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Regional Regulation Number 3 Of 2006

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2006

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GRESIK COUNTY GOVERNMENT

GRESIK COUNTY COUNTY REGULATION

NUMBER 3 2006

ABOUT

LIMITED LIABILITY GRESIK KEDHATON PROPERTY TINDO

WITH THE GRACE OF THE GOD ALMIGHTY

BUPATI GRESIK

Mentes: a. that to implement the provisions of Article 177 Invite-

invite Number 32 Year 2004 on Local Government,

where the area can form the Proprietary Entity

Regions (BUMD);

b. that Gresik County has economic, geographical potential,

stretegical natural resources to be managed and

developed in order to increase the Original Revenue

Area (PAD) and community welfare;

c. that with respect to the considerant intent of the letter a, and

letter b above, it is deemed necessary to set the legal framework

as the foundation for the establishment of the Limited Perseroan referred to

by forming the Limited Liability of the Gresik Kedhaton

Propertindo with Regional Rule.

Given: 1. Act Number 12 Year 1950 about the Establishment

District Areas in the Java Propinsi environment

East (State Sheet of the Republic of Indonesia in 1950

Number 19, additional State Sheet Number 09);

2. Law No. 2 of 1965 on Change of boundaries

Area of Kotapraja Surabaya and Regional Level II Surabaya

(State Sheet of the Republic 1965 year 1965 Number 19,

Additional State Sheet Number 2730);

1

3. Law Number 24 of 1992 on Settings

Room (sheet of State of the Republic of Indonesia in 1992

Number 115, Extra State Sheet Number 3501);

4. Act No. 1 of 1995 on Perseroan

Limited (State Sheet of the Republic of Indonesia in 1995

Number 13, Additional Gazette Number 3587);

5. Law No. 17 of 2003 on Finance

State (State Gazette of the Republic of Indonesia in 2003

number 47, Additional Gazette number 4286);

6. Law No. 10 Year 2004 on Establishment

Regulation of Law (Republican Gazette

Indonesia Tahun 2004 No. 53, Additional Gazette

Republic Indonesia Number 4389);

7. Law No. 15 Year 2004 On Examination

Managing And Financial Responsibility Of The State (Sheet

The State Of The Republic Of Indonesia 2004 Number 66, Additional

sheet of State of Indonesia Number 4400);

8. Law No. 32 Year 2004 on Government

Regions (State Sheet of the Republic of Indonesia of 2004

Number 13, Additional sheet of State of the Republic of Indonesia

No. 4437) as amended by Invite-

invite Number 8 of the Year 2005 on Rules of Regulation

Government of the Law No. 3 Act 2005

on Change Act No. 32 of 2004

about the Local Government being the Act

(sheet State of the Republic of Indonesia Year 2005 Number 108,

Additional sheet of State of the Republic of Indonesia Indonesia Number 4548);

9. Law No. 33 of 2004 on the Balance

Finance between Central and Regional Governments (Sheet

State of the Republic of Indonesia in 2004 No. 126, additional

sheet of state of the Republic of Indonesia No. 4438);

10. Government Regulation No. 26 of 1998 on

Use of the Name of Limited Use (State Sheet

Republic of Indonesia 1998 number 39 additional

sheet of state of the Republic of Indonesia Number 3740);

11. Regulations of the President of the Republic of Indonesia No. 67 Year 2005

on Government Cooperation with the Agency in

the provision of Infrastructure;

2

12. Government Regulation No. 58 of 2005 on

Area Financial Management (Republican Gazette

Indonesia In 2005 Nomor1140, Extra Sheet

Republic of the Republic of Indonesia Nomor4578);

13. Government Regulation No. 79 of 2005 on Guidelines

Coaching and Supervision Governing Government

Regions (Gazette Of The Republic Of Indonesia In 2005

Number 165, Extra State Sheet Of The Republic Of Indonesia

Number 4593);

14. State Minister's Law Number 3 of 1998 on

The Law Form of the Regional Property Agency;

15. Gresik County Regulation No. 19 In 2005

about the Regional Proprietary Entity (BUMD) (Area Sheet

Gresik County 2006 Number 6 Series D);

16. Gresik County Rule Number 20 of 2005

about the Regency Plan for Area Space (RTRW) Regency

Gresik (Leaf District Of Gresik County 2005

Number 2 Series E);

17. Gresik County Regulation No. 21 Year 2005

on Regional Government Cooperation and or the Agency

belonging to the Regions (BUMD) with other parties (Sheet Area

Gresik Regency 2005 Number 3 Series E).

