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Regulation Of The Minister Of Tourism And Creative Economy Number 1 2014

Original Language Title: Peraturan Menteri Pariwisata dan Ekonomi Kreatif Nomor 1 Tahun 2014

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STATE NEWS
REPUBLIC OF INDONESIA

No. 73, 2014 KEMENPARENKRAF. Certification. Tourism. The Hosting.


TOURISM MINISTER ' S REGULATION AND CREATIVE ECONOMY
REPUBLIC OF INDONESIA
No. 1 YEAR 2014
ABOUT
HOSTING THE TOURISM BUSINESS CERTIFICATION

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF TOURISM AND CREATIVE ECONOMY OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that to implement the provisions of Article 22 paragraph (2), Section 23 of the paragraph (2), and Section 29 of the paragraph (3) of the Government Regulation No. 52 Year 2012 on Competency Certification and Endeavor Certification in the Field of Tourism need to be set about the Hosting Tourism Business Certification
B.   that in the event of certification of tourism efforts are required to be an enterprise certification agency, the system of certification and supervising the certification of tourism efforts;
c. that under consideration as referred to in the letter a and the letter b needs to establish the Minister of Tourism and Creative Economy about the Hosting Of Tourism Efforts;
Remembering: 1.   Law Number 10 of the Year 2009 on Severity (Sheet State Of The Republic Of Indonesia 2009 Number 11, Additional Leaf Of State Republic Of Indonesia Number 4966);
2. Act No. 38 Year 2009 concerning the Ministry of State (State Sheet of the Republic of Indonesia Year 2009 Number 166, Additional leaf of the Republic of Indonesia Indonesia Number 4916);
3. Government Regulation No. 52 Year 2012 on Competency Certification and Business Certification in Tourism (Sheet Country Republic Indonesia Year 2012 Number 105, Additional Sheet Republic Of Indonesia Number 5311);
4. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last with the Presidential Regulation Number 55 of 2013 on the Fourth Amendment to the Presidential Regulation No. 47 of 2009 about the Establishment and Organization of the State Ministry;
5. Presidential Regulation No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State and Susunan Organisations, Tasting and Functions of the Ministry of State as amended last by Presidential Regulation No. 56 of 2013 about the Fourth Amendment to the Presidential Regulation No. 24 of 2010 on Occupation, Duty and Functions of the Ministry of State and Organizational Functions, duties and Functions of the Ministry of State;
6. Regulation of Minister of Tourism and Creative Economy Number PM.07/HK.001/MPEK/2012 on the Organization and the Working Governance of the Ministry of Tourism and Creative Economy;

DECIDED:
Establish: MINISTER REGULATION OF TOURISM AND CREATIVE ECONOMY ABOUT THE HOSTING OF TOURISM EFFORTS.

BAB I
UMUM CONDITIONS
Section 1
In Regulation of the Minister this is referred to:
1. Tourism efforts are an effort that provides goods and/or services for the fulfillment of the needs of travelers and the hosting of tourism.
2. Tourism Business Certification is the process of granting certificates to tourism efforts to support improving the quality of tourism products, the service and management of tourism efforts through audits.
3. The Tourism Business Standard is the formulation of a tourism business qualification and/or a classification of tourism efforts that includes aspects of product, service and tourism business management.
4. The Certificate of Tourism Effort is a written proof given by the certification agency of tourism efforts to tourism efforts that have met the standard of tourism efforts.
5. The next World Trade Certification Institute, called LSU Tourism, is an independent agency that is authorized to certify its business in tourism in accordance with the provisions of the laws.
6. Audit is an objective and systematic examination and assessment based on the evidence to take conclusions according to the Tourism Effort Standards.
7. Audit Materials are the Auditor ' s work guide in conducting audits based on the applicable Tourism Effort Standards.
8. The next Auditor Field of Tourism called Auditor is someone who does an audit in the field of tourism.
9. The next Certificate of the Auditor Field of Tourism called the Certificate of Auditor is a written proof issued by a training institution/institution that has been accredited by the authorized accreditation institution and appointed by the ministry.
A Tourism Entrepreneur is a person or group of people who perform the activities of Tourism.
The 11.3 National Accreditation Committee, which is subsequently referred to as an independent institution, is based on the President's decision to assist the National Standardization Board in terms of accreditation of certification institutions.
12.The Local Government is the Governor, the Regent or the Mayor and the area's device as an element of the governing body of the region.
13.Ministry is the ministry that organizes government affairs in the area of the parcits.
The Prime Minister is the minister who organizes government affairs in the field of affairs.

