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Back NEWS of the REPUBLIC of INDONESIA No. 73, 2014 KEMENPARENKRAF. Certification. Tourism. Providence.
REGULATION of the MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA number 1 2014 ABOUT CONDUCTING of BUSINESS TOURISM CERTIFICATION with the GRACE of GOD ALMIGHTY and the CREATIVE ECONOMY MINISTER of TOURISM of the REPUBLIC of INDONESIA, Considering: a. that to implement the provisions of article 22, paragraph (2) of article 11 paragraph (2), and section 29 subsection (3) the Government Regulation Number 52 in 2012 about the Certification of competence and certification Efforts in tourism need to set about organizing the Business Tourism Certification;
b. that in implementing the tourism business certification certifying the existence of the required effort, the procedures for the certification and supervision of tourism business certification;
c. that based on considerations as referred to in letter a and letter b needs to set a regulation of the Minister of tourism and Creative Economy about the conduct of the Business Tourism Certification;
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. Act No. 38 in 2009 about the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2009, an additional Sheet of the Republic of Indonesia Number 4916);
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. Presidential regulation Number 24 of 2010 about the position, duties and functions of the Ministry of State and the Organization, duties and functions of the Echelon I Ministries as amended last presidential regulation Number 56 2013 regarding changes to the four Top presidential regulation Number 24 of 2010 about the position, duties and functions of the Ministry of State and the Organization, duties and functions of the Echelon I Ministries;
6. 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;
Decide: define: REGULATION of the MINISTER of TOURISM and CREATIVE ECONOMY ABOUT the CONDUCT of the BUSINESS TOURISM CERTIFICATION.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. The Tourism Businesses are businesses that provide goods and/or service for the fulfillment of the needs of travellers and the Organization of tourism.
2. Tourism Business Certification is a process of certification to tourism businesses to support the improvement of the quality of tourism product, service and tourism business management through the audit.
3. The standards of Business Tourism is the tourism business qualification formula and/or business classification of tourism which includes aspects of the product, service and tourism business management.
4. Tourism Business Certificate is written evidence provided by certification agencies business tourism tourism businesses that have to meet the standards of the tourism business.
5. Tourism Business certification agencies hereinafter called LSU Tourism, is a self-contained institution that is authorized to do business in tourism certification in accordance with the provisions of the legislation.
6. The Audit and inspection is an objective and systematic assessment based on the evidence for deduction in accordance with the standards of Business Tourism.
7. The Audit Material are working guide Auditors in the audit based on the applicable standards of the Tourism Business.
8. The Auditor Tourism which is hereinafter referred to as the Auditor is a person who performs an audit in the field of tourism.
9. The Auditor's Certificate Tourism Certificate hereinafter referred to as the Auditor is written evidence issued by the training institutes/institutions who have been accredited by accrediting agencies authorized and designated by the Ministry.
10. Tourism Entrepreneur is a person or a group of people who conduct business activity tourism.
11. National Accreditation Committee, hereinafter called the independent Institute'S was formed based on the decision of the President of the National Standardization Bodies to assist in terms of accreditation certification agencies.
12. Local Government is the Governor, Regent or Mayor and the region as organizer of local governance.
13. The Ministry is a Ministry which conducts the Affairs of the Government in the field of tourism.
14. the Minister is the Minister of the organizing Affairs of the Government in the field of tourism.
Article 2 of the Ministerial Regulation aims to organize and supervise the conduct of the Business Tourism Certification by a certifying professional and independent businesses that objectively, credible and transparent.
Article 3 scope of the Regulations the Minister include: a. institutional;
b. appointment and determination of LSU Tourism;
c. certification procedures;
f. Financing; and g. administrative sanctions.
CHAPTER II INSTITUTIONAL Part One LSU Tourism article 4 (1) LSU Tourism, established by fulfilling the requirements: a. business-body and body of law in the territory of Indonesia;
b. having an auditor; and c. have a working device.
(2) LSU Tourism as referred to in paragraph (1) has the task of: a. the audit;
b. maintain the performance of the auditor; and c. develop a certification scheme.
(3) LSU Tourism as referred to in paragraph (1) has the authority to: a. establish audit costs;
b. publish the certificate of Business Tourism; and c. revoke the certificate of Business Tourism.
(4) in carrying out the duties and powers referred to in subsection (2) and paragraph (3), LSU Tourism refers to mandatory guidelines on Conducting Certification of Tourism Businesses.
(5) the provisions of the guidelines prohibit doing Business of tourism Certification referred to in subsection (4) are listed in the Appendix and part an integral part of the regulation of the Minister.
The second part of the Syariah Business Certification article 5 (1) in terms of conducting of Business Tourism Certification to meet the provisions of Sharia, in accordance with the Guidelines of Islamic Tourism Efforts, then the implementation of Sharia Tourism Business Certification is conducted by the National Council of Sharia Scholars Assembly-Indonesia.
(2) Business Tourism Tourism Businesses, and Syariah Shariah Guidelines as referred to in paragraph (1) are defined in the regulations of the Minister.