With A Joint Agreement

THE PEOPLE REPRESENTATIVE COUNCIL OF GRESIK COUNTY

AND

BUPATI GRESIK

DECIDE:

SET: GRESIK COUNTY COUNTY REGULATION ON

PERSEROAN LIMITED GRESIK KEDHATON

PROPERTINDO

3

BAB I

provisions of UMUM

Article 1

In this Region Regulation referred to:

1. The area is Gresik County,

2. Local Government is the Regent and Regional Device

as an organizer of the Local Government;

3. The next Regional People's Representative Council, called

DPRD, is the District Regional People's Representative Council

Gresik;

4. Bupati is a Regent Of Gresik;

5. PT Restricted Gresik Kedhaton Property Tindo which

further abbreviated to PT Gresik Kedhaton Propertindo is

a Government-owned Enterprises (BUMD) Agency

Gresik Regency which has business activities is

management, industrial areas, warehousing, housing and

settlements;

6. The next Shareholders General Meeting is abbreviated

RUPS is the PT Gresik Shareholders General Meeting

Kedhaton Propertindo;

7. The Board of Commissioners is the Council of Commissioners PT Gresik Kedhaton

Propertindo;

8. The Chief Commissioner is the Main Commissioner of PT Gresik Kedhaton

Propertindo;

9. The Commissioner is Commissioner of PT Gresik Kedhaton Propertindo;

10. The Board of Directors is the Board of Directors of PT Gresik Kedhaton Propertindo;

11. Employee Is PT Gresik Kedhaton Property Tindo;

12. The Establishment Act is the Establishment Act of PT Gresik Kedhaton

Propertindo;

13. Shares are capital possession of PT Gresik Kedhaton

Propertindo that gives the right to deviden and others-lain;

BAB II

INTENT AND PURPOSE

Article 2

PT Gresik Kedhaton Propertindo established with intent and purpose

for:

4

a. Increase The Original Area Revenue;

b. Utilize and develop a geographic potential (region)

Artificial resources available in the area;

c. Enhance and expand the region's economy;

d. Expand the opportunity to try and field jobs in

community welfare order;

e. Establish a general benefit of provision

industrial areas, warehousing, housing and settlements

that are feasible and adequate for community fulfillment;

f.

CHAPTER III FORMATION

Article 3

1) With the Regulation of the Region is formed PT Gresik Kedhaton

Propertindo.

2) The Regents are authorized to process the establishment of PT Gresik

Kedhaton Propertindo as referred to in paragraph (1)

in accordance with applicable law provisions.

3) In the operational PT Gresik Kedhaton Property

as referred to in paragraph (1) is subject to all

the legal provisions regarding the Limited Perseroan.

CHAPTER IV PLACES

Article 4

PT Gresik Kedhaton Propertindo located and headquartered

in Gresik as the Capital of Gresik County and can open

Branch Office, Associate and Representative Branch in order

expand the effort set by the Directors.

CHAPTER V EFFORTS

Section 5

To achieve the intent and purpose as intended in

Article 2, PT Gresik Kedhaton Propertindo will do:

5

a. Services and Production efforts include Development and

Management Of Industrial Areas, Trade, Housing and

Settlements.

b. Cooperation with the Regional/State Property Agency

(BUMD/BUMN) and or the Private Business Agency (investor) that

moves in an Industrial Area Management effort,

The warehouse, Housing and Settlements;

c. Other efforts related to. Area Management

Industry, Trade, Housing and Settlement.

BAB VI

BOARD COMMISSIONER

Article 6

(1) The Board of Commissioners is composed of a Principal Commissioner and

at most 2 (two) Commissioners who meet

requirements as set forth in the applicable

regulations.

(2) The Board of Commissioners is appointed and dismissed by RUPS

of the candidates submitted by shareholders for

a term of 5 (five) years, and may be reappointed.

(3) The Authority and The commissioner's obligation is specified in

Basic Budget.

(4) Tata's way of candidacy, appointment and dismissal

the commissioner is set in the Basic Budget, without diminuating

the rights of shareholders in the nomination.

(5) For the first time the commissioning of the commissioners was performed

by listing the composition and name of the commissioner in

The Establishment of the Establishment as set forth in the rules provisions

the applicable perInvitation.

BAB VII

DIRECTORS

Article 7

(1) PT Gresik Kedhaton Property is led by the Board of Directors, which

consists of a Principal Director and at most 3 (three)

people of the Director who meet the requirements as set

in the applicable laws.

6

(2) Directors are appointed and dismissed by the RUPS of the candidate-

the proposed candidate holder for a term of 5

(five) years and may be reappointed.

(3) the Nominating Way, appointment, and nomination of the candidate for the term of the third party. stop

A member of the Board of Directors is set in the Basic Budget, without reducing

Shareholder rights in the nomination.

Article 8

For the first time, the Board of Commissioners and Directors PT Gresik

Kedhaton Property, lifted by the regent.

BAB VIII

WORKFORCE

section 9

(1) Employees are appointed and dismissed by the Directors pursuant to

the provisions of the applicable Laws;

(2) The rights and obligations of the employees are governed by the Board of Directors

The Council ' s approval Commissioner as per the rules

applicable laws with regard to

the ability of PT Gresik Kedhaton Propertindo.

BAB IX

CAPITAL, SHARES AND DEVIDEN

Article 10

(1) Basic Modal PT Gresik Kedhaton Propertindo consists of

the whole nominal value of the shares.

(2) The capital inclusion is done by the Gresik County Government

as well as Third Parties to the provision that most

or the bulk composition of the capital is owned by the Government

Regency Gresik.

(3) Terms on the application of PT Gresik Kedhaton

Propertindo is set in the Basic Budget including provisions

regarding base capital, placed capital and capital

which is tuned in accordance with regulatory provisions

applicable

7

Article 11

(1) Modal PT Gresik Kedhaton Propertindo as

referred to in Article 10 is specified with the composition

as follows:

a. The base capital is Rp 20,000.000.00 (Twenty million

rupiah).

b. Capital was placed at least 25% (twenty-five

percent) of the base capital.

c. Capital is allocated at least 50% (fifty percent) of

capital placed.

(2) Capital planting on PT Gresik Kedhaton Propertindo by

The Government of Gresik Regency is set through the Budget

Revenue and Shopping Section.

(3) The basic capital change as referred to in paragraph (1)

is further set by the RUPS in accordance with regulatory provisions

applicable laws.

Section 12

Terms and Conditions regulations on the shareholders list,

interest in shares and duplication stock is set in

its own regulations by RUPS with regard to the provisions

applicable laws.

Article 13

Composition of the use of funds from the acquired deviden over

Capital cultivation by Gresik County Government on PT

Gresik Kedhaton Propertindo including the tuned for

The Local Original Revenue (PAD) will be governed through the Regulation

Regent.

BAB X

SHAREHOLDERS GENERAL MEETING

Article 14

(1) RUPS is the highest power;

(2) the RUPS is made up of the annual RUPS and other RUPS;

8

(3) Directors host annual RUPS and other RUPS;

(4) RUPS is held at least once a year;

(5) the annual RUPS is held in the slowest time of 6 (six)

months after the book year expires;

(6) Other RUPS may be held at any time.

needs;

(7) RUPS is led by one of the Commissioners;

(8) The RUPS decision is based on deliberations for

mufakat with Pay attention to the rules

applicable laws;

(9) The layout of the RUPS is set by RUPS,

with the guideline on the Basic Budget of PT Gresik Kedhaton

Propertindo.

BAB XI

YEARS OF BOOKS, WORK AND BUDGET PLANS

Article 15

(1) The Year of the book PT Gresik Kedhaton Propertindo is the year

takwin.

(2) The Work and Budget Plan is submitted by Directors most

slow 3 (three) months before the budget year ends for

gets the Board of the Commissioners ' approval and is passed through

RUPS.

(3) The Concern of the Work and Budget Plan as

referred to in paragraph (2) must be exercised at all times-

The delay of 1 (one) months before the book year ends.

Article 16

(1) On each year book ends, created a report containing:

a. Annual calculations consisting of the balance sheet end of the book year

the past and the calculation of the profits from the book year

in question and explanation for the document;

b. The combined balance sheet of PT Gresik Kedhaton Propertindo

alongside the balance sheet of each unit of effort;

c. Report on state and road PT Gresik Kedhaton

Propertindo as well as the results that have been achieved;

9

d. The main activities of PT Gresik Kedhaton Propertindo and

change during the year of the book;

e. Details of the problem arising during the year of the book that

affect the activities of PT Gresik Kedhaton Propertindo;

f. The name of the Commissioner, the Directors and;

g. Salary and other benefits for members of the Board of Directors and Commissioners.

