Regulatory Region Number 9 By 2013

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2013

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REGULATION of the MINISTER of the INTERIOR-1-Mayor of Tasikmalaya TOWN TASIKMALAYA REGIONAL REGULATION number 9 2013 of CONSTRUCTION SERVICE BUSINESS LICENSE with the GRACE of GOD ALMIGHTY the MAYOR of TASIKMALAYA, Considering: a. that to implement the provisions of article 14 paragraph (1) the Government Regulation Number 28 in 2000 about his efforts and the role of the construction Services Society as it has several times changed with the Government Regulation Number 92 in 2010 about the second amendment Over Government Regulation Number 28 in 2000 about the effort and Participation Construction Services society, in which the business entity which organizes the efforts of national construction services required to have business license issued by the local government in the place of domisilinya; b. that the Tasikmalaya Regional Regulation No. 5 of 2005 on Construction Services business license is not in accordance with the conditions and dynamics of the development of construction services at this time so that needs to be enhanced; c. that based on considerations as referred to in letter a and letter b need to set local regulations concerning construction service business license; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Law number 18 in 1999 about construction services (State Gazette of the Republic of Indonesia year 1999 Number 54 Additional sheets of the Republic of Indonesia Number 3794); 3. Act No. 10 of 2001 on the establishment of the town of Tasikmalaya (State Gazette of the Republic of Indonesia Number 90 in 2001, an additional Sheet of the Republic of Indonesia Number 4117); 4. 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),-2-as it has several times changed with 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); 5. Government Regulation Number 28 in 2000 about his efforts and the role of the construction Services Society (State Gazette of the Republic of Indonesia year 2000 Number 63, an additional Sheet of the Republic of Indonesia Number 3955) as it has several times changed with the Government Regulation Number 92 in 2010 about the second amendment Over Government Regulation Number 28 in 2000 about his efforts and the role of the construction Services Society (State Gazette of the Republic of Indonesia year 2010 Number 157); 6. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia year 2000 Number 64, an additional Sheet of the Republic of Indonesia Number 3956) as amended by the Government Regulation Number 59 in 2010 about changes to the Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia Number 95 in 2010); 7. Government Regulation number 30 in 2000 on the Organization of construction of construction service (Gazette of the Republic of Indonesia Number 65 in 2000, an additional Sheet of the Republic of Indonesia Number 3957); 8. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the provincial governments and district/city Governments (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 2738); 9. Regulation of the Minister of public works number: 14/PRT/M/2010 about minimum service standard Field public works and Spatial; 10. Regulation of the Minister of public works no. 04/PRT/M/2011 about the guideline Requirements Granting business license of national construction services; 11. Regulation of the Minister of public works number: 05/PRT/M/2011 about Granting Permission Requirements Guidelines the representatives of foreign construction service business entities; 12. Rule number 3 Tasikmalaya City Area in 2008 about the Affairs of governance into the authority of the Government of the city of Tasikmalaya (Tasikmalaya Regional Gazette in 2008 Number 83);

-3-13. Applicable local Tasikmalaya number 6 by 2013 on the establishment of the Organization the device Area ((Regional Gazette Tasikmalaya 2013 Number 144); Together with the approval of the HOUSE of REPRESENTATIVES and Mayor of TASIKMALAYA CITY AREA TASIKMALAYA DECIDED: setting: LOCAL REGULATIONS CONCERNING CONSTRUCTION SERVICE BUSINESS LICENSE. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the town of Tasikmalaya. 2. Local Government is the Mayor and the region as organizer of local governance. 3. The Mayor is the Mayor of Tasikmalaya. 4. designated Officials are the officials who got the pelimpahan authority of the mayor who organized and established by regulation of the Mayor. 5. Construction Services is planning consultancy services construction work implementation services, construction services and consultancy services the supervision of construction work. 6. construction services Business is business planning services in construction works, services implementation of construction services, consultancy services and supervision services of construction work. 7. Business entity construction services hereinafter abbreviated as BUJK, is a business entity that its business activities in the field of construction services. 8. Business license construction services hereinafter abbreviated to IUJK is a permission to do business in the field of construction services provided by local governments. 9. 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


