Local Regulations No. 12 In 2012

Original Language Title: Peraturan Daerah Nomor 12 Tahun 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
PERDA IUJK copy of the latest 12 2012 Final 2012 111 1 Des, REGENT of BANYUWANGI BANYUWANGI REGENCY REGIONAL ORDINANCE COPY number 12 in 2012 ABOUT the CONSTRUCTION SERVICES BUSINESS LICENSE with the GRACE of GOD ALMIGHTY the REGENT of BANYUWANGI, Considering: a. that the applicable local Banyuwangi number 8 in 2009 about the Construction Services business license, is no longer appropriate to the needs and development of so should be updated to make it more beneficial to the community; b. that based on Act No. 28 of 2009 about local tax and Regional Levies, the construction services business license is not a kind of retribution in the service area so that the issuance of the permits in question cannot be drawn retribution; c. that based on considerations as referred to in letter a and letter b, need to set local regulations Banyuwangi Regency on construction service business license. Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Legislation – Act No. 12 of 1950 on the establishment of the area – the area District in East Java province (Republic Indonesia number 19 in 1950, an additional Sheet of the Republic of Indonesia number 19) as amended by Act No. 2 of 1965 (State Gazette of the Republic of Indonesia number 2 in 1965, an additional Sheet of the Republic of Indonesia Number 2730); 3. Act No. 8 of 1981 on the law of criminal procedure (State Gazette Number 76 of 1981, additional State Gazette Number 3209); 4. Act No. 18 of 1999 about construction services (State Gazette Number 54 in 1999, an additional Sheet country number 3794); 5. Act No. 28 of 2002 on Building (State Gazette Number 134 in 2002, an additional State Gazette Number 4247); 6. Law Number 32 of 2004 concerning Regional Government (State Gazette Number 125 of 2004, an additional State Gazette Number 4437) as amended a second time with Act No. 12 of 2008 (State Gazette Number 59 in 2008, an additional State Gazette Number 4844);

2 7. Act No. 38 of 2004 concerning road (State Gazette Number 132 in 2004, an additional State Gazette Number 4444); 8. Act No. 40 of 2007 concerning limited liability companies (State Gazette Number 106 in 2007, an additional State Gazette Number 4756); 9. Act No. 12 year 2011 about the formation of Legislation (State Gazette Number 53 in 2011, an additional State Gazette Number 4389); 10. Government Regulation Number 28 in 2000 about the efforts and roles of the construction services Society (State Gazette Number 63 in 2000, State Gazette Supplementary Number 4099), as amended, the last two times with the Government Regulation Number 92 in 2010 (State Gazette Number 157 in 2010); 11. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette Number 64 in 2000, an additional Sheet country number 3956) as amended by the Government Regulation Number 59 in 2010 (State Gazette Number 95 in 2010); 12. Government Regulation number 30 in 2000 on the Organization of construction of construction services (State Gazette Number 65 in 2000, State Gazette Supplementary Number 3957); 13. Government Regulation Number 36 in 2005 about the Regulations Implementing Act No. 28 of 2002 on Building (State Gazette Number 83 in 2005, an additional State Gazette Number 4532); 14. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette Number 165 in 2005, an additional State Gazette Number 4593); 15. Government Regulation Number 34 in 2006 about the road (State Gazette Number 4655 2006, additional State Gazette Number 4532); 16. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/municipality (State Gazette Number 82 in 2007, an additional State Gazette Number 4737); 17. the presidential regulation Number 54 in 2010 about Government procurement of goods/services, as amended by regulation of the President both times the number 70 in 2012; 18. the presidential regulation Number 73 in 2011 about the construction of the Building of the State; 19. Regulation of the Minister of public works number 04/PRT/M/2011 about the guideline Requirements Granting business license of national construction services; 20. Regulation of the Minister of public works number 07/PRT/M/2011 about the standards and guidelines for the procurement of construction works and services Consultancy;

