perdag 09 03 06 - peraturan beacukai (inggris)
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REGULATION
MINISTER OF TRADE OF THE REPUBLI C OF INDONESIA
NUMBER: 09/ M-DAG/ PER/ 3/ 2006DATED MARCH 26, 2006
REGARDING
PROVISIONS AND PROCEDURES FOR THE ISSUANCE OF TRADING
BUSINESS LICENSE
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:a. that Trading Business License (SIUP) as either one of business legality in
the field of trade necessary to be given facilitation, uniformity and
orderliness in implementation of the SIUP issuance;
b. that implementation in part of Regional Government tasks which better
transparent and uniform will be able to enhance the smooth provide ofpublic services;
c. that at the moment of the national companies in the field of trade already
growing to sell their shares to the public through public offering widelyand openly therefor in part of their shares are owned by foreign citizens;
d. that based on consideration as meant of letters a, b and c its necessary to
issue a Regulation of the Minister of Trade.
In view of:
1. Trade Ordinance of 1934 (State Gazette of 1938 Number 6);
2. Emergency Law Number 7 Year 1955 regarding Investigation,
Disciplining and Legal Proceedings of Economic Crimes (State Gazette of
the Republic of Indonesia of 1955 Number 27, Supplement to StateGazette Number 801) as already amended several times and the latest
by Law Number 17 Year 1964 (State Gazette of 1964 Number 101,Supplement to State Gazette Number 2692);
3. Law Number 1 Year 1967 regarding Foreign Investment (State Gazetteof the Republic of Indonesia of 1967 Number 1, Supplement to State
Gazette Number 2818) as already amended by Law Number 11 Year
1970 (State Gazette of 1970 Number 46, Supplement to State GazetteNumber 2943);
4. Law Number 6 Year 1968 regarding Domestic Investment (State Gazette
of the Republic of Indonesia of 1968 Number 33, Supplement to State
Gazette Number 2853) as already amended by Law Number 12 Year
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1970 (State Gazette of 1970 Number 47, Supplement to State GazetteNumber 2944);
5. Law Number 3 Year 1982 regarding Obligatory of Company Registration(State Gazette of the Republic of Indonesia of 1982 Number 7,
Supplement to State Gazette Number 3214);
6. Law Number 25 Year 1992 regarding Cooperative Affairs (State Gazette ofthe Republic of Indonesia of 1992 Number 116, Supplement to State
Gazette Number 3502);
7. Law Number 1 Year 1995 regarding Limited Liability Companies (State
Gazette of the Republic of Indonesia of 1995 Number 13, Supplement toState Gazette Number 3587);
8. Law Number 9 Year 1995 regarding Small-scale Business (State Gazette of
the Republic of Indonesia of 1995 Number 24, Supplement to StateGazette Number 3611);
9. Law Number 32 Year 1997 regarding Futures Commodity Exchange (State
Gazette of the Republic of Indonesia of 1997 Number 93, Supplement toState Gazette Number 3720);
10. Law Number 34 Year 1999 regarding Provincial Governance of JakartaCapital Special Region of the Republic of Indonesia (State Gazette of the
Republic of Indonesia of 1999 Number 146, Supplement to StateGazette Number 3878);
11. Law Number 36 Year 2000 regarding Stipulation of Government
Regulation In Lieu of Law Number 1 Year 2000 regarding Free TradeAreas and Free Ports into a Law (State Gazette of 2000 Number 251,Supplement to State Gazette Number 4053);
12. Law Number 37 Year 2000 regarding Stipulation of GovernmentRegulation In Lieu of Law Number 2 Year 2000 regarding Sabang FreeTrade Area and Free Port into a Law (State Gazette of the Republic of
Indonesia of 2000 Number 252, Supplement to State Gazette Number
4054);
13. Law Number 32 Year 2004 regarding Regional Government (State
Gazette of the Republic of Indonesia of 2004 Number 125, Supplementto State Gazette Number 4437);
14. Government Regulation of the Republic of Indonesia Number 1 Year 1957
regarding Reservation of Companies (State Gazette of 1957 No. 7,
Supplement to State Gazette Number 1144) as already amendedseveral times and the latest by Government Regulation Number 53 Year
1957 (State Gazette of 1957 Number 150, Supplement to State Gazette
Number 1467);
15. Government Regulation of the Republic of Indonesia Number 36 Year1977 regarding Termination of Foreign Business Activities in the Field of
Trade (State Gazette of 1977 Number 60, Supplement to State Gazette
Number 3113) as already amended several times and the latest by
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Government Regulation Number 15 Year 1998 (State Gazette of 1998Number 25, Supplement to State Gazette Number 3734);
16. Presidential Decree of the Republic of Indonesia Number 187/M Year2004 regarding United Indonesia Cabinet Formation, as already
amended by Presidential Decree Number 171/M Year 2005;
17. Presidential Regulation of the Republic of Indonesia Number 9 Year 2005regarding The Status, Tasks, Functions, Structure of Organizations, and
Working-System of Administration for the State Ministers of the Republicof Indonesia as already amended by Presidential Regulation Number 62
Year 2005;
18. Presidential Regulation of the Republic of Indonesia Number 10 Year
2005 regarding The First Echelon Organizational Units and Duties of the
State Minister of the Republic of Indonesia as already amended byPresidential Regulation of the Republic of Indonesia Number 80 Year2005;
19. Regulation of the Minister of Trade Number 01/M-DAG/PER/3/2005regarding the Organization and Working Arrangement of the Ministry ofTrade as already amended by Regulation of the Minister of Trade
Number 30/M-DAG/PER/12/2005.
