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Regional Regulation No. 5 Of 2007

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2007

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irector of BUMD. 13. The Shareholders ' General Meeting, later called RUPS are

A Limited Perseroan-shaped organ which holds the highest power and any authority that is not submitted to the Board of Directors or a Limited Perseroan-shaped BUMD Commissioner.

BAB II

THE POSITION AND WORK REGION OF Section 2

The Regional Proprietary Entity is a mobile Legal Body in the field of Services and other Business located in the Region of West Papua Province headed by a Principal Director and In the course of duty, it will be responsible to the RUPS.

CHAPTER III OF FORM AND LEGAL ENTITY

Article 3 (1) BUMD is the form of a Regional Perusahan-shaped hokum and

Limited Perseroan. (2) BUMD is the form of a hokum body of the Regional Company guideline on

the laws regarding the Regional Company. (3) A Limited Perseroan-shaped BUMD guidelines on the legislation

regarding the Limited Perseroan.

BAB IV

INTENT AND PURPOSE

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Section 4

(1) The intent and purpose of the Regional Enterprise is referred to in Article 3 of the paragraph (2) is that it provides general expediency, basic services and a core effort in the provision of quality goods and services. affordable prices by the public and seeking profit/profit based on the principles of good company governance.

(2) Mkasud and the Purpose of Limited Perseroan as referred to in Article 3 of the paragraph (3) is hosting an area effort To provide a common benefit for the provision of quality goods and services. seek a profit based on the principles of good corporate governance.

Article 5

BUMD is a Regional Enterprise whose business is commercial in divering its legal form into a Limited Perseroan-shaped BUMD (PT) As per the applicable laws,

CHAPTER V ORGANIZATION BUMD

Section 6 (1) The Regional Enterprise-shaped Enterprises Organization is composed

top: a. The head of the county, as the capital; b. Board of trustees; c. Directors; d. Staff;

(2) Limited Perseroan Area-owned Organizational Entity consists of: a. RUPS; b. Commissioner's board; e. Directors; c. Staff

(3) The BUMD is overseen by the Supervising Board and/or the Board of Commissioners. (4) The structure of the Regional Organizational Entity Organization, as set forth

on the Attachment is an inseparable part of the Regional Regulation.

Article 7

The Board of Commissioners is made up of:

a. Chief Commissioner b. Commissioner

Section 8

The directors are made up of:

a. The Chief Director. B. Director of Finance and Finance. C. Operational Director.

Section 9

The task and head of the Head of the Field, Units are set with the Governor's Decision.

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BAB VI

WORKFORCE

Paragraph 10

(1) BUMD employees are fully subject to the provision of the workforce.

(2) the BUMD employees do not apply to any of the following: Employment provisions apply to civil servants.

bAB VII TATA WORKFORCE

Article 11 (1) In carrying out its duties each Chairman of the Organization Unit in the environment

The Regional Governing Body is obliged to carry out coordination, integration and synchronization of both internal and external with the task of each other;

(2) Each Chairman of the Organization unit is required to oversee its respective subordinates and in the event of an aberration in order to take the necessary steps in accordance with the applicable Laws;

(3) Each Director of the Unit Organizations in the Regional Entity Owned Enterprises are responsible for leading and coordinating the respective subordinates and providing guidance and guidance for the execution of tasks.

BAB VIII CAPITAL Article 12

(1) Government Capital The area on the BUMD is and is derived from

the wealth of the separated regions; (2) Limited Perseroan Modal consists of Government capital

Capital Region of Third Party Modal; (3) Regional capital inclusion in order of establishment or inclusion in

BUMD sourced from: a. Daera Income and Shopping Budget; and b. Lanilla source.

Section 13

(1) Modal derived from the wealth of the Separated Regions is governed by the Regulation of the Regions;

(2) The inclusion of Modal on BUMD and third parties as referred to in Article 12 of the paragraph (2) first. get the Governor's approval;

(3) The change of the Basic Modal referred to in this Section Regulation is exercised in accordance with applicable laws.

BAB IX ADMINISTRATOR

First Section Of The Board

Section 14

(1) The daily BUMD is led by a Board of Directors consisting of a Principal Director who He's got a couple of directors.

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(2) BUMD Directors are Regional Perusahan responsible to the Chief of Regions;

(3) The BUMD Directors are Limited Perseroan responsible to the RUPS.

