Advanced Search

Regulatory Region Number 9 By 2013

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

-1-

MAYOR OF TASIKMALAYA CITY AREA ORDINANCE TASIKMALAYA

NUMBER 9 YEAR 2013

ABOUT

CONSTRUCTION SERVICES PERMIT

WITH THE GRACE OF THE ALMIGHTY GOD

THE MAYOR OF TASIKMALAYA,

DRAW A. that to implement the provisions of Article 14 paragraph (1) of the Government Regulation No. 28 Year 2000 on Effort and Role as well as the Society of Contracting Services as have been the last several times amended by Government Regulation No. 92 of 2010 on The Second Change of Government Regulation No. 28 of 2000 on Effort and Role as well as the Society of Contracting Services, in which the national business agency that organizes a compulsory construction service effort has a permit issued by the Government. The area in its domicid place;

b. that the Regional Rule of Tasikmalaya City Number 5 of 2005 on the Destructive Services Business Permit is not in compliance with the current conditions and dynamics of the construction of the construction services so that it needs to be refined;

c. that under consideration as referred to in letter a and the letter b needs to specify the Regional Regulation on the Construction Services Permit Permit;

Given: 1. Article 18 of the paragraph (6) of the Basic Law of the Republic of Indonesia in 1945;

2. Invite Invite Number 18 Year 1999 On Construction Services (Indonesian Republic Of Indonesia Year 1999 Number 54 Additional Gazette Republic Indonesia Number 3833);

3. Law Number 10 of 2001 on the Establishment of the City of Tasikmalaya (State Gazette of the Republic of Indonesia in 2001 Number 90, Additional Gazette of the Republic of Indonesia Number 4117);

4. Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette of the Republic of Indonesia Number 4437),

-2-

as it has been last modified by Law Number 12 of 2008 on the Second Amendment of the Number 32 Year Act 2004 on the Local Government of the Republic of Indonesia in 2008 Number 59, Additional Page Of The Republic Of Indonesia Number 4844);

5. Government Regulation No. 28 Year 2000 on Effort and Role as well as the Society of Contracting Services (State of the Republic of Indonesia 2000 number 63, Additional Gazette Republic of Indonesia Number 3955) as has been several times amended Last with Government Regulation No. 92 of 2010 on the Second Amendment of Government Regulation No. 28 of 2000 on Effort and Role as well as the Society of Contracting Services (State Gazette of the Republic of Indonesia 2010 No. 157);

6. Government Regulation No. 29 Year 2000 on the Establishment Of Construction Services (sheet Of State Of The Republic Of Indonesia 2000 Number 64, Additional Gazette Republic Indonesia Number 3956) as amended by Government Regulation No. 59 Years 2010 on Changes to Government Regulation No. 29 of 2000 on the Establishment Of Construction Services (state Gazette of the Republic of Indonesia of 2010 No. 95);

7. Government Regulation No. 30 Year 2000 on the Hosting Of Construction Services (sheet Of State Of The Republic Of Indonesia In 2000 Number 65, Additional Gazette Of The Republic Of Indonesia Number 3957);

8. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs Between Government, Provincial Government and District/City Government (State Gazette of 2007 Indonesia Number 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 2738);

9. Regulation of the Minister of Public Works Number: 14 /PRT/M/2010 on the Minimal Service Standards of Public Works and the Space Tata;

10. Regulation of the Minister of Public Works Number: 04 /PRT/M/2011 on the Guidelines for National Construction Services Approval Requirements Guidelines;

11. Regulation of the Minister of Public Works Number: 05 /PRT/M/2011 on the Guidelines of Foreign Construction Services Licensing Requirements Guidelines;

12. Regulation of the City of Tasikmalaya City Number 3 of 2008 on Government Affairs which became the Government of the Government of Tasikmalaya (leaf section of the city of Tasikmalaya in 2008 Number 83);

-3-

13. 2013 Tasikmalaya City Regional Regulations 2013 on the Establishment of a Regional Device Organization ((LEAF AREA OF THE CITY OF TASIKMALAYA IN 2013 NUMBER 144);

WITH MUTUAL CONSENT

THE ASSEMBLY OF THE PEOPLE OF THE CITY AREA OF THE CITY OF TASIKMALAYA

and

MAYOR OF TASIKMALAYA

DECIDED:

SET: THE REGIONAL REGULATIONS ON THE PERMIT OF THE CONSTRUCTION SERVICES EFFORT.

