Regional Regulation No. 5 Of 2008

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd5807408096ba313634333130.html

DRAFT REGULATIONS of the REGIONAL CITY of TASIKMALAYA number 5 in 2008 ABOUT CHANGING UP the 12 (twelve) LOCAL REGULATIONS GOVERNING CONDITIONS of TASIKMALAYA CRIMINAL CONFINEMENT of more than 3 (three) months with the GRACE of GOD ALMIGHTY the MAYOR of TASIKMALAYA, Considering: a. that appropriate provisions of Act No. 10 of 2004 on the establishment of Regulations, in determining the length of criminal proceedings and the number of fines over violations of the local regulations need to be mindful of the impact inflicted by the crime in the community and the offender's fault; b. that to realize the effectiveness of the enforcement regulations of the area in the town of Tasikmalaya, need to make changes to the criminal provisions on some local regulations governing the provision of criminal confinement of more than 3 (three) months; c. that based on considerations as referred to the letter a and letter b above, the need to establish local regulations Tasikmalaya about change over some Regulatory regions of Tasikmalaya that govern Criminal Provisions of more than 3 (three) months; 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. 10 of 2001 on the establishment of the town of Tasikmalaya (State Gazette of the Republic of Indonesia Number 90 in 2001, an additional Sheet of the Republic of Indonesia Number 4117); 3. 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 3489); 4. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as amended by law No. 8 Year-1-http://bphn.go.id/concerning the determination of the Replacement Government Regulations Act No. 3 of 2005 regarding changes to the Law Number 32 of 2004 concerning Regional Government into law (Republic of Indonesia Sheet 2005 Number 108 Additional Sheets, the Republic of Indonesia Number 4548); 5. 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); Together with the approval of the HOUSE of REPRESENTATIVES and Mayor of TASIKMALAYA CITY AREA TASIKMALAYA DECIDED: setting: LOCAL REGULATIONS REGARDING CHANGES to the APPLICABLE LOCAL PROVISIONS GOVERNING TASIKMALAYA CRIMINAL CONFINEMENT of more than 3 (three) months. Some of the provisions in article I: a. local regulations Tasikmalaya number 1 in 2002 about the coat of arms of the town of Tasikmalaya (Tasikmalaya Regional Gazette 2002 number 3); b. applicable local Tasikmalaya number 18 in 2003 about street lighting Tax (City of Tasikmalaya Regional Gazette in 2003 number 18); c. Regulation of the regional city of Tasikmalaya number 22 in 2003 about the Levy of service Persampahan (the regional Gazette Tasikmalaya 2003 number 22); d. local regulations Tasikmalaya Number 24 in 2003 about the Levy are siphoned off the stool (Tasikmalaya Regional Gazette in 2003 Number 24); e. Regulatory regions of Tasikmalaya number 25 in 2003 about a levy on health services at health centers and Other health care Facility Licensing in Tasikmalaya City Health Office (the city of Tasikmalaya Regional Gazette in 2003 number 25); f. Regional Regulation Tasikmalaya Number 29 in 2003 about Cleanliness, beauty and environmental sustainability (Tasikmalaya Regional Gazette in 2003 Number 29); g. Regulatory regions of Tasikmalaya City No. 3 of 2004 about Tax taking and processing of Minerals in Group C (Regional Gazette Tasikmalaya 2004 Number 34); h. Regulatory regions of Tasikmalaya No. 5 of 2004 about-2-http://bphn.go.id/For services in the field of traffic and Transport Roads (Gazette of the regional city of Tasikmalaya 2004 Number 36); i. applicable local Tasikmalaya number 12 in 2004 about a business license in the field of trade (Regional Gazette Tasikmalaya 2004 number 43); j. Regulatory regions of Tasikmalaya number 13 in 2004 about Licences (Regional Gazette Tasikmalaya 2004 Number 44); k. Rules of the regional city of Tasikmalaya No. 14 of 2004 about the Building Permit Levy (Gazette of the regional city of Tasikmalaya 2004 Number 45); b. applicable local Tasikmalaya number 15 in 2004 about the arrangement of the buildings (the regional Gazette Tasikmalaya 2004 No. 46); modified as follows: 1. The provisions of article 9 of the regulation region of Tasikmalaya number 1 in 2002 about the coat of arms of the town of Tasikmalaya (Tasikmalaya Regional Gazette 2002 number 3) is amended by deleting subsection (1) and between paragraph (1) and subsection (2) insert four (4) paragraph, namely paragraph (1a), (1b), (1 c) and (1 d), and thus entirely reads as follows: article 9 (1) is deleted. (1a) Whoever uses the coat of arms of the town of Tasikmalaya without the permission of the Mayor as referred to in article 6 of the regulation of this area, are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp. 5 million (five million rupiah). (1b) anyone who violates the ban: a. use, create and revamp the city's coat of arms which is contrary to the provision in the regulation of this area; b. damage, change the shape, color, size, and writings including the load, reducing and eliminating letters, sentences, figures, drawings or any other signs other than those set out in the Regulation of this area; c. using the emblem of the city as a trading Stamp, Advertising, trade or political Propaganda in any way including the trade symbol of the city which is not in accordance with local regulations that can devalue the position of the arms of the city; As stipulated in article 7 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 5,000,000.0.