Regulatory Region Number Number 2 In 2008 In 2008

Original Language Title: Peraturan Daerah Nomor NOMOR 2 TAHUN 2008 Tahun 2008

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Microsoft Word-PERDA IUJK DISTRICT GAZETTE 2008 1 KEBUMEN number: 2 years 2008 series: E numbers: 1 APPLICABLE LOCAL COUNTY KEBUMEN number 2 in 2008 ABOUT the CONSTRUCTION SERVICES BUSINESS LICENSE with the GRACE of GOD ALMIGHTY the BUPATI KEBUMEN, Considering: a. that with the enactment of presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed , the last presidential regulation Number 95 in 2007 about the seventh Change over the presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services, then the applicable local County Kebumen No. 14 of 2002 about business license construction services need to be reviewed;

2 Remember: b. 1. 2.3. 4.5. 6. that based on considerations as referred to in letter a, hence the need to establish local regulations concerning construction service business license. Act No. 13 of 1950 on the establishment of County regions in Central Java province; Act No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3825); 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); Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 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 3 7. 8.9. 10.11. 4437) as has been modified several times, the last by 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); Government Regulation Number 32 in 1950 about the determination of the Start the enactment of Act No. 13 of 1950; Government Regulation Number 27 in 1983 on the implementation of law No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia number 6 in 1983, an additional Sheet of the Republic of Indonesia Number 1136); 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); Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia year 2000 Number 64, an additional Sheet of the Republic of Indonesia Number 3956); 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);

4 12. 13.14. 15.16. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); Presidential Decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services (State Gazette of the Republic of Indonesia Number 120 in 2003, an additional Sheet of the Republic of Indonesia Number 4330) as has been modified several times, the last presidential regulation Number 95 in 2007 about the seventh Change over the presidential decree number 80 in 2003 about the guidelines of the implementation of the Government's procurement of goods/services; Presidential regulation Number 67 in 2005 about the Government's Cooperation with the Agency's efforts in the provision of Infrastructure; Presidential Regulation No. 1 of 2007 about the Endorsement, Enactment and Dissemination of legislation;

5 17. Regulations Area Counties Regencies Kebumen number 3 in 1989 about Investigator civil servant at the District Government Environment Regencies Kebumen (District Gazette Kebumen 1989 Number 7). With the approval of the joint HOUSE of REPRESENTATIVES DISTRICT KEBUMEN and the BUPATI KEBUMEN DECIDED: setting: LOCAL REGULATIONS CONCERNING CONSTRUCTION SERVICE BUSINESS LICENSE. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area of the County is Kebumen. 2. Local Government is the Regent and the region as organizer of local governance. 3. The Regent Bupati Kebumen is.


6 4. The Agency is a form of business entity that includes limited liability company Komanditer, State-owned enterprises or Areas owned enterprises, cooperatives, foundations and/or other form of business entity. 5. Construction Services is planning consultancy services, implementation services construction jobs construction jobs and construction work supervision consultancy services. 6. Construction work is a whole or part of a series of activities planning, execution and/or supervision that includes the work of architectural, civil, mechanical, electrical and environmental each with its furnishings to realize a building or other physical form. 7. The service provider is an individual person or entity the activities of its business providing construction services. 8. Construction Services Business is a business that includes the type of business, business form and construction services businesses. 9. Business license construction services hereinafter abbreviated to IUJK is the business license construction services provided to individuals or entities who conduct its business activities in the field of construction service business. 10. What kind of business is construction services include the services of a planner, implementing services and services construction supervisor. 11. Construction Planner is a provider of individual people or business entities that declared the expert professionals in the field of construction services planning capable of embodying the work in the form of building planning documents or other physical form. 12. The commissioning of construction is a provider of individual people or business entities that declared the expert professionals in the field of implementation of construction services that are able to organize its activities to realize an outcome of planning into the shape of a building or other physical form. 13. Construction Supervisor is a provider of individual people or business entities who stated professional experts in the field of supervision of construction services that are able to carry out the work of supervision since the beginning of the implementation of 7 construction work until completion and the title. 14. Classification is part of the activities of the registration to establish its business in the field of construction services according to the areas and sub areas of work or profession categorization skills and expertise in the field of individual person constructs according to scientific discipline and/or particular skills and/or expertise and/or the functionality of each. 15. registration activities are part of the qualifying to determine the categorization effort in the field of construction service according to the level of competence and skill depth/business or profession categorization skills and expertise in the field of individual people working construction service according to the level of competence and skill depth/profession and expertise. 16. The investigator is a police officer or official of the Republic of Indonesia civil servant who was given special duties and authority by law to conduct the investigation. 17. The investigator civil servant who then shortened in 1988, is Investigating certain civil servants in local government environment which was authorized by special legislation to do the investigation against violation of local regulations. CHAPTER II BASIC and OBJECTIVE article 2 Setting construction service based on the principle of honesty and fairness, benefit, harmony, balance, independence, openness, partnership, security and safety for the benefit of the community, the nation and the State.

