Regulation No. 4 Area In 2009

Original Language Title: Peraturan Daerah Nomor 4 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd83ada0f0ae80313634343233.html

52 SHEETS AREA of BOGOR CITY in 2009 number 1 SERIES D REGULATORY AREA of BOGOR CITY number 4 in 2009 ABOUT the COMPANY'S MARKET AREA JAYA PAKUAN, with the GRACE of GOD ALMIGHTY the MAYOR of BOGOR, Considering: a. that in order to improve services to the community in the fields of trade, in particular the management of the market, it takes a real effort of effective, efficient, accountable, and professional; b. that to hold the business referred to in letter a, needed an agency that has the soul of kepengusahaan i.e. Regional-owned enterprises (BUMD) and founded the company area, which will be one of the area's original source of income to support regional development; c. that based on considerations as referred to in letter a and letter b, need to establish local regulations concerning the establishment of companies Market Area Pakuan Jaya; http://www.bphn.go.id/53 Considering: 1. Act No. 16 of 1950 on the establishment of areas of major cities in the Province of East Java, Central Java, West Java and in the special region of Yogyakarta as amended by Act No. 13 of 1954 about Modifying Act No. 16 and 17 in 1950 (First Republic) about the formation of large cities and small towns in Java (Gazette Republic of Indonesia Number 40 of 1954 Additional Sheets, the Republic of Indonesia Number 551); 2. Law number 5 in 1962 about the company area (Gazette of the Republic of Indonesia number 10 in 1962, an additional Sheet of the Republic of Indonesia Number 2387); 3. Act No. 3 of 1992 on the social security of Labor (State Gazette of the Republic of Indonesia No. 14 of 1992, an additional Sheet of the Republic of Indonesia Number 3468); 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 3825); 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. 28 of 1999 about the organizers of a country that is clean and free from corruption, Collusion and Nepotism (State Gazette of the Republic of Indonesia Number 75 in 1999, an additional Sheet of the Republic of Indonesia Number 3851); 7. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286); http://www.bphn.go.id/54 8. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355); 9. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 61 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 10. 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 it has several times changed with Act No. 12 of 2008 about a change 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); 11. Act No. 40 of 2004 on National Social Security Systems (State Gazette of the Republic of Indonesia Number 150 in 2004, an additional Sheet of the Republic of Indonesia Number 4456); 12. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 3529); 13. Government Regulation Number 79 in 2005 about Coaching Guidelines 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); http://www.bphn.go.id/55 14. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by the Government Regulation Number 38 in 2008 about the changes to the Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855); 15. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 16. Government Regulation Number 41 in 2007 about the Organization of the device area (State Gazette of the Republic of Indonesia Year 2007 Number 89, an additional Sheet of the Republic of Indonesia Number 4741); 17. The decision of the Minister of Home Affairs Number 50 in 1999 about the Stewardship Area owned enterprises (BUMD); 18. Regulation of the Minister of the Interior No. 3 in 1998 about the form of the legal entity owned enterprises (BUMD) Area; 19. The decision of the Minister of Home Affairs Number 43 in 2000 about the guidelines of the company's Regional Cooperation with third parties; 20. Regulation of the Minister of Home Affairs number 13 Year 2006 about Regional Financial Management Guidelines as amended by regulation of the Minister of Home Affairs Number 59 in 2007 about the changes to the regulation of the Minister of Home Affairs number 13 year 2006 Financial Management Guidelines of the region; http://www.bphn.go.id/56 21. Regional Bogor City Regulation number 7 in 2005 about Conducting market (Gazette of the regional city of Bogor in the 2005 Number 4 series E); 22. Applicable local Bogor City number 3 in 2006 about Levy's service markets (Regional Bogor City Gazette 2006 number 1 Series C); 23. Applicable local Bogor City number 13 in 2007 about the fine points of regional financial management (Bogor Region Gazette Year 2007 number 7 Series E); 24. Applicable local Bogor City number 3 in 2008 about the Affairs of the Government of the city of Bogor (Bogor City Gazette in 2008 number 2 E series); 25. Applicable local Bogor City number 13 in 2008 about the Organization of the device area (Sheet Region City of Bogor in 2008 number 3 Serie D); Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL CITY of BOGOR and BOGOR MAYOR DECIDED: setting: LOCAL REGULATIONS CONCERNING the ESTABLISHMENT of COMPANIES MARKET AREA PAKUAN JAYA. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the city of Bogor. 2. Local Government is the Mayor and the region as organizer of local governance. http://www.bphn.go.id/57 3. The Mayor is the Mayor of Bogor. 