Regional Regulation Number 3 Of 2007

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2007

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd41439e90a350313634323332.html

Microsoft Word-PD-3-07 the GOVERNMENT of KULON PROGO REGENCY of KULON PROGO AREA REGULATION number: 3 YEAR 2007 on LICENSING of INDUSTRIAL and BUSINESS RETRIBUSINYA with the GRACE of GOD ALMIGHTY REGENT KULON PROGO, Considering: a. that in order to provide legal protection and support the realization of a healthy industry business climate is conducive, and required the efforts of coaching, supervision, control and action against the efforts of the industry; b. that one form of effort coaching, supervision, control and action implemented through the licensing mechanism; c. that in granting Business Licensing industry that is based on the goal to cover most costs of organizing, then against awarding Business Licensing Industry subject to Retribution; d. that based on consideration referred to the letter a, the need to establish local regulations Kulon Progo about Licensing of industrial and Business Retribusinya; Remember: 1. Act No. 15 of 1950 on the establishment of the Regional District in the special region of Yogyakarta which has been modified by law number 18 in 1951 about a change of Act No. 15 of 1950 the Republic of Indonesia for the incorporation of the regional area of Kulon Progo Regency Adikarta and become one with the name of Kulon Progo (State Gazette of the Republic of Indonesia in 1951 Number 101);

2 2. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic Indonesia country number 3274); 3. Act No. 9 of 1995 concerning small enterprises (State Gazette of the Republic of Indonesia Number 74 in 1995, an additional Sheet of the Republic of Indonesia Number 3611); 4. Act No. 18 of 1997 on Tax and regional Levies region (State Gazette of the Republic of Indonesia Number 41 in 1997, an additional Sheet of the Republic of Indonesia Number 3685) that had been modified by Act No. 34 of 2000 on changes to the Act No. 6 of 1987 concerning local tax and Regional Levies (State Gazette of the Republic of Indonesia Number 216 in 2000, an additional Sheet of the Republic of Indonesia Number 4048); 5. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674); 6. Act No. 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); 7. 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) which have been modified by Act No. 8 of 2005 about the determination of the Replacement Government Regulations 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 Additional Sheets, the Republic of Indonesia Number 4493) into law (State Gazette of the Republic of Indonesia Number 108 in 2005, an additional Sheet of the Republic of Indonesia Number 4548);

3 8. Government Regulation Number 32 in 1950 about the determination of the Start the enactment of legislation 1950 No. 12, 13, 14, and 15 of the formation of the regional Area County in East/Central/Djawa Barat and the special region of Yogyakarta; 9. 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 3366); 10. Government Regulation number 17 in 1986 about the authority of the arrangement, Construction, and industrial development (Gazette of the Republic of Indonesia Number 23 in 1986, an additional Sheet of the Republic of Indonesia Number 3330); 11. Government Regulation No. 13 of 1995 about the Industrial business license (Gazette of the Republic of Indonesia number 25 in 1995, an additional Sheet of the Republic of Indonesia Number 3618); 12. Government Regulation Number 66 in 2001 about Retribution area (Sheet Republic of Indonesia Number 119 in 2001, an additional Sheet of the Republic of Indonesia Number 4139); 13. the regulation of the Minister of Home Affairs number 15 in 2006 about the type and form of Legal Products Area; 14. Regulation of the Minister of Home Affairs number 16 in 2006 about the procedure for preparing the Legal Product Areas; 15. Regulation of the Minister of the Interior No. 17 of 2006 about local and regional news Sheets; 16. The decision of the Minister of Home Affairs Number 174 in 1997 about the guidelines and the procedures for Voting For the region; 17. The decision of the Minister of industry and trade Number 590/MPP/KEP/10/1999 of provisions and procedures for Granting business license, permits the expansion of the Industry, and Sign a list of Industry; 18. The decision of the Minister of the Interior number 6 in 2003 on guidelines for the construction of civil servant Investigators in the environment of local government;

4 19. Regulations Area Counties Regencies of Kulon Progo number 1 in 1987 about Investigator civil servant at the District Government Environment Regencies of Kulon Progo (Gazette Area of Kulon Progo 1987 Serie D No. 5); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared KULON PROGO REGENCY and KULON PROGO REGENT DECIDED: setting: LOCAL REGULATIONS ABOUT LICENSING of INDUSTRIAL and BUSINESS RETRIBUSINYA. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. is the Area of Kulon Progo. 2. Local Government is the Regent and the Region as organizer of local governance. 3. The Regent was Regent of Kulon Progo. 4. the device is an Area Agency that functions and tasks in the field of industry. 5. Industry is the economic activity that manipulate raw materials, raw materials, semi-finished and/or finished goods, into higher-value goods for its use including the activities of an engineering and architecture industry.

