SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 93, 2008 | (Explanation In Addition of the Republic of Indonesia State Number 4866) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 20 YEAR 2008
ABOUT
MICRO, SMALL, AND MEDIUM ENTERPRISES
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the fair and prosperous society based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945 must be realized through the development of a national economy based on economic democracy;
., b. that in accordance with the mandate of the People's Consultative Assembly of the Republic of Indonesia Number XVI/MPR-RI/1998 on Economic Politics in the framework of Economic Democracy, Mikro, Small, and Medium Enterprises need to be empowered as an integral part of the economy. the people who have the position, the role, and the strategic potential to realize the national economic structure that is more balanced, evolving, and justice;
., c. that the empowerment of the Mikro, Small, and Medium Effort as referred to in the letter b, needs to be fully organized, optimal, and continuous through the development of a conducive climate, giving the opportunity of effort, support, protection, and development of enterprise-wide enterprise, thereby improving the position, role, and potential of the Mikro, Small, and Medium Effort to realize the economic growth, alignment and increase of the revenue of the people, the creation of the field of employment, and poverty alleviation;
., d. that due to the development of an increasingly dynamic and global economic environment, Law Number 9 of 1995 about Small Business, which only governs Small Business needs to be replaced, in order for Micro, Small, and Medium Enterprises in Indonesia can be obtaining assurance of certainty and business justice;
., e. that under consideration as intended in the letter a, the letter b, the letter c, and the letter d, need to form an Act about the Mikro, Small, and Medium Enterprises;
.,, Given: Section 5 of the paragraph (1), Article 20, Article 27 paragraph (2), and Article 33 of the Constitution of the Republic of Indonesia of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
.,, Setting: A LAW ON MICRO, SMALL, AND MEDIUM ENTERPRISES.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Micro-Business is a productive effort by individual persons and/or individual business entities that meet the criteria of the Mikro Business as set forth in this Act.
., 2. A small business is a self-established, productive economic entity committed by a person or a business entity that is neither a subsidiary nor a branch of a company owned, controlled, or part of either directly or indirectly (for example, an entity that is not a subsidiary of a corporation). not directly from the Medium or Large Business Business criteria that meet the Small Business criteria as referred to in this Act.
., 3. A Medium is a productive economic entity that is self-founded, committed by a person or entity that is not a subsidiary or branch of a company owned, controlled, or part of either directly or indirectly. directly with Small Business or large businesses with the amount of net worth or annual sales results as set out in this Act.
., 4. A Great effort is a productive economic effort undertaken by an entity with a net worth of wealth or annual sales results greater than the Intermediate Effort, which includes national or private-owned businesses, joint ventures, and foreign ventures. It's an economic activity in Indonesia.
. .5. The World of Business was Mikro's Effort, Small Business, Medium Effort and Great Effort which carried out economic activities in Indonesia and was domiciled in Indonesia.
., 6. The Central Government, subsequently called the Government, is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 7. The Regional Government is the Governor, the Regent, or the Mayor, and the area's device as an organizer of the local government.
., 8. Empowerment is the efforts of the Government, the Local Government, the Business World, and the society synergically in the form of climate change and the development of efforts towards the Mikro, Small, and Medium Enterprises so that it is able to grow and grow. To be a formidable and independent endeavor.
., 9. An Effort is a condition that the Government and the Regional Government are seeking to empower the Mikro, Small, and Medium Enterprises synergically through the designation of various laws and policies in various aspects of economic life. For Mikro, Small, and Medium Effort to obtain a determination, assurance, opportunity, protection, and support for the extent of the work.
., 10. Development is an effort made by the Government, the Local Government, the Business World, and the public to empower the Mikro, Small, and Medium Effort through the granting of assistance and incision assistance facilities to grow and enhance the capabilities and power of the Mikro, Small, Medium and Medium Effort.
., 11. Financing is the provision of funds by the Government, the Local Government, the Business World, and the public through banks, cooperatives, and financial institutions instead of banks, to develop and strengthen the budget of Mikro, Small, and Medium Enterprises.
., 12. Assurances are the granting of Mikro, Small, and Medium loan guarantees by the credit guarantor agencies as support to enlarge the opportunity to obtain a loan in order to strengthen its application.
