Regulatory Region Number 4 2013 2013

Original Language Title: Peraturan Daerah Nomor 4 TAHUN 2013 Tahun 2013

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1 BUPATI BANTUL REGENCY of BANTUL AREA REGULATION number 04 2013 ABOUT CONSTRUCTION CONSTRUCTION SERVICES with the GRACE of GOD ALMIGHTY the REGENT of BANTUL, Considering: a. that the construction services have strategic role in implementing development in Bantul Regency and has economic value in realizing a prosperous Trading society, for it needs to be done coaching against service providers, service users and the public in order to foster understanding , awareness and improve the ability of going to task, function and the rights and obligations of each of the service's efforts in realizing the orderly construction, is orderly organization of construction works, and orderly harvesting construction works; b. that to push the capacity and quality of the construction services business principals in Bantul Regency, need settings in carrying out construction works financed by the Government and non government; c. that based on considerations as referred to in letter a and letter b, need to set local regulations concerning the construction construction services; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Law number 15 of 1950 on the establishment of areas within the special region of Yogyakarta (Republic of Indonesia Number 44); 3. Government Regulation Number 32 in 1950 about the determination of the Start the enactment of legislation 1950 No. 12, 13, 14 and 15 (Republic of Indonesia number 59);

2 4. Act No. 5 of 1999 concerning the prohibition of Monopoly Practices and Unhealthy Competition (State Gazette Repubik Indonesia Number 33 of 1999, Supplement State Gazette Number 3825 Repubik Indonesia); 5. Act No. 18 of 1999 about construction services (State Gazette Repubik Indonesia in 1999 at number 54, State Gazette Supplementary Repubik Indonesia Number 3794); 6. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 7. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 1999, an additional Sheet of the Republic of Indonesia Number 4724); 8. Act No. 20 in 2008 about the micro, small and medium enterprises (State Gazette of the Republic of Indonesia Number 93 in 1999, an additional Sheet of the Republic of Indonesia Number 4866); 9. Government Regulation Number 32 in 1950 about the determination of the Start the enactment of legislation of 1950 No. 12, 13, 14 and 15 (Republic of Indonesia number 59); 10. Government Regulation No. 14 of 1993 on the Organization of the Social Guarantee of Labor Program (Gazette of the Republic of Indonesia Number 20 in 1993 an additional sheet of the Republic of Indonesia Number 3520); 11. Government Regulation Number 36 in 1995 about the determination of the governing body of Labor Social Security Program (State Gazette of the Republic of Indonesia number 59 of 1995); 12. Government Regulation Number 28 in 2000 about the efforts and role of Community construction services as amended several times, the last with the Government Regulation Number 92 in 2010 about the second amendment over government regulation Number 28 in 2000 about the efforts and roles of the construction services Society (State Gazette of the Republic of Indonesia year 2010 Number 157);

3 13. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia year 2000 Number 64, Supplement Sheet Republic of Indonesia country number 3956) as amended by the Government Regulation Number 59 in 2010 about changes to the Government Regulation Number 29 in 2000 about the efforts and roles of the construction services Society (State Gazette of the Republic of Indonesia Number 95 in 2010); 14. Government Regulation number 30 in 2000 about Construction construction services (State Gazette of the Republic of Indonesia Number 65 in 2000, an additional Sheet of the Republic of Indonesia Number 3957 State); 15. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 16. Presidential regulation Number 54 in 2010 about Government procurement of goods/service as amended several times the last presidential regulation Number 70 in 2012 about the second amendment Above presidential regulation Number 54 in 2010 about Government procurement of goods/services; 17. Regulation of the Minister of public works number 7 in 2011 about the Standard and guidelines for the procurement of construction works and services Consultancy; 18. Applicable local Yogyakarta special region number 13 in 2012 about conducting of construction (Daerah Istimewa Yogyakarta Area Slabs in 2012 the number 13, an additional sheet of Yogyakarta Special Region in 2012 the number 13); 19. Applicable local Bantul district number 16 in 2011 about Licensing Venture construction service (Gazette of the regional area of Bantul district in 2011 Series D number 16), as amended by Regional Regulation Bantul District Number 23 in 2012 about the changes to the Regulation region of Bantul district number 16 in 2011 about Licensing Venture construction service (Gazette of the regional area of Bantul district in 2012 the number of additional sheets of 21 areas of Bantul district in 2012 No. 14);


