Advanced Search

Regulatory Region Number Number 6 Year 2009 Year 2009

Original Language Title: Peraturan Daerah Nomor NOMOR 6 TAHUN 2009 Tahun 2009

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Mail (SIUP) .doc 1

REGULATION OF THE CITY AREA OF SEMARANG

NUMBER 6 YEAR 2009

ABOUT

THE ATTEMPTED LICENSE COMMERCE

WITH THE GRACE OF THE ALMIGHTY GOD

MAYOR OF SEMARANG,

Draw: a. that in order to host government affairs

that is the authority of the area, in particular matters of field

trade, local governments need to provide services,

administration and administrative orders, to encourage

venture world development;

b. that to encourage the development of the business world in the field

trade is necessary for ease, uniformity, order

and legal certainty in the issuance of the Business License Agreement

Trade.

c. that in connection with the above will be required

the setting about the Commerce Permit.

d. that under consideration as intended

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

The area about the Commerce Business Permit Letter.

Given: 1. Act Number 16 of 1950 about the Establishment

Large urban areas in the Propinsi environment

East JawaTimur, Central Java, West Java and Special Areas

Yogjakarta;

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 (Indonesian Republic Of Indonesia Gazette 1982

Number 7, Additional Gazette Republic Of Indonesia

Number 3214);

E: \Perda No. 6 Th. 2009 about Ijin Commercial Business Letters (SIUP) .doc 2

4. Act Number 25 of 1992 on Percolation

(Sheet State Of The Republic Of Indonesia In 1992 Number 116,

Addition Of The Republic Of Indonesia State Number 3502);

5. Law Number 10 Year 2004 About The Establishment

Ordinance Of The Law (republican Gazette

Indonesia In 2004 Number 53, Additional Sheet Of State

REpublic Indonesia Number 4389);

6. Law No. 32 of the Year 2004 on Government

Regions (Sheet Country Repulic Indonesia 2004

Number 125, Additional Gazette Republic of Indonesia

No. 4437) as amended in the last few times

with Law Number 12 of 2008 on

Second Amendment to the Law No. 32 Year 2004

about the Regional Government (Republican Gazette

Indonesia of 2008 Number 59, additional State Sheet

Republic of Indonesia Number 4844);

7. 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);

8. Law Number 40 Year 2007 on Perseroan

Limited Sheet Country Republic Of Indonesia In 2007

Number 106, Additional Sheet Country Republic Of Indonesia

Number 4756);

9. Law No. 20 of 2008 on Mikro's Effort,

Small, and Medium (State Of The Republic Of Indonesia

In 2008 Number 93, Additional Republican Gazette

Indonesia Number 4866);

10. Government Regulation Number 1 Year 1957 on Surrender

Company (Indonesian Republic Gazette of 1957

Number 7 Additional Gazette Republic of Indonesia

Number 1144) as amended several times last

with Government Regulation No. 53 of 1957

(State Gazette of the Republic of Indonesia Year 1957 Number 150.

Additional Gazette of the Republic of Indonesia Number 1467)

11. Government Regulation No. 36 of 1977 on

Termination Of Foreign Endeavour Activities In Trade

(Sheet State Of The Republic Of Indonesia In 1977 Number 60,

Additional State Sheet Number 3113) as it has

several times last modified with Government Regulation

No. 15 Year 1998 (State Sheet of the Republic of Indonesia

In 1988 Number 25, Additional Gazette Republic of State

Indonesia Number 3734);

E: \Perda No. 6 Th. 2009 about Ijin Commercial Business Letters (SIUP) .doc 3

12. Government Regulation No. 27 of 1983 on

Implementation of Law No. 8 Year 1981 on

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

Year 1983 Number 6, Additional Gazette Republic of State

Indonesia Number 3258);

13. Government Regulation No. 79 of 2005 on Guidelines

COACHING AND SUPERVISION OF THE GOVERNMENT

AREA (STATE SHEET OF THE REPUBLIC OF INDONESIA IN 2005

NUMBER 125, ADDITIONAL SHEET OF STATE OF THE REPUBLIC OF INDONESIA

Number 4593);