5 6. The Agency is a group of people and/or capital which is the unity of both doing business and not doing business that includes limited liability company, the company komanditer, the company's other State-owned enterprises or areas with your name and any form, firm, peers, cooperatives, pension funds, Association, Assembly, foundations, organizations, social organizations, political or similar organizations, institutions, business form anyway, and other forms. 7. the company is any form of business that is running any type of business that is continuous and fixed and established, working and domiciled in the territory of the Republic of Indonesia, work for the purpose of obtaining profit and/or profit. 8. Industrial company is a business entity that conducts business activities in the field of industrial undertakings that can be shaped as individuals, companies, Association, or legal entities domiciled in Indonesia. 9. Business license next industry abbreviated IUI is permission given to a person or entity to perform the activities of the industry. 10. the list of Industries which further shortened TDI is a letter given to the person or entity to conduct business activities of industry and used interchangeably with IUI. 11. Permit industrial expansion which further shortened to IPI's a permissions granted to industrial companies for expansion above 30% (thirty per hundred) of production capacity in accordance with IUI and TDI have owned. 12. intellectual property hereinafter abbreviated HKI is the rights arising from the results of sports human thought, which include copyrights, patents, brands, industrial designs, trade secrets, and integrated circuits, plant varieties. 13. the area of Retribution hereafter Retribution is a collection area as payment for special services provided and/or provided by local governments for the benefit of private persons/entities.


6 14. Compulsory Levy is a private person or entity according to the laws and regulations required to make a payment Levy Levy. 15. Licensing of certain Levy is retribution over certain activities of local government in the framework of granting permission to the person or entity that is intended for the construction, setting, control, and supervision over the use of space activities, the use of natural resources, goods, infrastructure, facility, or certain facilities in order to protect the public interest and maintaining environmental sustainability. 16. Regional Levies Ordinance Letters which further shortened SKRD is the letter that specifies the magnitude of the Levy Ordinance staple retribution. 17. the Letter further areas Levy Bill abbreviated STRD is a letter to do Bill Levy and/or administrative sanction in the form of interest and/or a fine. 18. The letter of the statutes of the regional Pay Less Levy hereinafter abbreviated to SKRDKB is a decree which sets the magnitude of the Levy payable areas. 19. Letter of the statutes of the regional Pay More Levy hereinafter abbreviated to SKRDLB is the letter that specifies the amount of the excess payment of Levies that arise due to the amount of Levy paid more credit than the Levy owed or not should be payable. 20. The letter of registration of objects of Retribution in the next areas abbreviated SPdORD is a letter that is used by a compulsory Levy to report the data object and compulsory Levy Levy as the basis of calculation and payment of the Levy owed according to the regulations Levy area. 21. Levy Payer Number Area hereinafter abbreviated to NPWRD is the number of compulsory levy to enroll and become an identity for every Compulsory Levy area.

7 22. The examination is a series of activities to search for, collect, process data and/or other information to test the compliance with Tax obligations fulfillment area and Retribution and for other purposes in order to carry out the provisions/regulations and regional retribution. 23. the investigation of criminal acts in the field of Retribution is a series of actions taken by the investigator civil servant who then called Investigators to search for and collect the evidence with the evidence it makes light of the criminal acts in the field of Retribution happening as well as finding should suspect, by pointing out a letter assignment in accordance with the legislation/regulation. CHAPTER II AIMS and OBJECTIVES article 2 defined goals and purpose of the regulation of this area is to build, organize, and supervise the business activities of the industry with the aim to provide protection and legal certainty against the efforts of the industry in order to encourage the advancement of economic development in the region. CHAPTER III SCOPE of BUSINESS INDUSTRY article 3 Industrial Undertakings consist of: a. a small Industry; b. Industrial medium; and c. Large Industry. Article 4 (1) small industries is the industry with the value of the investment business is entirely up to Rp. 200,000,000.00 (two hundred million rupiah) not including land and building businesses.