D E C I D E S:
To stipulate: REGULATION OF MINISTER OF TRADE OF THE REPUBLIC
OF INDONESIA REGARDING PROVISIONS AND
PROCEDURES FOR THE ISSUANCE OF TRADING
BUSINESS LICENSE
CHAPTER I
GENERAL PROVISION
Article 1
In this Regulation, the meaning of:1. Trade is transactions business activities of goods or services, just as to
buy and sell, leasing, rent which implemented continually with thepurpose for right transferring of goods or services, accompanied by
recompense or compensation.2. Company is every form of business which to undertake of trading
business activities permanently, in sustainable, established, working anddomiciled in the territory of the Republic of Indonesia for the purposes
to acquire gain and or profit.
3. Public Listed Company is a corporation having capital and shareholderquantity fulfilling certain criteria or corporation which performs public
offering in accordance with the legislation in the field of capital market.
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4. Application Letter for Trading Business License hereinafter called SP-SIUP is a form of license application, which is filled by company and
contains of company data for acquire SIUP of Small/Medium/Large-scaleBusiness and SIUP of Public Listed Company (Tbk).
5. Trading Business License hereinafter called SIUP is a license letter of the
company for able to undertake of trading business activities.
6. Trading Business License of Public Listed Company hereinafter called
SIUP of Public Listed Company (Tbk) is a license for the public listedcompanies which to undertake of trading business activities and already
selling their shares to the public, business entities and/or foreignindividual through public offering and openly based on the legislation in
force.
7. Corporate Changeover is changeover of corporate data which involve thechange in corporate name, entity body of company, corporate officeaddress, name of owner/responsible person, net capital and asset,
business line, kinds of the main merchandise/services.
8. Corporate Branch is company which constitute a unit or part of the holdingcompany domiciled in other place and working on behalf of self-name,
which assigned to perform in part of the task of their holding company.
9. Corporate Representative is a company which working as represent of thecompany headquarter office that appoint to undertake an activity and or
managing in accordance with the delegated authority.
10. Issuer Official of SIUP /Appointed Official is the head of service officewhich responsible in the field of trade affairs in their working jurisdiction
or local of the Head Licensing Service Office.
11. Governor is the head of provincial region as meant in Law of the Republicof Indonesia Number 34 Year 1999 regarding Provincial Governance ofJakarta Capital Special Region of the Republic of Indonesia and Law
Number 32 Year 2004 regarding Regional Government.
12. Regent is the head of regental region as meant in Law of the Republic ofIndonesia Number 32 Year 2004 regarding Regional Government.
13. Mayor is the head of municipal region as meant in Law of the Republic ofIndonesia Number 32 Year 2004 regarding Regional Government.
14. Minister is the Minister who has duty and his/her responsibility in the
field of trade affairs.
CHAPTER I I
TRADING BUSINESS LICENSE (SIUP )
Article 2
(1) Every company obligates to possess of SIUP.
(2) SIUP as meant in sub-article (1) consists of:a. SIUP of Small-scale Business
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b. SIUP of Medium-scale Business
c. SIUP of Large-scale Business
d. SIUP of Public Listed Company (Tbk)
Article 3(1) SIUP of Small-scale Business obligates to be owned by the companies
which have the total net capital and assets up to Rp. 200,000,000 (twohundred million rupiahs), excluding land and building of business place.
(2) SIUP of Medium-scale Business obligates to be owned by the companieswhich have the total net capital and assets above Rp. 200,000,000 (two
hundred million rupiahs) up to Rp. 500,000,000 (five hundred millionrupiahs) excluding land and building of business place.
(3) SIUP of Large-scale Business obligates to be owned by the companies
which have the total net capital and assets above Rp. 500,000,000 (five
hundred million rupiahs) excluding land and building of business place.(4) SIUP of Public Listed Company (Tbk) obligates to be owned by the
companies as meant in sub-article (3) which status of public-listed
company and already selling maximally 45% of the whole corporate
shares to business entities and/or foreign individuals through publicoffering and openly.
Article 4
(1) The obligation to have SIUP as meant in Article 2 sub-article (1) shall bein exception for:
a. corporate branch or corporate representative;b. individual small-scale companies, which:
1) unformed of entity body or alliance;
2) to be managed, operated or managed directly by self-owners or
family members/closest relatives.
c. mobile peddlers, street peddlers and sidewalk vendors or footpathpeddlers.
(2) The companies as meant in sub-article (1) letters b and c able to begiven SIUP in case of the concerned wish it.
Article 5
(1) The companies which already possess SIUP are prohibited to perform:
a. trading goods and/or services which unsuitable as entered withinSIUP;
b. collected works of fund from the public;
c. to perform business of futures commodity exchange.
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(2) The companies as meant in sub-article (1) letter c are excepted againstthe prohibition in case of already comply with the stipulated
requirements able to undertake of futures commodity exchangeactivities in accordance with the provisions of legislation in force.