3 21. Regulation of the Minister of public works number 08/PRT/M/2011 about the Division of the Sub Classification and Qualification Effort construction services; 22. Regulation of the Minister of industry no. 15/M-IND/PER/2/2011 about the guidelines use of domestic products in Government procurement of goods/services; 23. Regulation of the Minister of Home Affairs Number 53 in 2011 about the formation of a legal Product Areas; 24. Applicable local Banyuwangi number 4 in 2012 about Investigator civil servant Banyuwangi Area (Sheet Banyuwangi Area in 2012 the number 11/E); With the approval of the joint HOUSE of REPRESENTATIVES DISTRICT of BANYUWANGI and REGENT of BANYUWANGI DECIDED: setting: LOCAL REGULATIONS CONCERNING CONSTRUCTION SERVICE BUSINESS LICENSE. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. is the Banyuwangi Region; 2. Local Government is a Government of Banyuwangi Regency; 3. The head of a Region is the Regent of Banyuwangi; 4. the Minister is the Minister responsible in the field of construction; 5. The Institute is an organization referred to in Act No. 18 of 1999 about construction services, which aims to develop the activities of the national construction services; 6. The technical team is a team that was appointed regent of the elements comprising the service part/related institutions that have the task of checking/researching files the petition and review field in order the issuance of business license construction services; 7. Construction Services is planning consultancy services construction work, construction work implementation services and consultancy services supervision of construction works; 8. Construction Services Business is the work done by the individual or business entity in the field of construction services; 9. Services Consultancy is a service professional expertise in various fields that include the services of a construction planning, construction supervision services, and services of other professions, in order to achieve a particular appearance of the shape of the software which are arranged in systematic way based on the framework, a reference work is used the user services;


4 10. Construction work Planning Consultancy services is a consultancy services survey, general planning, studies of macro, micro studies, project feasibility study, engineering planning, operation and maintenance as well as research; 11. Service implementation of the construction works is the individual person services or business entity that is declared experts, professionals in the field of implementation of construction services, capable of organizing activities to realize an outcome planning became a form of buildings or physical form; 12. Services Consultancy supervision of construction works is the construction work supervision services consists of the service quality, the belief supervision timeliness in the process of the work, as well as the results of construction works and development services; 13. the efforts of Individual People are the business planners and executors or trustees in the field of construction services performed by individual people who berkeahlian or berketerampilan a particular work; 14. Business entity is a business entity planners and/or trustees or executors in the field of construction services in the form of a legal entity or not in the form of a legal entity; 15. The certificate is evidence of the recognition in the determination of the classification and qualifications upon the competence and capabilities in the field of construction service business; 16. 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 its skills and expertise in the field of individual people working construction services according to scientific discipline and/or particular skills and/or expertise and/or functionality each; 17. 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/professions and expertise; 18. Description of domicile affidavits is the position of the law firms published by the local village chief/Head; 19. Business license construction services hereinafter abbreviated to IUJK is a permission to do business in the field of construction services, published by the Regents. CHAPTER II OBJECTIVE article 2 Purpose the regulation of this area are: 1. Ensure the alignment setting and coaching business construction services; 2. Supporting the realization of a healthy business climate; 3. Assurance of the reliability of the company; 4. Enhance formal protection against service users and public safety; 5. Support the enhancement of the efficiency of the use of resources in the development of physical infrastructure and facilities.

5 CHAPTER III SCOPE article 3 Scope settings in the regulation of this area include business classification construction services, organization of construction work, the failure of the building, licensing, construction and supervision. CHAPTER IV DIVISION of the CONSTRUCTION SERVICES BUSINESS CLASSIFICATION Part One General article 4 (1) type of business construction services include: a. the planning services; b. implementation of the service; and c. the service supervision. (2) line of business planning and construction supervision services consist of business which are General and specialist. (3) execution of the construction services business consists of businesses that are public, specialists and particular skill. Article 5 (1) the classification of business planning and construction supervision services include: a. architecture, architectural supervision business classifications include the subklasifikasi line of business watchdog contract administration; b. Engineering (engineering) is composed of subklasifikasi line of business watchdog Services: 1. building construction work; 2. Service Supervisor transportation civil engineering construction work; 3. supervisory Service construction jobs construction jobs civil engineering water; 4. Service Supervisor of the construction works and the installation of the work processes and industrial facilities. c. arrangement of space, the classification of areas supervisory service spatial consists of subklasifikasi line of business watchdog services and control of spatial. d. other consulting services. (2) classification of field implementation construction services businesses include: a. building; b. civil buildings; c. installation of mechanical and electrical; and d. other implementation services.

