Applicable Local Number 16 In 2008

Original Language Title: Peraturan Daerah Nomor 16 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd7615ef6081fc313634343031.html

APPLICABLE LOCAL PROVINCES...............

GOVERNMENT REGULATION of the MALUKU PROVINCE AREA of MALUKU PROVINCE number: 16 in 2008 ABOUT the SUPERVISION, control and CIRCULATION of ALCOHOLIC BEVERAGES by the GRACE of GOD ALMIGHTY the MALUKU GOVERNOR, Considering: a. that the use of alcoholic beverages without limitation and control can lead to the disruption of security and public order of society and one of the factors that give rise to moral decadence and is detrimental to public health; b. that to prevent the above then the coaching efforts should be increased, the setting, control and supervision of the circulation of alcoholic drinks in order to protect the interests of the community and public order;

160 c. that in order to support the effectiveness of the implementation of the surveillance, control and circulation of alcoholic beverages, so do levy; d. that based on considerations as referred to the letters a, b and c, the need to assign the supervision, control and regulation of liquor Circulation area of Maluku province; Remember: 1. Act No. 20 of 1958 concerning the determination of the Emergency Law number 22 in 1957 about the formation of the Autonomous Region level I the Moluccas (Republik Indonesia Country Gazette 1958 Number 79, State Gazette of the Republic of Indonesia an additional 1617) jo. Act No. 46 of 1999 regarding the establishment of the North Maluku province, Buru Regency Southeast Maluku Regency and West (Gazette of the Republic of Indonesia year 1999 Number 169, State Gazette of the Republic of Indonesia an additional 3890) jo. Act No. 40 of 2003 concerning the establishment of the District to the West, the County's spooky Spooky Eastern section and district 161 Aru Islands in Maluku province (State Gazette of the Republic of Indonesia Number 155 in 2003, an additional Sheet of the Republic of Indonesia Number 4350); 2. Law No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 3. Act No. 23 of 1992 on health (State Gazette of the Republic of Indonesia Number 100 in 1992, an additional Sheet of the Republic of Indonesia Number 3495); 4. Act No. 18 of 1997 on Tax and regional Levies Area jo Act No. 34 of 2000 on changes to the Act No. 18 of 1997 on Tax and regional Levies. (State Gazette of the Republic of Indonesia Number 246 in 2000, an additional Sheet of the Republic of Indonesia Number 4048);

162 5. Act No. 10 of 2004 concerning the formation of Laws-invitation (Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 6. 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 regulation of the Government Substitute Act No. 3 of 2005 about the change in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 38 in 2005, an additional Sheet of the Republic of Indonesia Number 4493) which has been established by Act No. 8 of 2005 (State Gazette of the Republic of Indonesia Number 108 in 2005 Additional Sheets, the Republic of Indonesia Number 4548) jo. Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government 163 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 7. 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); 8. Act No. 31 of 2007 on the establishment of the town of Tual in Maluku province (State Gazette of the Republic of Indonesia Number 97 in 2007, an additional Sheet of the Republic of Indonesia Number 4747); 9. Act No. 31 of 2008 about the formation of the Maluku Regency Southwest Maluku province (State Gazette of the Republic of Indonesia Number 104 in 2008, an additional Sheet of the Republic of Indonesia Number 4877); 10. Act No. 32 of 2008 about the formation of the County in South Buru Maluku province (State Gazette of the Republic of Indonesia Number 105 in 2008, an additional Sheet of the Republic of Indonesia Number 4878); 11. Government Regulation Number 66 in 2001 about Retribution area (State Gazette of the Republic of Indonesia Year 2001 164 Number 109, additional sheets of the Republic of Indonesia Number 4139); 12. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578); 13. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government 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); 14. Local regulations Maluku province number 03 of 2007 on the establishment of the Organization and the Work of the Regional Office-Office of Maluku province;