8 article 3 Setting construction services aiming to: a. ensure the alignment setting and coaching business construction services; b. provide direction of growth and development of the construction services business structure to achieve a solid, reliable, competitive power and high quality construction work results; c. embody an orderly organization of construction work that ensures equality of position between service users and service providers in rights and obligations and to improve compliance with the provisions of the applicable legislation; and d. manifest increase in the role of the community in the field of construction services. CHAPTER III CONDITIONS of business license, BUSINESS LICENSE SUBJECT and OBJECT CONSTRUCTION SERVICES is considered Part of the administration of the provisions of article 4 (1) every person is an individual or entity that performs construction services business had obliged IUJK from Regent. (2) IUJK as referred to in subsection (1) is non-transferable. Article 5 any person individual or entity applying for IUJK must apply the classification and qualification of construction service business is concerned.

9 Article 6 (1), the individual Person or entity doing business-led construction services are not allowed to concurrently be the individuals or entities doing business-led construction services and must be served in full as well as residing in the territory of the region. (2) every person is an individual or entity doing business required to have the construction of power engineering. (3) Engineering Personnel are only allowed to work on one (1) individual person or entity doing business construction service and one (1) construction services jobs as well as residing in the territory of the region. The second part of the engineering Provision of article 7 (1) an individual Person or entity doing business construction services mandatory lists the name and number with service provider IUJK put up a nameplate service provider at the provider's Office with a size of 60 x 40 cm. (2) an individual Person or entity doing business construction services mandatory lists the name and number to IUJK service providers on the Board the name of the project/activity on site work. (3) an individual Person or entity doing business construction services must have the Office supplies and equipment to support their work efforts.

10 article 8 (1) the provisions of the technique must be owned by an individual person or entity doing business construction services should be examined and researched his righteousness by the team. (2) the team referred to in paragraph (1) was formed by the Regent with membership comes from the working Device Units/Areas related institutions. Article 9 (1) every person is an individual or entity that has a mandatory IUJK deliver its performance to the team based on the assessment provided by the users of the service. (2) the performance of an individual person or entity referred to in paragraph (1) covers aspects of legal compliance, employment achievements ever undertaken, working relationships with service users and the relationship with the community. The third part of the object and the subject of construction service business license article 10 IUJK Object is the grant IUJK from Regent to the individual person or entity conducting business activities in the field of construction services. Article 11 subjects of IUJK individual is a person or entity that acquires IUJK.


11. CHAPTER IV types, forms, CLASSIFICATION and QUALIFICATION of LINE of BUSINESS is considered part of the CONSTRUCTION SERVICES Business Services Construction of article 12 (1) type of business comprises the construction services business planning construction, undertaking the implementation of construction and construction supervision business that each carried out by Managing the construction, Construction Planners and Construction Supervisor, excluded for the work carried out in swakelola. (2) construction planning Business provides planning services in construction work that includes a series of activities or parts of activities ranging from development studies up to the preparation of the contract of employment. (3) execution of the construction Effort providing services in implementation of construction work that includes a series of activities or parts of activities ranging from field preparation up to the submission of the final results of the construction work. (4) construction supervision Business provides supervision services good overall or in part the implementation of construction work starting from the preparation of the field until the final delivery results of construction work. The second section of the form and the field of construction Service Business Article 13 (1) construction Service Efforts may take the form of individual people or business entities.