(3) the requirements and procedures for conducting certification applies to LSU Tourism based on ministerial regulation mutatis mutandis it applies to the Organization of the Islamic Council of certification by the national assemblies of scholars Indonesia as referred to in paragraph (1).
The third part of the Commission's Tourism Business Certification Authorization article 6 (1) based on ministerial regulation was formed the Commission of Tourism Business Certification Authorisation hereinafter referred Commission authorization.
(2) Commission Authorization referred to in subsection (1) has the duty and authority to: a. examine, verify and assess the completeness of the Application Document Certifying the establishment of the Business Tourism;
b. provide recommendations of the appointment and determination of LSU to the Ministry of Tourism;
c. monitor the conducting of Business Tourism Certification and supervising the performance of the LSU Tourism;
d. inspect, verify and assess activity report LSU Tourism;
e. provide recommendations to the Minister to impose administrative sanctions violations committed by LSU Tourism; and f. provide recommendations for the removal of the designation and appointment of LSU to the Minister of Tourism.
(3) the Commission Authorization referred to in subsection (1) consists of the elements: a. the Ministry;
b. related government agencies;
c. Tourism Association;
d. academics; and e. other elements are needed.
(4) the Commission Authorization referred to in subsection (1) is designated by the Minister.
CHAPTER III the APPOINTMENT and DETERMINATION of LSU TOURISM is considered part of the procedures of establishment article 7 (1) a petition for the establishment of the LSU Tourism proposed by the applicant to the Minister through the authorization of the Commission by submitting the documents of application for establishment of LSU Tourism that contain: a. a copy of the deed of establishment of business entities that the purpose and aim in the field of certification;
b. work plan LSU Tourism minimum for 3 (three) years;
c. plan cost budget management of LSU Tourism minimum for 3 (three) years;
d. has a working device, among others: 1. audit material business tourism;
2. guidelines for the implementation of auditing business tourism; and 3. quality guide.
e. list of CVS maintainer comes with photo;
f. the Auditor's curriculum vitae lists come with photo; and g. copy of ID card/ID Auditor.
(2) the Application Documents the founding of LSU Tourism as mentioned in subsection (1) is submitted as many as seven stanzas, that is 2 (two) copies of the original documents and the 5 (five) copies of documents.
(3) the authorization of the Commission checks the completeness of the documents of application for establishment of LSU Tourism and if there is still a shortage, the applicant must complete the deficiencies at least 7 (seven) working days after the notification.
(4) the authorization of the Commission invites applicants who complete their petition documents has to present a plan of establishment and activity of LSU Tourism no later than fourteen (14) working days since the letter of invitation sent.
(5) the Commission Authorization to verify field to locations where LSU Tourism will be established.
(6) Commission decision Authorizing the assessment of accepted or turned the petition for establishment of LSU Tourism at least fourteen (14) working days after the verification field.
The second part of the appointment and Designation of article 8 (1) on the recommendation of the Commission for authorization, the Minister appoints and sets LSU tourism.
(2) the appointment and determination of LSU Tourism as referred to in paragraph (1) established by decision of the Minister.
(3) LSU Tourism that have obtained a decision of the Minister referred to in subsection (2), hereinafter stated has been registered at the Ministry.
(4) the decision of the Minister on the appointment and assignment LSU Tourism is valid for four (4) years all LSU Tourism is concerned is still running its activities.
Article 9 (1) LSU Tourism as referred to in article 8 paragraph (1) can open branch offices.
(2) the offices referred to in subsection (1), must meet the entire requirement of the establishment of the LSU Tourism as referred to in article 7 paragraph (1) and paragraph (2).
CHAPTER IV PROCEDURES for the CERTIFICATION of article 10 (1) of the Ordinance the Tourism Business Certification is carried out by the following stages: a. Tourism Entrepreneurs applying for registration of a certification on LSU Tourism with copy to the Commission Authorisation;
b. LSU Tourism commissioned a team of Auditors to perform audits in the company of the applicant;
c. the Auditor's team reported the audit results at LSU who commissioned the Tourism;
d. LSU Tourism Review audit results reported by a team of Auditors and decided the certification as well as publishing the certificate of Business Tourism.
(2) In the application for certification by the tourism Entrepreneurs as referred to in paragraph (1) letter a, LSU Tourism inform implementation plan certification to the Governor through the technical agencies have tasks and functions in the field of tourism.
(3) in the implementation of the activities of the Tourism Business Certification, LSU Tourism mandatory assigning Auditors who have a certificate of Auditor audit competencies in accordance with business tourism which will be audited.
(4) the procedures for Certification of tourism Ventures as referred to in paragraph (1), referring to the guidelines for Conducting Certification of Tourism Businesses listed in the Appendix and part an integral part of the regulation of the Minister.
Article 11 (1) in carrying out the certification of Business Tourism, LSU Tourism obliged to apply the principle of: a. impartiality;
e. confidentiality; and f. fast responsiveness to complaints.
(2) the application of the principles in subsection (1) refers to the conducting of Business Tourism Certification Guidelines that are listed in the Appendix and part an integral part of the regulation of the Minister.
Chapter V SUPERVISION Part One General article 12 (1) the supervision of Business Tourism Certification is carried out in order to keep and maintain this certification to conduct the Tourism Business in accordance with the terms and conditions set forth.
(2) supervision of the Tourism Business Certification as referred to in paragraph (1) covers all activities related to the implementation of the standards of Business Tourism and Business Tourism Certification implementation include: a. implementation of Tourism Business Certification;
b. the use of Tourism Business Certificate; and c. LSU performance of tourism.
The second part of the implementation of the Tourism Business Certification Article 13 (1) the supervision against the implementation of the Business Tourism Certification is done through: a. the examination of the report of activities of the LSU Tourism;
b. data collection/information, either directly or indirectly; and c. monitoring of the implementation of the certification audit activities ranging from to follow-through with the publication of a certificate of Business Tourism.
(2) if considered necessary, the Commission may conduct a review of the authorization directly to the location of the tourism Businesses that are being/have been audited.
The third part of the use of the Tourism Business Certificate of article 14 (1) every effort of tourism that have obtained the certificate of Tourism Business Certificate must be installed in a place that is easily seen by the public.
(2) the Tourism Business Certificate referred to in subsection (1) is valid for 3 (three) years from the date of publication.
(3) a compulsory Tourism Effort to renew the certificate of Business Tourism which the validity period has ended.
Article 15 Supervision of the use of certificates is done through: a. examination of the conformity between the business activities of tourism with certificates issued; and b. certificate expiration monitoring and follow-up to its renewal.
The fourth part Performance LSU Tourism article 16 Supervision performance against LSU Tourism is done through: a. examination of the institutional infrastructure and facilities;
b. completeness and functionality of the device work;
c. analysis and evaluation of the programme of work and its realization; and d. monitoring against the duties and functions of the Auditor and the personnel involved in the activities of Tourism certification by LSU in the preparation, implementation, and post-implementation audit activities.
CHAPTER VI the CONSTRUCTION of article 17 (1) the Minister is doing the construction organization of Tourism Business Certification against: a. LSU Tourism;
b. Business Tourism; and c. the community.
(2) Coaching against LSU Tourism as referred to in paragraph (1) letter a include: a. the socialization Standard Business Tourism, Business Tourism Certification Organization of the Guidelines and other related regulations; and b. the implementation of the facilitation of training for the prospective Auditor.
(3) the construction of the Tourism Efforts against as referred to in paragraph (1) letter b can be implemented through the dissemination of Tourism Businesses and doing the Standard guidance procedures and application of certification.
(4) Construction on the community as referred to in paragraph (1) the letter c can be done through the dissemination of information on Business Tourism Certification.
Article 18 (1) LSU Tourism obligatory report periodically every 6 (six) months to the Minister with a copy of the Governor, Governor or mayor.
(2) the preparation of the activity report referred to in subsection (1) is made in accordance with the provisions contained in the guidelines for Conducting Certification of Tourism Businesses listed in the Appendix and part an integral part of the regulation of the Minister.
CHAPTER VII FINANCING article 19 (1) the cost of implementation of certification is the responsibility of the tourism Entrepreneurs.
(2) LSU Tourism setting quantities the cost of implementation of certification based on the structure of financing in accordance with the provisions of the guidelines for Conducting Certification of Tourism Businesses listed in the Appendix and part an integral part of the regulation of the Minister.
CHAPTER VIII ADMINISTRATIVE SANCTIONS in article 20 (1) LSU Tourism who did the breach of the provisions referred to in article 4 paragraph (4), article 10 paragraph (3), article 11 paragraph (1), article 14 paragraph (3), and article 18 paragraph (1), administrative sanctions imposed by the Minister on the basis of the recommendations of the Commission authorization.
(2) administrative Sanctions referred to in paragraph (1) in the form of: a. a written reprimand;
b. restrictions on the scope of the LSU Tourism; and c. freezing or revocation of assignment LSU tourism.
(3) a written Reprimand as referred to in paragraph (2) letter a, include the following stages: a. a written rebuke the one given after the discovery of the offence.
b. If within a period of thirty (30) working days after being given a written reprimand kesatu, LSU Tourism does not comply with a written rebuke referred to in letter a, LSU Tourism subject to a written reprimand; and c. If within thirty (30) working days after being given a written reprimand both, LSU Tourism does not comply with a written reprimand as stated on the letter b, LSU Tourism subject to a written reprimand third.
(4) the limitation of the scope of the LSU Tourism as referred to in paragraph (2) letter b, worn when within a period of 30 (thirty) business days do not comply with a written reprimand third, as referred to in paragraph (2) Letter c.
(5) revocation of designation and Freezing LSU Tourism as referred to in paragraph (2) Letter c, worn when within a period of sixty (60) working days does not obey the written reprimand third, as referred to in paragraph (2) Letter c.
CHAPTER IX miscellaneous PROVISIONS Article 21 during the RIGHT hasn't been able to accredit Tourism LSU, LSU Tourism already appointed and designated by the Minister may carry out the certification of Business Tourism.
CHAPTER X PROVISIONS COVER section 22 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 January 7, 2006 MINISTER of TOURISM and the CREATIVE ECONOMY
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 ();
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