14. Government Regulation No. 38 Year 2007 on

Partition of Government Affairs between Government,

Provincial Regional Government and Local Government

District/City (Republic of the Republic of Indonesia State of the Year

2007 number 82, Additional Republican Sheet

Indonesia 4737);

15. The 2007 Presidential Decree No. 1 of the Year of Unrest,

Invitation and the Replacement of the Perundang Regulation-

invitation;

16. City of Semarang City Regulation No. 3 of 1988 on

Civil Service Investigators in Government Environment

Regional municipality II Semarang (Area Gazette

Area municipality II Semarang No. 4 Year 1988

Series D Number 2);

17. Area of Semarang City Regulation No. 4 Year 2005

about the City Regional Long-term Development Plan

Semarang 2005-2010 (City Area of Semrang

Year 2005 Number 4 SERI E) as amended

with the Semarang Municipal Regulation No. 8 of 2008

on the Changes to the City Regional Regulation (Semarang)

No. 4 Year 2005 on the Term Development Plan

Intermediate Region Semarang Region 2005-2010 (Sheet

Semarang City area 2008 No. 11);

18. Semarang City Area Regulation No. 5 Year 2008

on Government Affairs Which Is The Authority

Government Of The City Area Of Semarang (city Area Sheet

Semarang 2008 Number 8).

E: \Perda No. 6 Th. 2009 about the Ijin Business Commerce Letter (SIUP) .doc 4

With the Joint Agreement

THE PEOPLE REPRESENTATIVE COUNCIL OF THE CITY AREA OF SEMARANG

AND

MAYOR OF SEMARANG

M E M U T U S K A N:

SET: REGIONAL REGULATIONS ON BUSINESS PERMIT

TRADING

BAB I

provisions of UMUM

Article 1

In this Region Regulation are referred to:

1. Area is the City of Semarang.

2. The Local Government is the Mayor and the Regional Device as an element

the organizers of the Local Government.

3. The mayor is the Mayor of Semarang.

4. The next unit of unit work, abbreviated as SKPD, is a Unit

Regional Device work in the Regional Government environment.

5. The designated official is the Head of the Regional Device Works that

rinse the licensing.

6. A Trading Company is any form of effort that runs

venture activities in a fixed, sustainable trading sector,

established, working and located within the State of the Republic of Indonesia,

for goal of acquiring profit and or profit.

7. Net worth is the result of a total reduction in the value of wealth (assets)

with the total value of the obligation excluding the land and the building where the effort is.

8. The Company's change is a change in the company's data that includes

changes to corporate name, company form, corporate address,

owner/responsible name, capital and net worth, institutional,

venture activities, And the main merchandise.

9. Company Branch Office is a company that is a unit or part

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

and can stand alone or serve to carry out a portion of the duties of

The parent company.

10. A Company Representative is a company that acts representing the headquarters

the company for conducting an activity and or its business according to

the authority that has been determined according to the given.

E: \Perda No. 6 Th. 2009 about Ijin Commercial Business Letters (SIUP) .doc 5

11. Trade is the activities of goods or services transactions such as trade-buying,

rent, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, lease, or

12. The next Trade License (SIUP) is a permit

to be able to carry out trading venture activities.

13. The next: SP-SIUP is a license for the Company that

contains the company's data to obtain the company's data to obtain a Small SIU./Meneng/Large.

14. The Regional Levy further called the Retribution is the Regional levy

in payment of certain services or grants of specific permissions

provided and/or provided by the Local Government for the benefit of the person

personal or body.

BAB II

BUSINESS CRITERIA

Article 2

The Trade Effort is distinguished in the criteria as follows:

a. The Micro Effort Criteria is an attempt which has the most net worth

a lot of Rp. 50,000.000.00 (fifty million rupiah) excluding the ground

and the building where the business is;

b. The Small Business criteria is an effort that has a net worth more than

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

Rp. 500,000.000.00 (five hundred million rupiah) does not include the ground and

building where the business is;

c. The Intermediate Effort is an attempt which has a net worth

over Rp. 500,000.000.00 (five hundred million rupiah) to the most

a lot of Rp. 10,000,000.00 (ten billion rupiah) excluding

the land and building place building;

d. The Great Effort is an enterprise that has a net worth above

Rp. 10.000.000.00 (Ten billion rupiah) does not include land and

building places.

