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Government Regulation No. 4 Of 2010

Original Language Title: Peraturan Pemerintah Nomor 4 Tahun 2010

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 7, 2010 (Explanation in Additional State Sheet Republic Indonesia Number 5092)


GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 4 YEAR 2010
ABOUT
CHANGES TO GOVERNMENT REGULATION NUMBER 28 YEAR 2000
ABOUT THE EFFORTS AND ROLE OF THE CONSTRUCTION SERVICES SOCIETY

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

It's a stockpile. that arrangements regarding the classification and qualification of the construction service efforts as well as the role of the construction services society are set in Government Regulation Number 28 Year 2000 on the Effort and the Role of the Community of Services Construction is no longer in compliance with the development demands of the construction services;
B. that based on consideration as indicated on the letter a, it needs to establish the Government Regulation on the Changes to Government Regulation No. 28 of 2000 on the Effort and Role of the Construction Services Community;

Remembering: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia in 1945;
2. Act Number 18 Year 1999 on Construction Services (Sheet State Of The Republic Of Indonesia In 1999 Number 54, Addition Of State Sheet Republic Of Indonesia Number 3833);
3. Government Regulation No. 28 Year 2000 on the Effort and Role of the Community of Construction Services (State Sheet of Indonesia 2000 Number 63, Additional Gazette of the Republic of Indonesia Number 3955);
4. Government Regulation Number 23 Year 2004 on National Board of Certification Profession (State Gazette 2004 Number 78, Additional Gazette Republic Indonesia Number 4408);

DECIDED:

SET: THE GOVERNMENT REGULATIONS ON CHANGES TO THE GOVERNMENT REGULATION NUMBER 28 OF 2000 ON THE EFFORTS AND ROLE OF THE CONSTRUCTION SERVICES SOCIETY.

PASAL I
Some provisions in Government Regulation No. 28 of 2000 on the Effort and Role of the Community of Construction Services (State Sheet of the Republic of Indonesia 2000 Number 63, Additional Gazette number 3955) are changed as follows:

1. The provisions of Article 1 of the number 2 are changed, so the provisions of Article 1 of the number 2 reads as follows:

Section 1
2. Classification is part of the registration activities to establish the business group in the field of construction services by field and sub-field of business or skill professions and the work expertise of individuals in the field of construction services. according to the disciplines of scholarship and/or certain skills and/or the funccency and/or expertise of each.

2. The following paragraph (2) and paragraph (3) of Section 5 are inserted 1 (one) the paragraph (2a) and the paragraph (3) is changed, and is added 1 (one) the paragraph (5), so that the entirety of Section 5 reads as follows:

Section 5
(2) The scope of the construction work planning services as referred to in Article 4 of the paragraph (2) may consist of:
a. survey;
B. general planning, macro studies, and micro studies;
c. project feasibility study, industry, and production;
D. engineering planning, operations, and maintenance;
e. Research.
(3) The Scope of the construction work supervision services as referred to in Article 4 of the paragraph (4) may consist of services:
a. supervision of the execution of construction work;
B. supervision of quality assurance and timeliness in the work process and the outcome of construction work.
(2a) The planning services service, execution, and construction supervision can be done integrated.
(4) The activities that can be performed integrated as referred to in paragraph (2a) consist of:
a. redesigning (design and build);
B. planning, procurement, and implementation of the receipts so (engineering, procurement, and construction);
c. hosting of the work received so (turn-key project); and/or
D. host performance based work (performance based).
(5) The development of planning services services and or other supervision may include among other services:
a. project management;
B. construction management;
c. Quality assessment, quantity, and job cost.
(6) The integrated construction services service as referred to in paragraph (2a) can only be done by a legal entity.

