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Regional Regulation Number 3 Of 2007

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2007

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COUNTY GOVERNMENT KULON PROGO

COUNTY REGULATION KULON PROGO

NUMBER: 3 YEAR 2007

ABOUT

THE INDUSTRIAL AND RETRIBUTARY EFFORTS

WITH THE GRACE OF THE ALMIGHTY GOD

BUPATI KULON PROGO,

Draws: a. that in order to provide legal protection and

support the health of a healthy industrial enterprise and

conducive, necessary coaching, supervision,

control and management efforts against industrial enterprises;

b. that one form of coaching, oversight,

control and management efforts are exercised through the mechanism

licensing;

c. that in the granting of Industrial Business Effort

is based on the purpose of closing a portion of the charges

hosting, then against the Perizinan Effort

Industry is subject to Retribution;

d. that is based on the mean of the letter a, need

set the Kulon Progo County Regulation on

The Industry and its Retributary Effort;

Given: 1. Law No. 15 Year 1950 of the Establishment

District Regional District in Special Area Environment

Jogjakarta which had been amended with Act No. 18

Year 1951 on Change Act No. 15

In 1950, the Republic of Indonesia for the Regional Merge

The Regency of Kulon Progo and Adikarta became one

Regency with the name Kulon Progo (State Sheet

Republic of Indonesia in 1951 Number 101);

2

2. Law No. 5 of 1984 on Industry

(Gazette of the Republic of Indonesia in 1984 No. 22,

Additional Leaf Republic of Indonesia State Number 3274);

3. Law Number 9 of 1995 on Small Effort

(Gazette Of The Republic Of Indonesia In 1995 Number 74,

Extra Of The Republic Of Indonesia State Number 3611);

4. Law No. 18 of 1997 on Regional Taxes

and Levy Area (Sheet Country Republic Of Indonesia

Year 1997 Number 41, Additional Republican Sheet Republic

Indonesia Number 3685) which has been amended with Invite-

Invite Number 34 Year 2000 on Changes To The Invite-

Invite Number 18 Of 1987 On Regional Taxes And

Retribution Of The Area (Sheet State Of The Republic Of Indonesia Year

2000 Number 216, Additional Republican Sheet

Indonesia Number 4048);

5. Law No. 23 of 1997 on Management

Environment (sheet Of State Of The Republic Of Indonesia Year

1997 Number 68, Additional Gazette Republic Of The Republic

Indonesia Number 3699);

6. Law Number 10 Year 2004 on Establishment

Regulation (Republican Gazette

Indonesia Year 2004 Number 53, Extra State Sheet

Republic Indonesia Number 4389);

7. Law No. 32 Year 2004 on Governance

Regions (State Sheet of Indonesia 2004

Number 125, Additional Gazette of the Republic of Indonesia

Number 4437) which has been amended by Act Number

8 Years 2005 on Establishing Replacement Government Regulations

Act Number 3 of 2005 on Change of Upper

Act Number 32 of 2004 on Governance

Regions (State Sheet of the Republic of Indonesia Year 2005

Number 38, Additional Gazette of the Republic of Indonesia

Number 4493) be an Act (State Sheet

The Republic of Indonesia 2005 No. 108, additional

sheet of state of the Republic of Indonesia No. 4548);

3

8. Government Regulation No. 32 of 1950 on Redemption

Start to Act 1950 Law Number 12, 13, 14, and

15 of Hal Establishment of County District in Djawa

East/Central/West and Special Region of Jogjakarta;

9. Government Regulation No. 27 of 1983 on

Implementation of Law No. 8 Year 1981 on

Law of Criminal Events (State Sheet of the Republic of Indonesia

1983 Number 36, Extra Gazette Republican State

Indonesia Number 3268);

10. Government Regulation No. 17 Year 1986 on

Regulatory Authority, Coaching, and Development

Industry (State Sheet of the Republic of Indonesia in 1986

Number 23, Additional Gazette Republic of Indonesia

Number 3330);

11. Government Regulation No. 13 Of 1995 on Approval Of Effort

Industry (Sheet State Of The Republic Of Indonesia In 1995

Number 25, Additional Sheet Republic Of Indonesia

Number 3596);

12. Government Regulation Number 66 of 2001 on Retribution

Area (Sheet State Of The Republic Of Indonesia In 2001

Number 119, Addition Of The Republic Of The Republic Of Indonesia

Number 4139);

13. State Minister Rule Number 15 of 2006 on

The type and Forms of Regional Law Products;

14. The Law of the Interior Minister Number 16 of 2006 on

The Procedure of Local Law Products;

15. State Minister Rule Number 17 of 2006 on

Area Sheet and Regional News;

