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Government Regulation Number 41 By 2015

Original Language Title: Peraturan Pemerintah Nomor 41 Tahun 2015

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e paragraph (2) of the letter a handle on the technical field of the Industrial Company and/or Industrial Area Company.

(2) Technical power as referred to in the verse (1) at least has:

a. Certificate of technical competence in accordance with SKKNI in the Industrial sphere; and

b. managerial knowledge.

(3) The technical power development as referred to in paragraph (1) can be done at least through activities:

a. Competence-based Industry Vrelocate Education;

b. Competency-Based Industry Training; and Industry intern.

(4) The technical power not through the activities as referred to in paragraph (3) is declared competent after going through the Competency Certification by the LSP.

Section 5

(1) The competency-based Industry Vrelocate Education as referred to in Section 4 of the paragraph (3) letter a is reserved for the prospective Industry Workforce and Industrial Workforce.

(2) Education Vrelocate Education is based on The competency as defined in paragraph (1) is organized by referring to SKKNI in the industry.

(3) The competency-based Industry Vrelocate Education (1) is exercised with regard to the needs of the Industrial Company and/or Industrial Area Company over Industrial Workforce.

(4) The competency-based Industry Vrelocate Education as referred to in paragraph (1) includes:

a. vocational secondary education;

b. diploma program one;

c. diploma program two;

d. diploma program three;

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e. diploma program four;

f. applied master program; and

g. an applied doctoral program.

(5) The competency-based Industry Vrelocate Education as referred to in paragraph (4) is organized in accordance with the provisions of the laws.

Section 6

(1) The Competency-based Industry Vrelocate Education Act as referred to in Section 5 should be equipped with LSP, the school in schools, and the TUK.

(2) In terms of competency-based Industry Vocational Education not equipped with LSP, the organizers must work together with the LSP of the same type.

(3) In the event of hosting the Vocation Education The competency-based industry has not been equipped with factories in schools and/or TUK, organizers must do cooperation with the Industrial and/or Research and Development institutes.

(4) LSP as referred to in paragraph (1) and the paragraph (2) performs the Competency Certification.

(5) the Minister, the associated minister, The head of the non-ministry, governor, bupati/mayor, the perpetrator of Industry, and the public can host the competency-based Industry Vocational Education.

Section 7

(1) Training Industry Training Competencies as referred to in Section 4 of the paragraph (3) the letter b for the prospective Industry and Industrial Workforce.

(2) The Competency-Based Industry Training is exercised with regard to the needs of the Industry and/or Corporate Industry Industrial Area of Industrial Workforce.

(3) Industrial Training Competency-based competencies are organized by referring to SKKNI in the Industrial sphere.

(4) The Competency-Based Industry Training has to be equipped with LSP, a factory in educational and training institutes, and TUK.

(5) In the event that competency-based Industry Training is not equipped with LSP, the organizers must work together with the LSP that is a type of type.

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(6) In the event of a competency-Based Industry Training is not equipped with a factory in educational and training institutes and/or TUK, the organizers must conduct cooperation with the Industrial Company and/or research and development.

(7) The hosting of Competency-Based Industries as referred to in paragraph (4) is terminated with the Competency Certification.

(8) The certification of the competency is as referred to in the paragraph of the IBM Business. (7) performed by LSP.

(9) Ministers, related ministers, head of non-ministerial government agencies, governors, bupati/mayors, Industry offenders, and the public can host Competency-Based Industry Training.

(10) Organing Industrial Training Competency-based on paragraph (9) executed by the Education and Training Hall, the Workout Hall and other training institutes.

(11) Organizing Industry-Based Training Competencies as contemplated on paragraph (10) obtain accreditation in accordance with the regulatory provisions It's

Section 8

(1) Organizing the Competency-based Industry Vocation as referred to in Section 6 of the paragraph (5) and the organizers of the Competency Based Industry Training as referred to in Article 7 of the paragraph (9) may work together with the Industry Company and/or Industrial Area Company.

(2) The cooperation as referred to in paragraph (1) is:

a. curriculum development;

b. work practice; and/or

c. Graduate placement.

(3) Chamber of Commerce and Industry, Industry Association, Industrial Company, and/or Industrial Area Enterprise facilitating the hosting of competency-based Industry Vrelocate Education

Section 9

(1) Industry Maturity as referred to in Section 4 paragraph (3) the letter c is reserved for Industry Workforce and Industrial Workforce.

(2) The Agglers Industry is carried out in Industrial and/or Industrial Area Companies.

(3) Industrial Companies and/or Industrial Area Companies providing facilities for Industrial Disservice.

