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Local Regulations No. 8 Of 2010

Original Language Title: Peraturan Daerah Nomor 8 Tahun 2010

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SALUE

NUMBER 5/E, 2010

POOR CITY COUNTY REGULATION

NUMBER 8 IN 2010

ABOUT

HOSTING THE INDUSTRIAL AND TRADING BUSINESS

WITH GRACE GOD ALMIGHTY

POOR MAYOR,

Draw: a. that industry and trade efforts are critical

in order to increase the economic growth of the region

in order to increase the life rate and the welfare of the community;

b. that industry and trade developments in the area need

set up with regard to the capabilities of venture capital, climate

venture and investment as well as the environmental sustainability;

c. that under the provisions of Article 3 of the President ' s Regulation

No. 112 of 2007 on Structuring And Market Coaching

Traditional, Shopping Centers and Modern Stores, needs

adjusting Poor City Regional Regulation Number 12

In 2001 on Effort and Motion Settings

Retribution in Industrial and Trade Fields as

has been amended by Malang City Area Rule No. 11

Year 2007;

d. that based on consideration as specified in

the letter a, the letter b and the letter c, need to form the Regulations

The area regarding the Industry Effort and

Trade;

Given: 1. Law No. 16 of 1950 on the Establishment

Large City Areas in the Propinsi environment of Java-

East, Jawa-Midwest, Jawa-Barat and Special Areas

Yogyakarta as amended by the Act

Number 13 In 1954 (Indonesian Republic Of Indonesia

In 1954 Number 40, Additional Gazette Republic Of The Republic

Indonesia Number 551);

2

2. Law No. 8 of 1981 on the Law of Events

Criminal (Gazette of the Republic of Indonesia in 1981

number 76, Additional Gazette of the Republic of Indonesia

Number 3209);

3. Act Number 3 Of 1982 On Mandatory Lists

Companies (Republic Of The Republic Of Indonesia In 1982

Number 7, Additional Gazette Republic Of Indonesia

Number 3214);

4. Law No. 5 of 1984 on Industry

(Gazette of the Republic of Indonesia in 1984 No. 22,

Additional Gazette Republic of Indonesia

Number 3274);

5. Law No. 1 of 1995 on Perseroan

Limited (State Sheet of Indonesia In 1995

Number 13, Additional Sheet of the Republic of Indonesia

Number 3587);

6. Law No. 5 Year 1999 on Prohibition

Monopoly Practice and Competition Unauthorised (Sheet

state of the Republic of Indonesia of 1999 No. 33, additional

sheet of state of the Republic of Indonesia Number 3817);

7. Law No. 8 of 1999 on Protection

Consumer (State Gazette of the Republic of Indonesia in 1999

No. 42, Additional Gazette of the Republic of Indonesia

No. 3821);

8. Law No. 28 of 1999 on

The Clean and Free State of Corruption,

Kolusi and Nepotism (Sheet State Of The Republic Of Indonesia

In 1999 Number 75, Additional Republican Sheet

Indonesia Number 3846);

9. Law Number 10 Year 2004 on Establishment

Regulation (Republican Gazette

Indonesia In 2004 Number 53, Extra State Sheet

Republic Indonesia Number 4389);

3

10. Law No. 32 Year 2004 on Governance

Regions (State Gazette of Indonesia 2004

Number 125, Additional Gazette Republic of Indonesia

Number 4437) as amended the second time with

Act No. 12 of 2008 (State Gazette

Republic of Indonesia 2008 No. 59, Supplement

sheet of state of the Republic of Indonesia Number 4844);

11. Law Number 25 Year 2007 on Planting

Capital (State Sheet Of Republic Of Indonesia In 2007

Number 67, Additional Sheet Republic Of Indonesia

Number 4724);

12. Law No. 32 Year 2009 on Protection

and Environmental Management (state Sheet

Republic Indonesia Year 2009 Number 140, Extra

Page Of State Of Republic Indonesia Number 5059);

13. Government Regulation No. 27 of 1983 on

Implementation of Law No. 8 Year 1981 on

Law of Criminal Events (State Sheet of the Republic of Indonesia

1983 Number 36, Extra Gazette Republican State

Indonesia Number 3258);

14. Government Regulation No. 17 Year 1986 on

Regulatory Authority, Coaching and Development

Industry (Indonesian Republic Gazette 1986

Number 23, Additional Gazette of the Republic of Indonesia

Number 3330);

15. Government Regulation No. 15 Year 1987 on

Change of Border Area Regional Area II

Malang and Malang Level II Regional Regency (Sheet

State of the Republic of Indonesia Year 1987 Number 29, Additional

Page of the Republic of Indonesia Number 3354);