CHAPTER I OF THE GENERAL PROVISION

Article 1

In this Region Regulation referred to:

1. The area is the city of Tasikmalaya.

2. The Local Government is the Mayor and regional device as an element of the regional government organizer.

3. The mayor is the Mayor of Tasikmalaya.

4. Appointed officials are officials who have the authority over the Mayor's authority to be governed and assigned to the Mayor's Rules.

5. Construction services are the consulting services of construction work planning, the service of the construction services of the construction and consulting services of the construction work.

6. Construction services are an undertaking in the service of construction work planning services, a service implementation services service, and a construction services consultancy services service.

7. The construction services agency, which was later abbreviated as BUJK, was an enterprise whose business activities moved in the Construction Services area.

8. The next Development Services Construction permit (IUJK) is the permission to conduct business in the Construction Services area given by the Local Government.

9. Construction work is the whole or part of a series of planning and/or staging activities and oversight that includes architectural, civil, mechanical, electrical, and environmental work, respectively, and its equipations.

-4-

to realize a building or other physical form.

10. A construction planner or construction planner is an expert and professional service provider that is declared professional and professional in the field of planning a construction service capable of realizing work in the form of building planning documents or other forms of physical form.

11. Construction is a professional and professional services provider that is declared professional and professional in the field of execution of a construction services job capable of organizing its activities to realize the outcome of planning into form. building or any other physical form.

12. A construction supervisor is a private or BUJK person who is declared expert and professional in the area of supervision of construction services, which is capable of carrying out surveillance work since the beginning of the construction of construction work until it is completed and was handed over.

13. Domicile is the site of the establishment and/or the position/address of the enterprise that remains in conducting the activities of the construction services.

14. The certificate is: a. proof of recognition in the designation of classification

and qualifications for the competency and business capabilities in the field of construction services, whether or not in the form of an individual person or an enterprise; or

b. a sign of the recognition or competency and skill of the profession of work skills and the skill of individual persons in the field of construction services according to the discipline of scholarship and/or skill of certain and/or the functicians and/or skills of certain.

15. Classification is a part of the registration activities for establishing a business group in the field of construction services by field and sub-field of employment or class of individual person job skills and skills in the field of construction services. according to the discipline of scholarship and/or skill of certain and/or the funccency and/or expertise of each.

16. Qualification is a part of the registration activities to assign business classes in the field of construction services according to the level/depth of competencies and business skills, or the skill professions of the skills and workmanship of individuals in the field. a construction service according to the level/depth of competence and skill of the profession and expertise.

17. Coaching is the activities of set-up, empowerment, and oversight that the Local Government is doing for service providers, service users and the public.

-5-

18. The Institute is the Construction Services Development Institute which is further abbreviated as LPJK in accordance with the mandate of Government Regulation No. 28 of 2000 on Effort and Role as well as the Constructional Services Society as has been several times amended last with Government Regulation No. 92 of 2010 on the Second Amendment of Government Regulation No. 28 of 2000 on Effort and Role as well as the Contracting Services Society.

CHAPTER II OF INTENT AND PURPOSE

Section 2

The intent is set to be This area's regulation is to perform the implementation of IUJK grants.

Article 3

This Regional Regulation aims to: a. embody the appropriate implementation of the IUJK grants

with the requirements of the invitational rules to support the good business climate;

b. realizing the reliability of the construction services provider in order to protect the public's interests;

c. embodied the increased efficiency and effectiveness of the use of resources in the construction of physical means and infrastructure; and

d. supporting the provision of basic services and the achievement of the standard target service minimum service in the field of construction services.

