Local Regulations No. 2 Of 2009

Original Language Title: Peraturan Daerah Nomor 2 Tahun 2009

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Draft 1 SHEET AREA GARUT LD. 2 2009 R APPLICABLE LOCAL GARUT number 2 in 2009 ABOUT the MANAGEMENT of the MARKET in GARUT with the GRACE of GOD ALMIGHTY the REGENT of GARUT, Considering: a. that in order to improve the quality of facilities and infrastructure supporting the Organization of the market so created synergy between modern and traditional market market as well as in line with the development of the economy and the increasing needs of government services to the community in the management of the market in Garut , then the need for arrangements in the management of the market; b. that for that purpose the letter a above, need to set local regulations on managing the market in Garut. http://www.bphn.go.id/LD. 2 2009 No. 2 2 Remember: 1. Act No. 14 of 1950 on the establishment of County areas In West Java Environment (State news in 1950); 2. Law No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 3. Act No. 1 of 1987 about the Chamber of Commerce and industry (State Gazette of the Republic of Indonesia No. 8 of 1987, an additional Sheet of the Republic of Indonesia Number 3349); 4. Act No. 18 of 1997 on Tax and regional Levies region (State Gazette of the Republic of Indonesia Number 41 in 1997, an additional Sheet of the Republic of Indonesia Number 3685) as amended by Act No. 34 of 2000 on changes to the Act No. 18 of 1997 on Tax and regional Levies region (State Gazette of the Republic of Indonesia Number 246 in 2000, an additional Sheet of the Republic of Indonesia Number 4048); 5. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674); 6. Act No. 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); http://www.bphn.go.id/LD. 2 2009 No. 2 3 7. 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); 8. 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 3821); 9. Act No. 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia Number 78 in 1999, an additional Sheet of the Republic of Indonesia Number 3854) as amended by Act No. 20 of 2001 about a change in the Law Number 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia Number 134 in 2001, an additional Sheet of the Republic of Indonesia Number 4150); 10. 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 4389); 11. Act No. 25 of 2004 about National Development Planning System (State Gazette of the Republic of Indonesia Number 104 in 2004, an additional Sheet of the Republic of Indonesia Number 4421); http://www.bphn.go.id/LD. 2 2009 No. 2 4 12. 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 has been modified 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); 13. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and local governments (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 14. Act No. 38 of 2004 concerning road (State Gazette of the Republic of Indonesia Number 132 in 2004, an additional Sheet of the Republic of Indonesia Number 4444); 15. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 16. Government Regulation Number 27 in 1983 on the implementation of law No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 36 in 1983, an additional Sheet of the Republic of Indonesia Number 1136); 17. Government Regulation Number 66 in 2001 about Retribution area (State Gazette Number 119 in 2001, additional State Gazette Number 4139); http://www.bphn.go.id/LD. 2 2009 No. 2 5 18. 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); 19. 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); 20. 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); 21. Presidential regulation Number 112 in 2007 about the arrangement and construction of traditional markets, shopping centers and Modern Stores. 22. 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; 23. Regulation of the Minister of Home Affairs number 17 in 2007 about the technical guidelines management of Goods belonging to the region; 24. The decision of the Minister of industry and trade of the number 23/MPP/Kep/2/1998 regarding the institutions trading business; http://www.bphn.go.id/LD. 2 2009 No. 2 6 25. Regulations Area Counties Regencies Arrowroot number 1 of 1986 on the designation of Investigator civil servant at the District Government Environment Regencies Garut who did the Investigation Against violation of local regulations that contain provisions of a criminal (Garut Region Gazette 1986 # 5); 26. Applicable local Garut number 4 in 2006 about the guidelines of the formation of Regional Regulations (Gazette area of Garut 2006 number 7), as amended by Regional Regulation Garut number 11 Year 2008 about Bylaw changes to the area of Garut number 4 in 2006 about the guidelines of the formation of Regional Regulations (Gazette area of Garut in 2008 number 22); 27. Local regulations Garut number 14 in 2008 about the Government Affairs area of Garut (Garut Region Gazette year 2008 Number 27); 28. Local regulations Garut Number 23 in 2008 about the formation and Organization of the Regional Office of Garut (Garut Region Gazette year 2008 Number 38). With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared GARUT REGENT of GARUT and http://www.bphn.go.id/LD. 2 2009 No. 2 7 DECIDED: setting: LOCAL REGULATIONS on MANAGING the MARKET in GARUT. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area is meant by: 1. is the Garut Regency. 