national construction services development board number: 1 of

Transcription

Authorized Translation
NATIONAL CONSTRUCTION SERVICES DEVELOPMENT BOARD
NUMBER: 1 OF 2015
ON
REGISTRATION OF FOREIGN CONSTRUCTION SERVICES ENTERPRISE
BY THE GRACE OF GOD ALMIGHTY
THE NATIONAL CONSTRUCTION SERVICES DEVELOPMENT BOARD
Considering
:
a. that in accordance with Article 28, paragraph 1 of
Government Regulation Number 92 of 2010 on the
second amendment to the Government Regulation
Number 28 of 2000 on the business and the role of
construction services society, the board is ordered
to conduct registration of construction services
enterprise,
including
the
classification
and
qualification;
b. that in Article 28B of Government Regulation
Number
92
of
2010
on
amendment
to
the
Government Regulation Number 28 of 2000 on the
business and role of construction services society,
the Board is mandated to establish Enterprise
1
Certification Unit in order to perform the functions
of certification;
c. that based on Government Regulation Number 30
of 2000 on the implementation of the development
of construction services that with respect to such
implementation
of
development
to
service
providers, service users and the community, it can
be implemented by the Central Government jointly
with the Board;
d. that the government, through the Minister of Public
Works Number 08/PRT/M/2011 on the Division of
Sub-classification
and
Sub-qualification
for
Construction Services, has set a reference with
respect to the implementation of the issuance of
the certificate of construction services business;
e. that the government, through Article 9 of the
Regulation of the Minister of Public Works Number
10/PRT/M/2014 on Requirements Guidelines for
Granting Permit for Foreign Construction Services
Agency
Representatives
equalization
of
requires
classification
and
certificate
of
qualification
through the registration process and a certification
issued by National Board Level;
2
f. that based on the considerations referred to in
letter
a
until
letter
Construction
Services
Registration
of
e,
this
Regulation
Development
Foreign
Board
Construction
of
on
Services
Enterprise.
In view of
:
1. Law Number 18 of 1999 on Construction Services
(State Gazette of 1999 Number 54);
2. Law Number 40 of 2007 on Limited Liability
Company;
3. Law Number 25 of 2007 on Investment;
4. Law Number 20 of 2008 on Micro, Small and
Medium Enterprises;
5. Government Regulation Number 30 of 2000 on
Implementation
of
Construction
Services
Development;
6. Government Regulation Number 59 of 2010 on
Amendment to Government Regulation Number 29
of
2000
on
Implementation
of
Construction
Services;
7. Government Regulation Number 92 of 2010 on the
Second
Amendment
to
Government
Regulation
Number 28 of 2000 on Business and Role of
Construction Services Society;
3
8. Regulation of Minister of Public Works Number
10/PRT/M/2010 on Procedures for the Election of
Board, Service Term, Main Duties and Functions, as
well as the Working Mechanism of Construction
Services
Development
Board
as
amended
by
Regulation of Minister of Public Works Number
24/PRT/M/2010 on the Amendment to Regulation of
Minister of Public Works Number 10/PRT/M/2010 on
Procedures for Election of Board, Service Term,
Main Duties and Functions, as well as the Working
Mechanism of Construction Services Development
Board;
9. Decree
of
Minister
of
Public
Works
Number
223/KPTS/M/2011 on Establishment of Organization
and
Management
of
Construction
Services
Development Board;
08/PRT/M/2011 on the Division of Sub-classification
and Sub-qualification of Construction Services;
08/PRT/M/2012 on Technical Guidelines for the
Establishment of Certification Unit and Granting of
License;
4
19/PRT/M/2014 on Amendment to Regulation of
Minister of Public Works Number 08/PRT/M/2011 on
the
Division
of
Sub-classification
and
Sub-
qualification of Construction Services;
HAS DECIDED
To stipulate
:
REGULATION OF NATIONAL CONSTUCTION SERVICES
DEVELOPMENT
BOARD
ON
REGISTRATION
OF
FOREIGN CONSTRUCTION SERVICES ENTERPRISE
CHAPTER I
GENERAL PROVISIONS
Section One
Definition
Article 1
In this Regulation, meant by:
1.
Construction Service Development Board, hereinafter referred to
as LPJK, is the Board as referred to in the Government Regulation
Number 4 of 2010 on the Amendment to Government Regulation
Number 28 of 2000 on Business and Role of Construction Services
Society as most recently amended by Government Regulation
Number 92 of 2010 on the Second Amendment to Government
5
Regulation
Number
28
of
2000
on
Business
and
Role
of
Construction Services Society.
2.
National
Level
Construction
Service
Development
Board,
hereinafter referred to as National LPJK, is LPJK domiciled in the
State Capital.
3.
LPJK Officials are representatives of elements confirmed by the
Minister for the National LPJK and by the Governor for the Province
LPJK.
4.
LPJK Implementing Agency is LPJK secretariat being a business
unit that supports the implementation of LPJK tasks that include:
administrative, technical, and expertise.
5.
LPJK Regulation on Registration of Foreign Construction Services
Enterprise is norms and rules set by National LPJK, for national
scale,
governing
including the
registration
requirements
and
processes,
classification, qualification, and certification
of
Foreign Construction Services Enterprise.
6.
Construction Implementation Services Business is the type of
construction services business that provides services to the
contractor, which is distinguished by establishment, classification
and
qualification
of
Construction
Implementation
Services
Businesses.
6
7.
Construction Planning and Supervision Service Business, is the
type of construction services business that provides construction
planner and supervisor service, which is distinguished by the type
of business, classification and qualification of Construction Planning
and Supervision Service Business.
8.
Integrated
Construction
Services
Business
is
the
type
of
construction services business that provides construction planner,
contractor and supervision services carried out in an integrated
manner,
which
is
distinguished
by
the
type
of
business,
classification and qualification of the Integrated Construction
Services Business.
9.
Foreign Construction Services Enterprise, hereinafter referred to as
BUJKA, is a business entity established by law and domiciled in a
foreign country, having representative offices in Indonesia and
equalized to Limited Liability Company engaged in construction
services business.
10.
Company Association is the umbrella organization for Construction
Services Enterprise in the form of a legal entity or non-corporate
entities.
11.
Registration is an activity to determine the business competence
and ability of individual and business entities to determine the
7
appropriate business licenses according to the sub-classification
and sub-qualification realized in the form of certificates.
12.
Certification is the assessment process to obtain recognition on the
classification and qualification of the business competence and
ability in the field of construction services in the form of business
entities.
13.
Equalization is an assessment process of conformity and fulfillment
of compliance between classification and qualification that have
been maintained by BUJKA with classification and qualification of
construction services in Indonesia.
14.
Certificate is a proof of recognition in the determination of subclassification and sub-qualification of business competence and
capability in the field of construction services.
15.
Certificate of Enterprise, hereinafter referred to as SBU, is a
certificate of proof of formal recognition of the level/depth of
business competence and ability with the stipulation of the
classification and qualification of the Enterprise.
16.
Classification is the classification of construction services business
by Construction Implementation Services Business, Construction
Planning
and
Supervision
Services
Business
and
Integrated
Construction Services Business.
8
17.
Sub-classification is the division of construction services business
by Construction Implementation Services Business, Construction
Planning
and
Supervision
Services
Business
and
Integrated
Construction Services Business.
18.
Qualification is the classification of construction services business
by the level/depth of business capabilities.
19.
Sub-qualification
is
the
classification
of
construction
service
business by construction work qualification.
20.
Business Registration Number, hereinafter referred to as NRU, is a
number assigned by the National LPJK listed on the SBU and TDUP
as evidence of the copying of the Certificate in SIKI-National LPJK.
21.
Enterprise Registration Book, hereinafter referred to as BRBU, is a
book listing the names of Enterprises which have had obtained a
Certificate, issued
by
LPJK,
specifying
the level
of
ability,
classification and qualification.
22.
National Enterprise Certification Unit, hereinafter referred to as
National USBU, is a unit established by the National LPJK to
process certification of qualifications of large Enterprises and
equalization of Foreign Enterprises.
23.
Stakeholders are parties who have interests and/or conduct
activities related to construction services.
9
24.
Enterprise Ability Assessors, hereinafter referred to as AKBU, are
assessors who have been registered with the National LPJK.
25.
Work Skills Certificate, hereinafter referred to as SKA, is a
certificate issued by LPJK and given to construction experts who
have met the competency requirements according to disciplines,
functionality, and/or expertise.
26.
Enterprise Responsible Person, hereinafter referred to as PJBU, is
the Chief Representative of BUJKA appointed by its parent
company.
27.
Technical Manager, hereinafter referred to as PJT, is permanent
worker of PJBU appointed to be responsible for the engineering
aspects of the operation of the construction services enterprise.
28.
Classification
Manager,
hereinafter
referred
to
as
PJK,
is
permanent expert appointed by Enterprise management to be
responsible for the engineering aspects of particular classification
maintained by the Enterprises according to its expertise.
29.
Permanent Experts are technical experts who work full time to
take charge of certain aspects of engineering sub-classification
maintained by the Enterprises according to its expertise.
30.
LPJK Indonesian Construction Information System, hereinafter
referred to as National LPJK SIKI, is technology-based information
10
system that collects all data and information on construction
services maintained by National LPJK.
CHAPTER II
Purpose, Objectives and Scope
Article 2
This regulation is intended as a guide in order to equalize the
classification and qualification that have been maintained by BUJKA
before, the implementation of BUJKA certification and SBU registration
application, that must be obeyed by all parties concerned with BUJKA
Representative Permit to carry out construction works activities in
accordance with the provisions of legislation of the Republic of
Indonesia.
Article 3
This
regulation
aims
to
achieve
an
orderly
implementation
of
equalization, certification, and registration of BUJKA in accordance with
the requirements on the business capabilities and qualifications/subqualification of construction services set forth herein.
Article 4
The scope of this regulation on the registration process includes the