16. The decision of the Home Minister Number 174 in 1997

about the Guidelines and the Regional Attribution Methods;

17. Decision of the Minister of Industry and Trade Number

590/MPP/KEP/10/1999 on the Terms and Conditions

Giving Industrial Permit, Enlargement permission, and List Marks

Industry;

18. The decision of the Minister of the Interior Number 6 of 2003 on

Guidelines of Coaching Of Civil Servants Investigators in

The Local Government Environment;

4

19. Regional District Law II Kulon Progo

Number 1 of 1987 on Investigations of Civil Servers in

Environment of the Provincial Government Level II Kulon Region

Progo (Leaf District County Kulon Progo Year) 1987

No. 5 Series D);

With Joint Approval

THE REGIONAL PEOPLE REPRESENTATIVE COUNCIL

THE COUNTY OF KULON PROGO

AND

BUPATI KULON PROGO

DECIDED:

Establits: REGIONAL REGULATIONS REGARDING BUSINESS LICENSING

THE INDUSTRY AND ITS RETRIBUTARY.

BAB I

provisions of UMUM

Article 1

In this Region Regulation referred to:

1. The area is Kulon Progo County.

2. The Regional Government is the Regent and the Regional Device as

the organizer of the Regional Government.

3. " Bupati is the regent of Kulon Progo.

4. An instance is a Regional Device institution that has a function

and a task in the industrial field.

5. Industry is an economic activity that processes raw materials,

raw materials, half-became and/or goods so, to be

items of higher value for their use including

build-up activities and adhesives. industry.

5

6. A body is a set of people and/or capital that is

a force of either undertaking or not

undertaking a business that includes limited liability, liability

commander, other company, Entity Owned Country or

Regions with any name and form, firm, kongsi, cooperative,

pension fund, fellowship, sorority, foundation, organization

mass, political social organization, or similar organization,

institute, form Fixed effort, and any other body shape.

7. A Company is any form of effort that runs any

a fixed and continuous type of effort and that

established, working as well as a position within the State of the Union

of the Republic of Indonesia, for the purpose of obtaining profit and/

or profit.

8. An Industrial Company is an enterprise that performs activities

efforts in the field of individual-shaped industrial enterprises,

a company, fellowship, or legal entity based in

Indonesia.

9. The next Industrial Business permit (IUI) is a permit

which is given to people or bodies to perform activities

industry.

10. The next List of Industries (TDI) is a letter

given to people or bodies to conduct activities

industrial enterprises and interfall with the IUI.

11. The next Industrial Extension permit (IPI) is licensed

granted to industrial enterprises to perform

expansion above 30% (thirty per hundred) of the capacity amount

production in accordance with IUI and The TDI has been owned.

12. The later intellectual property rights of HKI are

the rights arising from the outcome of the human mind, which includes the rights

copyright, patents, brands, industrial design, trade secrets, integrated circuits,

and plant varieties.

13. The Regional Levy further called the Retribution is

the Regional levy as payment of services specifically

provided and/or granted by the Local Government for

the interests of the person's personal /body.

6

14. Mandatory Retribution is a person or person according to

Retribution laws are required to

make a Retribution payment.

15. A certain licensing levy is a levy on certain activities

The Local Government in order to grant permissions to the person

or the body intended for coaching, setting,

control, and oversight of activities utilization of space,

use of natural resources, goods, infrastructure, means, or

specific facilities to protect the general interest and keep

environment preservation.

16. The next issue of the Regional Levy Act is abbreviated

SKRD is the Retribution license that specifies the magnitude

subject of Retribution.

17. The next Regional Levy Bill (STRD

) is a letter to conduct a Retribution and/or sanctions bill

administration of interest and/or fine administration.

18. Next

abbreviated SKRDKB warrant is the decision letter that specifies

the magnitude of the affected Regional Retribution.

19. The next More Pay Area Reposition Letter

abbreviated as SKRDLB is the determining Letter of Determination

the number of excess Retribution payments arising from the amount

Retribution credit is more paid than The debt owed or

is not supposed to be in debt.

20. Next

(SPdORD) is a letter used by the Mandatory Service

Retribution to report the data of Retribution and Wajib

Retribution as the basis of calculation and payment. Retribution

owed according to the Attribution Laws

Regions.

21. The next Mandatory Principal Number of the Regions is abbreviated

NPWRD is the mandatory number of levies registered and

being the identity for any Compulsory Regional Levy.

7

22. An examination is a set of activities to search,

collect, process data and/or other captions to

test compliance compliance with Regional Taxation obligations and

Retribution and for other purposes in order implement

the provisions/laws of the Regional Taxation and

Retribution.

