Local Regulations No. 2 Of 2009

Original Language Title: Peraturan Daerah Nomor 2 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd807f298084aa313634343138.html

Microsoft Word-2 Change Change Change Management Market REGULATION AREAS of TASIKMALAYA number 2 in 2009 ABOUT the CHANGES to the REGULATION of the REGIONAL CITY of TASIKMALAYA NUMBER 28 of 2003 CONCERNING the MANAGEMENT of the MARKET in the TOWN of TASIKMALAYA with the GRACE of GOD ALMIGHTY the MAYOR of TASIKMALAYA, Considering: a. that in order to improve coaching against emerging markets is in the neighborhood of the city of Tasikmalaya in order to provide a service to the community is viewed is need for management of the market; b. that based on considerations as in mean on a letter a above, the need to establish local regulations regarding changes to the Tasikmalaya Regional Regulations Tasikmalaya Number 28 of 2003 concerning the management of the market in the town of Tasikmalaya; Remember: 1. Act 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); 2. 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); 3. Act No. 18 of 1997 on Tax and regional Levies Area as amended by Act No. 34 of 2000 (State Gazette Number 41 in 1997, additional State Gazette Number 3691 jo. 2000 State Gazette Number 245, additional State Gazette Number 4048); 4. 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); 5. 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); 6. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia year 1999-1-http://bphn.go.id/the number 42, an additional Sheet of the Republic of Indonesia Number 3821); 7. Act No. 28 of 1999 about the organizers of a country that is clean and free from corruption, collusion, and Nepotism (State Gazette Number 75 in 1999, an additional Sheet country number 3821); 8. Act No. 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette Number 78 in 1999, an additional Sheet country number 3854) as amended by Act No. 20 of 2001 (State Gazette Number 134 in 2001, an additional State Gazette Number 4150); 9. Act No. 10 of 2001 on the establishment of the town of Tasikmalaya (State Gazette of the Republic of Indonesia Number 86 in 2001, an additional Sheet of the Republic of Indonesia Number 4117); 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. 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); 12. 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); 13. 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); 14. 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); 15. 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); 16. 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); 17. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the provincial Governments and district/city Governments (State Gazette of the Republic of Indonesia Number 38 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); -2-18. Presidential regulation Number 112 in 2007 about the arrangement and construction of traditional market shopping centers and Modern Stores; 19. The Joint Decision of the Minister of industry and trade and the Minister of Home Affairs Number 145/MPP/Kep/5/1997 and number 57 in 1997, about structuring and Construction Markets and shops; 20. Regulation of the Minister of industry and trade Number 420/MPP/Kep/11/1997 on Guidelines and the construction of Markets and shops. 21. The decision of the Minister of industry and trade Number 107/MPP/Kep/2/1988 about the conditions and procedures for Granting business license of the Modern Market. 22. Applicable local Tasikmalaya Number 28 of 2003 concerning the management of the market in the town of Tasikmalaya (Gazette of the regional city of Tasikmalaya of the 2003 Number 28). 23. Applicable local Tasikmalaya No. 8 of 2004 concerning the plan of Spatial Locality Tasikmalaya (Tasikmalaya Regional Gazette in 2004 Numbered 39); Together with the approval of the HOUSE of REPRESENTATIVES and Mayor of TASIKMALAYA CITY AREA TASIKMALAYA DECIDED: setting: LOCAL REGULATIONS ABOUT the CHANGES to the REGULATION of the REGIONAL CITY of TASIKMALAYA NUMBER 28 of 2003 CONCERNING the MANAGEMENT of the MARKET in the TOWN of TASIKMALAYA article I some provisions in the regulations region number 28 of 2003 concerning the management of the market in the town of Tasikmalaya (Gazette of the regional city of Tasikmalaya of the 2003 Number 28) is amended as follows : 1. The provision of article 1 amended, by changing the number 2 and number 8, insert two (2) digits i.e. figures 8A and 8B between numbers 8 and 9, change the numbers 10, insert one (1) digit numbers i.e. 10A between numbers 10 and 11, insert a 6 (six) digit i.e. number 12 A, 12 B, 12 C, 20 D, 12 E and 12 F between the numbers 12 and 13 , insert 3 (number), namely the number 19A between figures 19 and 20, insert three (3) numbers i.e. figures 24A, 24B aircraft and 24C among the numbers 24 and 25 and insert one (1) digit numbers IE 26A among figures 26 and 27 so entirely reads: article 1 in regulation in this Area is: 1. The area is the town of Tasikmalaya. http://bphn.go.id/-3-2. Local Government is the Mayor and the Region as organizer of local governance. 3. The Mayor is the Mayor of Tasikmalaya. 4. the PARLIAMENT is the House of representatives of the regional town of Tasikmalaya. 5. the Department of industry is Service, trade and Cooperative city of Tasikmalaya. 