., 13. A partnership is a partnership in relation to business, either directly or indirectly, on the basis of mutual principles, trusting, strengthening, and profitable that involve the perpetrators of the Mikro, Small, and Medium Enterprises with Great Effort.
., 14. The Minister is the minister whose duty and responsibility in the fields of Mikro, Small, and Medium Enterprises.
., 15. The Technical Minister is the minister who is technically responsible for developing the Mikro, Small, and Medium Enterprises in its activities sector.
BAB II
ASAS AND THE PURPOSE
Section 2
Micro, Small, and Medium Businesses Are Satisfied:
a. familial;
B. economic democracy;
C. togetherness;
D. The efficiency of justice;
e. continuous;
f. Environmental insights;
G. Independence;
h. the balance of progress; and
i. national economic unity.
Section 3
Micro, Small, and Medium Venture aims to grow and develop its efforts in order to build a national economy based on the democratic democracy of justice.
BAB III
EMPOWERMENT PRINCIPLES AND GOALS
The Kesatu section
The Empowerment Principle
Section 4
Mikro, Small, and Medium Effort Enablement Principles:
., a., a. Self-sufficiency, concurrent, and entrepreneurship of the Mikro, Small, and Medium Effort to work with its own initiative;
B. the embodiment of transparent, accountable, and justice public policy;
.,, c. development of a potential, market-oriented and market-oriented enterprise in accordance with the competencies of Mikro, Small, and Medium Enterprises;
D. enhanced competability of the Mikro, Small, and Medium Enterprises Saing; and
e. Integrated planning, execution, and control hosting.
The Second Part
The Empowerment Goal
Section 5
Mikro, Small, and Medium Effort Enablement objectives:
., a., a. embody a national economic structure that is balanced, evolving, and justice;
., b. grow and develop the capabilities of Mikro, Small, and Medium Enterprises into a formidable and independent enterprise; and
., c. increased the role of Mikro, Small, and Medium Effort in regional development, employment creation, income structuring, economic growth, and the alleviation of the people from poverty.
BAB IV
CRITERIA
Section 6
(1) The Micro Effort Criteria is as follows:
.,
., a., a. have a net worth of most Rp50,000.000.00 (fifty million rupiah) excluding land and building place of the venture; or
., b. has the most annual sales yield of Rp300,000.000.00 (three hundred million rupiah).
(2) Small Business Criteria is as follows:
.,
., a., a. have a net worth of more than Rp50,000.000.00 (fifty million rupiah) up to most Rp500.000.00 (five hundred million rupiah) excluding land and building place of the venture; or
., b. has an annual sales yield of more than Rp300,000.000.00 (three hundred million rupiah) up to the most Rp2,500,000.00 (two billion five hundred million rupiah).
(3) Mid-Business Criteria is as follows:
.,
., a., a. have a net worth of more than Rp500.000.00 (five hundred million rupiah) up to most Rp10,000.000.00 (ten billion rupiah) excluding land and building place of the venture; or
., b. has an annual sales yield of more than Rp2,500,000.00 (two billion five hundred million rupiah) up to the most Rp50,000.000.00 (fifty billion rupiah).
.,, (4) The Criteria as referred to in paragraph (1) letter a, letter b, and paragraph (2) letter a, letter b, and paragraph (3) of the letter a, the letter b of the nominating value may be changed according to the economic development set up with the President's Rules.
BAB V
ENTERPRISE CLIMATE RECURES
Section 7
.,, (1) the Government and Regional Governments foster the Climate Effort by establishing laws and policies that include aspects:
., a., a. funding;
B. means and infrastructure;
c. business information;
D. partnership;
e. attempt permissions;
f. attempt to attempt;
G. trade promotion; and
h. Institutional support.
.,, (2) The World of Business and the Public Works and actively help grow the Climate Effort as referred to in paragraph (1).
Section 8
The funding aspect as referred to in Article 7 of the paragraph (1) of the letter is intended for:
., a., a. expand the funding source and facilitate the Mikro, Small, and Medium Effort to be able to access banking credits and financial institutions instead of banks;
., b. embed its network of financing and expanding its network so that it can be accessed by the Mikro, Small, and Medium Enterprises;
., c. provides ease in obtaining funding quickly, appropriately, cheap, and undiscriminatory in service in accordance with the provisions of the laws of the laws; and
., d. assist the perpetrators of the Mikro and Small Businesses to obtain financing and other financial services provided by banking and financial institutions instead of banks, either using conventional systems or sharia systems with guarantees. which is provided by the Government.
