Applicable Local Number 10 In 2010

Original Language Title: Peraturan Daerah Nomor 10 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd9be8e1b0afe1313634353034.html

The PROVINCIAL GOVERNMENT of WEST JAVA, the DRAFT REGULATION AREA of WEST JAVA PROVINCE number: 10 in 2010 ABOUT the EMPOWERMENT and DEVELOPMENT of cooperatives, micro, small and MEDIUM ENTERPRISES with the GRACE of GOD ALMIGHTY the GOVERNOR of West Java, Considering: a. that in the framework of empowerment and the development of cooperatives, micro, small and medium enterprises which have position and strategic role to boost the economy of the area, it takes the role of local governments in encouraging and giving protection and opportunities sought that is conducive to realizing the role optimally in economic development in the area; b. that based on considerations as referred to in letter a, the need to form a Regulatory Region of West Java about empowerment and the development of cooperatives, micro, small and medium enterprises; Remember: 1. Act No. 11 of 1950 on the establishment of the province of West Java (Republic Indonesia on 4 July 1950), Jo. Act No. 8 of 1950 the Government of Jakarta Raya (Indonesia Country Sheet Republic of 1950 the number 31, an additional Sheet of the Republic of Indonesia number 15) as amended several times, the last by Act No. 29 of 2007 about the Government of the province of Jakarta as the capital of the State Union of Republic Indonesia (State Gazette of the Republic of Indonesia Number 93 in 2007, an additional Sheet of the Republic of Indonesia Number 4744) and Act No. 23 of 2000 on the establishment of Banten Province (State Gazette of the Republic of Indonesia year 2000 Number 182, additional sheets of the Republic of Indonesia Number 4010); 2. Act No. 3 of 1982 on Obligatory list of companies (State Gazette of the Republic of Indonesia number 7 in 1982, an additional Sheet of the Republic of Indonesia Number 3214); 3. Act No. 25 of 1992 concerning Perkoperasian (State Gazette of the Republic of Indonesia Number 116 of 1992, an additional Sheet of the Republic of Indonesia Number 3502); 4. Law number 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3816); http://www.bphn.go.id/2 5. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821); 6. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4423); 7. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 8. Act No. 17 of 2007 about the Long-term National Development Plan 2005-2025 (State Gazette of the Republic of Indonesia Number 33 in 2007, an additional Sheet of the Republic of Indonesia Number 4700); 9. Act No. 20 in 2008 about the micro, small and medium enterprises (State Gazette of the Republic of Indonesia Number 93 in 2008, an additional Sheet of the Republic of Indonesia Number 4866); 10. Government Regulation No. 4 of 1994 about the requirements and procedures for the authentication of the deed of establishment and change of the articles of the cooperative (Gazette of the Republic of Indonesia number 8 in 1994, an additional Sheet of the Republic of Indonesia Number 3540); 11. Government Regulation number 17 in 1994 about the dissolution of a cooperative by the Government (State Gazette of the Republic of Indonesia Number 24 of 1994, an additional Sheet of the Republic of Indonesia Number 3591); 12. Government Regulation No. 9 of 1995 on the implementation of business activity Save Loan by cooperatives (State Gazette of the Republic of Indonesia number 19 in 1995, an additional Sheet of the Republic of Indonesia Number 3591); 13. Government Regulation Number 44 of 1997 concerning partnership (Gazette of the Republic of Indonesia Number 91 in 1997, an additional Sheet of the Republic of Indonesia Number 3718); 14. Government Regulation Number 32 in 1998 about the construction and development of small enterprises (State Gazette of the Republic of Indonesia Number 46 in 1998, an additional Sheet of the Republic of Indonesia Number 3743); 15. Government Regulation Number 33 in 1998 about Capital Investment in cooperatives (State Gazette of the Republic of Indonesia Number 47 in 1998, an additional Sheet of the Republic of Indonesia Number 3744); http://www.bphn.go.id/3 16. Government Regulation Number 79 in 2005 about coaching and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 17. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 18. Government Regulation Number 42 in 2007 about the franchise (Gazette of the Republic of Indonesia Number 90 in 2007, an additional Sheet of the Republic of Indonesia Number 4742); 19. Government Regulation number 7 in 2008 on Dekonsentrasi and Pembantuan (State Gazette of the Republic of Indonesia Number 20 in 2008, an additional Sheet of the Republic of Indonesia Number 4817); 20. Government Regulation number 19 of 2010 regarding the procedures for the implementation of Tasks and authorities as well as the financial position of the Governor as the representative of the Government in the territory of the province (State Gazette of the Republic of Indonesia Number 82 in 2010, an additional Sheet of the Republic of Indonesia Number 5107); 21. West Java area of Regulation No. 3 of 2005 on the establishment of Regional Regulations (Gazette No. 12 in 2005 Regional E series, an additional Sheet region number 1) as amended by regulation region of West Java province number 5 in 2010 about the changes to the regulations of the province of West Java Area number 3 