BAB III

PERIZSE

Article 3

(1) Any company that does a mandatory trading venture has a SIUP

set by the Mayor or the designated Acting Officer.

E: \Perda No. 6 Th. 2009 about Ijin Commerce Letters (SIUP) .doc 6

(2) Mayor or Acting Acting Officer in the publish SIUP can

coordinate with SKPD which has a principal task and function in the Field

Trade in the area.

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

a. Small SIU.s;

b. Medium SIUP;

c. Large SIUP.

(4) In addition to SIUP as referred to in paragraph (2) may be given SIUP Mikro

to the Micro Effort.

(5) The manner of the Publishing Application, Form, Format and SIUP Format are set over

continue with the Regulation Mayor.

Article 4

(1) Small SIUP is required to be owned by the company with the criteria of the effort as

referred to in Article 2 of the letter b.

(2) Medium SIUP is required by the company with the business criteria

as referred to in Article 2 of the letter c.

(3) Large SIUP is required by companies with business criteria as

referred to in Section 2 of the letter d.

Article 5

(1) The obligation has SIUP as referred to in Section 4 paragraph (1)

excluded against:

(a) Companies that conduct venture activities outside the trading sector,

both the goods trade or trade services;

(b) the office of a trading company or representative office

trading company;

(c) The Mikro business is the individual effort that has the Criteria as

following:

1. No legal entity or alliance;

2. Business activities are managed, run, or managed by their owners or

nearest family members/relatives; and

3. have a net worth of the most Rp.50,000,000,-(fifty

million rupiah) excluding land and place building.

(2) Mikro's efforts as referred to in paragraph (1) letter c may be provided

SIUP Mikro, if Wish is concerned.

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Letters Letter (SIUP) .doc 7

Section 6

(1) SIUP is issued under a Trading Company position and

applies to trade efforts throughout the region. Country

Republic of Indonesia.

(2) SIUP is granted to the Owner/Replacement of the Company

Trade on behalf of the Company.

(3) SIUP as referred to in paragraph (1) may be given to the planter

domestic capital and to foreign capital cultivation According to

regulations

Section 7

(1) SIUP applies to the Trading Company running the business activities

(2) The Trading Company as referred to in paragraph (1) is mandatory

reregistering every 5 (five) years in the SIUP publishing place

Article 8

SIUP is required to be installed where the business is listed in SIUP

and placed on an easy spot read and viewed by the general.

Article 9

The company that has had a SIUP that will open a branch and or representative

in the area, before conducting a mandatory trading effort report in writing

to the Mayor via the designated Officer.

BAB IV

AUTHORITY AND COACHING

Article 10

(1) The mayor is authorized to publish the SIUP.

(2) The mayor may bestow the SIUP publishing authority to the SKPD Chief

in charge of the trade or the designated officer.

Article 11

(1) SKPD is responsible in the field trading on the City Government

doing coaching and evaluation of the implementation and staging of

the publishing of the SIUP.

E: \Perda No. 6 Th. 2009 about Ijin Commerce Letters (SIUP) .doc 8

(2) The order of coaching and evaluation of the execution and alignment

the publishing of SIUP as referred to in paragraph (1) is set further by

The Mayor ' s Rule.

Article 12

Designated officials as referred to in Article 10 of the paragraph (2) must

coordinate with SKPD responsible for the field of insider trading

the alignment -SIUP publishing.

BAB V

COMPANY CHANGE

Section 13

Any changes to the company, owner or caretaker or employers

the trading companies are required to submit SP-SIUP Changes in writing to

The mayor or the most appointed Acting 3rd (three) months since the change.

Article 14

In case SIUP is lost or broken, the owner or caretaker or debutholder

the trading company concerned required to apply

a SIUP replacement to the Mayor or an official who appointed.