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(4) Industrial Pemagangan is exercised on the basis of a settlement agreement between the intern with the Industrial Company and/or the Industrial Area Company created in writing.

(5) the Treaty of Deuteronation as referred to in paragraph (4) at least the provision of the rights and obligations of the participant, the rights and obligations of the Industrial Company and/or Industrial Area Company, as well as the term of the election.

(6) the Chamber of Commerce and Industry and the Association Industry facilitates the execution of the company in the Industrial Company and/or Industrial Area Company for prospective Industrial Workforce and Industrial Workforce.

(7) The Central Government and Local Government may provide incentives for Industrial Companies and/or Industrial Area Companies receiving the Maturity Industry in accordance with the provisions of the laws.

(8) Industrial Workforce and Industrial Labor candidates who have followed the Industry Workforce are stated to have a job competency after graduation of competency certification by LSP.

Article 10

(1) the managerial force as referred to in Section 3 of the paragraph (2) let Government Regulation includes:

a. development of Industrial Workforce and the use of Industrial consultants;

b. utilization, assurance of availability and distribution, as well as the prohibition and restrictions on the export of Natural Resources; and

c. procurement and utilization of Industrial Technology.

BAB II

INDUSTRIAL WORKFORCE DEVELOPMENT AND

USE INDUSTRY CONSULTANT

Part Kesatu

Industry Labor Development

Article 3

(1) National Industrial Development should be supported with Industrial Workforce.

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(2) The Industrial Workforce as referred to in paragraph (1) consists of:

a. technical power; and

b. managerial power.

(1) The technical power as referred to in Article 3 of thter b handles the work in the management field of the Industrial Company and/or Industrial Area Company.

(2) the managerial force as meant in the least verse (1) has:

a. managerial competency in accordance with SKKNI in the Industrial sphere; and

b. technical knowledge.

(3) The managerial power development as referred to in paragraph (2) is implemented in accordance with the provisions of the invitational regulations-an invitation in the field of education and employment.

The Second Section

The Standard National Employment Competency of Indonesia and

Certification of competency

paragraph 1

The standards of the Indonesian National Working competency

Article 11

(1) The Minister composed SKKNI in the field of Industry.

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(2) SKKNI as referred to in paragraph (1) is compiled based on the least Industrial needs of knowledge, skills and/or expertise, as well as the work attitude.

(3) In compiling the SKKNI as referred to in paragraph (1), the Minister may involve the association of the profession, the Association of Industry, and/or the perpetrator of the Industry.

(4) The SKKNI as referred to in paragraph (2) is proposed by the Minister to the minister who organizes government affairs in the the field of employment to be specified.

(5) the Minister who Hosting a government business in the field of employment establishes the SKKNI as referred to in paragraph (4) at most (one) months since the accession of the Minister.

(6) If in the term of 1 (one) month the SKKNI is not specified as intended in paragraph (4) stated in effect by the Minister until it is specified by the minister who organizes government affairs in the field of employment.

(7) The enlightenment of the SKKNI as referred to in paragraph (5) is done based on national qualifications and/or competency clasters.

(8) 7) is done on competency-based Industry Vrelocate Education institutions, Competency-Based Industry Training institutes, LSP, Industrial Companies, and/or Industrial Area Companies.

Section 12

(1) For a particular type of work in the Industrial, The Minister specified the mandatory implementation of SKKNI.

(2) Certain types of work referred to in paragraph (1) include work that has a high risk of security, safety, health, and the environment for the Workforce Industry and/or products produced.

(3) In terms of the Minister stipulating A mandatory service is required to provide the following:

paragraph 2

Certification certification

section 13

(1) The Competency certifications are intended to ensure the quality of the Industrial Workforce in accordance with the needs and requirements of the work.

(2) The Competency Certification for Power Industry workspace is implemented to realize the suitability between the upholding system with

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work productivity to provide protection and welfare for Industrial Workforce.

(3) The Competency certifications as referred to in paragraph (1) are executed through competency trials by LSP have obtained a license from the National Board of Certified Professions.

(4) The formation of the LSP as referred to in paragraph (3) is conducted by the association of professions, Industry associations, Industrial Business offenders, educational institutions, and/or training institutes in accordance with the provisions of this

(5) Ministers, governors, bupati/mayors, chambers of commerce and industry, and the Industry association facilitates the implementation of Industrial Workforce Competency Certification.

The Third Section

The Use of Industrial Workforce and Consultant Industry

Article 14

The Industrial Workforce used by the Industrial Company and/or Industrial Area Company includes:

a. National Industrial Workforce; and/or

b. Foreign Industry Workforce.