Section 2
The rules of the Ministry aim to govern and oversee the hosting of the Tourism Effort by an independent, objectively, credible and transparent business certification institution.

Section 3
The scope of this Ministerial Regulation includes:
a.   Institutional;
B.   LSU designation and designation for Tourism Fields;
c. certification of the certification method;
D.   surveillance;
e.   coaching;
f.   financing; and
G.   Administrative sanction.

BAB II
INSTITUTIONAL
The Kesatu section
LSU Field Tourism
Section 4
(1) LSU Field Tourism, established by meeting the requirements:
a.   Governing body and legal entity in the region of Indonesia;
B.   have an auditor power; and
c. have a work device.
(2) LSU The field of Tourism as referred to in paragraph (1) has the task:
a.   conducting audits;
B.   maintaining the performance of the auditor; and
c. develop a certification scheme.
(3) LSU The field of Tourism as referred to in paragraph (1) has the authority:
a.   set the audit execution charge;
B.   publishes the Tourism Business Certificate; and
c. revoked the Tourism Effort Certificate.
(4) In carrying out the duties and authority as referred to in paragraph (2) and paragraph (3), the LSU of Tourism Fields is required to refer to the Hosting Guidelines of the Tourism Business Certification.
(5) The provisions of the Tourism Enterprise Certification guidelines as referred to in paragraph (4) are listed in the Attachment and are an inseparable part of the Regulation of this Minister.

The Second Part
Sharia Certification Certification
Section 5
(1) In the event of hosting the Syariah Tourism Effort, to comply with the provisions in accordance with the Syariah Tourism Effort, then the implementation of the Syariah Tourism Effort is carried out by the Shariah Council of the National Council of the Ulama Indonesia.
(2) Sharia Tourism and Tourism Effort Guidelines as referred to in paragraph (1) is specified in its own Regulation of Ministers.
(3) The requirements and layout of the certification applicable to the LSU Tourism Field under the Minister's Ordinance mutatis mutandis apply to the certification of the certification by the National Shariah Council of the Ulama Assembly Indonesia is the same as the verse (1).

The Third Part
The Tourism Business Certification Authorization Commission
Section 6
(1) Based on the Regulation of the Minister it is established by the Commission of Authorised Tourism Certification which is subsequently called the Commission of Authorization.
(2) The Authorization Commission as referred to in paragraph (1) has the task and authority:
a.   examine, perform verification and assess the completeness of the Application Certification of the Tourism Field Efcity;
B.   providing the designation of LSU the appointment and designation of Tourism Field to the Minister;
c. monitor the hosting of the Tourism Business Certification and oversee the LSU performance of Tourism Fields;
D.   examine, perform verification and assess the LSU Activities Field Report;
e.   provides a recommendation to the Minister to drop administrative sanctions for violations committed by LSU Field Tourism; and
f.   provides a recommendation for the revocation of the LSU designation and the appointment of Tourism Field to the
(3) The Authorization Commission as referred to in paragraph (1) consists of elements:
a.   ministry;
B.   government-related agencies;
c. Tourism association;
D.   academic; and
e.   Another element is required.
(4) The Authorisation Commission as referred to in paragraph (1) is set by the Minister.

BAB III
THE APPOINTMENT AND DESIGNATION OF LSU TOURISM FIELD
The Kesatu section
Set The Standing Way
Section 7
(1) The LSU application of the establishment of Tourism is submitted by the applicant to the Minister through the Commission of Authorization by handing over the LSU Establishing Application of the Establishment of Tourism Fields:
a.   a copy of the foundation of the business entity that the intent and purpose of moving in the field of certification;
B.   the LSU work plan for the minimum Tourism field for the upcoming 3 (three) years;
c. The LSU management budget plan for the minimum Tourism Field for 3 (three) years to the next 3;
D.   has a work device, among other things:
1. audit materials of tourism efforts;
2. The implementation guidelines of the tourism venture audit; and
3. Quality guide.
e.   maintainer's life list is equipped with photo fitting;
f.   The Auditor's life list is equipped with a photo shoot; and
G.   copy of KTP/ID of Auditor.
(2) The LSU application of the Establishment of Tourism as referred to in paragraph (1) is delivered as much as 7 (seven) double, i.e. 2 (two) copies of the original document and 5 (five) copies of the document.
(3) The Authorization Commission examines the completion of the LSU Application Establishing for Tourism and if there is still a shortage, the applicant must complete the shortcomings at least 7 (7) business days after the notice.
(4) The Authorization Commission invites the applicant whose application document has been complete to present the activities of LSU ' s founding and activities of Tourism no later than 14 (fourteen) business days since the invitation letter was sent.
(5) The Authorization Commission performs field verification to the location in which LSU Field Tourism will be established.
(6) The Authorization Commission provides the assessment decision received or signed to the LSU Establishment of Tourism Field of the slowest 14 (fourteen) business days after field verification.