6 article 6 (1). The classification of businesses building construction implementation services include the subklasifikasi line of business: a. implementing Service building construction single occupancy and Koppel; b. implementing multi building construction Services or residential lot; c. services of implementing building construction warehouses and industries; d. implementing the commercial building construction Services; e. implementing building construction Services of public entertainment; f. implementing building construction services of hotels, restaurants and other similar buildings; g. Managing building construction Services education; h. implementing building construction Services. (2) classification of field service execution of civil construction, including the subklasifikasi line of business: a. implementing Service construction of waterways, ports and other water resource infrastructure; b. implementing Construction Services installation drinking water processing and waste water as well as drinking water treatment buildings and waste water as well as waste processing building; c. implementing highway construction Services (excluding highways), roads, railroads and airport runways d. pelakasana bridge construction Services, highways, tunnels and restaurants; e. implementing construction piping Services drinking water over long distances; f. implementing construction piping Services waste water long distances; g. managing construction piping Services oil and gas over long distances; h. Services implementing the local drinking water piping construction; i. Services implementing the local waste water piping construction; j. Jara implementing construction of local oil and gas piping; k. implementing building construction Services for outdoor sports stadium, and b. implementing building construction Services facilitation of indoor sports and recreational facilities. (3) classification of field service execution of construction installation of mechanical and electrical, including subklasifisikasi; a. implementing Service construction installation of air cooling (air conditioner), heating and ventilation; b. implementing construction Service water pipe installation (plumbing) in the building and its channels; c. implementing Services construction installation of gas pipes and buildings; d. implementing Services construction and insulation of buildings; e. implementing Services construction installation of elevator and stairs; f. implementing Services construction mining and manufacturing; g. Managing Services construction installation of thermal, power, oil, gas, geothermal (engineering work) h. Service implementing construction and transport tools installation tools adopted;


7 i. implementing construction piping Installation Services, gas and energy (engineering work) j. Services implementing construction installation production facilities, oil and gas storage (engineering work) k. Services implementing the construction of hydroelectric installations all power; b. implementing Services construction installation of hydroelectric power a maximum of 10 MW; d. implementing Construction Services of installation of new energy power plants and renewable. n. implementing Construction Services network installation high voltage electric power transmission/extra high voltage; o. Services implementing the construction of telecommunication transmission network installation and/or phone. p. Services implementing the construction of electric power distribution network installation of medium voltage; q. the Services implementing the construction of distribution network installation low voltage electricity network; r. Services implementing the construction of telecommunications distribution network installation and/or telephone; s. Services implementing the control system installation construction and Instrumentation; t. Services implementing the construction of electric power installation and a factory. (4) the classification of business services include implementation subklasifikasi field of endeavor: a. Services tenant tools construction and demolition of buildings or other civilian jobs with the operator; b. implementing the service Assembly and installation of construction prafabrikasi for building construction; c. services of implementing Assembly and installation of construction prafabrikasi for construction of roads and bridges and railroads; d. implementing Services assembling and installation of construction prafabrikasi construction of infrastructure for water sources, irrigation, Pier, port, persengaian, beaches and clean water treatment buildings, sewage and garbage (incinerator). Article 7 (1) Service service planning, implementation and supervision of the construction can be done in a fully integrated. (2) Business Services that can be performed are integrated as referred to in subsection (1) consists of: a. architecture (design and build); b. the planning, procurement and implementation of receipt so (engineering, procurement, and construction); c. Organization of work received so (turn-key project); and/or d. Organization of the work of the performance-based (performance based).

