Applicable Local Number 8 In 2006

Original Language Title: Peraturan Daerah Nomor 8 Tahun 2006

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No. 6 2006 series. E SHEET REGION of WEST JAVA PROVINCE No. 6 2006 series. E REGULATORY REGIONS of WEST JAVA number 8 in 2006 about CONSTRUCTION SERVICES with the GRACE of GOD ALMIGHTY the GOVERNOR of WEST JAVA, Considering: a. that in the framework of the implementation of Act No. 18 of 1999 about construction services and regulations implementation, need for the efforts of the arrangement, empowerment and supervision by the local authorities in accordance with those powers against construction services in West Java; 1 http://www.bphn.go.id/no. 6 2006 series. E b. that based on consideration in letter a above the need to form a Regulatory Region of West Java province about construction services; Remember: 1. Act No. 11 of 1950 on the establishment of the province of West Java (State News July 4 1950) jo. Act No. 23 of 2000 on the establishment of Banten Province (State Gazette Number 182 in 2000, an additional Sheet country number 4010); 2. Act No. 1 1970 about Work Safety (State Gazette No. 1 in 1970, an additional Sheet country number 2922); 3. Act No. 3 of 1982 on Obligatory list of companies (State Gazette number 7 in 1982, an additional State Gazette Number 3214); 4. Law No. 1 year 1995 concerning limited liability companies (State Gazette No. 13 in 1995, an additional State Gazette Number 3587); 5. Act No. 9 of 1995 concerning small enterprises (State Gazette Number 74 in 1995, an additional State Gazette Number 3611); 6. Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Businesses (State Gazette Number 33 of 1999, an additional State Gazette Number 3825); 2 http://www.bphn.go.id/no. 6 2006 series. E 7. Act No. 8 of 1999 on the protection of the consumer (State Gazette Number 42 in 1999, an additional State Gazette Number 3821); 8. Act No. 18 of 1999 about construction services (State Gazette Number 54 in 1999, an additional Sheet country number 3794); 9. Act No. 30 of 1999 regarding arbitration and alternative dispute resolution Options (State Gazette Number 138 in 1999, an additional State Gazette Number 3872); 10. Act No. 28 of 2002 on Building (State Gazette Number 134 in 2002 an additional Sheet country number 4247); 11. Law Number 32 of 2004 concerning Regional Government (State Gazette Number 125 of 2004, an additional State Gazette Number 4437) as amended by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 regarding changes to the Law Number 32 of 2004 concerning Regional Government became law (State Gazette Number 108 in 2005, an additional State Gazette Number 4548); 3 http://www.bphn.go.id/no. 6 2006 series. E 12. Government Regulation Number 69 in 1996 on the implementation of rights and obligations, as well as the form and The Peranserta society in Spatial (State Gazette Number 104 in 1996, additional State Gazette Number 3660); 13. Government Regulation Number 28 in 2000 about the efforts and roles of the construction services Society (State Gazette Number 63 in 2000, State Gazette Supplementary Number 4099); 14. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette Number 64 in 2000, an additional Sheet country number 3956); 15. Government Regulation number 30 in 2000 on the Organization of construction of construction services (State Gazette Number 65 in 2000, State Gazette Supplementary Number 3957); 16. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette Number 165 in 2005, an additional State Gazette Number 4593); 17. Presidential Decree Number 177 in 2000 about the Organization and duties of the Department. 4 http://www.bphn.go.id/no. 6 2006 series. E 18. Presidential Decree number 80 in 2003 about the implementation of the guidelines for procurement of goods/services the Government has several times changed the last presidential Regulation No. 8 of 2006; 19. Presidential regulation Number 67 in 2005 about the Government's Cooperation with the Agency's efforts in the provision of Infrastructure; 20. West Java area of Regulation No. 15 of 2000 about Regional Office of West Java province (Region 2000 Sheet Number 20 Series D) Jo. Regional Regulation No. 5 of 2002 on changes to the Regulation region of West Java province number 15 in 2000 about the Regional Office of West Java province (Sheet region number 8 Serie D); 21. West Java area of Regulation No. 1 of 2004 on the strategic plan of the Government of West Java province 2003-2008 (Regional Gazette 2004 number 1 Series D, additional Regional Sheet number 6); 22. West Java area of Regulation No. 3 of 2005 on the establishment of Regional Regulations (Gazette No. 13 of 2005 Regional E series, an additional Sheet region number 15). http://www.bphn.go.id/no. 6 2006 5 series. E with the mutual agreement of the REGIONAL PEOPLE'S REPRESENTATIVE COUNCIL of WEST JAVA and WEST JAVA GOVERNOR DECIDED: setting: LOCAL REGULATIONS on CONSTRUCTION SERVICES. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. The area is an area of West Java province. 