4 with the mutual agreement of the REGIONAL PEOPLE'S REPRESENTATIVE COUNCIL and REGENT of BANTUL REGENCY of BANTUL DECIDED: setting: LOCAL REGULATIONS CONCERNING the CONSTRUCTION of the CONSTRUCTION SERVICE. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is Bantul Regency. 2. Local Government is the Regent and the Region as organizer of local governance. 3. The Regent was Regent of Bantul. 4. Representatives of the Regional District of Bantul, hereinafter abbreviated to PARLIAMENT is the institution of the regional House of representatives as an organizer of local governance. 5. The regional unit of the device Work hereinafter abbreviated SEGWAY is a unit of Area which hosts the Device Work tasks in the field of public works. 6. The construction construction services is an activity settings, pemberdaaan and surveillance carried out by local governments for service providers, service users, and the public. 7. Institution Development construction service hereinafter called the Agency is an organization that carries out development construction service. 8. 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. 9. The provider is a person, the individual or entity that its business activities provides construction services. 10. Service users are those individuals or entities as the giver of the task or job/project owner requiring construction services. 11. Construction Services Society is a part of the community who have an interest and/or business-related activities and the work of construction services. 12. certificate of business entity hereinafter abbreviated SBU is proof of recognition in the determination of the classification and qualifications upon the competence and ability of the efforts in the field of construction services in the form of a business entity, as a condition of construction Service business license diterbitkanya issued by LPJK.

5 13. Business license construction services hereinafter abbreviated to IUJK is a business license to do business in the field of construction services rendered by district/city governments. 14. The technical person in charge, which was subsequently shortened to PJT Fixed is fixed energy services business entity planning, implementation services, and services of construction supervision certificate skills and/or expertise in accordance with the classification and qualification of construction labor. 15. The Team Builder is a team formed by the local Government to help local governments in fostering entrepreneurs construction services. Article 2 the construction of construction services in the area based on: a. honesty and fairness; b. benefits; c. harmony; d. balance; e. independence; f. openness; g. partnerships; h. Security and safety; and i. accountability. Article 3 establishment of Regulatory intent of this area as a guideline for local governments in doing the construction construction services. Article 4 the purpose of Regulation of this area include the following: a. increase the understanding and awareness of service providers in the construction works; b. increase user's awareness and understanding of construction services for the rights and obligations in the binding and the Organization of construction work; and c. foster understanding of the people will be the role of the strategic construction services in regional development and awareness of rights and obligations in order to embody an orderly effort, utilization and orderly conduct of the code of conduct. CHAPTER II ORGANIZATION of the TARGET CONSTRUCTION of article 5 (1) of the target organization of construction construction services are: a. service providers; b. user services; and c. the construction services society.

6 (2) service providers referred to in paragraph (1) letter a consists of: a. individual efforts; and b. a legal business entity incorporated or not incorporated in law. (3) the user of the service referred to in subsection (1) letter b composed: a. Government agencies, local governments and non-Governmental; and b. an individual person. (4) the Community construction services as referred to in paragraph (1) the letter c are those individuals, community groups and agencies that did not include the provision in paragraph (1) letter a and letter b. (5) Conducting construction construction services implemented by the Regent. (6) Organizing construction construction services as referred to in subsection (5) is subject to further regulation of the Regent. Article 6 (1) Organizing coaching services construction as stipulated in article 5 is coordinated by the local government. (2) Organizing the construction construction services as referred to in paragraph (1), include: a. makes provider performance assessment system; b. monitoring and evaluation of the performance of the service provider; c. creating a work plan or annual programme in order to increase the capacity of the construction services business entity domiciled in the area; d. make a concerted effort to encourage financial institutions to give priority, service, ease of access and obtain funding to business construction services; e. encouraging the implementation of the education and training field construction services; f. develop information systems construction services; and g. to conduct surveillance against the granting of a business license arrangement construction services. CHAPTER III AUTHORITIES is considered Part of the regional authorities of article 7 (1) the authority in the construction construction services include: a. setting; b. empowerment; and c. the supervision. (2) the arrangement referred to in subsection (1) letter a include: a. the mechanism conducting the construction construction services; b. the system of organization of construction construction services;