8 (3) service businesses that implemented integrated as intended in paragraph (1) may only be carried out by a business entity that is incorporated in law. Article 8 service planning, implementing and monitoring integrated conducted as referred to in article 4 paragraph (1), including the subklasifikasi line of business: a. integrated services for transport infrastructure; b. integrated services for construction of water distribution and sanitation work; c. integrated services for construction, manufacturing, and d. integrated services for kontrusksi oil and gas facilities. The second section of the Division of Field Services Business Subklasifikasi planning and supervision of Construction of article 9 (1) the classification of the business service architecture planning, as stipulated in article 5 clause (1) letters a subklasifikasi businesses include: a. Services advice and pre design architectural; b. architectural design services; c. feasibility assessment services and maintenance building; d. interior design services; and e. other architectural services. (2) the classification of businesses planning services engineering (engineering), as stipulated in article 5 paragraph (1) letter b include subklasifikasi business: a. Services advice and consultancy engineering; b. the engineering design services for the construction of the Foundation and the structure of the building; c. engineering design services for civil engineering work of water; d. engineering design services for civil engineering work of transport; e. engineering design services for mechanical and electrical work in the building; f. design services engineering for industrial processes and production; g. Services advice and consultancy engineering services construction; and h. other engineering design services. (3) the classification of businesses planning spatial services, as stipulated in article 5 clause (1) the letter c subklasifikasi businesses include: a. the planning and designing of urban services; b. the service planning area; c. Services planning and designing the building environment and landscape; and d. development services utilization of space.

9 Article 10 classification of business services other service consultant as stipulated in article 5 clause (1) the letter d include subklasifikasi business: a. environmental consultancy services; b. services consultancy estimated the value of land and buildings; c. management services building construction related projects; d. project management services related to construction jobs civil engineering transportation; e. project management services related to construction jobs in civil engineering keairan; f. project management services related to construction jobs in civil engineering; g. project management services related to construction jobs construction processes and industrial facilities; and h. project management services related to construction jobs traffic control system. Article 11 the classification of business planning and monitoring services is a specialist, as mentioned in article 4 paragraph (2) covers the subklasifikasi line of business: a. service maker prospectus geology and Geophysics; b. underground survey services; c. Services survey the ground surface; d. service cartographer; e. service testers and analysis of composition and purity; f. service testers and analysis of the physical parameters; g. service testers and analysis of mechanical and electrical systems; and h. the service technical inspection. Article 12 (1) line of business services implementation specialist construction as stipulated in article 4 paragraph (3) include the following: a. the work field investigations; b. demolition Work; c. Preparation and maturing and ripening of the land/site; d. work of the soil, minerals and heap; e. preparation work for mining; f. Employment of scaffolding; g. work of the Foundation including erection; h. Job drilling wells in groundwater; i. work of the roofing and waterproof (waterproofing) j. concrete Work; k. steel and installation Work, including welding; b. work of the stone; m. other specialized construction work; n. Work paving with a series of special equipment; o landscape/landscaping Jobs. and p. building maintenance Work.


10 (2) line of business services implementation of the construction of certain skills as referred to in article 4 paragraph (3) include the following: a. installation Work and glass window; b. the work of stucco; c. Work of the painting; d. work of the installation of ceramic tile floors and walls; e. Work in other flooring installation, wall coverings and installation of wallpaper; f. work of wood and wood and material connection or another; g. interior decoration and installation Work; h. installation Work ornament; i. the work of installation of gypsum; j. acoustic ceiling installation Work and k. installation of curtain wall. Chapter V ORGANIZATION of CONSTRUCTION WORKS Part One General Article 13 the Organization of construction work is mandatory beginning with the next planning stage is followed by the stage of implementation and its pengawasannya that each phase is implemented through activities of the preparation, manufacture, and termination. The second part of the scope of clause 14 of the planning phase the planning phase construction work includes the prastudi feasibility, feasibility study, public planning, and planning techniques. Article 15 (1) in the planning of construction work with high risk jobs must be done prastudi feasibility, feasibility study, public planning, and planning techniques. (2) in the planning of construction work by occupation risks being to do the feasibility study, public planning, and planning techniques. (3) in the planning of construction work with a small risk of job to be done planning techniques. Article 16 (1) the planning of construction work referred to in Article 15 mandatory supported with the availability of the field, documents, facilities, and equipment as well as the construction labor each tailored to the activities of the planning stages.