in 2005 on the establishment of Regional Regulations (Gazette No. 5 of 2010 Area E series Additional Sheets, region number 71); 22. West Java area of Regulation No. 10 in 2008 about the Affairs of the Government of the province of West Java (Gazette No. 9 of 2008 the area of Serie D, additional Regional Gazette No. 46); 23. West Java area of Regulation No. 12 in 2008 about the fine points of regional financial management (Regional Gazette in 2008 Serial number 11 D, additional Sheets region number 47); 24. West Java area of Regulation No. 2 of 2009 about the medium term development plan (RPJM) region of West Java province in 2008-2013 (Gazette year 2008 number 2 Area E series, an additional Sheet region number 60); 25. West Java area of Regulation number 1 of 2010 about the preparation and the management of a Program of regional Legislation (Gazette No. 1 of 2010 Area E series, an additional Sheet region number 68); http://www.bphn.go.id/4 26. West Java area of Regulation No. 9 in 2010 about the holding of Regional Cooperation (Regional Sheets 2010 E Series No. 9, Addendum Sheet region number 75); With the approval of the HOUSE of REPRESENTATIVES along with the AREA of WEST JAVA and WEST JAVA GOVERNOR DECIDED: setting: LOCAL REGULATIONS ABOUT the EMPOWERMENT and DEVELOPMENT of cooperatives, micro, small and medium enterprises. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. The Government is the Government of the Republic Indonesia. 2. The area is the province of West Java. 3. Local Government is the Governor and the Region as organizer of local governance. 4. The Governor is the Governor of West Java 5. County/city/town is a Regency in West Java. 6. the Bupati/Walikota is the Bupati/Walikota in West Java. 7. the Department is Department of cooperatives and micro, small and medium-sized province of West Java. 8. Organization of the Area hereinafter referred to as Device OPD is an organization in the area of environment Devices of local government who is technically responsible for the empowerment and development of cooperatives and micro, small and medium enterprises (UMKM) in the sector of activity. 9. Empowerment is the efforts made local governments, the business community and society as a synergistic in the form of growth and business development climate toward cooperatives and SMALL MEDIUM ENTERPRISES. 10. development is the efforts made by local governments, the business community and society to empower cooperatives and SMALL MEDIUM ENTERPRISES. 11. Financing is the provision of funds by the Government, local governments, businesses, and communities through financial institutions to develop and strengthen the capital of cooperatives and SMALL MEDIUM ENTERPRISES. 12. Guarantee the guarantee is the grant of loans to cooperatives and SMALL MEDIUM ENTERPRISES credit guarantor institution as support to increase the chance of obtaining a loan in order to strengthen its capital. http://www.bphn.go.id/


5 13. The partnership is a cooperation in business linkages, either directly or indirectly, on the basis of the principle of mutual need, trust, strengthen, and profitable involving perpetrators of cooperatives and SMALL MEDIUM ENTERPRISES with great effort. 14. Business climate is a condition that the Government attempted to and/or local governments in the form of the determination of the various regulations and policies in various aspects, in order to be Cooperative and SMALL MEDIUM ENTERPRISES obtain pemihakan, certainty, chance, the same protection and support the existence of trying, so it evolved into a tough and independent businesses. 15. Cooperative is a business entity that consists of the individual person or legal entity of cooperatives by underpinning its activities based on the principles of cooperation, as well as people's economic movement based on the principle of family laws in accordance with the invitation. 16. Perkoperasian is everything that concerns the life of cooperation. 17. The primary Cooperative is a cooperative founded by and composed of individuals. 18. Secondary Co-operative is a co-operative founded by and composed of the cooperative. 19. the cooperative movement is a whole organization of cooperatives and mandatory perkoperasian integrated activities toward the achievement of shared goals. 20. Micro business is people's productive individuals and/or entities who meet the requirements of individual business micro enterprises as provided for in the provisions of the legislation. 21. The small business economic productive effort is a stand-alone, conducted by an individual or business entity that is not a subsidiary or branch is not owned, controlled or being part of either directly or indirectly from medium or large businesses that meet the criteria of small enterprises referred to in the provisions of the legislation. 22. The intermediate Business of business is prolific in its own economy, which is done by the individual or business entity that is not a subsidiary or branch is not owned, controlled or being part of either directly or indirectly from a small business or a big business, with a total net worth or annual sales results referred to in the provisions of the legislation. 