16. Government Regulation Number 13 Of 1995 on Approval Of Business

Industry (State Sheet of Indonesia In 1995

Number 25, Additional Gazette Republic of Indonesia

Number 3596);

4

17. Government Regulation No. 44 of 1997 on

Partnership (State Gazette of the Republic of Indonesia in 1997

Number 91, Additional Gazette of the Republic of Indonesia

Number 3718);

18. Government Regulation No. 32 of 1998 on

Coaching and Development of Small Effort (State Sheet

Republic of Indonesia in 1998 number 46, additional

sheet of state of the Republic of Indonesia Number 3743);

19. Government Regulation Number 27 Years 1999 On Analysis

Regarding The Impact Of The Environment (State Sheet

Republic Of Indonesia In 1999 Number 59, Additional

Sheet Of State Of The Republic Of Indonesia Number 3838);

20. Government Regulation No. 79 of 2005 on Guidelines

COACHING AND SUPERVISION OF THE GOVERNMENT

AREA (SHEET STATE OF THE REPUBLIC OF INDONESIA IN 2005

NUMBER 165, ADDITIONAL SHEET OF STATE OF THE REPUBLIC OF INDONESIA

Number 4593);

21. Government Regulation No. 38 of 2007 on

Division of Government Affairs between Government,

Provincial Regional Government, and Local Government

District/City (Republic of the Republic of Indonesia

Year 2007) Number 82, Additional State Sheet Republic

Indonesia Number 4737);

22. Government Regulation No. 42 Year 2007 on Franchise

(Sheet State Of The Republic Of Indonesia In 2007 Number 90,

Additional Sheet Country Republic Of Indonesia

Number 4742);

23. 1987 Presidential Decree No. 16 of Coaching

Simplification Of Industrial Business Permit;

24. Presidential Rule Number 77 Year 2007 on the List

Closed Business Fields and Open Business Fields

with Requirements in Capital Cultivation as

has been amended with Presidential Regulation Number 111

Year 2007;

5

25. 2007 Presidential Decree No. 112 of the Alignment

and Traditional Market Coaching, Shopping Centre and Store

Modern;

26. Environment Minister Rule Number 11

Year 2006 on Types of Business and/or Activity Plans

Conscription with Analysis On Impact

Environment;

27. Trade Minister Regulation Number 12 /M-DAG/PER/2006

on the Terms and Conditions of the Signage of Mail

The Franchise Registration;

28. Trade Minister Regulation Number 16 /M-DAG/PER/2006

about the Alignment and Training Warehousing;

29. Regulations Minister Perindustrian Number 19/M-IND/PER/5/2006

on Standardization, Standard coaching and Supervision

National Indonesia Field Industry;

30. Trade Minister Regulation Number 36 /M-DAG/PER/2007

on The Publication Of A Trade License Letter;

31. Trade Minister Regulation Number 37 /M-DAG/PER/2007

about the Company Registration Hosting;

32. Trade Minister Regulation No. 31 /M-DAG/PER/2008

about the Hosting Of The Franchise;

33. The decision of Minister Perindustrian Number: 41/M-

IND/PER/6/2008 on the Terms and Conditions of the Giving

Ijin Industrial Effort, Ijin Extension and List Sign

Company;

34. Trade Minister Regulation Number 53 /M-

DAG/PER/12/2008 on the Alignment And Coaching Guidelines

Traditional Market, Shopping Centre and Modern Store;

35. Regulations Minister Trade Number: 43/M-Dag/Per/9/2009

about the Absence, Circulation, Sales, Supervision, and

The Alcohol Control Control;

36. Poor City Area Regulation No. 4 of 2008 on

Government Affairs Governing Government Authority

Area (Poor City Area Of 2008 Number 1

Series E, Additional Sheet Of Poor City Area Number 59);

6

37. Malang City Area Rule No. 5 Year 2009 on

Civil Service Investigators (PPNS) (city Area Sheet

Poor 2009 Number 4 Series E, Extra Sheet

Malang City Area Number 73);

With Joint Agreement

REPRESENTATIVES OF THE CITY OF POOR CITY PEOPLE and

POOR MAYOR

DECIDED:

SET:

. INDUSTRIAL AND INDUSTRIAL.

BAB I

provisions of UMUM

Article 1

In this Region Regulation referred to:

1. The area is the Malang City.

2. The Regional Government is the Government of Malang.

3. The Regional Chief is the Mayor of Malang.

4. The Regional People's Representative Council (DPRD) is the Council

The People's Representative of the City of Malang.

5. The next designated Regional Device Works unit is called SKPD which

designated is the SKPD designated to carry out the completion procedure

the industry and trade perijinan.

