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REGULATION OF NORTH SUMATRA PROVINCE
NUMBER 11 YEAR 2007
ABOUT
FORMATION OF PT. CONSTRUCTION OF THE NORTH SUMATRA INFRASTRUCTURE
WITH THE GRACE OF GOD ALMIGHTY
GOVERNOR OF NORTH SUMATRA,
DRAWS: A. that in order to build and
the success of its implementation in North Sumatra Province,
is seen as needing to integrate the hosting of the
infrastructure and means to improve the general service;
b. that the implementation of infrastructure and the means
as item a above, needs to be paddled with
the North Sumatra regional development program based
on the principles of justice with no ignoring
community interests and welfare in Sumatra Province
North;
c. that for development and increased investment,
in particular in the area of infrastructure and means in Sumatra Province
North, and in order to fulfillment the needs of the community
that is increasing, then it is viewed need to establish
A Limited Perseroan (PT) that moves in the field of investment;
d. that based on consideration as the letter
a, the letter b and the letter c above, need to form the Regulations
The Province of North Sumatra Province about
The formation of PT. Construction of Prasarana North Sumatra.
Given: 1. Law No. 24 Year 1956 on Establishment
Autonomous Region of Aceh Province and Change of Regulation
Formation of North Sumatra Province (State Sheet
Republic of Indonesia in 1956 Number 64, Extra Sheet
State Number 1103) jo. Government Regulation No. 21 Year
1950 on the Establishment of the Province of Propinsi (State Sheet
Republic of Indonesia 1950 Number 59);
2. Law No. 5 Year 1962 on Companies
Regions (State Sheet Of The Republic Of Indonesia In 1962
Number 10, Extra State Sheet Number 2387);
3. Bill ...
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3. Law Number 1 Of 1995 About Perseroan
Limited (sheet Of State Of The Republic Of Indonesia In 1995
Number 13, Extra State Sheet Number 3587);
4. Law Number 10 Year 2004 on Establishment
Laws Of The Republic
Indonesia In 2004 Number 53, Extra State Sheet
Number 4389);
5. Law Number 32 of the Year 2004 on Governance
Regions (State Sheet of the Republic of Indonesia 2004
Number 125, Extra State Sheet 4437)
as amended by Act No. 8
Year 2005 on Establishing Replacement Government Regulations
Act Number 3 of 2005 on Change
Act Number 32 of 2004 on Governance
Regions into Act (Republican State Sheet
Indonesia In 2005 Number 108, Additional State Sheet
Number 4548);
6. Government Regulation Number 12 Of 1998 About The Company
Perseroan (Persero) (sheet Of State Of The Republic Of Indonesia
In 1998 Number 15, Additional Gazette Number
3731);
7. Government Regulation No. 26 of 1998 on Usage
Name of the Limited Use (Republic of the Republic of Indonesia
Year 1998 Number 39);
8. Government Regulation No. 27 of 1998 on
Combined, Seizure And Takeover of Perseroan
Limited (State Gazette of the Republic of Indonesia in 1998
Number 40);
9. Government Regulation Number 25 Year 2000 on
Government Authority and Authority of Propinsi as
Autonomous Region (State Gazette of the Republic of Indonesia of the Year
2000 Number 54, Additional Gazette Number 4139);
10. State Minister Rule Number 3 of 1998 on
The Law Form of the Regional Property Agency.
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With A Joint Agreement
THE PEOPLE REPRESENTATIVE COUNCIL OF THE PROVINCE OF NORTH SUMATRA PROVINCE
AND
NORTH SUMATRA GOVERNOR
M E M U T U S K A N:
Set : REGIONAL REGULATIONS ON THE FORMATION OF PT. DEVELOPMENT
PRASARANA NORTH SUMATRA
BAB I
provisions UMUM
Article 1
In this Regional Regulation referred to:
1. The area is North Sumatra Province.
2. The Regional Government is hosting the
Government by the Regional Government and the DPRD according to the principle
autonomy and duties of the host.
3. The Regional Government is the Governor, the Regent, or the Mayor and
the device of the area as the organizer of the Government
Area.
4. The Governor is the Governor of North Sumatra.
5. The next Regional People's Representative Council is called DPRD
is the Regional People's Representative Council of the Province of Sumatra
North.
6. The Provincial Government is the Government of the Province of North Sumatra.
7. The Government of the Regency/City is the Government of Regency/City
in North Sumatra Province.
8. The PT. The construction of the next North Sumatra Prasarana can
abbreviated PT. PPSU is the Development Limited Perseroan
Prasarana North Sumatra, which moves in the field
activities/investment ventures, established under the provisions
applicable laws.