23. Great Efforts are productive economic efforts made by business entities to the amount of net worth or annual sales results greater than medium-sized businesses which include the national State-owned businesses or private, joint venture and foreign businesses that perform economic activities in Indonesia. http://www.bphn.go.id/6 24. The business world is the micro enterprises, small businesses, medium businesses, and great effort that perform economic activities of Indonesia and domiciled in Indonesia. 25. Monitoring and evaluation is an activity that is carried out to find out the results and performance of any activities conducted by local government authorities along with the Board of the cooperative region of Indonesia (Dekopinwil) and the Regional Chamber of Commerce and Industry (Chamber) in order to monitor and assess the results of the implementation of the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES. 26. Business activities Save Loan is an activity that is conducted to gather funds and channel it through business activities save borrowed from and to cooperative members is concerned, the members of the cooperative in question, another cooperative and/or its members. 27. the Inclusion of capital is the amount of money or capital goods which can be assessed with the money invested by the owners of capital to increase and strengthen the capital structure of cooperatives in improving its business activities. 28. Business Network is a chain of channel development and expansion of cooperatives and SMALL MEDIUM ENTERPRISES. 29. The partnership is a collaboration effort between the cooperatives and SMALL MEDIUM ENTERPRISES and/or large effort is accompanied by the development and construction of secondary businesses and/or big business, having regard to the principle of mutual need, mutually reinforcing and mutually beneficial. CHAPTER II the CORNERSTONE and PRINCIPLE of article 2 of the cooperatives and SMALL MEDIUM ENTERPRISES based on Pancasila and the Constitution of the Republic of Indonesia in 1945, and is based on: a. the family; b. economic democracy; c. togetherness; d. efficiency of Justice; e. sustainable; f. environmentally; g. independence; h. balance progress; and i. unity. http://www.bphn.go.id/7 CHAPTER III GOALS and PURPOSE of article 3 (1) the meaning of empowerment and the development of cooperatives and SMALL MEDIUM ENTERPRISES is to realize and enhance the regional economy, as well as the well-being of the community through the role of the cooperatives and SMALL MEDIUM ENTERPRISES on an ongoing basis. (2) the goal of the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES: a. foster and develop cooperatives and SMALL MEDIUM ENTERPRISES into robust and independent effort; b. fostering and enhancing the ability and dayasaing cooperatives and SMALL MEDIUM ENTERPRISES; c. gives protection and support for SMALL MEDIUM ENTERPRISES and Cooperative efforts; and d. increase business creation and foster a new entrepreneurial. CHAPTER IV the SCOPE of article 4 scope of empowerment and the development of cooperatives and SMALL MEDIUM ENTERPRISES include: a. institutional cooperative which include the establishment, merger and dissolution of cooperatives as well as smelting; b. empowerment of SMALL MEDIUM ENTERPRISES and Cooperatives that include growing business climate, business development, financing and guarantee; c. the development of cooperatives and SMALL MEDIUM ENTERPRISES which include the granting of facilities, tutoring, mentoring and retaining business cooperation and aid SMALL MEDIUM ENTERPRISES; and d. the supervision, monitoring and evaluation of the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES. Chapter V INSTITUTIONAL COOPERATIVE article 5 (1) local governments carry out the policy of the Government in facilitating the construction and establishment, merger and dissolution of the cooperative and the smelting of cross-district/city. (2) an endorsement of the formation, melting and incorporation and dissolution of cooperative cross-district/municipality referred to in subsection (1) is carried out by local government based on the task pembantuan. http://www.bphn.go.id/8 (3) local governments implement the facilitation of endorsement and announcement of the deed of establishment, endorsement and changes to statutes, dissolution, amalgamation and smelting cooperative cross-district/city. (4) the provisions concerning the implementation of the facilitation referred to in subsection (3), set by the Governor. CHAPTER VI is considered part of the COOPERATIVE Role, Function and principles of article 6 the function and role of cooperatives is: a. establishing and developing the potential and capability of Regional economy in enhancing the well-being of the community; b. actively join in efforts to raise the quality of life of the community; c. to strengthen his populist economic system as the basis for the regional economy of strength and endurance; and d. endeavor to realize and develop the economy of the Region is a joint venture, based upon the principle of family and economic democracy. Article 7 management of cooperatives is exercised based on the principles of: a. membership is voluntary and open; b. management of the effort done democratically; c. Division of the remainder of the results of the efforts undertaken in a fair, proportional to the magnitude of their respective business services; d. grant of retribution are limited to capital; e. independence; f. education perkoperasian; and g. antarkoperasi cooperation. The second section of the form and type of article 8 (1) Form of cooperation includes Cooperative primary and Secondary Co-operative. (2) types of