Key Benefits:
SHEET COUNTRY INDONESIA
No. 11, 2017 DEVELOPMENT. Construction. A service. Revocation. (EXPLANATION IN ADDITION OF THE STATE SHEET OF THE REPUBLIC OF INDONESIA NUMBER 6018)
THE LAWS OF THE REPUBLIC OF INDONESIA
NUMBER 2 YEAR 2017
ABOUT
CONSTRUCTION SERVICES
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT REPUBLIC OF INDONESIA,
TO DRAW: a. that national development aims to
realize the fair and prosperous society that
based on Pancasila and the Country Basic Law
Republic of Indonesia in 1945;
b. that the construction services sector is an activity
society embodied building that functions
as a supporter or infrastructure of social activity
the correctional economy in order to improve its
development goals national;
c. that the hosting of construction services must guarantee
order and legal certainty;
d. that Law Number 18 of 1999 on
Construction services have not been able to meet the demands
good governance needs and dynamics
the development of construction services;
e. that based on considerations as
referred to in letters a, letter b, letter c, and letter d
need to form an Act on Services
Construction;
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Given: Article 20 and Article 21 of the Constitution of the Republic of the Republic of the Republic
Indonesia in 1945;
With the Joint Agreement
THE PEOPLE REPRESENTATIVE COUNCIL OF THE REPUBLIC OF INDONESIA
AND
PRESIDENT REPUBLIC OF INDONESIA
DECIDED:
SET: A LAW ON CONSTRUCTION SERVICES.
BAB I
provisions of UMUM
Article 1
In this Act referred to as:
1. Construction Services is a construction consultancy services service
and/or construction work.
2. Construction Consulting is the overall service or
part of the activities that include studies, planning,
design, supervision, and management
the construction of a building.
3. Construction Work is the whole or partial
activities that include construction, operation,
maintenance, demolition, and rebuilding
a building.
4. Building Provisioning Effort is the development of the type
a self-financed construction service effort by the Government
Center, Local Government, business entity, or society,
and can go through a pattern of cooperation to realize,
owns, controls, endeavour, and/or
increase the building's benefit.
5. A Service User is an owner or job holder who
uses the Construction Services service.
6. The Services Provider is a Construction Services service provider.
7. Subprovider Services is the Construction Services service provider
to the Services Provider.
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8. Construction Work Contract is the entire document
a contract that governs the legal relationship between the User
Services and Services Providers in the hosting of the Services
Construction.
9. Security, Safety, Health, and
Sustainability are the technical technical guidelines,
safety, construction workplace health, and
social protection of the workforce, as well as the environment
local and the Environment management in
hosting the Construction Services.
10. Building failure is a state of collapse
building and/or not functioning building after
final submission of Construction Services results.
11. An Entity certificate is a proof of recognition
against the classification and qualification of the body's ability
Construction services efforts include equalization results
the capability of the foreign Construction Services business entity.
12. Work Competency certification is the granting process
certificate of competence through competency test in accordance with
the standard Indonesian national work competency, standard
international, and/or special standard.
13. The certificate of the work competency is a proof of recognition
of the construction workforce competence.
14. A list of individual Business Lines is a permit that
is given to a person's effort to
organize a Construction Services event.
15. The next Construction Services license is called Permission
Effort is the permission granted to the business agency
to host the Construction Services activities.
16. The Central Government is the President of the Republic of Indonesia which
holds the power of the Republican state government
Indonesia assisted by the Vice President and ministers
as referred to in the Basic Law
The State Republic of Indonesia in 1945.
17. Local government is the head of the region as an element
organizer of the ruling region's government
implementation of government affairs
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autonomous region authority.
18. The Minister is the minister who organizes affairs
governance in the field of Construction Services.
BAB II
ASAS AND PURPOSE
Article 2
The Constructions of Construction Services are based on asas:
a. honesty and justice;
b. benefits;
c. equality;
d. hunts;
e. balance;
f. professionalism;
g. Independence;
h. openness;
i. partnership;
j. security and safety;
k. freedom;
l. sustainable development; and
m. environment insight.
Article 3
The Construction Services Constructions aim for:
a. provide the growth and development direction of the Services
Construction to realize a strong,
reliable, high saing enterprise structure, and the quality of the Construction Services
quality;
b. embody the order of the Construction Services
which guarantees equal status between the Users
Services and Services Providers in exercising the rights and
obligations, as well as improving compliance according to
the provisions of Rules of negotiations;
c. realize an increase in community participation
Construction services;
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d. configuring the Construction Services system capable of realizing
public safety and creating comfort
the environment is awakened;
e. guarantee the governance of the Construction Services which
is good; and
f. created a value integration of added value of the entire stage
hosting the Construction Services.
BAB III
THE RESPONSIBILITY AND AUTHORITY
Section Parts
Responsibility
Section 4
(1) The Central Government be responsible for:
a. increasing capabilities and capacity of the service efforts
national constructions;
b. the creation of a conducive business climate,
hosting a transparent Construction Service,
a healthy business competition, and equality guarantee
the rights and obligations between the Service Users and Providers
Services;
c. The Construction Services are compatible with the
Security, Safety, Health, and
Continuation Standards;
d. increasing competency, professionality, and
national construction workforce productivity;
e. the increasing quality of material usage and
construction equipment as well as the interior construction technology
country;
f. increasing the participation of the Construction Services community;
and
g. the availability of the Construction Services information system.
(2) The responsibility as referred to in paragraph (1)
is exercised by the Minister, coordinating with the minister
related technical.
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Second Section
Authorization
paragraph 1
The authority of the Central Government
Section 5
(1) To achieve the goal as contemplated in
Article 4 paragraph (1) letter a, Government The center has
authority:
a. developing the Construction Services business structure;
b. develop a service business requirements system
Construction;
c. organizes the services business entity registration
Construction;
d. hosting accreditation for corporate associations
Construction services and associated associations with
post-Construction Services market;
e. host a license grant for the agency
that execues the business entity's certification;
f. develop a Construction Services post-service chain system;
g. developing a system of application and system
A Construction Services business model;
h. provide support and protection for the perpetrators
a national Construction Services effort in accessing
the international Construction Services market;
i. develop an orderly conduct oversight system of the Services
Construction;
j. host issuance of representative permissions
foreign ventures and Efforts Permit in the framework of planting
foreign capital;
k. hosting an orderly conduct oversight of the Services
Foreign Construction and the qualifying Construction Services of the qualifying
large;
l. host development of the services business service
Construction;
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m. collecting and developing information systems
related to the Construction Services market in the country
a potential for the construction of the Construction Services venture
national;
n. developing a partnership system between the service efforts
national and international constructions;
o. guarantee the creation of healthy competition in
Construction Services market;
p. developing a segmentation of the Construction Services market
national;
q. provide legal protection for the business offender
National Construction Services accessing the Services market
International Construction; and
r. conduct a business entity experience registration.
(2) To achieve the goal as intended in
Section 4 of the paragraph (1) letter b, the Central Government has
authority:
a. developing the Services Provider's selection system
in the establishment of the Construction Services;
b. developing a Construction Employment Contract that
guarantees equal rights and obligations between
Service Users and Services Providers;
c. encourages the use of alternative solutions
dispute hosting Construction Services in external
court; and
d. develop a Service Provider Provider's performance system in
hosting the Construction Services.
(3) To achieve the goal as intended in
Section 4 of the paragraph (1) letter c, the Central Government has
authority:
a. develop the Security, Safety,
Health, and Sustainability Standards in the staging
Construction Services;
b. hosting Standard implementation supervision
Security, Safety, Health, and
Sustainability in the holding and
utilization of Construction Services by the services business agency
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Construction;
c. organizes expert appraisal registration; and
d. establish an expert assessor in the event
The Building Failure occurred.
