Local Regulations No. 12 In 2012

Original Language Title: Peraturan Daerah Nomor 12 Tahun 2012

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GAZETTE year 2012 SUKABUMI AREA number 12 of the REGULATION REGION of SUKABUMI date: 20 July 2012 year 2012:12 NUMBER of CONSTRUCTION SERVICE BUSINESS LICENSE: Secretariat of the legal area of Sukabumi City 2012 REGION of SUKABUMI SHEET NUMBER 12 2012 SUKABUMI AREA RULE number 12 of the year 2012: CONSTRUCTION SERVICES BUSINESS LICENSE with the GRACE of GOD ALMIGHTY the MAYOR of SUKABUMI, Weigh that: a. under article 14 paragraph (1) the Government Regulation Number 28 in 2000 about the efforts and role of Community construction and Services to further optimize the construction, arrangement and service construction services, business activities, then the Regulation region of Sukabumi number 4 in 2002 about the Construction Services business license will need to be adjusted again; b. that based on considerations as referred to in letter a as well as to legal certainty, then the need to reshape the regulatory Areas of the construction Services business license; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. The legislation. ... ...-2-2. Act No. 17 of 1950 on the establishment of areas of small towns in East Java province Environment, Central Java and West Java (Republic Indonesia on 14 August 1950) as amended by Act No. 13 of 1954 about Modifying Act No. 16 and 17 State Gazette of the Republic of Indonesia Number 40 of 1954, an additional Sheet of the Republic of Indonesia Number 551); 3. Act No. 18 of 1999 about construction services (State Gazette of the Republic of Indonesia Number 54 in 1999, an additional Sheet of the Republic of Indonesia Number 3794); 4. Act No. 28 of 1999 regarding the Organization of a country that is clean and free of corruption, collusion, and Nepotism (State Gazette of the Republic of Indonesia Number 75 in 1999, an additional Sheet of the Republic of Indonesia Number 3581); 5. Act No. 28 of 2002 on Building (State Gazette of the Republic of Indonesia Number 134 in 2002, an additional Sheet of the Republic of Indonesia Number 4247); 6. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as 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); 7. Law.......-3-7. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 82 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 8. Government Regulation Number 28 in 2000 about the efforts and roles 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 4099), as last amended by regulation of the Government Number 92 in 2010 about the second amendment Over Government Regulation Number 28 in 2000 about the efforts and roles of the construction services Society (State Gazette of the Republic of Indonesia year 2010 Number 157); 9. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia year 2000 Number 64, Supplement Sheet country 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); 10. 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); 11. Government Regulation Number 36 in 2005 about the Regulations Implementing Act No. 28 of 2002 on Building (State Gazette of the Republic of Indonesia Number 83 in 2005, an additional Sheet of the Republic of Indonesia Number 4532); 12. the regulation of the ... ...-4-12. Government Regulation Number 79 in 2005 about Coaching Guidelines and oversight of the inaugural regional Governments (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 13. Presidential regulation Number 54 in 2010 about Government procurement of goods/services as amended by presidential regulation Number 35 year 2011 about changes to the presidential regulation Number 54 in 2010 about Government procurement of goods/services; 14. Regulation of Sukabumi Area number 3 in 2005 on Investigating civil servant area (Sheet 2005 Sukabumi Area number 2 E-1 Series); 15. Regulation of Sukabumi Area number 2 in 2008 about the Affairs of the Government of the town of Sukabumi (Sukabumi Area Slabs in 2008 number 2); 16. Local regulations Sukabumi number 6 in 2008 about the formation and Organization of the device area of Sukabumi (Sukabumi Area Slabs in 2008 number 6); 17. Regulation No. 9 Sukabumi Region in 2012 about Building (area of Sukabumi Sheet year 2012 No. 32); With a. .. ....-5-with the approval of the joint HOUSE of REPRESENTATIVES and Mayor of SUKABUMI AREA of SUKABUMI 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 Sukabumi. 2. Local governance is conducting the Affairs of Government by local governments and the REPRESENTATIVES according to the principle of autonomy and pembantuan with the principle of the autonomy of the widest breadth of in-system and the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 3. Local Government is the Mayor and the Region as organizer of local governance. 4. The head of a Region is the Mayor of Sukabumi. 5. Office of ... ....