2. County Government is the Regent and the region as organizer of local governance. 3. The Regent was Regent of Garut. 4. Representatives of the regional PARLIAMENT is hereinafter referred to as the House of representatives District of Garut. 5. the Office is of the following: the management of the market. 6. the head of Department is the head of Department who has the basic tasks and functions in the management of the market. 7. the designated Official is employees who are given specific tasks in the field regional levies in accordance with the laws-invitation. 8. cash is Cash Garut Region. 9. The Agency is a group of people and/or capital which is the unity of both doing business and not doing business that includes limited liability company, the company komanditer, the company's other State-owned enterprises or areas by name and in any form, the firm, the sharing, cooperative, Association, Foundation, organization of social and political organization of the masses, or similar organization, institutions, pension funds, a business form remains, as well as other forms of business entities. http://www.bphn.go.id/


LD. 2 2009 No. 2 8 10. The market is a buy and sell goods with the amount the seller more than a well known as a shopping center, traditional market, shops, mall, Plaza, Center of trade or other designations. 11. The traditional market is a market that is built and maintained by the Government, local government, private, State-owned enterprises and areas including cooperation with private businesses to form a shop, kiosk, los and tents owned/managed by small traders, medium, NGOs or cooperatives with small-scale venture capital, small and with the process of buying and selling merchandise through bargaining. 12. Type A Market is a market that its position in the capital of the Regency of jualannya type. 13. Type B Market is a market that its position in the capital of the subdistrict of jualannya kind of sketchy. 14. Modern market is a market that is built and maintained by the Government, local government, private, State-owned enterprises and business entities Owned or cooperative Areas in the form of a mall, supermarket, department store and shopping centre, where management has implemented modern and give priority to the service of convenience shopping with management are on one hand, relatively strong capitalization and equipped the price tag to be sure, as mentioned in the decision of the Minister of industry and trade Number 420/MPP/Kep/11/1997. 15. The shopping centre is an area consisting of one or several buildings built vertically or horizontally, which is sold or leased to the businessmen or self managed to perform the activities of trade in goods. 16. Modern Stores are stores with self-service systems, selling a variety of goods in retail stores, in the form of supermarkets, department stores, hypermarkets or wholesale in the form perkulakan. 17. the Market is Building all the buildings in the market with whatever form also. http://www.bphn.go.id/LD. 2 2009 No. 2 9 18. The market area is the place or area to be used as the location of the building and its facilities and infrastructure markets. 19. The place of selling is a place in the market or market-specific page is provided for conducting business activities in the form of shops, kiosks, los/counters and lemprakan. 20. building on the market are Stalls that roof and separated from each other by a dividing wall starting from the floor up to the ceiling to be used for a business of selling. 21. i.e. class I Stall stall overlooking a highway-2 (two) or 1 (one). 22. class II Kiosk namely kiosks that overlook the alley that is in the market of Poker 2 (two) or 1 (one). 23. Kiosk class III i.e. kiosks that overlook the alley that is in the market of Poker 2 (two) or 1 (one). 24. Los is a building in the shape of an elongated building market environment without fitted wall. 25. Lemprakan is a place in the market or market-specific page is provided with the use of time management. 26. Market Page is part of the market that there is no building that used to support the activities of trade. 27. the seller is a place in the market or market-specific page is provided for conducting business activities in the form of shops, kiosks, los/counters and lemprakan. 28. The management of the market is managing directly against the local government-owned market and indirect management in the form of coaching, supervision and control of the modern market. 29. The merchant is a private person or entity that performs the activities of buying and selling goods and/or services either directly or indirectly. http://www.bphn.go.id/LD. 2 2009 No. 2 10 30. Trader is a trader in the market continuously and individual location belongs to the local government and the use of the site by the traders concerned have obtained permits from the local government. 31. The consumer is every one user of goods and/or services available in the community, both for the benefit of themselves, their families, other people or other living things and not to be traded. 32. The stuff is any object, whether tangible or intangible, movable or immovable good which can be traded, worn, used or exploited by consumers or businessmen. 33. Services are any services in the form of work or achievement that is traded within the community to be utilized by the customer or the businessmen. 