Section 15

(1) Industry Consultants are experts responsible for assisting, advising, and resolving problems facing the Industrial and/or Industrial Area Companies.

(2) The Industry Consultant as referred to in paragraph (1) consists of:

a. national industry consultant; and

b. foreign industry consultant.

(3) The Industrial Consultant as referred to in paragraph (2) at least must meet the qualification:

a. have technical, administrative, and managerial skills in accordance with SKKNI in the Industrial sphere; and

b. have a competency certificate in accordance with SKKNI in the consulting field.

Section 16

(1) Industrial and/or Industrial Area Companies priorite the use of national Industrial Workforce and/or the national Industry consultant.

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(2) In certain conditions, Industrial and/or Industrial Area Companies may use Foreign Industry Workforce and/or foreign Industry consultants.

(3) Certain conditions as contemplated on verse (2) includes:

a. not available the national Industrial Workforce and/or the competent national Industry consultant; and/or

b. not adequately available the number of national Industrial Workforce and/or competent national industry consultants.

(4) In terms of not being available and/or not enough for the amount of national Industrial Workforce and/or the national Industry consultant Competent as referred to in paragraph (3), the Central Government conducts the construction of the national Industrial Workforce and the national Industry consultancy.

(5) Industrial and/or Industrial Area Companies using Labor Foreign Industry and/or foreign industry consultants, positions allowed occupied by the Foreign Industry Labour and/or foreign industry consultants in accordance with the provisions of the laws.

Section 17

(1) Industrial Area and/or Industrial Area Company as referred to in Article 16 paragraph (2) is required to have a Foreign Industry Workforce and/or Foreign Industry consultant from a minister who is authorized to employ a Foreign Industry Company and/or an Industry Company. (2) The term of a Foreign Industry Workforce and/or foreign industry consultant is at least one (one) year and may be extended in accordance with the terms of the IBM International Business Administration ("IBM"). the rules of the invite-invite rule.

Article 18

(1) the Company Industry and/or Industrial Area Companies that use Foreign Industry Labor and/or foreign industry consultants must exercise knowledge and skills to the national Industrial Workforce and/or national industry consultancy.

(2) The execution of knowledge and skills as referred to in paragraph (1) is performed wiurces Resource

Section 19

(1) Industrial and Industrial Companies Industrial Area Enterprise is required to utilize Natural Resources efficiently, environmentally friendly, and sustainable.

(2) Natural Resources benefit by Industrial Companies as referred to paragraph (1) is conducted at the design stage product, production process design, production stage, product remaining optimization, and management waste.

(3) Natural Resources benefit by Industrial Area Enterprise as referred to paragraph (1) is conducted at the design, construction, and management stage of Industrial Areas, including waste management.

Article 20

(1) Natural Resource Monitoring by Industrial Companies as referred to in Article 19 paragraph (2) is conducted against Natural Resources treated and used directly as Baku Materials, helper materials, energy, and/or raw water for the Industry.

(2) Natural Resources benefit by Industrial Area Enterprise as referred to in Section 19 of the paragraph (3) is conducted against Natural Resources used as a means of support for the management of the Industrial Area.

Article 21

(1) The Natural Resources benefit is efficiently as intended in Article 19 is the least done through:

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a. savings;

b. the use of environmentally friendly technology; and

c. optimize the performance of the production process.

(2) Natural Resources or sustainable natural resources monitoring as referred to in Article 19 is done through:

a. Waste reduction;

b. reuse;

c. reprocessing; and/or

d. recovery.

Section 22

(1) Industrial and Enterprise Industrial Companies utilizing Natural Resources are required to build a Natural Resource Value Unit plan.

(2) Natural Resources as referred to in paragraph (1) is a Natural Resources whose projection needs be specified in the National Industrial Policy.

(3) The Natural Resources Resource Expediency Plan as referred to in paragraph (1) is the least of the following:

a. utilization scope;

b. utilization principle;

c. utilization methodology; and

d. technology of utilization.

(4) The Natural Resources Resource Expediency Plan as referred to in paragraph (1) is delivered to the Minister.

(5) Further provisions on the manner of drafting the Natural Resources Resource Monitoring Plan as referred to in paragraph (3) and the delivery of the Natural Resources Resource Expediency Plan as referred to in paragraph (4) is governed by the Minister Rule.

The Second Section

Availability and Natural Resource Monitoring

Section 23

(1) The Government of the Centre and Regional Government guarantees availability and Cruciation Natural Resources for the Interior Industry.