Section 15

(1) If the data, information and information are delivered in the Letter

REQUEST SIUP, Registration Office Branch/Corporate Representative

Trade, change and/or the SIU.P. Replacement missing or corrupted

turns out to be untrue, then SIUP, the registr/representative office registration mark

the trading company and SIUP Changes and/or replacements that have been

published are declared null and void.

(2) Cancellation as referred to in paragraph (1) of the Official

SIUP Publisher by issuing SIUP's cancellation Decisions, Marks

Offices Branch Office/Commerce Company Representative, SIUP Changes

and/or Replacement.

Section 16

Tata ways and terms for obtain a new SIUP, Reporting that will

open a branch and or representative, Changes SIUP and SIUP Subsection

as referred to in Section 3 of the paragraph (1), Section 10, Section 13, Section 14, and Section

15, further set with the Mayor ' s Rules.

E: \Perda No. 6 Th. 2009 about Ijin Commerce Letters (SIUP) .doc 9

Article 17

(1) Any Company submitting a new SIUP application is not subject to

the levy.

(2) Retribution may be subject to the Trading Company at the time of performing

re-registration, alteration and/or replacement of the missing or damaged SIUP.

(3) The attribution as referred to in paragraph (2) is released for The Company

The Mikro Trade as referred to in Article 5 of the paragraph (2).

(4) The retribution of the levy as referred to in paragraph (2) is set

with the Regional Regulation.

(5) The Local Government must specify the quantity of the levy as intended

on the paragraph (2) on the notice board that is placed in SKPD which

encodes permissions.

BAB VI

RIGHT, OBLIGATION AND PROHIBITION

Article 18

The owner of SIUP has a right:

a. conduct a trading business activity in accordance with the milky SIUP; and

b. get a guarantee of holding a trading venture activity according to SIUP

which is owned.

Article 19

The SIUP owner has an obligation:

a. Conduct trading business activities in accordance with the rules of the laws of the law

in effect by reporting its business activities to the Mayor or Acting

designated every 1 (one) year at the latest on January 31, 2017.

the next year.

b. Report in writing to the Mayor or the designated Officer accompanied

the reason for closing if it will close the company.

Article 20

The form, format and content of the report as referred to in Article 19 of the letter b set

further with the Mayor Regulation.

Article 21

The owner of SIUP is prohibited from using the SIUP that is owned to perform activities:

a. trade efforts that do not conform to its weaknesses and/or activities

efforts, as listed in the SIUP;

E: \Perda No. 6 Th. 2009 about Ijin Commercial Business Letters (SIUP) .doc 10

b. efforts that raise funds from the public by offering an appointment

an unnatural advantage;

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

its own laws.

BAB VII

ADMINISTRATION SANCTION

Article 22

(1) The owner of the SIUP is given a written warning by the Mayor or the designated Officer

in violation of the provisions as referred to in Section 4, Section 7

paragraph (2), Article 8, Section 9, Section 14, Article 19 and Article 21.

(2) The Written Warning is given the most 3 (three) times with timeout

each 2 (two) of the week counting from the date of delivery of the official

designated.

(3) The format of the written warning, form, format and contents of the written memorial is set to be more

continue with the Mayor Regulation.

Article 23

(1) If the written warning as referred to in Article 22 of the paragraph (1) is not

ignored by the owner of the SIUP, then it is granted administrative sanction

SIUP temporary stop at most 3 (three) months.

(2) If it is up to the deadline as referred to in paragraph (1) the owner of the SIUP

does not ignore the warning then it will be performed revocation of SIUP.

(3) If the owner of the SIUP has been granted administrative sanction as referred to

on paragraph (2) still performing the business activities, may be a sealing

by the authorized SKPD.

Article 24

(1) Sanctions The administration of the SIUP revocation can be done in terms of, as

below:

a. conduct a trading business activity that does not conform to SIUP that

is owned; or

b. have the SIUP obtained under the correct description/data

or false;

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

Intellectual Property (HAKI) and or penal by the Court.