-4-in order to realize a building or other physical form. 10. construction Planner is a provider of people-individuals or BUJK who stated expert and professional in the field of construction services planning capable of embodying the work in the form of building planning documents or other physical form. 11. Implementing construction services providers are those individuals or BUJK who stated expert and professional in the field of the implementation of the work of construction services that are able to organize its activities to realize an outcome of planning into the shape of a building or other physical form. 12. construction Supervisory services providers are those individuals or BUJK who declared experts and professionals in the field of supervision of construction services, which are able to carry out the work of supervision since the beginning of the execution of the construction work until completion and the title. 13. the Domicile is the place of establishment and/or seat/address of business entity that remain in conducting business activities of construction services. 14. A certificate is: a. 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, either in the form of individual people or business entities; or b. the acknowledgment or proof of 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. 15. Classification is part of registration activities to establish its business in the field of construction services according to the areas and sub areas of work or profession categorization skills and expertise in the field of individual person constructs according to scientific discipline and/or particular skills and/or expertise and/or the functionality of each. 16. registration activities are part of the qualifying to determine the categorization effort in the field of construction service according to the level of competence and skill depth/effort, or 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. 17. Construction activity is setting, empowerment, and supervision conducted local governments for service providers, service users and the public.

-5-18. The Institute is the development of construction services which further shortened LPJK in accordance with the mandate of the Government Regulation Number 28 in 2000 about his efforts and the role of the construction Services Society as it has several times changed with the Government Regulation Number 92 in 2010 about the second amendment Over Government Regulation Number 28 in 2000 about his efforts and the role of the construction Services Society. CHAPTER II AIMS and OBJECTIVES article 2 establishment of Intent Rules this area allotment implementation arrangements is doing IUJK. Article 3 regulation of the area aimed at: a. realizing the orderly execution of the granting IUJK accordance with the requirements of the provisions of the laws-an invitation to support the attainment of good business climate; b. manifest provider reliability assurance of construction in order to protect the interests of the community; c. realize increased efficiency and effectiveness of the use of resources in the development of physical infrastructure and facilities; and d. supporting the provision of basic services and the achievement of the targets for minimum service standard in the field of construction services. CHAPTER III SCOPE of article 4 scope local regulations govern such things as follows: a. principles; b. construction service efforts; c. construction service business license; d. rights and obligations of the holder of the IUJK; e. report of the accountability officials who give IUJK; f. empowerment and supervision; g. administrative sanctions; and h. information systems.

-6-CHAPTER IV principles article 5 the awarding of IUJK based on the following principles: a. Basic Honesty and justice, contains 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; b. Basic benefits, contains the notion that all activities of construction services should be implemented based on the principles of professionalism within the skills and responsibility, efficiency and efektitas that can guarantee the realization of value added that is optimal for the parties in implementing construction services, and for the national interest; c. the principle of Harmony, contains 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; d. the principle of balance, understanding 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 employment opportunities on service providers; e. the principle of Self-reliance, contains the sense of growing and growing competitiveness of national construction services; f. the principle of Openness, it contains the sense of 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 shortcomings and irregularities; g. the principle of partnership, contains the sense of the working relationship of the parties in the harmonious, open, reciprocal in nature, and synergistic; and h. the principle of safety and security, containing 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.