11 (2) the service provider is obligated to submit the results of the work of the planning that includes the results of the stages of the work, delivery of the first results, and the results of the final delivery appropriately proper costs, quality, and on time. (3) the user is obliged to carry out the services payment for the submission of the results of the work of service providers exactly the amount and on time. The third stage of Implementation With Pengawasannya article 17 (1) the scope of the implementation stage with the supervision of the construction works include the physical implementation, supervision, testing, and delivery of the final outcome of the work. (2) the implementation and its supervision of construction work carried out on the basis of the results of the planning techniques referred to in Article 15. (3) Implementation with scrutiny referred to in paragraph (1) and paragraph (2), implemented through the preparation, manufacture, and termination. Article 18 (1) of the implementation with the supervision of construction work referred to in article 17 should be supported by the availability of court, documents, facilities, equipment, and labor and construction materials/building components, each tailored to the activity stages of implementation and supervision. (2) the service provider is obligated to submit the results of job execution and supervision that includes the results of the stages of the work, delivery of the first results and the results of the final delivery appropriately proper costs, quality, and on time. (3) the user is obliged to carry out the services payment for the submission of the results of the implementation of the work along with the supervision of the proper amount and on time. (4) for a particular job trials required or authorized by the relevant authorities in accordance with the legislation in force. The fourth part of the standard, environmental, employment, and the Environment article 19 (1) to ensure the orderly conduct of the realization of construction works, the organizer of the construction work meets the mandatory provisions of: 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 applicable legislation;

12 c. social protection of labor in the implementation of the construction works in accordance with the applicable legislation; d. local environmental governance and environmental management in accordance with the legislation in force. (2) Environmental Conditions as referred to in paragraph (1) letter a is regulated by the Technical Secretary is concerned. (3) provision of guidance and control of safety and health at work place construction activities organized further by the Minister together with the related technical Ministers. The fifth part Failure Failure article 20 construction jobs construction work is the State of the results of construction work not in accordance with the specifications of the work as agreed in the contract of construction work either in part or whole as a result of user error or service provider. Article 21 (1) a construction Planner is free from the obligation to replace or repair the failure of construction work referred to in article 20 that caused an error the user services, construction, and commissioning the construction supervisor. (2) Implementing construction are free from the obligation to replace or repair the failure of construction work referred to in article 20 that caused the fault service users, planners, construction and construction supervisor. (3) the supervisor of the construction are free from the obligation to replace or repair the failure of construction work referred to in article 20 that caused the fault service users, planners, construction and commissioning of construction. (4) the service provider is obligated to replace or repair the failure of construction work referred to in article 20 that caused the error provider at his own expense. Section 22 regional government authorities to take certain actions when the failure of the construction work resulted in the loss and/or disruption of public safety. CHAPTER VI FAILURE of BUILDINGS Part I General Article 11 Failure of the building is the State of the buildings that do not work, either in whole or in part from the technical point of view, benefit, safety and health work, and/or public safety as a result of the error provider and/or service users after submission of the end of the construction work.