Section 9
The aspect of the means and the infrastructure as referred to in Article 7 of the paragraph (1) the letter b is intended for:
., a., a. conduct a common infrastructure that can drive and develop the growth of the Mikro and Small Business; and
B. provide a certain infrastructure fare break for the Mikro and Small Effort.
Section 10
The aspect of the business information as referred to in Article 7 of the paragraph (1) of the letter c is intended for:
., a., a. create and streamline the utilization of data banks and business information networks;
., b. hold and disseminate information about markets, sources of financing, commodities, copying, design and technology, and quality; and
.,, c. provides the same tranparance and access to all the perpetrators of the Mikro, Small, and Medium Effort over any business information.
Section 11
The partnership aspect as referred to in Article 7 of the paragraph (1) of the letter d is intended for:
a. embody the Mikro, Small, and Medium inter-Effort partnership;
B. embody the partnership between the Mikro Effort, Small, Medium and Large Effort;
., c. encourages the occurrence of mutually beneficial relationships in the implementation of the Mikro, Small, and Medium inter-Effort business transactions;
., d. encourage mutually beneficial relationships in the execution of business transactions between the Mikro, Small, Medium and Large Effort Enterprises;
., e. developing cooperation to improve the bargaining position of Mikro, Small, and Medium Enterprises;
., f. encourages the creation of a market structure that guarantees the growing competition of healthy businesses and the protection of consumers; and
., g. Prevent market capture and performance by individual persons or groups that are detriing to the Mikro, Small, Medium, and Medium Enterprises.
Section 12
.,, (1) Aspect of the business licensing as referred to in Section 7 of the paragraph (1) letter e is intended for:
.,
., a., a. simplify the layout and type of business licensing with a single door integrated service system; and
., b. free the licensing fee for the Mikro Effort and provide leniation of the licensing fee for the Small Effort.
.,, (2) Further provisions on the requirements and grammar of the business permit application are set up with Government Regulation.
Section 13
.,, (1) Aspect of the opportunity endeavour as referred to in Article 7 of the paragraph (1) the letter f is intended for:
.,
., a., a. Define the location for which to include location awarding in the market, shopping space, industrial centra location, folk farm location, folk mining site, reasonable location for the five-foot merchant, as well as other locations;
., b. establish the allocation of time trying for the Mikro and Small Effort in the retail trading subsector;
., c. enforage fields and types of enterprise activities that have a process specificity, solid work, as well as having a special cultural heritage and themes;
., d. establish the fields of business that are reserved for the Mikro, Small, Medium and Medium Business as well as the areas of business that are open to the Great Effort with the condition of having to cooperate with the Mikro, Small, Medium and Medium Effort;
., e. protect specific businesses that are strategic for the Mikro, Small, and Medium Enterprises;
., f. Prioritize the use of products produced by the Mikro and Small Effort through direct procurement;
., g. prioritizing the procurement of goods or services and the employment of Government and Regional Governments; and
h. Provide legal and defense consulting assistance.
.,, (2) The implementation of the provisions as referred to in paragraph (1) is carried out oversight and control by the Government and the Local Government.
Section 14
.,, (1) The trade promotion aspect as referred to in Section 7 of the paragraph (1) of the letter g, is intended for:
.,
., a., a. enhance the promotion of Mikro, Small, and Medium Effort Products in and abroad;
., b. expand the funding source for the promotion of Mikro, Small, and Medium Effort Products in and abroad;
., c. provides incentives and methods of providing incentives for Mikro, Small, Medium and Medium Enterprises that are able to provide self-funding in product promotion activities both inside and abroad; and
., d. facilitate the ownership of intellectual property rights to the products and design of the Mikro, Small, and Medium Business activities in domestic and export activities.
.,, (2) The implementation of the provisions as referred to in paragraph (1) is carried out by the Government and the Local Government.
Section 15
Aspects of institutional support as referred to in Article 7 of the paragraph (1) letter h are intended to develop and improve the functions of incubators, enterprise development services institutions, bank partner financial consultants, and other same-sex profession institutions as a support institution for the development of Mikro, Small, and Medium Enterprises.