23. The investigation of the criminal activity is a series of

actions conducted by the Civil Service Investigator who

subsequently called the Investigator to search and collect

the evidence that with the evidence was made. light of the criminal activity in

the field of Retribution that occurred and found its suspect,

by appointing a duty letter as per the provisions/regulations

laws.

BAB II

INTENT AND PURPOSE

Section 2

The intent and purpose of these Regional Regulations is to

fostering, organize, and supervise industrial business activities with

the purpose of providing protection and legal certainty against

industrial enterprises in order to drive development progress

the economy in the Regions.

BAB III

SCOPE OF INDUSTRIAL ENDEAVOUR

Article 3

Industry Effort consists of:

A. Small Industry;

b. Medium Industry; and

c. Large Industries.

Article 4

(1) Small Industries is industry with venture investment value

entirely up to Rp. 200,000.000.00 (two hundred million

rupiah) does not include land and building sites.

8

(2) Medium industry is an industry with business investment value

entirely above Rp. 200,000.00 (two hundred million rupiah)

up to Rp. 5.000.000.00 (five billion rupiah) not

included ground and building venues.

(3) The Great Industry is an industry with an effort investment value

entirely above Rp. 5.000.000.00 (five billion rupiah) not

including ground and building place.

Article 5

(1) The Industrial Business may be performed by:

a. Limited Liability (PT);

b. Firm (Fa);

c. Comanditair Vennootschap (CV);

d. Cooperative;

e. Individual; and

f. Other entity.

(2) Industrial Business is referred to as paragraph (1) is the Non-Industrial Business

facility.

BAB IV

TYPE AND HOSTING OF THE LICENSING MINISTRY

Section 6

The Perizinan type is:

a. TDI;

b. IUI; and

c. IPI.

Article 7

(1) Small Industries with an overall venture investment value of

Rp. 5.000.000.00 (five million rupiah) up to

Rp. 200,000.000.00 (two hundred million rupiah) does not include land

and the building where the business is, it is mandatory to have a TDI.

9

(2) Small industry with an investment value entirely under Rp.

5.000.000.00 (five million rupiah) does not include land and buildings

places of business, are not required to have a TDI.

(3) For Small Industries referred to a paragraph (2) may have a TDI if

willed without being subjected to Retribution.

Article 8

(1) Any Major Industry and Great Industry is required

IUI.

(2) Industry referred to a paragraph (1) may be the form of a private person

or an entity based in the region of Indonesia.

(3) IUI is provided to the industry that has met

provisions/laws and have completed

build the factory/place of production and means of production and have

be ready for production.

Article 9

IUI was given to:

a. The industry that performs business activities is located on the land

industrial forage;

b. industry established outside the industrial area

based on consideration of the source location of raw materials; and

c. industries established due to certain considerations based on

regulatory provisions/laws.

Article 10

Industry which has IUI and will make an expansion

exceeds 30% (thirty per hundred) of the production capacity that

has been allowed to have an IPI.

Article 11

(1) Giving TDI/IUI/IPI by Regent.

(2) Each TDI/IUI/IPI is given for only 1 (one) industrial field.

(3) The granting of TDI/IUI/IPI is subject to Retribution.

10

section 12

excluded from the provisions of the Compulsory Levy referred to Section 11 paragraph

(3) to the Small Industry with an overall investment value

up to Rp. 50,000.000.00 (fifty million rupiah) is not

including land and building places, which have not yet been

TDI/IUI before.

BAB V

TATA CARA OBTAINED TDI/IUI/IPI

Article 13

(1) To obtain TDI/IUI/IPI, the applicant submitted

request by filling out the form provided and

attaching the requirements as following:

a. TDI/IUI:

1. Resident tags coffee photo (KTP) for the individual

or a coffee photo of the company's founding account for the business

with the legal entity;

2. Coffee photo Decisions Call of Concern as Legal Body

from the authorized Officer; and

3. Copy of the Head of the Domisili Letter from the Head

Village/Lurah.

b. IPI:

1. IUI coffee photo; and

2. the industry expansion plans that meet the requirements

environment.

(2) The terms of the terms of the terms referred to a paragraph (1) that attach it to

a copy of the coffee photo is delivered by showing the original document

at the time of submission application.

BAB VI

TATA CARA FILING TDI/IUI/IPI

Section 14

(1) To obtain TDI/IUI/IPI, the applicant submitted

the request and attaching the requirement to be Article 13

to the Regent.

11

(2) TDI/IUI/IPI is given on behalf of the applicant.

(3) TDI/IUI/IPI is given in the slowest 10

(ten) business days since the acceptance of the application and

in full terms.