Article 6
(1) SIUP is issued base on the corporate domicile and applied thoughout the
territory of the Republic of Indonesia.
(2) SIUP is given to the responsible person/president director/company
owner who has Indonesian citizenship on behalf of the company.
Article 7
(1) SIUP is applied for the duration of the companies working in tradingbusiness activities.
(2) The companies as meant in sub-article (1) are obligate to repeat of
register every 5 (five) years in the place of SIUP is issued.
CHAPTER II I
AUTHORITIES
Article 8
(1) The Minister has authority to regulatory of SIUP.
(2) The Minister to delegates the issuance authority of SIUP to the
Governors/Regents/Mayors.
(3) Regents/Mayors to delegate the issuance authority of SIUP to the Headsof Service Offices which responsible in the field of trade affairs or localof the Heads of Licensing Service Offices.
(4) Especially for the Province of Jakarta Capital Special Region, the
issuance authority of SIUP is on the hand of the Governor which todelegate of the issuance authority of SIUP to the Heads of ServiceOffices which responsible in the field of trade affairs or local of the
Heads of Licensing Service Offices.
(5) The Licensing Service Offices are obligate coordinated with local ServiceOffices which responsible in the field of trade affairs for issuance of
SIUP.
Article 9
Especially for Free Trade Areas and Free Ports, the Governors,Regents/Mayors to delegate the issuance authority of SIUP to local of the
Head of Management Boards of Local Free Trade Areas and Free Ports.
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CHAPTER IV
PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF SIUP
Article 10
(1) SP-SIUP is submitted to Governors, Regents/Mayors through Heads ofService Offices which responsible in the field of trade affairs or Heads of
Licensing Service Offices as Issuer Officials of SIUP in their working jurisdiction by fill up the Form of SP-SIUP of Model A as entered inEnclosure I of this regulation.
(2) SP-SIUP as meant in sub-article (1) must be signed on an adequate duty
stamp by Owners/President Directors/Responsible Person of Companies.
(3) The third party to care for acquire of SIUP is obligate to encloseauthorize letter which adequate duty stamped and signed by
Owners/President Directors/Responsible Person of Companies.
Article 11
(1) SP-SIUP as meant in Article 10 must be completed with the documentsas following:
a. The company which being in the form of Limited Liability Companies:
1) Copy of Notary Deed of Companys Establishment andAmendments and decision on legalization of Entity Body of
Limited Liability Companies from the Ministry of Law and HumanRights;
2) Copy of Citizenship Identity Card (KTP) of owners/presidentdirectors/responsible person of companies;
3) Balance sheet of companies; and
4) Photo of responsible person of companies/presidentdirectors/companies owners, size 4 X 6 cm (two sheets).
b. The company which being in the form of Public Listed Companies:
1) Copy of SIUP before to become the public listed companies;
2) Copy of Notary Deed of Companys Establishment andAmendments and decision on status approval letter of non public-listed companies to become the public listed companies from the
Ministry of Law and Human Rights;
3) Explanation Letter or Certificate from the Capital MarketSupervisory Board that the companies concerned already to
perform the public offering widely and openly;
4) Copy of Citizenship Identity Card (KTP) of owners/presidentdirectors/responsible person of companies;
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5) Copy of Acceptance Identity Letter of Annual Financial Report ofCompanies (STP-LKTP) for the last accounting year;
6) Photo of responsible person of companies/presidentdirectors/companies owners, size 4 X 6 cm (two sheets).
c. The company which being in the form of Cooperative:
1) Copy of the Establishment Deed of Cooperative which already toacquire of legalization from the authorized institution;
2) Copy of Citizenship Identity Card (KTP) ofmanagerials/leadership/responsible person of cooperatives;
3) Balance sheet of cooperatives; and
4) Photo of responsible person of companies/presidentdirectors/companies owners, size 4 X 6 cm (two sheets).
d. The company which being in the form of CV of Firms:
1) Copy of the Establishment Deed of Company/Notary Deed of
Companies already registered at the Regency/Municipality Court;2) Copy of Citizenship Identity Card (KTP) of personnel in
charge/companies owners;
3) Balance sheet of companies; and
4) Photo of responsible person of companies/presidentdirectors/companies owners, size 4 X 6 cm (two sheets).
e. The company which being in the form of Individual Companies:
1) Copy of Citizenship Identity Card (KTP) of personnel incharge/companies owners;
2) Photo of responsible person/companies owners sizing 4 X 6 cm(two sheets).
(2) In order to conveying copies of the documents as meant in sub-article
(1), the applicant is obligate to show the original documents and will bereturned to companies concerned after executed examination on its
legality.
(3) After to perform examination on legality of the company documents,then the issuer official of SIUP/appointed official:
a. to perform examination/survey of companies locations;
b. to make official report on examination results of companies locations.
Article 12
The companies which excepted own of SIUP as meant in Article 4 sub-
article (1) letters b and c, able to submit SP-SIUP to the issuer official of
SIUP/appointed officials with to enclose a copy of KTP of responsibleperson/companies owners.