cooperatives based on commonality of interests and activities of its members, including: a. the Cooperative Loan; b. Cooperative Producers; c. Consumer Cooperatives; d. Cooperative Marketing; and e. the cooperative services. http://www.bphn.go.id/9 CHAPTER VII micro, small and MEDIUM ENTERPRISES article 9 (1) micro enterprises have the following criteria: a. the productive family-owned businesses or individual citizen of Indonesia; b. has a net worth of most Rp. 50,000,000.00 (fifty million dollars), excluding the value of land and buildings are places of business; and c. has annual sales results at most Rp. 300,000,000.00 (three hundred million rupiah). (2) small business has the following criteria: a. the property of citizens of Indonesia which seeks in the region; b. has a net worth of more than Rp. 50,000,000.00 (fifty million rupiah) up to Rp. 500,000,000.00 (five hundred million rupiah), excluding the value of land and buildings are places of business; c. have annual sales results at most Rp. 300,000,000.00 (three hundred million rupiah) up to at most Rp. 2,500,000,000.00 (two billion five hundred million rupiah); d. stand on its own, is not a child or a branch of the company which is owned, controlled or affiliated, either directly or indirectly with a medium or Large Business Ventures; and e. the shape of individual businesses, businesses that are not incorporated or incorporated business entity laws, including cooperatives. (3) medium-sized Businesses have the following criteria: a. the property of citizens of Indonesia which seeks in the region; b. has a net worth of more than Rp. 500,000,000.00 (five hundred million rupiah) up to at most Rp. 10,000,000,000.00 (ten billion rupiah), excluding the value of land and buildings are places of business; c. have the results of the annual sales of more than Rp. 2,500,000,000.00 (two billion five hundred million rupiah) up to at most Rp. 50,000,000,000.00 (fifty billion dollars); d. stand on its own, is not a child or a branch of the company which is owned, controlled, affiliated, either directly or indirectly with a medium or Large Business Ventures; and e. the shape of individual businesses, businesses that are not incorporated or incorporated business entity laws, including cooperatives. http://www.bphn.go.id/


10 (4) Criteria relating to the nominal value referred to in subsection (1), (2) and (3) can be changed in accordance with the development and growth of the economy, based on the provisions of the legislation. CHAPTER VIII ESTABLISHED the General BUSINESS CLIMATE is considered Part of article 10 (1) local Governments foster a business climate of cooperation and SMALL MEDIUM ENTERPRISES that include aspects of: a. funding; b. infrastructure and facilities; c. business information; d. partnership; e. licensing effort; f. the opportunity of trying; g. trade promotion; h. protection efforts; and i. institutional support. (2) the business world and the community join in actively assisting local governments in fostering business climate as referred to in paragraph (1). The second part of article 11 Funding aspects of the funding referred to in article 10 paragraph (1) letter a, implemented for: a. expand its sources of funding and facilitate Cooperative and SMALL MEDIUM ENTERPRISES in regions in accessing the banking credit and financial institutions is not a bank; b. enlarging financing and expand its network so it can be accessed by cooperatives and SMALL MEDIUM ENTERPRISES in the region; c. provide ease in obtaining funding in a fast, precise, cheap, and not discriminatory in service, in accordance with laws-the invitation; and d. helped the businessmen of cooperatives and SMALL MEDIUM ENTERPRISES in the region to get financing and other financial services/products provided by banks and financial institutions is not a bank, neither of which use conventional systems as well as the Sharia system. 11 http://www.bphn.go.id/the third part of article 12 and infrastructure aspects of the infrastructure and facilities as referred to in article 10 paragraph (1) letter b, to: a. provide public infrastructure that can encourage and develop the growth of micro and small enterprises; and b. provide tariff relief to certain infrastructure for micro and small businesses. The fourth part of article 13 Business Information aspects of business information as referred to in article 10 paragraph (1) Letter c, implemented to: a. establish and facilitate the utilization of data banks and information networks business cooperatives and SMALL MEDIUM ENTERPRISES in the region, which is integrated with the data and the business network international and the national level; b. hold and disseminate information about the market, the source of financing, commodities, assurance, design and technology, as well as the quality of goods/services cooperatives and SMALL MEDIUM ENTERPRISES in the region; and c. provide guarantees of transparency and equal access for SMALL MEDIUM ENTERPRISES cooperation and trade in the region. The fifth part of the partnership Article 14 aspects of partnerships as referred to in article 10 paragraph (1) letter d, to: a. embodies partnership between cooperatives and SMALL MEDIUM ENTERPRISES in the region; b. manifest partnerships between cooperatives and SMALL MEDIUM ENTERPRISES in areas with Large Businesses in the area; c. encourage the occurrence of mutually beneficial business partnership in the execution of