2. Local Government is the Governor and the region as organizer of local governance. 3. The Governor is the Governor of West Java. 4. Office of the Agency is responsible for handling the coaching field construction services in West Java province. 5. Construction Services is planning consultancy services construction work, construction work implementation services and consultancy services supervision of construction work. 6 http://www.bphn.go.id/no. 6 2006 series. E 6. Construction work is a whole or part of a series of planning activities and/or implementation along with the supervision of the architectural work, which includes civil, mechanical, electrical, environmental and governance respectively, along with its furnishings, to realize a building or other physical form. 7. Service users are those individuals or entities as the giver of the task or the owner of the work that requires services construction services. 8. The service provider is an individual person or entity the activities of its business providing construction services. 9. The Forum construction services Area is a means of communication and consultation between the Community construction services with local governments on matters relating to the issue of construction services which is area area, independent and self-sufficient. 10. The Institute is an institution Development construction service who are independent and independently based on legislation. 11. certificate of Venture is evidence of recognition in the determination of the classification and qualifications upon the competence and capabilities in the field of construction service business either in the form of an individual person or business entity. 7 http://www.bphn.go.id/no. 6 2006 series. E 12. Certificate of Profession is a sign of recognition of the evidence of the competence and ability of the profession job skills and job skills of people in the field of individual construction according to scientific discipline and/or particular skills and/or expertise and/or functionality. 13. Accreditation is a process of assessment by the Agency against: a. construction services company Association and the Association of the profession construction services over the competence and performance of the Association to perform certification of members of the Association; or b. education and training institutions construction services over the competence and performance of the institutions to be able to publish job skills certificates and/or certificate of employment skills. 14. Construction Services Society is a part of the community who have an interest and/or activities related to business and construction work. 15. Construction activity is setting, empowerment, and supervision carried out by the Government and local authorities against service providers, service users and the public. 16. Dispute Resolution Services Construction is a process of dispute resolution between providers with service users in a particular legal relationship, based on the agreement or the employment contract of the construction. 8 http://www.bphn.go.id/no. 6 2006 series. E 17. The institution of alternative dispute resolution Services Construction is an institution formed by the General construction services. CHAPTER II BASIC, GOALS and OBJECTIVES article 2 Organization of construction service based on honesty and justice, benefit, harmony, balance, independence, openness, partnership, security and safety. Article 3 the purpose of setting the construction services: a. protect the public construction service, including the interests of the general public; b. manifest a conducive business climate in organizing construction services; c. give the direction of the growth and development of construction services to realize a solid business structure, competitive, powerful and high quality construction work results; d. embody the role of the community as well as accommodating, open, honest and fairness in implementing construction services. 9 http://www.bphn.go.id/


No. 6 2006 series. E article 4 Goal setting construction services: a. an orderly construction services business, the orderly conduct of the construction works and the orderly utilization of results of construction works; b. ensure the equality of position between service users and service providers in the rights and obligations; c. improving compliance all parties concerned against the legislation. CHAPTER III SCOPE of article 5 scope of construction services settings include the following: a. service users, service providers and community construction services; b. licensing venture construction services; c. the selection of service providers, contract construction services, failure of a building; d. construction construction services in the form of arrangements, empowerment and supervision; e. dispute resolution and sanctions. 