34. Arterial road is a public road that serves the main transport serving with long-distance travel, the average speed is high and the number of driveways restricted in Sepik. 35. the Collector Road is a public road that serves the collecting or transport serving the dividers with the trip distance, average speed and number of driveways are restricted. 36. Local roads are public roads that serve serve local transportation with close-range travel, average speed is low and the number of driveways are not restricted. 37. The way the environment is a public road that serves serve environmental transport with travel a short distance and average speed is low. 38. the primary road network System is a system of road network with the role of the Ministry for the distribution of goods and services for the development of all regions at the national level, by connecting all the nodes that form of distribution service centers of activity. 39. the secondary road network System is a system of road network with the role of the Ministry for the distribution of goods and services to the community in urban areas. http://www.bphn.go.id/LD. 2 2009 No. 2 11 40. Levy levy is Market area as payment for service facilities, traditional market/simple form of stall-run local governments and specifically provided to the merchant. 41. The compulsory Levy is a private person or entity according to the laws and regulations required to make a payment levy levy including voting or withholding certain retribution. 42. Levy Period is a period of time which is the time limit for the Compulsory Levy for utilising the facilities services market. 43. Letter of registration of objects of Retribution in the next area, which can be abbreviated as SPdORD, is a letter used by a compulsory Levy to report the data Object and compulsory Levy Levy as the basis of calculation and payment of the levy owed according to the regulations levy area. 44. Letter of the statutes of the regional Government, which further can be abbreviated SKRD is the letter that specifies the magnitude of the levy Ordinance staple retribution. 45. Letter of the Ordinance Levies an additional pay-Less Areas, which further can be abbreviated as SKRDKBT, is a letter of the statutes that define the additional levy over the amount of the levy has been set. 46. Regional Levies Ordinance Letters More pay, which further can be abbreviated as SKRDLB, is a letter of the Ordinance levies which determine the amount of the excess payment of levies due to the amount of levy credit greater than the levy owed or not should be payable. 47. Regional Levies Bill Letters, which can further abbreviated STRD, is a letter to do Bill levy and/or administrative sanction in the form of interest and/or a fine. 48. An objection decision letter is a letter decision on objections to SKRD or other documents used interchangeably, SKRDKBT and SKRDLB submitted by compulsory levy. http://www.bphn.go.id/LD. 2 2009 No. 2 12 49. The examination is a series of activities to search for, collect and process data and/or other information in connection with the fulfillment of obligations compliance supervision levy and for other purposes in order to carry out the provisions of the regulations levy area. 50. the investigation of criminal acts in the field of retribution is a series of actions taken by the investigator civil servant who then called Investigators, to search for and collect the evidence with the evidence it makes light of the criminal acts in the field of retribution happening as well as finding should suspect. 51. The investigator civil servant who in 1988, hereinafter referred to is the particular civil servant Officials in the local government environment which was given the authority and responsibility to conduct the investigation against the holding of local regulations that contain provisions of a criminal. CHAPTER II SCOPE article 2 MARKET MANAGEMENT scope management market include: a. the management of traditional markets; and b. management of the modern market. Article 3 the traditional market as referred to in article 2 letter a, comprising: a. Market who are in the county seat; b. market in the capital of the subdistrict; and c. the village Market. Article 4 (1) of the modern Market as referred to in article 2, letter b include: http://www.bphn.go.id/LD. 2 2009 No. 2 13 a. shopping center; and b. a modern store. (2) the shopping centre as referred to in paragraph (1) letter a, include the following: a. the shops; b. the mall; c. Plaza; and d. the Trade Center. (3) the modern Stores as referred to in paragraph (1) letter b, comprising: a. a minimart; b. supermarket; c. hypermarket; d. the department store; and e. perkulakan. CHAPTER III AUTHORIZES the HOLDING of the first part of the market, traditional market article 5 (1) the Organization of the market in the capital district and subdistrict as stipulated in article 3 letter a and letter b is the authority of County Government. (2) the Organization of the village market as stipulated in article 3 of the letter c represents the authority of the Government of the village. http://www.bphn.go.id/