classification and qualification of business of BUJKA, BUJKA SBU
11
registration application requirements, procedures and mechanisms,
registration fees, and sanctions for violations of the use of the SBU.
CHAPTER III
REQUIREMENTS OF AREA OF BUSINESS
Section One
Forms and Area of Business
Article 5
(1)
BUJKA is Enterprises established under the rule of law of the
BUJKA’s country of origin, equalized to limited liability Company
engaged in construction services.
(2)
BUJKA as referred to in paragraph (1) shall have SBU.
(3)
SBU as referred to in paragraph (2) shall be issued by the National
LPJK.
Article 6
The BUJKA’s construction services area of business includes Construction
Planning
and
Supervision
Services
Business,
Construction
Implementation Services Business, and Integrated Construction Services
Business.
Section Two
Classification and Qualification of Business Area
Article 7
12
(1)
The Construction Planning and Supervision Services Business as
referred to in Article 6 shall include the following classification:
(2)
a.
Architectural Planning;
b.
Engineering Planning;
c.
Spatial Planning;
d.
Architectural Supervision;
e.
Engineering Supervision;
f.
Spatial Supervision;
g.
Specialist consultancy; and
h.
Other Consultancy Services.
The Construction Implementation Business Services as referred to
in Article 6 shall include the following classification:
a.
Building Structure;
b.
Civil Structure;
c.
Mechanical and Electrical Installations; and
d.
Other Implementation Services.
Article 8
(1)
The Architectural Planning business services classification as
referred to in Article 7 paragraph (1) letter shall include subclassification as follows:
a.
Architectural Advisory and Pre-Design Services;
13
b.
Architectural Design Services;
c.
Building
Maintenance
and
Feasibility
Appraisal
Services;
(2)
The
d.
Interior Design Services; and
e.
Other architectural services.
Engineering
Planning
business services
classification
as
referred to in Article 7 paragraph (1) letter b shall include subclassification as follows:
a.
Engineering Advisory and Consulting Services;
b.
Engineering
Design
Services
for
Foundation
and
Building Structure Construction;
c.
Engineering
Design
Services
for
Water
Civil
Engineering Works;
d.
Engineering Design Services for Transportation Civil
Engineering Works;
e.
Engineering
Design
Services
for
Mechanical
and
Industrial
and
Electrical Works in Buildings;
f.
Engineering
Design
Services
for
Manufacturing Process;
g.
Construction
Engineering
Advisory
and
Consulting
Services; and
h.
Other Engineering Design Services.
14
(3)
The Spatial Planning business services classification as referred to
in Article 7 paragraph (1) letter c shall include sub-classification as
follows:
a.
Urban Planning and Design Services;
b.
Territorial Planning Services;
c.
Environment, Building, and Landscape Planning and
Design Services; and
d.
(4)
Space Utilization Development Services.
The Architectural Supervision business service classification as
referred to in Article 7 paragraph (1) letter d shall include contract
administration supervisory service sub-classification.
(5)
The Engineering Supervision business services classification as
referred to in Article 7 paragraph (1) letter e shall include subclassification as follows:
a.
Building
Structure
Construction
Works
Supervisor
Service;
b.
Transportation Civil Engineering Construction Works
Supervisor Service;
c.
Water Civil Engineering Construction Works Supervisor
Service; and
d.
Construction
Works
and
Installation
Process
and
Industrial Facilities Supervisor Service.
15
(6)
The Spatial Planning Supervision business services classification as
referred to in Article 7 paragraph (1) letter f shall include spatial
planning supervisor and controller service sub-classification.
(7)
The Specialist Consultancy services business classification as
referred to in Article 7 paragraph (1) g shall include subclassification as follows:
a.
Geology
and
Geophysics
Prospectus
Development
Services;
b.
Underground Survey Services;
c.
Land Surface Survey Services;
d.
Mapping Services;
e.
Composition and Purity Levels Testing and Analysis
Services;
f.
Physical Parameters Testing and Analysis Services;
g.
Mechanical and Electrical Systems Testing and Analysis
Services; and
h.
(8)
Technical Inspection Services.
The Other Consulting Services as referred to in Article 7 paragraph
(1) letter h shall include sub-classification as follows:
a.
Environmental Consulting Services;
b.
Land
and
Buildings
Value
Estimation
Consulting
Services;
16
c.
Project Management Services Related to Construction;
d.
Project
Management
Services
Related
to
Transportation Civil Engineering Works Construction;
e.
Project Management Services Related to Water Civil
Engineering Works Construction;
f.
Project Management Services Related to Other Civil
Engineering Works Construction;
g.
Project
Management
Construction,
Process
Services
Related
Construction,
and
to
Work
Industrial
Facilities;
h.
Project Management Services Related to Traffic Control
System Works Construction; and
i.
(9)
Integrated Engineering Services.
The Building Structure services business classification as referred
to in Article 7 paragraph (2) shall include sub-classification as
follows:
a.
Single and Couple Residential Buildings;
b.
Multi or Many Residential Buildings;
c.
Industrial Buildings and Warehouses;
d.
Commercial Buildings;
e.
Public Entertainment Buildings;
f.
Hotel, Restaurant, and Other Similar Buildings;
g.
Education Building;
17
h.
Medical Building; and
i.
Other Building.
(10) The Civil Building services business classification as referred to in
Article 7 paragraph (2) b shall include sub-classification as follows:
a.
Waterways, Ports, Dam, and Other Water Resources
Infrastructure;
b.
Drinking Water and Waste Water Treatment Plant and
Waste Processing Building;
c.
Highway (except flyover), Roads, Railways and Airport
Runway;
d.
Bridge, flyover, Tunnels and Subways;
e.
Remote Water Pipeline;
f.
Remote Wastewater Pipeline;
g.
Remote Oil and Gas Pipeline;
h.
Local Drinking Water Pipeline;
i.
Local Waste Water Pipeline;
j.
Local Oil and Gas Pipeline;
k.
Stadium Buildings For Outdoor Sports; and
l.
Indoor
Sports
Building
Facilities
and
Recreation
Facilities.
18
(11) The
Mechanical
And
Electrical
Installation
services
business
classification as referred to in Article 7 paragraph (2) c shall
include sub-classification as follows:
a.
Air Conditioner, Heating and Ventilation Installation;
b.
In Building Plumbing and the channel Installation;
c.
In Building Gas Pipeline Installation;
d.
In building insulation;
e.
Elevators and escalators Installation;
f.
Mining and Manufacturing;
g.
Thermal, Pressure, Oil, Gas, Geothermal (Engineering
Works) installation;
h.
Transportation and Lifting Equipment Installation;
i.
Piping,
Gas,
and
Energy
(Engineering
Works)
Installation;
j.
Oil and Gas Production, Storage (Engineering Works)
Facilities Installation;
k.
All Voltages Power Plants Installation;
l.
Maximum Voltage 10 MW Power Plant Installation;
m.
New and Renewable Energy Power Plant Installation;
n.
High
Voltage/Extra
High
Voltage
Power
Grid
Installation;
o.
Telecommunication
and/or
Telephone
Transmission
Network Installation;
19
p.
Medium Voltage Power Grid Distribution Installation;
q.
Low Voltage Power Grid Distribution Installation;
r.
Telecommunication
and/or
Telephone
Distribution
Network Installation;
s.
Control Systems and Instrumentation Installation;
t.
Building and Factory Power Installation; and
u.
Other Electrical installations.
(12) The Other Implementation Business Services Classification as
referred to in Article 7 paragraph (2) d shall include subclassification as follows:
a.
Construction and Demolition Equipment or Other Civil
Works with Operator Rental Services;
b.
Prefabricated Construction Assembly and Installation
for Building Construction Implementation Service;
c.
for Roads and Bridges and Railways Construction
Implementation Service; and
d.
for Water Resources, Irrigation, Pier, Port, River,
Coastal Infrastructure and Water, Waste and Trash
(incinerator) Treatment Construction Implementation
Service.
20
(13) Integrated Construction Services business sub-classification as
referred to in Article 6 shall include:
a.
Integrated Services for Transport infrastructure;
b.
Integrated
Services
for
Water
Resources,
Water
Distribution and Sanitation Works Infrastructures and
Facilities Construction;
c.
Integrated Services for Manufacturing Construction;
d.
Integrated
Services
for
Oil
and
Gas
Facility
Construction; and
e.
Integrated Services for Building Construction.
Article 9
(1)
The qualification of BUJKA businesses is large business.
(2)
The large business classification of BUJKA as referred to in
paragraph (1) shall include sub-qualification as follows:
a.
Large 2 (B2) for Construction Implementation Services
Business
and
Integrated
Construction
Services
Business; and
b.
Large (B) for Construction Planning and Supervision
Service Business.
21
(3)
BUJKA Sub-qualification as referred to in paragraph (2) shall be
determined based on the fulfillment of business requirements and
capabilities that include:
a.
Net Assets;
b.
Experience; and
c.
Labor
Section Three
Classification and Qualification Requirements
Article 10
(1)
The net assets requirement for Construction Implementation
Services Business and Integrated Construction Services Business
as referred to in Article 9 paragraph (3) letter a has net assets of
at least Rp. 50,000,000,000.- (fifty billion rupiah).
(2)
The experience requirements to carry out construction work for
Construction Implementation Services Business and Integrated
Construction
Services
Business
as
referred
to
in
Article
9
paragraph (3) letter b has the experience to perform the job total
cumulative value of at least Rp 250,000,000,000.- (two hundred
and fifty billion rupiah) obtained within 10 (ten) years or has
experience of the highest value of Rp. 83,330,000,000.- (eighty
three billion three hundred thirty Rupiah) obtained during the
period of 10 (ten) years.
22
(3)
The requirements of labor for construction services businesses as
referred to in Article 9 paragraph (3) letter c are as follows:
a.
1 (one) certified PJT SKA intermediate;
b.
1 (one) certified SKA intermediate PJK for each classification
owned;
c.
1 (one) person PJBU; and
d.
PJT, PJK and PJBU referred to in letters a, b and c above,
cannot concurrently.
(4)
Terms
of
employment
for
Integrated
Construction
Services
Business as referred to in Article 9 paragraph (3) letter c as
follows:
a.
1 (one) certified PJT SKA intermediate;
b.
4 (four) certified SKA intermediate PJK for each classification
owned;
c.
1 (one) person PJBU; and
d.
PJT, PJK and PJBU referred to in letters a, b and c above,
cannot concurrently.
Article 11
(1)
The net assets requirements for Construction Planning and
Supervision Service Business as referred to in Article 9 paragraph
23
(3) a shall be net assets of at least Rp. 500,000,000.- (five
hundred million rupiah).
(2)
The construction work implementation experience requirement for
Construction
Planning and Supervision
Services Business as
referred to in Article 9 paragraph (3) letter b shall be experience of
carrying out sub-qualification work with a total cumulative value of
at least Rp 2,500,000,000.- (two billion five hundred million)
obtained within 10 (ten) years.
(3)
The labor requirements for Construction Planner and Supervisor