6. A body is a form of Entity that includes a Limited Company,

A Komanditer Company, another Perseroan, State or Regional Business Agency

with any name and form, fellowship, sorority, firm, kongsi,

cooperatives, foundations or organizations of the same kind, institutions, pension funds, forms

fixed efforts as well as other forms of enterprise.

7. A trade is a business activity of goods or services such as selling, rent

leases that are done in continuous use with the purpose of transfer of rights to

goods or services in exchange for or compensation.

8. The next Trade License is referred to as the "SIUP" or "Permission

" to be able to carry out the activities of the trading business.

7

9. Industry is the order and all activities that are talkless with the activities

industry.

10. Industry is an economic activity that processes raw materials, raw materials,

half-goods, and/or goods into goods of more

high for their use, including build-up activities and adhesives.

industry.

11. Industry groups are major parts of industrial activity, namely the group

upstream industry or also called the base industry group, downstream industry group,

and small industry groups.

12. An Industrial Branch is a part of an industry group that has a common feature

that is in the production process.

13. An Industry type is a part of an industrial branch that has a special feature

that is the same and/or the result is end in the production process.

14. Industrial Enterprises is the field of activities concerned with the branch

industry or industry type.

15. Industrial enterprises is an enterprise that performs activities in the field of business

industry.

16. The next expansion of the Industrial Company called expansion was

the addition of production capacity exceeded 30% (thirty percent) of the capacity

production had been allowed.

17. Industrial Area is a region of industrial activity that

is equipped with a developed means and infrastructure developed and

managed by the Industrial Area Company that has Ijin Effort

The Region Industry.

18. A subsequent Trade-based Letter Request Letter called SIUP

is a permit to be able to carry out trading venture activities.

19. The next Industrial Business permit called IUI is a permit to

carry out industrial activities.

20. The next Warehouse List sign called TDG is the list sign as

Warehouse registration proof.

21. A further traditional market management effort called IUP2T is the permission

to be able to carry out the Traditional Market management effort published

by the Regional Chief or the designated Acting Officer.

8

22. The next shopping centre effort called IUPP is the permission to be able to

carry out the Department of the Shopping Centre effort published by the Regional Chief or

Designated Officer.

23. The next Modern Store Business permit called IUTM is a permit to be able to

carry out a Modern Store effort published by the Regional Chief or

Designated Officer.

24. A levy is a Regional levy as payment of services or grants

industrial business permits, trading efforts and/or warehouse listing signs specifically

provided and/or granted by the Local Government for the benefit of persons

personal or Agency.

25. A Company is any form of effort that runs every kind of effort that

is fixed and continuous and established, working and located

within the Malang City region with the goal of acquiring an advantage or

profit.

26. The SIUP and IUI application is a form filled by a company that

contains the company's data to acquire SIUP and the Small IUI/Great.

27. The Company's changes are included in the company name change, form

company, logo or corporate image sign, company office address, name

owner/responsible owner/responsible address, Pokok Number

Wajib Taxes (NPWP), capital and net worth (netto), institutional, field

effort, and/or major merchandise/merchandise types.

28. A Corporate Branch is a company that is a unit or part of

its parent company that can be located in a different place and can

be stand-alone or in charge of carrying out a portion of the duties of

The parent company.

29. A Corporate Representative is a company that acts on behalf of the Central Office

The Company for conducting an activity and/or its company are determined

pursuant to the authorization granted.

30. A designated Corporate Representative is an authorized company

acting to represent the Corporate Headquarters and is not a section

of the Central Office.

31. A warehouse is a room that meets non-movable terms, can be closed

and which aims not to be visited by the public, at least at least

36 m² (thirty-six square meters), reserved for use as a place

storage of industrial goods and/or industrial raw materials.

9

32. A store is a building with an effort to sell goods and

consists of only one seller.

33. Modern stores are a store with self-service systems, selling the sharing of types

minimarket-shaped items, supermarkets, department stores,

hypermarket or grocery-shaped grocers.

34. The maintainer of the Minimarket Network is an attempt at the

minimarket field through one management unit and distribution system

items to outlets which are the network.

35. An investigator is the Acting State Police Officer of the Republic of Indonesia or an Officer of the Employee

A specific Civil Service authorized by the Act to

conduct the investigation.

36. The next civil servant investigator called PPNS is the Official

A particular civil servant in the Local Government environment granted

special authority by the Act to conduct an inquiry against

violation of local laws.

37. The investigation is a series of investigative actions in terms of and in a manner that

was set up in Act No. 8 of the Year 1981 to seek and

collect evidence that with the evidence makes light of the criminal offense

occurs and in order to find the suspect.