7 c., environmental standards, security, safety and occupational health as well as environmental governance; and d. the terms of conducting of construction services. (3) Empowerment as referred to in paragraph (1) letter b include: a. information systems development construction service; b. research and the development of construction services; c. human resources development field construction services; and d. implementation of technical guidance and counselling training. (4) Supervision as referred to in paragraph (2) Letter c covers: a. supervision against requirements; b. mechanisms; c. system; d. environmental standards; and e. the orderly conduct of the business and orderly construction services. CHAPTER IV IMPLEMENTATION of CONSTRUCTION SERVICES CONSTRUCTION article 8 (1) Construction construction services carried out by a team of builders of construction services. (2) the establishment and tasks of the Team Builder construction services as referred to in paragraph (1) established by the decision of the Regents. CHAPTER v. POLICIES and MEASURES of the CONSTRUCTION CONSTRUCTION SERVICES is considered Part of the construction construction services Policy article 9 Policy construction construction services done by: a. improving the performance of the implementation of the construction business in order to be competitive in the area of construction, professionals and empowered the high competitiveness in the national and international levels; b. increasing the efficiency and accountability of the procurement of construction services; c. increasing the application of technology of construction in the system of organization of construction work; d. increase the competency of human resources (HR) in the field of construction services; and e. supporting the creation of a conducive business climate through the coordination sector including capital and underwriting support. The second Step of the construction construction services article 10 performance improvement coaching implementation referred to in article 9 a, performed by: 8 a. standard application of socialization do regional, national and international; b. encourage providers of construction services to be able to compete in national and international markets; c. encourage synergy construction trade small, medium and large in an effort to increase the venture's ability to be able to have the competitiveness in carrying out construction works mainly outside of the work financed by the Government; and d. evaluate the performance of a whole series of development that could protect the development process to run according to plan. Article 11 the increased efficiency and accountability of the procurement of construction services as referred to in article 9 letter b, done by means of: a. promulgate policies and rules prevailing construction services; b. ask for clarification to the Committee the results of the procurement of goods/services set the winner of procurement of goods/services with a value of the offer is less than 60% (sixty percent) of the Estimated Own Price (HPS); c. implementing the capacity building of the Association of the profession and the Association of the company; d. carry out quality improvement and capacity of effort including effort encourages a functional partnership as well as synergistic a conducive business climate; and e. providing support for information provision business entity, business licensing expertise and orderly construction services in Government procurement of goods/services through the provision of information systems include: 1. Business entity Annual Reports which include: a) the performance of a business entity construction services; b) the performance of the company and the association profession Association organizers certification expertise and skills; c) list of experts and skilled; d) track record company work experience data; and e) performance related institutions licensing venture construction services and procurement of goods/services the Government electronically (e-procurement); 2. development of supervisory information system (e-monitoring). Article 12 application of the construction technology Improvement as referred to in article 9 of the letter c was carried out on the basis of standard environmental work that is governed more by the rules of Regent. Chapter 13 Increased competence of human resources in the field of construction services as referred to in article 9 of the letter d was carried out against: a. power source Apparatus; and b. a Non human resources Reform.