-(five million rupiah). (1 c) anyone who violates the ban on using the coat of arms of the city as the official identity of an Assembly, organization or private enterprise as stipulated in article 8 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 5,000,000.0.-(five million rupiah). (1 d) Depositing the proceeds of fines referred to in subsection (1a),-3-http://bphn.go.id/(1b) and (1 c) carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1a), (1b) and (1 c) is a violation of. 2. The provisions of article 22 of the regulation region of the town of Tasikmalaya number 18 in 2003 about street lighting Tax (City of Tasikmalaya Regional Gazette in 2003 number 18) altered by altering subsection (1) and paragraph (2) and adding 1 (one) paragraph after paragraph (2) as paragraph (2a), so the whole reads as follows: article 22 (1) Taxpayers are purposely did not convey the SPTPD or fill with incorrect or incomplete or incorrect description attach are convicted by criminal confinement of not longer than three (3) months or a maximum fine of high four (4) times the amount of Tax owed. (2) a Taxpayer because kealpaannya did not convey the SPTPD or fill with incorrect or incomplete information or attach a can are convicted by criminal confinement of not longer than 2 (two) months or a maximum fine of high 2 (two) times the amount of Tax owed. (2a) the remittance proceeds of fines referred to in subsection (1) and (2) carried out in accordance with laws-invitation. 3. The provisions of article 16 of the regulation region of the town of Tasikmalaya number 22 in 2003 about the Levy of service Persampahan (the regional Gazette Tasikmalaya 2003 number 22) is modified by changing the paragraph (1) and paragraph (2) and insert one (1) paragraph between paragraph (1) and paragraph (2) as paragraph (1a), so the whole reads as follows: article 16 (1) Compulsory Levies that do not pay responsilities of levy referred to in article 5 paragraph (1) of the regulation of this area , are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1) is an offence. 4. The provisions of article 12 of the regulation region of Tasikmalaya Number 24 in 2003 about the Levy are siphoned off the stool (Tasikmalaya Regional Gazette in 2003 Number 24) modified by altering subsection (1) and paragraph (2) and insert one (1) paragraph between paragraph (1) and paragraph (2) as paragraph (1a), so the whole reads as follows:-4-http://bphn.go.id/


Article 12 (1) Compulsory Levies are not implementing the obligation of paying the levy referred to in article 6 paragraph (2) of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 1,000,000.0.-(one million rupiah). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1) is an offence. 5. The provisions of article 23 of the regulation region of the town of Tasikmalaya number 25 in 2003 about a levy on health services at health centers and Other health care Facility Licensing in Tasikmalaya City Health Office (the city of Tasikmalaya Regional Gazette in 2003 number 25) changed by altering subsection (1) and paragraph (2) and insert a 1 paragraph between paragraph (1) and paragraph (2) as paragraph (1a), so the whole reads as follows : Article 23 (1) any person who acquired the Licensing Services on health services that do not pay the Tasikmalaya levy referred to in article 9 paragraph (2) Letter P Regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 25,000,000.0.-(twenty-five million rupiah). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with laws-invitation. (2) a criminal offence referred to in subsection (1) is an offence. 