- 6 - 5. Public works hereinafter referred to Office of PU is a public works or a work Unit Sukabumi Area Devices (SKPD) wing construction services. 6. The Office is the Office of capital investment and service Integrated Sukabumi or SEGWAY wing permissions. 7. Head Office the Head Office of capital investment and service Integrated Sukabumi SEGWAY wing or head of Licensing. 8. Business entity is a business entity in the form of a limited liability company (PT), cooperatives, or is not a legal entity, among others, the firm Cv. 9. Construction Services is planning consultancy services construction work, construction work implementation services, consulting services and the supervision of construction work. 10. Construction Services Business is business planning consulting services in construction work, construction work implementation services, consulting services and the supervision of construction work. 11. Business entity construction services hereinafter abbreviated to BUJK is a business entity that its business activities in the field of construction services. 12. Business license construction services hereinafter abbreviated to IUJK is a permission that is required for a private person or business which organizes the BUJK construction services on the whole territory of the Republic of Indonesia granted by local governments or Officials appointed in place of domisilinya. 13. The work of the ... ...-7-13. Construction work is a whole or part of a series of planning activities and/or implementation along with the supervision of the architectural work, which includes civil, mechanical, electrical, environmental and governance respectively along with its furnishings, to realize a building or other physical form. 14. Construction Planner is a provider of individual people or BUJK stated experts and professionals in the field of construction services planning capable of embodying the work in the form of building planning documents or other physical form. 15. Implementing Construction is a provider of individual people or BUJK stated experts and professionals in the field of implementation of construction services that are able to organize its activities to realize an outcome of planning be a form of a building or other physical. 16. Supervisor of construction was BUJK people or services provider stated expert/professional supervision in the field of construction services that are able to carry out the work of supervision since the beginning of the execution of the construction work until completion and the title. 17. Service users is a private person or body as the giver of the task or job/project owner requiring construction services. 18. the Provider is a person, the individual or entity that its business activities provides construction services. 19. the Domicile ... ...-8-19. Domicile is the place of establishment and/or seat/address of business entity that remain in conducting business activities of construction services. 20. 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; b. proof of recognition of competence and ability of the profession or job skills and job skills of people in the field of individual construction according to scientific discipline and/or specific skills and/or specific functionality and/or specific expertise; c. certificate of business entities, hereinafter SBU; d. certificate of Expertise, hereinafter called SKA; e. Skills Certificate, hereinafter called SKT. 21. The classification is part of registration activities to establish its business in the field of construction services according to the areas and sub areas of construction service job or profession its skills and expertise in the field of individual people working construction services according to scientific discipline and/or specific skills and/or specific functionality and/or their respective expertise. 22. Qualifications ... ....-9-22. Qualification is part of the activities of the registration to establish classifications of effort in the field of construction service according to the level of competence and skill depth/effort, or classifications of the profession skills and expertise of individual people working in the field of construction service according to the level of competence and skill depth/profession and expertise. 23. The construction is setting activities, empowerment, and supervision conducted local governments for service providers and service users. 24. The Institute is the development of construction services in accordance with Commission regulations. CHAPTER II BASIC, intent, and the PURPOSE of article 2 grant of IUJK based on the principle of honesty and fairness, benefit, harmony, balance, independence, openness, partnership, security, and safety for the benefit of the community, nation, and State. Article 3 grant of IUJK Intent is to give permission to those individuals or BUJK who organizes the efforts of construction services in the area. Article 4 ... ... ... ... ....

-10-article 4 the purpose of the grant of IUJK is: a. ensure the alignment setting and coaching Business construction services; b. support the attainment of a more healthy business climate; c. reliability assurance company; d. protect the interests of the community and coaching in the field of construction services. e. support the enhancement of the efficiency and effectiveness of the use of resources in the development of physical infrastructure and facilities. CHAPTER III CONSTRUCTION SERVICE BUSINESS article 5 (1) construction services Businesses include: a. type of business; b. business form; and c. a construction business. (2) line of business construction services consist of business planning implementation effort of construction, construction, and construction supervision business that each carried out by construction planners, implementers, and construction supervisor of construction. (3) services of planning, implementation, services and construction supervision services as referred to in paragraph (2) may be made in integrated. (4) the form of a. .. ....