9 Article 14 Supports the creation of a conducive business climate as referred to in article 9 of the letter e is done through: a. provide proper information regarding the business entity that performs the binding of the capital with Government and/or private Bank; b. increase the ability of service providers and service users; c. improving the ability of business entities qualifying small construction service is reliable and competitive power; and d. coordinating the Organization of construction of construction services which includes settings, empowerment, and supervision. CHAPTER VI SUPERVISION of CONSTRUCTION of article 15 (1) the supervision of the Organization of the construction services against the construction work of the Government and non Government include: a. permitting requirements; b. the environmental provisions of the construction works; c. provisions of the occupational safety and health work; d. General safety provisions; e. conditions of employment; f. environmental conditions; g. provision of space; h. provision of building layout; and i. other provisions relating to the Organization of construction service (2) Supervision as referred to in paragraph (1) implemented a Team Builder construction service (TPJK). (3) supervisory procedures Guidelines governed more by rules of Regent. CHAPTER VII PUBLIC PARTICIPATION article 16 (1) construction services Society and the business world with an interest in construction services Construction Services Forum can form. (2) in order to facilitate the Forum construction services as referred to in paragraph (1) is secretarial formed based at SEGWAY. (3) the Forum construction services as referred to in subsection (1) at least one (1) time a year still held a meeting to discuss in a transparent variety of things related to construction services. (4) the results of the Forum construction services as referred to in paragraph (3) was made the basis of consideration of the institution and the Association for coaching development and construction services.

10 CHAPTER VIII FINANCING article 17 Financing construction construction services sourced from: a. Budget Revenues of State Spending; b. Revenue Budget Shopping Area; and c. other financing sources are legitimate and are not binding. CHAPTER IX of the PROVISIONS of article 18 of the regulation COVER this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Bantul Regency. Set in Bantul on June 10, 2013 REGENT BANTUL SRI SURYA Enactment WIDATI ttd in Bantul on June 10, 2013 REGIONAL SECRETARY of BANTUL REGENCY ttd RIYANTONO SHEET AREAS of BANTUL REGENCY 2013 number 04


11 EXPLANATION of REGULATORY REGION of BANTUL DISTRICT number 04 2013 ABOUT COACHING CONSTRUCTION SERVICE i. GENERAL construction services is one of the activities in the field of economic, social, and culture have an important role in the achievement of various objectives to support the attainment of the goal of a prosperous Trading community. Laws setting-an invitation in the field of construction service business that includes the work of architectural and/or civil disobedience and/or mechanical and/or electrical and/or environmental governance, each with completeness, perceived in the implementation in the Bantul District Government required juridical foundation, a policy framework and institutional framework. The juridical Foundation aims to improve the understanding and awareness of service providers in implementing construction work, improve the understanding and awareness of the service users for the rights and obligations of the construction in the binding and the Organization of construction work as well as to foster understanding of the people will be the role of the strategic construction services in regional development and awareness of rights and obligations in order to embody an orderly effort, utilization and orderly conduct of the code of conduct. Construction construction services as set forth in a Government Regulation number 30 in 2000 about construction services include Coaching, empowerment and supervision arrangements for service providers, service users and the public. The function of Government in the construction of the Bantul Regency was undertaken by the Institute of coaching a Team Builder and construction services construction services. Local regulations regarding the construction construction services as a legal basis for the Government of Bantul Regency in carrying out the construction of the construction service. These settings relate to the mechanism of the Organization of construction of construction services, the system of organization of construction construction services and standards, environmental, security, safety and occupational health, as well as the layout of the environment and the requirements of organization of construction services. Empowerment arrangements relating to the development of the information system construction services, research and development of construction services, the development of human resources in the field of construction and implementation of technical guidance and counselling training as well as the implementation of empowerment against LPJK and associations.

12 as for the Surveillance related to environmental governance, supervision supervision against requirements, mechanisms, systems and environmental standards to satisfy business and orderly holding of orderly construction services and surveillance against the Association. To that end, in order to carry out the construction efforts as mandated Government Regulation number 30 in 2000 about Organizing Coaching Services Construction required direction holding of construction construction services the local government in a Regulatory region. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 letter a is a "principle of honesty and justice" is to contain the sense of awareness of its functions in an orderly construction services as well as responsible meet various obligations in order to obtain its rights. The letter b is a "basic benefit" is to contain the notion that all activities of construction services should be implemented based on the principles of professionalism within the skills and responsibility, efficiency and effectiveness that can guarantee the realization of value added that is optimal for the parties in implementing construction services, and for the national interest. The letter c is a "principle of harmony" is to contain the sense of harmony in the interaction between service users and service providers in implementing environmentally construction work to produce products of high quality and useful. The letter d is a "principle of balance" is the notion that contains conducting construction work should be based on the principle that ensures the realization of balance between the ability of the service provider and the workload. Service users in setting mandatory service providers adhere to this principle, to ensure the election of the most appropriate service providers, and on the other hand can give a proportionate equity opportunities in the opportunity to work on the service provider. The letter e is the "principle of independence" is growing and growing sense contains the competitiveness of national construction services.