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(2) In ensuring the availability and distribution of Natural Resources as referred to in paragraph (1) is performed:

a. Drafting of Natural Resources:

b. Natural Resources:

c. Natural Resource Surrender efforts.

Section 24

(1) Drafting of the Natural Resources and Natural Resource Alignment as referred to in Article 23 of the paragraph (2) the letter is performed by the Minister Based on the Natural Resources, Natural Resources:

(2) Drafting of the Natural Resources and Natural Resource Alignment as referred to in paragraph (1) is conducted through coordination with the associated minister/head non-ministerial government agencies.

(3) In drafting the Supplied Plan and Natural Resource Discourse as referred to in paragraph (1), the Minister may receive input from the business and community world.

(4) In the case of the preparation of the Natural Resources and Natural Resources Distribution Plan as referred to in paragraph (1) The Minister requires the potential Natural Resources information in the area, the governor and/or the regent/or the mayor is required to provide the requested information.

(5) The Minister proposes a plan for the Supply of Natural Resources and the Surrender of Natural Resources as referred to in the paragraph (1) to the President.

(6) The President sets out a Supplied Plan and Natural Resource distribution as referred to in paragraph 5 (5) for a term of 5 (five) years and may be reviewed in reference to the National Industry Policy.

Section 25

The Natural Resources Resources Efforts are referred to in the Article 23 of the paragraph (2) of the letter b is done through:

a. Research and Development concerning the potential of domestic Natural Resources;

b. provide ease of cultivation efforts and breeding of renewable Natural Resources;

c. prioritizing the use of Renewable Natural Resources by Industry;

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d. developing Natural Resource Entrepreneurage investment in and out of the country;

e. facilitate access to cooperation with other countries in the procurement of Natural Resources;

f. establish import policies for certain Natural Resources in the framework of Natural Resources for Industrial and Corporate Industry Companies; dan/or

g. facilitate the fulfillment of needs in the Natural Resources Supply of the region.

Article 26

(1) The Central Government and the Regional Government facilitate the availability of renewable Natural Resources and Natural Resources not renewable.

(2) The facilitation of the availability of renewable Natural Resources as referred to in paragraph (1) is done through:

a. Mapping and setting up of the renewable Natural Resource Sealing region;

b. conservation of renewable Natural Resources; and/or

c. the handling of the power and post of renewable Natural Resources.

(3) The facilitation of the availability of Natural Resources is not renewable as referred to paragraph (1) through policy Conservation-oriented by performing:

a. renegotiation contract exploitation of Natural Resources mining Tersure;

b. implement a continuous policy on the efficiency of Natural Resources ' efficiency; and/or

c. implement the energy diversification policy for Industry.

Article 27

(1) Natural Resource Surrender efforts as referred to in Article 23 of the paragraph (2) of the letter c is done through:

a. Natural Resource Value Unit (s): Provision of Natural Resource Surrender infrastructure;

c. development of Natural Resource Cruciating technology;

d. facilitate the creation of a Natural Resource Management unit;

e. Policy assignments that support the agility of Natural Resources; and/or

f. facilitate the availability of financing institution of Natural Resources Resources.

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(2) The provisions of the Natural Resource Surrender attempt as referred to in paragraph (1) are governed by the Minister and associated ministers.

The Third Section

Pry ministries that are bringing the technology provider.

BAB V

ORDER ADMINISTRATIVE SANCTION

Section 40

Each Industrial Company and Industrial Area Company that uses an Industrial Workforce that does not meet SKKNI as referred to in Article 12 paragraph (3) is subject to Administrative sanction is:

a. written warning;

b. administrative fines;

c. temporary closure;

d. Industrial Clearance Industry freeze or Industrial Area Business Permit; and/or

e. Revocation of the Industrial Business License.

Section 41

Each Industry and Industrial Area Company that does not implement Natural Resources or Natural Resources is efficient, environmentally friendly, and environmentally-sufficient. Continuing as referred to in Section 19 of the paragraph (1) is subject to administrative sanction:

a. written warning;

b. administrative fines;

c. temporary closure;

d. Industrial Clearance Industry freeze or Industrial Area Business Permit; and/or

e. revocation of the Industrial Business License or Industrial Area Business Permit.

Article 42

(1) the Minister, governor, or regent/mayor in accordance with his authority on administrative sanction as referred to in Article 40 and Section 41 to the Industry and/or Industrial Area Companies.

(2) The introduction of administrative sanctions as referred to in paragraph (1) is provided based on the results of the report that originated from:

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a. complaint; and/or

b. follow-up to the surveillance results.