Section 15

(1) If the term of Section 14 paragraph (3) has expired and

TDI/IUI/IPI has not yet been issued or the TDI/IUI/IPI plea

has not been received, then the request is considered approved and

TDI/IUI/IPI was promptly issued without the requirements and fees

additional.

(2) the application of the tDI/IUI/IPI is not accepted if it does not meet

the provisions referred to Section 13.

(3) the rejected tDI/IUI/IPI request must be stated

written with a reason for rejection and relayed to

petitioner.

BAB VII

TERMS AND REPLACEMENTS OF TDI/IUI/IPI

Article 16

(1) TDI/IUI applies during the industrial enterprises concerned still

running industrial business activities.

(2) Any industry company that has acquired the most TDI/IUI

slow 3 (three) months counting on the release date

TDI/IUI is required to register its company in the

Enterprise List.

Article 17

(1) If the TDI/IUI/IPI acquired the company is missing, damaged or

unread, the company in question must submit

a request for the replacement of TDI/IUI/IPI in writing to

Regent.

12

(2) The missing TDI/IUI/IPI replacement request, submitted

by filling the application form and attaching

the terms of Article 13 and the Letter of Loss

of the Police Service.

(3) The defective TDI/IUI/IPI replacement request or not

reads, is submitted by filling the application form and

attaching the original TDI/IUI/IPI.

BAB VIII

THE INDUSTRIAL ENTERPRISE CHANGE

Article 18

(1) Industrial Business that has acquired TDI/IUI/IPI if

doing a change in the company is required to submit

a TDI/IUI/IPI change request to the Bupati the slowest

3 (three) months since the change.

(2) The change in industrial enterprises includes:

a. company name;

b. form of a company;

c. corporate address/office and industrial location address;

d. owner/responsible name;

e. the owner's address/responsible address; and/or

f. effort investment value.

BAB IX

LIABILITIES AND RIGHTS

The First Section

The Liability and Rights Act

Article 19

The Regent is required to conduct coaching, supervision, and control

for industrial business activities.

13

Article 20

Bupati reserves the right:

a. reject the request/TDI/IUI/IPI by giving a reason

its rejection;

b. provide TDI/IUI/IPI a change of TDI/IUI;

c. gives a warning to the owner of TDI/IUI/IPI;

d. freezing the TDI/IUI/IPI; and

e. Pulled the TDI/IUI/IPI.

Second Section

Owner and Rights of the TDI/IUI/IPI

Section 21

Any TDI/IUI/IPI owner is mandatory:

a. lists the company in the Enterprise List of the most

slow-3 (three) months counting the start date of

TDI/IUI/IPI;

b. listed TDI/IUI/IPI in an easy viewing place;

c. deliver industry data/information every year regarding

activities and venture production results to Instancy; and

d. reported in writing the company changes.

Section 22

Owner TDI/IUI/IPI reserves the right:

a. conduct activities/industrial enterprises according to TDI/IUI/IPI which

is owned;

b. obtaining coaching in the performance of business activities

industry; and

c. obtaining replacement/change services over TDI/IUI/IPI.

14

BAB X

SANCTION ADMINISTRATION

Article 23

Any violation of the Regional Regulation is sanctioned:

a. a written warning, a reprimand of a breach that

is light, without stopping/negation of the right to seek;

b. The TDI/IUI/IPI freeze is sanctioned against

a violation that is temporarily haling

the time of the right to try; and

c. revocation of TDI/IUI/IPI is the imposition of sanctions against

a violation of which the TDI is suspended. It is heavy that negate the right to try.

Section 24

(1) The misdemeanor Criteria is referred to Article 23

the letter a is:

a. have expanded without having an expansion permit;

b. not to meet the obligations referred to Article 21;

c. does not report to the Regent against the changes

the company referred to Article 18;

d. doing industrial business activities does not match

venture activities as listed in the TDI/IUI that

by it;

e. the presence of reports/complaints from authorized officials or

holders of HKI that the company is concerned

committing a violation of HKI; and

f. the presence of a complaint from an authorized official

that the company does not meet the obligations

taxation under the provisions of/legislation.

(2) The written warning is given as much as 3 (three) times in a row

with a time of 1 (one) month.

(3) The written warning is issued by the Regent.

15

Section 25

(1) The violation of the violation of Article 23

the letter b is as follows:

a. not heeded the warning referred to Section 24 of the paragraph (2);

and

b. examined at the Court hearing for being charged with performing

a violation of HKI and/or committing another criminal offence

in relation to his business activities.

(2) Excluded from the terms of the letter a is against

HKI violation.