165 Approval together with REPRESENTATIVES of the REGIONAL GOVERNOR of MALUKU And MALUKU PROVINCE DECIDED: setting: LOCAL REGULATIONS REGARDING SUPERVISION of MALUKU PROVINCE, the CONTROL and CIRCULATION of alcoholic beverages. CHAPTER I GENERAL PROVISIONS article 1 in this rule is meant by: 1. The area is an area of Maluku province; 2. Local Government is the Governor and the region as organizer of local governance; 3. The Governor is the Governor of Moluccas; 4. Department of Revenue is the revenue Office of Maluku province; 5. the Department of industry and Department of industry and trade is trade in Maluku province; 6. Alcoholic beverages are all types of Beverages containing ethanol levels are divided into three groups, namely: 1 The A that is an alcoholic beverage that contains ethanol levels 1% to 5%;

166 2 of Group B that is an alcoholic beverage that contains ethanol levels above 5% to 20%; 3 in Group C, namely alcoholic beverages containing ethanol levels above 20% up to 55%; 7. Manufacturers of alcoholic drinks is a company that can only transmit alcoholic beverages to distributors and distributors; 8. Alcoholic beverages Distributor is a company that distributes alcoholic beverages may only be to a Sub Distributor and retailer of alcoholic beverages; 9. Sub Distributors of alcoholic beverages is a company that can only transmit alcoholic beverages to retailers or sellers of alcoholic beverages; 10. Retailers of alcoholic beverages is a company that sells alcoholic beverages retail groups B and C; 11. Berlakohol drink vending is a company that sells alcoholic beverages retail groups B and C to be drunk at the places of sale; 12. Traditional alcoholic beverage is a drink that is produced by the Community industry, home appliances, drinks and food artisans who have not registered with the Ministry of health; 13. the Controller ID is issued by local governments stuck in each packaging of alcoholic beverages; 14. Governing Supervisory Team is a team of Trustees Governing Liquor Maluku province;

167 15. The approval is the amount of income/expenditure and the circulation of alcoholic beverages in the province of Maluku, which is set by regulation of the Governor to the Distributor and the Distributor; 16. Control is an effort or action to prevent the occurrence of things that can harm as a result of the use of alcoholic beverages; 5. Supervision is an attempt or activity to find out and assess the actual reality regarding the insertion of the circulation and sale of alcoholic beverages; 18. Action is action or efforts to regulate revenue, circulation and sale of alcoholic beverages is carried out by traders of alcoholic beverages through the Distributor, Distributor, retailer and Sub seller; 19. cash is Cash Area Maluku province; 20. the container is Packaged as a place for alcoholic beverages in the form of bottles, cans or other forms including the lid. CHAPTER II SUPERVISION article 2 alcoholic beverages referred to in article 1 letter f in this Area is the Regulation of alcoholic beverages that income and its distribution by the Distributor and the Distributor is as good in supervision so that requires written consent as purveyors of alcoholic beverages from the Governor.


168 Chapter 3 monitoring and control of income and distribution of alcoholic beverages and alcoholic beverages traditionally carried out by an integrated Team that was formed by a decision of the Governor. Article 4 (1) a written Appointment as suppliers as referred to article 2 above provided to businesses engaged in the trading business, which was established in accordance with the provisions of the applicable legislation; (2) the designation as a supplier referred to subsection (1) of this article is provided to merchants Distributors and Distributor of alcoholic beverages. Article 5 (1) of the Ordinance and the terms for obtaining designation as suppliers are set more by Regulation of the Governor; (2) the application for designation as a supplier, addressed to the Governor through the Department of industry and trade with a mention about the number, types and brands with the attach: a. Permit the great Traders of alcoholic beverages; b. business establishment Certificate for incorporated businesses; c. Trade Business Licences alcohol (SIUP-MB); d. places of Business Licence (SITU); e. Tax Payer Number (NPWP); f. Letter Sign list of companies; g. list of Sign Warehouse; h. Tax Payer Number (NPWC).