4. Representatives of the regional PARLIAMENT is hereinafter referred to as the House of representatives of the regional city of Bogor. 5. Budget income and Expenditure the Bogor Area hereinafter referred to GRANT annual financial plan is a defined area based on local regulations regarding Budget revenues and Shopping area. 6. The company's Market Area hereinafter referred to as the Jaya Pakuan PD Pasar Jaya Pakuan, is the company that manages the Area market belongs to the local government. 7. The market is a place designated by the local government as a place to meet the seller and buyer parties to execute the transaction in which the process of buying and selling goods or services. 8. the Executive Board is the governing body of Trustees and directors PD Pasar Jaya Pakuan. 9. Supervisory Bodies are the Supervisory PD Pasar Jaya Pakuan. 10. Board of Directors the Board of Directors is PD Pasar Jaya Pakuan. 11. An employee is an employee of PD Pasar Jaya Pakuan. CHAPTER II ESTABLISHMENT of article 2 (1) and Rule this region founded the company Market area of the city of Bogor. (2) the company's Market area is the city of Bogor as referred to in subsection (1) is the agency that its position is obtained by the enactment of Regulations in this Area. CHAPTER III the NAME and POSITION of article 3 (1) of the regional Company named Jaya Pakuan Market Areas of the company are abbreviated PD Pasar Jaya Pakuan. http://www.bphn.go.id/58 (2) PD Pasar Jaya Pakuan using logo set by the Mayor over the proposed Board of Directors through Agency Supervisors. (3) the company Area referred to in subsection (1) is based in the area and may have branches and representative offices outside of the region. CHAPTER IV OBJECTIVES article 4 PD Pasar Jaya Pakuan, was founded with the purpose of: a. improve services and infrastructure needs of a market that is comfortable, clean, and orderly; b. push the economy of the region; c. support the development of the region; d. improving the professionalism and efficiency of the management of the market; e. increase the Revenue of the original area. Chapter V article 5 CAPITAL (1) Capital Market Jaya Pakuan PD is the wealth of the area are separated. (2) the basic capital of PD Pasar Jaya Pakuan, as referred to in paragraph (1) are set at Rp 241,792,583,600.00 (two hundred and forty-one billion seven hundred ninety two million five hundred and eighty-three thousand six hundred rupiah) since local regulations is enacted. (3) the basic Capital as referred to in paragraph (2) consists of paid-in capital and assets separated areas. (4) paid-in capital as referred to in paragraph (3) was Rp 5,000,000,000.00 (five billion dollars) paid at the latest 1 (one) year since this Area Regulations enacted. http://www.bphn.go.id/


59 (5) Basic Capital asset be separated as referred to in paragraph (3) was Rp 236,792,583,600.00 (two hundred and thirty-six billion seven hundred ninety two million five hundred and eighty-three thousand six hundred rupiah). (6) the determination and penyerahterimaan assets referred to in subsection (5) may be implemented gradually with the Mayor's Decision. (7) the assets delivered as intended in paragraph (6) is the inclusion of capital is calculated as paid-in capital. (8) the addition of paid-in capital to satisfy capital basis set with the decision of the Mayor. (9) upon the approval of the Supervisory Bodies, the Board of Directors can propose the addition or reduction of basic capital in Pakuan Jaya Market PD. (10) the addition or reduction of basic capital as referred to in paragraph (9) are defined by local regulations. CHAPTER VI BUSINESS of article 6 (1) in order to achieve the objectives referred to in article 4, PD Pasar Jaya Pakuan organizes business management and rental facilities and infrastructure of the market, such as trade, perparkiran, place of unloading, the management of hygiene, Washing Bathroom Toilet (PUBLIC), as well as other efforts related to the Organization of the market. (2) any other type of business referred to in subsection (1) is governed by the Mayor over the proposal of the Board of Directors. Article 7 (1) PD Pasar Jaya Pakuan set rate over the conduct of the undertakings referred to in article 6 paragraph (1). (2) the rate referred to in subsection (1) is designated by the Board of directors after obtaining the approval of the Supervisory Bodies. http://www.bphn.go.id/60 (3) the rate referred to in subsection (1) are assigned based on the principles of: a. professionalism; b. competitiveness; c. Justice. Article 8 (1) in carrying out business as referred to in article 6 and because its position as a regional company, PD Pasar Jaya Pakuan implement function: a. planning, construction, maintenance, and supervision of the infrastructure Market PD Jaya Pakuan; b. the Setup and management of PD Pasar Jaya Pakuan, along with amenities; c. construction of the businessmen in the market of Jaya Pakuan PD; d. creation of a smooth distribution of goods and services. (2) in addition to the functions referred to in subsection (1), PD Pasar Jaya Pakuan also undertake social functions as the catalyst and the creation of the stability of prices and availability of staple. CHAPTER VII, the first part of the ORGANIZATIONAL Executive Board article 9 management of PD Pasar Jaya Pakuan consists