9. The next Shareholders General Meeting called RUPS is
The General Shareholders Meeting of PT. Construction of Prasarana
North Sumatra.
10. The Board of Commissioners is the Council of the Construction
Prasarana North Sumatra.
11. Commissioner ...
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11. The Chief Commissioner is the Chief Commissioner of PT. Construction
Prasarana North Sumatra.
12. The Commissioner is the Commissioner of PT. Construction of Prasarana
North Sumatra.
13. The Board of Directors is the PT. Construction of Prasarana North Sumatra.
14. The employee is an employee of PT. Construction of Prasarana North Sumatra.
15. The Third Party is a Private, Cooperative and
Individual Business Agency.
16. The Act of Establishment is the Founding Act of PT. Construction
Prasarana North Sumatra.
17. Stock is a proof of ownership of the capital PT. Development
Prasarana North Sumatra which gives the rights to deviders
and others.
18. The Basic Budget is the Basic Budget of PT. Development
Prasarana North Sumatra compiled by the founder with
mempedomani Act No. 1 of 1995.
19. The next Regional Revenue and Regional Shopping Budget is called
APBD is the Provincial Budget and Shopping Budget
North Sumatra.
20. The Perseroan Regulation is the regulation of the "Limited" (PT.) which is composed by the Directors and approved by the Meeting
General Shareholders (RUPS) whose contents are set about
the management outside specified by the Budget. Base.
BAB II
INTENT AND PURPOSE
Section 2
The Establishment of the Regional Enterprises Entity Is Intended To
establish a Limited Perseroan Business Agency (PT),
moves in the field of investment for infrastructure construction and
appropriate means with Regional authority, so capable
provides increased service to the community, encouraging
Regional economy as well as contributing to
Regional Original Revenue.
Article 3 ...
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Section 3
Limited Perseroan (PT) set up as
referred to in Section 2, aims to host and
manage investment field efforts for infrastructure development
and means with economic and business principles
professional and responsible under the rules
applicable laws.
BAB III
FORMATION
Article 4
(1) With the Regulation of this Area, the established Area Property Agency
The legal entity of the form of Limited Perseroan (PT), is given
the name of PT. Construction of the North Sumatra infrastructure.
(2) The implementation of the establishment of PT. The construction of Prasarana Sumatera
North as referred to in paragraph (1), performed by
The Governor pursuant to Law No. 1 of 1995 on
Limited liability and other laws
applicable.
(3) The PT. The construction of the North Sumatra Prasarana as
is referred to in paragraph (1), established together with some
the Regency/City Government and/or the business entity
the private swasta/private.
(4) The implementation of the establishment of PT. The construction of Prasarana Sumatera
North as referred to in verse (2), was implemented
with the Notary Akta with a guideline in the Act
Number 1 of the Year 1995 about the Limited Perseroan.
BAB IV
PLACE OF POSITION
Article 5
PT. PPSs are located and headquartered in Medan and
may establish branch offices and venture units in
certain areas deemed necessary to be established through
RUPS decisions.
BAB V ...
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BAB V
VENTURE ACTIVITIES
Section 6
(1) To achieve the intent and purpose in question
in Article 2, PT. The PPSU runs a variety of activities/ventures
which will next be set up in the Basic Budget.
(2) Planning, organizing, construction, operation, and
maintenance in the running of various activities/efforts
as referred to in Section 6 of the paragraph (1), adjusted
with the needs and capabilities of The PT. PPSU.
(3) Addition and reduction of activities/efforts as
referred to in Article 6 of the paragraph (1), must be done with
RUPS Agreement.
Section 7
In planning, organizing, building,
operating and maintaining its efforts, PT. PPSU may
perform cooperation or in any other form with the Party
Third after getting the RUPS approval.
BAB VI
M O D A L
Article 8
(1) Basic Modal PT. PPSU Rp. 20.000,000,000,-(Twenty milyard
rupiah).
(2) At the time of the founding of PT. PPSU is at least 25% (twenty-five
percent) of basic capital as referred to in paragraph (1),
must already be placed.
(3) Any capital placement as referred to in paragraph (2),
must be already in size 50% (fifty percent) of the value
nominal each share issued.
(4) The whole of th .....
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(4) The entire capital placement has been issued as
referred to in paragraph (3), must be full-in at the time
of the PT. PPSU with proof of valid deposit.
(5) Modal setor PT. PPSU as referred to in paragraph (1),
is a stock inclusion consisting of:
a. The Provincial Government is at least 51% (Lima
up to one percent); and
b. The District/City Government and the third party as much as-
amount to 49% (Forty-nine percent).