BAB II

COMMERCE VENTURE

Section Parts of the Publishing

Section 2

(1) Any person or Agency is undertaking a mandatory trading effort. Have a SIUP.

(2) Each person or the SIUP holder body can only run the activities

its efforts correspond to the ones listed in the SIUP that is owned.

(3) SIUP as referred to in paragraph (1), consists of:

a. Small SIU.s;

b. Medium SIUP;

c. The Big SIUP.

(4) In addition to SIUP as referred to in paragraph (3), it can be given SIUP Mikro

to the Mikro Trading Company.

10

Article 3

(1) Small SIUP is required by a trading company whose net worth is

over Rp. 50,000.000.00 (fifty million rupiah) to the most

Rp. 500,000.000.00 (five hundred million rupiah) does not include land and buildings

place of business.

(2) Medium SIUP is mandatory for a trading company whose wealth

is over Rp. 500,000.00 (five hundred million rupiah) up to

at most Rp. 10,000,000.000.00 (ten billion rupiah) excluding land

and place building.

(3) Large SIUP is required by a trading company whose net worth is

more than Rp. 10.000.000.00 (ten billion rupiah) excluding land and

buildings venue.

Article 4

(1) The obligation has SIUP as referred to in Article 2 of the paragraph (1),

is excluded from:

a. Companies that conduct venture activities outside the trade sector;

b. Branch Office or Representative Office;

c. Micro-Trading Company with the criteria, as follows:

1. An individual or an alliance;

2. Business activities are managed, run or managed by their owner or member

closest relatives/relatives; and

3. have a net worth of the most Rp. 50,000.000.00 (fifty million

rupiah) does not include land and place building.

(2) The Mikro Trading Company as referred to in paragraph (1) letter c, can

be given SIUP Micro, if desired are concerned.

Section 5

SIUP is prohibited from using the activities:

a. trade efforts that are not compatible with the institutional and/or business activities,

as set forth in SIUP;

b. efforts to claim trade activities, to raise funds from the public

by offering the promise of an unreasonable profit (money game); or

c. Other trading ventures that have been governed through regulatory provisions An invite-

to a separate invitation.

11

Section 6

(1) SIUP is provided to the Owner/Replacement of the Company

Trade on behalf of the Company.

(2) SIUP as referred to in paragraph (1), may be given to a capital planter

in the country and to foreign capital cultivation in accordance with regulations

laws in the field of capital cultivation.

Section 7

(1) Authorization of the SIUP is located on the Head of the Regional or Officer

designated.

(2) The layout of the SIUP publishing way as referred to in Section 2 of the paragraph (1), will

be further set up with the Regional Chief Regulation.

Section 8

(1) If SIUP has been acquired by the missing company or broken unread,

the company in question must submit a replacement request for SIUP

in writing to the Regional Chief or the designated Acting Officer to acquire

new SIUP.

(2) Request replacement Missing or corrupted SIUP as intended to

paragraph (1), submitted with provisions as follows:

a. conducted under the provisions of Section 7 of the paragraph (2);

b. attach the missing Letter Letter from the local Police for the License Letter

The lost Trade Effort;

c. Attaching the original SIU.s for the damaged.

(3) the Regional Chief or the designated Acting Officer issued a SIUP selambat-

slow 5 (five) weekdays after receiving a request letter

SIUP turnover as referred to in paragraph (2).

The Second Part Changes

Section 9

(1) The Company has acquired SIUP if it changes

as in Section 2, unless it relates to capital and net worth

(netto), required to perform a SIUP request to the Regional Chief or Officer

which is designated as late as 3 (three) months since it is performed

changes.

12

(2) The Company that has acquired SIUP if it changes

as referred to in Section 3, along the concern of capital and wealth

net (netto) is set, as follows:

a. Small SIU.s that hold capital changes and the net worth of (netto)

so that it becomes greater than originally but not exceeding

Rp. 500,000.000.00 (five hundred million rupiah) does not include land and buildings

places of business, do not apply for a change of SIUP;

b. Small SIU.s of capital and net worth (netto) after change to

above Rp. 500,000.000.00 (five hundred million rupiah) to

Rp. 10,000.000.00 (ten billion rupiah) does not include land and

building where the business is, must submit a small SIUP change to SIUP

Medium;

c. Small SIU.s of capital and net worth (netto) after the change to

above Rp. 10,000.000.00 (ten billion rupiah) excluding land and

building site, mandatory to file a change in Small SIUP to SIUP

Great;

d. Medium SIU.s to hold capital changes and net worth

(netto) thus becoming larger than originally, but not exceeding

Rp. 10,000.000.00 (ten billion rupiah) does not include land and

building places, not mandatory for SIUP changes;

e. SIUP Medium of capital and net worth (netto) down to in

bottom of Rp. 50,000.000.00 (fifty million rupiah) does not include land and

building site, obliged to file a Medium SIUP change to

SIUP Small;

f.