of: a. a Supervisory Agency; b. the Board of Directors. http://www.bphn.go.id/61 the second part of Paragraph 1 the appointment of Supervisory Bodies article 10 (1) the Supervisory Board is appointed and dismissed by the Mayor. (2) the number of Supervisory Bodies at most three (3) people, one (1) person of whom elected the Chairman and interim members. (3) a supervisory agency of the Elements referred to in subsection (1) comes from people who are professionals in accordance with the scope of work PD Pasar Jaya Pakuan. Paragraph 2 the requirements of article 11 (1) to be appointed as members of the Supervisory Body must meet the following requirements: a. citizen of Indonesia; b. provide sufficient time; c. not tied to family relations with Mayor/Deputy Mayor or other Supervisory bodies or by the Board of directors until the third degree either according to the straight line nor to the side including the son-in-law and brother-in-law; d. have experience in the field of his expertise at least 5 (five) years; e. age when first appointed most high 54 (fifty-four) years; f. not a caretaker of a political party. (2) the technical requirements of the appointment of members of Supervisory Bodies is governed by the Mayor. http://www.bphn.go.id/62 Paragraph 3 term of article 12 (1) the term of the Supervisory Bodies established for 3 (three) years. (2) a Supervisory Agency raised at most 2 (two) times. (3) the appointment of the Supervisory Body of the 2nd (second) time is done when: a. capable of overseeing the PD Pasar Jaya Pakuan, in accordance with the work programme; b. capable of providing advice to the Board of directors so that PD Pasar Jaya Pakuan until able to compete with other companies; c. able to give an opinion on the chances of a profitable business in the future. Paragraph 4 of article 13 tasks and Supervisory Authority has a duty as follows: a. supervise the operational activities of the PD Pasar Jaya Pakuan; b. provide opinions and advice to the Mayor against the appointment and dismissal of Directors; c. provide opinions and advice to the Mayor's response to the work programme proposed by the Board of Directors; d. provide opinions and advice to the Mayor's response to the report on the balance sheet and profit/loss calculation; e. provide opinions and advice top performance report PD Pasar Jaya Pakuan. Article 14 the Agency Supervisor has the authority as follows: a. gives a warning to Directors who do not carry out tasks in accordance with the approved work programme; http://www.bphn.go.id/63 b. check Board of directors who allegedly adverse PD Pasar Jaya Pakuan; c. approved the work plan and budget of PD Pasar Jaya Pakuan; d. accept or reject work programme and financial accountability of Directors of the current year. Article 15 (1) to help smooth the Supervisory task could be established to engage the secretariat consists of 2 (two). (2) any costs arising in connection with the establishment of the Secretariat of the Supervisory Bodies as referred to in paragraph (1) is charged to the budget of PD Pasar Jaya Pakuan, having regard to the financial ability of the PD Pasar Jaya Pakuan. (3) members of the Supervisory Body Secretariat Honorarium established by Supervisory and charged to PD Pasar Jaya Pakuan. Paragraph 5 article 16 Income Supervisory because her duties receive honorarium. Article 17 (1) the Chairman of the Board of Trustees receive honorarium for 40% (forty-perseratus) from the income of the President Director. (2) the Secretary of the Agency Supervisors receive honorarium amounting to 35% (thirty-five perseratus) from the income of the President Director. (3) members of the Supervisory Bodies received honorariun by 30% (thirty-perseratus) from the income of the President Director. Article 18 (1) in addition to the honorarium, as stipulated in article 17 Supervisory Authority each year provided production services and money services devotion at the end of his term. http://www.bphn.go.id/64 (2) magnitude of money production service and dedication to the service of money referred to in subsection (1) is governed by the Mayor to pay attention to the ability of the PD Pasar Jaya Pakuan. Paragraph 6 of article 19 dismissal of Supervisory Bodies can be dismissed by reason of: a. at the request of its own; b. dies; c. because of health and therefore cannot carry out his duties in 3 (three) months continuously; d. do not perform the task and authority; e. engage in actions that are detrimental to the PD Pasar Jaya Pakuan; f. convicted criminal based on court rulings which have the force of law. Article 20 (1) if the Agency Supervisors suspected of committing one of the deed as referred to in article 7 letter c, letter d, letter e, letter f, and the Mayor undertook the examination of that question. (2) if based on the results of the examination of a Supervisory Agency referred to in subsection (1) do the alleged is proven, the Mayor the longest 12 (twelve) days of work soon issued a decision: a. the dismissal as a Supervisory Body for the watchdog that did the deed as referred to in article 7 letter c, letter d, and the letter f; b. the suspension as a Supervisory Body for the watchdog that did the deed as referred to in article 7 letter e. http://www.bphn.go.id/65 (3) revoke the suspension of the Mayor and rehabilitate the corresponding