Services Business as referred to in Article 9 paragraph (3) letter c
includes:
a.
1
(one)
permanent
intermediate
for
experts
maximum
certified
2
(two)
at
least
SKA
sub-classification
business fields;
b.
1 (one) PJT certified SKA intermediate;
c.
1 (one) PJK certified SKA intermediate for each classification;
and
d.
(4)
1 (one) PJBU.
Permanent experts as set forth in paragraph (3) letter a, may
concurrently serve maximum two (2) sub-classifications provided
that the classification/sub-classification permanent SKA experts as
set out in Annex 2A.
24
(5)
In the event labor as referred to in paragraph (3) is a citizen of a
foreign country, he/she must comply with the rules of foreign
labor.
Section Four
Limitation of Classification and Qualification
Article 12
(1)
Each BUJKA may have sub-classification businesses included as
sub-classification
of
Construction
Implementation
Services
Business and Integrated Construction Services Business.
(2)
Each BUJKA may have business sub-classification included as subclassification of Construction Planner Services Business and or
Construction Supervision Services Business.
(3)
BUJKA which has already had a business sub-classification as
referred to in paragraph (1) cannot have a business subclassification as referred to in paragraph (2).
CHAPTER IV
REGISTRATION PROCEDURES AND MECHANISMS
Part One
Registration Organizer
Article 13
25
(1)
National
LPJK
shall
be
responsible
for
implementing
the
Registration of BUJKA.
(2)
The Registration as referred to in paragraph (1) shall be organized
by the Executive Board of National LPJK.
Article 14
Official authorized to sign BUJKA SBU as proof of registration is the
Director of Registration and Legal of Executive Board of National LPJK.
Section Two
Equalization and Certification Organizer
Article 15
(1)
The implementation of Certification and Equalization process of
BUJKA SBU application shall be conducted by the National USBU;
(2)
National USBU as referred to in paragraph (1) shall carry out
Equalization and Certification of the fulfillment of the classification
and qualification requirements as stipulated in article 10 and
article 11;
(3)
Results of Equalization and Certification as referred to in paragraph
(2) shall be spelt out in the form of Minutes of Eligibility of
Classification and Qualification;
26
(4)
The minutes as referred to in paragraph (3) shall be signed by the
Chairman of the Executive Element of National USBU; and
(5)
The process of equalization and certification shall be carried out
every working day.
Section Three
Initial Verification and Validation Organizer
Article 16
(1)
The Organizer of Initial Verification and Validation of registration
application of BUJKA SBU shall be the Company Association
obtaining the authorization of Initial Verification and Validation of
the registration application of BUJKA SBU for its members.
(2)
Company Association as referred to in paragraph (1) shall be
National Level Company Association belonging in the Company
Association Element Group of National LPJK.
(3)
Initial Verification and Validation of registration application of
BUJKA SBU as referred to in paragraph (1) may be carried out by
Company Association to request change, application for extension
of the validity period and the request for registration in the 2nd
and 3rd year.
(4)
Company Association as referred to in paragraph (2) shall warrant
the
correctness
and
validity
of
all
documents
requesting
27
registration of BUJKA SBU in terms of an official report of Initial
Verification and Validation as set out in Annex 11, signed by the
President/Chairman of Company Association or the authorized
management of Company Association by enclosing Own Data
Evaluation (PDS).
(5)
President/Chairman of the Company Association or the authorized
management of Company Association as described in paragraph
(4) shall be the leadership board of the National Company
Association.
(6)
Company Association shall submit a written statement signed by
the President/Chairman of the Company Association to LPJK,
stating
approving
the
signature
and
the
name
of
the
President/Chairman of the Company Association dry printed on the
back page of the SBU.
(7)
In the event the Company Association is not willing to make a
statement as referred to in paragraph (6), the process of SBU
registration application of its members shall be postponed.
(8)
If there is evidence of untruth and invalidity of SBU registration
application documents as referred to in paragraph (3) up to more
than ten (10) percent of the number of requests for SBU
registration
within
the
registration period, the guaranteeing
Company Association conducting Initial Verification and Validation
28
in question may be penalized revocation of authority to carry out
Initial Verification and Validation.
Section Four
New Application
Article 17
(1)
Application for new registration of BUJKA SBU can be done by
BUJKA who does not yet have SBU of Construction Implementation
Services Business and/or Construction Planning and Supervision
Business Services and/or Integrated Construction Services;
(2)
Application for new registration of BUJKA SBU as referred to in
paragraph (1) shall include:
(3)
a.
Equalization and the registration of BUJKA SBU.
b.
Certification and Registration of BUJKA SBU.
Equalization and registration as referred to in paragraph (2) letter
a applies to the applicant of BUJKA SBU who has evidence on the
copy of business license from the country of origin of BUJKA with
business classification in accordance with the classification of
Central Product Classification.
(4)
The certification and registration as referred to in paragraph (2) b
applies to the Applicant of BUJKA SBU who has evidence of
classification and qualification on the copying of business license
29
from the country of origin of BUJKA with business classification
under the classification of Central Product Classification.
(5)
Application for new registration of BUJKA SBU as referred to in
paragraph (1) shall submit full details of BUJKA in the application
documents and structured data of BUJKA in digital form as set
forth in Annex 6.
(6)
Details of BUJKA as referred to in paragraph (5) shall complete
data as set forth in Annex 7 and its supporting files, including:
a.
Annex 7
: New SBU Application Form;
b.
Annex 7-1: Application for Equalization of Sub-classification
and Sub-qualification;
c.
Annex 7-2: Statement of Enterprises
d.
Annex 7-3: Administrative Data Form;
e.
Annex 7-4: Personnel Data Form (PJBU/PJT/PJK/Permanent
Expert);
(7)
f.
Annex 7-5: Statement of Non-Civil Servants;
g.
Annex 7-6: Financial Data Form;
h.
Annex 7-7: Statement of Person in Charge of Engineering;
i.
Annex 7-8: Statement of Person in Charge of Classification;
j.
Annex 7-9: Experience Data Form;
Supporting file as referred to in paragraph (6) includes:
30
a.
Copy of Articles of Association and the Amendment Deed
translated
into
two
languages
namely
English
and
Indonesian and legalized by the Embassy of the State of
origin of BUJKA in Indonesia;
b.
Copy of business license of Construction Implementation
Services Business and/or the Construction Planning and
Supervision
Construction
Services
Services
Business
Business
and/or
from
the
Integrated
Construction
Services Institution authorities in the country of origin of
BUJKA and has been legalized by the Embassy of the State
of origin BUJKA in Indonesia;
c.
Renewed
Recommendation
of
Establishment
of
Representative Office of BUJKA from the Embassy of the
State of origin BUJKA in Indonesia;
d.
Certificate of domicile of BUJKA Representative Office in
Indonesia from the authority;
e.
NPWP issued by the Tax Office of BUJKA Representative
Office domicile;
f.
Power of Attorney of the parent company's Board of
Directors
to
responsible
the
for
Chief
the
Representative
Implementation
of
of
BUJKA
fully
Construction
in
Indonesia as well as PJBU;
g.
Affidavit as PJBU, PJT, PJK and or permanent expert;
31
h.
Color Copy: Passport, Permit and or ID card of PJBU.PJT, PJK
and or permanent experts;
i.
Registered as a member of the Company Association
belonging in the Company Association Element Group of
National LPJK as the authority granted to the Company
Association, enclosing the Member ID Card of Company
Association; and
j.
Copy of payment receipt of Certification and Registration
fees to the National LPJK.
Article 18
(1)
Application for registration of BUJKA SBU as referred to in Article
17 paragraph (2) letter a must include supporting documents,
such as:
a.
Copy of Annual Report or financial statement for the last 2
(two) years prepared by public accounting firm of the
Country of Origin and legalized by the Embassy of the State
of origin of BUJKA in Indonesia to meet the requirements of
net assets as set out in article 10 paragraph (1) or Article 11
paragraph (1);
b.
Parts
of
copy
of
employment
contract
of
each
sub-
classification that shows the schedule of construction work
and the value of construction work to meet the requirements
32
of the value of experience as stipulated in article 10
paragraph (2) or Article 11 paragraph (2);
c.
Copy of SKA for PJT, PJK and or Permanent Worker by
meeting the manpower requirements as stipulated in article
10 paragraph (3) and (4) or Article 11 paragraph (3) and (4)
(2)
Application for registration of BUJKA SBU as referred to in Article
17 paragraph (2) letter b shall include supporting documents, such
as:
a.
Copy of Annual Report or financial statement for the last 2
(two) years prepared by public accounting firm of the
Country of Origin and legalized by the Embassy of the State
of origin of BUJKA in Indonesia to meet the requirements of
net assets as set out in article 10 paragraph (1) or Article 11
paragraph (1);
b.
Parts
of
copy
of
employment
contract
of
each
sub-
classification that shows the schedule of construction work
and the value of construction work to meet the requirements
of the value of experience as stipulated in article 10
paragraph (2) or Article 11 paragraph (2);
c.
Copy of SKA for PJT, PJK and or Permanent Worker by
meeting the manpower requirements as stipulated in article
10 paragraph (3) and (4) or Article 11 paragraph (3) and
(4);
33
Section Five
Application for Changes
Article 19
(1)
BUJKA who has obtained SBU may apply for SBU registration for a
change of sub-qualification and administrative data changes.
(2)
Application for SBU registration for sub-classification changes as
referred to in paragraph (1) includes adding or reducing the
number of sub-classification.
(3)
Changes of sub-classification as referred to in paragraph (2) may
be applied for at the earliest after twelve (12) months from the
issuance of such SBU.
(4)
Enterprises
that
perform
addition
or
subtraction
of
sub-
classification as referred to in paragraph (2) shall complete the
form in full with supporting data as follows:
a.
Annex 8
: Application for SBU Change Form;
b.
Annex 8-1 : Application for Change of Classification;
c.
Annex 7-2 : Statement of Enterprises
d.
Annex 7-4 : Personnel Data Form (PJBU/PJT/PJK/Permanent
Expert);
e.
Annex 7-5 : Statement of Non-Civil Servants;
f.
Annex 7-8 : Statement of Person in Charge of Classification;
34
g.
Annex 7-9 : Experience Data Form;
h.
Copy of Renewed Construction Services Business License
and/or the Construction Planning and Supervision Services
Business and/or Integrated Construction Services Business
issued by the Board of Construction Services authorities in
the country of origin of BUJKA and has been legalized by the