10 http://www.bphn.go.id/no. 6 2006 series. E CHAPTER IV obligations, RIGHTS and POWERS of the Union section of User Services article 6 mandatory service users: a. comply with the licensing over the construction work to be performed; b. fulfill the conditions in accordance with the plan or agreement has been established together; c. comply with all laws and regulations governing the construction and work of provisions related to construction work. Article 7 service users are entitled to: a. gets correct information over construction work carried out; b. got service construction service of the service provider in accordance with the construction services company classification or classification of construction labor and construction service company qualification or qualifications of the labor of construction services; c. got service construction services that are effective, efficient and quality of service providers; 11 http://www.bphn.go.id/no. 6 2006 series. E d. gets a replacement for losses incurred as a result of the fault service providers; e. carry out construction quality test as set forth in the contract of employment. The second part of article 8 service providers service providers obligated: a. meets the requirements and provisions of legislation; b. has a business license construction services; c. provide information over construction work carried out; d. has a company Association of business certificate accredited and registered by the institution; e. have the certificate of the association profession profession or education and training institutions that is accredited and registered by the institution; f. open a representative office in West Java region for service providers from outside the area of West Java, elected to do construction work in the area of West Java; g. opens representative office in West Java region and cooperate with service providers in the area of West Java province in the form of partnerships or other forms of cooperation, for service providers 12 http://www.bphn.go.id/no. 6 2006 series. E foreign elected to do construction work in the area of West Java; h. provide reimbursement for losses incurred as a result of the fault service providers; i. meet the conditions in accordance with the plan or agreement has been established with. Article 9 the provider reserves the right to: a. the top job services construction services in accordance with the certificate of business or profession of the certificate; b. the top rewards of construction services rendered, in accordance with the agreement that has been fixed in advance; c. reroute the losses incurred to third parties upon the occurrence of the failure of the construction and the building to the insurers. The third section of the Association of Companies, associations and Profession education and Training Institutions Construction Association of article 10 of the company, the Association of profession and education and training institutions construction services that are accredited by the institution reserves the right to eject 13 http://www.bphn.go.id/no. 6 2006 series. E business certificate or certificate of profession, in accordance with the legislation. The fourth part of the obligation of local governments article 11 (1) local governments shall be obliged to provide information about the existence of a policy in the field of construction services, both national and regional policies policy in West Java. (2) local government is obliged to include regional service providers in the provider selection activities. Part five article 12 local Government Authority of local government authorities: a. establish and facilitate the Agency reserves the right to assess the company's Association, the Association of the profession, educational institutions and training as well as registering business entities in the field of construction services in accordance with laws-invitation. b. Conduct construction construction services. c. Implement other authorities provided for in legislation. 14 http://www.bphn.go.id/no. 6 2006 series. E of article 13 (1) local governments do coaching in the implementation of construction services are carried out by the Department. (2) in the framework of the construction construction services referred to subsection (1), the Office of coordinating with relevant agencies. (3) the Ordinance construction construction services referred to subsection (1) are governed further by regulation of the Governor. Chapter V ROLE of the COMMUNITY is considered Part of the community Construction of article 14 (1) construction services Society organizes the Forum construction services, in accordance with the legislation. (2) the Forum Venue construction services Area can be facilitated by local governments. (3) Forum bersekretariat in the area of construction Services Department Office. 