6. the head of Department is head of Department of industry, trade and Cooperatives Tasikmalaya City. 7. the designated Official is an Official of local government authorities surroundings in the field of the management of the market that got the delegation of authority of the Mayor. 8. The market is a buy and sell goods with the amount the seller more than a good known as shopping, traditional markets, shops, malls, commercial centres as well as other designations. 8A. Retail system is or how the sale of certain merchandise items in small quantities/units to the end buyer. 8B. Wholesale is a system or the way the sale of certain merchandise in bulk to the retailer or merchant. 9. Traditional market is a market that is built and maintained by the Government, private, Cooperative or Community based organizations with a place of business in the form of shops, stalls and tents, los, owned/managed by small traders and small and medium enterprises and cooperatives with small-scale businesses and small capital and with the process of buying and selling through bargaining. 10. Modern market is a market which was built by the Government, private or cooperative in the form of malls, hypermarkets, supermarkets, Department stores, and Shopping Centre which management has implemented modern, give priority to service and the convenience of shopping by using the management who are on the one hand, the relatively strong capitalization and equipped a definite price tag. 10A. modern market is small, like a Mini Supermarket/Mini Market/business place is a means to make sales of daily goods in retail direct to the buyer end by means of a self-service floor area less than 400 M2 of his efforts. 11. Market is a market in the Centre of the activities of collecting, auction Center and the center of storage of food materials while for transmitted to other markets. 12. Glosir Market is a market in its activities against the demand and supply of goods or services in large numbers. 12A. Retail traders is an individual or business entity whose activities anyway doing selling merchandise in certain places are settled in small quantities/units directly to the buyer.   -4-http://bphn.go.id/


12B. Street vendors are selling individual items in places and/or time that is not permanent. 12 c. Supply/place of business is an activity is the provision of space/place of business as a means of trade with the capital, entirely from private location is regulated and defined by the local government. 12d. Trade/Trade Centre is the central selling goods clothing, food, daily necessities, household needs, health equipment and others in wholesale and retail and services supported by a fully equipped facility that is owned by an individual or a single legal entity. 12E. Retail stores or complex is a row of shops that are each owned and managed by individuals or legal entities. 12F. Shopping Center stores that are clumped in one area in particular that was built, either vertically or horizontally managed by an individual or legal entity in order to provide easier buyers. 13. The Retail Market is a market place of doing trading business in the small party. 14. Place Selling common is the location or place to sell outside of the market which is not permanently assigned by the Mayor. 15. Common Services are the services provided or administered by the local authorities. 16. The trader is any person or legal entity that performs the activity of offering goods and/or services in the area of the market. 17. Trader is a trader who conduct activities on a regular basis using a place selling permanently in an area of the market and in the market environment. 18. The merchant is not fixed is that traders do not stick with its activities applying trade places are not permanent in the area of market, market environment and places Selling public. 19. The place of Selling is part of building the market either roofed or open used to trade in the form of shops, Stalls and tables. 19A. Outlets is the space used for the trading business. 20. The store is the place to sell restricted permanently and is the most strategic. 21. jongko/Kiosk is a place selling bounded by walls or boards that can be closed/opened. 22. Table is a place of Commerce open roofed or open. 23. Veem is storage of merchandise on the market.   http://bphn.go.id/-5-24. The market area is the land/property/controlled the local Government used the building and facilities markets. 24A. Broadly Effective Business floor area of the building is used for business activity does not include space for warehouse, Office, hallway or other facilities. 24B aircraft. modern market Outlets are Wide spacious rooms that cater for the activity of selling/selling space, not including the area allocated as public services, offices, warehouses, parking lots and preparation room. 24C. Spacious shopping centre is the entire floor area/ruangan which is sold or leased to other parties, including the area intended for the civil service, warehouse, and a parking lot. 25. Market environment is a place around the market used to sell and/or services either in the form of a shop, kiosk/stall, jongko and the like. 26. Place Selling Licences (SITB) is a certificate issued by the Mayor for traders who occupy the place selling that was in the area of the market. 