name in the body of the Trustees who are laid off temporarily as referred to in paragraph (2) letter b is not proved adverse action PD Pasar Jaya Pakuan. (4) the Mayor dismiss concerned when a Supervisor was dismissed while the Agency as referred to in paragraph (2) letter b proven adverse action PD Pasar Jaya Pakuan. The third part 1 Paragraph appointment of Directors clause 21 (1) the Board of Directors are appointed by the Mayor and take precedence over the proposal from private Agency Supervisors. (2) in the case of candidates of Directors referred to in subsection (1) is not derived from the private sector, then the question must release in advance the status of kepegawaiannya. (3) to be appointed as a member of the Board of Directors must meet the following requirements: a. citizen of Indonesia; b. at least Bachelor's degree education had precedence (S1); c. has the work experience of at least 5 (five) years in the field of trade and or management as evidenced by the certificate (reference) from previous work places by scoring well; d. the age at the time raised no more than 54 (fifty-four) years; e. create and present proposals about the company's vision and mission; f. tested the feasibility and propriety (fit and proper test); http://www.bphn.go.id/


66 g. not tied to family relations with Mayor/Deputy Mayor or with members of the Board of directors or by the members of the Supervisory Body of the other until the third degree either according to the straight line nor to the side including the son-in-law and brother-in-law; h. not caretaker of political parties. (4) appointment procedures and technical requirements of Board members is governed by a mayor. Article 22 the number of members of the Board of Directors at most three (3) people and one of them was appointed as the President Director. Article 23 (1) a person may occupy the position of the Board of Directors at most 2 (two) times in the same position in the PD Pasar Jaya Pakuan. (2) exempt from subsection (1) if the Director was appointed Director. (3) the term of Office of Directors set for 4 (four) years and may be reappointed for one term to the next. (4) the appointment for a term of 2 (two) as referred to in subsection (1) is performed when the directors proved to be able to improve the performance of the PD Pasar Jaya Pakuan. (5) improvement of performance referred to in subsection (4), among others, are characterized by: a. an increase in net income; b. efficiency; or c. the development effort. http://www.bphn.go.id/67 Paragraph 2 duties and authorities of the Board of Directors in managing the section 24 PD Pasar Jaya Pakuan has a duty as follows: a. drafting of planning, leading and control the activities of, and conduct coordination and supervision of all activities of the PD Pasar Jaya Pakuan; b. arrange and manage the wealth of PD Pasar Jaya Pakuan; c. organized a public administration and finance; d. drafting plans business strategy (business plan/corporate plan) annual 5 (five) passed by the Mayor over the proposal the Agency Supervisors; e. prepare and submit a business plan and annual budget of PD Pasar Jaya Pakuan which is the elaboration of annual Plans business strategies to the Mayor through the Supervisory Agency; f. foster employees; g. prepare and submit periodic reports on all activities including balance sheet and profit/loss calculation to the Supervisory Body. Article 25 the Board of Directors in managing the market Jaya Pakuan PD has the authority as follows: a. appoint, dismiss, and memindahtugaskan employees under the Board of Directors in accordance with the laws and regulations in the field of LOCAL GOVERNMENT; b. representing PD Pasar Jaya Pakuan, both inside and outside the Court; c. designate power to do the deed law representing PD Pasar Jaya Pakuan; d. sign the reports, balance sheet, and profit/loss calculation; e. menjaminkan, sell, or release the assets belonging to the PD Pasar Jaya Pakuan based on persetujan Mayor over Supervisory considerations; http://www.bphn.go.id/68 f. do loans, tying themselves in treaties, and do work closely with the other parties with the approval of the Mayor's top Supervisory Bodies in accordance with considerations of laws-invitation. Article 26 the Board of Directors requires the approval of the Supervisory Bodies in terms of: a. holding agreements of cooperation effort and or loan that may be against the depletion of assets and burdening the budget Market Jaya Pakuan PD; b. memindahtangankan or menghipotekkan or pawn and move objects or objects do not move property of PD Pasar Jaya Pakuan; c. the inclusion of capital in another company. Paragraph 3 Income and rights of Directors article 27 (1) the Board of Directors Revenue consists of: a. a salary; b. allowances; c. production services. (2) the magnitude of the salaries of the directors referred to in subsection (1) letter a, the highest of three (3) times the highest salary of employees. (3) the magnitude of the allowances of Directors referred to in subsection (1) letter b, should pay attention to the financial condition of the company and set up the approval of the Supervisory Bodies. (4) the type and magnitude of the salary and the allowances referred to in paragraph (2) and paragraph (3) was proposed by the Board of Directors through the Supervisory