Regulation Of The Minister Of Tourism And Creative Economy No. 2 By 2014

Original Language Title: Peraturan Menteri Pariwisata dan Ekonomi Kreatif Nomor 2 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c512d816c20bbdb313233333436.html

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Back NEWS REPUBLIC of INDONESIA No. 74, 2014 KEMENPARENKRAF. Business Hotel. The Sharia. Providence. Guidelines for the REGULATION of the MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA number 2 by 2014 ABOUT CONDUCTING ISLAMIC HOTEL BUSINESS GUIDELINES with the GRACE of GOD ALMIGHTY and the CREATIVE ECONOMY MINISTER of TOURISM of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the competitiveness of the tourism destinations in Indonesia that has natural beauty, cultural diversity and the largest muslim population in the world as well as making the attraction of Shariah in Indonesia as major destinations for tourists of the world;
b. that the tourism industry stakeholders, both the Government of Indonesia Ulema Council, private and all elements of society, working together to develop Islamic tourism businesses;
c. tourism venture that Sharia is a concept integrating Islamic values into tourism activities by providing facilities and services in accordance with the provisions of the Islamic Sharia;
d. that the existence of a memorandum of understanding between the Ministry of tourism and Creative Economy with the National Islamic Council-the Assembly of Indonesia Ulema (DSN-MUI) number of NK KS 11/001/URW.PEK/2012, and number B – 459/DSN-MUI/XII/2012 about Tourism development and socialization of Syariah, necessary arrangements regarding the Organization of the Islamic Hotel Business;
e. that based on considerations as referred to in letter a, letter b, letter c, letter d and need to set a regulation of the Minister of tourism and Creative Economy Business Hotel Providence Guidelines about Sharia;
Remember: 1. Act No. 10 of 2009 about Tourism (State Gazette of the Republic of Indonesia number 11 in 2009, an additional Sheet of the Republic of Indonesia Number 5141);
2. Government Regulation Number 50 in 2011 on a National Tourism Development master plan (State Gazette of the Republic of Indonesia Number 125 in 2011, an additional Sheet of the Republic of Indonesia Number 5262);
3. Government Regulation Number 52 in 2012 about the Certification of competence and certification Efforts in the field of tourism (State Gazette of the Republic of Indonesia Number 105 in 2012, an additional Sheet of the Republic of Indonesia Number 5311);
4. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended last presidential regulation Number 55 by 2013 regarding changes to the four Top presidential regulation Number 47 in 2009 about the formation and organization of the Ministries;
5. Regulation of the Minister of tourism and Creative Economy Number am. 07/001/HK MPEK/2012 about the Organization and the work of the Ministry of tourism and the Creative Economy;
6. Regulation of the Minister of tourism and Creative Economy Number PM. HM. 53/001/MPEK/2013 on standard Business Hotel;
7. Regulation of the Minister of tourism and Creative Economy number 1 2014 about conducting of Business Tourism Certification;
Decide: define: REGULATION of the MINISTER of TOURISM and CREATIVE ECONOMY BUSINESS HOTEL PROVIDENCE GUIDELINES ABOUT SHARIA.
Article 1 In this ministerial regulation is: 1. Businesses are the provision of accommodation in the form of rooms in a building which can be equipped with food and beverage services, amusement and activities or other facilities on a daily basis with the purpose of gaining profit.
2. Sharia is Islamic law principles as set by the permanent and/or approved by the assemblies of scholars of Indonesia.
3. Business Hotel is a hotel of Sharia--must meet the criteria of Islamic Hotel Business referred to in the regulation of the Minister.
4. Shariah Criteria Business Hotel is the outline of qualifications and/or classification that includes aspects of the product, service, and management.
5. Hotel Syariah Hilal-1 is the classification for a business hotel rated Sharia filled all the criteria necessary Sharia Hotel Business to serve the needs of muslim travelers at a minimum.
6. Islamic Hilal-2 Hotel is a Business Hotel for the categorization of Sharia that are judged to meet the criteria of the entire Effort required Islamic Hotel to serve the needs of moderate muslim travellers.
7. The absolute Criteria are minimal requirements and provisions concerning products, services, and management that must be met and implemented by Hotelier so it can be recognized as a business Hotel of Sharia and obtain a certificate of Business Hotels.
8. The criteria are not absolute terms and conditions about the product, service, and management that can be implemented by Hotelier Sharia, in order to meet the specific needs of muslim tourists.
9. Certification of Business awarding process is Sharia Hotel certificate on business the hotel through an audit to assess the conformity of products, services and business management of hotels with Hotel Business criteria.
10. certificate of Business Hotels of Sharia is written evidence given by DSN-MUI on the hotel business has met the criterion of conformity assessment Business Hotel.
11. The Assembly of the Ulama Indonesia, hereinafter called MUI, is a container or Assembly which brought together scholars, zuama and muslim scholar Indonesia to unite motion and steps Indonesia Muslims in realizing goals together.
12. The Board of the National Assembly of the Islamic Ulama Indonesia, hereinafter called the DSN-MUI is part of the institutional structure of the MUI that is to act as certification agencies in the field of Business Tourism.
13. the Minister is the Minister of tourism and Creative Economy.
14. The Ministry is a Ministry of tourism and Creative Economy.
Article 2 of the Ministerial Regulation aims to provide: a. guidelines and an understanding of the conduct of the Business of Syariah Hotel; and b.  the guidance in the implementation of the certification Business Hotel.
Article 3 scope of the Regulations the Minister include: a. the classification Effort Sharia Hotel;
b. the assessment in the framework of the certification Effort Sharia Hotel;
c. implementation of Syariah; Hotel Venture certification and d.  coaching and supervision.
Article 4 Hotelier who has obtained a certificate of Business Hotel issued by LSU Tourism, Hotel Business can arrange Syariah based on terms and conditions which are set forth in the regulations of the Minister.