Embassy of the State of origin of BUJKA in Indonesia;
i.
Copy of full employment contract of any additional subclassification to meet the requirements of the value of
experience as stipulated in article 10 paragraph (2) or Article
11 paragraph (2);
j.
Copy of SKA for PJK and or Permanent Worker to meet
manpower requirements as stipulated in article 10 paragraph
(3) and (4) or Article 11 paragraph (3) and (4); and
k.
In the event of reducing the number of sub-classification no
copy of contract is required.
(5)
Application for change of administrative data as referred to in
paragraph (1) shall include change of PJBU, change of domicile
and change of NPWP.
(6)
Application for change of administrative data as referred to in
paragraph (5) can be executed at any time.
35
(7)
Enterprises
applying
for
administrative
data
changes
shall
complete the form in full by enclosing supporting data as follows:
(8)
a.
Annex 9-1: Administration Data Change Application Form
b.
Annex 7-3: Statement of Enterprises; and
c.
Copy of documents in support of the change.
Change application document as referred to in paragraph (1) shall
be submitted to the Company Association belonging in the
Company Association Element Group of National LPJK.
Section Six
Application for Re-Registration
Article 20
(1)
SBU with a validity period of three (3) years from the date
specified shall be re-registered on the 2nd anniversary and the 3rd
anniversary as the date specified on the front page of the SBU.
(2)
Re-registration in the 2nd year and 3rd year as referred to in
paragraph (1) shall be done by printing a QR-code on the back
page of the SBU.
(3)
The QR-code as referred to in paragraph (2) shall be printed
through the National LPJK SIKI-registration after the official report
signed by the Board of the National LPJK and proof of payment
submitted to the National LPJK.
36
(4)
The SBU not re-registered as referred to in paragraph (1) shall be
imposed sanctions in terms of temporary removal of corporate
data in www.lpjk.net.
(5)
SBU not re-registered on the 2nd and 3rd anniversary in a row may
not
be
extended
and
further
application
shall
follow
the
requirements for new application.
(6)
Enterprises applying for re-registration of SBU on the 2nd and 3rd
anniversary as referred to in paragraph (1) shall complete the
form in full with supporting data as follows:
(7)
a.
Annex 9-1: Application for Registration 2nd/3rd Year;
b.
Annex 7-2: Statement of Enterprises;
c.
Annex 9-2: Labor Data;
d.
Annex 7-7: Statement of Person in Charge of Engineering;
e.
Annex 7-8: Statement of Person in Charge of Classification;
f.
Annex 7-9: Experience Data Form;
g.
Annex 19: Report of job gained in one (1) year.
Application
for
re-registration
document
as
referred
to
in
paragraph (6) shall be submitted to the Company Association
belonging in the Company Association Element Group of National
LPJK according to the authority.
Section Seven
37
Application for Extension
Article 21
(1)
BUJKA may apply for renewal of registration of expired BUJKA
SBU.
(2)
Document of registration application for BUJKA SBU extension as
referred to in paragraph (1) shall be submitted to the Company
Association belonging in the Company Association Element Group
of National LPJK.
(3)
Expired SBU as referred to in paragraph (1) is SBU established
under this rule.
(4)
Application for extension of BUJKA SBU as referred to in paragraph
(1) shall update the database of BUJKA in SIKI-National LPJK
according to the format as set forth in Annex 6 along with the
supporting documents.
(5)
(1) shall complete the data of form as set forth in Annex 10
including:
a.
Annex 10
: Extension Application Form;
b.
Annex 10-1 : Application Letter for Extension of SBU;
c.
Annex 7-2 : Statement of Enterprises
d.
Annex 7-3 : Administrative Data Form;
38
e.
Annex 7-4 : Personnel Data Form (PJBU/PJT/PJK/Permanent
Expert);
(6)
f.
Annex 7-5 : Statement of Non-Civil Servant;
g.
Annex 7-6 : Financial Data Form;
h.
Annex 7-7 : Statement of Person in Charge of Engineering;
i.
Annex 7-8 : Statement of Person in Charge of Classification;
j.
Annex 19
: Report of job gained in one (1) year.
(1) may be accompanied by a request of changes to include
supporting documents as referred to in Article 19.
(7)
(1) shall be submitted to the Company Association belonging in
the
Company
Association
Element
Group
of
National
LPJK
according to the authority.
Section Eight
Application for Association Transfer
Article 22
(1)
BUJKA may apply for transfer of membership of Company
Association by fulfilling the following requirements:
a.
Letter
of
No
Objection
from
the
previous
Company
Association;
39
b.
Certificate
of
membership
from
the
new
Company
from
the
enterprise
Association; and
c.
Statement
of
association
transfer
concerned.
(2)
In the event Company Association do not grant certificates needed
to qualify as referred to in paragraph (1) letter a, LPJK can
mediate at the request of the relevant business entities.
(3)
In the event the mediation efforts by LPJK as mentioned in
paragraph (2) does not produce an agreement, LPJK may adopt
final decision.
CHAPTER VI
CRITERIA FOR EQUALIZATION AND CLASSIFICATION AND
QUALIFICATION ASSESSMENT
Section One
Verification and Validation
Article 23
(1)
Verification and validation of registration application for BUJKA
SBU shall be conducted to the administration documents including:
a.
BUJKA legality among others Articles of Association and the
most
recent
amendment
deed
and
ratification
of
40
establishment
deed
and
approval
of
amendments
as
stipulated in legislation of BUJKA country of origin;
b.
Classification
and
qualification
of
business
maintained
namely copy of Business License covering classification and
qualification
of
Construction
Implementation
and/or
Construction
Planner and Supervisor and/or Integrated
Construction Services Business;
c.
The legality of representative office in Indonesia by verifying
the renewed recommendations issued by the Embassy of the
State of Origin of BUJKA in Indonesia;
d.
Valid certificate of domicile or SITU;
e.
NPWP; and
f.
SBU of previous year, taking into account the classification
and qualifications set forth in the SBU and the registration
requirements.
(2)
The stages of file validity evaluation shall be conducted by
prioritizing assessment of administrative data.
Article 24
(1)
Verification and validation of registration application of BUJKA SBU
shall be conducted on work experience including:
41
a.
List of experiences of Enterprises in carrying out works
based on registration application form fields grouped within
each sub-classification;
b.
Copy of contract of employment by verifying implementation
schedule, scope of work, the value of work and ratification of
the Embassy of the State of origin of BUJKA;
c.
In the event the contract construction work is carried out in
Indonesia attaching copy of minutes of handover and Value
Added Tax (VAT) slip by verifying the validity of the
acceptance of the work and examine the value of VAT to the
value of the work; and
d.
In case BUJKA has maintained copy of business license as
referred to in Article 23 paragraph (1) letter b, verification of
contract files as referred to in paragraph (1) letter b is nt
required.
(2)
In case it is required certainty on the validity of copy of contract as
referred to in paragraph (1) letter c, it can be done by contacting
the service user employer.
Article 25
Verification and validation of registration application of BUJKA SBU
against the finance file by verifying copy of Annual Report or financial
statement of the last 2 (two) years prepared by the Office of Public
42
Accountant in the State of origin BUJKA or Country of Head Office of
BUJKA and with due regard to ratification of Embassy of the State of
origin of BUJKA in Indonesia whether the issued capital is the same as
the one stated in the deed of company.
Article 26
(1)
Verification
and
validation
of
SBU
registration
application
documents against the labor file verifying PJBU, PJT, PJK and or
Permanent Expert including:
a.
Verifying the Power of Attorney (Power Attorney) of the
parent
company's
Board
of
Directors
to
the
Chief
Representative of BUJKA designated as PJBU with respect to:
b.
1)
Statement as PJBU;
2)
Copy of NPWP;
3)
Copy of ID card or passport and copy of KITAS.
Verifying supporting files of PJT being the permanent worker
of BUJKA by taking into account:
1)
SKA issued by LPJK or SKA that has been equalized by
the National LPJK;
2)
Statement as PJT;
3)
Copy of NPWP;
4)
43
c.
Verifying supporting files of PJK being the permanent worker
of BUJKA by taking into account:
1)
SKA issued by LPJK or SKA that has been equalized by
the National LPJK;
2)
Statement as PJK;
3)
Copy of NPWP;
4)
Article 27
(1)
Registration application of BUJKA SBU verified and processed is the
validity
of
administrative file, finance, and experience with
absolute nature.
(2)
In the event the administrative file and/or experience and/or
financial and/or PJBU, PJT, and PJK submitted is incomplete and
incorrect, then the entire document registration application of
BUJKA SBU shall be returned.
Section Two
Assessment of Work Experience of BUJKA
Article 28
(1)
Assessment experience BUJKA work done to establish the subclassification and sub-qualification against BUJKA SBU request for
44
registration and establishment of basic capabilities at each subclassification.
(2)
Assessment BUJKA works experience to include a request for
registration of the BUJKA SBU equalization assessment process
and certification process.
(3)
Assessment experience in order to establish the sub-classification
referred to in paragraph (1) shall apply to any sub-classification in
accordance with the scope of the construction work in the copying
contract construction work.
(4)
In the event that the case has had Copying BUJKA business license
as referred to in Article 23 paragraph (1) letter b, the equalization
process is carried out without assessing the scope of the
construction work.
(5)
Assessment experience to set sub-qualification referred to in
paragraph (1) includes the value obtained from the employment
contract sub-classification assessment referred to in paragraph
(2).
(6)
Determination sub-qualification based on the value of the contract
of employment as referred to in paragraph (3) as follows:
a.
Business Sub-classification construction services and subclassification
Integrated
Construction
Enterprises
have
45
experience of carrying out the work with a total cumulative
value of at least Rp. 250 billion (two hundred and fifty billion
rupiah)
obtained
within
10
(ten)
years
or
have
the
experience of the highest value of Rp. 83.33 billion, - (eighty
three billion three hundred thirty Rupiah) obtained during
the period of 10 (ten); and
b.
Sub-classification Construction Planning and Supervision
Service Business has had the experience to perform the job
total cumulative value of at least Rp 2.500.000.000, - (two
billion five hundred million rupiah) obtained within 10 (ten)
years.
Article 29
(1)
Basic skills (KD) are a quantitative ability BUJKA on each subclassification has.
(2)
Determination of KD as referred to in paragraph (1) is calculated
using the formula:
under the condition :
a.
NPt is a Work Package highest value obtained on the basis of
experience to handle the job;
46
b.
in which case there is only one (1) package then NPt work
closely with the NPs work packages; and
c.
if in a sub-classification contract is used for some areas of