26A. The monopoly agreement is a treaty between two or more merchants that aims to minimize the free competition through the way in which one or more merchants placed on a higher position is associated with the other traders do trading activity or correlated with the buyer. 27. Loading and unloading are activities and raising or lowering loads in the form of merchandise in the area of the market by type of vehicle, a pickup truck, wagon and its kind. 2. Between article 1 and article 2 inserted 2 (two) Article, namely Article 1A and article 1B so entirely reads: Article 1 A Regulation setting the scope of this area include setup, coaching, supervision, and the granting of a business license trade. Article 1 B any trader has a freedom in the conduct of its trade activities with attention to values, ethics, aesthetics, and morality of society in meeting the desires of trying that have an impact on the rights of the community interests, consumer protection and the environment.   http://bphn.go.id/-6-3. Among the CHAPTER II and chapter III inserted two CHAPTERS namely CHAPTER and chapter IIA IIB so entirely reads: CHAPTER IIA CLIMATE TRADE Article 2A (1) local governments guarantee the creation of a climate of healthy trade by providing equal opportunities and support the existence of trying for every trade. (2) local governments set the policies that guarantee the creation of a climate of trade referred to in subsection (1). Article 2B local governments resolve disputes arising due to climate disruption of trade. CHAPTER IIB REGULATORY TRADING ACTIVITY Article 2 c (1) wholesalers are prohibited from selling retail merchandise to consumers; (2) retail traders are prohibited from selling wholesale merchandise to consumers; (3) wholesale and retail traders are obliged to put up the signboard of the main business activities. Article 2D of the retail trade in shopping centers and modern stores, compulsory trade goods with the following conditions: a. the price tag can be observed by the buyer; b. the prices that are listed in the form of rupiah; c. Price pieces are listed along with the price of the goods to pieces before; d. comply with the appropriate registration laws-an invitation; e. meet the health requirements in accordance with the regulations; and f. Provide freedom to the buyer to check the quantity, quality and value of the purchase of the products purchased.   http://bphn.go.id/-7-4. Between CHAPTER VI and Chapter VII is inserted 4 (four) Chapter i.e. CHAPTER VIA, VIB TANKETTES, CHAPTER CHAPTER chapter VIC VID so entirely reads: CHAPTERS VIA a TRADE BUSINESS LICENSE Article 7 A the things related to permitting trade efforts tailored to the prevailing laws and regulations. CHAPTER VIB TANKETTES COACHING and SUPERVISION article 7 B (1) local governments do coaching and supervision of traditional markets and modern markets. (2) in the framework of the construction of the traditional market, local governments do; a. Seek alternative sources of funding for the empowerment of traditional markets in accordance with the applicable legislation; b. increasing the competence of traditional market traders and managers; c. Prioritize the opportunity earn places of business for merchants, traditional market that has prior renovation or relocation of traditional markets; and d. Evaluate the management of traditional markets. (3) in order to the construction of shopping centres and markets of modern local government; a. Empowering shopping centers and modern markets in fostering traditional markets; and b. Oversee implementation of partnerships as referred to in rule this area (4) in the framework of coaching and supervision as referred to in paragraph (1), subsection (2) and paragraph (3) the Mayor can delegate to officials designated CHAPTER VIC PARTNERSHIP BETWEEN TRADITIONAL MARKET TRADERS and MODERN STORES article 7 C (1) any person who manages shopping centers and modern market is obligated to execute partnerships with small businesses. (2) a partnership referred to in subsection (1) are implemented in the form of mandatory cooperation of marketing, provision of a place of business, product acceptance and implemented on the basis of a written agreement with the principle of mutual need, strengthens and profitable. (3) supervision of the implementation of the partnership as referred to in paragraph (2) was conducted by the local government through the Work of the regional units of the device that gets a delegation of Mayors.   -8-http://bphn.go.id/


Article 7 D (1) shopping centre with a floor area greater than 2000 M2 (two thousand square meters) are required to provide a place of small and informal businesses a minimum of 10% (ten percent) of the floor area of building effective and can not be replaced in the forms of others. (2) the modern market are not at a shopping centre with a floor area of more than 2000 M2 (two thousand square meters) are required to provide the business place room for small and informal businesses. (3) the provision of business place room referred to in subsection (1) and paragraph (2), carried out with the following conditions: a. set out in the plan of the layout of the buildings and/or the beginning of the licensing process; b. the imposition of land or space lease agreed by the management, small business principals and informal efforts at facilitation by Governments