13 the second part a period of liability section 24 (1) a period of accountability over the failure of the building is determined in accordance with the age of the construction which was planned with a maximum of 10 years since the submission of the end of the construction work. (2) the determination of the age of planned construction must be clearly and expressly stated in planning documents, as well as agreed in the employment contract of the construction. (3) the period of liability over the failure of the building should be stated clearly in the employment contract of the construction. The third part of building Failure Assessment of article 25 (1) the failure of a building is assessed and determined by one or more assessors and professional experts who are competent in their field and are independent and able to pass judgement objectively, which is to be set up within at the latest 1 (one) months from the receipt of the report on the occurrence of the failure of the buildings. (2) expert Assessment as referred to in subsection (1) is selected, and agreed jointly by the service providers and service users. (3) Government authorities to take certain actions when building failure resulting in loss and/or cause interference on public safety, including giving an opinion in the appointment, the assessment process and the work of expert appraisers established and agreed upon by the parties. Article 26 (1) expert Assessment as stipulated in article 25 paragraph (1) must have a certificate of expertise and is registered at the Agency. (2) a qualifying institution which issued the certificate credentials expertise should be nationally accredited. Article 27 (1) expert Assessment, duty to, among others: a. establish the causes of the occurrence of the failure of the building; b. assign not functioning of part or whole of the building; c. specify the party responsible for the failure of the building as well as the level and nature of mistake done; d. specify the magnitude of the loss, as well as the proposals of the magnitude of the damages to be paid by the party or parties who make mistakes; e. assign a payment period of losses. (2) expert Assessment shall be obliged to report on the results of assessment to the party that appointed him and convey to the institutions and agencies that issued the permit to build, at least 3 (three) months after doing their job.

14 Article 28 expert Assessor is authorized to: a. contact the parties concerned, to obtain the necessary information; b. obtain the required data; c. perform the required testing; d. Enter the location of the place of occurrence of the failure of the buildings. The fourth part of the Obligations and responsibilities of Providers of article 29 (1) as the basis for the determination of the period of responsibility, compulsory construction planners States clearly and unequivocally about the age of the planned construction, in planning documents and documents of auction, complete with explanation; (2) in the event of failure of the building caused by the fault of construction planners, then construction Planner is only liable for damages as a result of that planning is not yet/not modified; (3) in the event of failure of the building caused by implementing construction errors, then the responsibility in the form of compensation and sanctions can be imposed on individual efforts and/or implementing business entity signing construction contracts construction work; (4) in the event of failure of the building caused by a construction supervisor, then the responsibility in the form of sanctions and punitive damages could be imposed on individual efforts and/or business entity signing employment contract construction supervisor of construction. Article 30 (1) construction services providers are required to keep and maintain the document implementation of construction that can be used as a means of proof, when the building's failure occurred; (2) the length of time save and keep the document implementation of the construction is in accordance with the period of coverage, with a maximum coverage during the long 10 (ten) years from the delivery of the end results of construction work. Article 31 Liability in the form of sanctions and/or administrative profession can be imposed on those individuals and/or entities signing business contracts construction work. Article 32 Sub efforts shaped the service provider an individual and/or business entity expressed related to the occurrence of the failure of a building liable to major service providers.

15 Article 33 (1) When planning document as a physical form other than the result of construction works was not immediately implemented, then it is a failure of other forms of work of this construction is the State when the planning document is used as a reference for construction work led to the failure of the building because of the generous planning. (2) in the event such as referred to in paragraph (1), then it is the responsibility of the construction planners, in terms of planning documents were not immediately implemented remains limited to the planned construction of the age with a maximum of 10 (ten) years counted since the submission of the planning document. The fifth part of the Obligations and responsibilities of the User Services Section 34 (1) the user is obliged to report the occurrence of failure of the service building and the actions being taken to the Minister or the authorized agencies and institutions; (2) the user of the service responsible for the failure of the building caused by the fault of the user services. The sixth part of the Indemnity in the event of Failure of the building Article 35 (1) the implementation of compensation in the event of failure of the building can do with third party coverage or the mechanism of insurance, provided that: a. the terms and period as well as the value of the coverage are defined on the basis of the agreement; b. the premium paid by each party, and the cost of premiums be dependents the provider becomes part of the elements of the cost of the construction work. (2) in case of service users are not willing to enter the cost of the premium referred to in subsection (1) letter b, then the risk of failure of the building became the responsibility of the user of the service. (3) further Provisions regarding the coverage/insurance is regulated by the relevant authorities in the field of insurance. Article 36 the determination of the magnitude of the losses by the expert evaluator referred to in article 27 paragraph (1) letter d, be final and binding. Article 37 (1) expert assessment Costs become burden of parties or parties who made a mistake. (2) during the expert appraisers do its job, then the service users bear the financing introduction.