6. The provisions of article 20 of the regulation of the regional city of Tasikmalaya Number 29 in 2003 about Cleanliness, beauty and environmental sustainability (Tasikmalaya Regional Gazette in 2003 Number 29) is amended by deleting subsection (1) and amend paragraph (2) and insert the 9 (nine) paragraph between paragraph (1) and paragraph (2) as paragraph (1a), (1b), (1 c), (1 d), (1e), (1f), (1 g), and (1 h) (1i) so the whole reads as follows : Article 20 (1) deleted (1a) any person who does not keep and maintain the cleanliness of the environment as referred to in article 4 paragraph (1) of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). -5-http://bphn.go.id/(1b) a. For every owner and master the persil or dereliction of duty of building up the cleanliness of the buildings, pages, lines, sidewalks and streets in the neighborhood of persilnya and the surrounding places; b. any owner of a vehicle that operates in the way of either private or public transportation is not equipped with the trash; c. Any person who manages common activities such as parking, terminals, stations, which do not maintain the cleanliness of the site activities; as referred to in article 6 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1 c) every home owner and/or buildings and/or land which is not used or abandoned which do not observe hygiene as stipulated in article 7 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1 d) Each occupant of a building that does not meet the obligation: a. Maintain the cleanliness of the building as well as a page; b. Maintaining existing water channels around the building; c. provide and use the bin in the front yard; d. dispose of objects that foul-smelling that can disrupt health; e. periodically clean the safety tank or latrines that belonged to him; as referred to in article 8 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1e) any person who: a. dispose of trash, dirt or other used items in the channel, berm, sidewalks, public places, places of public service and other places; b. Soiling, damage, burn or eliminate the trash can provided; c. Bury the carcass-the carcass of a large animal in the yard or throw it in the stream channel or flowing water well or not; as referred to in article 9 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1f) every person who does not meet the obligation: a. maintain the cleanliness and beauty of the building as well as a page; b. Maintain the fencing and railing pages life that borders on the road; as referred to in article 12 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). -6-http://bphn.go.id/(1 g) every person who: a. Disseminating or paste leaflets, posters, pamphlets, slogans, banners and the like along the way, trees or buildings, public facilities and social facilities, without the permission of the Mayor; b. Soiling, destructive, doing graffiti-graffiti on the street, trees or buildings, public facilities or social facilities; as referred to in Article 14 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1 h) any person who: a. haul toxic, foul-smelling or an easy fire poses using open transport tool; b. close the river and or channels without the permission of the Mayor; as referred to in article 19 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 3,000,000.0.-(three million dollars). (1i) Depositing the proceeds of fines referred to in subsection (1a), (1b), (1 c), (1 d), (1e), (1f), (g) and (1 h) is implemented in accordance with the legislation. (2) a criminal offence referred to in subsection (1a), (1b), (1 c), (1 d), (1e), (1f), (g) and (1 h) is a violation of. 7. Remove the provisions of CHAPTER XI of article 23 of the regulation number 3 of Tasikmalaya City Area in 2004 About Tax taking and processing of Minerals in Group C (Regional Gazette Tasikmalaya 2004 Number 34). 8. The provisions of article 30 of the regulation number 3 of Tasikmalaya City Area in 2004 about Tax taking and processing of Minerals in Group C (Regional Gazette Tasikmalaya 2004 Number 34) modified by altering subsection (1) and paragraph (2) and insert one (1) paragraph between paragraph (1) and paragraph (2) as paragraph (1a), so the whole reads as follows: article 30 (1) every person who is conducting the exploitation of Minerals in Group C which does not meet the obligation to pay taxes as referred to in article 5 The regulation of this area, are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 25,000,000.0.-(twenty-five million rupiah). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1) is an offence. 9. The provisions of article 16 of the regulation region of the town of Tasikmalaya No. 5 of 2004 about Retribution services in the field of traffic and Transport Roads (Gazette of the regional city of Tasikmalaya 2004 Number 36) modified by altering subsection (1) and paragraph (2) and insert a 1-7-http://bphn.go.id/(a) paragraph between paragraph (1) and paragraph (2) as paragraph (1a), so the whole reads as follows: article 16 (1) every person who get services and infrastructure in the field of road transport and traffic that is not pay the levy referred to in article 9 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp. 5 million, (five million rupiah). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1) is an offence. 