work so NPt referred to in paragraphs a and b, are taken into
account only the value of the work in accordance with the
sub-qualification field which can be seen from the details of
the budget cost of the work.
(3)
KD referred to in paragraph (1) listed in the certificate can be
changed based on experience with the latest Enterprises jobs
authentic evidence.
Section Three
Assessment of Financial Capability of BUJKA
Article 30
(1)
Assessment
financial
ability
BUJKA
done
to
establish
sub-
qualification against BUJKA SBU request for registration.
(2)
The financial capability of the request for registration BUJKA SBU
BUJKA
includes
assessment
of
equalization
process
and
certification process.
(3)
Assessment sub-qualification referred to in paragraph (1) includes
assessing net assets BUJKA contained in the Annual Report or the
financial statement.
47
(4)
Assessment BUJKA calculated the net assets of the total value of
equity in the statement of changes in equity or the total value of
equity on the Statement of Financial Position.
(5)
The sub-qualification based on the net asset referred to in
paragraph (3) as follows:
a.
Business Sub-classification construction services and subclassification Integrated Construction Enterprises have a net
assets of at least Rp 50,000,000,000, - (fifty billion rupiah);
and
b.
Sub-classification
Service
Business
Planning
and
Construction Supervisor has a net assets at least Rp
500.000.000, - (five hundred million rupiah).
Section Four
Assessment of Human Resources
Article 31
(1)
Human Resources capabilities BUJKA done to establish subqualification against BUJKA SBU request for registration.
(2)
Human
Resources
BUJKA
ability
to
include
a
request
for
registration of the BUJKA SBU equalization assessment process
and certification process.
48
(3)
Assessment sub-qualification referred to in paragraph (1) includes
assessing
requirements
and
sub-qualification
SKA
sub-
classification owned by PJT, PJK Expert or Fixed.
(4)
Determination sub-qualification based on assessment results and
sub-qualification sub-classification SKA referred to in paragraph
(2) as follows:
a.
PJT has a SKA with minimum Sub-qualification primary
regardless of its sub-classification SKA.
b.
PJK have a SKA with minimum Sub-qualification associate
with attention to the suitability of sub-classification SKA
owned by each business classification being applied.
c.
In case the application BUJKA SBU integrated construction
services has 4 (four) people PJK each had SKA with
minimum Sub-qualification Associate with sub-classification
incorporated
in
Mechanical/Electrical,
the
classification
Environmental
of
Management
Civil,
and
Executive Management.
d.
Experts have a SKA Stay with minimum Sub-qualification
Medium by taking into account the suitability of subclassification SKA owned by
every
2
sub-classification
Construction Planning and Supervision Services Business
filed.
49
(5)
In the event PJT and/or PJK resigned from BUJKA, then BUJKA
concerned must immediately replace and report to LPJK.
(6)
PJBU, PJT, PJK and experts still cannot concurrently.
CHAPTER VII
REGISTRATION MECHANISM
Section One
Certification and Registration Workflow
Article 32
(1)
New Application Workflow registration BUJKA SBU:
a.
BUJKA to apply BUJKA SBU requests registration to the
National LPJK;
b.
National LPJK through the Executive Board of National LPJK
receive
registration
application
documents BUJKA SBU,
checking documents and then give you a receipt of requests
for registration BUJKA SBU;
c.
Executive Board of National LPJK upload BUJKA data to
National LPJK - SIKI;
d.
Executive Board of National LPJK distribute documents
BUJKA SBU registration application to the National USBU to
do equivalence assessment or feasibility assessment BUJKA
classification and qualification;
e.
National USBU upload data to SIKI-LPJK BUJKA National;
50
f.
AKBU
the
National
USBU
examination
of
documents,
checking the validity of the file, the fit Enterprises based on
a
registration
application
documents
and
databases
Enterprise SBU, and then make recommendations for the
feasibility of classification and qualification;
g.
Chief Executive of the National USBU publishes the Minutes
of Classification and Qualification Eligibility SBU's request for
registration is submitted to the Executive Board of the
National LPJK;
h.
Executive
registration
Board
of
National
Enterprises
plan
LPJK
prepare
accompanied
a
list
of
Minutes
of
Eligibility Classification and Qualification to be discussed at
the Meeting of the National LPJK Management;
i.
Meeting of National LPJK Management referred to in the
letter as outlined in the decision stipulates Minutes of
Enterprises Registration; and
j.
National LPJK published BUJKA SBU based on the Minutes of
Enterprise Registration.
(2)
The application workflow of BUJKA SBU Changes:
a.
BUJKA who has had previous SBU applies for BUJKA SBU
registration
application
to
the
National
LPJK
through
Company Association;
51
b.
Company Association referred to in letter a is the Company
Association of member in the Company Association Element
Group of National LPJK;
c.
Company Association set forth in paragraph b implement
Initial Verification and Validation registration application
documents BUJKA SBU, database upload Enterprises to SIKINational LPJK;
d.
received
the
document
requesting
registration
of
the
Association BUJKA SBU changes the company referred to the
letter
b,
inspect
documents,
checking
database-SIKI
Enterprises in National LPJK, then give you a receipt of
requests for registration changes BUJKA SBU;
e.
Implementing Agency LPJK distributes documents requesting
registration
BUJKA
SBU
to
USBU
to
do
a
feasibility
assessment and classification of qualifications Enterprises;
f.
In
case
the
application
data
changes
BUJKA
SBU
administration, the Executive Board of National LPJK List
Register Enterprises prepares to set out in the National LPJK
board meeting;
g.
AKBU the National USBU doing Verification and Validation
document, the assessment is based on the ability of business
entities requesting registration document and database
52
BUJKA SBU, and then make recommendations for the
feasibility of classification and qualification;
h.
Chief Executive of the National USBU publish the Minutes of
Classification
and
Qualification
Eligibility
registration
application for the BUJKA SBU is submitted to the Executive
Board of the National LPJK;
i.
Executive
registration
Board
of
National
Enterprises
plan
LPJK
prepare
accompanied
a
list
of
Minutes
of
j.
Meeting of the National LPJK Management referred to in the
letter i issue a decision as outlined in the Minutes of
k.
National LPJK published BUJKA SBU based on
Minutes of
Enterprises Registration.
(3)
The workflow application for extension of BUJKA SBU:
a.
BUJKA who has had previous SBU applies for BUJKA SBU
registration
application
to
the
National
LPJK
through
Company Association;
b.
Company Association referred to in letter a is the Company
Association of member in the Company Association Element
Group of National LPJK Company;
53
c.
Company Association set forth in paragraph b execute Initial
Verification and Validation document registration application
an extension of the validity period of the BUJKA SBU, and
upload databases to SIKI-LPJK BUJKA National;
d.
receive a registration renewal application documents BUJKA
SBU of Company Association referred to in letter b, inspect
documents, checking database-SIKI Enterprises in National
LPJK, then give you a receipt of requests for registration
renewal BUJKA SBU;
e.
Executive Board of National LPJK distributes documents
requesting registration BUJKA SBU to USBU to do a
feasibility assessment and classification of qualifications
Enterprises;
f.
AKBU the National USBU doing Verification and Validation
document inspection of documents, assessment business
capabilities
based
on
Agency
documents
requesting
registration and database BUJKA SBU, and then make
recommendations for the feasibility of classification and
qualification;
g.
Chief Executive of the National USBU publish the Minutes of
Classification
and
Qualification
Eligibility
registration
54
application for the BUJKA SBU is submitted to the Executive
Board of the National LPJK;
h.
Executive
registration
Board
of
National
Enterprises
plan
LPJK
prepare
accompanied
a
list
of
Minutes
of
i.
Meeting of the National LPJK Management referred to in the
letter h determine decisions as outlined in the Minutes of
j.
National LPJK published BUJKA SBU based on the Minutes of
Enterprises Registration.
(4)
The application workflow for BUJKA SBU registration of Second
Year and Third Year:
a.
BUJKA who has had SBU shall apply for SBU registration
application of Second Year or Third Year to LPJK National
through the Company Association;
b.
Company Association referred to in letter a is the Association
Company of member in the Company Association Element
Group of National LPJK ;
c.
Company Association set forth in paragraph b implement
Verification and Validation of the document requesting
registration BUJKA SBU of Second Year or Third Year,
55
uploading a registration application to the National LPJK SIKI;
d.
National LPJK through the executing agency National LPJK
received the document requesting registration BUJKA SBU
Second Year or Third Year of Company Association referred
to in letter b, check documents, examine the request SBU on
SIKI-National
LPJK,
then
give
a
receipt
request
for
registration SBU Second Year or Third Year;
e.
Executive
registration
Board
of
National
Enterprises
plan
LPJK
prepare
accompanied
a
list
of
Minutes
of
f.
Meeting of the National LPJK Management referred to in
paragraph e issue a decision as outlined in the Minutes of
Enterprises Registration;
g.
Executive Board of National LPJK print QR-code on the back
page of the SBU in the format specified by the National LPJK
- SIKI; and
h.
Company Association referred to in paragraph b may be
printing a QR-code on the back page of the SBU after the
Meeting of the National LPJK Management issue a decision as
stipulated in the letter f.
Article 33
56
(1)
The governing council LPJK, USBU and Company Association in
each stage of the process certification and registration must use
SIKI-National LPJK.
(2)
Database Enterprises that have been uploaded to SIKI-National
LPJK into data National LPJK.
(3)
Writing data Enterprises and data classification and qualification
Enterprises using the format specified by the National LPJK - SIKI.
(4)
In the event the National LPJK SIKI-impaired then the service
down load from the National LPJK server can be made directly
between officers SIKI-National LPJK via E-mail.
(5)
Status of registration application BUJKA SBU at every stage of the
process can be accessed via the website of the National LPJK
(www.lpjk.net)
Section Two
Procedures for Application
Article 34
BUJKA may download the application form and its terms BUJKA SBU
registration through the official website LPJK (www.lpjk.net).
Section Three
Procedures for Initial Verification and Validation
Article 35
57
(1)
Initial Verification and Validation registration application BUJKA
SBU conducted by Company Association.
(2)
Company Association referred to in paragraph (1) National Level
Company Association of member in the Company Association
Element Group of National LPJK
appropriate authority has been
given by the National LPJK.
(3)
Initial Verification and Validation registration application BUJKA