BAB VI
ENTERPRISE DEVELOPMENT
Section 16
.,, (1) The Government and the Local Government facilitates the development of an effort in the field:
., a., a. production and processing;
B. marketing;
c. human resources; and
D. design and technology.
.,, (2) The business and public works of the role and actively perform the development as referred to in paragraph (1).
.,, (3) Further provisions on the system of development, priority, intensity, and term of development are set up with Government Regulation.
Section 17
The development in the field of production and processing as referred to in Article 16 of the paragraph (1) the letter is done in a way:
., a., a. improve production and processing techniques and management capabilities for the Mikro, Small, Medium, and Medium Enterprises;
., b. provide ease in procurement of means and infrastructure, production and processing, raw materials, helper materials, and packaging for the Mikro, Small, and Medium Business products;
c. encouraging the application of standardization in the production and processing process; and
D. improving the build design capability and the adhesives for the Medium Effort.
Section 18
Development in the marketing field, as referred to in Article 16 paragraph (1) the letter b is done in a way:
a. carrying out research and marketing studies;
B. disseminate market information;
c. enhancing management skills and marketing techniques;
., d. provide marketing means that includes market test, marketing agency, trading house provision, and the promotion of Mikro and Small Business;
e. provide product promotion support, marketing network, and distribution; and
f. provide professional consultant power in the marketing field.
Section 19
Development in the field of human resources as referred to in Article 16 of paragraph (1) the letter c is done in a way:
a. Create community and empower entrepreneurship;
B. improving technical and managerial skills; and
.,, c. form and develop educational and training institutions to conduct education, training, counseling, motivation and business creativity, and the creation of new entrepreneurs.
Section 20
Development in design and technology fields as referred to in Article 16 of the paragraph (1) of the letter d is performed with:
., a., a. improving skills in the fields of design and technology as well as quality control;
B. enhance cooperation and technology;
.,, c. enhates the ability of Small and Medium Enterprises in the field of research to develop new design and technology;
., d. provide incentives to Mikro, Small, Medium, and Medium Enterprises that develop technology and preserve the environment; and
., e. encourage the Mikro, Small, and Medium Effort to obtain a certificate of rights to intellectual property.
BAB VII
FINANCING AND THE WARRANTY
The Kesatu section
Financing and Collateral Efforts of Mikro and Small Business
Section 21
.,, (1) The Government and Regional Governments provide financing for the Mikro and Small Effort.
.,, (2) The State-Owed Business Agency may provide financing of the annual profit portion allowance allocated to the Mikro and Small Effort in the form of granting loans, salers, grants, and other financing.
.,, (3) Large national and foreign businesses can provide the financing allocated to the Mikro and Small Effort in the form of granting loans, salers, grants, and other financing.
.,, (4) The Government, Local Government, and the Business World may provide grants, work out foreign aid, and attempt to source other legitimate and non-binding financing sources for the Mikro and Small Effort.
.,, (5) the Government and Local Government may provide incentives in the form of ease of licensing requirements, leniation of tariff means, and other forms of incentives in accordance with the provisions of the laws of the business. which provides financing for the Mikro and Small Enterprises.
Section 22
In order to increase the source of financing of Mikro Enterprises and Small Businesses, the Government is making an effort:
., a., a. the development of the financing source of banking credits and financial institutions instead of banks;
B. the development of venture capital agencies;
c. Institutionalization of the uphill transaction;
., d. the increased cooperation between Mikro Effort and Small Effort through the cooperative save and conventional financial services cooperatives and sharia; and
., e. the development of other financing sources in accordance with the provisions of the laws.
Section 23
.,, (1) To increase the access of the Mikro and Small Effort against the financing sources as referred to in Article 22, Government and Local Government:
.,
., a., a. grow, develop, and expand the network of financial institutions instead of banks;
., b. grow, develop, and expand the reach of the credit guarantor agencies; and
.,, c. provides ease and facilitation in meeting the requirements for obtaining financing.