Bodies established by the Mayor in accordance with laws-invitation. http://www.bphn.go.id/69 Paragraph 4 Leave Article 28 (1) the Board of Directors acquired the rights to leave of absence in accordance with laws-invitation. (2) the provisions concerning the exercise of leave referred to in subsection (1) is governed by the Mayor. Paragraph 5 of article 29 of the dismissal of the Directors may be dismissed by reason of: a. at the request of its own; b. dies; c. because of health and therefore cannot carry out his duties; d. does not carry out its duties in accordance with the approved work programme; e. engage in actions that are detrimental to the PD Pasar Jaya Pakuan; f. convicted criminal based on court rulings which have the force of law. Article 30 (1) if the directors are suspected of committing one of the deed as referred to in article 29 of the letters c, d, and e-letter Agency Supervisors immediately checks against that question. (2) if based on the results of the examination of the Board of Directors referred to in subsection (1) do the alleged is proven, the Agency Supervisor immediately reported it to the Mayor. http://www.bphn.go.id/70 article 31 the Mayor the longest 12 (twelve) working days after receiving the report from the Supervisory inspection results already issued a decision: a. dismissal as Directors who did the deed as referred to in article 29 of the letter c, letter d, and the letter f; b. the suspension as the Board of Directors for Directors who did the deed as referred to in article 29 the letter e. Article 32 (1) the Board of Directors dismissed as stipulated in article 29 of the letter a, letter b, letter c, and dismissed with honor, and he was given the sign/Charter Award. (2) the Board of Directors dismissed as stipulated in article 29 the letter d, letter e and the letter f was laid off not with respect. (3) the Board of Directors dismissed as stipulated in article 29 the letter b, in addition to the given signs/plaques of appreciation, given the money for the funeral of three times salary and benefits received in the last month, also given the magnitude of the devotion services money assigned proportionately according his tenure. (4) the Board of Directors dismissed as stipulated in article 29 of the letter c in addition given the sign/Charter Award, given severance money amounting to 5 (five) times the salary and benefits that are received in the last month, as well as the money the service of devotion that the magnitude is specified proportionally according his tenure. (5) the Board of Directors stopped due to his tenure runs out, and was not reappointed, in addition to the assigned/Charter Award, given severance money amounting to seven times salary and benefits received in the last month of the service of devotion and money in accordance with the capabilities of PD Pasar Jaya Pakuan. Article 33 the longest 3 (three) months before the term of Office of Directors ends, the Supervisory Board of Directors candidates to propose already Mayor. http://www.bphn.go.id/71 Article 34 (1) the Mayor appoint Incumbent (PLT), if the Board of directors be dismissed before his term ends. (2) the appointment of Acting (PLT) set with the decision of the Mayor for a term of not longer than three (3) months. The fourth part of the organizational structure and governance Work PD Pasar Jaya Pakuan Article 35 organizational structure and governance work PD Pasar Jaya Pakuan, is governed by the Mayor in accordance with legislation. The fifth part of adoption, rights, social security and Employee technical Provisions 36 Article regarding the appointment, dismissal, and the transfer of employees referred to in Article 25 the letter a is governed by the regulations of the company in accordance with the legislation. Article 37 (1) every employee is entitled to base salary, allowances, and allowance income-other income which is valid in accordance with rank, type of work, and responsibility. (2) the salaries and revenue officer assigned with the decision of the Board of Directors on the basis of Budget revenues and Expenditures of the company in accordance with the Regional legislation in the field of LOCAL GOVERNMENT. Article 38 (1) every employee is entitled to social security. (2) social security referred to in subsection (1) is carried out in accordance with the legislation. http://www.bphn.go.id/72 CHAPTER VIII WORK PLAN and BUDGET Article 39 within the period of 3 (three) years since the enactment of the regulation of Board of Directors PD Pasar Jaya Pakuan mandatory work drafting plans for 20 (twenty) annual company. Article 40 (1) each year at the latest 1 (one) month before the fiscal year end, the Board of Directors delivered the Annual work plan and budget of income and Expenditure to the PD Pasar Jaya Pakuan Mayor through Agency Supervisors to get the endorsement. (2) any change in the annual work plan and budget revenues and Expenditures PD Pasar Jaya Pakuan happened in the fiscal year concerned must obtain the endorsement of the Mayor. Article 41 the amount of all fees the Board of Directors for earnings, earnings, earnings Supervisory employees, and other labor costs should not exceed 40% (forty-perseratus) of the total cost based on the realization of the company's previous fiscal year's budget. CHAPTER IX YEAR BOOK and ANNUAL CALCULATION of article 42 (1) fiscal year PD Pasar Jaya Pakuan set from 1 January up to 31 December. (2) no later than within 3 (three) months after the fiscal year end, the Board of Directors deliver annual calculations consist of the balance sheet and profit/loss calculation to the Mayor through the Agency Supervisor for endorsement. (3) the Board of Directors is obligated to submit annual reports on the development efforts of PD Pasar Jaya Pakuan to the Mayor through the Agency's Watchdog. http://www.bphn.go.id/


73 (4) of the Board of Directors is obliged to announce the balance sheets and profit/loss calculation annual has been endorsed by the Mayor. (5) the Mayor must attach to the annual report on the development efforts of PD Pasar Jaya Pakuan, in the form of a balance sheet, financial statements, and annual profit/loss calculations already audited in accordance with the regulations on Accountability Information Report (LKPJ) the Mayor and report accountability the implementation of BUDGETS. CHAPTER X the DETERMINATION and USAGE of NET PROFIT of article 43 (1) the use of net profit of PD Pasar Jaya Pakuan after income tax cut and the Division is defined as follows: a. part of the profits to local governments amounted to 55% (fifty-five perseratus); b. the general reserve of 10% (ten perseratus); c. backup goal of 15% (fifteen perseratus); d. Social Fund, education and old age allowance of 10% (ten perseratus); e. production service of 10% (ten perseratus). (2) part of the profits to the local authorities as referred to in paragraph (1) letter a as Original Income area (PAD) budgeted in the next fiscal year BUDGETS. (3) General Reserves as referred to in paragraph (1) letter b used to hold things and events are unpredictable, that its use is based on the approval of the Supervisory Bodies. (4) if the purpose of the general reserve is already tecapai, the Board of Directors can propose diverting the use of profits to reserve over the approval of the Supervisory Bodies. (5) the transfer of the use of the profits referred to in subsection (4) is governed by the Mayor. http://www.bphn.go.id/74 (6) Backup destination as referred to in paragraph (2) Letter c formed to achieve specific objectives such as backup, reserve expansion, renewal of the reserve for foreign exchange reserves to pay off debt, bonds, reserves for insurance own risk and so forth, that its use is based on the approval of the Supervisory Bodies. (7) the use of the Social Fund and education referred to in subsection (1) the letter d is used for the benefit of employees of the company, among others, to heighten the quality of health care and improvement of human resources, which its usage is governed by the Board of Directors upon approval of the Supervisory Bodies. (8) production service referred to in subsection (1) the letter e is used to reward directors, supervisors, and employees of the agency that the adjustment is set by the Board of Directors with consideration of the Agency's Watchdog. Article 44 Each reserve held PD Pasar Jaya Pakuan, as stipulated in article 43 paragraph (1) should be clear and evident in the balance sheet of financial statements. CHAPTER XI COOPERATION and LOANS Section 45 (1) PD Pasar Jaya Pakuan can have cooperation with third parties. (2) cooperation with third parties as referred to in subsection (1) done after the approval of the Mayor. (3) supervision of the public against the implementation of the cooperation efforts with third parties carried out by the mayor or officials who slighted. Article 46 PD Pasar Jaya Pakuan can do a loan for business development or investment in accordance with the legislation. http://www.bphn.go.id/75 CHAPTERS XII and OVERSIGHT RESPONSIBILITIES and INDEMNIFICATION Part First Supervision Article 47 (1) the supervision against PD Pasar Jaya Pakuan executed by: a. the mayor or appointed officials; b. functional supervisor. (2) Supervision as referred to in paragraph (1) was carried out in accordance with the legislation. The second part of liability and Indemnification of article 48 (1) All employees of PD Pasar Jaya Pakuan including Directors are obliged to indemnify in actions/deeds or dereliction of duty to the detriment of PD Pasar Jaya Pakuan. (2) the implementation of the demands of compensation as referred to in paragraph (1) was carried out in accordance with the legislation. CHAPTER XIII the DISSOLUTION of Article 49 (1) the dissolution of the PD Pasar Jaya Pakuan set by local regulations. (2) prior to the execution of dissolution of PD Pasar Jaya Pakuan, the Mayor formed a Committee for the dissolution of the company. (3) in the event of dissolution referred to in subsection (1), financial obligations are paid from the property Market Jaya Pakuan PD. http://www.bphn.go.id/76 (4) of the Committee for the dissolution of the Regional Companies as referred to in paragraph (2) deliver the accountability the dissolution to the Mayor. (5) local regulations as referred to in paragraph (1) contains, among others, include the company's assets settlement mechanism was dissolved. CHAPTER XIV TRANSITIONAL PROVISIONS article 50 (1) before the stewardship of PD Pasar Jaya Pakuan, the Mayor pointed to certain civil servants to run the market management will enter into the PD Pasar Jaya Pakuan, with the requirements as stated