(4) To achieve the goal as intended in
Section 4 of the paragraph (1) letter d, the Central Government has
authority:
a. developing job competency standards and
Construction Services training;
b. empowering educational and training institutions
national construction work;
c. organizes construction workforce training
strategic and pilot;
d. developing a power competency certification system
construction work;
e. set minimal remuneration standards for power
construction work;
f. hosting certification system oversight,
training, and minimal remuneration standards for power
construction work;
g. organizes accreditation for the association of the profession and
a license for the certification institution of the profession;
h. hosted a construction workforce registration;
i. organizes professional experience registration
construction workforce as well as educational institutions and
work training in the construction field;
j. hosting workforce equities
foreign construction; and
k. forming a profession certification institution for
performing a competency certification task that
cannot be performed a profession certification agency that
is formed by a profession association or educational institution
and training.
(5) To achieve the goal as intended in
Section 4 of the paragraph (1) letter e, the Central Government has
authority:
a. developing material and equipment standards
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construction, as well as construction technology innovation;
b. developing a cooperation scheme between the institution
research and development and the entire stakeholder
of the Construction Services interest;
c. establishes priority technology development;
d. publishing construction materials and equipment
as well as domestic construction technology to all of
stakeholders, both national and
international;
e. establish and increase standard usage
material quality and equipment in accordance with Standard
National Indonesia;
f. protect intellectual property over materials and
construction equipment as well as construction technology results
research and development in the country; and
g. establishing a material pasok chain system, equipment,
and construction technology.
(6) To achieve the goal as intended in
Section 4 paragraph (1) the letter f, the Central Government has
authority:
a. Increase the participation of qualified people
and are responsible for the supervision
hosting the Construction Services;
b. improving the institutional capacity of the services community
Construction;
c. facilitating the hosting of the Construction Services forum
as a media aspiration of the Construction Services community;
d. provide financing support for the
hosting of the Work Competency; and
e. enhance the participation of qualified people
and be responsible for the Supply of Supply Effort
Building.
(7) The financing support as referred to in paragraph
(6) the d is done by considering
state financial ability.
(8) To achieve the goal as contemplated in
Section 4 paragraph (1) letter g, Central Government has
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authority:
a. develop a Construction Services information information system
national; and
b. collecting data and Construction Services information
national and international.
Section 6
(1) To achieve the goal as intended in
Section 4 of the paragraph (1) letter a, the governor as a representative of the Government
The Center in area has the authority:
a. empowering the Construction Services business entity;
b. hosting the supervision of the permit process
National Effort;
c. Organing an orderly conduct of the services effort
Construction in the province;
d. hosted a supervision of a pasok chain system
construction in the province; and
e. facilitate a partnership between the services agency
Construction in the province with an outside enterprise agency
province.
(2) To achieve the goal as referred to in
Section 4 of the paragraph (1) letter b, governor as a representative of the Government
The center in the area has the authority:
a. hosted provider selection oversight
Services in the holding of the Construction Services;
b. Organizes a Working Contract oversight
Construction; and
c. organizes an orderly conduct of the
and orderly utilization of the Construction Services in the province.
(3) To achieve the goal as contemplating in the
Section 4 of the paragraph (1) letter c, governor as a representative of the Government
The center in the area has the authority to host
oversight of the application of the Security Standards, Safety,
Health, and Sustainability in the holding and
The utilization of Construction Services by the services agency Services
Construction small and medium-sized qualifications.
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(4) To achieve the goal as referred to in
Section 4 of the paragraph (1) letter d, governor as a representative of the Government
The center in the area has the authority to host
oversight:
a. Job competency certification system;
b. construction workforce training; and
c. construction labor wage.
(5) To achieve the goal as intended in
Article 4 paragraph (1) letter e, governor as a representative of the Government
The center in the area has Authorization:
a. hosting material usage surveillance,
equipment, and construction technologies;
b. facilitate cooperation between research institutions and
development of the Construction Services with all
Construction Services stakeholders;
c. facilitate the development of priority technology;
d. hosting management oversight and
utilization of construction material sources; and
e. enhance the use of material quality standards and
equipment in accordance with the Indonesian National Standard.
(6) To achieve the goal as referred to in
Article 4 paragraph (1) the letter f, governor as a Government representative
The center in the area has the authority:
a. strengthen the institutional capacity of the services community
provincial Construction;
b. Increase the participation of the Construction Services community
which is qualified and responsible in
oversight of the Construction Services effort;
and
c. increasing the participation of the Construction Services community
qualified and responsible for the business
provisioning of the building.
(7) To achieve the goal as intended in
Section 4 of the paragraph (1) letter g, governor as a representative of the Government
The center in the area has authorization to collect data
and the Construction Services information in the province.
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Paragraph 2
Provincial Government Authority
Article 7
Province Area Government Authority on the sub-affairs of the Services
Construction includes:
a. the holding of the construction expert ' s workforce; and
b. host the scope of the scope of the scope Construction Services information
province area.
paragraph 3
District/city government authority
section 8
Government of the county/city authority on the sub-
affairs Construction services include:
a. hosting a construction skilled workforce;
b. hosting the scope of the scope of the scope Construction Services information
county district/kota;
c. issuance of small, medium,
and large qualifying national Business Permits Permit; and
d. Orderly, orderly conduct, and orderly conduct
utilization of the Construction Services.
Article 9
In exercising the authority referred to
in Article 5 to Section 8, the Central Government
and/or the Local Government may involve the services community
Construction.
Article 10
Further provisions regarding responsibility and
authority as referred to in Section 4 to
with Section 9 is set up in Government Regulation.
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BAB IV
Construction services venture
Part Kesatu
Structure of Construction Services Construction
Paragould 1
General
Article 11
The construction of the Construction Services effort includes:
a. type, nature, classification, and business services; and
b. the form and qualification of the effort.
Paragraph 2
Type, Nature, Classification, and Effort Services
Article 12
The type of Construction Services effort includes:
a. Construction Consulting Services;
b. Construction work effort; and
c. integrated Construction Employment effort.
Section 13
(1) The construction of the Construction Consulting services as
referred to in Article 12 of the letter a includes:
a. common; and
b. specialist.
(2) Classification of the nature Construction Consultancy service
general as referred to in paragraph (1) of the letter a among
another:
a. architecture;
b. engineering;
c. integrated engineering; and
d. landscape architecture and region planning.
(3) Classification of the services of the Specified Construction Consultancy Service
specialists as referred to in paragraph (1) letter b
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among others:
a. Scientific and technical consulting; and
b. testing and technical analysis.
(4) The business services that can be provided by the Consultancy services
The common constructions as referred to
in paragraph (1) of the letter a include:
a. Review;
b. planning;
c. design;
d. surveillance; and/or
e. construction of the construction.
(5) The business services that can be provided by the Consultancy Service
The specialist constructs as intended
in paragraph (1) the letter b includes:
a. survey;
b. technical testing; and/or
c. analysis.
Article 14
(1) The nature of the Construction Employment effort as referred to
in Section 12 of the letter b includes:
a. common; and
b. specialist.
(2) Classification of the common Construction Employment effort
as referred to in paragraph (1) the letter a includes:
a. building buildings; and
b. civilian building.
(3) Classification of the Specified Construction Employment
specialists as referred to in paragraph (1) letter b
among others:
a. installation;
b. special construction;
c. construction prapabrication;
d. the completion of the building; and
e. equipment rental.
(4) The business services that can be provided by the Job
Construction of the public as intended
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in paragraph (1) the letter includes:
a. development;
b. maintenance;
c. demolition; and/or
d. reconstruction.
(5) The business services that can be provided by the Work
The specialist constructs as intended
on the paragraph (1) letter b includes the work of a particular section
of the construction building or other physical forms.