3. The provisions of Article 7 are changed, so that Article 7 reads as follows:

Section 7
(1) The field of planning services and construction oversight consists of a general and specialist field of business.
(2) The construction services of a construction service, consisting of a common field of business, specialist, and skills.
(3) The areas of the construction of a common construction service as referred to in paragraph (1) and (2) must meet the criteria of being able to work on construction buildings or other physical forms, ranging from land preparation up to the final submission or The construction of a construction building.
(4) The field of a specialist construction services as referred to in verse (1) and verse (2) must meet the criteria of being able to work on certain parts of the construction building or other physical form.
(5) The area of the construction services as a particular skill as referred to in verse (2) must meet the criteria of being able to work on the construction work subsections of a particular part of the construction building by using technology simple.

4. The provisions of Section 8 are amended, so that Article 8 reads as follows:
Section 8
The construction services agency that provides construction services services must have a certificate according to the classification and qualification of the effort.

5. Between Section 8 and Section 9 of the four (four) articles, Section 8A, Section 8B, Section 8C, and Section 8D, which reads as follows:

Section 8A
(1) Classification as referred to in Section 8 for the field of construction planning services and construction supervision services include:
a. architecture;
B. engineering (engineering);
c. space alignment; and
D. Another consulting service.
(2) Classification as referred to in Section 8 for the field of construction implementation services enterprise includes:
a. building building;
B. civilian building;
c. Mechanical and electrically installation; and
D. other implementation services.
(3) Any classification of the field of effort as referred to in paragraph (1) and verse (2) can be divided into several subclassification of the construction services field.
(4) Any subclassification of the field of construction services as referred to in paragraph (3), may include one or a combination of some construction work.
(5) The further provisions of subclassification of the field of construction of the construction of the construction services as referred to in paragraph (3) are governed by the Minister's regulations.

Section 8B
(1) The qualifications as referred to in Section 8 include:
a. Large business qualifications;
B. Intermediate business qualifications;
c. small business qualification.
(2) Any venture qualification as referred to in paragraph (1) can be divided into several subqualifications of the construction services venture.
(3) The further provisions of the subqualifying division of the construction of the construction services as referred to in paragraph (2) are governed by the Minister's regulations.

Section 8C
(1) Individual persons who provide the construction services services or persons employed by the business entity who provide the construction services service must have a certificate according to classification and qualification.
(2) Classifications as referred to in paragraph (1) include:
a. architecture;
B. civil;
C. mechanical;
d.electrical;
e. environmental settings; and
f. Execution management.
(3) Qualifying as referred to in paragraph (1) includes:
a. expert power; and
B. Skilled power.
(4) The power of the expert as referred to in paragraph (3) the letter a consists of subqualifications:
a. young;
B. madya; and
C. -Main. (5) Skilled Workforce as referred to in paragraph (3) the letter b consists of subqualifications:
a. class three;
B. class two; and
c. first class.
(5) The further provisions of the competency requirements for subqualifications as referred to in paragraph (4) and paragraph (5) are governed in the Minister's regulations.

Section 8D
In the event of a certification for the field of mechanical and electrical installation as referred to in Section 8A (2) the letter c and the individual for the electrical classification as referred to in Section 8C of the paragraph (2) the letter d, must be coordinate with the agency that organizes government affairs in the field of notoriality.

6. The provisions of Article 9 of the paragraph (1), paragraph (2), and paragraph (3) are changed, paragraph (4) is removed, so that Article 9 reads as follows:

Section 9
(1) Individual persons and/or consulting services consultancy services and/or construction supervising consultancy services can only perform the planning services and construction work supervision services in accordance with the certificate. owned.
(2) Individual persons as acting constructs can only carry out small-risk construction work, simple technology, and at a small cost.
(3) The non-legal operating operating services agency can only work on small-risk construction work until moderate, low-tech until the madya, at a small cost until moderate.
(4) Remoted.
(5) For high-risk construction work and or the high-tech and or large-budget construction work can only be done by a limited liability entity or a foreign entity that is being equated.

7. The provisions of Section 10 of the paragraph (4) are changed, so that Article 10 of the paragraph (4) reads as follows:
Section 10
(4) Further provisions on the criteria of risk, technology, and costs as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Minister ' s regulations.