8 (2) Secondary Industry is the industry with the highest investment venture wholly above Rp. 200,000,000.00 (two hundred million rupiah) to Rp. 5,000,000,000.00 (five billion dollars) not including land and building businesses. (3) major industry is the industry with the highest investment venture wholly above Rp. 5,000,000,000.00 (five billion dollars) not including land and building businesses. Article 5 (1) Industrial Effort can be done by: a. limited liability company (PT); b. the firm (Fa); c. Comanditair Vennootschap (CV); d. Cooperatives; e. Individuals; and f. other business entities. (2) Industrial Undertakings referred to subsection (1) is a non-industrial facilities. CHAPTER IV the TYPE and ORGANIZATION of the LICENSING SERVICES article 6 types of Licensing are: a. the TDI; b. IUI; and c. the IPI. Article 7 (1) small industries with investment value of Rp. entirely venture 5,000,000.00 (five million dollars) up to Rp. 200,000,000.00 (two hundred million rupiah) not including land and buildings, compulsory place of business has a TDI.

9 (2) small industries with investment value the effort entirely under Rp. 5,000,000.00 (five million dollars), not including land and building businesses, it is not compulsory to have TDI. (3) For small industries referred to paragraph (2) may have a TDI if desired without incurring a levy. Article 8 (1) of each medium and large industrial Industry Payers have IUI. (2) the industry referred to subsection (1) may take the form of private business people or entities that are domiciled in the territory of Indonesia. (3) IUI given to industries that have fulfilled the provisions/regulations and has finished building the factory/business place and means of production as well as production ready. Article 9 IUI is given to: a. the industry did business activity located on the grounds of industrial designation; b. industrial land outside the established industrial allocation based on consideration of the location of the source of raw materials; and c. industry which was established due to certain considerations based on the provisions of the regulation/legislation. Article 10 industries that already have IUI and will do the expansion exceeds 30% (thirty per hundred) of production capacity that has been allowed to have mandatory IPI. Article 11 (1) the grant of a TDI/IUI/IPI by Regent. (2) every TDI/IUI/IPI is granted only for 1 (one). (3) the grant of a TDI/IUI/IPI subject to retribution.

10 article 12 are exempt from the provisions of the Compulsory Levy referred to article 11 paragraph (3) to the small industries with investment value the effort entirely up to Rp. 50,000,000.00 (fifty million rupiah) not including land and building businesses, which don't have a TDI/IUI before. Chapter V HOW to ACQUIRE TDI/IUI/IPI Article 13 (1) to derive a TDI/IUI/IPI, applicants apply by filling out the form provided and attach the following requirements: a. the TDI/IUI: 1. copy of Card of residents (KTP) for an individual or a copy of the company certificate for businesses-body of law; 2. copy of the decision of the Endorsement as a legal entity of an authorized officer; and 3. copy of domicile Certificate of the village chief/Head. b. the IPI: 1. copy of IUI; and 2. the industry's expansion plans that meet the requirements of the environment. (2) the provisions of the terms referred to subsection (1) that attach in the form of copy of original document submitted at the time of the filing of the petition. CHAPTER VI PROCEDURES for SUBMISSION of TDI/IUI/IPI articles 14 (1) to derive a TDI/IUI/IPI, applicants applying for and attach requirements referred to Article 13 to the Regent.

11 (2) TDI/IUI/IPI is given on behalf of the applicant. (3) the TDI/IUI/IPI is granted for a period of at least 10 (ten) working days since the receipt of the petition, along with its terms. Article 15 (1) if the period of Article 14 paragraph (3) was run out and TDI/IUI/IPI has not been issued or solicitation TDI/IUI/IPI has not been acted upon, then the petition is considered approved and TDI/IUI/IPI immediately issued without the requirements and additional charges. (2) the petition TDI/IUI/IPI is not acceptable if it does not meet the provisions in question of article 13. (3) the petition TDI/IUI/IPI rejected must be declared in writing accompanied by the reason for denial and communicated to the applicant. CHAPTER VII DURATION and REPLACEMENT of TDI/IUI/IPI article 16 (1) TDI/IUI are valid for the corresponding industrial businesses still run the business activities of the industry. (2) any industrial company that has acquired TDI/IUI at least 3 (three) months calculated from the date of publication of the TDI/IUI is obliged to register the company in the listing of the company. Article 17 (1) when the TDI/IUI/IPI earned the company missing, damaged or unreadable, the companies concerned must apply for a replacement of the TDI/IUI/IPI, in writing, to the Regent.