-7-Chapter V CONSTRUCTION SERVICE BUSINESS article 6 (1) construction services Businesses include: a. type of business; b. business form; and c. the field of construction service business. (2) the type of construction business as referred to in paragraph (1) letter a include planning services, service execution and service supervision of construction. (3) services of planning, implementation, services and construction supervision services as referred to in paragraph (2) may be made in integrated. (4) form of business construction services as referred to in paragraph (1) letter b include the efforts of individuals and business entities. (5) the field of construction service business as referred to in paragraph (2) Letter c covers: a. Business Planning; b. scope of work Execution; and c. the areas Supervisory Efforts. (6) business planning and construction supervision as referred to in paragraph (5) of the letter a and c consist of a line of business that is both General and specialist. (7) managing the construction services business as referred to in paragraph (1) letter b composed of businesses who are the public, specialists, and certain skills. CHAPTER VI CONSTRUCTION SERVICE BUSINESS LICENSE article 7 (1) to be able to carry out construction jobs construction planners, executors and Trustees of the construction the construction, in the form of business entity required to have IUJK. (2) IUJK as referred to in subsection (1) must include the classification and qualification of construction service business. (3) the classification and qualification effort construction services as referred to in subsection (2) must be in accordance with that stated in the certificate of business entities. Part I General principles article 8 Granting IUJK principles of the implementation of the granting of IUJK:-8-a. proposes excellent service; b. reflect the professionalism of the service provider; and c. is a means of fostering efforts of construction services. Article 9 (1) the Mayor of gives IUJK to the business entity who have met the requirements. (2) the Mayor referred to in subsection (1) may appoint officials to give the IUJK defined by regulation the Mayor. (3) IUJK given to the construction services business entity domiciled in the area. (4) IUJK given in the form of a certificate signed by the mayor or Officials appointed on behalf of the Mayor. (5) IUJK as referred to in subsection (4) applies to carry out the business activities of construction services on the whole territory of the Republic of Indonesia. Article 10 a person who occupied positions as directors or Commissioners in charge of the business entity or from a BUJK, at the same time is prohibited and become directors or Commissioners or in charge of a business entity on the other BUJK in the BUJK-BUJK: a. have a close relation in the construction services; or b. together can master the market share of construction services, which can result in the occurrence of monopolistic practices and/or unhealthy business competition. Article 11 (1) BUJK with the status of a branch or representative office operating in areas required to have the classification and qualification effort corresponding to the classification and qualification effort that is owned by its headquarters. (2) BUJK with the status of a branch or a representative must have the IUJK record has been legalized by the competent authority in the territory of BUJK parent are domiciled. The second part of application for Service IUJK article 12 (1) the mayor or appointed Officials perform services granting IUJK upon application in writing from BUJK. (2) the type of application services as referred to in subsection (1) include the following: a. the application for the permit;

-9-b. the extension of a permit; c. Change data; and/or d. Closure permit. (3) the process of granting IUJK performed the longest 10 (ten) working days after the document file requirements stated. (4) the provisions concerning the requirements and procedures of application for service IUJK as referred to in paragraph (2) is subject to further regulation of the Mayor. The third section in charge of the Engineering of article 13 (1) BUJK which apply IUJK in charge of the Engineering required to have business entity. (2) the person in charge of the engineering business entities for service planning, service implementation and supervisory services must have the certificate of skills and/or expertise in accordance with the classification and qualification of construction labor. (3) the person in charge of the engineering business entity as referred to in paragraph (1) required to have a card in charge of Engineering granted by the mayor or appointed Officials. (4) technical and Personnel or experts that is a fixed power on a business entity, is prohibited and as power remains on the efforts of individual people or other entities in the field of construction services. (5) Energy techniques as mentioned in subsection (4) must be domiciled in the territory of the area where the business entity domiciled or the adjacent city which can be reached every day with ease. (6) the provisions concerning the requirements and procedures of application for Engineering in charge Card referred to in subsection (4) are governed further by a regulation the Mayor. The fourth part IUJK Granting clause 14 (1) a designated Officer gives the IUJK doing the examination of documents of application for BUJK. (2) a designated Officer may conduct a verification of the field to ensure the validity of the document is the application for BUJK.

-10-article 15 (1) any IUJK use code number given permission. (2) the provisions concerning the numbering code permission referred to in subsection (1) are governed further by a regulation the Mayor. Part five Valid IUJK article 16 (1) IUJK has a valid for 3 (three) years and can be extended for every time expiration. (2) the extension referred to in paragraph (1) cannot be done in a BUJK question during the passage of the IUJK never get the job. CHAPTER VII RIGHTS and OBLIGATIONS of the HOLDER of the IUJK article 17 IUJK Holder is entitled to: a. follow the process of procurement of construction services; and b. obtain coaching from the Government. Article 18 (1) the holder of a compulsory IUJK meets the provisions of the: a. environmental requirements, including public safety, building construction, quality of work, quality of materials and/or building components, and the quality of the equipment complies with the applicable standards or norms; b. Security, safety, and health work construction in accordance with the provisions of the legislation; c. social protection of labor in the implementation of the construction works in accordance with the provisions of the legislation; d. local environmental governance and environmental management in accordance with the provisions of the legislation. (2) the holder of a compulsory IUJK of carrying out construction work exactly the cost, quality and time. (3) the holder IUJK with line of business Watchdog and Implementing mandatory produce construction products according to specifications and software design in the contract as well as the environmental conditions it refers to.