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Article 13
(1) At the latest 5 (five) working days calculated since the date of accepted
of completely and true SP-SIUP of Model A, the issuer officials of SIUP toissue of SIUP by using Form of Model B as entered in Enclosure II of this
regulation with the provision as following:
a. White color for SIUP of Small-scale Businessb. Blue color for SIUP of Medium-scale Business
c. Yellow color for SIUP of Large-scale Businessd. Green color for SIUP of Public Listed Company
(2) In the case of SP-SIUP of Model A being deemed not yet complete andtrue, the issuer officials of SIUP/appointed officials to convey rejection
letter of the issuance of SIUP to the applicant of SIUP at the latest 3(three) work days calculated since the date of accepted SP-SIUP of
Model A by using Form of Model C as entered in Enclosure III of thisregulation.
(3) The applicant of SIUP which their applications rejected able to submit
applications of SIUP again pursuant the requirements as stipulated inthis regulation.
Article 14
(1) The companies which already have SIUP at the latest 3 (three) months
since the date of SIUP is issuaed, obligate to register their companies at
the Corporate List as meant in Law Number 3 Year 1982 regardingObligatory of Company Registration.
(2) Especially for a company in the form of Limited Liability Companies, theregistration as meant in sub-article (1) obligate to be done at the latest
30 (thirty) days after the legalization or approval is given.
CHAPTER V
OPENING OF BRANCH OFFICE/ REPRESENTATIVE OF COMPANY
Article 15
(1) SIUP Owners or managerials of companies which already have SIUP
going to open the branch office/representative of the companiesobligate to report in writing to the issuer officials of SIUP/appointed
officials at local of domiciles of the branch offices/representative of the
companies.
(2) The writing report as meant in sub-article (1) obligate to be completedby the documents as following:
a. Copy of SIUP of Headquarters of the companies, which already
legalized by the issuer officals of SIUP/appointed officals;
b. Copy of notary deed of opening the branch office/representative of
the companies; and
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c. Copy of Citizenship Identity Card (KTP) and appointment letter as theResponsible of person of the branch officce/representative of the
companies;
(3) At the latest 5 (five) working days calculated since the date of accepted
of the report and documents as meant in sub-article (1) and (2)
completely and true, the issuer officials of SIUP/appointed officials torecord/register in the Registry Book of the Opening of Branch
Office/Representative of Companies and put signature, signet on copy ofSIUP of the Holding Companies as a proof that the SIUP mentioned alsoapplied to the branch office/representative of the companies.
CHAPTER VI
CHANGEOVER OF CORPORATE
Article 16
(1) Every changeover of the corporate data, including changeover in net
capital, assets, quantity and or ownership of shares, the companiesobligate to submit applications for changeover SIUP in writing to the
issuer officials of SIUP/appointed officials at the latest 3 (three) monthscalculated since the date of the changeover is occur.
(2) Against the changeover of the corporate data as meant in sub-article(1), the companies obligated to submit application for changeover SIUP
of Small/Medium/Large-scale Business/Public Listed Company (Tbk) by
fill up the Form of SP-SIUP of Model A.
(3) Against the changeover of the corporate data as meant in sub-article
(1), the issuer officials of SIUP/appointed officials to issue Approval of
Changeover of SIUP by using Form of Model D as entered in EnclosureVIof this regulation.
Article 17
(1) In case of SIUP disappear, damaged or being unreadable, the companiesconcerned must to submit an application for substitution of SIUP to the
issuer officials of SIUP/appointed officials in their working jurisdiction for
acquire substitute of SIUP.
(2) The substitution application of SIUP as meant in sub-article (1) issubmitted by completed:a. Explanation Letter of Disappearance from local Police; or
b. Original SIUP which damaged or unreadable.(3) At the latest 5 (five) working days calculated since the date of accepted
of a substitution application of SIUP as meant in sub-article (2), the
issuer officials of SIUP/appointed officials to issue substitute of SIUPwith to put a substitute word on the upper left side of the first page of
SIUP Form of Model B.
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CHAPTER VII
COST
Article 18
(1) Every company which to submit an application of SIUP is imposed to
administrative cost for:a. SIUP of Small-scale Business at the most Rp. 100,000 (one hundred
thousand rupiahs);
b. SIUP of Medium-scale Business at the most Rp. 150,000 (one
hundred and fifty thousand rupiahs);
c. SIUP of Large-scale Business at the most Rp. 300,000 (three hundred
thousand rupiahs);
d. SIUP of Public Listed Company (Tbk) at the most Rp. 300,000 (threehundred thousand rupiahs).
(2) The amounts of the cost imposition as meant in sub-article (1) letters a,b, c and d constitute guidance for Regional Governments of Province,
Regental/Municipal in determine an amounts of the cost.
(3) The applications of SIUP of Mobile Peddlers, Street Peddlers andSidewalk Vendors or Footpath Peddlers are exempt from administration
cost.
CHAPTER VII I
REPORTING
Article 19
(1) SIUP Owners or managerials of companies which already have SIUPobligate to convey a report on corporate activities to the issuer officials
of SIUP/appointed officials.