CHAPTER III SPACE

Section 4

The scope of this Regional Regulation governs the following: a. Out of the way; b. the construction of a construction service; c. a construction permit for the construction services; d. the rights and obligations of IUJK holders; e. Officials ' accountability reports that provide

IUJK; f. empowerment and oversight; g. administrative sanction; and h. Information systems.

-6-

BAB IV ASAS-ASAS

Article 5

The granting of IUJK is based on the principles as follows: a. Principle Honesty and Justice, understanding

awareness of its function in the holding of construction services as well as responsible for fulfilling various obligations to obtain its rights;

b. Asas benefits, it contains the understanding that all activities of the construction services must be executed on the principles of professionalism in the ability and responsibility, efficiency and effectiveness that can guarantee the value of the added value. optimal for the parties in the holding of construction services and for national interest;

c. The Greed Principle, contains a sense of harmony in the interaction between a service user and a service provider in the host of an environment-insightful construction job to produce a high quality, quality and quality product;

d. Asas equilibrium, it contains the understanding that the construction of construction should be based on the principle that guarantees the balance between the ability of the service provider and its workload. Service users in establishing a service provider are required to comply with this principle, in order to guarantee the selection of the most suitable service providers, and on the other hand may provide proportional leveling opportunities in job opportunities for service providers;

E. The principle of self-reliance, the growing sense of growing and developing the national construction services of the national construction services;

f. The principle of the Cloud Service can be used as part of the Cloud Service for the Cloud Service, including the Client's use of the Cloud Service. Optimally and definitively going to the right and to acquire it and allow for correction so that it can be avoided by a variety of flaws and devises;

g. Partnership Asas, containing the understanding of harmonious, open, reciprocity, and synergistic work relationships; and

h. Asas Security and Safety, contain the understanding of the implementation of the construction services, security and security. environment and work safety, as well as the utilization of construction work results by staying attening to the general interest.

-7-

CHAPTER V CONSTRUCTION SERVICES VENTURE

Article 6

(1) The construction services efforts include: a. the type of effort; b. attempt to form; and c. field of construction services.

(2) The type of construction effort as referred to in paragraph (1) the letter includes the planning service, the execution service and the construction supervision services.

(3) the planning services, execution services,

(4) The form of construction services as referred to in paragraph (1) letter b includes individual business and enterprise enterprise.

(5) The field of construction services as referred to in paragraph (1) of the letter c includes: a. Planning Business: Area of the Service; and c. Supervision field.

(6) The area of construction planning and supervision as referred to in paragraph (5) letters a and c is composed of a general and specialist field of enterprise.

(7) the construction of the construction services of the construction as referred to in paragraph (5) the letter b consists of a specific field of business, a specialist, and a certain skill.

CHAPTER VI OF THE CONSTRUCTION SERVICES BUSINESS

Article 7

(1) To be able to carry out the construction work of the planner construction, acting constructs, and construction supervisors that are the body-shaped mandatory entities has an IUJK.

(2) IUJK as referred to in paragraph (1) must list the classification and qualification of the construction services effort.

(3) The classification and qualification of the construction services as referred to in paragraph (2) must correspond to that listed in the Entity Certificate.

Section Parts of the General Principles of Giving IUJK

Section 8

Princibess of IUJK grants:

-8-

a. Depaning the prime service; b. reflect the professionalism of the service provider; and c. is a means of coaching in the construction of construction services.

Article 9

(1) The mayor gives IUJK to the agency that has met the requirements.

(2) The Mayor as referred to on paragraph (1) may designate the Official to provide IUJK prescribed with the Mayor Regulation.

(3) IUJK is given to the constructable construction services entity domiciled in the Region.

(4) IUJK is given in the form of a certificate which signed by the Mayor or Acting Officer on behalf of the Mayor.