(4) Members of the Directors are not allowed to have a job or other executive position without the consent of the Regional Head and/or RUPS.

(5) Between your fellow Directors should not be a family relationship to the third degree either according to the straight and sideways line including the son-in-law and brother-in-law, as well as a member of the Board of Directors with the supervising Board member and/or the Board of Commissioners if After the appointment between them there is a relationship, then the post is required to have the Head of the Regional and/or RUPS written permission.

(6) The members of the Board of Directors should not have either direct or indirect personal interest to the company or any other venture that is financed by the BUMD.

Article 15

Members of the Board of Directors are Indonesian Citizens who:

a. has expertise in the entrepreneurial field and is declared a pass through the Kepatutan Test;

b. have the Ahlak as well as moral good; c. loyal and obedient to the State and Government of the Republic of Indonesia; d. not to engage directly or indirectly in any activity

that betrays the State; e. No voting rights were revoked by the Court's Decision; f. healthy Jasmani and Rohani.

Article 16

(1) A Limited Perseroan Member of Directors is appointed by RUPS for a term of 4 (four) years and may be reappointed after the post ended.

(2) Members BUMD directors are Regional Perusahan Shaped by the Regional Head for a term of 4 (four) years and may be reappointed once the post expires.

(3) The Member of Directors may occupy the post of Directors 2 (Two) times the term In a row and at least three (three) times the term of the term, iowned by the area through the angsung-pollination derived from the wealth of the separated regions.

7. The BUMD in the form of a Regional Company is a BUMD whose entire capital is owned by the area.

8. The Supervising Board is an organ of the BUMD in the form of a Regional Corporation in charge of supervising and advising the Board of Regional Directors in the running of the Regional Enterprise's activities.

9. A Limited Perseroan form is a BUMD which is 100% (one hundred percent) or at least 51% (50%%) of its capital is owned by the Regions and is divided into stocks.

10. The Board of Commissioners is an organ of the BUMD which is a Limited Perseroan body-shaped body in charge of supervising and providing advice to the Board of Directors in the running of corporate business activities.

11. The Chief Director is the Principal Director of BUMD Province of West Papua. 12. Director is Df such a condition is very required and executed selectively.

(4) Directors can be lifted with a maximum age limit of 56 (Fifty-Six) years.

(5) The exception of paragraph (3) and paragraph (4) of this section can only be performed on a Limited Perseroan-shaped BUMD after the approval of the RUPS.

Article 17

Before a member of the Board of Directors performs a task based on the Decree on Appointing, against the concerned first performed the appointment and retrieval of the Oath of Title.

Article 18

(1) Directors take care of the BUMD wealth in accordance with applicable laws.

(2) The Directors lift and dismiss the employee under the applicable laws.

Article 19

(1) The Directors representing the BUMD in and outside the Court;

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(2) Directors in writing may give up the power to represent as referred to in paragraph (1) to a person or to a number of other members of the Board of Directors appointed or to a person or to some employees BUMD is either itself or collectively or to another person or body.

Section 20

Order of the Order and the Tata Way of running a Board of Directors is set in a Regulation set by the Regional Head for the Regional Perusahan or Rules set by RUPS for Limited Perseroan in accordance with Regulation Applicable law.

Section 21

Its directors under the Agreement of the Head of State for the Regional Company or the RUPS for the Limited Perseroan, in accordance with the rules of the Law on the proposal of the Board of Commissioners with guidelines to the applicable law-invitation rules may do the following:

a. open branch offices, auxiliary branches, representatives and other business units in accordance with the needs;

b. buy, sell or otherwise obtain or waive rights to BUMD's inventory items;

c. binds the BUMD as the third-party liability guarantor; d. Pawning stuff belongs to BUMD; e. the inclusion of capital within the company as referred to in the Article

14 Regional Regulations.

Article 22

(1) The member of the directors quit because: a. His tenure ended b. Died c. Request yourself d. committing a breach with binding legal sanction.

(2) The members of the Directors are temporarily dismissed by the Commissioner because: a. Conduct an act that is detriable to BUMD; b. conducting conflicting actions or actions with interests

Regions or States; c. a matter which causes the concerned cannot

carry out its duties reasonably. (3) Members of the Directors who are suspected of doing deeds as intended

on the paragraph (2) of the letters a, b, and c may be temporarily dismissed by the Regional Head for the Regional Company or the RUPS for the Restricted Peseroan.