in article 9 paragraph (3). (2) the appointment of a civil servant as referred to in paragraph (1) as Director for a period of not longer than 1 (one) year. Article 51 the rationalization of regional and municipal employees against ownership place of trade contained in the markets belonging to the local government that enters into the PD Pasar Jaya Pakuan done gradually longest 2 (two) years. Article 52 of the agreement and cooperation with third parties who have been made before the promulgation of this area, Regulations stated remains valid until the time of the agreement and cooperation referred to an end. Article 53 to carry out delivery of the assets referred to in article 5 paragraph (6), rationalization of employees, and proprietary trading place as stipulated in article 51, the formation of a caretaker PD Pasar Jaya Pakuan, at the time of the enactment of this area, Regulations and implement everything to do with the transition of the market of local Government to the PD Pasar Jaya Pakuan, the Mayor can form a work team. http://www.bphn.go.id/77 Article 54 Before the establishment of tariff services PD Pasar Jaya Pakuan, in the local government market location managed by PD Pasar Jaya Pakuan applicable provisions on levy of organizing market, levies, parking and levy persampahan/hygiene. Article 55 All regulations that have been set before the establishment of the regulation of this area, still remain in force throughout the Regulation does not conflict with this area. CHAPTER XV CLOSING PROVISIONS Article 56 things that have not been provided for in the regulation of this area is all about the technical implementation is governed by the Mayor. Article 57 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 of the regional city of Bogor. Set in Bogor on July 7, 2009 the MAYOR of BOGOR, ttd DIANI BUDIARTO Enacted in Bogor on July 7, 2009, SECRETARY of the REGIONAL CITY of BOGOR, ttd BAMBANG GUNAWAN S. REGIONAL BOGOR CITY GAZETTE in 2009 number 1 SERIES D 78 http://www.bphn.go.id/EXPLANATION of APPLICABLE LOCAL BOGOR CITY number 4 in 2009 ABOUT the COMPANY'S MARKET AREA PAKUAN JAYA i. GENERAL With the enactment of Act No. 32 of 2004 on local governance, that autonomous region in local governance is required to be able to provide a service to the community and strives to achieve in the financing of development. These conditions are very poor areas that affect natural resources, so that the phenomenon occurs the original Area to increase revenues (PAD) through various types of levy/tax areas, will eventually be burdening citizens. As the phenomenon of anticipation steps, through the change of paradigm of the apparatus of Government that have a soul kepengusahaan (Entrepreneurial Bureaucrats) can be dug to improve the income of the business potential of the original area (PAD) by not burdening the people. As an autonomous region, the regional Companies are expected to play a role in encouraging the growth of the Regional Economy (agent of development) and as one of the Area's original source of revenue (PAD), the regional Companies also are required to have the position and may play a role as it should without leaving a social function, especially in an attempt to embody the image of Bogor City Services. In order to achieve the expected role, both for regional economic growth as well as increased income of the original area, Company management pattern of the area should be directed at the achievement of efficiency, effectiveness, and productivity of work and efforts on the optimization of resources and funding sources. http://www.bphn.go.id/79 Goals to be achieved through the establishment of Local "Markets Jaya Pakuan" are: 1. to improve services and infrastructure needs of a market that is comfortable, clean, and orderly; 2. push the economy of the region; 3. support the development of the region; 4. improve the professionalism and efficiency of the management of the market; 5. increase the revenue of the original area. The target of the Market area of company formation "Jaya Pakuan": 1. terjaminya the flexibility of the perpetrator's efforts, one of which is the existence of a clear separation between the regulatory agency with the agency that did the operations; 2. consistency of the long-term business development; 3. consistency of services trade; 4. operating as a profit-oriented company with did not rule out on community service in a safe, comfortable, productive; 5. public service company became financially independent; 6. construction of the businessmen in the market of Jaya Pakuan PD; 7. the creation of a smooth distribution of goods and services. II. The SAKE ARTICLE ARTICLE article 1: sufficiently clear chapter 2: sufficiently clear chapter 3: sufficiently clear chapter 4: sufficiently clear http://www.bphn.go.id/