The Second Part
Appointment and Redemption
Section 8
(1) Based on the recommendation of the Authorization Commission, the Minister appoints and sets LSU the Field of Tourism.
(2) The appointment and designation of LSU Tourism Fields as referred to in paragraph (1) are specified with the Ministerial Decree.
(3) LSU Field Tourism which has obtained the Minister ' s Decision as referred to in paragraph (2), subsequently stated to have been registered in the Ministry.
(4) The Minister ' s decision on the appointment and designation of LSU Tourism Fields valid for 4 (four) years along the LSU field of concerned Tourism is still running its activities.

Section 9
(1) LSU of Tourism Fields as referred to in Article 8 of the paragraph (1) may open a branch office.
(2) The branch office as referred to in paragraph (1), must meet the entire requirements of the LSU foundation of Tourism as referred to in Article 7 of the paragraph (1) and paragraph (2).

BAB IV
SET THE CERTIFICATION WAY
Section 10
(1) The manner of the Tourism Business Certification is executed by step as follows:
a.   The Tourism entrepreneur submitted a certification registration application on LSU Field Tourism by busan to the Commission of Authorization;
B.   LSU Field Tourism assigned an Auditor team to conduct an audit in the applicant ' s company;
c. The Board of Auditors reported the audit results on the LSU Field Tourism assigned;
D.   The LSU field of Tourism reviewed the audit results reported by the Auditor and Decided Certification and published the Tourism Effort Certificate.
(2) In the application of certification by the Tourism Employers as referred to in paragraph (1) the letter a, LSU field of Tourism informed the plan of the execution of certification to the Governor through technical agencies that have tasks and functions in the The fucking field.
(3) In the implementation of the Tourism Effort activities, LSU Field Tourism is required to assign an Auditor that has a Certificate of Auditor with the competency of auditors in accordance with the efforts of the tourism that will be audited.
(4) The manner of the Tourism Business Certification as referred to in paragraph (1), refers to the Tourism Enterprise Certification guidelines set forth in the Attachment and are an inseparable part of the Regulation of this Minister.

Section 11
(1) In implementing the Tourism Business Certification, LSU Field Tourism is required to implement the principle:
a.   unpartis;
B.   competency;
c. liability;
D.   openness;
e.   secrecy; and
f.   Quick response to the complaint.
(2) The application of the principle as in paragraph (1) refers to the Tourism Enterprise Certification guidelines set forth in the Attachment and are an inseparable part of the Regulation of this Minister.

BAB V
SUPERVISION
The Kesatu section
General
Section 12
(1) The supervision of the Tourism Business Certification is conducted in order to maintain and maintain the ordination of the Tourism Business Certification in accordance with the terms and conditions specified.
(2) The supervision of the Tourism Business Certification as referred to in paragraph (1) includes all activities related to the implementation of the Tourism Business Standard and the implementation of the Tourism Business Certification included:
a.   implementation of the Tourism Business Certification;
B.   use of the Tourism Effort Certificate; and
c. LSU performance of Tourism.

The Second Part
Implementation Of The Tourism Business Certification
Section 13
(1) The supervision of the implementation of the Tourism Business Certification is done through:
a.   examination of activity reports from LSU Tourism Fields;
B.   collection of data/information, both direct and indirect; and
c. The monitoring of the certification execution process ranging from audit activities up to the followup to the Tourism Effort Certificate.
(2) If deemed necessary, the Oauthorisation Commission may conduct a direct review of the currently audited Tourism Business location.

The Third Part
Use of the Tourism Effort
Section 14
(1) Each Tourism Effort which has obtained a certificate must install a Tourism Effort Certificate in a place easily viewed by the general public.
(2) The Tourism Business Certificate as referred to in paragraph (1) is valid for 3 (three) years from the date of publication.
(3) The mandatory Tourism Effort renees the expiring Tourism Effort Certificate has ended.