(4) A temporary stop (3) as massed in verse (3) is notified in writing by the Board of Supervising and/or the Council of Directors to the concerned members of the Directors accompanied by the reasons that are accountable.

(5) In the event of a temporary dismissal as such a verse (4) is done things as follows: a. Concerned members of the Directors are given the opportunity to defend

within 1 (one) months since the member of the board is notified about temporary stops.

b. If the member of the member of the Board of Directors does not conduct the defense as intended on a letter a, it is considered accepting whatever is decided by the Board of Trusts and/or the Board of Commissioners.

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c. In the case of the letter a Board of Regents and/or the Board of Commissioners decide whether the member of the board is proposed to be dismissed or temporarily suspended and immediately the decision is officially delivered to RUPS and the Board of Directors. Its release is delivered to the concerned;

d. At least 1 (1) months from the end of the trial referred to in letter a, the Regional Chief of the Da/or RUPS informs its decision on the meaning of the letter c in writing to the member of the board.

SECOND PART

DEWAN COMMISSIONER/BOARD COMMISSIONER Article 23

(1) The Supervising Board/Board of the Commissioners establishes the general policy of the BUMD, exercising oversight, control and coaching against the BUMD under applicable law.

(2) the Council The supervisor is responsible for the Chief of the County. (3) The Board of Commissioners is responsible to RUPS.

Section 24

(1) Members of the Supervising Board/Board of Commissioners consist of as many as-many 5 (five) persons;

(2) Supervising Board Members are nominated and elected by the Chief of Regions; (3) Members of the Board of Commissioners are nominated and elected by RUPS (4) Members of the Supervising Board/Board of Commissioners are appointed by the Head

Daerah/RUPS and elected candidates are included in verses (2) and (3) for office for 4 (four) years and may be appointed for the next term if the one is concerned re-elected;

(5) Supervising Board/Board of Commissioners composed of element officials Professional Regional Government, and/or communities of consumen

Section 25

Order and How to run the work of the Supervising Board/Board of Commissioners is set by the Chief Daerah/RUPS in accordance with the provisions and laws of the Board of Trusts. apply.

Article 26

The Supervising Board Member/Board of Commissioners quit because:

a. The reign of her days is over. Died c. Request Himself d. I'm going to have to do what's wrong with the Perform actions or actions that are contrary to the interests

Area or Country f. Something that results in the question cannot

operate the task in a reasonable way; g. committing a violation with binding Law sanctions.

(2) The Pit Stop as referred to in paragraph (1) is done with the Regional Chief Decision Letter for the Supervising Board or RUPS for the Board of Commissioners.

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BAB X

ASSIGNMENT AND PROFIT USAGE

Article 27

(1) BUMD net Laba is used for Deviden payment and BUMD Effort Development;

(2) Deviden BUMD which is the right of the region directly. into the treasury of the area after being passed by the Regional head for Regional Perusahan or the RUPS for the Limited Perseroan as the Native Income.

bAB XI

REGIONAL HEAD AUTHORITY AND RUPS

Article 28

(1) Regional Head provide approval of the development policies of the proposed Regional Perusan Area of Directors,

(2) The policy referred to in paragraph (1) is specified in accordance with the Regional Perusan in question.

Article 29

The Regional Head is not responsible for any consequence. The law of Perumda and untangled by the loss of Perumda exceeds the richness of the area that has been separated into the Perumda, unless the Regional Chief:

a. Either directly or indirectly in bad faith utilised the Regional Company solely for its personal or group interest;

b. Engage in acts against the hokum done by the Regional Perusahan; or

c. Neither directly nor directly directly against the hokum using the Regional Enterprise's wealth.

Article 30

(1) RUPS has any authority not given to the Board of Directors or the Commissioners ' Council within a defined limit;

(2) RUPS reserves the right to obtain any information relating to the interests of the BUMD in the form of a Limited Perseroan form of the Board of Directors or the Board of Commissioners.

BAB XII

COOPERATION Article 31

(1) BUMD can perform its business activities through mutually beneficial cooperation with the third Party;

(2) Tata way of cooperation as defin