business transactions antarkoperasi and SMALL MEDIUM ENTERPRISES in the region; d. encourage the occurrence of mutually beneficial relationships between business transactions in the performance of cooperatives and SMALL MEDIUM ENTERPRISES with Large Businesses in the area; e. develop cooperation to improve the bargaining position of SMALL MEDIUM ENTERPRISES and Cooperatives in the region; f. encourage the formation of market structures that ensure the growth of a healthy business competition and to protect consumers; 12 g. http://www.bphn.go.id/and prevent the occurrence of market domination and the centralization of efforts by the individual or entity to the detriment of SMALL MEDIUM ENTERPRISES and Cooperatives in the area. The sixth section of the Licensing Business of article 15 (1) aspects of licensing ventures as referred to in article 10 paragraph (1) letter e, implemented for: a. simplify procedures and the type of licensing business with one door integrated service system; and b. exempting licensing fees for micro and give relief from the licensing fees for small businesses. (2) the type of licensing venture as referred to in paragraph (1), include: a. Agriculture; b. mining and minerals; c. processing industry; d. electricity, gas and clean water; e. building; f. trade, hotels and restaurants; g. transport and communications; h. finance, leasing and services company; and i. the merits. (3) further Provisions concerning the requirements and procedures of application for business license SMALL MEDIUM ENTERPRISES in the region, established by regulation of the Governor in accordance with laws-invitation. The seventh part Chance trying to article 16 (1) aspects of the opportunity of trying as referred to in article 10 paragraph (1) letter f, implemented to: a. determine the allocation of places of business which includes the awarding of the locations in the markets, shops, industrial centers, location location location of mines folk, farming people, reasonable location for street vendors and other locations; b. set the allocation of time trying to cooperatives and SMALL MEDIUM ENTERPRISES in the retail trade subsector; c. oblige to great effort to provide a business place room of at least 10% (ten per cent) of all places of business built to cooperatives and SMALL MEDIUM ENTERPRISES; d. requires to local governments, government district/city and the business community in providing protection and development of traditional markets; http://www.bphn.go.id/13 e. backing up the field and type of business activity that has the specificity of the process, are labor intensive, and has a heritage that is both specific and hereditary; f. assign a field of endeavor that proclaimed to cooperatives and SMALL MEDIUM ENTERPRISES and businesses that are open for Business, with the terms should in collaboration with the cooperatives and SMALL MEDIUM ENTERPRISES; g. protect certain business cooperatives and SMALL MEDIUM ENTERPRISES of strategic nature; h. give priority to the use of the products produced by cooperatives and SMALL MEDIUM ENTERPRISES through procurement directly; i. prioritise trade cooperatives and SMALL MEDIUM ENTERPRISES in the area of procurement of goods or services and chartering the work carried out by the local authorities and/or district/city Governments; j. providing assistance and consultancy law and advocacy. (2) monitoring and control over the implementation of the provisions referred to in subsection (1) is carried out by local governments. The eighth part of the sales pitch article 17 (1) aspects of a sales pitch as referred to in article 10 paragraph (1) the letter g, implemented to: a. enhance product promotion of cooperatives and SMALL MEDIUM ENTERPRISES in the region to the levels of regional, national and international; b. expand the sources of funding for the promotion of Cooperative products and SMALL MEDIUM ENTERPRISES in the region; c. provide incentives to cooperatives and SMALL MEDIUM ENTERPRISES in regions that are able to provide funding independently in the promotional activities of products cooperatives and SMALL MEDIUM ENTERPRISES in the region; and d. to facilitate ownership of intellectual property (Ip) for the improvement of product quality and design of the cooperatives and SMALL MEDIUM ENTERPRISES in the region in the business activities within the country and export. (2) Supervision and control of the implementation of the provisions referred to in subsection (1) is carried out by local governments. the ninth Part 14 http://www.bphn.go.id/Business Protection Article 18 aspects of protection efforts as referred to in article 10 paragraph (1) the letter h, was implemented to provide protection efforts as the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES with include elements of society and pay attention to the elements of a healthy business competition. The tenth part of institutional Support article 19 aspects of institutional support as referred to in article 10 paragraph (1) the letter i, was implemented to develop and improve the function of incubators, business development services, financial consultancy partner banks, institutions Guaranteeing the Financing Institutions, Regional areas, and other such professions as the supporting institution for the development of cooperatives and SMALL MEDIUM ENTERPRISES in the region, in accordance with the legislation. CHAPTER IX the DEVELOPMENT of COOPERATIVES and SMALL MEDIUM ENTERPRISES Part One General article 20 (1) local governments carry out a facilitation of the development of cooperatives and SMALL MEDIUM ENTERPRISES in the region, including: a. production and processing; b. marketing; c. human resources; and d. Design and technology. (2) the corporate world and the public participate actively doing development as referred to in paragraph (1). The second part of the production and processing of article 21 development in the field of production and processing as referred to in article 20 paragraph (1) letter a, performed by: a. improving production techniques and processing and management capabilities of cooperatives and SMALL MEDIUM ENTERPRISES in the region; http://www.bphn.go.id/