(netto) to be above Rp. 10,000.000.00 (ten billion rupiah)

including ground and building where business, must submit a change of SIUP

Medium to Big SIUP;

g. Large SIU.s that hold capital changes and net worth (netto)

down to below Rp. 10,000.000.00 (ten billion

rupiah) and excluding land and building sites, mandatory

Big SIUP changes become Medium SIUP;

h. Large SIU.s that hold capital changes and net worth (netto)

down to up to below Rp. 50,000.000.00 (fifty million

rupiah) do not include land and building sites, mandatory

Great SIUP changes to Small SIU.s.

(3) Changes as referred to in paragraph (1) and paragraph (2), are required to fill

The Small SIUP APPLICATION FORM/MEDIUM/LARGE.

13

(4) Regional Head or Designated Officer no later than 5 (five) business days

counts since the receipt of the change request as referred to

paragraph (1) and paragraph (2), must issue SIUP.

(5) The Company's changes not included in Section 2 and Section 3, mandatory

report in writing to the Chief of Regional or Designated Officials

via SKPD that encodes Industry and Commerce without replacing

or amend the acquired SIUP.

(6) Regional Head or Designated Officials no later than 5 (five) business days

counts since the receipt of the change report as referred to

paragraph (5), mandatory Issued a SIUP Change Agreement Letter.

Third Quarter Reporting

Article 10

(1) the capital SIUP holding company and net wealth (netto) below

Rp. 50.000.000.00 (fifty million rupiah) excluding the land and building

place of the venture, freed from the obligation of delivering a report.

(2) The Company as referred to in Article 2 of the paragraph (1), which has obtained

Small SIUP with capital dictors and net worth above Rp. 50,000.000.00

(fifty million rupiah) up to Rp. 500,000.000.00 (five hundred million rupiah)

excluding land and building places, it is mandatory to deliver the report

to the Regional Chief regarding his efforts every 1 (one) year once

no later than 31 January of the next year.

(3) The company referred to in Article 2 of the paragraph (1), which has acquired

SIUP Medium, is required to submit a report to SKPD that is drugging

The Industry and Trade about its business activities as much as two (2) times

within a year.

(4) The Company as referred to in Article 2 of the paragraph (1), which has obtained

The Great SIUP is required to submit a report to the Chief of the Regions About

two (2) business activities in a year.

(5) the report as referred to in paragraph (3) and paragraph (4), is done

with the following schedule:

a. The first semester is at least slow, every July 31;

b. The second semester at no later than any date on January 31 of the following year.

14

(6) The reports referred to in paragraph (1), the SIUP Holder surrender

the identity of the person or the Agency and/or the changes, types and types of commodities,

The country of export destination and the amount of labor.

11

(1) Any Company that is no longer performing a trading business activity

or closing its company, it is required to report in writing to the Head

The area or the designated Officer corresponds to that of SIUP it has accompanied

reason closure and returns the original SIUP.

(2) Head The designated area or official issued the SIUP company that

closed as referred to in paragraph (1), issuing a Letter of Interest

Closing.

BAB III

PERIZING INDUSTRIAL ENTERPRISES

Section Parts Of The Publishing

Article 12

(1) Any establishment of the Industrial Company is required to have IUI, except for the Industry

small.

(2) Small industry as referred to in paragraph (1), is required to have a TDI which

is treated the same as IUI.

(3) IUI/TDI as referred to in paragraph (1) and paragraph (2), provided throughout

the type of industry is declared open or open with the requirement for planting

capital as set forth in Presidential Regulation Number 77 2007

on Closed Business Fields List and Open Business Fields

with Requirements in Capital Cultivation.

Article 13

IUI grant was performed through with the Approval Principle or Without Consent

Principles.

Article 14

IUI Without the Approval Principle is provided to the industrial Company:

a. located in the Industrial Area/Tied Area; or

15

b. The type of industry is listed in the Industry Ministerial Decree

Number 148/M/SK/7/1995 and its changes.

Section 15

(1) IUI through the Approval Principle is provided to the Industrial Company which:

A. located outside the Industrial Area/Tied Area;

b. The industry is not listed in the Industry Ministerial Decree

Number 148/M/SK/7/1995 with its changes;

c. Its industry location is directly border with protected areas.