(2) The report as meant in sub-article (1) obligate to be reported by:a. Owners of SIUP of Small-scale Business with the capital and total net
assets over Rp. 50,000,000 (fifty million rupiahs) up to Rp.200,000,000 (two hundred million rupiahs), excluding land and
building of business place, once in every year at the latest perJanuary 31 of the ensuing year;
b. Owners of SIUP of Medium and Large-scale Business, twice perannum;
c. Owners of SIUP of Public Listed Company (Tbk), twice per annum.
(3) The report conveying as meant in sub-article (2) letters b and c is
implemented with the schedule as follows:
a. the first report at the latest on every July 31 of the current year;b. the second report at the latest on every January 31 of the ensuing
year.
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(4) The report as meant in sub-article (2) letters a, b and c is conveyed byusing Form of Model E as entered in Enclosure V of this regulation.
(5) SIUP Owners of Small-scale Business with the capital and total netassets below Rp. 50,000,000 (fifty million rupiahs), excluding land and
building, are exempt from the obligation to convey the report on
corporate activities.
Article 20
SIUP Owners or managerials of companies which already have of SIUP
obligate to convey report and data/information on implementation ofbusiness activities, at anytime in case of requested by the Minister or the
issuer officials of SIUP/appointed officials.
Article 21
(1) SIUP Owners or managerials of companies which already have of SIUP
but to undertake no business activities for 6 (six) months in successionor close their companies obligate to convey report in writing to the
issuer officials of SIUP/appointed officials, accompanied with the reasonsof closure and return of the original SIUP.
(2) The issuer officials of SIUP/appointed officials who accept the report as
meant in sub-article (1), to issue a decision on closure of companies byusing Form of Model F as entered in Enclosure VI of this regulation.
Article 22
(1) The issuer officials of SIUP/appointed officials to convey report onprogress the issuance data, revocation, closure of companies and
information of trading business activities to the Director General ofDomestic Trade through the Director of Business Development and
Corporate Registration with the copies to the Governors,
Regents/Mayors and Heads of Provincial Service Office which responsiblein the field of trade affairs.
(2) The report as meant in sub-article (1) is conveyed twice in one year with
the schedule as following:
a. the first report for the period of January June of the current year, atthe latest on every July 31 of the current year;
b. the second report for the period of July September of the current
year, at the latest on every January 31 of the ensuing year.
CHAPTER IX
SANCTION
Article 23
(1) SIUP Owners or managerials of companies which already have SIUP that
infringe the provisions as meant in Article 5 sub-article (1) letter a,
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Article 7 sub-article (2) Article 15 sub-article (1) Article 16 sub-articles(1) and (2), Article 19 sub-article (1), (20 and (3), Article 20 and Article
21 sub-article (1) are imposed the administrative sanction in the form ofWritten Warning by the issuer officials of SIUP/appointed officials.
(2) The Written Warning as meant in sub-article (1) is issued at the most 3
(three) times in succession with a time interval of 2 (two) weeks,calculated since the date of delivery by the issuer officials of
SIUP/appointed officials with to issue Written Warning of Model C asentered in Enclosure VII of this regulation.
Article 24
(1) SIUP Owners or managerials of companies which already have SIUP that
infringe the provisions as meant in Article 23 sub-article (2) are imposedthe administrative sanction in the form of suspension of SIUP at the
latest for one month.
(2) The suspension of SIUP as meant in sub-article (1) executed by theissuer officials of SIUP/appointed officials by issuing a decision on
suspension of SIUP of Model H as entered in Enclosure VIII of thisregulation.
Article 25
(1) SIUP Owners or managerials of companies which already have SIUP thatinfringe the provisions as meant in Article 3 and Article 24 sub-article
(1) are imposed the administrative sanction in the form of Revocation ofSIUP.
(2) The revocasion of SIUP as meant in sub-article (1) executed by the
issuer officials of SIUP/appointed officials with to issue a decision onsuspension of SIUP of Model I as entered in Enclosure IX of thisRegulation.
Article 26
The infringement against the provisions in Article 2 sub-article (1) andArticle 5 sub-article (1) letters b and c and Article 14 is imposed the
sanction according to the provisions of legislation in force.
CHAPTER X
OTHER PROVISIONS
Article 27
(1) The companies which already revoked of their SIUP able to submit the
objection to the issuer officials of SIUP/appointed officials at the latest
30 (thirty) working days since the date of revocation.
(2) The issuer officials of SIUP/appointed officials as meant in sub-article (1)
at the latest 15 (fifteen) working days since the date of receipt of the
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objection application, able to accept or to reject the objection in writingaccompanied with the reasons.
(3) In case of the objection application being acceptable, SIUP which alreadyrevoked is issued again.
Article 28
Every company which to undertake of trading business activities havingdistinctive characteristics or profession such as Survey Service, Direct
Selling, Modern Market, Sales of Alcoholic Drink and Sales of DangerousMaterials obligate to possess a special business license which regulated in
other legislation.
Article 29
(1) The Directorate General of Domestic Trade to conduct edifying and
supervisory against the issuance implementation of SIUP.
(2) The Provincial Service Office which responsible in the field of tradeaffairs to perform the task of monitoring and evaluation against the
issuance implementation of SIUP in their working jurisdiction.
Article 30
The implementation provisions and technical matters not regulated yet in
this Minister regulation, stipulated further by the Director General ofDomestic Trade, Ministry of Trade.