LD. 2 2009 No. 2 14 second part of Modern Market article 6 of organization of modern market as referred to in article 4 may be exercised by the Government, local government, private, State-owned enterprises and Regional-owned enterprises or Cooperatives. CHAPTER IV the ESTABLISHMENT of the first part of the market, traditional market article 7 (1) the location of the establishment of traditional markets is obligated to refer to Spatial Plan area (RTRW), and Detailed Spatial Plans (RDTR) Garut, including regulation zonasinya. (2) the establishment of traditional markets are obliged to fulfill the following conditions: a. taking into account the socio-economic condition of society and the existence of traditional markets, shopping centers and modern stores as well as small enterprises, including cooperatives existing in the area concerned; b. provide a parking area at least as wide as the parking needs of one (1) fruit of the four-wheeled vehicles for every 100 m2 (one hundred square metres) floor area sales of traditional markets; and c. provide facilities that ensure clean, traditional market, healthy (hygienic), secure, orderly and comfortable public spaces. (3) provision of parking area referred to in paragraph (2) letter b can be done on the basis of cooperation between traditional market manager with other parties. http://www.bphn.go.id/LD. 2 2009 No. 2 15 (4) traditional markets can be located on any road network system, including local road network or system path environment in the area of service or local county part or environments (housing) within the County. The second part of the Modern market of article 8 (1) the location of the establishment of shopping centers and modern stores mandatory refers to Spatial Plan area (RTRW) and Detailed Spatial Plans (RDTR) Garut, including regulation zonasinya. (2) Limitation of the modern store sales floor area, are as follows: a. the minimart, less than 400 m2 (four hundred meters per facet); b. supermarket, 400 m2 (four hundred meters per facet) up to 5,000 m2 (five thousand meters per facet); c. hypermarket, over 5,000 m2 (five thousand meters per facet); d. the department Store, on top of 400 m2 (four hundred meters per facet); e. perkulakan, over 5,000 m2 (five thousand meters per facet). (3) sales system and the type of merchandise modern shops are as follows: a.-markets, supermarkets and hypermarkets selling in retail consumer goods especially food products and other household products; b. department stores sell in retail consumer goods products primarily clothing and accessories with the arrangement of goods on the basis of gender and/or age level consumers; and c. perkulakan are selling in wholesale of consumer goods. Article 9 (1) the establishment of shopping centers and modern stores mandatory: http://www.bphn.go.id/LD. 2 2009 No. 2 16 a. takes into account the socio-economic condition of the community, the existence of traditional markets, small and medium-sized businesses that are in the area concerned; b. notice the distance between hypermarkets with a traditional market that has existed previously; c. provide parking area at least as wide as the parking needs of 1 (one) unit of four-wheeled vehicles for every 60 sqm (sixty meters per facet) sales floor area shopping centers and/or modern stores; and d. provide facilities that guarantee the shopping centers and modern stores clean, healthy (hygienic), secure, orderly and comfortable public spaces. (2) provision of parking area referred to in subsection (1) the letter c can be done based on cooperation between managers of shopping centers and/or modern store with other parties. Article 10 (1) Perkulakan should only be located on the arterial road network system access or primary or secondary arterial collector. (2) Hypermarkets and shopping centers: a. should only be located on the arterial road network system access or collector; and b. should not be on a local service district or neighborhood in the city/urban areas. (3) Supermarket and department store: a. may not be located on the system environment of the road network; and b. may not be in the area of environmental services in the city/urban areas. (4) the Minimarket can be located on any road network system, including a road network system in the area of the Environment Ministry of the environment (housing) within cities/urban areas. http://www.bphn.go.id/LD. 2 2009 No. 2 17 Chapter V LICENSING MARKET article 11 (1) to conduct business in traditional markets, shopping centers and modern stores, obligated: a. business license management of traditional market (IUP2T) for traditional markets; b. business license shopping center (IUPP) for stores, malls, plazas and commercial centres; and c. Modern Store business license (IUTM) for stores, supermarkets, department stores, hypermarkets and perkulakan. (2) the IUTM for minimart take precedence for the perpetrators of the small and medium local businesses. (3) Permit doing business as referred to in subsection (1) is published by Regent. Article 12 Request IUP2T, IUPP IUTM and equipped with: a. the feasibility study includes analysis of the environmental impacts, particularly social aspect of culture and its impact for the local retail traffickers; and b. the partnership plans with small businesses. Section 13 of the Ordinance permitting Guidelines referred to in article 11, is governed more by the rules of Regent. http://www.bphn.go.id/LD. 2 2009 No. 2 18 CHAPTER VI MARKET TRADITIONAL COUNTY GOVERNMENT first section Market Classification of article 14 (1) traditional markets the Government District is divided into 2 (two) classification, namely as follows: a. Type A; and b. Type B Market. (2) the determination of the classification of the market as referred to in paragraph (1) are governed further by a decision of the Regent. The second