(2) IUI through the Approval Principle as referred to in paragraph (1), provided

to the Industrial Company that has met the requirements as follows:

a. has permission to establish a building;

b. have Location Permission;

c. Permission Permissions;

d. have an analysis of the Environmental Impact (AMDAL) or the Effort

Environment Management (UKL) and the Environmental Monitoring Efforts (UPL);

e. have finished building the factory and means of production.

(3) The Principles Agreement is not a permit to perform commercial production.

Article 16

The Industrial Corporation performs an expansion exceeding 30% (thirty per cent) of

production capacity that has been permitted, is required to have Extension Permit.

Article 17

(1) The Small Industries must have a TDI as referred to in Section 12

paragraph (2), with the investment value The company is entirely up to

Rp. 200,000.000.00 (two hundred million rupiah) does not include land and buildings

place of venture.

(2) Small Industries as referred to in paragraph (1), with the investment value

the company is entirely the following:

a. up to Rp. 5.000.000.00 (five million rupiah) excluding land and

building site, it is not mandatory to have a TDI, except for the company that

concerned wants TDI;

b. above Rp. 5.000.000.00 (five million rupiah) up to Rp. 200,000.000.00

(two hundred million rupiah) excluding land and building place venues, compulsory

has TDI.

16

(3) The type of industry with the company's investment value is entirely above

Rp. 200,000.000.00 (two hundred million rupiah) does not include land and buildings

places of business, it is mandatory to have IUI.

Section 18

(1) Authorization of IUI, Extension Permit and TDI to the Regional Chief

or the designated Acting Officer.

(2) The IUI/TDI publishing method as referred to in Section 12, will be set

further with the Regional Chief Regulation.

(3) The manner of the issuance of Enlargement Permission as referred to in Section 16, will

be further set up with the Regional Chief Regulation.

Article 19

(1) If IUI/TDI which the company has acquired is missing or corrupted unreadable,

the company that is required to submit an IUI/TDI replacement request

in writing to the Chief of the Regional or the designated Officer to obtain

IUI/TDI new.

(2) Request of IUI/TDI switching is missing or corrupted as referred to

paragraph (1), submitted with the provision as follows:

a. performed under the provisions in Section 18 of the paragraph (2);

b. attach the missing Letter Letter from the local Police for the IUI/TDI

which is missing;

c. attaching the original IUI/TDI to the damaged.

(3) the Regional Chief or the designated Acting Officer issued IUI/TDI selambat-

slow down 5 (five) days of work since the receipt of the request

the change of IUI/TDI as set forth in paragraph (2).

Second Section Changes

Section 20

(1) The Company that has acquired the TDI if it changes

as referred to in Section 18 of the paragraph (1), is required to conduct IUI request

to the Regional Head no later than 3 (three) months since it was done

changes.

(2) The Regional Head no later than 5 (five) working days from the receipt

report changes as referred to in paragraph (1), required to issue a Letter

Agreement of Change SIUP and IUI.

17

BAB IV

WAREHOUSE LISTING WAREHOUSES

Article 21

(1) Any warehouse owner/warehouse owner who is in the mandatory Area

has TDG.

(2) Any person or Board of TDG holders can only run the activities

its efforts correspond to the ones listed in the owned TDG.

(3) TDG as referred to in paragraph (1), consists of:

a. Fixed TDG;

b. Temporary TDG.

Section 22

(1) Excluded from the obligations of obtaining TDG for the Warehouse or are in

under the control of the Port of the Sea, Land, Airport, Storage

or under mastery and is used for Government interests, as well as

warehouses in the binded area.

(2) Tata means the application of TDG will be further set up with the Head Regulation

Regions.

BAB V

MODERN STORE

Article 23

(1) The establishment of the Modern Store is required to refer to the Regional Plan of the Territory,

The City Room Detail Plan includes its zone regulations.

(2) Against the establishment of the Modern Store conducted by the network manager

minimarket can only be done at a distance of 500 (five hundred) between

minimarket, store and the traditional market/micro trading venture.

(3) Tata method the establishment of the Modern Store will be set further with the Chief Regulation

Area.

Section 24

(1) The broad limit of the sale floors of the Modern Store, as follows:

a. Minimarket, less than 400 m2 (four hundred square meters);

b. Supermarket, 400 m2 (four hundred square meters) up to 5,000 m2 (five

thousand square meters);

18

c. Hypermarket, more than 5,000 m2 (five thousand square meters);

d. Department Store, more than 400 m2 (four hundred square meters); and

e. The percuperation, over 5,000 m2 (five thousand square meters).

(2) The Modern Store Effort with an internal capital of 100% (one hundred percent) is:

a. Minimarket with a sales floor area of less than 400 m2 (four hundred meters

square);

b. Supermarket with a sales floor area of less than 1,200 m2 (thousand two hundred

square meters); and

c. Department Store with a sales floor area of less than 2,000 m2 (two thousand

square meters).