12 (2) the application for the replacement of the TDI/IUI/IPI is missing, submitted by filling out the application form and attach requirements referred to Article 13 as well as the Loss of Police Affidavits. (3) the application for the replacement of the TDI/IUI/IPI damaged or illegible, submitted by filling out the application form and attach a TDI/IUI/IPI. CHAPTER VIII CHANGES Article 18 INDUSTRIAL COMPANIES (1) Industrial Undertakings which have obtained the TDI/IUI/IPI when making changes the company is obligated to apply the change TDI/IUI/IPI to the Regent at least 3 (three) months since conducted changes. (2) change in industrial companies include: a. the name of the company; b. form of company; c. company address/office location address and industry; d. name of the owner/person in charge; e. owner's address/person in charge; and/or f. value investing effort. CHAPTER IX OBLIGATIONS and RIGHTS of the first part of the obligations and rights of the Regent Bupati obligatory article 19 coaching, supervision, and control over the business activities of the industry.


13 article 20 Regent reserves the right to: a. reject plea/TDI/IUI/IPI by giving a reason penolakannnya; b. give a TDI/IUI/IPI change TDI/IUI; c. provide a warning to the owner of TDI/IUI/IPI; d. freeze TDI/IUI/IPI; and e. revoke TDI/IUI/IPI. The second part of the obligations and rights of the owner of the TDI/IUI/IPI Article 9 every owner of TDI/IUI/IPI compulsory: a. to register his company in a list of companies at least 3 (three) months calculated from the date of publication of the TDI/IUI/IPI; b. list the TDI/IUI/IPI in a place easily visible; c. delivering data/information industry every year on the activities and results of production business to Establishments; and d. report in writing changes in the company. Article 22 the owner of TDI/IUI/IPI are entitled to: a. conduct the appropriate industry/business activity of TDI/IUI/IPI owned; b. obtaining coaching in the execution of industrial business activities; and c. obtain replacement/service changes to the TDI/IUI/IPI.

14. CHAPTER X ADMINISTRATIVE SANCTIONS Article 11 any violation of Regulations in this Area subject to sanctions: a. a written warning, reprimand against a mild offense, without stopping/negate the right of trying; b. freezing of TDI/IUI/IPI in the form of the imposition of sanctions on violations that are being stopped while trying to right; and c. the lifting of TDI/IUI/IPI in the form of the imposition of sanctions on violations that are heavy to negate the rights of trying. Article 24 (1) the criteria the lightweight nature of the violations referred to Article 23 of the letter a is: a. expansion without having permission expansion; b. do not meet the obligations referred to Article 21; c. does not report to the Regent to the changes of the company referred to Article 18; d. doing business activity inconsistent with industry business activities as listed in the TDI/IUI acquired; e. the existence of reports/complaints from an authorized officer or the holder of the INTELLECTUAL PROPERTY that the company in question did breach the INTELLECTUAL PROPERTY; and f. the existence of complaints reports of the competent authority that the company did not meet the obligation in accordance with the taxation/legislation. (2) a written Warning was given as many as three (3) times in a row with a grace period of 1 (one) month. (3) a written Warning issued by the Regent.