part of article 15 of the Ownership Status of the Setup (1) local government is obliged to do the Setup to the status and proof of ownership of traditional market District Government. (2) the arrangement referred to in subsection (1) is carried out in accordance with the provisions governing the management of belongings of the region. The third part of the development and management of article 16 the construction and management of the market could be held by the County Government, the private sector and cooperatives with based on the provisions of the applicable legislation. http://www.bphn.go.id/LD. 2 2009 No. 2 19 article 17 (1) a designated officer or the Governors can put specialized markets in a particular place which is the place to sell certain items. (2) the Governors or officials designated governs the placement of merchandise in the market according to its kind, thus guaranteeing public order, security, hygiene and beauty market. The fourth part the standardization of article 18 (1) in addition to the obligations referred to in article 7 paragraph (1) and paragraph (2), the building required to have the traditional markets and infrastructure markets that include: a. stall or stall; b. main streets and alleys; c. drain water; d. bak landfill (TPS) while supporting other hygiene facilities; e. the Office market and other supporting/means; f. the toilet; g. mosque; h. provision of clean water; i. page loading and unloading merchandise and parking; j. provision of electrical installation in kiosks/los and in the public market facilities; k. hydran and fire extinguishers; b. postal security markets; d. place tera birthday; n. garden greening/open green space; o. installation management of wastewater and garbage; http://www.bphn.go.id/LD. 2 2009 No. 2 20 p. Information Centre; and q. public street lighting (PJU). (2) every building or limit market marks a clear demarcation with the surrounding buildings. Part five-card Sign trade and Permits placement of Kiosk/Los article 19 (1) in the framework of monitoring and control as well as an order to trade in the market, each person or entity who trade on a permanent basis in the market has obliged the traditional Card Sign trade and Permits placement of Kiosk/Los from Regent or officer appointed. (2) Trade Mark Card referred to in subsection (1) consists of 5 (five) types with the following details: a. A card, to which occupies a kiosk; b. card B, for which los/counter; c. Card C, to which occupies a tent/lemprakan; d. Card A2, for pengontrak kiosk; and e. Card B2, for los pengontrak. (3) trade and Sign Card Permits placement of Kiosk/Stall referred to in subsection (1), valid for a period of 1 (one) year and extendable mandatory at the latest 1 (one) month before it expires. (4) trade and Sign Card Permits placement of Kiosk/Stall referred to in subsection (1) is not transferable without the consent of the Governors or Officials appointed. Article 20 (1) in case of transfer of ownership rights, then the new owner is obligated to perform a reverse name ownership. http://www.bphn.go.id/


LD. 2 2009 No. 2 21 (2) behind the name referred to in subsection (1) must be made the longest of three (3) months after the transfer of rights. (3) if within the period referred to in subsection (2), the new owners didn't implement reverse name ownership, then penalized form of revocation of right of ownership. Article 21 application for Licence and Trading Card placement of Kiosk/Los conveyed in writing by including requirements: a. Population Sign Card (ID CARD); b. family card (KK); c. Utilization Rights Certificate Places Selling; d. a letter tenancy agreement for the person or entity that utilizes the place by selling through a lease; and e. There should be a recommendation from the head UNIT. The sixth part of the obligation and the prohibition of section 22 (1) every person or entity that uses a traditional market selling in place belongs to the County Government are obliged to comply with the following conditions: a. the use of places selling in accordance with its functions; b. the type of goods being traded must match the type specified in the card trade and Sign Permits placement of Kiosk/Stall; c. set the placement of the goods in order that looks neat and does not harm public safety and does not exceed the limits of the places selling that became his due; d. maintain the cleanliness and safety of place of selling and the surrounding places; e. meet payment obligations and other retribution; http://www.bphn.go.id/LD. 2 2009 No. 2 22 f. prevent the possibility of the outbreak of fire hazard; g. usage fee pay electricity, water and other facilities in accordance with the legislation in force. (2) every person or entity that uses a traditional market selling in place belongs to District Government prohibited: a. the selling as a place of residence, or stay overnight at the market; b. soiling spot/building market or market inventory items; c. use the place of selling in the market is not in accordance with the allocation; d. build kiosks, los lemprakan or in a place other than those established by the County Government; e. Add, subtract and/or change the form of the construction building kiosks, los existing; f. bring or store a vehicle either a motor vehicle or motor not in hallways or into the market, except in places specially provided for the parking of the vehicle in the market; g. selling liquor, kerosene, gasoline, diesel