Article 15
(1) Classification of the integrated Construction Employment effort
as referred to in Section 12 of the letter c includes:
a. building buildings; and
b. civilian building.
(2) The business services that can be provided by the Job
Integrated Construction as referred to in paragraph (1)
includes:
a. Design builds; and
b. Execution, procurement, and execution.
Section 16
Changes in the classification and services of the Construction Services venture
as referred to in Section 12 to Section 15
done with regard to change Product classification
International applicable construction and development
Construction services business service.
Section 17
(1) Construction Services business activities are supported with the effort
the resource pasok chain construction.
(2) The construction resource as referred to in paragraph
(1) takes precede derived from domestic production.
Article 18
Further provisions regarding the type, nature, classification, service
effort, change over classification and business services, and efforts
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the supply chain of the construction resources as intended
in Section 11 to Section 17 is set in Regulation
Government.
Paragraph 3
Form and Qualification Effort
Section 19
Construction Services Construction shaped individual business venture
or business entity, whether legal or not
governing law.
Article 20
(1) The business qualifications for the business entity as referred to
in Section 19 consist of:
a. small;
b. medium; and
c. large.
(2) The qualifying qualification of the effort as referred to
paragraph (1) is exercised through an assessment of:
a. annual sales;
b. financial capability;
c. availability of construction workforce; and
d. ability in the provision of construction equipment.
(3) The business qualifier as referred to in paragraph (1)
determines the limitations of the business and segmentation capabilities
the Construction Services venture market.
(4) Further provisions Regarding the assignment of qualifications
The effort as referred to in paragraph (2) is set in
The Minister ' s Regulation.
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Second Section
Construction Services Market Segmentation
Article 21
(1) Individual persons business as referred to in
Article 19 and the small qualifying Construction Services business entity
as referred to in Section 20 of the paragraph (1) letter a
may only host the Construction Services on
the market segment that:
a. small risk;
b. Simple technology; and
c. small-cost.
(2) Individual business persons as referred to
paragraph (1) may only host jobs that
in accordance with the field of expertise.
Section 22
The middle-qualifying construction services business agency
as referred to in Article 20 of the paragraph (1) letter b only
may host the Construction Services on the market segment
which is:
a. Medium risk;
b. Madya technology; and/or
c. budget.
Section 23
The major qualifying Construction Services business entity as
referred to in Article 20 of the legal entity
and the business enterprise representative Foreign constructions can only
organize Construction Services on the market segment that:
a. large risk;
b. High-tech; and/or
c. Big budget.
Section 24
(1) In terms of hosting the Construction Services using
regional income and shopping budget as well as meet
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Small-risk criteria up to medium, technology
simple to madya, and small budget until
with moderate, provincial provincial government can make
special policies.
(2) Special Policy as referred to in paragraph (1)
includes:
a. the same operation with the service entity
Area Construction; and/or
b. use of the regional Services Subprovider.
Article 25
Further provisions regarding market segmentation as well as the criteria
risk, technology, and costs as referred to in Section
21 to Section 24 are set in Government Regulations.
Third Part
Construction Services Effort
Paragraph 1
General
Section 26
(1) Any individual persons effort as intended
in Section 19 shall provide services services
Construction mandatory has a List of Effort
Individuals.
(2) Any Construction Services business entity as
referred to in Section 19 that will provide the services
Construction services are required to have Business Permit.
Paragraph 2
Sign of the Individual Business and Business Permissions List
Section 27
Signs of the Personal Business List as referred to in
Article 26 of the paragraph (1) is provided by the Local Government
district/city to the individual people's efforts
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domiciled in its territory in accordance with regulatory provisions
laws.
Section 28
Effort permissions as massed in Section 26 paragraph (2)
provided by the county/city Local Government to
the governing body domiciled in its territory in accordance with
regulatory provisions It's
Section 29
(1) Business Permit and Sign of the Personal Business List apply
to carry out the Construction Services business activities in
the entire territory of the Republic of Indonesia.
(2) the county/city Local Government as
in Section 27 and Section 28 constitute the rules in
the area regarding Business Permit and the Permissions List
The individual.
Paragraph 3
Entity Certificate
Section 30
(1) Any business entity that works on the Construction Services
is required to have an Entity Certificate.
(2) The Entity Certificate as referred to in the paragraph
(1) is published through a certification and registration process
by the Minister.
(3) The Entity Certificate as referred to in the paragraph
(1) at least contains the following:
a. business type;
b. effort properties;
c. classification of the effort; and
d. attempt.
(4) To obtain the Entity Certificate as
referred to paragraph (1), the Construction Services business entity
apply to the Minister through the agency
Certification of the Established Business Agency by body association
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accredited efforts.
(5) The Accreditation as referred to in paragraph (4) is granted
by the Minister to the association of business entities that meet
requirements:
a. number and distribution of members;
b. Empowerment to members;
c. Democratic selection of the board;
d. means and amenities at the central and regional level; and
e. The execution of liability in accordance with the provisions
the rules of the negotiations.
(6) Any association of enterprise entities obtaining accreditation
is required to exercise the obligations set out in the Regulation
Minister.
(7) Further provisions regarding certification and registration
the business entity as referred to in paragraph (2) and
accreditation of the association of the business entity as referred to
in paragraph (4) is governed in the Regulation of the Minister.
Paragraph 4
Signs List of Experience
Section 31
(1) To gain recognition of the business experience, any
the business entity of the mid-qualifying Construction Services and
large must perform the experience registration to
Minister.
(2) The registration of experience as referred to in paragraph (1)
is evidenced by the list of experience.
(3) The list of the experience as referred to in verse
(2) is the least of the following:
a. job package name;
b. Services users;
c. year of job execution;
d. job value; and
e. Service Provider's performance.
(4) The experience registered to the list mark
experience as referred to in paragraph (3)
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is the experience of hosting the Construction Services
already through the handover process.
(5) Further provisions regarding experience registration
as referred to in paragraph (1) Set in
Minister Rule.
Fourth Quarter
Foreign Construction Services Business and Effort
Foreign Construction Services Individual
Article 32
Body of Foreign Construction Services or private enterprises
Foreign Construction services that will conduct the services effort
Construction in the Indonesian region required to form:
a. a representative office; and/or
b. Indonesian law enforcement agency through work
equally capital with the national Construction Services business entity.
Article 33
(1) The representative office as referred to in Article 32
the letter a mandatory:
a. the form of a business entity with an equivalent qualification
with a large qualifier;
b. have a representative permission of the Construction Services agency
foreign;
c. forming operations work with the business entity
The major qualifying national Construction Services which
has an Effort's Permit in each of the activities of the Services.
Construction in Indonesia;
d. employ more Indonesian labour
than any foreign workforce;
e. put the citizens of Indonesia as
the supreme leader of the representative office;
f. Emphasis on the use of materials and technology
within the country's construction;
g. have high, cutting-edge, efficient technology,
environment insights, as well as attention to the kearifan
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local;
h. carrying out the technology process; and
i. implement other obligations in accordance with the provisions
laws.
(2) A representative permit as referred to in paragraph (1) letter
b is provided by the Minister in accordance with the provisions of the rules
laws.
(3) operations cooperation as referred to in paragraph (1)
the letter c is performed with the principle of qualification equality,
service similarity, and risk of loan.
Article 34
(1) The provisions of capital cooperation as
referred to in Section 32 of the letter b is implemented in accordance
with the provisions of the laws.
(2) The Construction Services business entity set up in order
capital cooperation as referred to in Section 32
letter b must meet the major qualification requirements
as referred to in Section 20 of the paragraph (1) letter c.
(3) The Construction Services business entity set up in order
capital cooperation as referred to in paragraph (2)
is required to have Business Permit.