.,, (2) The World of Business and the Public Works and actively increases the access of Mikro and Small Business towards the loan or credit as referred to in paragraph (1) performed in the manner:
., a., a. improving the ability to compose the study feasibility study;
., b. enhance the knowledge of credit submission procedures or loans; and
c. enhancing the understanding and technical skills as well as managerial efforts.
The Second Part
Mid-Business Financing and Warranty Service
Section 24
The Government and the Local Government are performing Secondary Business empowerment in the field of financing and the disposal by:
., a., a. facilitate and encourage increased labor capital financing and investment through the expansion of source and financing patterns, access to capital markets, and other financing institutions; and
., b. develop a credit guarantor institution, and improve the function of export guarantor agencies.
BAB VIII
PARTNERSHIP
Section 25
.,, (1) Local Government, World Business and Society facilitate, support, and stimulate partnership activities, which need each other, trust, strengthen, and benefit.
.,, (2) Mikro, Small, and Medium Partnership Partnership and the Partnership between the Mikro, Small, and Medium Enterprises with the Great Effort includes the process of taking on the skills in the fields of production and processing, marketing, application, human resources, and Technology.
.,, (3) the Minister and Technical Minister govern the awarding of the Great Effort to undertake partnership with Mikro, Small, and Medium Enterprises through innovation and development of export-oriented products, labor absorption, use of technology Appropriate and environmentally friendly, as well as hosting education and training.
Section 26
The partnership is implemented with the pattern:
a. Plasma;
B. subcontract;
C. franchise;
D. public trade;
e. distribution and agenyness; and
., f. other forms of partnerships, such as: for results, operational cooperation, joint venture, and blockage (outsourcing).
Section 27
Implementation of the partnership with the core-plasma pattern referred to in Article 26 of the letter a, Great Effort as the core of fostering and developing the Mikro, Small, and Medium Effort, to be plasmized in:
a. provision and land preparation;
B. provisioning means of production;
c. Technical guidance of production and business management;
D. acquisition, mastery, and increased technology required;
e. financing;
f. marketing;
G. The copy;
h. information rendering; and
., i. the assistance of other assistance necessary for increased efficiency and productivity and business insights.
Section 28
The execution of a partnership with a subcontract pattern as referred to as Article 26 of the letter b, to produce goods and/or services, the Great Effort provides the support:
a. opportunity to work part of the production and/or its components;
., b. the opportunity of obtaining a continuous raw material with a reasonable amount and price;
c. The guidance and technical capabilities of production or management;
D. acquisition, mastery, and increased technology required;
., e. financing and setting up of a payment system that does not harm any of the parties; and
f. attempt to not commit severing of unilateral relations.
Section 29
.,, (1) The Great Effort that extends its efforts by means of the franchise as referred to in Article 26 of the letter c, provides the opportunity and precede the Mikro, Small, and Medium Enterprises that have the ability.
., (2) franchised and franchise recipients prioritising the use of goods and/or output materials in the country throughout the meeting of the quality of goods and services provided and/or sold under a franchise agreement.
.,, (3) Compulsory Franchisee provides coaching in the form of training, management operational guidance, marketing, research, and development to the franchise recipient continuously.
Section 30
.,, (1) The implementation of a partnership with a general trading pattern as referred to in Section 26 of the d, may be performed in the form of marketing cooperation, the provision of the business location, or the supply receipt of the Mikro, Small, and Medium Enterprises. The big ones are done openly.
.,, (2) The fulfilment of the needs of goods and services required by the Great Effort is done by preferring the procurement of production of Small Business or Mikro Enterprises throughout the meeting of the quality of the goods and services required.
.,, (3) The payment system ' s setting is done by not harming any of the parties.
Section 31
In the implementation of a partnership with a distribution pattern and an agent as referred to in Article 26 of the letter e, the Great Effort and/or Middle Effort provides privileges to market the goods and services to the Mikro and/or Small Effort.
Section 32
In the case of the Mikro, Small, and Medium Effort organizes a joint venture with a foreign party, applicable provisions as set out in the laws.
Section 33
Execution of successful venture partnerships, between the Great Effort with the Mikro, Small, and Medium Effort can be actionable with the chance of ownership of the Great Effort by Mikro, Small, and Medium Enterprises.
Section 34
.,, (1) the partnership agreement is poured in a written agreement that at least governs the activities, rights and obligations of each party, the form of development, term, and settlement of disputes.