(3) As long as TDI/IUI is frozen, the company is banned from doing

industrial enterprise activities and company doors are given a sign that

the company is frozen.

(4) The term of the TDI/IUI freezing time for the company is intended

in paragraph (1) the letter a valid for 6 (six) months counts

from the issuer of the TDI/IUI freeze designation.

(5) The term of the TDI/IUI freezing time for the company is intended

paragraph (1) letter b valid until the ruling

the court has a fixed legal force.

(6) Freezing TDI/IUI was issued by the Regent.

(7) The frozen TDI/IUI can be reapplied

if the company is concerned:

a. have heeded the warning by performing an improvement

and carrying out its obligations in accordance with the provisions

Rule of this Region; and

b. was declared not to be proven to be in violation of HKI

and/or not committing any other criminal acts that

relates to its business activities that have had

a fixed legal force.

Article 26

(1) The weightweight Criteria referred to Section 23 of the letter c

is:

a. TDI/IUI is acquired under the untrue provisions/data

or false from the company in question;

16

b. The company in question does not make improvements

after overtaking the freezing time limit as

referred to in Section 25 of the paragraph (4);

c. The company concerned has done the pollution

the environment attested with the mention of the Disruption License

by the authorized officer; and

d. The company concerned has been sentenced to

a violation of HKI and/or criminal by a judicial body that

has had a fixed legal force.

(2) The revocation of the tDI/IUI/IPI is set by the Regent without any

first written warning.

(3) The TDI/IUI revoked company may submit

requests for objection to the Bupati the slowest 30 (three

twenty) days of work date from the revocation date.

(4) A Bupati answer for the company ' s proposed objection is given

at least 30 (three The day of work since the application

objections are received in writing accompanied by the reasons.

(5) In the event of an accepted objection, the TDI/IUI which has been

revoked, reissued.

BAB XI

SIGNING THE SIGNING AUTHORITY

AWARDING TDI/IUI/IPI

Section 27

The signing of TDI/IUI/IPI is delegated by Regent

to Chief Instancy.

Article 28

The form and format as well as the TDI/IUI/IPI registration form

base it on the provisions/laws.

17

BAB XII

LEVY

First Section

Name, Golongan, Object, and Subject Levy

Section 29

(1) With the name of the Perizinan Business Attribution Industry, levied

for TDI/IUI/IPI services.

(2) Retribution is referred to a paragraph (1) including the levy category

certain permissions.

section 30

The object of the tDI/IUI/IPI levy includes, awarding:

a. TDI/IUI/IPI; and

b. unread TDI/IUI/IPI replacement.

Article 31

The subject of the tDI/IUI/IPI levy is an industry effort that

obtaining services for the Retribution object is referred to Section 30.

Part Second

The polling area

Article 32

The Retribution Area is in the area of the Region.

18

The Third Section

How To Measure The Usage Level

Article 33

Large Retribution is measured based on the investment value of the venture.

The Fourth Quarter

The Principles and the Objectives in the Structure of the Structure and

magnitude tarip retribution

Article 34

(1) The Principles and objectives in the designation of structure and magnitude of the tarip

Retribution is based on the purpose of closing a portion of the cost

Service.

(2) The charges referred to a paragraph (1) include:

a. print fee;

b. administration fee;

c. Field survey costs; and

d. expenses in the order of coaching, supervision, control

and forwarding.

Fifth Quarter

Tarip Retribution

Article 35

(1) Tarip Retribution is classed based on venture investment.

(2) The Retribution Tarip is specified as follows:

a. every TDI/IUI/IPI application, is set as follows: NO. JENIS

PLEA

LEVY

1 2 3

1. TDI Rp. 50,000.00 (fifty thousand rupiah)

2. IUI Rp. 200,000.00 (two hundred thousand rupiah)

3. IPI Rp. 100,000.00 (hundred thousand rupiah)

19

b. missing or broken TDI/IUI/IPI replacement is specified

as follows: NO. JENIS

REIMBURSED

LEVY

1 2 3

1. TDI Rp. 25.000.00 (twenty-five thousand rupiah)

2. IUI Rp. 100,000.00 (hundred thousand rupiah)

3. IPI Rp. 50,000.00 (fifty thousand rupiah)

Article 36

When the debt Retribution is at the publication of SKRD or

another document is published.

Part Sixth

Tata Cara Retribution

Article 37

(1) Each applicant fills the SPdORD provided.

(2) Once the SPdORD is filled in complete and correct and meets

terms, to the applicant is given NPWRD.

(3) The form, content and layout of the filling and delivery of the SPdORD

referred to a paragraph (1) is specified by the Regent.

Article 38

(1) SPdORD is used as the basis for setting the magnitude

Retribution.