15 http://www.bphn.go.id/no. 6 2006 series. The second part of the Forum e construction services Area of article 15 (1) construction services Area Forum meetings remain to discuss in a transparent variety of things related to construction services at least one time in a year. (2) the general public, the public construction service and the business concerned with construction services can deliver the aspirasinya to the Forum. (3) the results of the Forum Regional construction service delivered to local governments, Regional Agencies and associations that are associated as a consideration for the development of construction services. The third part of the regional construction service development institution of article 16 (1) of the regional Agencies are independent and independently on the basis of laws-invitations with construction services company Association, the Association of the profession construction services, the College of experts relating to the field of construction services and units of the device Work related Areas. 16 http://www.bphn.go.id/no. 6 2006 series. E (2) independent and independent nature of the question in paragraph (1) applied in the articles of Association and bylaws of regional Institutions. (3) the regional Institution has the right to appoint third parties as an Expert Evaluator in a dispute over the failure of the construction work and/or dispute the failure of buildings which occurred in West Java region. Article 17 (1) of the regional Institution is obliged to announce the results of the accreditation of the Association of the company and the association profession, as well as education and training institutions in the field of construction service business are eligible to issue a certificate or certificates of profession, in accordance with the legislation. (2) the institution of compulsory Areas announced a list of Registration of companies (DRP), a list of Sanctions the company (DSP) and a black list of companies (DHP). (3) the announcement referred to in subsection (1) and (2) are conducted at least once a year in print and/or information systems construction services that reach out to the community around the West Java region. (4) Regional Institutions obliged to announce activities and its performance to the public as a liability towards the public. 17 http://www.bphn.go.id/no. 6 2006 series. E CHAPTER VI the SELECTION of SERVICE PROVIDERS is considered part of the selection of service providers Article 18 (1) the selection of service providers include election planners, implementers and overseer of the construction work. (2) the selection of service providers referred to in subsection (1) is carried out according to the procedures and the procedure provided for in legislation. (3) the selection of service providers within the framework of a cooperation agreement with local government entities in the provision of infrastructure are bound to the laws of the second part of the invitation-employment contract construction service article 19 (1) Construction Services Contracts between service providers with users of the service are made on the basis of the agreement of the parties and based on the legislation. 18 http://www.bphn.go.id/no. 6 2006 series. E (2) Construction Services Contracts as referred to in paragraph (1) using the language of Indonesia and other languages where necessary. CHAPTER VII BUILDING FAILURE article 20 (1) the failure of the building which became the responsibility of the service providers is determined as of late submission since construction work and the longest 10 (ten) years. (2) the failure of the building referred to in subsection (1) are set by third parties as appraisers are experts. CHAPTER VIII SETTLEMENT of DISPUTES Article 9 dispute resolution services construction can be reached through the courts or out of court based on voluntary choice of the parties to the dispute. 19 http://www.bphn.go.id/


No. 6 2006 series. E section 22 (1) resolution of disputes outside of the Court may be submitted to the institution of alternative dispute resolution Services construction. (2) the institution of alternative dispute resolution construction services as referred to in paragraph (1) was formed by the local government and/or public construction service with attention to the legislation. CHAPTER IX ADMINISTRATIVE SANCTIONS of article 23 (1) of the administrative Sanctions referred to in article 6 that may be subject to service users in the form of: a. a written warning; b. the prohibition while the use of the results of the construction works; c. permit the freezing of the implementation of the construction works; d. implementation of the construction works permit revocation. (2) administrative Sanctions referred to in article 8 which can be imposed upon service providers include: 20 http://www.bphn.go.id/no. 6 2006 series. E a. written warning; b. temporary suspension of construction work; c. limitation of business license and/or profession; d. the freezing of business license and/or profession; e. revocation of business license and/or profession. CHAPTER X the CLOSING PROVISIONS Article 24 (1) things haven't quite set in the regulation of this area, all the technical pelaksanaanya further defined by regulation of the Governor. (2) the rules of implementation of these local regulations set out above no later than 1 (one) year since this Area Regulations enacted. Article 25 of the regulation of this area comes into force on the date of promulgation. 