.,, (2) the partnership agreement referred to in paragraph (1) is reported to the authorities in accordance with the provisions of the laws.
.,, (3) the partnership agreement referred to in paragraph (1) should not be contrary to the basic principles of Micro, Small, and Medium Enterprises independence and do not create the dependencies of the Mikro, Small, and Medium Effort against the Great Effort.
.,, (4) To monitor the implementation of the partnership as referred to in paragraph (1) and (2), the Minister may form the coordination institution of national and regional enterprises partnerships.
Section 35
.,, (1) the Great Effort is prohibited from owning and/or controlling the Mikro, Small, and/or Medium Enterprises as its business partner in the implementation of the partnership relationship as referred to in Article 26.
.,, (2) Medium Enterprises are prohibited from owning and/or mastering the Mikro Business and/or Small Business Partners of its efforts.
Section 36
., (1) In carrying out the partnership as referred to in Article 26 of the parties have the equivalent legal standing and against them in force of Indonesian law.
.,, (2) the implementation of a partnership is supervised in an orderly and orderly manner by an agency set up and tasked with overseeing business competition as set forth in the laws.
Section 37
The further provisions on the partnership pattern as referred to in Article 26 are set up with Government Regulation.
BAB IX
COORDINATION AND EMPOWERMENT CONTROL
MICRO, SMALL, AND MEDIUM ENTERPRISES
Section 38
.,, (1) the Minister carries out coordination and empowerment control of Mikro, Small, and Medium Enterprises.
.,, (2) The Coordination and Empowerment of Mikro, Small, and Medium Business Enablement as referred to in paragraph (1) is exercised nationally and the regions covering: the preparation and integration of policies and programs, execution, monitoring, and the integration of the Program. evaluation, and general control over the implementation of Mikro, Small, and Medium Enterprises enablement, including the establishment of Mikro, Small, and Medium Business and financing partnerships.
., (3) further provisions of the implementation of the coordination and empowerment control of the Mikro, Small, and Medium Effort are governed by the Government Regulation.
BAB X
ADMINISTRATIVE SANCTIONS AND CRIMINAL PROVISIONS
The Kesatu section
Administrative Sanction
Section 39
.,, (1) the Great Effort which violates the provisions of Article 35 paragraph (1) is subject to administrative sanction of the revocation of the business permit and/or a fine of the most Rp10,000.000.00 (ten billion rupiah) by the authorities.
.,, (2) the Intermediate Business (2) violation of the provisions of Article 35 paragraph (2) is subject to administrative sanction of the revocation of the business permit and/or the most fines of the Rp5,000.000.000.00 (five billion rupiah) by the authority of the authorities.
.,, (3) Further provisions of the order of administrative sanction as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
The Second Part
The Criminal provisions
Section 40
Any self-benefit or other person by claiming or using the Name of the Mikro, Small, and Medium Effort thereby gaining the ease of acquiring funds, business places, business and business activities, or procurement of goods and services. For the government that is reserved for the Mikro, Small, and Medium Enterprises is criminalised with a prison criminal of at least 5 (five) years and the criminal fines of the most Rp10,000.000.00 (ten billion rupiah).
BAB XI
CLOSING PROVISIONS
Section 41
Government regulations as the implementation of this Act are set at least 12 (twelve) months or 1 (one) years since the Act is promulred.
Section 42
By the time the Act came into force, the Republic of Indonesia Law Number 9 of 1995 on Small Business (the State Sheet of the Republic of Indonesia in 1995 Number 74, Extra Gazette of 1995 Number 3611) was revoked and declared no applies.
Section 43
By the time this Act goes into effect, all laws relating to Small and Medium Enterprises are stated to still be in effect as long as do not conflict with the provisions of this Act.
Section 44
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on July 4, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on July 4, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4866 | (Explanation Of State Sheet 2008 Number 93) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 20 YEAR 2008
ABOUT
MICRO, SMALL, AND MEDIUM ENTERPRISES
I. UMUM
.,, National Development aims to realize the equitable and prosperous societies that are evenly distributed materials and spirituates based on Pancasila and the Constitution of the Republic of Indonesia in 1945 in the container of the Republic of Indonesia's Republic of Indonesia which independent, united, and sovereign of the people in a nation of safe, orderly, and dynamic environment in an independent, friendly, and peaceful environment.