169 article 6 (1) the expiration of appointment as a supplier is for 1 (one) year counted from the date of publication and can be extended; (2) the designation as a supplier referred to subsection (1) which will be expired, be extended selambat the latest three (3) months before the expiry of the validity period. Article 7 (1) Appointment as a supplier as referred to article 5 of the regulation of this area cannot be moved hand over to another party; (2) the amount of alcoholic beverages being entered shall not exceed the amount set out in the decision letter of appointment as a supplier; (3) Designation as a supplier of alcoholic beverages referred to in article 5 of the regulation of this area can be revoked by the Governor: a. at the request of its own; b. Violates the provisions in the decision granting approval and applicable provisions. CHAPTER III of the OBJECT and the SUBJECT of a LEVY on article 8 (1) All liquor circulation must be placed in such a way with lists the names of 170 or brand a clear and taped the sign controller which is issued by the local government; (2) upon the granting of labels/signs Mark Levy imposed controller Controllers and Curbing of alcoholic beverages. Article 9 the object of Retribution are: a. all types of alcoholic beverages in Group A; b. all types of alcoholic beverages in Group B; c. all types of alcoholic beverages in Group c. Article 10 the subject of Retribution is a private Person or entity that acquires the permissions (recommended) from the local government with the number and type of alcoholic beverages is allowed to circulate in the province of Maluku. CHAPTER IV PRINCIPLES of designation, STRUCTURE and SIZE of the TARIFF article 11 principle of the determination of the structure and magnitude of tariff levy is based on the goal to cover the cost of printing the label as a sign of controllers and other costs in the implementation of monitoring, control and surveillance, reform of alcoholic beverages.

171 article 12 (1) the use of Any form of service agreement revenue and circulation of alcoholic beverages subject to Retribution; (2) the magnitude of the Levy referred to subsection (1) of this article is: a. for Group A, of:  small bottles/cans of Rp. 1250.0-Big Bottle  Rp. 1500.0-b. For Group B, of:  small bottles/cans of Rp. 1400.0-Big Bottle  Rp. 1750.0-c. For The C, rate:  small bottles/cans of Rp. 1750.0-Big Bottle  Rp. 2000.0-chapter V LEVY LEVY Article 13 (1) of the poll conducted by levy Authority of Department of industry and trade; (2) Service Area Revenue Maluku province published a letter of the statutes of the regional Levy (SKRD) as a sign of a legitimate payment towards the deposit charged for alcoholic beverages (RMB) at the Regional Office of Cash income.

172 articles 14 (1) the results of the plebiscite levy referred to in article 13 of the regulation Area is divided between the Government of the province with the Government district/municipality as follows:-70% for provincial governments; -30% for the Government district/city; (2) For the results of the levy referred to subsection (1) above by considering the potential Equalization and further regulated by regulation of the Governor. CHAPTER VI REDUCTION, RELIEF and DELIVERANCE LEVY Article 15 (1) the Governor may grant a reduction, relief and Liberation of retribution; (2) the procedures for administering the reduction, exemption and relief levy referred to subsection (1), further defined by regulation of the Governor. CHAPTER VII PROCEDURES for the CIRCULATION of ALCOHOLIC BEVERAGE article 16 (1) of all types of alcoholic beverages must be placed in circulation in the packaging in such a way with the name or brand of clear and taped the sign controller issued local governments;

173 (2) the amount and type of liquor that recommendations circulated in Maluku province further defined by regulation of the Governor to pay attention to the aspects of health and public order and public security. CHAPTER VIII prohibitions Article 17 (1) the location of the place of business of the retailers and sellers of alcoholic beverages prohibited adjacent to houses of worship, schools, government offices and houses of residents; (2) The consumers of alcoholic beverages is prohibited to drink alcohol outside of the place of sale, dijalan-jalan and other areas that are considered prone to crime and could disrupt public order. Article 18 (1) traditional Drinks (liqueurs) circulated and traded; (2) traditional Drinks (liqueurs) can only be used for the purposes of indigenous ceremonies throughout does not interfere with the safety and order of society and obtained the permission of the police.