CHAPTER XI
TRANSITION PROVISIONS
Article 31
(1) Companies which to submit an applications for acquire SIUP that in the
process of settlement before this regulation is stipulated obligate to
submit again a new application to the issuer officials of SIUP/appointedofficials in accordance with the provisions in this regulation.
(2) The Public Listed companies which have a foreign share at the most 49%
of the total corporate shares before this regulation effectivem, are givena chance to possess SIUP of Public Listed Companies (Tbk) at the latest12 (twelve) months since the date of stipulated of this regulation.
Article 32
In case of the Public Listed Companies in the past already have SIUP asmeant in Article 2 sub-article (2) letters a, b and c, therefor their licenseis declared null and void since the date of its issuance SIUP of Public
Listed Companies (Tbk).
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CHAPTER XII
CLOSING PROVISIONS
Article 33
With its applied of this regulation, Decree of the Minister of Industry andTrade Number 289/MPP/Kep/10/2001 regarding Standard Provisions on
the Issuance of Trading Business License (SIUP) is revoked and declarednull and void.
Article 34
This Regulation comes into force since on the date of stipulated.
In order to the people cognizance, to command announcement this
Regulation by placing it in the State Announcement of the Republic of
Indonesia.
Stipulated in Jakarta
At March 29, 2006
MINISTER OF TRADE
OF THE REPUBLIC OF INDONESIA
Signed
MARl ELKA PANGESTU
This copy is in conformity with the original one.
Head of Bureau of Law
Ministry of Trade
DJUNARI I. WASKITO
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ENCLOSURE OF REGULATION MINISTER OF TRADE OF THE REPUBLIC OFINDONESIA
NUMBER : 09/M-DAG/PER/3/2006DATED : March 29, 2006
ENCLOSURE LIST
1. ENCLOSURE I : Form of Model A, Application for Trading Business License(SP-SIUP).
2. ENCLOSURE II : Form of Model B, Application for Trading Business License(SIUP) Small/Medium/Large-Scale Business/Public ListedCompany* (Tbk).
3. ENCLOSURE III : Form of Model C, Rejection Application of SIUP (SP-SIUP)
4. ENCLOSURE IV : Form of Model D, Changeover Approval of SIUP.
5. ENCLOSURE V : Form of Model E, Periodical Report on Trading BusinessActivities
6. ENCLOSURE VI : Model F, Decision of the Closure of Company.
7. ENCLOSURE VII : Model G, Written Warning
8. ENCLOSURE VIII : Model H, Decision of the Suspension for Trading BusinessLicense (SIUP).
9. ENCLOSURE IX : Model I, Decision of the Revocation for Trading BusinessLicense (SIUP).
MINISTER OF TRADE
OF THE REPUBLIC OF INDONESIA
Signed
MARl ELKA PANGESTU
This copy is in conformity with the original one.
Head of Bureau of Law
Ministry of Trade
DJUNARI I. WASKITO
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ENCLOSURE I Model A
To be filled by applicant
To be filled by officialApproval: To:Number : Governor of DKI/Regent/MayorDate : attention for Regental/Municipal
Service ..In ..
APPLICATION FOR TRADING BUSINESS LICENSE
(SMALL/MEDIUM/LARGE-SCALE BUSINESS/PUBLIC LISTED COMPANY*)To be filled/typed by capital letter
Number: ..
Date : ..- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I. Objective of an application 1. Obtain/Extend of SIUP(Encircle the wished figure) 2. Changeover in Corporate Ownership
3. Changeover in Corporate Address4. Changeover in Corporate Name5. Changeover in Entity Body of
Company6. Institutional Changeover7. Changeover in Net Capital & Assets
8. Changeover in Merchandise/Services9. Changeover in Business Activities
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
II . Corporate Identity1. Name :
2. Entity Body : PT/Cooperative/CV/Firm/Individual*)3. Address :
Telephone/Facsimile No ..
4. Status of Business Place: Self-Ownership/Rent/Contract/Others*)5. Taxpayer Code Number: 6. Permit of Business Place:
III. Identity of Responsible Person/President Director/ Company Owner
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1. Full Name :
2. Place and date of birth : ........
3. Address of Home/domicile : .
4. Husband/Wife*)
a. Name : .
b. Citizenship : .
IV. Corporate Legality
1. Company in the Form of Limited Liability Company
1. Deed of Establishmenta. Name of Notary :
b. Number and date of deed :
c.No. & date of legalization of entity body:
2. Deed of change
a. Name of Notary :
b. Number and date of deed :
c. No. & date of legalization of entity body:
2. Company in the Form of CooperativeDeed of Establishment
1. Number/date of deed :
2. Number/date of legalization:
3. Individual Company, CV, FirmDeed of Establishment
1. Number/date of deed :
2. Number/date of legalization /registration: .........
V. Total net capital and asset : Rp..
of company, excluding landand building of business place
Ownership Composition of share(especially for public listed company)
1. Foreign entity body and/or :Rp......................................( %)Foreign citizen
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2.National/Domestic :Rp.......................................( %)
VI. Business activity :
1. Institutional :
2. Business line (pursuant KLBI) : (five digit)
3. The main merchandise/services :..
4. Trademark & Registration Number of Intellectual Property Right:
VII. Relationship to Bank:
1. Domestic Bank:
1. a. Name :b. Address :
2. a. Name :b. Address :
2. Overseas Bank:
1. a. Name :b. Address :
2. a. Name :b. Address :
Thus, we make this SIUP application letter and the content truthfully andin case of data/information and explanation abovementioned and untruthful orfalse, we are profess ready for our SIUP is revoked and prosecuted in
accordance with the existing legislation.