– 11-(4) form of business construction services as referred to in paragraph (1) letter b include individual efforts and BUJK. (5) the scope of work includes the construction of architectural work and/or civil disobedience and/or mechanical and/or electrical and/or environmental governance, each with its furnishings. Article 6 (1) to be able to carry out construction jobs Construction Planners, Implementers, and Construction Supervisors of construction required to have Body-shaped 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 BUJK. CHAPTER IV BUSINESS LICENSE CONSTRUCTION SERVICES is considered part of the general principle of Publishing IUJK publishing implementation Principle article 7 IUJK: a. put forward excellent service; b. reflect professionalism; c. subsequent coaching efforts of construction services. Article 8 ... ....-12-article 8 (1) the head of a Region through the Head Office published IUJK to BUJK who have met the requirements. (2) IUJK published to BUJK, a company based in the area. (3) IUJK published in the form of a certificate. (4) the mandatory report responsible Office-best IUJK periodically every 3 (three) months to the head area. (5) IUJK as referred to in subsection (2) applies to carry out the business activities of construction services on the whole territory of the Republic of Indonesia. Article 9 (1) the Office publishes in the IUJK referred to in article 8 paragraph (1) on the recommendation of the Chairman of the Team Builder or appointed by the Chairman of the Team Builder construction services. (2) a Team Builder as mentioned in subsection (1) is designated by the head of the region. Article 10 (1) the recommendations referred to in article 9 paragraph (1) may be given to the BUJK of at least fulfill the criteria: a. certificate of business entity (SBU), certificate of expertise (SKA), and/or the certificate of skills (SKT) that BUJK is published in accordance with the provisions of the legislation; b. location of the ... ...-13-b. BUJK office location in accordance with the certificate of residency; c. BUJK in question are not being affected by sanctions; and d. BUJK in question are not being entered into the black list. (2) in giving recommendations, the regional public works field can verify in advance when needed. The second part of application for Service IUJK article 11 (1) Office provides the service of publishing IUJK based on application in writing from BUJK. (2) type of application referred to in subsection (1) include the following: a. petition for new IUJK; b. extension of the IUJK; c. change data; and/or d. IUJK closure. (3) the publishing process IUJK carried out the longest 10 (ten) working days after the document requirements stated. Section ... .....-14-the third part 1 Paragraph BUJK Requirements Requirements of article 12 (1) BUJK which apply IUJK in charge of the Engineering required to have business entity (PJT-BU). (2) the PJT-BU as referred to in paragraph (1) mandatory SKA and/or SKT in accordance with classification and Qualification of construction labor. (3) the PJT-BU as referred to in paragraph (1) required to have a card in charge of engineering granted by the Office. (4) Power Engineering and/or expertise 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 of the same (5) the provisions on the terms of the plea IUJK in charge cards and techniques referred to in Article 11 and 12 and subsection (1) is designated by the regulations or under the head of the region. Article 13 (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 the Head Office of BUJK. (2) BUJK ... ... ... ... ....

-15-(2) BUJK with the status of a branch or a representative must have the IUJK record has been legalized by the Agencies in the region BUJK IUJK Giver parent are domiciled. Paragraph 2 requirements of Individual People articles 14 (1) a compulsory individual efforts has a SKA/SKT, the list of companies (TDP) and is registered with the Office. (2) individual efforts as intended in paragraph (1) is given a Card list of individual efforts. (3) a description of the requirement application Card List Individual Efforts as mentioned in subsection (2) or on the basis of the rules established with the head Area. The fourth part the validity of the Document of article 15 (1) Office in the process of publishing the IUJK doing the examination of original documents of application for BUJK. (2) the Office can verify the field to ensure the validity of the application documents referred to in paragraph BUJK (1). Section ... .....-16-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 follows the process of procurement of goods/services. Chapter V RIGHTS and OBLIGATIONS article 17 IUJK have the right Holder: a. follow the process of procurement of construction services; b. get coaching from local governments. Article 18 (1) the holder of a compulsory IUJK meets the provisions of the: a. environmental requirements which include public safety, building construction, and the quality of the equipment complies with the applicable standards; b. Security ... ....


-17-b. Security, safety and health work in accordance with the regulations; c. social security work force in the execution of the construction work in accordance with the regulations; d. local environmental governance and environmental management in accordance with the legislation. (2) the holder of a compulsory IUJK of carrying out construction work appropriately, quality, cost and time. (3) the holder IUJK with businesses Implementing construction and Construction Supervisor is obligated to produce construction products according to specifications and designs in the contract as well as the environmental conditions it refers to. (4) the holder IUJK with line of Business Planner mandatory Construction produce the appropriate product design construction contracts and environmental conditions referring to. (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 the individual in writing within fourteen (14) working days after the occurrence of a change of data; b. end of year report submitted to the Office at the latest in December of the current year; c. install a nameplate company listing number IUJK in place of BUJK people. CHAPTER VI ... ... ... ... ....