174 CHAPTER IX REQUIREMENTS GOVERNING SIGNS article 19 (1) the determination of the form, descriptions, size and colour of the sign controller set more by the decisions of the Governor; (2) color mark handler for each type of alcoholic beverage are distinguished according to the. Article 20 (1) on the controller assigned seat to avoid forgery; (2) governing Sign serves as a valuable object. Article 21 alcoholic drinks that has no sign of illegal alcoholic beverages classified drivers and should be confiscated and destroyed in accordance to applicable legal procedures. CHAPTER X P a Y E N I D I K A N Article 22 (1) of the particular civil servant Officials surroundings of local Government was authorized as a special investigator to conduct the investigation of criminal acts in the field of levy, referred to in the law of criminal procedure;

175 (2) authority of the investigator as referred to in subsection (1) is set in accordance with the legislation in force; (3) the investigator as referred to in paragraph (1) provides investigation and the submission of the results of penyidikannya to the public prosecutor's Office Police officials through the Republic of Indonesia in accordance with the provisions set forth in the law of criminal procedure in force. CHAPTER XI of the CRIMINAL PROVISIONS Article 23 the compulsory levy that is not responsilities, to the detriment of the financial area threatened criminal confinement of not longer than 6 (six) months or a maximum fine of 4 (four) times the amount of levy payable. CHAPTER XII CLOSING PROVISIONS Article 24 with the enactment of the regulations in this Area, then the applicable local level I Province Maluku number 03 in 1995 about controlling and Curbing of liquor in the province level I Areas of Maluku was revoked and declared invalid Article 176 25 things that have not been provided for in the regulation of this area is all about their implementation will be further regulated by regulation of the Governor. Article 26 of the regulation of this area comes into force on the date of promulgation; So that every one who knew it, ordered the enactment of regulations in this Area with its placement in the piece area of Maluku province. Confirmed in Ambon on December 30, 2008 the GOVERNOR of Moluccas, Cap/KAREL ALBERT RALAHALU ttd Enacted in Ambon on December 30, 2008 the REGIONAL SECRETARY of the Moluccas, Cap/ttd Nn. ROSA FELISTAS FAR-FAR SHEET REGION of MALUKU PROVINCE in 2008 NUMBER 16 177 EXPLANATION of REGULATORY REGIONS of MALUKU PROVINCE number: 16 in 2008 ABOUT PEMGAWASAN, the CONTROL and CIRCULATION of ALCOHOLIC BEVERAGES I. OVERVIEW based on Act No. 34 of 2000 on changes to the Act No. 18 of 1997 on Tax and regional Levies Regional jo Government Regulation Number 66 in 2001 about Levy County, local governments in carrying out the task of governance development is given the authority to explore the potential of the region as a source of reception area that can support the financing of the expenditure areas. According to Law Number 32 of 2004 concerning Regional Government, Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and local governments and Government Regulation Number 38 in 2007 about Government Affairs Pembangian Between Central Government, local governments of the provinces and local government district/city, then


178 having regard to the potential and diversity with a broad authority, real and responsible professionally so that needs to be regulated utilization of Regional resources as income potential areas including surveillance, control and circulation of alcoholic beverages. Supervision, control and circulation of alcoholic beverages provided by local authorities is one of the potential sources of revenue in order to finance the Organization of the Government and regional development which is basically not only into the Affairs of the local government as the parties establish and charge a levy on the region, but also with regard to community participation in regional development. Through the levy, control and supervision of the circulation of alcoholic beverages can improve the performance of local government in providing service to the community, as well as on the giliranya can improve the welfare of society. II. description the SAKE ARTICLE ARTICLE article 1 sapai with article 26: sufficiently clear.

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