8. The provisions of Article 11 paragraph (1) are changed, so that Article 11 paragraph (1) reads as follows:

Section 11
(1) The responsibility of engineering that is the workforce of planning services, execution services, and supervision services must have a certificate of skill and/or expertise in accordance with the classification and qualification of the construction workforce.

9. The Chapter II Terms of the Fourth Part are deleted.

10. The provisions of Chapter III are deleted.

11. The provisions of Article 22 remain and the explanation is amended, so that the explanation of Article 22 is as set forth in the Description of the Articles of Use by this Government Regulation.

12. The provisions of Article 23 are deleted.

13. The provisions of Article 24 paragraph (1), paragraph (2), and paragraph (3) are changed, and paragraph (4) to paragraph (8) is removed, so that the entirety of Article 24 reads as follows:

Section 24
(1) To carry out the construction activities of construction services established the Construction Services Development Institute, which was then called the Institute.
(2) The institution as referred to in paragraph (1) consists of:
a. National-level institutions, which are based in the country ' s capital; and
B. Provincial-level institutions, which are based in the provincial capital.
(3) The National Institute and Provincial Institute as referred to in paragraph (1) each member of the element:
a. the association of construction services companies that have met the requirements;
B. the association of construction services professions that have met the requirements;
c. colleges that have a scientific discipline related to the development of construction services and/or experts moving in the field of construction services; and
D. The government, which consists of government agencies responsible for the construction of construction services based on the recommendation of the Minister for the National Institute or the governor for the Provincial Institute.
(4) Remoted.
(5) Remoted.
(6) Remoted.
(7) Remoted.
(8) Remoted.

14. The provisions of Section 25 paragraph (1) remain, the explanation is amended, so that the explanation of Article 25 of the paragraph (1) is as set forth in the Description of the Section for this Service Description, as well as the provisions of Article 25 of the paragraph (2) and the paragraph (3) are changed, so that the overall Article 25 reads as follows:

Section 25
(1) The institution as referred to in Article 24 has a national, independent, independent, and open nature which is in its non-profit.
(2) National Institute of Instituting Affairs is confirmed by the Minister and the affairs of the Provincial Board of the Province are confirmed by the governor.
(3) Further provisions on the manner of selection of caretaker, filial, subject matter and function, as well as the Institute's work mechanism as referred to in paragraph (1) are governed in the Minister's regulations.

15. The provisions of Article 26 are changed, so it reads as follows:

Section 26
(1) The National Level Institute sets out the implementation guidelines of the Institution after it gets the Minister ' s approval.
(2) The Provincial Level Institute in carrying out its function refers to the performing guidelines of the tasks as referred to in paragraph (1).

16. The provisions of Article 27 paragraph (2) are changed, so that the entirety of Article 27 reads as follows:
Section 27
(1) To carry out the duties and functions of the Institution may obtain funds that are among other derived from:
a. the rewards revenue for the Institution ' s services services;
B. contributions from the members of the Institution;
c. assistance from other parties that are lawful and non-binding.
(2) In addition to the funds as referred to in paragraph (1), the Government provides funding support for the Institution ' s secretaration activities.

17. Among Articles 28 and Section 29 are inserted three (three) new chapters, including Articles 28A, 28B, and 28C, which reads as follows:

Section 28A
(1) In the implementation of the task of performing the Construction Workforce registration as referred to in Article 28 of the paragraph (1) the letter c, the National Institute to form the National Workforce Certification Unit and the Provincial Institute to form the Unit Provincial Workforce Certification.
(2) The National Workforce Certification Unit as referred to in paragraph (1) organizes functions:
a. Primary Expert Power certification; and
B. Classification and qualification for foreign power.
(2) The Provincial Workforce Certification Unit as referred to in paragraph (1) organizes functions:
a. The Madya and Young Master Power certification; and
B. Skilled Power Certification.
(3) The Certification as referred to in paragraph (3) is conducted by the Provincial Employment Certification Unit after obtaining a license from the National Level Institute.