21 http://www.bphn.go.id/no. 6 2006 series. E to let everyone know, ordered the enactment of regulations in this Area with its placement in the piece area of West Java province. Set in Bandung on 4 Agutsus 2006 WEST JAVA GOVERNOR DANNY SETIAWAN ttd, Enacted in Bandung on August 7, 2006 WEST JAVA PROVINCE REGIONAL SECRETARY, ttd LEX ADMIRAL SHEET REGION of WEST JAVA PROVINCE in 2006 SERIES number 6 E 22 http://www.bphn.go.id/no. 6 2006 series. E EXPLANATION of REGULATORY REGIONS of WEST JAVA PROVINCE number 8 in 2006 about CONSTRUCTION SERVICES i. GENERAL construction services is a line of business that many interested community members at various levels as seen from makin the large amount of companies engaged in the field of construction service business, but an increasing number of these have not been followed by an increase in qualification and performance so that product quality, timeliness and efficiency of implementation of human resource utilization moral, and technology in organizing construction service has not been sebagimana expected. Legal awareness in the Organization of construction work needs to be improved, including compliance with the party i.e. service users and service providers in the fulfillment of its obligations as well as the fulfillment of the provisions against related aspects of security, safety, health and the environment so as to materialize the building qualified and able to perform as planned. Public awareness of the benefits and significance of construction services still need to be developed so that the ditumbuh is capable of supporting the realization of order in organizing construction work optimally. 23 http://www.bphn.go.id/no. 6 2006 series. E Act No. 18 of 1999 about construction services, article 35 and the Government Regulation number 30 in 2000 on the Organization of construction of construction services, mandates the need for an effort that includes coaching, empowerment and control settings on the Community construction service, conducted by the Government, the regional Government of the province, the Government District and the City Government in accordance with their respective authority. The provincial government, County Government and City Government conducts construction construction services to perform autonomous region concerning human resource development in the field of construction services, construction services technology upgrade, development information systems, construction services, research and development services as well as the supervision of the construction of environmental governance is a cross-county and city. With respect to the matter required local regulations concerning construction service which regulates the balance of interest between service users and service providers. Service users in general are on a weak party, therefore the service users must have adequate protection over a process that is efficient and effective as well as service providers and manages to Sepik. In addition local regulations also govern the resolution of the problems of construction services in the area of West Java, as well as to provide a foundation for local authorities to act, in accordance with the legislation. In addition to providing opportunities for companies construction services or labor in the field of construction services to compete healthily. 24 http://www.bphn.go.id/no. 6 2006 series. E II. The SAKE ARTICLE ARTICLE article 1: sufficiently clear chapter 2: sufficiently clear chapter 3: letter a. up to letter b. letter c quite clear. The results of construction work quality is the result of construction work that meets the requirements of standard environmental conditions. the letter d is quite clear. Article 4: sufficiently clear Chapter 5: sufficiently clear Chapter 6: sufficiently clear chapter 7: letter a. quite clearly the letter b. classification of Construction services company was part of registration activities to establish its business in the field of construction services, according to the areas and sub areas of work. Labor classification construction services is part of registration activities to establish classifications of professions people work skills and expertise in the field of individual construction according to discipline, scientific knowledge and or skills http://www.bphn.go.id/25 No. 6 2006 series. E certain areas of functionality, and or and or their respective expertise. The construction services company qualification is part of registration activities to establish its business in the field of construction service according to the level of competence and skill depth/effort. Construction Labor qualifications is part of registration activities to establish classifications of professions people work skills and expertise in the field of individual construction according to the level of competence and skill depth/profession and expertise. the letter c. up to e. pretty self-explanatory. Article 8: letter a. quite clearly the letter b. construction service business license in question was issued by the County Government or the City Government where the