.,, a national development that covers the entire aspect of the nation ' s life organized together by the public and the government. The public is the main culprit of development, and the government is obligated to direct, guide, protect, and foster the environment and climate that supports.
.,, Mikro, Small, and Medium Effort are activities that are able to expand jobs and provide extensive economic services to the community, and can play a role in the process of raising and improving community revenue, encourage economic growth, and play a role in realizing national stability. In addition, the Mikro, Small, and Medium Effort is one of the main pillars of the national economy that must obtain the ultimate opportunity, support, protection and development of the vastness as a form of assertive nature to the economic enterprise group. The people, without ignoring the role of the Great Enterprises and the State-owned Enterprises.
.,, Despite the Mikro, Small, and Medium Efforts it has demonstrated its role in the national economy, but still faces a wide range of obstacles and constraints, both internal and external, in terms of production and processing, marketing, human resources, design and technology, the application, as well as the business climate.
., to improve the opportunity, capability, and protection of the Mikro, Small, and Medium Enterprises, have established various policies on the backup of efforts, funding, and development, but not yet optimal. That is because it has not been able to provide adequate protection, assurance, and adequate facilities for the empowerment of Mikro, Small, and Medium Enterprises.
.,, in relation to that of the Mikro, Small, and Medium Effort needs to be empowered in a way:
., a., a. Climate change in support of the development of Mikro, Small, and Medium Enterprises; and
B. the development and coaching of Mikro, Small, and Medium Enterprises.
., as an attempt to improve the capabilities and the role and institutional of the Mikro, Small, and Medium Enterprises in the national economy, then such empowerment needs to be implemented by the Government, the Local Government, the Business World, and the public. Comprehensive, synergistic, and continuous.
.,, In empowering the Mikro, Small, and Medium Effort, all laws related to the Mikro, Small, and Medium Effort are a unit that is complementary to each other with this Act.
.,, the Act was compiled with the intent to empower the Mikro, Small, and Medium Effort. Generally the structure and materials of this Act include the general provisions, principles, principles and goals of empowerment, criteria, climate change of effort, development of efforts, financing and licensing, partnerships, and coordination of empowerment, sanctions Administrative and criminal provisions.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, the letter a
., referred to as "family principle" is the principle that the empowerment of the Mikro, Small, and Medium Effort efforts as part of the national economy is organized based on economic democracy with the principle of togetherness, The efficiency of justice, sustainable, insightful environment, self-reliance, balance of progress, and the unity of the national economy for the welfare of the entire Indonesian people.
Letter b
., referred to as "economic democratic principle" is the empowerment of the Mikro, Small, and Medium Effort to be organized as a unity of the national economic development to realize the prosperity of the people.
Letter c
.,, referred to as "asas togetherness" is the principle that encourages the role of the entire Mikro, Small, and Medium and World Enterprises together in its activities to realize the welfare of the people.
Letter d
., referred to as "fairness efficiency asas" is the principle underlying the implementation of Mikro, Small, and Medium Enterprises empowerment by depanting the efficiency of justice in an effort to realize the climate of fair, conducive and condusting efforts. It's so helpless.
Letter e
.,, referred to as "continuous asas" is the principle that it is a planned process for the process of contemplating through the empowerment of Mikro, Small, and Medium Enterprises that is done continuously so that the economy is formed. Tough and self-sufficient.
Letter f
., referred to as "environment-minded asas" is the enablement of the Mikro, Small, and Medium Effort, which is carried out by staying with regard to and maintaining the protection and maintenance of the environment.
The letter g
.,, referred to as "self-reliance asas" is the empowerment of the Mikro, Small, and Medium Effort which is carried out by keeping and depanting the potential, capabilities, and independence of the Mikro, Small, and Medium Enterprises.
Letter h
., referred to as "the principle of balance of progress" is the principle of empowerment of the Mikro, Small, and Medium Effort which seeks to maintain the economic progress of the region's economic progress in the national economic unity.
Letter i
., referred to as "national economic unity principle" is the enablement of the Mikro, Small, and Medium Enterprises that are part of the development of the national economic unity.
Section 3
.,, pretty clear.
Section 4
.,, pretty clear.