Section 28B
(1) In the execution of the task of performing the business entity as referred to in Article 28 of the paragraph (1) the letter d, the National Institute of Service formed the National Entity Entity Certification Unit and the Provincial Institute to form the Agency Certification Unit (s). Provincial effort.
(2) The National Entity Entity Certification Unit as referred to in paragraph (1) organizes functions:
a. enterprise body certification with large qualifications; and
B. the equalization of the classification and the qualifications of foreign enterprise entities.
(3) The Provincial Enterprise Server Certification Unit as referred to in paragraph (1) organizes the certification function for the business entity with medium and small qualifications.
(4) The Certification as referred to in paragraph (3) is performed by the Entity Certification Unit after obtaining a license from the National Level Institute.

Section 28C
(1) In addition to the Workforce Certification Unit set up by the Institution, the construction services society may form a Workforce Certification Unit.
(2) The Workforce Certification Unit as referred to in paragraph (1) only serves the Certification of the Madya, the Young Master, and the Skilled Workforce in 1 (one) provincial territory.
(3) In 1 (one) provincial territory may be formed more than 1 (one) of the Workforce Certification Unit.
(4) The Certification as referred to in paragraph (2) is conducted by the Workforce Certification Unit after obtaining a license from the National Level Institute.

18. The provisions of Article 29 of the letter a and the letter d are changed, so that the entirety of Article 29 reads as follows:

Section 29
The institution has the authority and responsibilities in:
a. provide a license to the Enterprise Certification Unit and the Workforce Certification Unit;
B. provide equal status of foreign labor expertise certificates and foreign business body registration;
c. composing and formulating the provisions of the responsibilities of the profession based on the principles of expertise in accordance with the principles of scholarship, propriety, and intellectual honesty in exercising their profession by keeping the common interests in place;
D. provide sanctions to corporate associations, professional associations, and educational and training institutions that receive accreditation from the Institution for violations committed; and
e. provide sanctions to the construction services provider for violations of the Institution ' s provisions.

19. Between Section 29 and Section 30 of the section 2 (two) sections, Section 29A and Section 29B are listed as follows:

Section 29A
(1) In order to support the implementation of the Institute ' s duties as referred to in Article 28 of the National Institute of the secretariat are set up.
(2) The Secretariat as referred to in paragraph (1) is performed functionally by one of the working units in the Ministry environment responsible in the field of construction.
(3) The further provisions of the secretariat as referred to in verse (1) are governed in the Rule of the Minister after receiving written consent from the minister who led to the affairs of the state apparatus of the state.

Section 29B
(1) In order to support the implementation of the Institute ' s duties as referred to in Article 28 of the Provincial Institute of the establishment of the secretariat.
(2) The Secretariat as referred to in paragraph (1) is exercised functionally by the device of the area that is drugging the construction.
(3) The further provisions of the secretariat as referred to in paragraph (1) are governed in the governor ' s regulation.

20. The provisions of Article 31 are amended, so Section 31 reads as follows:

Section 31
Violations of the provisions of Section 8, Section 8C of the paragraph (1), Section 9, and Section 10 are conducted by individual persons and the construction services of the construction services are subject to the following:
a. written warning;
B. inserts in the list of limitations/prohibition of activities;
c. Restrickable field;
D. revocation of skill certificates or work expertise;
e. registration revocation; and/or
f. Association membership revocation.

21. The provisions of Article 38 are changed, so that Article 38 reads as follows:

Section 38
(1) National Institute of National Instituations and Provincial Instituations in accordance with the provisions of this Government Regulation shall be established at the most time in December 2011.
(2) The National Institute of National Instituations and Provincial Instituts formed before the promulgations of the Regulation of this Government remain in the service until it is the Governing Body Of The National Level Institutions and the Provincial Institute. under the terms of this Government Regulation.

PASAL II
This Government Regulation shall come into effect on the date of the promulctest.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta
On January 6, 2010
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on January 6, 2010
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR