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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);
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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;
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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:
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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:
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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.
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(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
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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;
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(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;
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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.
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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.
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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
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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