.Name and signature Responsible
Person/PresidentDirector/Company Owner
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Corporate signet and adequateduty stamp
.
Utilization of SP-SIUP Sheet:1. First Sheet : Issuer Official of SIUP2. Second Sheet : The company concerned3. Third Sheet : Provincial Service ........
Note:*) Cross out which unnecessary;
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ENCLOSURE II
Color paper
White/Blue/Yellow/Green
Model B
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
TRADING BUSINESS LICENSE (SMALL/MEDIUM/LARGE-SCALEBUSINESS/PUBLIC LISTED COMPANY (Tbk)*)
Number:Name of company: ..Address of company office: ..
.. Phone No. Fax No...
Name of Responsible Person: .Address of Home of Responsible Person:.
Phone No. Fax No....
Taxpayer Code Number:.Total net capital and asset : Rp..of company, excluding landand building of business place
Ownership Composition of share1. Foreign entity body and/or :Rp......................................( %)
Foreign citizen
2. National/Domestic :Rp......................................( %)
Business activity :
Institutional :
Business line :
The main merchandise/services :
Serial NumberTo be filled by
official
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SIUP is issued with the terms that:1. SIUP applied to undertake trading business activities throughout territory of
the Republic of Indonesia on condition that the company remain to perform
trading business activities.2. The company obligate to convey periodically report on trading business
activities.
3. SIUP does not valid to undertake business activities of future commodityexchange, Survey service, Direct Selling, Modern Market, sales of alcoholicdrink and sales of dangerous materials.
4. SIUP does not valid to undertake business activities other than which enteredin this SIUP.
5. The company obligate to repeat of register of SIUP on date .
Issued inOn date .
ISSUER OFFICIAL OF SIUP..
*) Cross out which unnecessary**) Especially for public listed company (Tbk)
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE I IIModel C
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
Number : Place and dateEnclosure :Subject : Rejection of SIUP Application To
.. .. in
.
Based on examination result against your application by SP-SIUP NumberDate.on behalf of (company).obviouslynot complete yet and true, therefore unable to be processed for theissuance of SIUP.The shortages are:1. 2. 3. 4.
In case of you remain to wish for obtain SIUP, then youmust to complete the shortages abovementioned in not later than 5(five) working days since the date of rejection issued.
Thus, this is for your attention.
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE I V
Model D
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
Number : Place, and dateEnclosure :Subject : Changeover Approval of SIUP
Data for Small/Medium/LargeScale Business/Public ListedCompany
To.. .. in
.
Referring to your letter Number.. date onsubject changeover report for company data on behalf of.., we herewith approve the changeover mentioned asfollows:
Old data:.
New data:..
This approval of the changeover is constitute part which inseparable fromSIUP of Small/Medium/Large Scale Business/Public Listed Company (Tbk)Number.date..
Thus, in order to understand.
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE V
Model E
PERIODICAL REPORT ON TRADING BUSINESS ACTIVITIESPERIOD OF YEAR ..
1. Name of Company:2. Address :3. Number of SIUP :
Total of ManpowerKind of
merchandise/services
SellingVolume
SellingValue (persons) Problems
Foreign/DomesticCapital*)
NO. Trademark
(Rp) Domestic Foreigner
Explan
*) Especially for public listed company (Tbk)
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ENCLOSURE VI
Model F
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
DECISION OF THE ISSUER OFFICIAL OF SIUP00000000000000000000
Number:
REGARDING
CLOSURE OF COMPANY
Considering: that referring (name of company) already to terminate for businessactivities, it is deemed necessary to close the company mentioned;
In view of: 1. Bedrijfsreglementerings Ordonantie 1934 (State Gazette ofNumber 86);
2. Law Number 3 Year 1982 regarding Corporate Registry (StateGazette of 1982 Number 7, Supplement to State GazetteNumber 3214);
3. Government Regulation of the Republic of Indonesia Number 1Year 1957 regarding Reservation of Companies (State Gazette
of 1957 No. 7, Supplement to State Gazette Number 1144) asalready amended several times and the latest by Government
Regulation Number 53 Year 1957 (State Gazette of 1957
Number 150, Supplement to State Gazette Number 1467);
4. Regulation of the Minister of Trade Number ..../M-DAG/PER/./2006 regarding Provisions and Procedures for
Issuance Trading Business License;
Observing: 1. ..2. .. 3. ..
DECIDESTo stipulate:
FIRST : To close the company mentioned this beneath:1. Name of company:2. Address of company:3. Name of responsible person:
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4. Number of SIUP:
SECOND : In connection with the closure of the company as meant inDictum FIRST of this decision, and then the companyconcerned is prohibited from undertaking trading businessactivities since the date of stipulated of this decision.
THIRD : SIUP must be returned to the institution which issue ofSIUP.