Section 15
Supervision of the certificate ' s use is done through:
a.   examination of the suitability between tourism business activities with published certificates; and
B.   Monitoring of the current certificate and the update of the update.

The Fourth Part
LSU ' s performance of Tourism Fields
Section 16
The scrutiny of LSU ' s performance of Tourism Fields is done through:
a.   examination of the means and institutional infrastructure;
B.   the completeness and function of the work device;
c. Analysis and evaluation of its work and realisation programs; and
D.   monitoring of the duties and functions of the Auditor and the personnel involved in the certification activities by LSU Field Tourism in preparation, execution, and post audit activities.

BAB VI
COACHING
Section 17
(1) The Minister conducts the coaching of the Tourism Business Certification against:
a.   LSU Tourism Fields;
B.   Tourism effort; and
C.   The people.
(2) Coaching against LSU Tourism Fields as referred to in paragraph (1) letter a includes:
a.   The socialization of the Tourism Business Standard, the Tourism Enterprise Certification guidelines and other related regulations; and
B.   Execution of training for future Auditors.
(3) The coaching of the Tourism Effort as referred to in paragraph (1) letter b can be implemented through the socialization of the Tourism Effort Standards and perform the guidance and application guidance of the certification.
(4) Coaching against the people as referred to in paragraph (1) the letter c may be performed through the dissemination of information about the Tourism Effort Certification.

Section 18
(1) LSU Field of Tourism is required to submit reports periodically every 6 (six) months to the Minister with the Governor, the Regent or the Mayor.
(2) The preparation of an activity report as referred to in paragraph (1) is made in accordance with the provisions contained in the Tourism Business Certification guidelines set forth in the Attachment and are an inseparable part of The rules of this minister.

BAB VII
FINANCING
Section 19
(1) The cost of execution of certification becomes the responsibility of the Tourism Employers.
(2) The LSU field of tourism establishes the quantity of certification of execution based on the financing structure in accordance with the provisions of the Tourism Business Certification guidelines set forth in the Attachment and are an integral part of the Agreement. from the Minister's Rules.

BAB VIII
ADMINISTRATIVE SANCTION
Section 20
(1) LSU Field of Tourism which commits a violation of the provisions as referred to in Article 4 of the paragraph (4), Article 10 of the paragraph (3), Article 11 of the paragraph (1), Section 14 of the paragraph (3), and Article 18 of the paragraph (1), imposed administrative sanction by the Minister on the basis of the article (s). Authorization Commission recommendation.
(2) The administrative sanction as referred to in paragraph (1) shall be:
a.   written reprimand;
B.   the LSU scope of the Tourism Field; and
c. freezing or revocation of the LSU designation of Tourism.
(3) The written position is referred to in paragraph (2) of the letter a, covering the stage:
a.   A written reprimand was given after the discovery of the breach.
B.   In the case of thirty (thirty) days after being given a written reprimand, LSU field of tourism does not comply with a written reprimand as stated in the letter a, LSU's field of tourism is subject to a second written reprimand, and
c. if within 30 (thirty) days of work after the second written reprimand, the LSU field of Tourism does not comply with a written reprimand as in the letter b, LSU The field of Tourism is subjected to a third written reprimand.
(4) The LSU scope of the field of Tourism as referred to in paragraph (2) the letter b, subject to the term of 30 (thirty) days of work does not comply with a third written reprimand, as referred to in paragraph (3) of the letter c.
(5) Freezing and revocation of the LSU designation of Tourism as referred to in paragraph (2) the letter c, imposed if in the term 60 (sixty) days of work does not comply with a third written rebuke, as referred to in paragraph (3) of the letter c.

BAB IX
OTHER PROVISIONS
Section 21
As long as it has not been able to accommodate LSU for Tourism, the LSU of Tourism which is already designated and established by the Minister can carry out the Tourism Effort Certification.

BAB X
CLOSING PROVISIONS
Section 22
The rules of the Ministry are effective on the date of the promulgations.
In order for everyone to know, ordered the invitational of the Minister's Ordinance with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on January 7, 2014
MINISTER OF TOURISM AND CREATIVE ECONOMY
REPUBLIC OF INDONESIA,


LET ' S ELKA PANGESTU

Promulgated in Jakarta
on January 17, 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,


AMIR SYAMSUDIN