service providers concerned are domiciled. the letter c is quite clear. Letter d. certificate of Venture business certificate is referred to the individual and the person or business entity of the Association of companies that are accredited and registered by the institution as proof of recognition in the determination of the classification and qualification of 26 http://www.bphn.go.id/no. 6 2006 series. E over competence and capability in the field of construction service business. Individual persons and businesses or business entity planning and consultancy services or the services of construction supervision consultant can only do services planning and supervision services construction work in accordance with the classification and qualifications established by the Agency. Business people an individual executor construction can only carry out the construction works in accordance with the classification and qualifications established by the Agency for a job at risk is small, simple, low-tech and low-cost small. letter e. certificate of the Association Profession profession or education and training institutions that is accredited and registered by the institutions is a sign of recognition of the evidence of the competence and ability of the profession job skills and job skills of people in the field of individual construction according to scientific discipline specific skills and or and or functionality and specific skills or for those individuals who are employed in the business entity or individual person who provide consultancy services planning and construction works or consultancy services or construction works supervision services the implementation of construction works. The institution is on the letter d and the letter e. are national institutions or institutions of the region or 27 http://www.bphn.go.id/no. 6 2006 series. E the institution of other areas in the territory of a unitary State of Republic Indonesia in addition to the area of West Java province. the letter f. up to h. clear enough article 9 is quite clear article 10 article 11 is pretty clear pretty obvious article 12 letter a. set the Institutions referred to in its implementation is in the form of determination of local government personnel assigned to represent elements of the local Government on Regional Institutions. the letter b. up to letter c is quite clear. Article 13 Article 14 is quite clear clear enough Article 15 28 clear enough http://www.bphn.go.id/no. 6 2006 series. Article 16 e article 17 is pretty obvious result of accreditation is done against the associated enterprises and the associated professions, as well as education and training institutions, the community was intended to assess directly the performance of Agency Development construction service area. Article 18 paragraph (1) to paragraph (2) sufficiently clear paragraph (3) referred to a business entity is a business entity under the laws of Indonesia. Article 7: paragraph (1) construction services employment contract at least load or set things as follows: a. the parties who signed contracts which include the name, title, and address; b. principal jobs are exchanged with a clear explanation regarding the type and quantity of goods/services that are exchanged; c. rights and obligations of the parties that are bound in the Treaty; d. the value or price of the contract of employment, as well as the terms of payment; e. the requirements and technical specifications are clear and detailed; f. the place and the period of completion/submission accompanied by 29 http://www.bphn.go.id/


No. 6 2006 series. E timetable completion/submission is certain and the terms of delivery; g. technical/warranty work carried out and/or provisions on health; h. provisions regarding injury to the appointments and sanctions in the event that the parties do not meet their obligations; i. provisions on the termination of the contract unilaterally; provisions on circumstances force; the provisions on liability in the event of failure in the execution of the work; b. the provisions concerning the protection of labor; and provisions on the responsibility of environmental disorders; n. provisions on settlement of disputes. paragraph (2) article 20 is quite clear: sufficiently clear chapter 21: sufficiently clear Chapter 22: sufficiently clear Chapter 23:30 http://www.bphn.go.id/pretty clearly no. 6 2006 series. E Article 24: sufficiently clear Chapter 25: sufficiently clear ANCILLARY AREAS of WEST JAVA PROVINCIAL GAZETTE number 26 COPIES ACCORDING to the ORIGINAL LAW of the REGIONAL SECRETARIAT HEAD of WEST JAVA PROVINCE h. ACHADIAT SUPRATMAN S, SH NIP 480 092 351 31 http://www.bphn.go.id/no. 6 2006 series. E 32 http://www.bphn.go.id/no. 6 2006 series. E 33 WEST JAVA AREA of SHEET No. 6 2006 series. E REGULATORY REGIONS of WEST JAVA number 8 in 2006 about CONSTRUCTION SERVICES http://www.bphn.go.id/no. 6 2006 series. E http://www.bphn.go.id/34 No. 6 2006 series. E 35 http://www.bphn.go.id/no. 6 2006 series. E 36 http://www.bphn.go.id/no. 6 2006 series. 37 e http://www.bphn.go.id/