12 (2) the form of work done by the individual referred to in subsection (1) the construction of the executor can only carry out construction work at risk small technologically simple and low-cost small. (3) the form of work done by the individual referred to in subsection (1) as a construction Supervisor or Construction Planner can only carry out the work in accordance with the field of his expertise. (4) construction work at risk of large and/or high-tech and/or the large cost can only be done by a business entity in the form of a limited liability company or are used interchangeably. Article 14 (1) according to the number of business entities engaged in the business of construction services are classified in: a. areas of work the implementation of Construction consists of: 1. the field of architecture; 2. civil areas; 3. electrical field; 4. mechanical field; and 5. the field of environmental governance. b. Field Work planning/Construction Supervision consists of: 1. the field of architecture; 2. civil areas; 3. electrical field; 4. mechanical field; and 5. the field of environmental governance. (2) according to the business entity credentials in the field of construction service business are classified in: a. implementation of Construction consists of: 13 1. Small construction business entities; and 2. business entity construction services Non small. b. planning/Construction Supervision. Chapter V the REQUIREMENTS effort, PROFESSIONAL RESPONSIBILITY, BUSINESS DEVELOPMENT and QUALIFICATION EFFORT is considered part of the Business Requirements of article 15 Requirements Construction Planners, Implementers of construction and Construction Supervisors in the form of a business entity is as follows: a. meets the provisions of the licensing business in the field of construction services; and b. has the business entity's certificate of construction service development institution (LPJK). Article 16 Implementing terms of Construction Planners, construction and Construction Supervisors, the individual person are as follows: a. the construction Planners and/or Construction Supervisor from each individual person must have a certificate of Expertise; b. individual people employed by the business entity as Construction Planner or Construction Supervisor or a certain power in the Construction fields Managing efforts must have a certificate of Expertise; c. Implementing individual person Constructs must have a certificate of Work Skills and Job Skills Certificates; and 14 d. labor, environmental undertakings which work on the commissioning of construction must have a Certificate or a certificate of Employment skills, Job Skills. e. has a list of the Individual Efforts of Development construction service Institution (LPJK). The second section of the professional responsibility of article 17 (1) a business entity as referred to in article 15 and the individuals referred to in article 16 should be responsible for the results of his work. (2) the responsibility referred to in subsection (1) is based on the principles of expertise in accordance with scientific rules, propriety and intellectual honesty in the conduct of his profession with still give priority to common interests. (3) to manifest satisfy the responsibility referred to in subsection (1) and paragraph (2) is through the mechanism of accountability in accordance with the provisions of the applicable legislation. The third part business development and Business Qualifications Article 18 (1) construction services Business developed to realize a solid business structure and efficient manner through synergistic partnerships between Non Minor and small business as well as the nature of the public, specialists and certain skills.

15 (2) construction planning Efforts and oversight of construction developed in the direction of the business which are General and specialist. (3) execution of the construction Effort developed toward: a. businesses that are General and specialist; and b. individual efforts are highly-skilled employment. CHAPTER VI LICENSING VENTURE CONSTRUCTION SERVICES is considered part of the grammar of how to obtain a business license Services construction of article 19 (1) to get IUJK, the applicant must apply in writing to the Regents by way of filling an application form that has been provided through the Work of the regional units of the device/designated Agencies. (2) the procedures and requirements for obtaining further regulated IUJK with regulation of the Regent. The second part of the validity period of construction Service business license article 20 (1) IUJK referred to in article 19 paragraph (1) is valid for 3 (three) years and can be extended if it meets the specified requirement of applicable legislation. (2) the extension referred to in paragraph (1) be filed within 30 (thirty) days prior to the maturity date expires. (3) the filing of an extension of the IUJK is done by applying for an extension with attached with a IUJK long.