16 CHAPTER VII LICENSING Article 38 (1) a business entity or individual person who conducts construction business required to have IUJK; (2) to obtain IUJK as referred to in paragraph (1), must apply in writing to the Regent; (3) the Regent can bestow authority publishing technical officer IUJK wing. Article 39 (1) IUJK valid for 3 (three) years and can be extended; (2) the application for an extension referred to in paragraph (1) be filed no later than four (4) weeks prior to the expiration IUJK; (3) If the application for renewal is filed after the expiration of IUJK IUJK up, then it should apply the new IUJK. Article 40 (1) the applicant must show evidence of authentic IUJK that shows: a. the name and address of the applicant; b. scope of the construction work was able to be undertaken; c. proof of ownership and value of the business assets; d. number of employees or workers; e. history and experience of carrying out construction work. (2) further technical Provisions referred to in paragraph (1) letter a, letter b, letter c, letter d and the letter e, is governed by the rules of Regent. Article 41 (1) to obtain IUJK as referred to in article 38, the applicant filed a petition in writing to the designated official of the Regent through; (2) Ordinance IUJK application filing is as follows: a. the applicant apply by filling out the form provided; b. the form that has been filled in and accompanied by requirements submitted to the Regents through the designated officials; c. the Regent or the designated officer to submit the form along with its furnishings to the technical team; d. review of the field and administration is done by checking the technical team; e. results of the review of the field and checking of the Administration in the form of recommendations submitted to the Governors or officials appointed.

17 Article 42 further Provisions regarding the procedures for obtaining IUJK and forms forms to be owned and equipped as well as the procedures for the issuance of IUJK is set by regulation Regent. Article 43 Any business entity that is applying for IUJK must complete the requirements of at least the following: a. the establishment of a business entity and a photocopy of certificate changes (specifically for applicants incorporated law); b. photocopy of letter business entity (SBU) is still valid, who had legalised and given recommendations by the Association and/or institution; c. photocopying Principal Taxpayers Number (NPWP); d. photocopies of NRIC of Directors/leadership of a business entity; e. the company domicile affidavits; f. technical personnel list of companies that match the field his work by attaching a photocopy of ID CARD and diploma; latest photo g. Director/leadership of the business entity as much as three (3) sheets, size 3X4, color. h. photo copy card association members. Article 44 (1) the obligation of the holder of the IUJK business entities: a. comply with the stipulations specified or listed in IUJK; b. guarantee and are responsible for the quality of the results of the work of the technical terms and conditions are appropriate; c. running his business in accordance with the norms and governance business construction services; d. comply with the regulations regarding labour, business activities, security, safety and environmental sustainability; e. reporting data changes domicile, classification and qualifications, business entity or individual efforts; (2) a business entity or individual person who violates the provisions as referred to in paragraph (1) administrative penalties in the form of: a. a written warning; b. temporary suspension of construction work; c. restrictions on business activities; d. the freezing of business license; e. revocation effort.

18 Article 45 (1) every business entity or individual efforts to acquire permission is forbidden to lend and/or divert permission to another party in any form; (2) violation of the provisions referred to in paragraph (1) administrative penalties in the form of: a. a written warning; b. temporary suspension of construction work; c. restrictions on business activities; d. the freezing of business license; e. revocation effort. CHAPTER VIII COACHING and SUPERVISION Article 46 coaching and supervision against the efforts of construction services carried out by the local government which aims to: a. ensure the quality of work produced in accordance with the standards set forth so as to materialize the building standards nationwide; b. enhancing the effectiveness and efficiency of business productivity in the field including the building so that it can realize the business activities of a truly professional; c. ensure the creation of management of natural resources and the environment are harmonious, balanced and sustainable; d. periodically and random technical team can do the quality test results of the work of service providers over the work that has been carried out; e. the work of the quality test results on the letter d was made the assessment materials in consideration of provider eligibility review process next year; f. quality test procedures as stated on the letter e, technically operational will be further regulated by regulation of Regent. Article 47 (1) coaching and supervision against the efforts of construction services operating technically done through Regional Secretary by Regent or officer/work units appointed; (2) the construction and the supervision referred to in subsection (1) is done through monitoring and evaluation reports periodically from the company or from other sources. Article 48 further Provisions regarding the procedures for guidance and supervision as referred to in article 46 are set by regulation Regent.