(4) Business Permit as referred to in paragraph (3) is granted
by Minister in accordance with regulatory provisions
legislation.
Section 35
Further provisions on granting representative permissions, tata
means of operation cooperation, and use of more power
Indonesian work, as referred to in Article 33 of the paragraph (1)
letter b, letter c, the letter d, and the granting of an Effort
as referred to in Article 34 of the paragraph (4) is set in
The Minister ' s Regulation.
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Fifth Section
Construction Services Development
Article 36
(1) Development of the construction of the Construction Services venture as
referred to in Article 12 can be done through Effort
The provision of the building.
(2) The provisioning effort of the Building as referred to
the paragraph (1) consists of building the Building Supply
and the Civil Building Supply Effort.
(3) The Building Supply Effort as referred to
paragraph (1) is financed through an investment sourced from:
a. Central Government;
b. Local Government;
c. enterprise entity; and/or
d. communities.
(4) Building Supplies permissions as
referred to paragraph (1) are conducted in accordance with the provisions
laws.
(5) Further provisions of the Supplied Effort
The building as referred to in paragraph (1) to
with paragraph (3) is set in the Presidential Regulation.
Section Sixth
Sustainable Effort Development
Section 37
(1) Each Construction Services entity must perform
continuous effort development.
(2) Sustainable business development as intended
in paragraph (1) aims for:
a. enhance a good business governance; and
b. have professional responsibilities include
the responsibility of the business entity against the community.
(3) Sustainable business development as intended
in paragraph (1) is organized by the business entity association
Services Construction.
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(4) Further provisions on the development of the effort
sustained as referred to in paragraph (1) are set
in the Ministerial Regulation.
BAB V
HOSTING CONSTRUCTION SERVICES
Part Kesatu
General
Section 38
(1) The Construction Services Act consists of
hosting the Construction Services venture and
hosting the Building Supply Venture.
(2) The services of the Services Construction as
referred to paragraph (1) can be worked on its own or
through the Contracting Services engagement.
(3) The hosting of the Building Provisioning Effort as
is referred to in paragraph (1) can be self-worked or
through the building provision agreement.
(4) Further provisions Regarding the implementation of
The Construction Services that are self-executed as
referred to in paragraph (2) and the staging of the Effort
The preparation of the Building as referred to in paragraph (3)
is set in the Presidential Ordinance.
Second Quarter
Construction Services Engagement
Paragould 1
Engagement of the Parties
Article 39
(1) The parties in the Construction Services engagement consist of:
a. Users of the Services; and
b. Services Provider.
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(2) Service Users and Services Providers as intended
in paragraph (1) consists of:
a. individual persons; or
b. (Body)
(3) The engagement of the Construction Services work relationship is conducted
based on the principle of healthy competition and can
be accounted for by scientifically.
Article 40
The provisions of the engagement among the parties
as referred to in Section 39 it applies to
the provisions of the governing laws
regarding the law of virginity unless otherwise specified in
This Act.
Paragraph 2
Service Provider Elections
Article 41
The Service Provider Elections may only be followed by the Services Provider
that meets the requirements as referred to in Article
26 to Section 34.
Section 42
(1) Service Provider Elections as referred to in
Article 41 which uses the source financing of
the State finances are done by means of tender or
selection, electronic procurement, appointment
directly, and direct procurement in accordance with
the provisions of the laws.
(2) Tender or selection as referred to in paragraph (1)
may be done via prequalifying, pascakuqualification,
and fast tender.
(3) The absence is electronically as referred to
paragraph (1) is a Service Provider's selection method that
is already listed in the catalog.
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(4) Direct designation as referred to in paragraph (1)
can be done in terms of:
a. Emergency handling for security and
community safety;
b. complex jobs that can only
be exercised by a very limited Service Provider
or can only be done by the rights holder;
c. work that needs to be kept secret that concerns
security and safety country;
d. small-scale work; and/or
e. Certain conditions.
(5) Direct Procurement as referred to in paragraph (1)
is done for the package with a certain value.
(6) Further provisions regarding certain conditions
as referred to in paragraph (4) the letter e and value
certain as referred to in paragraph (5) is set in
Government Regulation.
Section 43
(1) Service Provider Elections and Service Provider designation
in the engagement of the Construction Services work relationship
is done by considering:
a. fitness between the business and scope of the scope
job;
b. equality between business qualifications and workloads;
c. The performance of the Services Provider; and
d. experience producing similar construction products.
(2) In terms of the selection of the service provider service consultancy
Construction that uses construction labor
on an expert position, the Services User must
regard for minimal remuneration standards.
(3) The minimum remuneration standard as referred to
paragraph (2) is specified by the Minister.
Section 44
The Service User as referred to in Article 39 of the paragraph (2)
prohibited from using affiliated Services Provider on
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building for public interest without going through tender
or selection, or electronic procurement.
Article 45
Further provisions regarding the Provider of Services selection and
the designation Service Provider in the Construction Services work relationship
as referred to in Section 41 to Section 44
is set in Government Regulation.
Paragraph 3
Construction Employment Contract
Article 46
(1) Working relationship settings between the Services User and
The Services Provider must be poured in Working Contract
Construction.
(2) The Form of the Construction Work Contract may follow
the development of needs and is executed in accordance with
the provisions of the laws.
Section 47
(1) The least Construction Work Contract must include
a description of:
a. The parties, it contains clearly the identity of the parties;
b. work formulas, containing a clear description and
in detail about the scope of work, job value, price
units, lumsums, and time limits of execution;
c. times of time, loading about the term
execution and maintenance that is the responsibility
answer the Services Provider;
d. equivalent rights and obligations, including User entitlements
Services for obtaining the Construction Services results and
its obligation to meet the provisions that
promised, as well as the Services Provider's rights to
obtain information and Service rewards and
obligations implement the Construction Services service;
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e. use of the construction workforce, loading
the liability of hiring construction workforce
certified;
f. the way of payment, load the provisions of
the Service User's obligations in performing
payment of the Construction Services service results, including
in it assurances of the payment;
g. Default, loading the provisions of the liability
answer in the case of one of the parties does not implement
obligations as promised;
h. dispute resolution, load the provisions of
set the way of dispute resolution due to
disagreements;
i. Construction of Construction Contract termination, loading
provisions of Job Contract termination
Construction arising out of which it is unable to comply
obligations of one of the parties;
j. force compels, containing provisions about
events arising out of will and capabilities
the parties that pose a loss for the wrong
one party;
k. Building failure, loading the provisions of
the service provider's obligations and/or its services users
The failure of the Building and the term
The liability of the Building Failure;
l. worker ' s protection, contains provisions about
the obligations of the parties in the conduct of safety
and the work health as well as social security;
m. The third party's protection against the parties
and the worker, load the parties ' obligations in the matter
occurred an event that caused a loss
or caused an accident and/or death;
n. environmental aspects, loading the parties ' obligations
in fulfillment of the provisions of the environment;
o. a guarantee of the risks arising and responsibility
the laws to the other party in execution
Construction work or the aftermath of the Failure
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Building; and
p. Construction dispute resolution options.
(2) In addition to the provisions as referred to in paragraph (1),
The Construction Employment Contract may contain the agreement of the parties
parties about the granting of incentives.
Article 48
In addition to It contains provisions as referred to in Article
47, Construction Employment Contract:
a. for the planning services service must contain provisions
about intellectual property rights;
b. for execution of the Construction Services service,
may contain provisions about the Services Subprovider as well as
suppliers of materials, building components, and/or equipment
that must meet the applicable standards; and
c. performed with a foreign party, loading liabilities over
technology.
Section 49
The provisions of the Construction Working Contract as
referred to in Section 47 apply also in the Working Contract
Construction between the Services Provider and the Services Subprovider.