15 b. provide ease in the procurement of infrastructure, production and processing of raw materials, ingredients, intermediate products, and packaging for cooperatives and SMALL MEDIUM ENTERPRISES in the region; c. encourage the application of standardization in the process of production and processing; and d. improve an engineering and architecture for medium-sized Businesses. The third part of article 22 the development of Marketing cooperatives and SMALL MEDIUM ENTERPRISES in the region in the field of marketing referred to in article 20 paragraph (1) letter b, done by means of: a. conduct research and studies on marketing; b. disseminate market information; c. did the ability of management and marketing techniques; d. provide a means of marketing that include conducting market trials, marketing agencies, provision of home trade and the promotion of cooperatives and SMALL MEDIUM ENTERPRISES; e. provide support product promotion, marketing, and distribution network; and f. provide professional consultancy in the field of marketing. The fourth part of article 23 human resources human resources Development as managers of cooperatives and SMALL MEDIUM ENTERPRISES in regions referred to in article 20 paragraph (1) Letter c, is carried out by means of: a. promote and cultivate entrepreneurship; b. improving the managerial and technical skills; and c. establish and develop vocational education and training, mentoring, business motivation and creativity, as well as the creation of new entrepreneurs. The fifth part of the design and technology section 24 design and Technology Development cooperatives and SMALL MEDIUM ENTERPRISES in regions referred to in article 20 paragraph (1) letter d, performed by: a. improving the ability in the field of design and technology as well as quality control; b. enhancing cooperation and technology transfer; http://www.bphn.go.id/16 c. increasing the capabilities of cooperatives and SMALL MEDIUM ENTERPRISES in the fields of research to develop the design and new technologies; d. provide incentives to cooperatives and SMALL MEDIUM ENTERPRISES in regions that develop technology and preserving the environment; and e. encourage cooperatives and SMALL MEDIUM ENTERPRISES in the region to obtain a certificate of intellectual property (Ip). CHAPTER X the FINANCING and GUARANTEE Part One General Article 25 local governments implement the facilitation of financing and guarantee for cooperatives and SMALL MEDIUM ENTERPRISES, include: a. a banking credit; b. the guarantee institution is not a bank; c. venture capital; d. profit portion of compassion funds State-owned enterprises and business entities belong to the region; e. grant; and f. other financing types in accordance with the legislation. The second part of the financing and Guarantee of the cooperative Paragraph 1 Cooperative Financing Article 26 (1) to strengthen its capital structure and financing for cooperatives, can be done through the inclusion of capital sourced from: a. the Government and/or local governments; b. members of the community; c. Regional-owned enterprises; and d. other funds. (2) Fostering capital investment is done based on an agreement between cooperatives with financiers. Paragraph 2 of article 27 Cooperative Assurance (1) a cooperative may receive credit guarantee from the guarantee institution/company which is engaged in the field of finance for development and/or increased efforts, in order to open up employment and increase the added value of efforts as well as help the reduction of unemployment and poverty reduction. http://www.bphn.go.id/17 (2) a guarantee for financing and implementation of a cooperative referred to in subsection (1) and (2), carried out on the basis of the provisions of the legislation. The third part of financing micro and Small Article 28 (1) in the framework of the development of micro and small businesses, local governments and district/city Governments provide financing from the budget of income and Expenditure area (BUDGETS). (2) the provision of financing for micro and small businesses in the area, can be sourced from funds of State-owned enterprises, national and foreign companies, in the form of the granting of a loan, guarantee, grants, and other funding is legitimate and not binding. (3) local Governments facilitate the provision of finance for micro and small businesses that are sourced from Government and the business world in the form of grants, lobbies for foreign aid and other financing sources to labour illegal and non-binding. (4) local governments can provide incentives in the form of licensing requirements, ease of tariff relief and infrastructure, and other incentives to businesses that provide financing for