SBU that can be implemented by Company Association include:
a.
check the completeness of the file the documents required in
Article 19 to Article 21; and
b.
examines the validity of each file that is required in the
registration application documents BUJKA SBU.
(4)
Directive validity checking documents BUJKA SBU request for
registration as referred to in paragraph (3) shall follow the
provisions as set out in Article 23 through Article 26.
Article 36
(1)
Company Association is required to upload all the data required by
SIKI BUJKA-National LPJK after Initial Verification and Validation
registration application documents BUJKA SBU.
(2)
Company Association download, print and sign the PDS BUJKA as
Annex Minutes Initial Verification and Validation.
58
(3)
PDS BUJKA signed by officers verifiers, validates and officers
Database.
(4)
Company Association referred to in paragraph (1), paragraph (2)
and (3) is the Company Association belonging in the Company
Association Element Group of National LPJK
Section Four
Procedures for BUJKA SBU Registration Equalization Application
Article 37
(1)
BUJKA SBU registration application document is received by the
National LPJK.
(2)
National LPJK through SIKI-National LPJK do download a check-list
intended
completeness
request,
fill
out
a
check-list
file
completeness, upload the result of verification of data file and then
print a receipt request BUJKA SBU.
(3)
Receipt of requests for registration SBU referred to in paragraph
(2) is not an initial status of certification and registration process.
(4)
Initial state equalization process and the registration referred to in
paragraph (3) starts after AKBU National USBU perform the data
upload Enterprises to SIKI-National LPJK.
(5)
If the application for registration of the BUJKA SBU not include
sub-classification who has proof business license copys, performed
59
the certification process and eligibility assessment classification
and classification
Article 38
(1)
BUJKA SBU registration application document used by AKBU as
equalization test material classification and qualification and
eligibility classification and qualification BUJKA SBU petition,
include:
(2)
a.
BUJKA SBU registration application document;
b.
File PDS; and
c.
Database BUJKA.
Database BUJKA referred to in paragraph (1) letter c, consists of
administrative
data,
the
data
management,
financial
data,
employment data, and data experience.
(3)
Examination validity of the registration application documents
BUJKA SBU by AKBU is only done if all required documents are
complete.
(4)
Equalization classification and classification of qualifications and
eligibility assessment and qualification by AKBU only be done if all
files BUJKA SBU registration application document is complete and
valid criteria required in the verification and validation.
Article39
60
(1)
Equalization classification and qualification of the request for
registration BUJKA SBU conducted based on the classification and
qualifications contained in BUJKA business license issued by the
State of origin.
(2)
Equalization classification and qualification referred to in paragraph
(1) includes assessing suitability classification and conformity
assessment qualifications.
(3)
Assessment suitability classification referred to in paragraph (2)
shall include:
a.
Conformity assessment sub-classification petition with the
classification set out in the Business Permits BUJKA.
b.
Conformity assessment sub-classification petition referred to
a letter, following the harmonization sub-classification list
filed with the CPC as listed in annex 1A and 1B attachments.
c.
In terms of harmonization sub-classification has fulfilled
proceed with a feasibility assessment of labor as required
under article 10 and article 11;
d.
In terms of harmonization of classifications referred to in
letter b, cannot be done, can be carried out a feasibility
assessment and classification of qualifications as stipulated
in article 40.
61
(4)
Assessment suitability qualifications referred to in paragraph (2)
includes;
a.
Conformity assessment sub-qualification petition with the
classification set out in the Business License BUJKA;
b.
Conformity assessment of financial capability to calculate net
assets as required under article 10 and article 11; and
c.
Assessing the feasibility of the workforce as required under
article 10 and article 11.
(5)
Results equalization classification and qualification of the feasibility
report on the classification and qualification downloaded, printed
and signed, include:
a.
Checklist documents;
b.
Checklist verification and validation;
c.
Board evaluation sheets Enterprises;
d.
Experience evaluation sheets Enterprises;
e.
Financial evaluation sheets Enterprises;
f.
HR evaluation sheets Enterprises; and
g.
Recommended Classification and Qualification.
Section Five
Procedures for BUJKA SBU Registration
Application Certification
Article 40
62
(1)
Certification or eligibility classification and qualification assessment
carried out on request for registration BUJKA SBU include:
a.
New applications for sub-classification business discount
BUJKA Permit evidence in the State of origin BUJKA are not
in
accordance
with
the
classification
Central
Product
Classification;
b.
Request a change to the addition of new sub-classification;
and
c.
(2)
Application for extension of the validity period.
Documents BUJKA SBU registration application is received by the
National LPJK.
(3)
National LPJK through SIKI-National LPJK do download a check-list
intended
completeness
request,
fill
out
a
check-list
file
completeness, upload the results of verification of result data file
and then print a receipt request BUJKA SBU.
(4)
Receipt of requests for registration SBU referred to in paragraph
(3) is the initial state certification and registration process.
(5)
In the event a new application, the initial status of certification and
registration process referred to in paragraph (4) starts after the
Executive Board of National LPJK do upload the data to the
business entities LPJK SIKI-National.
63
Article 41
(1)
BUJKA SBU registration application document used by AKBU as
equalization test material classification and qualification and the
feasibility of classification and qualification BUJKA SBU petition,
include:
(2)
A.
BUJKA SBU registration application document;
b.
Minutes of Initial Verification and Validation;
c.
File PDS; and
d.
Database BUJKA.
Database BUJKA referred to in paragraph (1) letter c, consists of
administrative
data,
the
data
management,
financial
data,
employment data, and data experience.
(3)
Examination validity of the registration application documents
BUJKA SBU by AKBU only is done if all required documents are
complete.
(4)
Certification and Assessment of the feasibility of the classification
and qualification by AKBU only be done if all files BUJKA SBU
registration application document is complete and valid criteria
required in the verification and validation.
Article 42
64
(1)
Certification
and
Assessment
of
eligibility
classification
and
qualifications include:
a.
Assessment
ability
to
carry
out
construction
work
Construction work copying contract with due regard to the
scope of work, schedule for completion of work and tilapia
employment contracts;
b.
The contract value of the work referred to in paragraph a,
meet the requirements stipulated in article 10 and article 11;
c.
Rate
the
financial
capability to copy
Annual
Financial
statement with regard illustrates the total equity net assets
BUJKA;
d.
Net assets as referred to in letter c, fulfills requirements
stipulated in article 10 and article 11;
e.
Rate workforce skills against SKA copy with sub-classification
attention and sub-qualification SKA owned by PJT, PJK
Expert or Fixed; and
f.
Sub-classification and sub-qualification SKA as referred to in
the letter e, fulfill the requirements stipulated in article 10
and article 11;
(2)
Results of the assessment and classification of qualifications in the
form of a feasibility report on the classification and qualification
downloaded, printed and signed include:
65
a.
Checklist documents;
b.
Checklist verification and validation;
c.
Board evaluation sheets Enterprises;
d.
Sheets Enterprises evaluation experience;
e.
Financial evaluation sheets Enterprises;
f.
Evaluation sheets SDM Enterprises; and
g.
Recommended Classification and Qualification
Article 43
(1)
USBU shall ensure the correctness of the results of equalization
and certification by making the Minutes of Classification and
Qualification Eligibility registration application BUJKA SBU signed
by the Chief Executive of the National USBU is submitted to the
Executive Board of the National LPJK.
(2)
In case AKBU find registration application BUJKA SBU incomplete
and/or files in the document is not valid, the whole of documents
has become as referred to in paragraph (1) is returned to the
Executive Board LPJK by first given notes on the column of the
PDS and SIKI-National LPJK.
(3)
In case of BUJKA SBU registration application documents returned
under paragraph (2), the initial status request BUJKA SBU SIKILPJK erased from National.
66
(4)
In case the application documents through the registration BUJKA
SBU Company Association is returned as paragraph (3), the
certification fee which has been paid will not be refunded.
(5)
During the process of assessing the feasibility of Classification and
qualification, AKBU prohibited BUJKA or Association related to the
Company related to the process of clarifying the file or accepts
additional files.
Section Five
Procedures of Registration
Article 44
(1)
Implementing Agency National LPJK draw up a list of planned
registration
Enterprises
by
attaching
Minutes
Classification
Eligibility and qualifications along with evaluation reports on the
feasibility of Classification and Qualification.
(2)
Implementing Agency National LPJK planned schedule Meeting of
the
National
LPJK
Management
specifically
implemented
to
establish the registration decision SBU.
(3)
Prior to the Meeting of the National LPJK Management carried out
as described in paragraph (2), the Executive Board of the National
LPJK prepare a registration list Enterprises.
67
(4)
Meetings of the National LPJK board referred to in paragraph (2)
the authority to accept or reject the results of the feasibility
assessment
and
classification
of
qualifications
BUJKA
SBU
registration application submitted by the National USBU.
(5)
In deciding to accept or reject the results of the feasibility
assessment and classification of qualifications, National LPJK board
meeting may invite the chairman of the National USBU and AKBU
to provide clarification.
(6)
In the Meeting of the National LPJK Management set receiving the
assessment results referred to in paragraph (4), the decision is
poured into the Minutes of forcing registrations Enterprises.
(7)
In the event the National LPJK board meeting rejected the results
of the assessment referred to in paragraph (4), then to the
National USBU asked to do a re-evaluation by AKBU different.
(8)
The results of the re-evaluation as referred to in paragraph (7)
shall be final and then poured into the Minutes of forcing
registrations Enterprises.
(9)
Rejection results of the assessment referred to in paragraph (7)
based on the reports of a procedural violation, misuse of authority
and forgery of documents.
Article 45
68
(1)
Implementing Agency National LPJK print data writing blank SBU