– 11-(4) the holder IUJK with line of Business Planner, mandatory product design produces a corresponding construction contract and refers to the environmental conditions. (5) the holder of a compulsory IUJK comply with administration of the following: a. the report in case of change of the data BUJK and Individual People within 14 (fourteen) days after the occurrence of a change of data; b. end of year report submitted to officials of the giver IUJK slowest month of December the current year; c. install a nameplate company that set the number IUJK in the offices places BUJK residing. (6) the provisions regarding the end of year report referred to in subsection (5) the letter b is governed more by the Mayor's Rules. CHAPTER VIII REPORT of the ACCOUNTABILITY OFFICIALS who GIVE IUJK article 19 (1) a designated Officer to execute the grant IUJK, mandatory accountability report periodically every 3 (three) months to the Mayor. (2) the Mayor delivered a report on the awarding of the IUJK to the Governor regularly every 4 (four) months. (3) the provisions concerning the grant of IUJK liability report as referred to in paragraph (1) and paragraph (2) is subject to further regulation of the Mayor. CHAPTER IX EMPOWERMENT and Empowerment is considered Part of the scope of SURVEILLANCE and monitoring the issuance of IUJK article 20 Mayors or Officials designated as the Builder construction services do Empowerment and supervision against the implementation of the grant of a IUJK by: a. providing guidance about the laws-invitation construction services; b. provide information on environmental conditions, security, safety and occupational health as well as the local environment; c. conduct training against experts or skilled construction services; d. disseminating the provisions permitting the construction; and-12-e. carry out oversight to satisfy the orderly conduct of the utilization and orderly construction services. Article 21 (1) Empowerment and supervision as referred to in article 20 is done through monitoring and evaluation reports periodically from the direction BUJK or data from other sources are concerned. (2) the procedures for empowerment and supervision as referred to in article 20 is governed more by the Mayor's Rules. Section 22 (1) the mayor or appointed Officials have the authority to exercise the oversight the publication of IUJK and its use in any construction work. (2) in the exercise of supervision, the mayor or the designated Officer to make a guideline as a reference to conduct surveillance that includes the monitoring, inspection and assessment. (3) the mayor or appointed Officials can evaluate the data stated in the truth of the SBU given by LPJK with reference to norms LPJK. (4) if the results of checking or inspection concluded that the SBU is put forward by the company turned out to be not true, then IUJK him frozen to be repaired. (5) the mayor or appointed Officials monitor the overall development of construction work are being carried out to ensure that the granting of IUJK is not abused and the achievement of business results of product quality work. Article 23 (1) BUJK service users can report performance BUJK the designated officer. (2) the report referred to in subsection (1), among others, with regard to the quality of work and safety and health work in carrying out the work of the kostruksi. (3) the report referred to in subsection (1) is a material input for local governments in the construction of construction services in accordance with the legislation. The second part of the list of Individual Efforts Sign section 24 one of the forms of supervision conducted by the Mayor through the Secretary or Officials appointed by the Mayor as the 13th-Builder construction services is doing registration against Individual Efforts. Article 25 (1) individual efforts as referred to in article 6 paragraph (4) is required to be registered on the designated Officer IUJK the giver. (2) any individual whose efforts have been registered as referred to in paragraph (1), given the cards Sign a list of Individual Efforts. (3) the provisions concerning the requirement application Card List Individual Efforts as mentioned in subsection (2) is subject to further regulation of the Mayor. CHAPTER X ADMINISTRATIVE PENALTIES Article 26 (1) violation of the provisions of the Regulation area is penalized in the form of: a. a written warning, a reprimand that didn't stop and negate the rights sought company; b. freezing IUJK, which will cause the company is not permitted to carry out construction work for a while; or c. the repeal IUJK that would negate the right of trying the company. (2) the imposition of sanctions against BUJK as referred to in subsection (1) must be announced to the general public including through information systems, construction services and/or bulletin board SEGWAY Publisher IUJK. Article 27 violation of Article 18 paragraph (1) letter d and article 18 paragraph (5) be penalized in the form of a written warning. Article 28 BUJK IUJK freezing penalized when: a. ignore the warning in writing as set forth in article 27 as many as three (3) times with grace period of each 1 (one) month, but did not meet his obligations and does not heed the warning conveyed; b. infringes the provisions of article 7, paragraph (3) of article 18 paragraph (1) letter a to letter c of article 18, paragraph (2) until subsection (4); or c. enters into the black list.