of the region; (4) the modern market Manager is obligated to local small businesses market their products and excellent products of the region. (5) the implementation of the obligations referred to in subsection (1), subsection (2) and paragraph (4) further defined by regulation the Mayor. Article 7 E (1) placement of small and informal efforts at space place of business as the duties to the organizing efforts of the shopping centre and/or modern markets are organized as follows: a. small and informal efforts prioritized to be placed is merchants who were around the location of the place of business of the building; and b. When around the location of the building where there are no businesses small and informal businesses, then taken from adjacent to the buildings of the place of business; (2) small business and informal efforts at space place of business as the duties to the organizing efforts of the shopping centre and/or the modern market is obligated to perform the following actions; a. participate safeguarding the environment, security, public order, hygiene and beauty in the modern market and market complex where they trade; b. keep the rules and standard procedures for trade set out along with the management of the Centre's budget and modern stores; c. trade on the agreed space rations as well as not take land/space has been allocated to other interests, such as roads, sidewalks, and parks; and d. Pay its obligations towards the rent and dues mandatory mutually agreed management.   -CHAPTER 9-http://bphn.go.id/VID SUPPLY GOODS to MODERN STORES article 7 F (1) cooperation effort between suppliers with Perkulakan, hypermarkets, Department stores, supermarkets, and Minimarket Chain Manager created by written agreement in bahasa Indonesia and Indonesia's law applies to it. (2) if in business cooperation as referred to in subsection (1) is subject to the terms of trade, then the terms of trade is the part that is inseparable from the written agreement referred to in subsection (1). (3) by not reducing the principle of freedom of contracts, the terms of trade referred to in subsection (2) must be clear, reasonable, equitable and mutually beneficial and agreed both sides without pressure, with the following conditions: a. the costs that can be charged to the supplier are costs directly related to the sale of product suppliers; b. goods suppliers can only be done when it has been exchanged in the contract; c. Suppliers may be subject to a fine if it does not meet the amount and timeliness of supply, modern markets can be subject to a fine if it does not meet the payments on time; d. Cutting the value of supplier invoices associated with the sale of goods below the purchase price from the supplier only apply to goods with certain characteristics; and e. the cost of promotion and administrative costs of registration of goods Suppliers are defined and used transparently. (4) the costs directly related to the sale of products a supplier referred to in paragraph (2) letter a, is: a. regular discounts (regular discount), i.e. the discounts given by Suppliers to modern markets on each transaction; b. fixed rebates (fixed rebate), the discounts given by Suppliers to modern market without being linked to sales targets; c. Special discounts (rebate conditionals), i.e. the discounts given by Suppliers if modern market can achieve sales targets; d. discounted price promotion (promotion discount), i.e. the discounts given by Suppliers to modern market promotion activities in order to either held by Suppliers as well as by Modern Stores; e. the cost of promotion (promotion budget), the fees charged to the supplier by modern market to promote goods suppliers in Modern Stores; and f. the cost distribution (distribution cost), that the cost charged by modern market to suppliers with regard to the distribution of goods to modern stores network Suppliers; and/or-10-http://bphn.go.id/g. registration administration fee of goods (listing fee), i.e. the cost with a reasonable quantity for the cost of the recording stuff on modern market that charged to the supplier. (5) goods with certain characteristics as referred to in paragraph (3) the letter d, is the stuff of fashion Miss (old fashion), the stuff with a low save, goods buyer and goods sortiran promotion. (6) change the type of costs referred to in subsection (4) are set in accordance laws-invitation. Article 7 G (1) in the framework of the development of partnership between small business Supplier with Perkulakan, hypermarkets, Department stores, supermarkets, and Minimarket Chain Manager, performed with the provisions of the cooperation agreement: a. is not picking up the cost of the administration of the registration of the goods from the supplier small businesses; and b. the payments to small business Suppliers made in cash, or with a specific technical reasons can be done within a period of 15 (fifteen) days after the entire billing document is received. (2) payment in cash as referred to in paragraph (1) letter b can be done along the way doesn't harm small business Supplier, taking into account the risks and costs of interest to small business Suppliers. Article 7 H (1) Perkulakan, hypermarkets, Department stores, supermarkets, and Minimarket Chain Manager, can use its own brand with emphasis on the production of goods small and