Enterprises
based
on
the
Minutes
of
forcing
registrations
Enterprises.
(2)
Implementing Agency National LPJK signed BUJKA SBU.
(3)
Printing data writing and signatories SBU implemented not later
than seven (7) working days from the date of registration
Enterprises Minutes set by the National LPJK Officials.
(4)
Executive Board of National LPJK SBU submit no later than seven
(7) working days from the date of printing of writing data on the
SBU to Company Association.
(5)
In the event a new application, the Executive Board of the National
LPJK SBU submit no later than seven (7) working days from the
date of Printing writing data on to BUJKA SBU.
(6)
LPJK obliged to make a copy of each SBU which has been signed
and the store along with the registration application documents,
the minutes of the feasibility of Classification and Qualification,
news events Initial Verification and Validation.
Article 46
(1)
In case classification and qualifications contained in the SBU is not
in accordance with the registration application BUJKA SBU, BUJKA
can appeal.
69
(2)
An appeal referred to in paragraph (1) conducted by the National
BUJKA to LPJK.
(3)
Implementing Agency National LPJK discussed preparing an appeal
to the Meeting of the National LPJK Management.
(4)
In the event an appeal referred to in subsection (3) is received,
then the National LPJK USBU instructed relevant to assessing the
feasibility of Classification and Qualification.
(5)
In the event of an appeal referred to in paragraph (2) is rejected,
SBU already issued remain valid.
(6)
Decision of the Board of the National LPJK referred to in paragraph
(4) and paragraph (4) shall be final.
CHAPTER VIII
FORM, NRU, AND COST
Section One
Form of Certificate and Term
Article 47
(1)
Form of SBU as contained in Annex 13 is printed by the National
LPJK.
(2)
In the SBU blank by the mold safety (security printing) and printed
form LPJK logo printing series and serial number blank.
70
Article 48
(1)
Writing data BUJKA on the front page as well as data classification
and qualification on the back page blank SBU done by downloading
the data from SIKI-LPJK BUJKA National.
(2)
Writing data on a blank SBU referred to in paragraph (1) may be
made after BUJKA copyed on BRBU.
(3)
The type and size of the letters used in the data writing business
entities as well as data classification and qualification referred to in
paragraph (1) shall be determined by the National LPJK - SIKI.
(4)
In addition to the data writing on the front page blank BUJKA SBU
referred to in paragraph (1), the printed QR code.
(5)
In addition to the writing of data classification and qualification on
the back page of the SBU form referred to in paragraph (1) logo
printed
associations,
names
and
signatures
of
the
President/Chairman of the association and a number of news
events Initial Verification and Validation.
(6)
The logo of the association, the name and signature of the
President/Chairman of the Association and a number of news
events Initial Verification and Validation referred to in paragraph
(5) was Company Association which has obtained authority to
organize Verification and Validation Preliminary national level.
71
Article 49
(1)
SBU declared valid when the SBU has been listed NRU, signed by
the Director of Registration and Legal Executive Board National
LPJK.
(2)
SBU declared invalid in accordance with paragraph (1) if the
Business Entity Data classification and qualification of data along
with the SBU flickered on the website of the National LPJK
(www.lpjk.net), and has been published in the current month
BRBU.
(3)
In case of differences in the data between the data contained in
the SBU with data that flickered on the website of the National
LPJK (www.lpjk.net), it is stated correctly is data that flickered on
the website of the National LPJK (www.lpjk.net)
Article 50
The validity period for BUJKA SBU is 3 (three) years.
Section Two
NRU, Certification and Registration Fees
Article 51
(1)
NRU is set as follows:
a.
NRU
determination
will
be
arranged
in
the
technical
guidelines which will set national LPJK.
72
b.
BUJKA
NRU
new
requests
registration
BUJKA
SBU
established through SIKI-National LPJK by entering into SIKI
BUJKA NPWP-National LPJK;
c.
NRU for BUJKA applying for registration BUJKA SBU for
extension of the validity period using the registration number
as indicated on the SBU published beforehand; and
d.
NRU business entities to move the association experienced
change the association code.
(2)
The NRU has been given to BUJKA, remain valid throughout the
BUJKA extend the validity period of the SBU.
(3)
In the event that the SBU is not to extend the validity period, NRU
of the SBU are frozen and not shown in SIKI-National LPJK.
(4)
NRU which has been frozen as described in paragraph (3) may be
restored if the SBU concerned have been extended.
Article 52
(1)
Cost of equalization and certification held by USBU and registration
fees organized Executive Board of National LPJK for 1 (one) subclassification on sub-qualification petitioned BUJKA charged to the
applicant.
(2)
The cost of equalization, certification and registration fee referred
to in paragraph (1) shall be determined as follows:
73
a.
Sub-qualification B2 Rp. 10.000.000, - (ten million rupiah)
for
each
sub-classification
plus
development
costs
Rp
construction services. 50.000, - (fifty thousand rupiah) for
each classification;
b.
Sub-qualification B2 as described in a letter to each subclassification belonging to the field of construction services
and businesses or fields of Integrated Construction Services
Business;
c.
Sub-qualification B Rp. 4.500.000, - (four million five
hundred thousand rupiah) for each sub-classification plus
development costs Rp construction services. 50.000, - (fifty
thousand rupiah) for each classification; and
d.
Sub-qualification B referred to in letter c for each subclassification belonging to the field of Construction and
Construction Planner Services Business or Construction
Supervision Services Business fields.
(3)
The registration fee anniversary 2nd or 3rd year organized the
National LPJK for 1 (one) sub-classification on sub-qualification
petitioned BUJKA charged to the applicant.
(4)
The cost of re-registration as referred to in paragraph (3) shall be
determined as follows:
a.
Sub-qualification B2 Rp. 2.000.000, - (five hundred thousand
rupiah) for each sub-classification; or
74
b.
Sub-classification B Rp. 1.000.000, - (one million rupiah) for
each sub-classification.
(5)
Costs Initial Verification and Validation LPJK organized by the
National
Association
of
authorized
organize
Verification
and
Validation Beginning with the limits set by the association fees as
listed in Attachment 4.
Article 53
(1)
All payments cost equalization, certification and registration is
done through banking transactions stipulated by the National LPJK.
(2)
Payment of certification fees must be made at time of submission
of the registration application documents to the Executive Board
LPJK SBU.
(3)
Payment of registration fees can be implemented upon receipt of
the SBU of the Executive Board of National LPJK.
(4)
National LPJK forbidden to levy or additional fees beyond as
referred to in Article 52.
CHAPTER IX
SUPPLEMENTARY PROVISIONS
Section One
Use of National LPJK SIKI and Enterprise Registration Data
Article 54
75
(1)
SIKI-National LPJK can be used for:
a.
issued Registration validity;
b.
issued certificate is not penalized and blacklisted LPJK;
c.
issue a certificate of correctness of data Enterprises;
d.
issues a certificate of reports of job finding;
e.
provide information about the project that is being and has
been done by Enterprises; and
f.
(2)
Enterprises display data to select tender participants.
Certificate as referred to in paragraph (1) letter a, b and c is set in
the form as contained in Annex 14-1, 14-3 Annex Lampiran14-2
and with a validity period for a month since the issuance date.
Section Two
BRBU and The Use
Article 55
(1)
BRBU contain data Business entities have had SBU issued by LPJK,
and loaded into the database of the National LPJK - SIKI.
(2)
BRBU prepared on the basis of the registration period in order:
a.
NRU;
b.
Province District/City Enterprises which are domiciled;
c.
Business
classification
consisting
of
classification/sub-
classification; and
76
d.
Business qualifications.
(3)
BRBU in printed form issued by the National LPJK.
(4)
National LPJK BRBU shall submit to the steering committee for the
National Construction Services SBU publishing each period.
(5)
BRBU issued in the form as contained in Annex 15.
Section Three
Enterprise Report and List of Job Acquisition (DPP)
Article 56
(1)
BUJKA obliged to report the acquisition of work and submission of
work to the National LPJK.
(2)
the acquisition of work by BUJKA report referred to in paragraph
(1) shall be submitted to the National LPJK through BUJKA
Company Association which are members by using the report form
as set out in Annex 18-1 later than 30 (thirty) days from the
signed contract.
(3)
The submission of work by BUJKA report referred to in paragraph
(1) shall be submitted to the National LPJK through BUJKA
Company Association which are members by using the report form
as set out in Annex 18-2 later than 60 (sixty) days after handover
The first job.
77
(4)
Company Association is required to upload data acquisition work
and submission of work referred to in paragraph (2) and (3) to
SIKI-National LPJK later than 30 (thirty) days of receipt of the
report of BUJKA.
(5)
USBU verification and validation report referred to in paragraph (2)
and paragraph (3), as approved for airing.
(6)
National LPJK give NKPK to BUJKA to employment obtained as
described in paragraph (2) no later than 7 (seven) days after
receipt of the report.
(7) BUJKA required to fill out a list of job gains that have been
implemented as set forth in Annex 16.
CHAPTER X
SANCTIONS
Section One
Subject of Sanctions and Object of Sanctions
Article 57
(1)
The Board of the National LPJK sanctions BUJKA who violates the
provisions of this Regulation.
(2)
Sanctions for violations referred to in paragraph (1) shall be
subject to BUJKA who has SBU.
Section Two
78
Type, Category and Mechanism of Sanctions
Article 58
(1)
(2)
Type sanctions shall be determined as follows:
a.
Warning letter;
b.
Revocation of SBU; and
c.
Sign Blacklist LPJK.
The warning referred to in paragraph (1) letter a LPJK issued by
the National Board as follows:
a.
For minor offenses charged in three (3) times the Warning
Letter;
b.
For the offense being charged in two (2) times the Warning
Letter;
c.
Subjected to gross violations within 1 (one) Warning Letter;
d.
For each phase of the warning letters a and b, BUJKA given
30 (thirty) days to comply with the warning that the
contents set forth in previous warning letters;
e.
In the event non-compliance with the limit of 3 (three) times
the warning letters for minor offenses then the offense will
be included under the category of being the first, and then
when the limit of two (2) times the warning letters for
violations were not adhered to then the offense will be
included in the category gross violations; and
79
f.
Warning Letter as referred to in letter c is a first and final
warning letters.
(3)
Every warning letters forwarded to the Association of which BUJKA
registered as a member for the next get coaching.
(4)
The revocation SBU referred to in paragraph (1) letter b shall be