(2) Based on the SPdORD referred to a paragraph (1) specified Retribution

owed by publishing SKRD or any other document

at the same time.

(3) If based on the results of the check there is an error

counting the Retribution's magnitude which causes the amount

Retribution is incurred, then it is issued SKRDKB.

20

(4) The form, content and layout of the SKRD issuer or other document that

is referred to a paragraph (2) and SKRDKB referred to a paragraph (3)

specified by the Regent.

The Seventh Part

Tata Cara

Article 39

(1) The Attribution cannot be bornted.

(2) Retribution is levied by using SKRD or the document

another that is interred and SKRDKB.

(3) The debt Retribution Payment must be repaid at once at

when the service of the Retribution is received and at the time

the auction event is taking place.

(4) The Retribution Payment is tuned to the Regional Kas.

Eighth section

The billing way

Article 40

(1) Against the services of the Attribution Object is referred to Article 26 which

at the time determined not to be paid by the Retribution subject conducted

billing Retribution.

(2) The billing of the Levy is performed after 7 (seven) days since fall

the tempo of payment by issuing a reprimand letter/warning/

another similar letter as the start of the execution act

billing by the designated Acting Officer.

(3) Within 7 (seven) days after the Teguran/

similar warning/other letter, Compulsory Retribution must pay off

The debt retributary.

21

Part Ninth

Objection

Article 41

(1) Mandatory Retribution may submit objections to the Regents over

SKRD or other relevant documents, SKRDKB and

SKRDLB.

(2) Objection is submitted in Indonesian language with

with clear reasons.

(3) In terms of the Compulsory Retribution for the provisions

retribution, the mandatory retribution must be prove

The attribution of the Attribution Determination.

(4) Objection in the slowest term 2 (two)

months from the date of SKRD or any other relevant document,

SKRDKB and SKRDLB are published, unless the Wajib

Certain Retribution may indicate that the term

cannot be met because of the state outside of his power.

(5) Objection that does not meet the intended terms of verse (2),

(3) and (4) is considered to be non-objection and not

is considered.

(6) objections do not delay paying liability

Retribution and Retribution billing.

Section 42

(1) The Count is in the slowest term of 3 (three) months since

the date of the Mail An acceptable objection must be made to a decision

(2) The Regent's decision over the objection may be accepted

in whole or in part, refusing or adding to the magnitude

The owed Retribution.

(3) If the term of the paragraph (1) has passed by and the Count

does not provide A decision, an objection to which

is considered granted.

22

Tenth Section

Return Overpayment

Article 43

(1) Over the excess payment of retribution, it is mandatory for retribution

to apply for a refund of excess

Retribution payment to Regents.

(2) The regent in the slowest term of 1 (one) month since

received a return request for excess

Retribution payments must provide a decision.

(3) If the term of such a paragraph (2) has passed and the Count

does not provide a decision, return request

on excess payment of retribution is considered granted and

SKRDLB must be published in the slowest term of 1

(one) month.

(4) If the Compulsory Levy has a debt other retribution,

the excess payment of retribution is directly calculated to

pay off first the debt of that levy.

(5) The return of the excess payment of retribution is performed

in the most timeframe slow 2 (two) months since

by the publication of SKRDLB.

(6) If the return of the excess payment of retribution

is done after a period of 2 (two) months, the Count

provides a interest rate of 2% (two per hundred) each

the month over late payment excess retribution.

Article 44

(1) Requests of return for overpayment of retribution

are submitted in writing to the Bupati with at least

mentions:

a. NPWRD;

b. the name and address of the Compulsory Retribution;

c. Retribution;

d. the magnitude of the excess payment; and

e. The reasons are short and clear.

23

(2) Requests for return for overpayment of retribution

delivered directly or via the recorded post.

(3) Evidence of receipt by Chief Instancy or proof of postal delivery

is recorded as proof when the request is accepted by the Regent.

Article 45

(1) The return of the excess payment of the levy is performed

by publishing the Letter of Paying Excess

Retribution.

(2) If the excess payment of the levy is taken into account with

another debt levy as referred to Section 39 paragraph (4)

the payment is done by means of the transfer of the books and the evidence

the transfer of the book also applies. as proof of payment.

Section Eleventh

Expiration Billing

Section 46

(1) The Right to perform Retribution billing, expires after

beyond the term 3 (three) Years from the time

Retribution, except as Compulsory Retribution performing

criminal activity in the field of Retribution.

(2) The expiry of Retribution is specified (1) is resilient

if:

a. published a letter of reprimand and or a forced letter; or

b. the recognition of retribution debt from Compulsory Retribution

directly or indirectly.