A fixed legal force, with regards to its business activities; and

E: \Perda No. 6 Th. 2009 about Ijin Commercial Business Letters (SIUP) .doc 11

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

The Invitation related to its business activities.

(2) Revocation of the SIUP as referred to in Article 23 of the paragraph (2), executed

at most 15 (five) The day of work since the time of the dismissal while SIUP

ends.

(3) The SIUP revocation layout, shape, format and content of the SIUP revocation decision

is further set up with the Mayor Regulation.

Section 25

(1) The Company which has revoked SIUPS may file an objection to

The Mayor or the designated officer most slowly 30 (thirty) business days

counts from the date of the SIUP revocation decision date.

(2) The answer to the company ' s proposed objection as referred to

the paragraph is given the slowest 30 (thirty) business days from the date of the receipt

the plea of objection, and delivered terluciously accompanied by the reason.

(3) If within 30 (thirty) days referred to in paragraph (2)

exceeded, and there is no answer to such objection, then the objection

revocation of SIUP is considered to be accepted.

(4) In the case of the request an accepted objection, then the revoked SIUP

is declared valid again.

BAB VIII

REVOCATION PERMIT

Article 26

SIUP is declared null and void due to one of the things, as follows:

a. the company is broken up; or

b. The owner of the SIUP died; or

c. His license license does not apply anymore; or

d. not to reregister.

BAB IX

REPORTING

Article 27

Mayor or Acting Officer completed the publishing development report

and the repeal of SIUP as well as the closure of the company to Janderal Director

Home Trade with busan to the Governor and Head of SKPD

in the field of Commerce on Provincial Local Government and first

coordinate with SKPD Chief responsible for the field trade.

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Letters Letter (SIUP) .doc 12

BAB X

provisions INQUIRY

Section 28

(1) Certain PPNS officials in the City Government environment are given special authority

as An investigator to conduct a violation of violation of violation of

(2) The authority of the PPNS as referred to in the paragraph (1) includes:

a. Receive a report or complaint from a person regarding the event

criminal for the violation of the Regional Regulations;

b. Perform first actions and checks in the event of the event;

c. Send someone to stop and check out the suspect's self-identification.

d. Commit forfeiture of objects or letters;

e. Take a fingerprint and photograph someone;

f. Calling people to be heard and checked as suspects or

witnesses;

g. Bring the necessary experts in conjunction with

case checks.

h. Hold a termination of the inquiry after receiving a hint of

The police investigator that there is not enough evidence or events

not a criminal offense and subsequent through the Investigator POLRI

notifying the matter. It was to the Public Prosecutor, suspect or

his family; and/or

i. Conduct other actions by law that can

be accounted for.

(3) In the conduct of the task as referred to in paragraph (1) and paragraph (2),

PPNS is required to compile the event news of any venue checks

events, witnesses and suspects as well as reporting the results to the Mayor.

Article 29

In carrying out the authority as a PPNS as referred to in

Article 29 of the PPNS is obliged to submit the investigation results to the Public Prosecuting through

Investigator POLRI.

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Letters Letter (SIUP) .doc 13

BAB XI

CRIMINAL provisions

Section 30

(1) The violation of the provisions as set out in Section 3 of the paragraph (1)

threatened with criminal confinement for the longest 3 (three) months or the most fine

a lot of Rp. 50,000,000,-(Fifty million rupiah).

(2) Criminal Tindak as referred to in paragraph (1) is a violation.

BAB XI

provisions TRANSITION

Article 31

(1) The slowest 1 (one) year after the enactment of this Regional Regulation, any

SIUP owners are required to adjust the provisions of this Regional Regulation.

(2) The Regulation of the Regulation of the Regions is set at least 1 (one) year

after the Regional Rule is promulgate.

BAB XII

CLOSING provisions

Article 32

This Regional Regulation is beginning to apply on the date reinvite

For everyone to know ordered this Regional Rule Invitation

with its placement in the Area Sheet.