oil, firecrackers, explosives and/or other type of goods contrary to any applicable laws and regulations; h. vacate or abandon stall, los existing and use it to store the merchandise in a long time (the warehouse); and i. trade in place of selling government-owned area to anyone without written consent of Governors or other officials who are appointed. http://www.bphn.go.id/LD. 2 2009 No. 2 23 the seventh part of the Revocation and withdrawal Rights Article 23 (1) The cardholder Sign trade and Permits placement of Kiosk/Stall in traditional markets belong to local governments would be deprived of its rights if it violates the provisions referred to in article 19 paragraph (4) and section 22 subsection (1) and (2). (2) the holder of the right to leave or vacate a spot trade and pay no levies or other appropriate regulatory obligations are valid for 3 (three) consecutive months without a clear description, could be stripped of the right to occupy the place of selling and closing by Regent. (3) the holder of a right that had been stripped of its rights, mandatory clearing the place of selling and submit to the Regent within at least thirty (30) days from the issuance of the letter of revocation rights. Article 24 Repeal and the transfer of rights or utilization of places selling as referred to in article 23, may be followed up with a transfer of rights directly to the other party by the Regent. CHAPTER VII the CONSTRUCTION MARKET SUPERVISION and Article 25 (1) a County Government in accordance with the field of duty do coaching and supervision towards traditional markets, shopping centers and modern stores. (2) in the framework of the construction of traditional markets, County Government: a. seek alternative sources of funding for the empowerment of traditional markets in accordance with the applicable legislation; http://www.bphn.go.id/LD. 2 2009 No. 2 24 b. increase the competence of traditional market traders and managers; c. Prioritizing opportunities gain business place for traditional merchants that had existed prior to renovation or relocation of traditional markets; and d. evaluate the management of traditional markets. (3) in the course of construction of shopping centers and modern stores, the District Government in order to: a. empowering shopping centers and modern stores in fostering traditional markets; and b. oversee the implementation of the partnership as stated in the regulations in this Area. CHAPTER VIII TRADITIONAL MARKET DISTRICT GOVERNMENT LEVIES the first part of the name, the object and the subject of Retribution of article 26 (1) a levy imposed on the basis of market of service provision facilities, traditional market/simple form of stall, los/counter, lemprakan, PUBLIC CONVENIENCES, cleanliness, security, perparkiran, and other forms which are managed by local governments. (2) objects of retribution of markets consists of: a. stall/counter; b. Hood/lemprakan; c. transport of waste to landfill; d. Special parking places in the market; e. unloading merchandise in the market environment. http://www.bphn.go.id/LD. 2 2009 No. 2 25 (3) the subject of Retribution is a private person or entity that acquires the service provision and infrastructure in the area of markets and the provision of facilities for parking and loading and unloading of the goods provided by the local government. The second part of The levy on article 27 (1) a levy on the market are classified as public services levy. (2) Levy a special place parking levy is classified as a service business. The third part of the basic calculation of the levy on Article 28 (1) the magnitude of the levy is based on the market rate of use of the service is calculated based on the type, place and market class are used. (2) the magnitude of the parking levy in market areas based on the level of use of the service is calculated based on the length of time the rental place and the type of vehicle. The fourth part of the principle of the determination of article 29 the principle in the determination of the structure and magnitude of tariff levy is intended to cover the costs of organizing, service and facilities of the market taking into account the ability of the community as well as to obtain a decent profit as a reasonable profit earned by the private sex entrepreneurs operate efficiently and oriented at market price. http://www.bphn.go.id/LD. 2 2009 No. 2 26 Structures Part Fifth and the magnitude of the price of article 30 (1) the structure and size of the tariff based on market services, loading and unloading goods and parking. (2) the structure and the magnitude of the rate referred to in subsection (1) are defined as follows: a. Service TYPE OBJECT TYPE MARKET market rates (Idr) type A 1 2 3/m2/HARI a. Stall 1. class I 2. class II 3. class III 100 90 70 Los b. c. d. 500 500 Yard Hauling rubbish to landfill 200 type B a. Stall 1. class I 2. class II 3. class III 80 70 60 b. Los c. Court 300 300 garbage Hauling d. to landfill http://www.bphn.go.id/LD 200.2 2009 No. 2 27 b. Ministry parking lot 1. Wheeled vehicles four (4): Rp. 1,000.0-2. Wheel vehicle 2 (two): Rp. 500.0-c. Special Parking (unloading goods): Rp. 5,000.0-Voting region of the sixth article 31 Levies owed withheld throughout the region where the provision of the service facilities of the market given. The seventh Part Time Levy and When Levy Payable Article 32 levy of terutangnya Period was the period length of 1 (one) month. Article 33 when the levy is terutangnya at the time of publication or other document SKRD equated. The eighth part of the letter of Registration Article 34 (1) Compulsory Levies obligatory fill SPdORD. (2) SPdORD as referred to in paragraph (1) should be filled with clear, correct and complete by Compulsory Levy or his power. (3) the form, content and procedures for charging and delivery SPdORD as referred to in paragraph (1) established by the Regents. http://www.bphn.go.id/LD. 2 2009 No. 2 28 Ninth part of the determination of the Levy Article 35 (1) based on SPdORD as referred to in article 24 paragraph (1) established a levy payable by publishing SKRD or other documents used interchangeably. (2) if upon inspection results and found new data and/or data that previously have not revealed which led to the addition of the number of levies owed, then issued SKRDKBT. (3) the form, content and procedures for issuing SKRD or other documents used interchangeably referred to in paragraph (1) and SKRDKBT as referred to in paragraph (2) are defined by the Regent. The tenth part of the Voting Procedures of article 36 (2) Eritreans retribution cannot be diborongkan. (2) Levy imposed by using SKRD or other documents used interchangeably and SKRDKBT. (3) the results of the ballot box and cash deposited to levy area. The eleventh section of the payment Procedures of article 37 (1) the payment of levies owed should be repaid at once. (2) a Levy payable repaid the longest 15 (fifteen) days from the publication or other document SKRD equated, SKRDKBT and STRD. http://www.bphn.go.id/


LD. 2 2009 No. 2 29 (3) of the Ordinance the payments, remittance, place of payment of the levy is set by regulation Regent. Part Twelve Billing Procedures of article 38 Levy payable upon SKRD or other equated document, SKRDKBT, STRD and decision letter of Objection which causes the amount of levy payable increases, which are not or less paid for by a compulsory levy can be billed through Officials appointed by the Regents on the basis of the applicable legislation. The thirteenth section of Mind Article 39 (1) Compulsory Levies may file objections to the Regent or only the designated Officials over SKRD or other documents which are used interchangeably. (2) an objection is filed in writing in the language of Indonesia with clear reasons. (3) in the case of compulsory Levy filed objections over the provision of compulsory levies, Levies must be able to prove the untruth of that levy Ordinance. (4) the objection must be filed in writing within 2 (two) months from the date of SKRD published, unless the Mandatory levy on certain time period may indicate that it cannot be fulfilled due to circumstances beyond his control. (5) Objections that do not meet the requirements referred to in subsection (2) and paragraph (3) are not considered letters of objection, so it can't be considered. (6) the filing of an objection does not suspend the obligation of paying the levy and implementation of billing retribution. http://www.bphn.go.id/LD. 2 2009 No. 2 30 Section 40 (1) the Regent or Officer within a period of not longer than 6 (six) months from the date of the letter of Objection received to give decision on objections submitted. (2) the decision of the Regents over the objections can be either entirely or partially accept, reject or add to the magnitude of the levy owed. (3) if the period referred to in subsection (1) has passed and the Regent did not give a decision, an objection filed is considered granted. The fourteenth part Refund Overpayment of article 41 (1) of the excess payment of levy, the compulsory levy may apply for return to the Regent. (2) the Governors within a period of not longer than 6 (six) months from the receipt of the application for payment of the excess levy referred to in subsection (1), must give a decision. (3) if the period referred to in subsection (2) has been exceeded and the Regent did not give a decision, requests for refund of the excess levy deemed granted and SKRDLB must be published within a period of not longer than 1 (one) month. (4) if the Compulsory Levy has other levy debt, excess payment of levy referred to in subsection (1) immediately taken into account to pay off the first debt levy. (5) the refund of the excess payment of the levy referred to in subsection (1) is carried out within a period of not longer than 2 (two) months from the publication of SKRDLB. (6) If a refund of excess payment of retribution done after a period of 2 (two) months, Governor gives in return for an interest rate of 2% (two per hundred) each month over delays in payment of the excess levy. http://www.bphn.go.id/LD. 2 2009 No. 2 31 Article 42 (1) the application for a refund of the excess payment of levy submitted in writing to the Regent with at least mention: a. name and address of the compulsory levy; b. time of retribution; c. the magnitude of overpayment; d. a short and clear reasons. (2) the application for a refund of the excess payment of levy delivered directly or through registered mail. (3) receipt by the Regional Officer or proof of delivery of the registered mail is proof of when the petition is accepted, the Regent. Article 43 (1) a refund of the excess levy performed by publishing a warrant Paying the excess Levy. (2) if the excess payment of levies calculated with debt other levy referred to in article 31 paragraph (4), the payment is made by way of transfer