Article 9
(1) The change of basic capital composition is set by RUPS in
applicable laws.
(2) For the first time the capital is tuned to PT. The PPSU is wholly owned
by the Provincial Government and the District/City Government.
(3) For the next PT. PPSU may sell shares to the party
third with a provision of at least 51% (fifty-one
percent) the shares must remain owned by the Provincial Government.
BAB VII
S A H A M
Section 10
(1) The Provincial Government's stock inclusion is a wealth
The Provincial Government separated from the APBD.
(2) The inclusion of ...
(2) The Regency/City Government's stock inclusion is
the wealth of the District/City Government separated from
District/City Regional Revenue and Shopping Budget and the City of the City.
(3) The third party stock inclusion is coming from the individual and
or any other legal entity.
Article 11 ..........
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Article 11
(1) The shares issued by PT. PPSU is on behalf of.
(2) The type and nominal shares are set in the RUPS.
(3) Any shareholder, according to the law must be subject to all
decisions taken with legitimate in RUPS.
Section 12
Terms and Regulations on Shareholders List,
Takeover Rights of Stock, Stock Gadai and duplicate shares are set
in the Basic Budget with regard to the Perundang Regulation-
invitation Applicable.
BAB VIII
R U P S
Article 13
(1) RUPS is the highest power.
(2) RUPS is made up of the Annual RUPS and other RUPS.
(3) RUPS was held at least once a year.
(4) The Annual RUPS is held in the slowest time
6 (six) months after the book year ends.
(5) Other RUPS may be held at any time based on
needs.
(6) The RUPS decisions are taken on the basis of deliberations and
mufakat with regard to the laws
in effect.
(7) Tata ....
(7) The order of the RUPS alignment is set by the RUPS which
first, with guidelines on the Basic Budget.
BAB IX
BOARD COMMISSIONER
Article 14
(1) Dewan ........
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(1) The Board of Commissioners is composed of a Principal Commissioner and
2 (da) the Commissioners who are appointed from the professional power
who have the achievement, dedication, loyalty and integrity after
through the test
(2) To assist the duties of the Board of Commissioners appointed
The secretary is not a member.
(3) The Board of Commissioners is appointed by the RUPS of the candidates
is submitted by Shareholders for a term of 5 (five) years
and may be reappointed in 1 (one) period
the next.
(4) In carrying out its duties, the commissioner must comply
The Basic Budget and the Law and Regulations
execute the principles of good corporate governance.
(5) Procedure, requirements, The appointment, tenure, duty and
authority as well as the dismissal of the Board of Commissioners are set in
Basic Budget.
BAB X
DIRECTORS
Section 15
(1) PT BUSINESS. PPSU is performed by 3 (three) members ' members
Directors and one of them as Principal Directors and
2 (two) people as directors who are appointed from the power
professionals who have achievements, dedication, loyalty and
integrity after going through test of wrineness and eligibility that
is exercised by an independent agency.
(2) The members of the Directors are appointed by RUPS of the candidates
proposed shareholders for a term of 5 (five) years
and can be reinstalled in 1 (one) period
next.
(3) In carrying out its assignment of Directors must comply with the Budget
Basic and Regulation laws as well as mandatory
carry out good corporate governance principles.
(4) Procedure of ...
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(4) Procedure, requirements, appointment, tenure, duties and
powers as well as the termination of the Directors are set in the Budget
Basic.
BAB XI
WORKFORCE
Section 16
(1) The Perseroan employees are appointed and dismissed by the Directors
in accordance with applicable laws.
(2) The rights and obligations of the employees are governed by the Directors with
the approval of the Board of Commissioners in accordance with the rules of law-
the invitation that applies with regard to the capability
Perseroan.
BAB XII
LOGO
Section 17
(1) To affirm PT's identity. The PPSU is designated a logo.
(2) Logo as referred to in paragraph (1), will be set more
in the Basic Budget.
BAB XIII
YEARS OF BOOKS, WORK AND BUDGET PLANS
Article 18
(1) The Year of the Book of PT. PPSU is a taxable year.
(2) The work and budget plan is submitted by Directors to the Board
The Commissioner for obtaining authorization in RUPS.
(3) The Concern of the Work and Budget Plan as intended
in paragraph (2) this section, must be performed at least 1
(one) months before the book year ends.
Article 19 ..........
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Article 19
(1) At each end of the book year, the financial statements are made
PT. PPSU consists of balance sheet, profit/loss calculations, and
capital change report after being audited by Public Accountant
listed.