medium-sized businesses. (2) use of modern market brands itself as intended in paragraph (1) prioritize the types of goods that are produced in Indonesia. (3) the modern market are responsible that the goods that use modern market brand itself has been fulfilling the provisions of the legislation in the field of intellectual property (IP), the field of security and health products, as well as other laws and regulations Chapter 7 I in order to create partnerships that are equitable, mutually beneficial and without pressure between suppliers with Modern Stores, Government and local governments can facilitate the interests of suppliers and modern market negotiated a cooperation agreement as stipulated in article 7 H-11-http://bphn.go.id/5. Among the Chapter VII and Chapter VIII inserted two Chapters namely Chapter VIIA and VIIB of CHAPTER so entirely reads: CHAPTER VIIA CLASSIFICATION and TRADE CRITERIA of article 8 A the local government classification of trade into the market, shopping centers and modern stores, as well as traditional markets based on certain criteria. Article 8 B (1) stem serves as a Market place of unloading the goods distributing to the merchant. (2) traditional markets are obliged to take the merchandise in the form of animal and vegetable products from the market. (3) the goods referred to subsection (1) before being distributed must be in clean condition. Article 8 C classification of modern markets is based on: a. Spacious stalls, as follows; 1. Mini market less than 400 m2 (four hundred square metres); 2.400 m2 Supermarket (four hundred square metres) up to 5,000 m2 five thousand square meters); 3. the above 5,000 m2 Hypermarket (five thousand square meters); 4. The Department Store, on top of 400 m2 (four hundred square metres); and 5. Perkulakan, over 5,000 m2 (five thousand square meters). b. sales system and the type of merchandise as follows: 1.-markets, supermarkets and hypermarkets selling in retail consumer goods especially food products and other household products; 2. A departmental Store selling in retail consumer goods products primarily clothing and accessories with the arrangement of goods on the basis of gender and age level or consumers; and 3. Perkulakan sell in wholesale of consumer goods article 8 D Manager modern market and traditional market place provides mandatory selling qualified technical building, environment, security and appropriateness of sanitation and hygiene in accordance with the laws applicable legislation-. Article 8 E (1) establishment and/or the business of modern markets should consider the presence of traditional markets and small businesses that have been there before.   -12-http://bphn.go.id/


(2) the establishment and/or concessions of the modern market is prohibited in the area of the settlement unless that is part of the master plan of settlement CHAPTER VIIB of the LOCATION and DISTANCES of PLACES of BUSINESS of TRADE article 8 F Location the establishment of shopping centers and modern compulsory market refers to a Spatial Plan areas and Spatial Detail Plan of the city, including the regulation of article 8 G Zonasinya (1) Perkulakan may only be located on the arterial road network system or primary or secondary arterial collector. (2) Hypermarkets and shopping centers: a. Only can be located on the arterial road network system or collector; and b. is Prohibited on premises or Environment Ministry area in the city/urban (3) Supermarket and Department Store: a. Prohibited is located on the system environment of the road network; and b. is Prohibited in the area of environmental services in the area. (4) the Minimarket can be located on the system the road network, including road network system in the area of the Environment Ministry of the environment (residential) in the area and there are only a maximum of 2 (two) fruit mini market at one sub-district. (5) a broad outlet stores on the road network system in the area of the Environment Ministry of the environment (housing) a maximum of 200 m2; and (6) traditional markets can be located on any road network system. Article 8 H in modern market must meet the following requirements: a. the Minimarket is at least 1 km from the traditional market and 0.1 km from small businesses situated in similar roadside collector/arteries. b. Supermarket and Departmental Store a minimum of 1.5 km away from the traditional market in the street collector/arteries. c. hypermarket and Perkulakan a minimum of 2.5 km away from the traditional market in the street collector arterial/d. Minimarket located on the roadside environment with extensive outlets s/d 200 m2. a minimum of 0.5 km away from traditional markets and nifty little l. e. placement of traditional Traders in order partnerships are prohibited from using space belonging to the street f. distance between a minimarket with other markets both within a single subdistrict or kecamatan among its minimum is 1 km away.   http://bphn.go.id/-13-Article II 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 Tasikmalaya City Area of the sheet. Set in Tasikmalaya on 22 January 2009 the MAYOR of TASIKMALAYA, Ttd. H. SYARIF HIDAYAT of the promulgation in Tasikmalaya on January 23, 2009 SECRETARY of the REGIONAL CITY of TASIKMALAYA, Ttd. H. ENDANG SUHENDAR TASIKMALAYA CITY AREA SLABS in 2009 NUMBER 100-14-http://bphn.go.id/