micro and small businesses in the area, in accordance with the legislation. Article 29 (1) in improving the access of micro and small businesses in the area against the source of financing as referred to in Article 28, the local authorities: a. to grow, develop and expand the network of financial institutions is not a bank and the guarantor of the credit institution; and b. provide ease and facilitation in fulfilling the requirements for obtaining financing. (2) the business world and the community join in actively improving the access of micro and small businesses in the area against the loan or credit referred to in subsection (1), by means of: a. increase the capability of putting together a business feasibility study; b. increasing knowledge about the procedure of filing a credit or loan; and c. increase the understanding and technical skills and managerial efforts. http://www.bphn.go.id/6 parts of Four medium-sized Business financing and Guarantee the paragraph 1 article 30 medium-sized business financing local governments do Business empowerment in the field of Secondary financing and guaranteeing, through facilitation and encourages an increase in working capital and investment through an expansion of sources and patterns of financing, access to capital markets, and other financing institutions. Paragraph 2 of article 31 Medium Business Assurance For Medium Businesses empowerment, local governments do a credit guarantor institution development facilitation and improve the function of guarantor institution exports. Part five institutions of the financing and Credit Guarantee of article 32 local Government Areas may form a Credit Guarantee and Financing Institutions for the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES in accordance with the legislation. CHAPTER XI PROTECTION EFFORT of article 33 (1) of the local government and the business world provide protection efforts in order the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES in the region. (2) the protection of undertakings as referred to in paragraph (1) may be made by also including elements of society, and pay attention to the elements of a healthy business competition. (3) the provisions concerning the protection of undertakings as referred to in paragraph (1) and (2) is set by the Governor. CHAPTER XII LIABILITY of COOPERATIVES and SMALL MEDIUM ENTERPRISES Article 34 (1) Each Cooperative mandatory equipment and means of Administration Office. (2) every equipment required to have SMALL MEDIUM ENTERPRISES administration. http://www.bphn.go.id/19 (3) cooperatives and SMALL MEDIUM ENTERPRISES to obtain the help and facilities from the Government and local authorities, compulsory audited. (4) the Cooperatives obtain the results of the annual sales of above Rp. 1,000,000,000.00, mandatory audited by public accountant. (5) the cooperatives and mandatory Administration kept the SMALL MEDIUM ENTERPRISES organization, business and finance with the code of conduct in accordance with the legislation. (6) for the cooperative already incorporated the law of at least one (1) year and has been carrying out Annual Member meeting (RAT), required an assessment over the health cooperative, which applies to one particular period within a period of not longer than 2 (two) years. CHAPTER XIII of the NETWORK BUSINESS and the PARTNERSHIP is considered Part of the network Business of article 35 (1) each of the cooperatives and SMALL MEDIUM ENTERPRISES can form a business network either vertically or horizontally. (2) Business Network as referred to in paragraph (1), covers the areas that are agreed upon by the parties and does not conflict with the provisions of regulation perundangan-undangan, public order, and morality. (3) Business Network as referred to in paragraph (2), may be made in the form of the expansion of independent business or partnership. Article 36 of the cooperative and the SMEC has got the facilities capital and means of local government for the expansion of the network in the form of independent business, can do to diversion network business to another party after the approval of the Governor. The second part of the partnership Article 37 (1) Partnership in the framework of efforts by the Association of cooperatives and SMALL MEDIUM ENTERPRISES, implemented through the patterns that correspond to the nature and purpose of the effort is dimitrakan, with based on the provisions of the legislation. (2) a partnership referred to in paragraph (1) was carried out with the pattern: a. core plasma; b. subcontracting; c. General trading; d. franchising; e. distribution and agency; and f. other forms of partnership. http://www.bphn.go.id/