-14-article 29 IUJK freezing Mechanisms referred to Article 28 as follows: a. certificate of IUJK of BUJK dropped sanctions freezing pulled by the designated Officer IUJK the giver; and b. the designated official of the giver IUJK published iujk the freezing of affidavits. Article 30 BUJK revocation IUJK be penalized when: a. do perlanggaran as referred to in article 28 and have been exposed to freezing IUJK sanctions as much as 2 (two) times; b. acquiring IUJK freezing sanctions as stipulated in article 28 but still carry out the work; or c. has been proven to cause failure of construction and/or failure of the building. Article 31 (1) for the individual person who does business in violation of the provisions of article 25 paragraph (1) be penalized a maximum fine of Rp 5,000,000.0.-(five million rupiah). (2) a fine referred to in subsection (1) constitutes acceptance of the region. Article 32 (1) a frozen IUJK can be put in place back when it meets the following criteria: a. the company has heeded the warning strike and carry out its obligations in accordance with the provisions in force; b. the company found not proven economic criminal acts in accordance with the decision of the courts that have the force of law. (2) provisions on the enforcement mechanism of the returned IUJK as referred to in paragraph (1) are governed further by a regulation the Mayor. CHAPTER XI INFORMATION SYSTEMS Article 33 (1) a designated official of the giver IUJK do IUJK Ministry of the input data into the information system construction service which at least contain: a. Data BUJK that already have IUJK; b. a list of Individual Efforts; c. Status of the applicable IUJK; and-15-d. Status of sanctions against BUJK, if any. (2) IUJK and Persorangan List the Signs already given, airing through the medium of the internet. (3) the designated official of the giver IUJK updating the data service as referred to in paragraph (1) periodically. CHAPTER XII OTHER PROVISIONS – ANOTHER Article 34 the designated Officer IUJK the giver of the obligatory coordination of activities and to report to the Team Builder construction services at city level, at the provincial level and at the national level. CHAPTER XIII TRANSITIONAL PROVISION of article 35 (1) IUJK given before the promulgation of the regulation of this area was declared still valid up to the expiration date of the permit. (2) in the case of certificates of expertise and/or certificate of skills and/or Certificate Responsible Insurer Empowerment Techniques are not yet adequate, then it can be used: a. the certificate of education and training with material construction management issued by the institution/institutions who have the permission of the Organization of education and training, with a validity period of not longer than 1 (one) year; or b. a temporary Certificate issued by the head of a SEGWAY wing construction services that States concerned as a competent person in charge engineering with a validity period of not longer than 1 (one) year. CHAPTER XIV the CONCLUDING PROVISIONS of article 36 of the regulation at the time of this area comes into force, the regulation of the regional town of Tasikmalaya number 5 in 2005 about the Construction business license (Gazette of the regional city of Tasikmalaya 2005 Number 55) revoked and declared inapplicable.

-16-Article 37 of the regulation of this area comes into force on the date of promulgation. So everyone knows that ordered the enactment of regulations in this Area with its placement in Tasikmalaya City Area of the sheet. Set in Tasikmalaya on 21 October 2013 TASIKMALAYA MAYOR h. BUDI BUDIMAN Enacted in Tasikmalaya on 21 October 2013 SECRETARY CITY of TASIKMALAYA, h. i. s. HIDAYAT TASIKMALAYA CITY AREA SHEET by 2013 the NUMBER 147

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