15 Article 25 (1) a violation of Criteria are being referred to Article 11 letter b are as follows: a. do not heed the warning referred to Article 24 paragraph (2); and b. reviewed disidang Court because of allegedly infringing the INTELLECTUAL PROPERTY and/or perform other criminal acts related to the activity of his business. (2) are excluded from the provisions referred to the letter a is against violations of INTELLECTUAL PROPERTY. (3) during the TDI/IUI frozen, companies are prohibited from doing business activities of the company and the industry was given a sign that companies are frozen. (4) a period of freezing TDI/IUI for a company referred to in subsection (1) letter a valid for 6 (six) months since the designation was issued freezing TDI/IUI. (5) a period of freezing TDI/IUI for the company referred to subsection (1) applies to the letter b with a court decision that has the force of law. (6) the freezing of TDI/IUI promulgated by the Regent. (7) TDI/IUI that had been frozen can be enforced again if the company in question: a. have heeded a warning by doing repairs and carry out its obligations in accordance with the provisions of the regulations in this Area; and b. found not proven breach of the INTELLECTUAL PROPERTY and/or do not perform other criminal acts relating to his business activities have the force of law. Article 26 (1) a violation of Criteria are weight referred to Article 23 of the letter c is: a. TDI/IUI retrieved based on conditions/data that is not true or false from the company in question;

16 b. company in question did not make improvements after freezing time limit as stipulated in article 25 paragraph (4); c. the company in question had committed environmental pollution as evidenced by dicabutnya Permit interference by the competent authority; and d. the company in question has been sentenced to violation of the INTELLECTUAL PROPERTY and/or criminal justice agencies that have the force of law. (2) for the removal of TDI/IUI/IPI established by the Regent in the absence of a written warning first. (3) a company that had been stripped of TDI/IUI can apply an objection to Regent at the latest 30 (thirty) business days counted from the date of revocation. (4) answer the Regent over the objections of the company's proposed given at least thirty (30) working days since the application for objection is received in writing along with the reasons. (5) in the case of the petition objections received, TDI/IUI which has been revoked, reissued. CHAPTER XI the GRANTING of SIGNING AUTHORITY DELEGATION TDI/IUI/IPI article 27 signing of the giving of the TDI/IUI/IPI delegated by the Governors to heads of Agencies. Article 28 the form and format as well as the registration form TDI/IUI/IPI basing on the provisions/regulations.

17. CHAPTER XII of the first part of the name of the LEVY, The Subject, the object, and a levy on Article 29 (1) with the name of the licensing Industry Effort, Levy charge over services TDI/IUI/IPI. (2) Levy referred to subsection (1) include the Licensing of certain Retribution. Article 30 objects of Retribution TDI/IUI/IPI covers, gift of: a. the TDI/IUI/IPI; and b. the replacement of TDI/IUI/IPI is missing/damaged/unreadable. Article 31 the subject of Retribution TDI/IUI/IPI was an attempt to win the industry Ministry of the object specified Levy article 30. The second part of article 32 Ballots Region Region region is in Levy voting areas.

18 the third section how to measure the level of use of the service Article 33 the great Retribution based on measured value investing effort. Part four Principles and objectives In the determination of the Structure and size of Levy Amount of article 34 (1) Principles and objectives in the determination of the structure and the magnitude of the amount Charged is based on the goal to cover a portion of the cost of the service. (2) the fee referred to subsection (1) include the following: a. the cost of print; b. administrative expenses; c. the cost of field surveys; and d. costs in order coaching, supervision, control and action. The fifth part of the Levy Amount of article 35 (1) the Levy Amount are classified based on the value of the investment effort. (2) the Levy Amount determined as follows: a. each petition TDI/IUI/IPI, defined as follows: No. THIS TYPE of PETITION LEVY 1 2 3 1. TDI IDR 50000.00 (fifty thousand rupiah) 2. IUI 200,000.00 USD (two hundred thousand rupiah) 3. IPI IDR 100,000.00 (one hundred thousand rupiah) 19 b. replacement of TDI/IUI/IPI lost or damaged are set as follows: No. TYPES of REPLACEMENT LEVY 1 2 3 1. TDI IDR 25000.00 (twenty-five thousand rupiah) 2. IUI IDR 100,000.00 (one hundred thousand rupiah) 3. IPI IDR 50000.00 (fifty thousand dollars) Article 36 when the Levy payable is at the time of publication or other document SKRD equated. The sixth section the procedures for determination of the Levy Article 37 (1) every applicant for a permit fill the provided SPdORD. (2) after the SPdORD is filled in completely and correctly as well as eligible, to the applicant are given NPWRD. (3) the form, content and procedures for filling and filing SPdORD referred to subsection (1) are defined by the Regent. Article 38 (1) SPdORD is used as the basis to establish the magnitude of retribution. (2) based on the SPdORD referred to subsection (1) is payable by publishing the Retribution enacted SKRD or other documents which are used interchangeably. (3) if upon inspection results there was an error calculating the magnitude of Retribution which caused the number of Levies owed, then issued SKRDKB.