Section 43

(1) If based on the results of the examination found that the Industrial Company and/or Industrial Area Enterprise breached the provisions as referred to in Article 12 paragraph (3) or Article 19 of the paragraph Industry and/or Industrial Area Companies are subject to administrative sanctions of a written warning.

(2) The written warning as referred to in paragraph (1) is given at most 3 (three) times in a row with the term time of each 30 (thirty) days.

Section 44

(1) The Company Industry and/or Industrial Area Enterprise that has been subjected to administrative sanction is a written warning and does not meet its obligations in the term as referred to in Article 43 of the paragraph (2), subject to administrative sanction of a fine administrative.

(2) The administrative Denda as referred to in paragraph (1) is subject to the most:

a. 1% (one percent) of the investment value for Industrial Companies; and

b. 1 o/oo (one per mile) of the investment value for the Industrial Area Company.

(3) The payment of administrative fines as referred to in paragraph (1) is carried out at most 30 (thirty) days since the administrative fines letter was received.

(4) Administrative Denda as referred to in paragraph (1) is the acceptance of the country not in tax or acceptance of the area.

Article 45

(1) Industrial and/or Industrial Area Companies that do not meet its obligations and do not pay an administrative fine in the term as referred to in Section 44 verses (3) are subject to administrative sanction of a temporary closure.

(2) In terms of Industrial and/or Industrial Area Companies has paid administrative fines but within 30 (thirty) days since the date of the limit Administrative fine payment does not meet its obligations under the administrative sanction of a temporary shutdown.

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(3) The temporary closure as referred to in paragraph (1) and paragraph (2) is imposed for the longest term of 30 (thirty) days from the date of the temporary closing letter received.

(4) Industry Company which are within the Industrial Area managed by the Industrial Area Enterprise that are subject to administrative sanctions that are temporarily closing, can continue to run its production activities in accordance with the permissions it has.

(5) The Terms of Use about the temporary closure system for the Industrial and/or Regional Enterprise Industry is governed by the Minister's Rules.

Article 46

(1) In terms of Industrial and/or Industrial Area Companies since the end of the administrative sanction is temporary closure as referred to in Article 45 of the paragraph (3) do not fulfill its obligations and/or do not pay administrative fines subject to administrative sanction of an Industrial Business Permit Freeze or Industrial Area Business Permit.

(2) Freezing Industrial Business Permit or Industrial Area Business Permit as referred to in paragraph (1) the longest of 3 (three) months from the date published a Freezing Assignment Letter.

(3) The Industrial Company or Industrial Area Company which has met the obligation to pay administrative fines and fulfill its obligations may apply for restoration of the status of the Permissions Freeze Industrial endeavour or Permit of its Industre Region.

(4) The provisions of the manner of freezing the Industrial License or Industrial Business License are governed by the Regulation of Ministers.

Article 47

(1) In terms of Industrial Companies and/or Industrial Area Enterprise since the end date of the administrative sanction In the event of an Industrial Business License or Industrial Business Permit, as referred to in Section 46 of the paragraph (2) does not comply with its obligations and/or does not pay administrative fines subject to administrative sanction of the revocation of the Industrial Business License. or Industry Area Business License.

(2) The provisions of the manner of the revocation of the Industrial Business License or Industrial Area Business License are governed by the Minister.

Article 48

In case of violation of Article 12 of the paragraph (3) or Article 19 of the paragraph (1) has posed a security, safety, health, and/or environmental hazard against the Industrial Workforce and/or products that

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generated, Industrial Company and/or Industrial Area Enterprise is subject to administrative sanction without going through the stages as referred to in Article 40 and Section 41.

Section 49

Governor and The mayor/mayor is required to deliver a freezing report, freezing status recovery, and revocation of Industrial Business Permit or Industrial Business License to the Minister.

Article 50

The technology provider in the key-play project is not Conduct a new version of the technology for the domestic service. administrative is:

a. written warning;

b. administrative fines; and/or

c. temporary termination.

Section 51

relevant ministers/leaders/agencies related to the administrative sanction as referred to in Article 50 to the technology provider.

Section 52

(1) The written warning as referred to in Section 50 of the letter a given as much as 2 (two) times after the term of the Alih Technology process ends in accordance with the schedule in the agreement.

(2) the written warning as referred to in paragraph (1) giv the suggestion of the Risk Act are set in the Minister's Rules.

Article 39

(1) The Risk Assurance Act as referred to in Article 34 of the paragraph is sourced from the Revenue Budget and State Shopping and/or other authorized sources in accordance with regulatory provisions It's

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(2) State Revenue and Shopping Budget as referred to in paragraph (1) is the State Revenue and Shopping Budget of non-ministr