19 CHAPTER IX CONDITIONS INVESTIGATION of article 49 (1) Investigation over the criminal act of violation of the regulations in this Area, conducted by the Investigators of regional civil servants; (2) the investigator as referred to in paragraph (1), obtain authority to: a. receive, seek, collect and examine information or reports, with regard to criminal acts so that such reports or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with a criminal offence; c. requesting information and evidence from a private person or entity with respect to any criminal offence; d. examine the books, records and other documents as well as spoorweg evidence; e. conducting the search to obtain evidence bookkeeping, record keeping, and other documents as well as spoorweg baahn this evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation is a criminal offence; g. sent stop and/or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of the person and/or documents taken as stated on the letter c; h. photographing someone related to the criminal offence; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; k. perform other actions that are necessary for a smooth investigation is a criminal offence according to the law which can be accounted for. (3) the investigator as referred to in paragraph (1), notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor of the Republic State Police Officials through Indonesia. CHAPTER X CRIMINAL PROVISIONS article 50 (1) the business entity or individual person who violates the provisions of article 38 paragraph (1) is subject to criminal confinement of not longer than 6 (six) months or a maximum fine of Rp 50 million (fifty million rupiah);

20 (2) of the criminal act referred to in subsection (1) constitutes a criminal offence infringement. CHAPTER XI miscellaneous PROVISIONS Article 51 construction service business license which has been issued before the enactment of the regulations in this Area remain in force until the period of the permit expires. CHAPTER XII CLOSING PROVISIONS Article 52 at the time of this Regional Regulation entered into force, the regulation region of Banyuwangi Regency number 8 in 2009 about the Construction Services business license, revoked and declared inapplicable. Article 53 of regulation of 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 Banyuwangi Regency. Set in Banyuwangi on 3 December 2012 the REGENT of BANYUWANGI, ttd h. ABDULLAH AZWAR ANAS Enacted in Banyuwangi on 30 January 2013 REGIONAL SECRETARY of BANYUWANGI REGENCY, ttd Drs. h. SLAMET KARIYONO, M.Si. The main Builder of the young NIP 19561008 198409 1 001 SHEET REGION of BANYUWANGI REGENCY 2013 number 5 corresponds to the original, a.n. Banyuwangi Regency Secretary Administrative Assistant u.b. Head Of Legal Department, YUDI PRAMONO, S.H., M. Hum. The Builder NIP 19571107 198003 1 006 21 EXPLANATION for BANYUWANGI AREA REGULATION number 12 in 2012 ABOUT BUSINESS LICENSE CONSTRUCTION SERVICE i. GENERAL EXPLANATION of construction services have a strategic role in national development and increasingly gained attention at various levels of society, as seen the greater amount of business entities engaged in the field of construction services. An increasing number of companies are apparently has not been offset by an increase in quality and performance, so that needs to be done well coaching 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 of the businesses achieve an orderly construction services are visible in the orderly conduct of the orderly harvesting and construction work. In line with the ever increasing demands of society towards progress, the quality of the results as well as the orderly implementation of construction services, has led the qualification demands consequences service providers and users of construction services which have a high competence. In addition the world economic governance have opened up opportunities for international economic cooperation relations that are increasingly open and provide a wider opportunity for national construction services businesses. Intents and purposes local regulations about this construction service business license, is to provide guidelines for Governments Banyuwangi in the issuance of business license construction services in order to protect the interests of society and the construction of Community field construction services, so as to materialize the orderly conduct of the construction which ensures the equality of position between service users and service providers in rights and obligations, enhance compliance with provisions/regulations , as well as realizing the increased participation of the community in the field of construction services. II. description the SAKE ARTICLE ARTICLE article 1 s/d 53 clear enough === === === === === === === === === === ===

Related Laws