Set in Semarang on September 7, 2009

MAYOR SEMARANG

H. SUKAWI SUTARIP

It was promulred in Semarang on 15 December 2009

Plt. MUNICIPAL SECRETARY OF THE CITY OF SEMARANG

Hj. HARINI KRISNIATI

Head of the Social Services, Youth and Sports of the City of Semarang

LEAF SECTION OF THE CITY OF SEMARANG 2009 NUMBER 7

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Letters Letter (SIUP) .doc 14

EXPLANATION

UP

THE CITY AREA REGULATION OF SEMARANG

NUMBER 6 YEAR 2009

ABOUT

THE TRADING BUSINESS PERMIT

I. GENERAL EXPLANATION

The economic improvement efforts in the Regions were implemented

on the development of local potential-based efforts as a form of execution of

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

in endeavour so that the role as well as the public in building through

the trade sector can run optimally.

That to exercise authorization authorization in the field of effort

trade in the City of Semarang based on the City Regional Regulation Semarang

number 5 In 2008 on Government affairs which became the authority

The City of the City of Semarang City, then it needs to be formed City Regional Regulation

Semarang on the Governing Licence (SIUP) Letter of Commerce (SIUP) guidelines

Act 20 years 2008 on Mikro, Small and Medium Effort and

Trade Minister Regulation No. 36 /M. DAG/PER/9/ 2007 about Publishing

Trade Business Permit Letters, as well as adapted to situations, conditions and potential

areas that deomodir as a local charge element so it is expected that permission

published under the Regulation of the Regions provides legal certainty for

the public in conducting business activities of good small business, business

medium, large undertaking. This area's regulation is also expected to provide

certainty and protection for micro-venture activities, with

providing certainty and ease in the form of an exemption from liability

has a Attempted License Trade (SIUP) in the running of activities

its efforts so that it is not mandatory for small individuals in

The rules of this area are expected to be micro-business activities of the City community

could increase in use. It is the well-being of a better society.

Nevertheless, in support of the interest to the development of activities

micro effort, This Regional Regulation also provides an opportunity for micro efforts

to acquire a Trade Business License (SIUP) so that a micro venture that

wants to have a permit can submit a request based on the provisions in

This Area Regulation.

Thus the Regional Regulation is intended to realize the certainty

endeavour and orderly in the activities of the trading endeavour in the area of the City of Semarang,

Control and supervision, orderly administration in the field of trade licensing

as well as the transparent, SIU.P. Perizinan service and are responsible based on

the rules of the Invitation Act apply.

E: \Perda No. 6 Th. 2009 about the Ijin Commerce Letters Letter (SIUP) .doc 15

II. EXPLANATION FOR SECTION

Article 1

Quite Clearly

Section 2

referred to by "net worth" is the result of total deductions

value of business wealth (assets) with total liabilities value, tuidak included

the land and enterprise building.

Article 3

Pretty clear

Article 4

Pretty Clear

Article 5

Pretty Clear

Article 6

Pretty Clear

Article 7

Pretty Clear

Article 8

Quite clear

Section 9

The obligation to report is intended for each branch and or representative of the Company. have already had SIUP, registered in the area with the purpose of surveillance and control of the trading venture activities.

Article 10

Quite clear

Article 11

Quite clear

Article 12

Quite clear

Article 13

In the event of a data change and or company activity then the term

the next reregistration obligation time remains calculated as of the term

expiration time.

Section 14

Quite clear

E: \Perda No. 6 Th. 2009 on Mail Ijin Commerce (SIUP) .doc 16

Article 15

Pretty clear

Article 16

Pretty clear

Article 17

Quite clear

Article 18

Quite clear

Article 19

Pretty clear

Article 20

Pretty clear

Article 21

Pretty clear

Article 22

Quite clear

Article 23

Quite clear

Article 24

Quite clear

Article 25

Clear enough

Article 26

Pretty clear

Article 27

Quite clear

Article 28

Quite clear

Article 29

Pretty clear

Article 30

Pretty clear

Article 31

Pretty clear

Article 32

Quite clear

ADDITIONAL LEAF AREA OF SEMARANG CITY NUMBER 32