(5) IUJK as intended in paragraph (4) apply to carry out construction services activities in all areas of the Republic of Indonesia.

Article 10

A person who occupies a position as a director or a commissioner or a person-in-charge attempt by a BUJK, at the same time is prohibited from being either a board of directors or commissary or other business entity in any other BUJK if it is BUJK-BUJK: a. have a close link in the construction services;

or b. together may master the share of the services market

construction, which may result in monopoly practice and/or unfair business competition.

Article 11

(1) BUJK with the status of a branch or representative operating in The area must have the classification and qualification of the business in accordance with the classification and qualification of the business owned by its head office.

(2) BUJK with the status of the branch or representative must have an authorized IUJK record by authorized Officer in the BUJK region of the berdomicile parent.

The Second Part IUJK Service Request

Section 12

(1) The Mayor or Acting Officer performs the IUJK grant service under a written request from BUJK.

(2) the type of invocation service as referred to in paragraph (1) includes: a. Request a new permit;

-9-

b. Permission extension; c. Data changes; and/or d. Permission closure.

(3) IUJK grant process is performed at least 10 (ten) business days after the requirements document file is specified.

(4) The terms of the requirements and grammar of the IUJK service request as well. referred to the paragraph (2) is further set up with the Mayor Regulation.

Third Part of the Engineering Responsibility

Article 13

(1) BUJs that apply for IUJK should be required to have an Entity Engineering Responsibilities Charge.

(2) Engineering Service Engineering for planning services, execution services and surveillance services. must have a skills certificate and/or expertise in accordance with the classification and qualification of the construction workforce.

(3) The Organizational Engineering Responsibilities as referred to in paragraph (1) are required to have a Engineering Governing Card which is provided by the Mayor or the designated Officer.

(4) the engineering and or power-state of the enterprise remains on a business entity, is prohibited as a fixed force on individual persons or other business entities in the the same field of construction services.

(5) The engineering power as referred to on verse (4) must be domiciled in the area of the area where the adjacent Domiciled Entity or the adjacent city can be reached each day easily.

(6) The terms of the requirements and grammar of the Engineering Responsibilities Card as referred to in paragraph (4) is further set up with the Mayor Regulation.

Fourth Part of the IUJK Giving

Article 14

(1) The designated officer provided IUJK to conduct a check on the BUJK application application.

(2) Designated officials may conduct field verification to ensure the validity of the BUJK plea document.

-10-

Article 15

(1) Any IUJK given using the license code number.

(2) The provisions of the license code numbering as referred to in paragraph (1) are further set up with the Mayor Regulation.

Part Fifth IUJK Terms

Article 16

(1) IUJK has a period of three (three) years in effect and may be extended for any expiration date.

(2) The extension as referred to in paragraph (1) cannot be done If the BUJK is concerned during the expiring IUJK period, it never gets a job.

BAB VII RIGHTS AND OBLIGATIONS OF IUJK HOLDERS

Article 17

IUJK holders are entitled to: a. follow the construction services procurement process; and b. getting coaching from the Government.

Article 18

(1) IUJK holders are required to meet the provisions of: a. purified, including general safety requirements,

building construction, quality of job results, quality of materials and/or building components, and equipment quality in effect with applicable standards or norms;

b. security, safety, and health of the construction site in accordance with the provisions of the laws of the law;

c. the social protection of labor in the execution of construction work in accordance with the provisions of the laws of the laws;

d. local environmental and environmental management in accordance with the provisions of the laws.

(2) IUJK holders are required to execute the construction work in a timely way, quality and time.

(3) IUJK holders with Managing and Supervising Business are required to generate construction products according to specifications and design in contracts and refers to the provisions of the perseverance.

-11-

(4) IUJK holders with Event Business Fields, are required to produce a contract with the appropriate construction products and refer to the terms of the purified.