(4) the form, content and procedures for issuing SKRD or other documents used interchangeably referred to paragraph (2) and SKRDKB referred to paragraph (3) laid down by the Governors. The seventh part of the procedures for voting and Payments Article 39 (2) Eritreans Retribution cannot be diborongkan. (2) Levy imposed by using SKRD or other documents used interchangeably and SKRDKB. (3) the payment of Levies owed should be repaid at once at the time of service of the object Levy received and upon the activities of the auction takes place. (4) the payment of the Levy paid in Cash into the region. The eighth section of the Billing Procedures of article 40 (1) of the object against the specified Levy Article 26 by which time specified are not paid by the subject of Retribution done billing retribution. (2) Levy Billing done after 7 (seven) days since the payment is due by issuing letters of reprimand/warning/other similar letters as early action implementation of billing by the designated Officer. (3) within a period of 7 (seven) days after the date of the letter of Reprimand/warning/other similar letters, the compulsory Levy should pay Retribusinya owed.


the ninth Section 21 Mind Article 41 (1) Compulsory Levies may file an objection to Regent over SKRD or other documents which are used interchangeably, SKRDKB and SKRDLB. (2) an objection is filed in writing in the Indonesian Language accompanied with clear reasons. (3) in the case of compulsory Levy filed objections over the provision of compulsory Levies, Levies must be able to prove the untruth of that Levy Ordinance. (4) an objection filed within at least 2 (two) months from the date of the document or other SKRD equated, SKRDKB and SKRDLB were published, unless the Mandatory levy on certain time period may indicate that it cannot be fulfilled due to circumstances beyond his control. (5) Objections that do not meet the requirements referred to paragraph (2), (3) and (4) not considered letters of Objection and not considered. (6) the filing of an objection does not suspend the obligation of paying the Levy and implementation of billing retribution. Article 42 (1) Regent for a period of at least 3 (three) months from the date of the letter of Objection received to give decision on objections submitted. (2) the decision of the Regents over the objections can be either entirely or partially accept, reject or add to the magnitude of the Levy owed. (3) if the period of paragraph (1) has passed and the Regent did not give a decision, an objection filed is deemed granted.

22 the tenth part of a refund of Overpayment of article 43 (1) Top overpaid Levies, compulsory Levies may apply for a refund of the excess payment of Levy to the Regent. (2) the Governors within a period of at least 1 (one) months from the receipt of the application for refund of excess payment of the Levy have to give a decision. (3) if the period of paragraph (2) has elapsed and the Regent did not give a decision, requests for refund of excess payment of levy deemed granted and SKRDLB must be published within a period of at least 1 (one) month. (4) if the Compulsory Levy have debt other levies, direct retribution overpayment calculated to pay off the debt the levy in advance. (5) the refund of the excess payment of retribution done within a period of at least 2 (two) months from the publication of SKRDLB. (6) If a refund of the excess payment of retribution done after a period of 2 (two) months, Governor gives in return for an interest rate of 2% (two per hundred) each month over delays in payment of the excess levy. Article 44 (1) the application for refund of overpaid levies proposed in writing to the Regent with at least mention: a. NPWRD; b. the name and address of the Compulsory Levy; c. the time of Retribution; d. magnitude of overpayment; and e. a short and clear reasons.

23 (2) the application for refund of excess payment of levy delivered directly or through registered mail. (3) the receipt by the Agency Head or proof of delivery of the registered mail is proof of when the petition is received by the Regent. Article 45 (1) refund of any overpayment of retribution done by publishing a warrant Paying the excess Levy. (2) if the excess payment of levies calculated with debt other levy as referred to Article 39 paragraph (4) the payment is made by way of transfer funds and proof of transfer funds is also valid as proof of payment. The eleventh part of date Billing Article 46 (1) right to do billing Retribution, expiring after beyond a period of three (3) years counted since terutangnya Retribution, unless Compulsory Levies do criminal acts in the field of retribution. (2) the expiration specified Levy billing paragraph (1) tertangguh if: a. diterbikannya letter or letter of reprimand and forced; or b. the existence of Compulsory levy on debt acknowledgement Levy directly or indirectly.