funds and proof of transfer funds is also valid as proof of payment. Expiry of the fifteenth section of article 44 (1) the right to perform billing retribution, expire after beyond a period of three (3) years counted since terutangnya retribution, unless Compulsory Levies do criminal acts in the field of retribution. (2) levy billing Expiry referred to in paragraph (1) tertangguh if: a. published a letter of Reprimand; http://www.bphn.go.id/LD. 2 2009 No. 2 32 b. There is recognition of a debt levy of Mandatory Levies either directly or indirectly. The sixteenth article of the Administrative Sanctions section 45 in the case of compulsory levies do not pay on time or less pay, administrative penalties in the form of an interest rate of 2% (two per hundred) every month from the levy owed or paid and billed using STRD. Seventeenth part of investigation of article 46 (1) of the particular civil servant Officials in the local government environment Garut was authorized as a Special Investigator to conduct the investigation of criminal acts in the field regional levies, as mentioned in the book of the law of criminal procedure in force. (2) the authority of the investigator as referred to in subsection (1) is: a. receive, seek, collect and examine information or reports with regard to criminal acts in the field regional levies so that such reports or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with the criminal acts of retribution region; c. requesting information and evidence from a private person or entity with respect to any criminal offence in the field regional levies; d. examine the books, records and other documents with respect to a criminal offence in the field regional levies; http://www.bphn.go.id/LD. 2 2009 No. 2 33 e. did a shakedown to get 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 criminal acts in the field regional levies; g. sent stop and/or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of the person and/or documents taken as stated on the letter e; h. photographing someone related to the criminal acts of retribution region; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; and k. any other action necessary to the smooth proceedings of criminal acts in the field regional levies lawful responsibility. (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor's Office Police Officials through the Republic of Indonesia, in accordance with the provisions set forth in the book of the law of criminal procedure in force. CHAPTER IX CRIMINAL PROVISIONS Article 47 (1) the trader does not carry out its obligations in accordance with the provisions in the regulation of this area, 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). http://www.bphn.go.id/LD. 2 2009 No. 2 34 (2) of the criminal act referred to in subsection (1) is an offence. CHAPTER X PROVISIONS of TRANSITIONAL Article 48 (1) business license owned shopping centers and modern stores prior to the enactment of Regulations in this Area, used interchangeably with business license shopping center (IUPP) and/or Modern Store business license (IUTM) according to local regulations. (2) Permit the management of traditional markets owned prior to the enactment of the regulation of this area, used interchangeably with business license management of traditional markets (IUP2T) according to local regulations. (3) traditional markets, shopping centers and modern stores that are currently under construction or already completed but not yet have a business license prior to the enactment of Regulations in this Area, be deemed to have fulfilled the requirements and may be given a business license based on the regulation of this area. (4) shopping centers and modern stores that have a location permit has published the local government and have not been built before the entry into force of the regulation of this area, furthermore obliged to comply with the provisions of the Regulations in this Area. (5) shopping centers and modern stores that have been established, operated and not to carry out the program, compulsory implement partnership programs within at least 2 (two) years since the enactment of the regulations in this Area. (6) business cooperation agreement between suppliers with perkulakan, hypermarkets, department stores, supermarkets, and minimarket chain manager that already exist at the time of the enactment of the regulations in this Area, remain valid until the expiry of the agreement. http://www.bphn.go.id/LD. 2 2009 No. 2 35 CHAPTER XI MISCELLANEOUS PROVISIONS Article 49 and COVER things that haven't quite set in the Peraturaan area is all about the technical implementation, will be further regulated by regulation of Regent. Article 50 of the regulation at the time of this area came into force: 1. Applicable local County Regencies Arrowroot number 8 in 1999 about the Retribution of markets (Garut Region Gazette year 2000 number 6); and 2. Article 8 the letter B District Ordinance number 4 Regencies Arrowroot No. 9 of 1999 regarding Levy of service Persampahan/hygiene (Garut Region Gazette year 2000 number 3); revoked and declared inapplicable. http://www.bphn.go.id/


LD. 2 2009 No. 2 36 of article 51 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Garut. Set in Garut on 10 March 2009 B U P A T R A I G U T, t t d ACENG h. m. KEVIN Enacted in Garut on March 13, 2009 SECRETARY GARUT, t d t W O W O W I B O W O GARUT REGION GAZETTE in 2009 number 2 http://www.bphn.go.id/