20. CHAPTER XIV COORDINATION Article 38 (1) coordination of empowerment and the development of cooperatives and SMALL MEDIUM ENTERPRISES in areas held by the Governor. (2) the coordination of empowerment and the development of cooperatives and SMALL MEDIUM ENTERPRISES as referred to in subsection (1) is technically implemented by the Agency and the OPD, alignment policy formulation within the framework of the implementation of the programme of activities of empowerment, development, monitoring and evaluation. (3) the preparation of the plan and the implementation of programs in the areas of empowerment and the development of cooperatives and SMALL MEDIUM ENTERPRISES in the area referred to in subsection (2) is integrated with the Government's policy of Kabupaten/Kota. CHAPTER XV Article 39 PROHIBITION of cooperatives and SMALL MEDIUM ENTERPRISES prohibited conduct: a. practices of monopolies; b. competition is not healthy; c. produce and circulate the prohibited goods; d. practise moneylenders to Borrow and Cooperative Units Save Loan Cooperatives, whether conventional or Islamic patterns; e. business conduct that is contrary to the principles of perkoperasian. CHAPTER XVI is considered part of the Administration's Sanctions SANCTIONS of article 40 (1) cooperatives and SMALL MEDIUM ENTERPRISES who breach the provisions of article 39, administrative penalties, such as: a. a written reprimand; b. the temporary suspension of some or all of the business activities; c. freezing of permissions; d. permit revocation; e. determination of the indemnity; and f. fine. (2) the provisions of the administrative sanctions referred to in paragraph (1), subject to the Governor's Rule, in accordance with the legislation. http://www.bphn.go.id/second part of 21 criminal sanctions Article 41 (1) anyone who breach the provisions of article 39, is liable for criminal confinement of not longer than three (3) months or a maximum fine of Rp. 50,000,000.00 (fifty million rupiah). (2) a criminal offence referred to in subsection (1) is an offence. (3) in the event of a criminal offence committed is liable to a higher criminal from criminal threats in this Area, then the Rules are subject to a higher criminal penalties, in accordance with the legislation. (4) a fine referred to in subsection (1) constitutes acceptance of the area and deposited the cash into the region. The third part of article 42 Area Regulations Enforcement enforcement of the regulations in this Area carried out by Police teachers ' Praja in accordance with those powers, coordinate with the Police of the Republic of Indonesia, on the provisions of the legislation. CHAPTER XVII INVESTIGATION Article 43 (1) of the particular civil servant Officials in the local government environment was authorized as a special investigator to conduct the investigation of criminal offence. (2) the authority of the Ombudsman referred to in subsection (1) is: a. receive, seek, collect and examine information or reports regarding the criminal act so that captions and the report be more complete and clear; b. researching, finding and collecting personal information about the person or entity upon the truth of the acts committed in connection with a criminal offence; c. requesting information and evidence from a private person or entity with regard to criminal acts; d. examine the books, records and other documents relating to criminal acts; e. conducting the search to obtain evidence bookkeeping, record keeping and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation is a criminal offence; 22 g. http://www.bphn.go.id/told to stop and/or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of a person and/or documents taken as stated on the letter c; h. photographing someone related to the crime for documented; i. call the people to be heard and examined his statement as a suspect or a witness; and j. stop the investigation. CHAPTER XVIII MONITORING and EVALUATION Article 44 (1) Monitoring and evaluation of the implementation of the policy on the management of cooperatives and SMALL MEDIUM ENTERPRISES conducted by the Department and the OPD. (2) the results of the implementation of the monitoring and evaluation referred to in paragraph (1) were reported to the Governor periodically every 3 (three) months. (3) the procedures for the implementation of the monitoring and evaluation referred to in paragraph (1) are governed by regulation of the Governor. Article 45 (1) Monitoring and evaluation of the empowerment and development of cooperatives and SMALL MEDIUM ENTERPRISES at the district/city was implemented by the Bupati/Walikota, according the authority based on the provisions of the legislation. (2) Report the results of the monitoring and evaluation referred to in paragraph (1) is submitted to the Governor. CHAPTER XIX COACHING and SUPERVISION Article 46 (1) service of carrying out the construction and supervision against Loan and Cooperative Units Save Loan Cooperative in the region. (2) local Governments facilitate the exercise of the supervisory tasks in a Cooperative Loan and Save Loan cooperatives in the region based on the task pembantuan. (3) the provisions concerning the implementation of coaching and supervision as referred to in paragraph (1) established by regulation of the Governor. http://www.bphn.go.id/23 CHAPTER XX CONDITIONS COVER Article 47 of the regulation implementing the regulation in this Area should be on set at the latest 1 (one) years counted since this Area Regulations enacted. Article 48 the things that have not been provided for in the regulation of this area is all about the technical implementation, established by regulation of the Governor. Article 49 of the regulation of this area comes into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the piece area of West Java province. Enacted in Bandung on August 23, 2010 WEST JAVA GOVERNOR AHMAD HERYAWAN ttd, set out in Bandung on August 23, 2010 SECRETARY of West Java, ttd LEX ADMIRAL SHEET REGION of WEST JAVA in 2010 number 10 the SERIES e. copies of its original REGIONAL SECRETARIAT in accordance with the PROVINCE of WEST JAVA, the head of the Bureau of Justice and human rights, Yessi http://www.bphn.go.id/Esmiralda