determined by the Board of the National LPJK, after within 30
(thirty) days warning that the contents listed in the Warning Letter
to the gross violation is not obeyed.
(5)
The decision of revocation SBU referred to in paragraph (4) issued
by the National LPJK Officials.
(6)
Each SBU Revocation Letter issued by the National LPJK Officials to
BUJKA forwarded to the Association of which BUJKA registered as
members to obtain further guidance, and if necessary its associate
organizations can impose sanctions.
(7)
Examples of warning letters as contained in Annex 19 and
examples Revocation Letter SBU as contained in Annex 20.
(8)
Sanctions against BUJKA copyed in the database of the Business
Entity in SIKI-National LPJK.
Article 59
80
(1)
The violations committed by the owner BUJKA SBU, categorized as
follows:
(2)
a.
Minor Violation;
b.
Medium Violation; and
c.
Serious violations.
Minor Violation as referred to in paragraph (1) letter a subject
where things happen as follows:
a.
Data administration BUJKA identity in documents submitted
to the National LPJK was not true; or
b.
BUJKA employs a workforce of foreign nationals who do not
have a SKA were registered by the National LPJK; or
c.
PJBU/PJT/PJK required no work on BUJKA in accordance with
existing data in-LPJK SIKI National and/or proven concurrent
positions in other business entities with similar efforts in the
field of construction services; or
d.
BUJKA does not report the completion of the acquisition of
work and work to the National LPJK through the Association.
e.
BUJKA who carry out technical works are not equipped with
the workers who have ACS and/or SKTK; or
f.
BUJKA not directly replace PJT/PJK out or stop working
and/or do not report the successor to the National LPJK; or
81
g.
BUJKA not apply the provisions of the Occupational Safety
and Health (K3) that apply to where the construction
activities; or
h.
BUJKA does not provide data and/or clarification required
under examination by the National LPJK on complaints
coming into the National LPJK within the time limit set.
(3)
Violation Average referred to in paragraph (1) letter b, when
Enterprises:
a.
has received three (3) times the Warning Letter Warning
Letter misdemeanors or violations were the first, but within
30 (thirty) days from the issuance of the warning letter
BUJKA does not fulfill provisions as contained in the contents
of the warning letter; or
b.
perform work that is not in accordance with the classification
and/or qualification its business; or
c.
proved to have employed Civil servants, members of the
Indonesian Armed Forces and members of the Indonesian
National Police as PJBU, PJT, and PJK.
(4)
Violation of weight as referred to in paragraph (1) c, where
Enterprise:
a.
has received a Warning Letter was a second offense, but
within 30 (thirty) days from the issuance of the warning
82
letter, BUJKA does not meet the requirements as stated in
the contents of the warning letter; or
b.
proven falsifying work experience and/or enter data of
experience and/or financial data and/or data that is not true
personnel,
which
led
to
the
determination
of
the
classification and qualification attempt is not true; or
c.
proven forged registration validity, a certificate is not being
penalized and certificate have reported job finding, which is
published by the National LPJK - SIKI; or
d.
SBU proved obtained in an illegal manner; or
e.
proved to change the classification and qualification effort in
copying or SBU; or copying its derivatives SBU, the SBU is
not the same as the original; or
f.
proved to have more than one SBU to the same classification
with different qualification.
Article 60
(1)
BUJKA sanctioned minor offenses referred to in Article 59
paragraph (2) and has received three (3) times the warning letters
but did not also comply with the warning contained in the contents
Warning Letter that may be subject to restrictions on business
activities can not follow the process procurement commencing
from the issuance of the imposition of sanctions for:
83
a.
Article 59 paragraph (2) a, b, c, d, and f for 30 (thirty) days
and sanctions being raised to the category of violation.
b.
Article 59 paragraph (2) letter e, g and h for 60 (sixty) days
and sanctions being raised to the category of violation.
(2)
BUJKA sanctioned violations were, as referred to in Article 59
paragraph (3) letter b, c, d and e, and has received two (2) times
the warning letters but did not also comply with the warning
contained in the letter the warning, be subject to restrictions on
business activities can not follow the procurement process for 60
(sixty) days from the issuance of the imposition of sanctions and
sanctions raised to the category of infringing on weight.
(3)
BUJKA exposed gross violations referred to in Article 59 paragraph
(4) letter a and has received a warning letter but not too obey the
warning listed in the Warning Letter contents charged revocation
of SBU.
(4)
Enterprises affected gross violations referred to in Article 59
paragraph (4) one of the letters b to f penalized revocation SBU.
Article 61
(1)
Sanctions imposed directly SBU revocation and without going
through a process referred to in Article 60 shall be imposed on
entities that:
84
a.
declared bankrupt by the commercial court decision; or
b.
was found guilty by a court decision that has had permanent
legal force for committing a criminal act related to its
business activities; or
c.
deliberately follow the procurement process when serving
any restrictions on business activities must not follow the
auction; or
d.
guilty of mistakes lead to failure of the building that led to
the occurrence of casualties; or
(2)
e.
convicted of vandalism on-LPJK SIKI National; or
f.
SBU proved to be falsified.
The lifting of sanctions imposed limited SBU directly to the
Business Entity sanctioned by the service user in a particular job
classification or sub-classification on a certain area for a certain
time.
Section Three
Review of Imposition of Sanctions
Article 62
(1)
Enterprises who objected to the warning sanction imposed by
LPJK, can apply for a review of the sanctions for the Management
of the National LPJK by submitting supporting evidence, and LPJK
85
may reject your appeal or accept the submission of objections by
canceling the imposition of sanctions.
(2)
Enterprises which objected to the decision to grant sanction of
revocation SBU by Management National LPJK, can apply for a
reconsideration of the decision to the LPJK Officials National by
submitting supporting evidence, and National LPJK may reject your
appeal or accept the submission of objections by canceling the
imposition sanctions.
(3)
The decision of the National LPJK referred to in paragraph (2) and
paragraph (3) shall be final.
Section Four
Procedures for Verification of SBU Complaints
Article63
(1)
The public or service users may give feedback or file complaint if
there is invalidity of data of Enterprises listed in the National LPJK
- SIKI, BRBU or SBU to:
a.
National LPJK;
b.
Company
Association,
the
national
level
where
such
enterprises is a member.
(2)
The invalidity of data as referred to in paragraph (1) shall include:
a.
administrative data;
86
(3)
b.
Personnel Data of Enterprise;
c.
Business classification and/or qualification;
d.
Data on experiences of the Enterprise; and
e.
Information relating to the acquisition of work.
Feedback or complaints as referred to in paragraph (1) shall be
accompanied by clear and accountable identity of the informant,
and LPJK shall keep confidential of the informant details.
(4)
The complaints filed shall be handled as follows:
a.
b.
Stages of Handling
1)
Acceptance of reports, complaints and findings;
2)
Order of execution of verification;
3)
Examination of the complaint;
4)
Drawing up of Minutes of Investigation; and
5)
The determination of sanction.
Complaint Handling Procedures
1)
Acceptance of reports, complaints or findings
2)
The public or service users can report to the National
LPJK about invalid data of enterprise.
3)
The complaint as referred to in paragraph (2) should
be in the form of an official letter and attachments.
4)
Any complaints submitted to the National LPJK as
referred to in paragraph (2) shall be handled by the
87
Executive Board of the National LPJK by taking record
of the complaint, providing the complaint with serial
number and upon clarification, report it to the Board of
the National LPJK.
5)
The
complaint
submitted
to
as
the
referred
to
Company
in
paragraph
Association
shall
(1)
be
forwarded to the National LPJK upon clarifications no
later than fourteen (14) working days after the
complaint is received.
c.
Examination assignment
After the complaint has been received by the National LPJK,
the Board of the National LPJK shall immediately issue a
Letter of Assignment of Examination of the Board of the
National LPJK.
d.
Examination of complaints:
1)
The Board of the National LPJK in carrying out
examination of complaint to the Enterprise may include
Certification Unit, Executive Board of LPJK social funds
where such enterprise is a member.
2)
For the purpose of the examination, certification unit
may first request clarification to the public or service
users submitting such complaint.
88
3)
If required Certification Unit may request additional
information to other parties on issues related to the
complaint.
e.
Drawing up Minutes of Examination
The results of the examination as referred to in letter b
number 3 shall be spelt out in a Minutes of the examination
results confirmed to USBU organizing the classification and
qualification of business and subsequently submitted to the
Board of the National LPJK.
f.
Sanctions
Sanctions for proven violations by Enterprise shall be
imposed under Article 58, Article 59, Article 60 and Article
61.
g.
If the results indicate violation in the knowledge of the
National USBU, the Board of the National LPJK shall impose
sanctions in accordance with the level of the violation.
h.
The entire process of handling complaints shall be completed
no later than 30 (thirty) days from the examination
assignment is issued.
Section Five
Blacklist of LPJK
89
Article64
(1)
(2)
Enterprises may be included in the Black List of LPJK in case:
a.
Proven to violate laws and regulations; or
b.
Subjected to blacklist by service users and reported to LPJK.
The procedures for blacklist imposition shall be provided separately
in LPJK regulations.
Article 65
Enterprises penalized by the National LPJK shall be published in SIKINational LPJK.
CHAPTER XI
CONCLUSION
Article 66
This LPJK Regulation shall come into force as of the stipulation date.
Stipulated in:
Jakarta
On:
February 18, 2015
NATIONAL CONSTRUCTION SERVICES DVELOPMENT BOARD OFFICIALS
Chairman
signed
AFFIDAVIT
Ir. Tri Widjajanto J, MT
This is to certify that have translated the foregoing from Indonesia to English, that is
true and complete, and I am competent in both languages.
Jakarta, 16th February 2016
Drs. Sularno Popomaruto
Sworn Translator by virtue SK.Gub.KDKI Jkt.No.1715/2000
90

national construction services development board number: 1 of

Transcription

Similar documents

The Argumentative Essay

CIO Update

SBU Innovation Lab Annual Report 2015

Greater Kashmir Inner Pages

Call for Entries: Translation Internship Experience 2014

Headliner Usher SD7 May 2015

World of Magic

rampion headquarters

rclc-2 rugged covertible laptop computer

Converging Texts: Teaching Culture throughTranslaVon and