Section 5
.,, pretty clear.
Section 6
.,, Verse (1)
.,, the letter a
., referred to as "net worth" is the result of a total reduction in the total value of wealth (assets) with the total value of the obligation, excluding land and building place venues.
Letter b
., referred to as "the annual sales result" is a net sales result that comes from the sale of its goods and services in a single year of the book.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, the letter a
.,, pretty clear
Letter b
., referred to as "giving leniation of certain infrastructure fares" is a distinction of tariff treatment based on the provisions of the Government and the Regional Government either directly or indirectly by providing leniation.
Article 10
.,, the letter a
., referred to as "data banks and business information networks" are a broad range of business data centers and business information systems owned by the government or private sector.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Article 11
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e.
.,, the bargaining position in this provision is intended to be in cooperation with other parties to have a worthy and mutually beneficial position.
Letter f
.,, pretty clear
The letter g
.,, market enforters and enterprise centralization must be prevented from harming the Mikro, Small, and Medium Enterprises.
Article 12
.,, Verse (1)
.,, the letter a
.,, referred to by "simplifying the layout and the type of permissions", is providing the ease of the requirements and the layout of the permissions as well as the information that is wide.
The "one-door integrated service system" is the process of managing permissions that begin from the application phase to the publishing stage of the document, conducted in one place based on the principle of service as a following:
a. simplicity in the process;
B. clarity in service;
c. certainty of completion time;
D. the cost certainty;
e. safety of the service place;
f. service officer's responsibility;
G. Service completeness and service infrastructure;
h. ease of service access; and
i. Discipline, courtesy, and hospitality of service.
Letter b
.,, pretty clear
Verse (2)
.,, pretty clear
Article 13
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
., referred to by "prioritizing" is to empower Small and Medium Enterprises in accordance with the provisions of the laws.
Letter h
.,, pretty clear
Verse (2)
.,, pretty clear
Section 14
.,, pretty clear.
Article 15
., referred to as "incubators" is an institution that provides new enterprise recuperation services and remote access to the Mikro, Small, and Medium Enterprises as its business partners. Developed incubators include: technology incubators, businesses, and other incubators according to potential and local economic resources.
The "bussines development services-providers" are institutions that provide consulting and assistance services to develop the Mikro, Small, and Medium Enterprises.
In question, "bank partner financial consultants" are consultants on business development agencies whose job is to conduct consulting and assistance to Mikro, Small, and Medium Enterprises to be able to access banking and/or financing services. from a financial institution other than a bank.
Section 16
.,, pretty clear.
Section 17
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, these provisions are intended to have consistency in maintaining the quality of the product.
Letter d
., referred to as "build-up skill" is the ability to design a business activity.
"engineering" is the ability to change a process, or the creation of a product and/or service.
Article 18
.,, the letter a
.,, Research and marketing studies conducted by the Government and Regional Governments covering the potential mapping activities and the power of the Mikro, Small, and Medium Effort aimed at setting Government and Local Government policies For the purpose of developing and expanding and opening new business.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
Section 19
.,, pretty clear.
Section 20
.,, pretty clear.
Section 21
.,, pretty clear.
Article 22
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, in the course of implementation of financing activities for the Mikro Effort under this Act can be developed financial institutions for the Mikro Effort in accordance with the laws.
Section 23
.,, pretty clear.
Section 24
.,, pretty clear.
Section 25
.,, pretty clear.
Article 26
.,, pretty clear.
Section 27
.,, pretty clear.
Article 28
.,, pretty clear.
Article 29
.,, pretty clear.
Article 30
.,, pretty clear.
Article 31
.,, pretty clear.
Section 32
.,, pretty clear.
Section 33
., referred to as "the opportunity of ownership of the shares" was that the Mikro, Small, and Medium Effort got priority in the ownership of the open Great Effort (go public).
Article 34
.,, pretty clear.
Section 35
.,, pretty clear.
Section 36
.,, pretty clear.
Section 37
.,, pretty clear.
Article 38
.,, pretty clear.
Article 39
.,, pretty clear.
Section 40
.,, pretty clear.
Section 41
.,, pretty clear.
Article 42
.,, pretty clear.
Article 43
.,, pretty clear.
Section 44
.,, pretty clear.