Section 25

(1) Perpetrator who will conduct business activities in the Modern Store field, compulsory

has IUTM for Minimarket, Supermarket, Department Store, Hypermarket

and Perkupulsion.

(2) Business Permit as referred to in paragraph (1), published by the Regional Chief

or the designated Acting Officer.

BAB VI

SANCTION ADMINISTRATION

Article 26

(1) The company is given a warning written, if performing a business activity that is not

in accordance with the field efforts, business activities and the main merchandise/merchandise types

listed in SIUP/IUI/TDI are obtained.

(2) The written warning as referred to in paragraph (1), is given as much as-

number 3 (three) times in a row with a period of 1 (one) month by

the Regional Chief or the designated Officer.

(3) Against the manager of a minimarket network that violates the provisions as

referred to in Article 23 of the paragraph (2), cannot be issued permission recommendation.

Section 27

(1) SIUP and IUI company It is suspended if:

a. not heed the warning as referred to in Article 26 of paragraph (1);

b. doing business activities that have such specialic trade

-level sales and are not compatible with business, business activities

19

and the main merchandise/merchandise types listed in the SIUP that have been

obtained.

(2) As long as SIUP and IUI are concerned to be frozen, the company is banned

to conduct trading venture activities.

(3) The term of the SIUP and IUI freezes for the company as intended

on paragraph (1), valid for 6 (six) months from the assignment of the assignment

freezing the SIUP and IUI.

(4) Freezing of the SIUP and IUI performed by the Regional Chief or Acting Officer

appointed.

(5) the frozen SIUP may be reapplied if the

is concerned to have heeded the warning by doing the repairs and

carrying out its obligations in accordance with the provisions of the perinvite rule-

invitation.

Section 28

(1) SIUP and IUI may be revoked if:

a. not to do trading business activities in accordance with SIUP and IUI which

is owned;

b. it is proven that the SIUP and IUI obtained under the description/data that

is not true or false;

c. the company in question is sentenced to a violation of the Right to the Right

Intellectual Property (HAKI) and/or criminal by the body A trial that has been

is a fixed legal force, with respect to its business activities; and

d. The company in question is proven to be in violation of the rules

Other laws regarding the activities of its business activities.

(2) In terms of the reason for the revocation of SIUP and IUI as referred to in Section 25,

executed the longest 15 (fifteen) business days from the time of termination

while SIUP and IUI are terminated.

(3) The SIUP extraction system, form, format and content of the SIUP revocation decision,

will be further set up with the Chief Regulation Area.

Article 29

(1) Against the revocation of SIUP and IUI which is performed by the Regional Chief or

Acting officials, concerned companies may submit objections

to the Regional Chief or Designate Officials no later than 30 (three

days of work since It's out of SIUP.

20

(2) The designated Regional Chief or Acting Officer may accept or refuse any objection

the company is in writing accompanied by a reason no later than 30

(thirty) days of work since Recipient of an appeal.

BAB VII

CRIMINAL provisions

Article 30

(1) Any person who does not comply with the provisions in Section 2, Section 9, Section 20,

Article 21, and Section 25 is threatened criminal confinement at most 3 (three) months or

fines as high as Rp. 50,000.000.00 (fifty million rupiah).

(2) Criminal Code referred to in paragraph (1), is a criminal offence.

(3) Officials given the task of industry and trade that is not

carrying out its obligations in accordance with regulatory provisions Invite-

invitations, witnesses and penalties in accordance with regulatory provisions

laws.

BAB VIII

provisions INQUIRY

Article ` 31

In addition to the Acting General Investigator, the investigation of the criminal acts as

is referred to in Article 30, conducted by the Investigator Officer Civil servant in

the Regional Government environment whose appointment is set to be in accordance with

the provisions of the laws.

Article 32

(1) In carrying out the duties of the Acting Officers as referred to in

Section 30, authorized:

a. receive a report or complaint from a person about a criminal offense;

b. conducted the first act at the time in the scene and did

check;

c. ordered to stop someone of the suspect and check for self-identification

suspect;

d. conduct forfeiture of objects and/or letters;

e. take fingerprints and photograph someone;

f. call for people to be heard and checked as suspects or witnesses;

21

g. bring the necessary experts in conjunction with

case checks;

h. Held a termination of the investigation after receiving instructions from the Investigator

that there is not enough evidence or the event is not

A criminal and subsequent act through the investigator notifying it

to the public prosecutor, the suspect or his family;

i. hold other actions according to the law that can be accounted for.