CHAPTER VI-18-EMPOWERMENT and SUPERVISION article 19 the head of the Region through the regional and Head Office Secretary do Empowerment and supervision against the grant of a IUJK by: a. providing guidance on legislation 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 e. carry out oversight to satisfy the orderly conduct of the utilization and orderly construction services. Article 20 (1) Empowerment and supervision as referred to in article 19 are conducted through monitoring and evaluation reports periodically from the direction BUJK or data from other sources are concerned. (2) the empowerment of the Ordinance referred to in article 19 is designated by the head of the region. Chapter 21 .... ...-19-article 21 (1) the head of a Region through the Head Offices 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 head of the Region through the Head Office made a guideline as reference for conducting surveillance. (3) the head of a Region through the Head Office can do an evaluation of the correctness of data provided in 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 head of a Region through the Head Office can conduct inspections of 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. Section 22 (1) BUJK mandatory reporting of performance and/or the business activities of construction services to the Office to do the monitoring. (2) the provisions of the monitoring of the quality and performance of the company following the norms and regulations in force. (3) the reporting period referred to in subsection (1) is determined by the head office. CHAPTER VII ... ....-20-CHAPTER VII INFORMATION SYSTEM Article 23 the Office can do service IUJK data input into the information system construction services. CHAPTER VIII ADMINISTRATIVE SANCTIONS section 24 (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 of trying on a business entity; 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 a business entity. (2) the imposition of sanctions against BUJK as referred to in subsection (1) must be announced to the general public including through information system construction service and/or the Bulletin Board in the Office. Article 25 violation of the requirements specified in the form of a written warning is penalized. Article ... ....-21-article 26 BUJK freezing IUJK be penalized when: a. ignore the warning in writing as set forth in article 25 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 6 paragraph (3), article 12 paragraph (1) and paragraph (4), and article 18 paragraph (1) letter a to letter c and subsection (2) until subsection (4); or c. enters into the black list. Article 27 IUJK freezing Mechanisms referred to in Article 26 as follows: a. certificate of IUJK of BUJK dropped sanctions freezing drawn by the Office; and b. the Office published IUJK the freezing of affidavits. Article 28 BUJK IUJK lifting of sanctions would be imposed if: a. it has been exposed to freezing IUJK sanctions as much as 2 (two) times; b. acquiring IUJK freezing sanctions as stipulated in article 26 but still carry out the work; or c. has been proven to cause failure of construction and/or failure of the building. Article .... ...-22-article 29 (1) for the individual person who does business in violation of the provisions of article 14 paragraph (1) be penalized a maximum fine of Idr 5,000,000.00 (five million rupiah). (2) a fine referred to in subsection (1) constitutes acceptance of the region. Article 30 of the frozen IUJK can be put in place back when it meets the following criteria: a. the business entity had heeded the warning strike and carry out its obligations in accordance with the provisions in force; b. to Corporately found not proven economic criminal acts in accordance with the decision of the courts that have the force of law. Article 31 enforcement Mechanism back IUJK referred to in article 30 shall be as follows: a. the business entity applying for the enforcement of return IUJK in writing along with the evidence necessary to the fulfillment of obligations of the Office; b. the Office checking files petition and verifying field when perceived need; c. when ... ....


-23-c. file the petition when the evidence along with the fulfillment of obligations is declared viable, the Office can provide letters of enforcement of return IUJK; d. the Office can give back the certificate IUJK to the BUJK of the applicant; and e. the Office announced to the general public including through information system construction service and/or the Bulletin Board in the Office. CHAPTER IX TRANSITIONAL PROVISIONS Article 32 (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 case of SKA, SKT, and/or Affidavits Empowerment PJT-BU has not been sufficient in the area, can be used: a. the certificate of education and training with material construction management issued by the institution/institutions of training and education with a validity period of not longer than 2 (two) years; or b. a temporary Certificate issued by the head of department concerned stating the PU competent as PJT-BU with a validity period of not longer than 2 (two) years. (3) on a. .. ....-24-(3) at the time the regulation of this area comes into force, the provisions governing the service of construction stated remains valid along not opposed and/or have not changed based on local regulations. CHAPTER X PROVISIONS COVER Article 33 of the regulation implementation of local regulations this set the longest one (1) year as of since this Area Regulations enacted. Article 34 at the time of this Regional Regulation came into force, Regulation No. 4 Sukabumi Region in 2002 about the Construction business license (Sheet 2002 Sukabumi Area number 5 series B-2) revoked and declared inapplicable. Article 35 of the 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 Sukabumi. Set ... ....-25-Set in Sukabumi on July 20, 2012 MAYOR of SUKABUMI, URcap.ttd. TINA. MUSLIKH ABDUSSYUKUR Enacted in Sukabumi on July 20, 2012 SECRETARY SUKABUMI, cap. TTD. H. M. N. HANAFIE ZAIN PEMBINA UTAMA MUDA NIP. 19580518 198503 1 009 SUKABUMI AREA SLABS in 2012 number 12

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