(5) IUJK Licensee is required to meet the administrative provisions as Here's a. Reports in the event of a BUJK data change and

The individual person in the longest 14 (fourteen) days after the data change;

b. delivered a year-end report delivered to the IUJK officials at the slowest of December of the running year;

c. install a company nameboard that lists IUJK numbers in the office of the BUJK domicile.

(6) The provisions Regarding the final report of the year as referred to in paragraph (5) the letter b is further set up with the Mayor Regulation.

BAB VIII OFFICIALS ACCOUNTABILITY REPORT

WHO GIVES IUJK

Article 19

(1) Designated Officials to carry out IUJK grants, required to submit a liability report periodically every 3 (three) months to the Mayor.

(2) The Mayor delivers an IUJK grant report to the Governor periodically every 4 (four) months.

(3) The provisions of the IUJK grant responsibility report as referred to in paragraph (1) and paragraph (2) is further set up with the Mayor Regulation.

CHAPTER IX EMPOWERMENT AND SUPERVISION

Part Part Of The IUJK Empowerment And Supervision Scope

Section 20

Mayor or The official designated as Pembina Services Construction performs Empowerment and Supervision against the implementation of the IUJK grant in a way: a. provide counseling on the rules of the invite-

construction services invitation; b. provide information on the provisions of the perseverance,

security, safety and health work as well as the local environment;

c. conducting training on expert power and skilled power of construction services;

d. disseminate the terms of the construction of development; and

-12-

e. Carry out the supervision to comply with the order and order of the construction services.

Article 21

(1) The Empowerment and Oversight as referred to in Section 20 is done through report monitoring and evaluation. periodically of the BUJK leadership or data from other relevant sources.

(2) The order of empowerment and supervision as referred to in Article 20 is further set up with the Mayor Regulation.

Article 22

(1) The mayor or the designated officer has the authority to carry out the surveillance publishing IUJK and its use in any construction work.

(2) In the conduct of surveillance, the Mayor or Acting Officer makes a guideline as a reference for conducting surveillance covering monitoring, inspection and judgement.

(3) The Mayor or Acting Official may conduct the evaluation of the data correctness indicated in the SBU given by LPJK by referring to the LPJK norm.

(4) If the results of the check or inspection conclude that the SBU submitted by the company turns out to be untrue, then the IUJKs are frozen for repair.

(5) the Mayor or Acting Officer conducts the overall surveillance construction of construction work is being implemented to ensure that IUJK grants are not abused as well as the quality of job product quality.

Article 23

(1) BUJK service users can report BUJK performance to The designated officer.

(2) The report as referred to in paragraph (1) among others with regard to the quality of employment and safety as well as the work health in carrying out the work of obstruction.

(3) The report as referred to in paragraph (1) is the input material for the Local Government in the coaching of construction services accordingly with laws.

The Second Section of the Individual People's Business List

Article 24

One of the supervising forms of supervision by the Mayor through the Regional Secretary or the Acting Officer by

-13-

The mayor as Pembina Services Construction is conducting registration of the Individual People's Business.

Section 25

(1) The individual person's efforts as referred to in Section 6 of the paragraph (4) are required to be registered in The IUJK's designated official.

(2) Each individual person business who has been registered as referred to in paragraph (1), is given a Individual Person Business List Card.

(3) The terms of the People's Business Sign Card Request Requirements The individual as referred to in paragraph (2) is further set up with the Mayor's Rule.

CHAPTER X ADMINISTRATIVE SANCTION

Article 26

(1) The violation of the provisions of the Regulation of the Regions is subject to a sanction of: a. a written warning, a reprimand not

stop and negate the company's right to attempt;

b. freezing IUJK, which will cause the company to not be allowed to carry out construction work for a while; or

c. revocation of IUJK that will negate the company's attempt.

(2) The introduction of sanctions against BUJK as referred to in paragraph (1) should be announced to the general public among them through the construction services information system and/or the IUJK publisher SKPD announcement board.

Article 27

The violation of Article 18 of the paragraph (1) of the letter d and Article 18 of the paragraph (5) is subject to the written warning.