Article 50
(1) Contract Construction work is made in Indonesian.
(2) In terms of the Construction Work Contract done with
foreign parties must be made in Indonesian and
English.
(3) In case of disputes with the parties foreign
as referred to in paragraph (2) used Contract
Construction work in Indonesian language.
Article 51
Further provisions regarding the Construction Work Contract
as referred to in Section 46 to Section 50
are set up with the Government Regulation.
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Third Section
Construction Services Management
paragraph 1
Services Provider and Services Subprovider
Section 52
Providers and Services Subproviders in the staging
Services Construction must be:
a. in accordance with the agreement in the contract;
b. meet the Security, Safety, Health,
and Sustainability Standards; and
c. prioritde Indonesian citizens as leaders
highest project organization.
Article 53
(1) In the hosting of the Services Construction, main job
may only be provided to the Services Subprovider which
is specialist as referred to in Section 13
and Section 14.
(2) The principal job grant to the Services Subprovider
specialists as specified in paragraph (1)
must get the User's approval Services.
(3) In the hosting of Construction Services, Services Provider
with medium and/or large qualifications
priorite to provide a support job
to Subprovider Services with small qualifications.
(4) Services Provider and the Subprovider of the Services are required to comply with the rights
and obligations as set forth in the Working Contract
Construction.
Section 54
(1) In the implementation of the Construction Services, Services Providers
and/or the Services Subprovider submit results
its work is precisely the cost, precise quality, and precise
time as set forth in Working Contract
Construction.
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(2) Service Provider and/or Services Subproviders who are not
submit their work results in a timely, appropriate
quality, and/or timely time as referred to
paragraph (1) may be subject to change the loss in accordance with
agreement in the Construction Employment Contract.
Paragraph 2
Construction Services Financing
Article 55
(1) The service user is responsible for the cost of the Services
Construction pursuant to deal in the Work Contract
Construction.
(2) Construction Services Charges referred to in paragraph (1)
may be sourced from the Central Government funds, Government
Regions, enterprise entities, and/or communities.
(3) The responsibility of the Construction Services charge as
referred to in paragraph (2) is evidenced by:
a. pay capability; and/or
b. commitment to the enterprise of the Construction Services product.
(4) The ability to pay as specified in paragraph
(3) the letter is attested with documents from the institution
banking and/or financial institutions instead of a bank,
document budget availability, or any other document that
is agreed upon in a Construction Employment Contract.
(5) Commitment of the Construction Services product
as referred to in paragraph (3) the letter b is supported
with warranty through the cooperation agreement.
Article 56
(1) In terms of responsibility for the cost of the Services Construction
is evidenced by the ability to pay as
referred to in Section 55 of the paragraph (3) letter a, the Service User
is required to perform payment for the submission of results
The services of the Services Provider is precisely the amount and right
time.
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(2) Service Users who do not guarantee availability of the cost and
do not carry out payment of the submission of results
The services of the Services Provider are precisely the amount and right
the time as referred to the paragraph (1) may be subject to
replace the loss in accordance with the agreement in the Contract
Construction work.
(3) In terms of responsibility for the Construction Services service
which is done through the commitment of the company
Construction Services products, Service Providers must know
the risk of commitment mechanisms At the service of the Services product
Construction and ensure product functionality is appropriate
with the provisions of the laws.
Section 57
(1) In the Service Provider's election as referred to
in Section 42, the Services Provider is providing warranty
to the Services User to fulfill the obligations
as required in the document election
The Provider of Services.
(2) Warranty as referred to in paragraph (1) consists of:
a. guarantee of an offer;
b. warranty of execution;
c. warranty of advance;
d. maintenance guarantee; and/or
e. an appeal guarantee.
(3) Warranty as referred to in paragraph (2) must be able
uncondunqualified and
within a certain time limit after the User statement
The services of the default The Services Provider.
(4) Warranty as referred to in paragraph (3) may
be issued by the banking institution, the insurance company,
and/or the sum of the bank in the form of the bank
the warranty and/or agreement is bound in accordance with
the provisions of the laws.
(5) Changes to assurances as referred to in paragraph
(2) are done with regard to dynamics
development of the construction of the Construction Services is good
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national and international.
(6) Further provisions on warranties as
are referred to in paragraph (1) and the changes to the warranty
as referred to in paragraph (5) are set in
Presidential Rule.
Fourth Quarter
Building Supply Agreement
Article 58
(1) Building Supply Effort as referred to in
Article 36 of the paragraph (1) can be self-worked or by the other party
another.
(2) In terms of work by other parties as
referred to in paragraph (1), hosting
Building supplies are conducted through the agreement
the provision of the building.
(3) The parties in the agreement the provision of the building
as referred to in paragraph (2) consists of:
a. first party as the building owner; and
b. the second party as the building provider.
(4) The parties as referred to in paragraph (3) are composed
up:
a. individual persons; or
b. Body.
(5) Building Supplies as referred to in paragraph (1)
may be performed through the Central Government
and/or Local Government with the business entity
and/or society.
(6) In the agreement provisioning of the building as
referred to paragraph (2), the construction of the Construction Services
must be performed by the Service Provider.
(7) Further provisions regarding the provisioning agreement
the building as referred to in the verse (2) is set
in the Presidential Regulation.
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BAB VI
SECURITY, SAFETY, HEALTH,
AND SUSTAINABILITY CONSTRUCTION
Part Parts
Standard Security, Safety, Health, and Sustainability
Article 59
(1) In every staging of the Construction Services, Users
Services and Services Providers are required to meet the Standard
Security, Safety, Health and Sustainability.
(2) In meeting the Security, Safety,
Health Standards Standards, and Sustainability as defined in
paragraph (1) Service User and/or Services Provider must
provide passage or approval of:
a. Review, planning, and/or design results;
b. Technical plans for development, maintenance,
dismantling, and/or redevelopment;
c. implementation of a construction process,
maintenance, demolition, and/or development
return;
d. material use, equipment and/or technology;
and/or
e. Construction Services service results.
(3) Security, Safety, Health, and
Sustainability as referred to in paragraph (1) the most
slightly include:
a. materials quality standards;
b. equipment quality standards;
c. standard safety and work health;
d. standard of Construction Services implementation procedures;
e. Quality standards for the construction of the Construction Services;
f. standard operating and maintenance;
g. Workforce social security guidelines in
implementation of the Construction Services in accordance with the provisions
the laws of the laws; and
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h. The standard environment management standard is consistent with
the provisions of the laws.
(4) Security, Safety, Health, and
Continuation for any Construction Services product
as referred to in paragraph (1) governed by the minister
technical related in accordance with its authority.
(5) In Draw up Security, Safety,
Health, and Sustainability for any Services product
Construction, related technical minister as intended
on paragraph (4) regard the subject-prone geographic conditions
quake and Environment comforts are awakened.
The Second Part
Building Failure
Paragraph 1
General
Section 60
(1) In the event of the staging of the Construction Services not
meets the Security, Safety, Health,
and Sustainability Standards as referred to in Section 59,
Services Users and/or the Services Provider may be
the party responsible for the Failure
Building.
(2) The failure of the Building as referred to in paragraph (1)
is set by an expert assessor.
(3) The expert Assessor as referred to in paragraph (2) is set
by the Minister.
(4) The Minister must specify an expert assessor in the most
slowest 30 (thirty) days of work since
received a report on the occurrence of the Failure
Building.
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Paragraph 2
Expert Assessor
Section 61
(1) Expert Assessor as referred to in Section 60 of the paragraph (2)
must:
a. have a Work Competency Certificate on the level
an expert position in the field in accordance with the classification
of the Failure building product
Building;
b. have experience as a planner, executor,
and/or supervisor on the Construction Services pursuant
with the experienced building product classification
Building failure; and
c. listed as expert assessor at the ministry which
organizes government affairs in the field
Construction services.