FOURTH : The infringement against the provision as meant in DictumSECOND of this decision is subjected to be imposedeconomic criminal sanction in accordance with theprovisions in force.
FIFTH : This decision comes into force since the date of stipulated.
Stipulated inOn .
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE VII
Model G
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
Number : Place, and dateEnclosure :Subject : ....Warning on Implementation
Provision for SIUP ofSmall/Medium/Large ScaleBusiness/Public ListedCompany (Tbk)
To.. .. in
.
In accordance with Trading Business License (SIUP)Number.. dated on behalf of (company).., and already executed for inspection andexamination that your company obviously unfulfilled the provisions asregulated in Regulation of the Minister of Trade Number 09/M-DAG/PER/3/2006, among others:
1. 2. 3. 4.
In connection with abovementioned, we ask you so that in 2(two) weeks since the date this letter issued, already fulfill to theprovision of SIUP in force and report it to us on the first occasion.
Thus, this is for your attention.
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE VI II
Model H
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
DECISION OF THE ISSUER OFFICIAL OF SIUP00000000000000000000
Number:
REGARDING
SUSPENSION OF TRADING BUSINESS LICENSE
Considering : that based on examination and inspection against theimplementation of trading business activities as entered inSIUP Numberdated.on behalf of .run inbusiness activities ..........which addressed in.......... obviouslyunfulfilled the requirements and provisions which alredystipulated therefore SIUP of company concerned isnecessary suspended;
In view of : 1.Bedrijfsreglementerings Ordonantie 1934 (State GazetteofNumber 86);
2. Emergency Law Number 7 Year 1955 regarding
Investigation, Disciplining and Legal Proceedings ofEconomic Crimes (State Gazette of 1955 Number 27,
Supplement to State Gazette Number 801) as alreadyamended several times and the latest by Law Number
17 Year 1964 (State Gazette of 1964 Number 101,
Supplement to State Gazette Number 2692);
3. Law Number 3 Year 1982 regarding Corporate Registry(State Gazette of 1982 Number 7, Supplement to
State Gazette Number 3214);
4. Government Regulation of the Republic of IndonesiaNumber 1 Year 1957 regarding Reservation ofCompanies (State Gazette of 1957 No. 7, Supplement
to State Gazette Number 1144) as already amended
several times and the latest by GovernmentRegulation Number 53 Year 1957 (State Gazette of1957 Number 150, Supplement to State Gazette
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Number 1467);
5. Regulation of the Minister of Trade Number ..../M-DAG/PER/./2006 regarding Provisions and
Procedures for Issuance Trading Business License;
Observing : 1. 2. .
DECIDES
To stipulate :
FIRST : To suspend of SIUP Number dated on behalf of . whichrunning in trading business activity......... located in ..........
SECOND : In connection with the suspened of SIUP as meant in DictumFIRST, the company concernedis prohibited to undertaketrading business activity .. since the date of itsstipulated of the suspension of this SIUP.
THIRD : This decision comes into force since the date of stipulated.
Stipulated inOn .
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........
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ENCLOSURE IX Model I
LETTERHEAD OFTHE REGENTAL/MUNICIPAL GOVERNMENT.
THE REPUBLIC OF INDONESIA
DECISION OF THE OFFICIAL ISSUING SIUP00000000000000000000
Number:
REGARDING
REVOCATION OF TRADING BUSINESS LICENSE
Considering : that based on inspection and examination against theimplementation of trading business activities as entered inSIUP Numberdated.on behalf of . addressed in.......... obviously unfulfilled the requirements and provisionswhich already stipulated therefore SIUP of companyconcerned necessary to be revoked;
In view of : 1.Bedrijfsreglementerings Ordonantie 1934 (State GazetteofNumber 86);
2. Emergency Law Number 7 Year 1955 regardingInvestigation, Disciplining and Legal Proceedings of
Economic Crimes (State Gazette of 1955 Number 27,
Supplement to State Gazette Number 801) as alreadyamended several times and the latest by Law Number
17 Year 1964 (State Gazette of 1964 Number 101,Supplement to State Gazette Number 2692);
3. Law Number 3 Year 1982 regarding Corporate Registry(State Gazette of 1982 Number 7, Supplement to
State Gazette Number 3214);
4. Government Regulation of the Republic of IndonesiaNumber 1 Year 1957 regarding Reservation of
Companies (State Gazette of 1957 No. 7, Supplementto State Gazette Number 1144) as already amended
several times and the latest by Government
Regulation Number 53 Year 1957 (State Gazette of1957 Number 150, Supplement to State GazetteNumber 1467);
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5. Regulation of the Minister of Trade Number ..../M-DAG/PER/./2006 regarding Provisions and Procedures
for Issuance Trading Business License;
Observing : 1. .
2. .. 3. ..
DECIDES
To stipulate :
FIRST : To revoke of SIUP Number datedon behalf of . which running intrading business activity..... addressed in
SECOND : In connection with it is revoked of SIUP as meant in Dictum
FIRST, then the company concerned is prohibited toundertake in trading business activity.
THIRD : This decision comes into force since the date of stipulated.
Stipulated inOn .
ISSUER OFFICIAL OF SIUP
CC:1. Regent/Mayor......(as report);2. Head of Service (in charge of trading affairs) of Province ........