(2) The slowest within 5 (five) months after the year of the book PT

Gresik Kedhaton Propertindo closed, the Directors compiled a report

annual to be filed on the RUPS.

BAB XII

REPORTING

Section 17

(1) The Form and Contents of the Financial Limited Perseroan Report are mandatory

comply with the provisions of the laws that

apply;

(2) The mandatory running period financial report is conscripted and

delivered to the Board of Commissioners at least 3

(three) months in accordance with the regulatory provisions

applicable perinvitations;

(3) Financial Reports for the purpose of mandatory disclosure requirements

adjusted to the provisions The

applies.

BAB XIII

MERGE, SMELTER AND TAKEOVER

Article 18

(1) The merged, smelting and takeover of PT Gresik

Kedhaton Propertindo is set by RUPS;

(2) Tata means of incorporation, smelting and takeover of PT

Gresik Kedhaton Propertindo as referred to in paragraph

(1), in accordance with applicable laws and

poured in the Budget Base.

10

BAB XIV

DISSOLUTION AND LlKUIDASI

Article 19

(1) PT Gresik Kedhaton Propertindo may be dissolved by:

a. The decision of the Shareholders General Meeting (RUPS);

b. The term of establishment specified in the Budget

Base has expired;

c. A court ruling that has the force of law

remains.

(2) The dissolution and liquidation of PT Gresik Kedhaton Propertindo

is set by RUPS and the Court of Justice which

has a fixed legal force.

(3) Tata's disbandment and liquidation of PT Gresik Kedhaton

Propertindo as is referred to (1) and (2) as

the terms of the applicable laws and

are poured in the Basic Budget.

BAB XV

SUPERVISION

Article 20

Control of the policy of Directors in running and managing

PT Gresik Kedhaton Propertindo is performed by the Board of Commissioners

under the provisions of the laws that

apply.

BAB XVI

LAIN-LAIN

Article 21

Things that have not been set in this Regional Regulation as long

concerns PT Gresik Kedhaton Propertindo will set

in the Basic Budget and Decision of RUPS.

11

BAB XVII

provisions CLOSING

Article 22

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

So that everyone knows it, ordering the invitters

Rules This area with its placement in the Sheet

Gresik county area.

specified in Gresik

on August 7, 2006

BUPATI GRESIK

TTD

Drs. -KH. ROBBACH MA ' SUM, MM.

in Gresik

On August 7, 2006

COUNTY REGIONAL SECRETARY G R E S I K

TTD

Drs. HUSNUL KHULUQ, MM

Pembina Tk. I NIP. 131 901 822

LEAVES THE 2006 GRESIK COUNTY AREA NUMBER 3

12

EXPLANATION

TOP

REGULATION OF GRESIK COUNTY COUNTY

NUMBER 03 IN 2006

ABOUT

PERSEROAN LIMITED GRESIK KEDHATON PROPERTY TINDO

I. GENERAL EXPLANATION

The Gresik County Government in the Mid-Term Development Plan

Medium (RPJM) Gresik Regency 2006-2011 has some

strategic and urgent priority programs and programs in order

increased PAD that requires considerable funds, but with

looking at the limitations of Development in Gresik County APBD,

then the Gresik County Government is prosecuted for more observable, creative and innovative

in Looking at potential exhums and trying to find a solution or

appropriate alternatives, to seek source and financing for development,

at once in anticipation of regional economic development and

regionally especially in the global era casings.

That geographical conditions Gresik County is a region that

borders the city of Surabaya Metropolitan Area (SMA) as well as having

a potential Natural Resources and Artificial Resources potential then

needs to be optimally empowered for provide community welfare

regions through increased Original Revenue The area. In order to anticipate the

meant concrete action required in setting, processing

establishment of an area owned enterprise in the form of a Limited Perseroan i.e. PT

Kedhaton Propertindo with the business activities of Development and

Management as well as other efforts related to Industrial Area,

The warehouse, Housing and Settlement.

The relationship with that to increase the Original Revenue

Regions as well as developing the regional economy and giving the opportunity

the business field then the Government Gresik County needs to form

Limited Perseroan Kedhaton Propertindo by pouring it in

Regional Regulations.

II. EXPLANATION OF ARTICLE BY ARTICLE

Article 1 s/d 22: Definitely

ADDITIONAL GRESIK COUNTY COUNTY SHEET NUMBER 3