(2) The expert Assessor as referred to in paragraph (1)
has a duty among others:
a. establish a compliance level against Standard
Security, Safety, Health, and
Sustainability in the establishment of the Construction Services;
b. establish the cause of the Building Failure;
c. set the collapse level and/or not
function of the building;
d. establish the party responsible for
Building failure;
e. reported his assessment results to the Minister and
the agencies that issued the permit build, at least
lows of 90 (ninety) days of work since
date of execution of the task; and
f. provide policy recommendations to the Minister
in the course of the failure of the Failure
Building.
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Section 62
(1) In performing the duties referred to in
Section 61 paragraph (2) of the expert assessor may coordinate with
the relevant authorities.
(2) Expert Assessors referred to the paragraph (1) mandatory
working professionally and not being part of
one of the parties.
Article 63
The service provider is obliged to correct or correct the Failure
The building as referred to in Article 60 verses (1) that
due to the Provider of Services.
Section 64
Terms further regarding expert appraisal and assessment
The failure of the Building as referred to in Article 60
up to Article 63 is set in the Minister Rule.
Paragraph 3
Term and liability of failure Building
Section 65
(1) The Service Provider is required to be responsible for the Failure
Buildings within the specified timeframe
with the construction age plan.
(2) In terms of the construction age plan as
referred to in paragraph (1) of more than 10 (ten) years,
The Service Provider is mandatory be responsible for failure
Buildings in the longest period of 10 (ten)
years counting from the date of the final submission of the service
Construction services.
(3) The Services Users are responsible for the Failure
The building that occurs after a term that has been
is determined as referred to in paragraph (1) and paragraph
(2).
(4) The terms of the above liability term
The failure of the Building as referred to in paragraph (1)
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and paragraph (2) must be stated in the Working Contract
Construction.
(5) Further provisions of liability and
liability Provider's liability for failure
The building as referred to in paragraph (1), paragraph (2),
and paragraph (3) is governed in the Government Regulation.
Section 66
(1) Users of the Services and/or other affected by
The failure of the Building may report an occurrence
A failure of the Building to the Minister.
(2) Further provisions of the reporting order
occurrence of Building Failure as intended
in paragraph (1) is set in Regulation Minister.
Article 67
(1) The Service Provider and/or the Service User are required to provide
replace the loss in the event of Building Failure
as referred to in Section 65 of the paragraph (1), paragraph (2),
and paragraph (3).
(2) Further provisions regarding loss of damages
as referred to in paragraph (1) are set in
Government Regulation.
BAB VII
CONSTRUCTION WORKFORCE
Part Impresation
Classification and Qualification
Section 68
(1) The construction workforce is classified according to
the field of scholarship related to the Construction Services.
(2) The Construction workforce is made up of qualification in
office:
a. operator;
b. technician or analyst; and
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c. expert.
(3) Qualifying in the post as referred to in paragraph
(2) has the type in accordance with the provisions of the rules
legislation.
(4) Further provisions regarding classification and qualifications
construction workforce as referred to in paragraph
(1) and paragraph (2) are set in the Minister Rule.
Second Section
Workforce Training Construction
Section 69
(1) Construction workforce training is organized with
relevant, effective, and efficient work training methods
in accordance with the Standard Competency Standard.
(2) Training as referred to paragraph (1) is intended
to increase the work productivity.
(3) The standard competency framework for the Cloud Service is defined as the following:
(4) Construction workforce training as intended
on paragraph (1) is organized by educational institutions and
work training in accordance with regulatory provisions
laws.
(5) the education and job training institute as
referred to paragraph (4) is registered by the Minister.
(6) The Minister as referred to in paragraph (5) does
registration against the institution of education and training work
which has had the permission and/or accredited as appropriate
with the provisions of the laws.
(7) Further provisions regarding registration methods
education and job training institutes as
referred to in paragraph (5) are governed in the Ministerial Regulation.
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Third Part
Working competency certifications
Section 70
(1) Any construction workforce working in the field of Services
Construction mandatory has a Work Competency Certificate.
(2) Every Service User and/or mandatory Services Provider
employ a construction workforce that has
A Certificate of Work Competency as intended in
paragraph (1).
(3) The Work Competency Certificate as referred to
paragraph (1) is obtained through competency tests in accordance with
Standard Competency Competencies.
(4) The Work Competency certificate is referred to
paragraph (1) register by the Minister.
(5) The execution of the competency test as referred to
paragraph (3) is conducted by the certification institution of the profession.
(6) The certification institution of the profession as referred to
paragraph (5) is required to follow the the provisions of the test implementation
competency in accordance with the rules Invite-
invitation.
Article 71
(1) The institution of the certification of the profession as referred to in
Article 70 of the paragraph (5) may be set up by:
a. accredited profession association; and
b. Eligible educational and training institutions
terms in accordance with the provisions of the perinvite rules-
the invitation.
(2) Accreditation of the association of the profession as intended
in paragraph (1) the letter a given by the Minister to the association
the profession meets the requirements:
a. number and distribution of members;
b. Empowerment to members;
c. Democratic selection of the board;
d. means and amenities at the central and regional level; and
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e. The execution of liability in accordance with the provisions
the rules of the negotiations.
(3) The certification institution of the profession as referred to in
paragraph (1) is granted a license in accordance with the regulatory provisions
laws after receiving a recommendation from
the Minister.
(4) In terms of the profession certification of the profession as
referred to paragraph (1) for a particular profession has not been
formed, the Minister can perform the Competency certification
Work.
(5) Any association of professions that obtain mandatory accreditation
runs the obligations set out in the Regulation
Minister.
(6) More terms on the manner of accreditation
association of the profession as referred to in paragraph (2) and
the manner of the way the Minister does the Work Competency certification
as referred to in the paragraph (4) is set in
Minister Rule.
Fourth Quarter
Registration of Professional Experience
Article 72
(1) To gain recognition of professional experience,
any construction workforce must be registered
to the Minister.
(2) The Registrations as referred to in paragraph (1) are attested
with the professional experience list sign.
(3) The list of professional experience lists as
referred to the paragraph (2) at least contains:
a. a given professional service type;
b. construction job value associated with results
professional services;
c. year of job execution; and
d. Service User name.
(4) More terms on registration and layout
awarding the professional experience list
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as referred to in paragraph (1) and paragraph (2) is set
in the Minister Rule.
Fifth Section
Upah Labor Construction
Article 73
(1) Any construction power that have a Certificate
Competency is entitled to a deserved reward
a given service service.
(2) Decentable imposition as referred to in paragraph (1)
given in the form of wages in accordance with the provisions
laws.
Sixth Section
Foreign Construction Workforce
Article 74
(1) mandatory foreign construction workforce is required
a plan for foreign labor use and permission
employs foreign labor.
(2) Foreign construction workers may do the work
construction in Indonesia only on certain positions appropriate
with the provisions of the laws.
(3) The foreign construction workforce of an expert post to be
employed by the employers as referred to
on the paragraph (1) must have a registration letter from
the Minister.
(4) registration letters as referred to in paragraph (3)
are provided under the certificate of labor competence
foreign construction according to the laws of the country.
(5) Foreign construction labor on the office of a mandatory expert
execute knowledge and technology to
the companion workforce in accordance with the provisions
laws.
(6) Monitoring of the use of foreign construction labor
done by the employment watchdog in accordance with
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the provisions of the laws.
(7) More provisions on the registration method for
foreign construction workers as referred to
paragraph (4) is set in the Minister's Regulations.
The Seventh Section
Professed Responsibility
Section 75
(1) The construction workforce that provides services services
Construction must be professionally responsible
against its work results.
(2) Responsible professionals against the results
Construction services services may be executed through
the copying mechanism.