24

BAB XIII

FINES ADMINISTRATION

Article 47

(1) The delay over TDI/IUI is subject to administration fines of

2% (two per hundred) of Retribution tarips for each month

delay.

(2) Denda referred to a paragraph (1) specified with STRD and tuned to

the Regional Kas.

BAB XIV

CRIMINAL provisions

Section 48

(1) Any person or body intentionally violates the terms of the

Article 7 of the paragraph (1), Section 8 of the paragraph (1), Section 10, Section 16 of the paragraph (1), or

Article 21 of the letter c, is threatened with the prison criminal penalty of the most

long 5 (five) year or fine at most Rp. 25.000.000.00

(twenty-five million rupiah) with additional penalties

revocation of TDI/IUI/IPI.

(2) Any person or entity due to its negligence in violation of Article

7 paragraph (1), Section 8 of the paragraph (1), Section 10, Section 16 of the paragraph (1), or Article

21 c, is threatened with the penultimate confinement

1 (one) year or a fine of at least Rp. 1,000.000.00 (one

million rupiah) with additional punishment revocation of TDI/IUI/IPI.

(3) The mandatory retribution that does not carry out its obligations so that

harms the Regional financial threat of the most criminal confinement

long 6 (six) months or a fine of at most 4 (four) times

the amount of the owed Retribution count.

(4) Criminal Tindak referred to a verse (1) is a crime.

(5) The penal felon is referred to a paragraph (2) and (3) is a violation.

(6) the penal provisions are verses (1) and (2) do not remove

the obligation to meet the provisions as set in

Rule of this Region.

25

BAB XV

provisions INQUIRY

Article 49

(1) Certain civil servants civil servants in the Government environment

The area is given special authority as Investigators for

perform A criminal investigation in the field of Retribution,

as intended in the Event Law Act

Criminal Code.

(2) The Authority of the Investigators referred to a paragraph (1) is:

a. receiving, searching, collecting and researching the information

or the report with respect to the field

Retribution to the description or the report to be more

complete and clear;

b. Research, search and collect information about

a person or body about the correctness of actions that

performed in connection with a criminal activity in the field

Retribution;

c. requesting the caption and the evidence from private person or

body in connection with a criminal conduct in the field of Retribution;

d. examine the books, records and documents

other with regard to the criminal conduct in the field of Retribution;

e. Executing a search for evidence

bookkeeping, logging and other documents, and

forfeiture of such evidence;

f. ask for expert power help in order to perform tasks

investigation of criminal conduct in the field of Retribution;

g. ask to stop and/or prohibit someone from leaving

the room or place at the time of the examination

take place and check the identity of the person and/or the document

that is brought as referred to in the letter e;

h. Photographing a person with respect to a criminal activity in the

field of Retribution;

i. calling people to be heard of his attachment and checked

as a suspect or a witness;

26

j. hold a termination of the inquiry after receiving

directions from the Indonesian Police Investigator that not

there is sufficient evidence or event not to be

a criminal offence and subsequent to the Regional PPNS

notifying it to the General Prosecuting,

the suspect or his family; and

k. perform other actions that need to agility

investigate criminal conduct in the field of Retribution according to the law

in charge.

(3) Investigators as contemplated by paragraph (1) notify

commencement of the investigation and Deliver the results of the investigation

to the Public Prosecutor via the State Police Officer

The Republic of Indonesia, in accordance with the provisions set in

The Criminal Event Law Act.

BAB XVI

provisions TRANSITION

Article 50

(1) Against the company that is applying for to

obtain the TDI/IUI/IPI which is in the process of completion

prior to the completion of this Local Regulation, it is required to submit

a new request to the Count of Cq. The head of the Agency for

obtained TDI/IUI/IPI based on this Region Regulation.

(2) TDI/IUI which has been published in less than 5 (five)

years prior to the release of this Regional Regulation, still remain

in effect up to the slowest 5 (five) years since TDI/IUI

is referred to be published.

(3) TDI/IUI which has been published in more than 5 (five)

years prior to the release of this Regional Regulation, still remain

in effect up to the slowest 12 (twelve) months since

This Regional Regulation is set.

BAB XVII

provisions CLOSING

Article 51

The Regulation of the Regions begins to apply on the date of the promulcings.

27

For everyone to know, order the invitational

Rule of the Area with its placement in the Area Sheet

The district of Kulon Progo.