24. CHAPTER XIII the ADMINISTRATIVE FINE of Article 47 (1) the delay over the TDI/IUI administrative penalty of 2% (two per hundred) of the Levy amount for each month of delay. (2) Fines referred to subsection (1) are set with Cash deposited to STRD and area. CHAPTER XIV of the CRIMINAL PROVISIONS of article 48 (1) every person or entity that intentionally violate the provisions of article 7 paragraph (1), article 8 paragraph (1), article 10, article 16 paragraph (1), or article 21 the letter c, is liable to a penalty of imprisonment of not longer than 5 (five) years or a maximum fine of Rp. 25,000,000.00 (twenty five million dollars) and an additional penalty of revocation of TDI/IUI/IPI. (2) any person or entity due to negligence violate article 7 paragraph (1), article 8 paragraph (1), article 10, article 16 paragraph (1), or article 21 subparagraph c, criminal punishment threatened with confinement of not longer than 1 (one) year or a maximum fine of IDR 1,000,000.00 (one million rupiah) with an additional penalty of revocation of TDI/IUI/IPI. (3) Compulsory Levies that are not to the detriment of financial responsilities Area threatened criminal confinement of not longer than 6 (six) months or a maximum fine of 4 (four) times the amount of Levy payable. (4) a criminal offence referred to subsection (1) is a crime. (5) the criminal offence referred to paragraph (2) and (3) is a violation of. (6) the criminal provisions of paragraph (1) and (2) do not remove obligations to comply with the Rules as set forth in this area.

25. CHAPTER XV of the INVESTIGATION PROVISIONS of article 49 (1) of the particular civil servant Officials in the local government environment 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. (2) the authority Investigators referred to subsection (1) is: a. receive, seek, collect and examine information or reports with regard to criminal acts in the field of Retribution so that such reports or information becomes more complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with a criminal offence in the field of Retribution; c. requesting information and evidence from a private person or entity with respect to any criminal action in the field of Retribution; d. examine the books, records and other documents relating to criminal acts in the field of Retribution; e. conducting the search to obtain evidence bookkeeping, record keeping and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of Retribution; g. sent stop and/or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of the person and/or documents taken as stated on the letter e; h. photographing someone who deals with criminal acts in the field of Retribution; i. call the people to be heard and examined his statement as a suspect or a witness;

26 j. held the cessation of investigation after receiving instructions from the Republic of Indonesia Police Investigators that there was no sufficient evidence or such events does not constitute a criminal offence and thereafter through 1988, Areas and inform the public prosecutor, the suspect or his family; and k. any other action necessary to the smooth proceedings of criminal acts in the field of Retribution by law responsible. (3) the investigator referred to subsection (1) notify the commencement of investigation and gives 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. CHAPTER XVI TRANSITIONAL PROVISIONS article 50 (1) of the companies which apply for obtain the TDI/IUI/IPI which are in the process of completion before the establishment of this Area, mandatory Regulations apply to the Regent of the new Cq. Heads of establishments to obtain a TDI/IUI/IPI based on local regulations. (2) the TDI/IUI which was published at the time of less than 5 (five) years before he set up the regulation of this area, is still valid until at least 5 (five) years since the TDI/IUI in question was published. (3) the TDI/IUI which was published at the time more than 5 (five) years before he set up the regulation of this area, is still valid until at least 12 (twelve) months from the Regulatory area is set. CHAPTER XVII the CONCLUDING PROVISIONS of article 51 of the regulation of this area comes into force on the date of promulgation.


27 in order for everyone to know, ordered the enactment of regulations in this Area with its placement in the piece area of Kulon Progo Regency. Set in. on February 5, 2007 Approved by mutual agreement of the regional House of representatives Kulon Progo Regency and Kulon Progo Regent number: 05/PB/PARLIAMENT/2006 05/PB/X/2006 date: October 7, 2006 about: approval of the draft regulation to the area of Kulon Progo about: 1. the conduct of the Auction of fish and Retribusinya 2. Business license trading and Retribusinya 3. Licensing of industrial and Business Retribusinya 4. Sign companies list and its administrative Costs based on the results of the evaluation of the Governor of Yogyakarta special region with Letter Number 188.342/4186, October 31, 2006: the results of the evaluation of the design of Perda Kab. Kulon Progo in 2006, and Number 188.342/5162, December 27, 2006: the results of the evaluation (Pencermatan) against which the Perda Kab. Kulon Progo in 2006. Enhanced by the decision of the Chairman of the House of representatives the area of Kulon Progo numbers: 1/Pimp. PARLIAMENT/2007 date: 3 February 2007 about the Refinement of the draft Regulation: the area of Kulon Progo in 2006 about: 1. Business license trading and Retribusinya 2. Licensing of industrial and Business Retribusinya 3. Sign companies list and its administrative Costs REGENT KULON PROGO, h. TOYO SANTOSO DIPO 28 GAZETTE AREA of KULON PROGO number ... ... ... ... .... Year ... .... Series ... ... Enacted in Wates on. PLT. REGIONAL SECRETARY of the REGENCY of KULON PROGO, AGUS ANGGONO 29 EXPLANATION of APPLICABLE LOCAL KULON PROGO number: 3 YEAR 2007 on LICENSING of INDUSTRIAL and BUSINESS RETRIBUSINYA i. GENERAL industry sectors is one of the factors supporting the success of regional development, it is therefore necessary the effort of construction, reform, and the scrutiny so that the business climate created by the industry is healthy and dynamic so that it is capable of menumbuhkembangkan investor interest/trade industry to increase its capital. In the framework of the achievement of the growth of the industry, the licensing aspects come into play an important role. The role will be aware, the licensing aspect of it must be able to provide the motivation that can encourage and attract investors to infuse capital in the industrial sector, and therefore had to get coaching in. That licensing is one of the tools of wisdom when used efficiently will be an effective tool to drive the development of the corporate world into a field that really supports the development. Through the efforts of the arrangement, construction, and industrial development is done, the local authorities direct the business climate for the creation of the industry as a healthy and steady. With the industry's business climate like that, it is hoped the industry can provide a great stimulus to create jobs, foster public confidence towards its own capabilities and strengths in building industry. In the framework of the implementation of the reform, construction, and supervision over licensing referred to above and with the aim to close based on the portion of costs, then for the licensing industry is subject to a Levy. Based on the above considerations need to set local regulations Kulon Progo about Licensing of industrial and Business Retribusinya.

30 II. The SAKE ARTICLE ARTICLE article 1 article 2 is pretty clear pretty obvious article 3 sufficiently clear article 4 Article 5 paragraph is quite clear (1) sufficiently clear paragraph (2) is the venture industry facilities are an industry that is not burdened by the obligations of the Government in the form of: 1. Import duty upon importing machines, equipment, and raw materials; 2. Income tax (PPh) for certain business areas investment and/or in specific areas; 3. fiscal facilities for the region; and 4. Value added tax (VAT) on the import of capital goods and equipment manufacturer. Article 6 article 7 quite obviously quite clear article 8 article 9 is pretty clear pretty obvious article 10 article 11 is pretty clear pretty obvious article 12 Article 13 is quite clear Enough clear 31 Article 14 Article 15 is pretty clear pretty obvious article 16 Article 17 is pretty clear pretty clear Article 18 article 19 clearly Quite clear enough article 20 Article 21 is pretty clear pretty obvious Article 22 Article 23 is quite clear clear enough Article 24 Article 25 is quite clear Enough Obviously Article 26 article 27 quite clear clear enough Article 28 Article 29 clearly Enough sufficiently clear article 30 article 31 pretty clear pretty clear 32 Article 32 Article 33 obviously Quite clear enough Article 34 Article 35 is pretty clear pretty obvious Article 36 Article 37 is clear enough sufficiently clear Article 38 Article 39 quite clearly pretty clear pretty clear article 40 Article 41 Article 42 is pretty clear pretty obvious Article 43 Article 44 clearly Enough sufficiently clear Article 45 Pretty obvious Article 46 Article 47 is pretty clear pretty obvious Article 48 Article 49 is quite clear Enough clear 33 article 50 Article 51 clearly Enough pretty clear ooo000ooo