13 the letter f is the "principle of Openness" is the availability of information that is accessible so as to provide opportunities for the parties, the realization of the transparency in the Organization of construction work which allows the parties to be able to carry out the obligations of optimally and certainty of rights and to acquire it as well as possible to the correction so as to avoid the existence of various flaws and irregularities. The letter g is a "principle of partnership" is to contain the sense of the working relationship of the parties in the harmonious, open, reciprocal in nature, and synergistic. The letter h is a "basic security and safety" are conceived the notion satisfy orderly organization of construction services, security, the environment and safety, as well as the utilization of the results of construction work by remaining attentive to the interests of the public. The letter i is a "principle of accountability" is to contain the notion satisfy the obligation of a person to account for the Organization of construction service entrusted to him in the framework of the achievement of the goals that have been set. Article 3 sufficiently clear article 4 is quite clear. Article 5 is quite clear. Article 6 is quite clear. Article 7 paragraph (1) is quite clear. Paragraph (2) letter a is a mechanism for organizing the construction of the construction service is the mechanism that includes provisions and procedures for the selection of service providers, contract construction work, the Organization of construction works, building failures, resolution of disputes, the prohibition of collaboration, and administrative sanctions.


2 letter b is a system of organizing the construction construction services is a system, including conducting coaching well against service providers, service users and the public in order to foster understanding and awareness of the duties and functions as well as the rights and obligations of each and improve the ability in realizing an orderly construction services business, the orderly conduct of the construction work, and orderly harvesting construction works. The letter c is the standard, environmental, security, safety and health work, and environmental governance is a standard that covers the rules on technical standards, environmental, health, safety and security of employment, labor protection, as well as the grammar of the local environment to ensure the orderly conduct of the realization of construction works. The letter d is the terms of conducting of construction services is the requirement, associated with the type, shape and line of business, registration of business entities, certification of the skills and work skills, and expertise, business licensing and accreditation of construction, service associations and companies corporately profession Association paragraph (3) is quite clear. Subsection (4) is quite clear. Article 8 is quite clear. Article 9 is quite clear. Article 10 is quite clear. Article 11 is quite clear. Article 12 is quite clear. Article 13 the letter a is a "Regional Agencies" is the person who manages the activities of which consist of PPTK, Technical Planner, Technical Implementers and Technical Supervisor who is a CIVIL SERVANT in government construction work. The letter b is the Non HR services providers is Apparatus construction.

15 Article 14 is quite clear. Article 15 paragraph (1) letter a is a "Licensing Requirements" is the Permitting effort construction services such as IUJK and SBU. The letter b is a "construction" certainly, environmental Provisions are obligations the fulfillment of the technical standards (NSPK) appropriate legislation related field of Bina Marga, water resources, the Department of transportation, Department of mines and energy, the Department of marine and Fisheries and other areas in any construction work Letter c the definition of "conditions of work safety and health" are all provisions of laws and regulations that govern the safety and occupational health. The letter d is a "General Safety Provisions" is concerned with the possible risks that can harm society and the environment as a result of the establishment of the buildings. The letter e is the "conditions of employment" are all provisions of laws and regulations governing employment. The letter f is the "Environmental Conditions" are all provisions of laws and regulations governing the environment. The letter g is a "spatial Conditions" are all the provisions of the legislation which governs spatial. The letter h is a "building governance Provisions" are all provisions of laws and regulations governing the layout of the building. The letter i is meant by "Other provisions" means the provisions of the legislation penyelengga-raan construction services such as law, government regulations, Rules and regulations of the Minister, the President of the Agency as well as a-level Commission set up by the Act. Paragraph (2) sufficiently clear paragraph (3) clear enough 16 article 16 Article 17 clearly Quite clear enough Article 18 ADDITIONAL SHEET quite clearly the AREA of BANTUL DISTRICT number 19

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