80 article 5 paragraph (1): sufficiently clear paragraph (2): the definition of the basic capital is capital that is established as the capital investment of local government Area to the company at the time the regulation area is set. Paragraph (3): is an asset in this Area is the Regulation of the land and Building markets that include: Extensive Description Value ($) market Bogor Bogor Land Plaza Building new markets the Bogor Land 7,320.00 m 2 building area 21,678.50 m 2 7,387.00 m2 26,232.00 m2 land area of Medeka Market 4,058,490,000.00 3,628,000,000.00 2,026,440,000.00 1,479,400,000.00 building area 5,985.00 m2 7,340.00 m2 land area Sukasari Market 8,013,915,000.00 5,382,670,000.00 building area 5,450.00 m2 4,702.00 m2 9,402,000,000.00 3,184,400,000.00 Cashew Market Two Built-up land area 6,124.00 m2 3,844.00 m2 5,065,040,000.00 4,612,800,000.00 Kebon Kembang Market Land Block-block A-B C-D-E 7,161.96 m2 8,752.04 m2 17,250,320,000.00 8,030,530,000.00 http://www.bphn.go.id/81 Building Block Block A-B C-D E-block 10,448.00 m2 28,752.00 m2 12,138.00 m2 16,418,290,000.00 12,713,900,000.00 5,367,320,000.00 Market Rock a land area of 2,495.92 m2 of building area 2,778.72 m2 2,446,001,600.00 2,107,196,000.00 market at Likes Land building area 2,168.00 m2 1,282.00 m2 of land Market Devris 400.00 m2 building area 160.00 m2 land area of Orchid Garden Market 859.00 m2 building area 112.00 m2 Market Garden Kencana Land Built-up 104.00 m2 104.00 m2 Market Sempur Kaler 713.00 Built-up land area m2 subsection (4): sufficiently clear paragraph (5): every year the Mayor's Decision about the set with the addition of paid up capital to satisfy the company's basic capital of the region. 82 http://www.bphn.go.id/paragraph (6): sufficiently clear paragraph (7): sufficiently clear paragraph (8): sufficiently clear paragraph (9): sufficiently clear paragraph (10): sufficiently clear Chapter 6 paragraph (1): sufficiently clear paragraph (2): is the other type of business is any business that is concerned with the means, the infrastructure, and the Organization of the market. Article 7: sufficiently clear Chapter 8: sufficiently clear Chapter 9: sufficiently clear Chapter 10: sufficiently clear article 11 paragraph (1) letter a: is pretty clear: the letter b at least allocate 30% (thirty-perseratus) of work time. Letter c: sufficiently clear Letter d: sufficiently clear e. Letters: letter f is quite clear: sufficiently clear paragraph (2): sufficiently clear chapter 12 subsection (1): sufficiently clear http://www.bphn.go.id/83 subsection (2): Berturut–turut or berturut–turut. Paragraph (3): Do the appointment back in Supervisory proven capable of conducting surveillance against the activities of the Board of Directors and provide opinions and advice to the Mayor, so the area was able to increase the performance and service to the community. Article 13: sufficiently clear Chapter 2: sufficiently clear Chapter 3: sufficiently clear Chapter 4: sufficiently clear Chapter 5: sufficiently clear Chapter 6: sufficiently clear Chapter 7: sufficiently clear Chapter 8: sufficiently clear chapter 21: sufficiently clear paragraph (1): sufficiently clear paragraph (2): the definition of the status of staffing is someone who is carrying out duties and responsibilities on government agencies or other agencies. Paragraph (3): sufficiently clear paragraph (4): sufficiently clear Chapter 22: pretty clear http://www.bphn.go.id/84 Article 11 paragraph (1): sufficiently clear paragraph (2): the definition of the exception is something which facilitated the provision of charging members of the Board of Directors at the beginning of the formation of regional Companies. Paragraph (3): sufficiently clear paragraph (4): sufficiently clear paragraph (5): sufficiently clear Chapter 24 the letter (a): sufficiently clear the letter (b): sufficiently clear the letter (c): sufficiently clear the letter (d): the plan of business strategy 5 (five) while the annual term of the Board of Directors for the past four (4) years of this to keep the existence of the continuity of the program of work. Subparagraph (e): sufficiently clear the letter (f): sufficiently clear the letter (g): sufficiently clear Chapter 25: sufficiently clear Chapter 26: sufficiently clear Chapter 27: sufficiently clear Chapter 28: sufficiently clear Chapter 29: sufficiently clear Paragraph 85 http://www.bphn.go.id/article 30 (1): sufficiently clear paragraph (2): examination results to the Board of Directors submitted to the Supervisory Agency directly by the Mayor and the longest 7 (seven) working days after receiving such reports Already, the Mayor must issue a decision on the dismissal of the Director. Article 31: sufficiently clear Chapter 32: sufficiently clear Chapter 33: sufficiently clear Chapter 34: sufficiently clear Chapter 35: sufficiently clear Chapter 36: sufficiently clear Chapter 37: sufficiently clear Chapter 38: sufficiently clear Chapter 39: sufficiently clear Chapter 40: is the Annual work plan and budget of revenue and Expenditure of the regional Companies are planning activities or work programs for 1 (one) year ahead and business activities as well as the annual financial report of the Company. Article 41: sufficiently clear Chapter 42: sufficiently clear Chapter 43: sufficiently clear ANCILLARY AREAS SHEET 86 http://www.bphn.go.id/BOGOR CITY NUMBER 23 Article 44: sufficiently clear Chapter 45: sufficiently clear Chapter 46: sufficiently clear Chapter 47: sufficiently clear Chapter 48: sufficiently clear Chapter 49: sufficiently clear Chapter 50: sufficiently clear Chapter 51: sufficiently clear Chapter 52: sufficiently clear Chapter 53: sufficiently clear Chapter 54 : Sufficiently clear Chapter 55: sufficiently clear Chapter 56: sufficiently clear Chapter 57: sufficiently clear http://www.bphn.go.id/87 http://www.bphn.go.id/