10. The provisions of article 27 paragraph (1) and paragraph (2) of the regulation region of the town of Tasikmalaya number 12 in 2004 about a business license in the field of trade (Regional Gazette Tasikmalaya 2004 Number 43) is amended by deleting subsection (1), and between paragraph (1) and paragraph (2) is inserted 5 (five) verses, namely paragraph (1a), (1b), (1 c), (1 d) and (1e) so the whole reads as follows: article 27 (1) deleted (1a) every organiser of trade business activities that do not have a trade business license (IUP) as referred to in Article 2 paragraph (1) are convicted by criminal confinement of not longer than 3 months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah); (1b) any business activities of the organizers of the trade that did not make any changes to the PROVIDED as the result of changes in capital and net worth (nett) either because of increased or decreased as referred to in article 3 are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 25,000,000.0.-(twenty-five million dollars); (1 c) every organiser of a Modern Market business activities which have no Modern market business license (IUPM) referred to article 6 of the regulation of this area are convicted by criminal confinement 3 months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah); (1 d) every organiser hierarchical sales business activities which do not have a business license sales are Tiered (IUPB) referred to article 10 of the regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah); (1e) the remittance proceeds of fines referred to in subsection (1a), (1b), (1 c) and (1 d) is carried out in accordance with the legislation. -8-http://bphn.go.id/


(2) a criminal offence as referred to paragraph (1a), (1b), (1 c) and (1 d) is a violation of. 11. The provisions of article 38 paragraph (1) and paragraph (2) of the Regulation No. 13 of Tasikmalaya City Area in 2004 about Licences (Regional Gazette Tasikmalaya 2004 Number 44) is amended by deleting subsection (1) and between paragraph (1) and subsection (2) insert four (4) paragraph, namely paragraph (1a), (1b), (1 c) and (1 d) so the whole reads as follows: article 38 (1) is deleted. (1a) any person who is carrying out the business activities of exploration, the excessive exploitation and processing in the region without permission as referred to article 4 are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah); (1b) any person who without the permission of memindahtangankan Mayor referred to article 5 are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 25,000,000.0.-(twenty-five million dollars); (1 c) every person who organizes activities of exploration, Exploitation and processing of which does not pay the levy referred to in Article 33 paragraph (1) and paragraph (2) are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah); (1 d) Depositing the proceeds of fines referred to in subsection (1a), (1b) and (1 c) carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1a), (1b) and (1 c) is a violation of. 12. The provisions of article 26 paragraph (1) and paragraph (2) of the regulation region of the town of Tasikmalaya No. 14 of 2004 about the Building Permit Levy (Gazette of the regional city of Tasikmalaya 2004 Number 45) modified and between paragraph (1) and paragraph (2) is inserted 1 (one) verse, namely paragraph (1a), so the whole reads as follows: article 26 (1) Compulsory levies that do not implement the obligation to pay a levy as referred to Article 13 paragraph (1) to the detriment of the financial Area are convicted by criminal confinement of not longer than three (3) months and/or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah). (1a) the remittance proceeds of fines referred to in subsection (1) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1) is an offence. http://bphn.go.id/-9-13. The provisions of article 62 of Regulation No. 15 of Tasikmalaya City Area in 2004 about the arrangement of the buildings (the 2004 Regional Gazette Number 46) is amended by deleting subsection (1) and between paragraph (1) and paragraph (2) of paragraph 2 is inserted that is clause (1a) and (1b) so the whole reads as follows: article 62 (1) deleted. (1a) every person who established, utilizing, and dismantling the building without the permission of the mayor or Officials designated as referred to in Article 46 of regulation of this area are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah). (1b) the remittance proceeds of fines referred to in subsection (1a) is carried out in accordance with the legislation. (2) a criminal offence referred to in subsection (1a) is a violation of. Chapter II Rules 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 May 5, 2008 the MAYOR of TASIKMALAYA, Ttd. H. SYARIF HIDAYAT of the promulgation in Tasikmalaya on May 6, 2008 SECRETARY CITY of TASIKMALAYA, Ttd. H. ENDANG SUHENDAR TASIKMALAYA CITY AREA the SHEETS 2008 NUMBER 85-10-http://bphn.go.id/