(2) Officials of the Civil Service Investigators made the News Event any action

about:

a. suspect checking;

b. home income;

c. seizure of objects;

d. mail check;

e. Witness checkup;

f. checks at the scene, and

g. send it to the State Attorney by Public Investigator.

(3) Investigators as referred to in paragraph (1), notify the start of

the investigation and convey the results of its inquiry to the POLRI investigators,

in accordance with the the provisions set in the Criminal Event Law Act.

BAB IX

provisions CLOSURE

Article 33

With the enactment of this Regional Regulation, the Malang City Regional Regulation

Number 12 2001 on Business Settings and Attribution in the Fields

Industry and Trade (Poor City Area Of 2001 Number 4 Series B)

as amended with the Malang City Regional Regulation No. 11 of 2007

(the Poor City Area Gazette 2007 No. 8 Series C, Extra Sheet

Malang City area Number 48) still remains in effect unless the arrangement

revoked and stated does not apply.

Article 34

The implementation of this regional regulation, will be further set up with the Chief Regulation.

Regions.

22

Section 35

The rules of this section begin to apply at the date of the promultable.

So that everyone can know it, ordering the Local Regulation inviters

this is with the placement in the sheet Poor City Area.

specified in Malang on 5 November 2010

POOR MAYOR,

ttd.

Drs. PENI SUPARTO, M. AP

Reundrased in Malang on January 19, 2011

SECRETARY OF THE POOR CITY AREA,

ttd. Dr. Drs. H. SHOFWAN, SH, M. Si

NIP Young Lead Buyers. 19580415 198403 1 012

LEAVES THE POOR CITY AREA 2010 NUMBER 5 SERIES E

23

EXPLANATION

TOP

POOR CITY COUNTY REGULATION

NUMBER 8 IN 2010

ABOUT

INDUSTRIAL AND TRADING EFFORTS

I. UMUM

The nation's economic improvement efforts need to be supported by the progress

of the regional economy. It is implemented by a strong emphasis on

local potential-based business development as a form of execution of

the spirit of regional autonomy values and must be supported by legal certainty

in endeavour So that the role and society in development through the sector

The trade can run optimally.

With the establishment of the Regulation of the Minister of Commerce Number.

36 /M. DAG/PER/9/ 2007 on the Publishing of Attempted Permits Trade then

in exercising the authorization of permission in the field Trading effort,

The area has guidelines either in the way of granting permissions and to

determining the magnitude of the levy rate.

That to exercise the authorization of grant in the field of business

industrial and trade in Malang then formed Regional Regulation

Malang about the Alignment and Trade as well

adjusted to the situation, conditions and potential of the area it is accommodated as

the local charge element so expected permission to be published based on

provide certainty laws for the public in doing business activities

trade in both small businesses, middle enterprises, large businesses and businesses that

run by an open-air company. Also expected to provide

certainty and protection for personal small business activities

small businesses that are not in the form of legal entities or alliances, small businesses that

efforts are managed to be run or managed alone by its owner or member

family or relatives of the nearest or five/foot merchant and

traveling merchants, by providing certainty and ease in the form

the exception of the obligation has Trade Business License (SIUP) and Permission

Industry Effort (IUI) Running his business.

24

Thus intended to realize an effort and orderly

in industrial and trading business activities in the Malang City region,

control and supervision, administrative orders in the field

and the trade and services of SIUP and IUI are transparent and

is responsible in accordance with the provisions of the laws.

II. SECTION BY SECTION

Article 1

Is quite clear.

Article 2

Quite clearly.

Article 3

Quite clearly.

Article 4

Quite clearly.

Article 5

Quite clearly.

Article 6

Quite clear.

Article 7

Pretty clear.

Article 8

Pretty clear.

Article 9

Quite clear.

Article 10

Quite clear.

Article 11

Quite clear.

Article 12

Quite clear.

Article 13

Pretty clear.

Article 14

Pretty clear.

Article 15

Pretty clear.

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Article 16

Pretty clear.

Article 17

Pretty clear.

Article 18

Quite clear.

Article 19

Quite clear.

Article 20

Quite clear.

Article 21

Quite clear

Article 22

Pretty clear.

Article 23

Pretty clear.

Article 24

Quite clear.

Article 25

Quite clear.

Article 26

Quite clear.

Article 27

Quite clear.

Article 28

Clear enough.

Article 29

Quite clear.

Article 30

Quite clear.

Article 31

Clear enough.

Article 32

Quite clear.

Article 33

Quite clear.

Article 34

Quite clear.

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Article 35

Quite clear.

ADDITIONAL LEAVES OF THE POOR CITY AREA NUMBER 5