Article 28

BUJK is subject to the IUJK freeze sanctions if: a. ignoring a written warning as set

in Article 27 as much as 3 (three) times by half the time of each one (one) month, but does not meet its obligations and does not heed the warning being delivered;

b. violating the provisions of Article 7 of the paragraph (3), Section 18 of the paragraph (1) of the letter a up to the letter c, Section 18 of the paragraph (2) to the verse (4); or

c.

-14-

Article 29

The IUJK freezing mechanism as referred to Article 28 as follows: a. IUJK certificate from BUJK dropped sanctions

freezing was withdrawn by the IUJK-appointed Acting Officer; and

b. Officials appointed to the IUJK have issued an iujk freeze certificate.

Article 30

BUJK will be subject to IUJK revocation sanctions if: a. conduct a perlbudget as referred to in

Article 28 and have been exposed to IUJK freezing sanctions as much as 2 (two) times;

b. are getting the IUJK freeze sanctions as referred to in Article 28 but still carry out the work; or

c. has proven to cause construction failure and/or building failure.

Article 31

(1) For people's efforts Persons committing violations to the provisions of Article 25 of the paragraph (1) are subject to the sanction of the most Rp. 5,000,000,-(five million rupiah).

(2) Denda as referred to in paragraph (1) is the acceptance of the section.

Article 32

(1) the frozen IUJK can be re-enacted when it has met the following criteria: a. The company has heeded a warning warning

and carries out its obligations in accordance with the applicable provisions;

b. The company is declared to be unproven to be an economic criminal in accordance with the decision of a judicial agency that has a fixed legal force.

(2) The provisions of the IUJK reenaccation mechanism as set forth in the paragraph (1) further set up with the Mayor Regulation.

CHAPTER XI INFORMATION SYSTEM

Section 33

(1) ImuJK-appointed officials perform the IUJK service data input into the at least the Construction Services Information System Loading: a. BUJK data already has IUJK; b. List of Individual Persons; c. IUJK applies status; and

-15-

d. The status of the sanctions against BUJK, if any.

(2) IUJK and the List of Sorting Persorangan are already given, aired via internet media.

(3) IUJK-appointed officials perform a service data update as referred to In paragraph (1) periodically.

BAB XII OTHEROTHER

Section 34

IUJK-appointed officials are required to coordinate and report activities to the Construction Services Pembina Team at the City Level, at the Provincial Level and at the National Level.

BAB XIII TRANSITION provisions

Article 35

(1) IUJK provided prior to the termination of the Regulation of this Section, it is stated to remain in effect until the expiration date of the license.

(2) In terms of the Certificate of Skills and/or the Certificate of Skills and/or the Empowerment Description of the Law. Engineering is not adequate, so it can be used: a. Education and Training Certificate with materials

construction management issued by an institution/institution that has the permission of the hosting of education and exercise, with the longest applicable 1 (one) year period; or

b. Temporary letter issued by the SKPD Chief who led to a construction service stating that concerned is competent as a Technical Responsibility for the most lasting 1 (one) year.

BAB XIV CONDITIONS COVER

Section 36

At the time the Regional Regulation came into force, the Regional Regulation of the City of Tasikmalaya Number 5 of 2005 on the Permit of the Construction Services Agreement (the Sheet Area Of The City Of Tasikmalaya In 2005 Number 55) was revoked and declared no Valid.

-16-

Article 37

The rules of this area begin to take effect on the date of the promulcity.

For everyone to know it is ordering the authoring of this Area Regulation with its placement in the Tasikmalaya Area Sheet.

Specified in Tasikmalaya on October 21, 2013

MAYOR OF TASIKMALAYA,

H. BUDI BUDIMAN

It was promulred in Tasikmalaya on 21 October 2013

SECRETARY OF THE CITY AREA OF TASIKMALAYA,

H. I. S. HIDAYAT

SHEET AREA OF THE CITY OF TASIKMALAYA IN 2013 NUMBER 147