(2) Within 5 (five) months after the year of the book PT. PPSU is closed,
Directors compiled the Annual Report to be filed in RUPS.
BAB XIV
ASSIGNMENT AND USE OF NET PROFIT
Article 20
(1) Net Laba after tax cut and passed by RUPS,
was first set aside for the Reserve Fund prior to the
is set to be a dividend for shareholders.
(2) Redemption and use of net profit as referred to
in paragraph (1), set in the Base Budget.
BAB XV
MERGE, SMELTER
AND TAKEOVER
Article 21
(1) Merger, smelting and takeover
Perseroan set by RUPS.
(2) Tata method of incorporation, smelting and takeover
PT. PPSU as referred to in paragraph (1), poured
in the Basic Budget.
BAB XVI
SUPERVISION
Section 22
The supervision of the duties and functions of the Directors in
run and manage PT. PPSU is performed by the Board of Commissioners
under applicable law.
BAB XVII
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DISSOLUTION AND LIQUIDATION
Article 23
(1) Dissolution and Liquidation of PT. PPSU is set by RUPS and
Court designation in accordance with the perinvite rule-
the applicable invitation.
(2) The manner of the dissolution and liquidation of Perseroan as
is referred to in paragraph (1), poured in Base Budget.
BAB XVIII
provisions CLOSING
Section 24
Things that are not yet set in this Regional Regulation,
as long as the implementation will be further set in
The Budget Basic and RUPS.
Section 25
The rules of this section begin to take effect on the date of the promulcity.
So that everyone will know it, ordering
the invitation of this Area Regulation with its placement in
Area of the Province of North Sumatra.
specified in Medan
on August 30, 2007
GOVERNOR OF NORTH SUMATRA,
dto
RUDOLF M. PARDEDE
It was promulcaged in Medan
on the
PROVINCIAL REGIONAL SECRETARY,
H. MUHYAN TAMBUSE
LEAF REGION OF NORTH SUMATRA PROVINCE OF 2007 NUMBER
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EXPLANATION
ABOVE
NORTH SUMATRA PROVINCIAL COUNTY REGULATION
NUMBER 2007
ABOUT
PT. CONSTRUCTION OF NORTH SUMATRA INFRASTRUCTURE
I. GENERAL EXPLANATION
Prasarana and means is one of the infrastructure that
supports economic development and concerns growth and
the public life alignment, indicated of the developmental pattern prasarana
needed such as a freeway, electrical infrastructure provision,
oil and gas, mining, divinity, housing, and agribusiness and
others.
infrastructure services and means will
provide benefits for both sides The user-user and maintainer, which
in turn will give a greater boost to growth
and the alignment in all aspects of life.
According to the Provincial Authority under the Law Number 32 Year
2004 jo. Government Regulation No. 25 Year 2000, opportunities for management
infrastructure and means need to be done with the principle of public policy and activities
business ventures by not ignoring the interests of the Regions with
pay attention the improvement of community welfare in North Sumatra.
Watch the scope of the area of business handled as well as
the complexity of the application and management for its development in the future
, then it needs to be formed. specialized companies whose activities are not
covered in existing BUMD.
For clarity and solubility of distribution services as well as certainties
responsible for implementation, the governing Local Regulation is required
PT. Construction of Prasarana North Sumatra aimed at infrastructure and
means in North Sumatra:
1. integrated as an alternative to the public service that moves in the field of investment
and is a unity of the public service network system and investment already
there and is a unit of public service network system;
2. able ......
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2. able to provide services as best to the community, help
move the Regional economy and be able to contribute to
Regional revenue;
3. can provide an increase in land order value and environmental arrangement;
4. can improve employment and investment opportunities;
5. can attract investors ' interest in growing capital in a variety of fields
effort and investment; and
6. are able to improve the social services of the community and government.
II. THE EXPLANATION OF THE SECTION FOR SECTION
Article 1: The terms in this section are intended to
prevent any misinterpretation and misunderstanding
in understanding and carrying out the articles in
The Regional Regulations.
Article 2 s/d 10: clear enough
Article 11 paragraph (1): The top stock of the name is the stock that lists
the name of the holder or its owner.
paragraph (2): clearly enough
paragraph (3): is clear enough
Article 12 s/d 18: is quite clear
Article 19 paragraph (1): Financial Reporting of PT. Construction of Prasarana Sumatra
North in audits by the settled Public Accountants
paragraph (2): clear enough
Article 20 s/d 25: quite clear
ADDITIONAL LEAF AREA OF NORTH SUMATRA PROVINCE NUMBER
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