Set in the Wates.

on February 5, 2007

Agreed with the Joint Agreement of the Regional People's Representative Council

Kulon Progo regency and the Regent Kulon Progo

Number: 05 /PB/DPRD/2006 05 /PB/X/2006

Date: October 7, 2006

About: Approval of the District Regional Regulation Design

Kulon Progo about:

1. The hosting of the Fish Auction and

Retributary

2. The Trade and Tributary Permit

3. Its Industry and Its Retributary Licensing

4. List of Companies and Administrative Expenses

Based on the evaluation results of the Governor of the Yogyakarta Special Region with

Letter Number 188.342/4186, dated 31 October 2006, Hal: Evaluation Results

against Perda Design Kab. Kulon Progo in 2006, and Number

188.342/5162, dated December 27, 2006, Hal: Results Evaluation (Pencermatan

Return) to the Kab Perda Design. Kulon Progo in 2006.

Perfected by Decision of Chairman of the People's Representative Council

Regional District of Kulon Progo

Number: 1/Pimp.DPRD/ 2007

Date: February 3, 2007

About: Completion of the District Regional Regulation Design

Kulon Progo in 2006 about:

1. The Trade and Tributary Permits

2. Its Industry and Its Retributary Licensing

3. Mark of the Company List and its administrative expenses

BUPATI KULON PROGO,

H. TOYO SANTOSO DIPO

28

COUNTY SHEET KULON PROGO

NUMBER ........ YEARS ... SERI ......

Updated on Wates

on the date.

PLT. COUNTY SECRETARY

COUNTY KULON PROGO,

AGUS PROFONO

29

EXPLANATION

UP

THE COUNTY REGULATION OF KULON PROGO COUNTY

NUMBER: 3 YEARS 2007

ABOUT

THE INDUSTRY AND ITS RETRIBUTARY EFFORTS

I. UMUM

The industrial sector is one of the support factors for development success

The area, therefore required coaching, management and surveillance efforts

in order to create a healthy and dynamic industrial enterprise. So that

grow investors ' interest/investor interest in adding

in its capital.

In order to achieve industrial growth, the licensing aspect plays

the role of the important role. Aware of the role, this aspect of licensing should be

able to provide motivation that can drive and attract investors

to instill in the industry sector, and should therefore get

coaching Directionally.

That permissions are one of the tools of wisdom that

efficiently used will be an effective tool to move

the development of the business world into a truly supportive field. development.

Through the efforts of setting, coaching, and the development of the industry

done, the Regional Government directs for the creation of an industrial enterprise climate

in a healthy and steady way. With an industrial enterprise such as that, industry expected

can provide great stimuli in creating a workspace that

vast, cultivating community confidence in capabilities and strength

alone in the Build an industry.

In order for the execution of coaching, publishing, and supervision of the permissions

referred to above and by based on the purpose of closing a portion of the cost,

then for industry licensing Attribution.

Based on those considerations above need to set

Kulon Progo County Regulation on Industrial Business Licensing and

Its Tributary.

30

II. SECTION BY SECTION

Article 1

Quite clearly

Article 2

Pretty clear

Article 3

Pretty clear

Article 4

Quite clear

Section 5

paragraph (1)

Clear enough

paragraph (2)

The intended non-facility industry business is an industry that is not

encumbered by the Government's obligations:

1. Import duties on importing machines, equipment, and raw materials;

2. Income Tax (PPh) for the capital cultivation of certain business fields

and/or in certain areas;

3. fiscal facilities for the region; and

4. Value Added Tax (PPN) for the import of capital goods and equipment

factories.

Article 6

Pretty clear

Article 7

Pretty clear

Article 8

Pretty clear

Article 9

Pretty clear

Article 10

Quite clear

Article 11

Quite clear

Article 12

Clear enough

Article 13

Quite clear

31

Article 14

Pretty clear

Article 15

Pretty clear

Article 16

Pretty clear

Article 17

Pretty clear

Article 18

Quite clear

Article 19

Quite clear

Article 20

Pretty clear

Article 21

Pretty clear

Article 22

Pretty clear

Article 23

Quite clear

Article 24

Quite clear

Article 25

Quite clear

Article 26

Clear enough

Article 27

Pretty clear

Article 28

Quite clear

Article 29

Quite clear

Article 30

Clear enough

Article 31

Quite clear

32

Article 32

Pretty clear

Article 33

Quite clear

Article 34

Quite clear

Article 35

Quite clear

Article 36

Quite clear

Article 37

Quite clear

Article 38

Clear enough

Article 39

Pretty clear

Article 40

Quite clear

Article 41

Quite clear

Article 42

Quite clear

Article 43

Quite clear

Article 44

Clear enough

Article 45

Quite clear

Article 46

Quite clear

Article 47

Quite clear

Article 48

Clear enough

Article 49

Quite clear

33

Article 50

Pretty clear

Article 51

Clearly enough

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