4 (4) the validity period is IUJK due to changes in accordance with IUJK. The third part construction service business license Change of article 21 (1) If during the period of introduction of IUJK there is a change in the address of the Office, then the service provider concerned is obliged to apply the changes to the permission with the enclosed IUJK long. (2) If during the period of introduction of IUJK there is a change in the form of the service provider, the name of the holder of the IUJK, the order of administrators, directors, business activities, field work, qualifications or change of classification then is done by applying for a new examination and research done on the local Office of the service provider. Section 22 of the Ordinance an extension and change of IUJK is set by regulation Regent. CHAPTER VII REPEAL CONSTRUCTION SERVICE BUSINESS LICENSE Article 23 IUJK revoked if: a. IUJK obtained unlawfully; b. IUJK holder violates the legislation in force;

17 c. the holder of the permit extension does not implement IUJK; d. the individual holders of those IUJK people proven to lend his name to the person of another individual to get a job; and e. holder IUJK services provider proves to be handed the execution of the work to other service providers without the consent of the user of the service. CHAPTER VIII PROVISIONS of the INVESTIGATION section 24 (1) Investigating certain civil servants in the environment of local Government was authorized to conduct a special investigation of regulatory offences against this area in accordance with the legislation in force. (2) to carry out its tasks as referred to in paragraph (1), the investigator has the Authority civil servants: a. receive reports or complaints from a person of a criminal offence; b. do the first action and examination on the scene; c. instructed to stop someone and checking the self identifier suspects; d. perform the seizure of objects and/or letter; e. taking fingerprints and a photograph of a person; f. calling the people to be heard or checked as suspects or witnesses; g. bring people expert in connection with the proceeding;

18 h. held termination of investigation after receiving instructions from Police Officials Investigating the State of the Republic of Indonesia that there was no sufficient evidence or such events does not constitute a criminal offence and subsequently through the investigator notify the matter to the public prosecutor, the suspect or his family; and i. held another action according to the law which can be accounted for. (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor's Office Police Officials through the Republic of Indonesia, in accordance with the provisions set forth in the law of criminal procedure in force. CHAPTER IX of the CRIMINAL PROVISIONS of article 25 (1) every person is an individual or entity who violates the provisions of article 4 are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.00 (fifty million rupiah). (2) a criminal offence referred to in subsection (1) is an offence.

19. CHAPTER X of article 26 TRANSITIONAL PROVISIONS (1) any individual person or entity at the time of the enactment of the regulations in this Area have been carrying out business activities in the field of construction services as referred to in article 14 and have had IUJK based on applicable local County Kebumen No. 14 of 2002 about the Construction Services business license, then at least 6 (six) months after the enactment of the regulations in this area is required to have the IUJK based on the regulation of this area by doing the replacement application IUJK. (2) provisions on the adjustment of the IUJK based on the regulation of this area will be further regulated by regulation of Regent. CHAPTER XI CLOSING PROVISIONS article 27 things that have not been provided for in the regulation of this area is all about their implementation will be further regulated by a Regent. Article 28 of the regulation at the time of this area comes into force, Regulation No. 14 Kebumen Regency Area in 2002 about the Construction business license (District Gazette Kebumen Number 34 2002 E series number 19) revoked and declared inapplicable.

20 Article 29 Rules 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 Kebumen District Gazette. Set in Kebumen on May 29, 2008 REGENT KEBUMEN, ttd. Enacted in Kebumen RUSTRININGSIH on DISTRICT SECRETARY KEBUMEN, KEBUMEN REGENCY AREA SHEET SUROSO in 2008 NUMBER 21 EXPLANATION for APPLICABLE LOCAL COUNTY KEBUMEN number 2 in 2008 ABOUT BUSINESS LICENSE CONSTRUCTION SERVICES i. GENERAL EXPLANATION In Act No. 18 of 1999 regarding construction service asserted that in national development, construction services have an important role and considering the strategic construction services produce a final product in the form of a building or other physical form whether in the form of infrastructure as well as the means by which functions support the growth and development of various fields especially the economic, social and cultural to realize a fair and prosperous society that is equitable materially and spiritually based on Pancasila and the 1945 Constitution. In addition to supporting a variety of role development, construction services also play a role to support the growing development of a wide range of industrial goods and services required in the conducting of construction work. Under article 14 of the Government Regulation Number 28 in 2000 about the efforts and role of Community construction services, business entity which organizes the efforts of National construction services required to have business license issued by the local government in the place of domisilinya and under article 7 paragraph (3) the Government Regulation number 30 in 2000 about the conduct of the