BAB VIII
COACHING
SECTION OF DECENCY
HOSTING COACHING
SECTION 76
(1) COACHING SERVICES ARE RESPONSIBLE
THE CENTRAL GOVERNMENT IS ORGANIZED THROUGH:
A. Construction of the Construction Services development policy
national;
b. Hosting services development policy
Construction strategic, cross-country, cross-country, and/or impact on the interests
national;
c. monitoring and evaluation of the host
national Construction Services development policy;
d. the development of cooperation with the Local Government
province in hosting the authority
as referred to in Article 7; and
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e. support to the governor as a representative of the Government
Center.
(2) Construction Services Coaching conducted by
the governor as a Central Government representative as
referred to in paragraph (1) the letter e is organized through:
a. the technical guidelines for the implementation of the Services policy
National constructions in the province region;
b. Hosting a Construction Services policy
cross-county/municipal impact in the province region;
c. monitoring and evaluation of implementation of policies
development of national Construction Services in the region
province; and
d. Administration of Local Government enablement
county/city in authority as
referred to in Section 8.
(3) Coaching that is the responsibility of the Government
The area as referred to in paragraph (1) performed by
the governor and/or bupati/mayor.
(4) Construction Services Coaching by Local Government in
district/city exercised through:
a. The implementation of the IBM Software as a Service (s) will be used for the following: monitoring and evaluation of the implementation of policy
National Construction Services in the district/city region.
Section 77
In carrying out the tamper as referred to in
Article 76, the Central Government may include the society
Construction services.
Second Section
Funding
Article 78
(1) Hosting coaching as intended in
Section 76 and the sub-affairs of the Construction Services that are
The Central Government's authority as intended
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in Section 5 and Section 6 is funded with the budget
state revenue and shopping.
(2) The sub-business of the Construction Services which becomes
the provincial Regional Government authority and the The government
district/city area as referred to in
Article 7 and Article 8 is funded with revenue budget
and regional shopping.
Third Section
Reporting
Article 79
(1) Governor reports hosting sub-affairs of the Services
Construction to the Minister who is a single unit
inseparable with the staging report
Provincial Local Government in accordance with the provisions
laws.
(2) The Regent and the mayor report the hosting of the sub-
Construction Services business to the governor who is
one unbreakable unity with the report
hosting the county/city Regional Government accordingly
with the provisions of the laws.
Fourth Quarter
Oversight
Article 80
The Central Government and/or Local Government pursuant to
its authority does the oversight of
the hosting of the Construction Services includes:
a. order of the Construction Services;
b. order and licensing of the building in accordance with
the provisions of the rules of the negotiations; and
c. Order of the utilization and performance of the Services Provider in
conduct the Construction Services.
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Article 81
In addition to conducting surveillance as referred to in
Section 80, the Central Government is conducting oversight of
the implementation of the Construction Services at:
a. the representative building of the Republic of Indonesia abroad; and
b. a foreign representative building in the region of Indonesia.
Article 82
Further provisions regarding coaching as
referred to in Article 76 up to Section 81 are set in
Government Regulation.
BAB IX
CONSTRUCTION SERVICES INFORMATION SYSTEM
Section 83
(1) To provide accurate data and information and
integrated in the establishment of Construction Services
is set up an integrated information system.
(2) The integrated information system as intended
in paragraph (1) contains data and information related
with:
a. the responsibility and authority in the Services field
Construction conducted by the Central Government and
The Local Government;
b. coaching duties in the Construction Services field that
conducted the Central Government and the Local Government;
and
c. service duties in the Construction Services field
performed by the construction services society.
(3) Each Services users and Services Providers and institutions
associated with the Construction Services must provide
data and information in the framework of coaching duties and
services as referred to in paragraph (2).
(4) The information system as referred to in paragraph (1)
is managed by the Central Government.
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(5) The necessary financing in the development and
maintenance of the integrated information system
as referred to in paragraph (1) is charged to
revenue and shopping budget country.
(6) Further provisions regarding information systems that
are integrated are set in the Minister's Regulations.
BAB X
PARTICIPATION OF THE PUBLIC
Section 84
(1) The provision of the Government's authority Center
as referred to in Section 5 includes
the services society Construction.
(2) The participation of the Construction Services community as
referred to paragraph (1) is carried out through one institution
formed by the Minister.
(3) The element of the institution's caretaker as referred to in verse
(2) can be proposed from:
a. accrued corporate association;
b. an accredited profession association;
c. the Construction Services user institution that meets
criteria; and
d. college or an expert meeting the criteria.
(4) In addition to the element as referred to in paragraph (3),
the administrator can be proposed from the associated association
an accredited construction pasok chain.
(5) The Replacement of the construction the institution as referred to in paragraph (3)
is set by the Minister after obtaining the consent
of the People's Representative Council.
(6) The association accredited as in
paragraph (3) is given by the Minister to the meeting
requirements:
a. number and distribution of members;
b. Empowerment to members;
c. Democratic selection of the board;
d. means and amenities at the central and regional level; and
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e. The execution of liability in accordance with the provisions
laws.
(7) Most of the rights performed by
the institution as referred to in paragraph (1) is financed
with the state budget and revenue budget and/or
other authorized sources in accordance with the provisions of the Agreement. regulations
laws.
(8) The expenses obtained from the public over the services in
the holding of the portion of the authority performed
the institution as referred to in paragraph (3) is
state acceptance is not a tax in accordance with the provisions
laws.
(9) The provisions of holding part of the authority
The Central Government that includes the services society
The construction and establishment of the institution as
is referred to in paragraph (1) and the paragraph (2) is set with
Minister Rule.
Article 85
(1) The public may participate in the supervision
hosting the Construction Services in the manner of:
a. access information and information related to
construction activities that impact the interest
society;
b. performing the complaint, lawsuit, and efforts
getting damages or compensation
against the impact inflicted by activities
Construction services; and
c. forming the association of professions and enterprise associations
in the Construction Services field in accordance with the provisions
laws.
(2) In addition to participating in oversight as
referred to paragraph (1), the public may also provide
input to the Central Government and/or Government
Regions in the formulation of the Construction Services policy.
(3) Public Participation is conducted in accordance with the provisions
laws.
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(4) Further provisions of complaint, lawsuit, and
attempt to recover damages or compensation
as referred to in paragraph (1) the letter b is set in
Government Regulation.
Section 86
(1) In the event of a public complaint as
referred to in Section 85 of the paragraph (1) the letter b will be
alleged crime and/or intentional breach
in the establishment of the Construction Services, process
legal examination of the Services User and/or
Service Provider Do not interfere with or
stop the process of hosting the Construction Services.
(2) In case there is a public complaint as
referred to in Section 85 of the paragraph (1) letter b associated with
loss country in the holding of the Construction Services,
The legal examination process can only be performed
based on the results of the examination of the state agencies
authorized to examine the management and liabilities
financial answers country.
(3) The provisions as referred to in paragraph (1) and paragraph (2)
is excluded in the event:
a. occurred missing person's life; and/or
b. caught hand doing criminal corruption.
Article 87
In addition to the community participation as
referred to in Article 85, community participation can be
conducted by the Community of Construction Services through the Services Forum
Construction.
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BAB XI
SETTLEMENT DISPUTE
Section 88
(1) Disputes occurred in the Construction Work Contract
is resolved with the basic principle of deliberation for
achieving the driving force.
(2) In the event of the parties ' deliberations as referred to
on the paragraph (1) may not reach an event,
the parties take the stage of the settlement effort
the dispute set forth in the Construction Employment Contract.
(3) In terms of dispute settlement efforts are not listed
in the Working Contract Construction as intended
in paragraph (2), disputed parties make an
written agreement on the resolution of the settlement
the dispute to be selected.