Article 5 Sharia Hotel Businesses are classified into 2 (two), namely: a. the Islamic Hilal Hotel-1; and b.  Hotel Syariah Hilal-2.
Article 6 Classification of Syariah Hotel Venture as referred to in article 5, defined by the certification Effort based on the Sharia Hotel results assessing the fulfillment of Absolute Criteria that apply to Business Hotels, which includes aspects of the product, the service and management aspects.

Article 7 (1) for the purposes of certification and the issuance of the certificate of Business Hotels, to do assessment of: a. the fulfilment of the basic requirements; and b.  the fulfilment and implementation of the criteria of Absolute Business Hotels, as set forth in the regulations of the Minister.
(2) the basic requirements referred to in paragraph (1) letter a, is the Hotel Business certificate issued by LSU Tourism as referred to in article 4.
(3) the absolute Criteria that apply to Attempt Islamic Hilal-1 Hotel, and pained to do the assessment, including: a. aspects of the product which is composed of 8 (eight) and item 27 (twenty seven) subunsur;
b. service aspect which consists of 6 (six) and item 20 (twenty) subunsur; and c.  aspects of management consisting of two elements and two (2) subunsur.
(4) the absolute Criteria that apply to Businesses Hotel Syariah Hilal-2, and it should do an assessment, including: a. aspects of the product which is composed of 11 (eleven) elements and 40 (forty) subunsur;
b. service aspect which consists of 10 (ten) elements and 28 (twenty eight) subunsur; and c.  aspects of management which consists of three (3) items and 6 (six) subunsur.
(5) Criteria not absolutely applicable for Business Hotel Sharia, does not affect the judgment in the process of Certification of Sharia and the Hotel Business has no impact in the classifications of Business Hotels.
(6) the absolute Criteria and not absolute Criteria that apply to Business Hotels, good for the Hilal-1 or-2, Hilal is as listed in the annex which is an integral part of part of the regulation of the Minister.
Article 8 (1) Business Hotels that do not meet the absolute Criteria referred to in article 7, paragraph (3) has yet to be classified and cannot be postulated itself as Islamic Hilal Hotel Business-1.
(2) Business Hotels that do not meet the absolute Criteria referred to in article 7 paragraph (4), has yet to be classified and cannot be postulated itself as Islamic Hilal Hotel Business-2.
(3) Business Hotels that do not meet the absolute Criteria referred to in article 7 paragraphs (3) and subsection (4), has yet to be classified and cannot be postulated himself as a business Hotel.
Article 9 in the event that the Hotel Business is no longer Absolutely meet the criteria that apply to Businesses Hotel Syariah Hilal-2 referred to in article 8 paragraph (2), but it filled the whole Absolute Criteria that apply to Businesses Hotel Hilal-1, then the business can be classified and can be postulated himself as a business Hotel Syariah Hilal 1.

Article 10 Judgment over the fulfillment of Absolute Criteria that apply to Businesses Hotel Syariah in order certification and issuance of the certificate of Business Hotels, organized by DSN-MUI.

Article 11

(1) the Hotelier has fulfilled the conditions as referred to in article 7, and has obtained a certificate of Islamic Hotel Business issued by the DSN-MUI, authorized to organize and can be postulated itself as Islamic Hotel Business, according the valid categorization.
(2) in the case of Sharia Hotel Venture as referred to in subsection (1) no longer meets the criteria of the Hotel Business and carry out Shariah in force against him based on Syariah business Certificate, then the Hotelier is obligated to meet the Shariah and/or correct the deficiencies that exist within a period of not longer than 6 (six) months, accounting for the first time since he knows the facts about the shortcomings in question.
(3) If after a period of 6 (six) months referred to in subsection (2) the Hotelier Sharia does not meet and/or improve the existing deficiencies, then the Hotelier in question prohibited conducts Business Hotel, good based on the applicable classification or as a whole.
(4) in the case referred to in paragraph (3), the certificate of Business Hotels, owned by Sharia Entrepreneur does not apply and the Hotel became concerned banned postulates itself as a Business Hotel.
Article 12 (1) ministries and assemblies of scholars of Indonesia are jointly conducting a coaching and supervision against conducting Business Hotel.
(2) the construction referred to in subsection (1) is done through the activities of dissemination and advocacy of policies and programs pertaining to the Hotel Business.
(3) Supervision as referred to in subsection (1) is done through evaluation of activity of organization of Business Hotels, either at regular intervals or at any time.
Article 13 DSN-MUI delivered a report on the Organization of the certification Business Hotels, to Ministers periodically every 6 (six) months of the year.

Clause 14 of the Hotelier who has already obtained a Certificate of Islamic Hotel Business issued by the DSN-MUI before entry into force of this regulation of the Minister, can still use Sharia Hotel Business Certificate is meant to hold the Business Hotels of Sharia up to the validity period expires, however not longer than 2 (two) years counted since the entry into force of this regulation of the Minister, and their updates or perpanjangannya are implemented based on the regulation of the Minister.

Article 15 Hotelier who has not obtained the certificate of Business Hotel Syariah issued by DSN-MUI, but have hosted and/or postulated himself as a business hotel of Sharia at the time the enactment of this Ministerial Regulation, mandatory conform to this ministerial regulation within a period of 1 (one) year counted since the enactment of the regulations of the Minister.

Article 16 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 9 January 2014, MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on January 17, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();