22 Construction construction services, the local government organized the construction of construction services in the framework of the implementation of regional autonomy. With the promulgation of presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has been modified several times, the last presidential regulation Number 95 in 2007 about the seventh Change over the presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services, then the provisions in Regulation No. 14 Kebumen Regency Area in 2002 about the Construction Services business license needs to be adjusted. Based on considerations as referred to above, it is necessary to form local regulations concerning construction service business license. II. description the SAKE ARTICLE ARTICLE article 1 is pretty clear. Article 2 the definition of: − the basic Honesty and justice contains the sense of awareness of its functions in an orderly construction services as well as responsible meet various obligations in order to obtain its rights. − Basic Benefits contain the notion that all activities of construction services should be implemented based on the principles of professionalism within the skills and responsibility, efficiency and effectiveness that can guarantee the realization of value added that is optimal for the parties in implementing construction services, and for the national interest. − Basic Harmony contains a sense of harmony in the interaction between service users and service providers in 11 penyelenggara environmentally construction work to produce products of high quality and useful. − Basic Balance contains the notion that the Organization of the construction work should be based on the principle that ensures the realization of balance between the ability of the service provider and the workload. Service users in setting mandatory service providers adhere to this principle, to ensure the election of the most appropriate service providers, and on the other hand can give the proportional equity opportunities in the opportunity to work on the service provider. − Basic Self-sufficiency contains the sense of growing and development of national construction services competitiveness. − Basic Disclosure contains the sense of availability of information that can be accessed, thus providing opportunities for the parties, the realization of the transparency in the Organization of construction work which allows the parties to be able to carry out the obligations of optimally and certainty of rights and to acquire it as well as possible to the correction so as to avoid the existence of various flaws and irregularities. − Basic Partnership contains understanding working relationship of the parties in the harmonious, open, reciprocal and synergistic in nature. − Basic security and safety contain notions satisfy orderly organization of construction services, security, the environment and safety, as well as the utilization of the results of construction work by remaining attentive to the interests of the public. Article 3 is quite clear. Article 4 is quite clear.

24 Article 5 is quite clear. Article 6 is quite clear. Article 7 is quite clear. Article 8 is quite clear. Article 9 is quite clear. Article 10 is quite clear. Article 11 is quite clear. Article 12 is quite clear. Article 13 paragraph (1) is the individual person is a citizen, either Indonesia or foreign. Paragraph (2) restrictions on jobs that can be done by the individual are meant to provide protection against the parties or community over the risks of the construction works. Paragraph (3) is quite clear. Subsection (4) is quite clear. Article 14 is quite clear.

25 Article 15 letter a in question meets the provisions of the licensing in the field of construction services is that a business entity engaged in the field of construction services have met the requirements to earn IUJK. The letter b is a business entity Certificate of construction service development institution (LPJK) is proof of recognition in the determination of the classification and qualifications upon the competence and capabilities in the field of construction service business of construction service development institution (LPJK). Article 16 is quite clear. Article 17 is clear enough. Article 18 paragraph (1) with this approach are expected to materialize the restructuring of the field construction conducive business efficiency efforts due to the ability of the service provider either in scale or business qualification effort will co-exist in a synergistic and complementary partnership, because the mutual need that in relationship transaksionalnya enshrined equality in rights and obligations. Paragraph (2) In the enterprise development made possible the growth of services, among others, in the form of project management, construction management and other forms in accordance with the demands of the world and the growth of construction services. Paragraph (3) is quite clear.

26 article 19 is quite clear. Article 20 is quite clear. Clause 21 is quite clear. Section 22 is quite clear. Article 23 is quite clear. Article 24 is quite clear. Article 25 is quite clear. Article 26 is quite clear. Article 27 is quite clear. Article 28 is quite clear. Article 29 is pretty clear. ADDITIONAL SHEET No. 13 KEBUMEN REGENCY AREA

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