(4) The dispute settlement efforts as
referred to a paragraph (2) includes:
a. mediation;
b. conciliation; and
c. arbitration.
(5) In addition to a dispute settlement attempt as intended
in paragraph (4) the letters a and letter b, the parties can
form a dispute council.
(6) In terms of dispute settlement efforts are conducted with
forming a dispute council as referred to in
paragraph (5), dispute council membership election
is exercised on the principle of professionalism and not
being part of one of the parties.
(7) More provisions continue on the resolution of the dispute
as set forth in paragraph (1) is set in
Government Regulation.
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BAB XII
ADMINISTRATIVE SANCTION
Article 89
(1) Any attempt by a person who does not have a Mark
The Individual Business List as referred to in
Article 26 of the paragraph (1) An administrative sanction is included:
a. written warning;
b. administrative fines; and/or
c. termination of the services service activities
Construction.
(2) Any non-business entity and entity that is not
meets the obligation to have the Eligible Business Permit
in effect as referred to in Section 26 of the paragraph (2) and
Article 34 of the paragraph (3), subject to administrative sanction:
a. written warning;
b. administrative fines; and/or
c. termination of the services service activities
Construction.
Section 90
(1) Any business entity working on the Construction Services
does not have an Entity Certificate as
referred to in Section 30 of the paragraph (1) subject to the sanction
administrative is:
a. administrative fines;
b. Temporary termination of service activities
Construction; and/or
c. inclusion on the blacklist.
(2) Any business association that does not perform
obligations in accordance with the provisions of the perinvite regulations-
The invitation as referred to in Section 30 of paragraph (6)
is subject to administrative sanction:
a. written warning;
b. freezing of accreditation; and/or
c. revocation of accreditation.
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Article 91
Any foreign construction services venture or business entity
The foreign Construction Services personnel will perform
Construction Services efforts do not meet the conditions as
referred to in Section 32 is subject to administrative sanction:
a. written warning;
b. administrative fines; and/or
c. temporary termination of the Construction Services service activity.
Section 92
Any foreign business agency representative office that is not
execues the obligations as referred to in Article 33
paragraph (1) is subject to administrative sanction:
a. written warning;
b. administrative fines;
c. temporary termination of the Construction Services service activities;
d. The inclusion is in the blacklist;
e. freezing permission; and/or
f. clearance revocation.
Section 93
Any Service User using professional services
construction work on the qualifications of expert posts
which does not pay any notice of minimal remuneration standards
as referred to in Section 43 of the paragraph (2) subject to the sanction
administrative is:
a. written warning; and/or
b. Administrative fines.
Section 94
Any Service User that uses the Service Provider that
is affiliated to the development of a common interest without going through
tender or selection, or electronically procurement
as referred to in Section 44 of the sanctions
administrative is:
a. written warning; and/or
b. Temporary termination of the Construction Services service activities.
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Section 95
Any Service Provider that violates the provision provision
the principal job as referred to in Article 53 of the paragraph (1)
is subject to administrative sanction of:
a. written warning;
b. administrative fines;
c. temporary termination of the Construction Services service activities;
and/or
d. freezing permission.
Section 96
(1) Any Service Providers and/or Service Users that are not
meet the Security, Safety, Health,
and Sustainability Standards in the staging of the Construction Services
as referred to in Section 59 of the paragraph (1) subject to
administrative sanction:
a. written warning;
b. administrative fines;
c. temporary termination of service service activities
Construction;
d. The inclusion is in the blacklist;
e. freezing permission; and/or
f. revocation of the license.
(2) Any Service User and/or Service Provider in
provide passage or breach of breach
provisions as referred to in Section 59 of the paragraph (2)
are subject to administrative sanction:
a. written warning;
b. administrative fines;
c. temporary termination of service service activities
Construction;
d. The inclusion is in the blacklist;
e. freezing permission; and/or
f. Permission revocation.
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Article 97
Any expert assessor who in performing its duties is not
running the obligations as referred to in Section 62
paragraph (2) is subject to administrative sanction:
a. written warning;
b. assignment of tasks; and/or
c. removed from the list of egistrated experts.
Section 98
Service Providers do not meet the obligation to replace
or fix the Building Failure as referred to
in Section 63 subject to administrative sanction of:
a. written warning;
b. administrative fines;
c. temporary termination of the Construction Services service activities;
d. The inclusion is in the blacklist;
e. freezing permission; and/or
f. revocation.
Section 99
(1) Any construction workforce working in the field of Services
Construction does not have a Work Competency Certificate
as referred to in Article 70 of the paragraph (1) subject to
sanctions The administrative position is the rest of the
work.
(2) Any Service User and/or Services Provider
employ a construction workforce that does not have
The Certificate of Work Competency as referred to in
Section 70 of the paragraph (2) is subject to administrative sanction It is:
a. administrative fines; and/or
b. temporary termination of the services service activities
Construction.
(3) Any profession certification institution that does not follow
the provisions of the performance of the competency test as
referred to in Section 70 of the paragraph (3) are subject to the sanction
administrative be:
a. written warning;
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b. administrative fines;
c. freezing of license; and/or
d. Revocation of the license.
Article 100
Any association of the profession that does not perform the appropriate liability
with the provisions of the laws as
referred to in Article 71 of the paragraph (6) is subject to administrative sanction
is:
a. written warning;
b. Accreditation freezing; and/or
c. revocation of accreditation.
Section 101
(1) Any foreign construction workforce that
does not have a construction workforce plan
foreign and permit employ a foreign construction workforce
as referred to in Article 74 of the paragraph (1) and
employ a foreign construction workforce which is not
has a registration from the Minister as intended
in Section 74 verse (3), subject to administrative sanction
is:
a. written warning;
b. administrative fines;
c. temporary termination of the services service activities
Construction; dan/or
d. inclusion in blacklist.
(2) Any foreign construction workforce in an expert position that
does not carry out the obligation of knowledge and control
The technology as referred to in Section 74 of the paragraph (5)
is subject to Administrative sanction is:
a. written warning;
b. administrative fines;
c. termination of work; and/or
d. The inclusion on the blacklist.
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Article 102
Further provisions on the manner of sanction imposition
administrative as referred to in Article 89 to
with Section 101 is set up in Government Regulation.
BAB XIII
TRANSITIONAL provisions
Article 103
Institutions set up under the rules of execution of
Act Number 18 of 1999 on Construction Services
(sheet of State of the Republic of Indonesia Year 1999 Number 54,
Additional Republic of Indonesia State Sheet Number 3833),
keep running The certification task and registration of the business entity
and the construction workforce up to the formation
the institution as referred to in this Act.
BAB XIV
PROVISIONS
ARTICLE 104
AT THE TIME This Act goes into effect:
a. All laws that are
enforcement regulations of Act Number 18
Year 1999 on Construction Services (State Sheet
Republic of Indonesia 1999 No. 54, Supplement
sheet of state Republic of Indonesia No. 3833),
stated that it still remains in effect at all times
contrary to the provisions of this Act;
and
b. Act No. 18 of 1999 on Services
Construction (State Gazette of the Republic of Indonesia of the Year
1999 Number 54, Additional Gazette Republic of State
Indonesia Number 3833), revoked and declared no
applicable.
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Section 105
The implementation rules of this Act must
at most times 2 (two) years count since the Invite-
Invite is promultable.
Section 106
This Act start to apply at the date of the invitation.
So that everyone knows it, ordered
inviters of this Act with its placement
in the State Sheet of the Republic of Indonesia.
Passed in Jakarta
on January 12, 2017
PRESIDENT OF THE REPUBLIC OF INDONESIA,
ttd.
JOKO WIDODO
Diundrased in Jakarta
on January 12, 2017
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd.
YASONNA H. LAOLY
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