THE GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE REGULATION OF THE GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE

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1 1 COPY THE GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE REGULATION OF THE GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE NUMBER 28 OF 2016 ON SIMPLIFICATION OF LICENSING AND NON-LICENSING REQUIREMENTS BY THE GRACE OF GOD ALMIGHTY GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA, Considering : a. that in accordance with Governor Regulation Number 57 of 2014 on the Implementation of Regional Regulation Number 12 of 2013 on the Implementation of One-Stop Integrated Services as has been amended by the Governor Regulation Number 7 of 2016, it has been regulated the principles of simplification of licensing and the non-licensing requirements;

2 2 b. that in order to provide legal certainty to implement of the principle of simplification of licensing and the non-licensing requirements as referred to in paragraph, it is necessary to stipulate technically to be applied; c. that in accordance with the considerations as referred to in points a and b and to implement the provisions of Article 7 paragraph (2) point a Regional Regulation Number 12 Year of 2013 on the Implementation of One- Stop Integrated Services, this Regulation of the Governor on the Simplification of Licensing and the Non-Licensing Requirements; In view of : 1. Law Number 28 of 1999 on Clean Governance and Free from Corruption, Collusion and Nepotism; 2. Law Number 29 of 2007 on Government of Special Capital City Region of Jakarta as the Capital of Unitary State of the Republic of Indonesia; 3. Law Number 37 of 2008 on the Ombudsman; 4. Law Number 25 of 2009 on Public Service;

3 3 5. Law Number 12 of 2011 on the Formulation of Law and Regulation; 6. Law Number 23 of 2014 on Regional Government as has been amended several times the most recently by Law No. 9 of 2015; 7. Regulation of Government Number 96 of 2012 on the Implementation of Law Number 25 of 2009 on Public Service; 8. Regional Regulation Number 12 of 2013 on the Implementation of One-Stop Integrated Services; 9. Regional Regulation Number 1 of 2014 on Detailed Spatial Plan and Zoning Regulations; 10. Governor Regulation Number 55 of 2014 on the Organization and Work Procedures of One-Stop Integrated Service Agency; 11. Governor Regulation Number 57 of 2014 on the Implementation of Regional Regulation Number 12 of 2013 on the Implementation of One-Stop Integrated Services as has been

4 4 amended by the Governor Regulation Number 7 of 2016; DECIDED: To stipulate : REGULATION OF THE GOVERNOR ON SIMPLIFICATION OF LICENSING AND NON- LICENSING REQUIREMENTS. CHAPTER I GENERAL PROVISIONS Article 1 In this Governor Regulation, the following terms shall mean: 1. Region is Special Capital City Region of Jakarta. 2. Regional Government is the Governor and Regional apparatus as the elements of Local Government administrator. 3. Governor is the head of Special Capital City Region of Jakarta.

5 5 4. Regional Secretariat is the Regional Secretariat of Special Capital City Region of Jakarta. 5. Regional Secretariat is the Regional Secretariat of Special Capital City Region of Jakarta. 6. Inspector is the Inspector of Special Capital City region of Jakarta. 7. One-Stop Integrated Service Agency hereinafter abbreviated as BPTSP is the Regional Working Unit that implements the One-Stop Integrated Service. 8. Head of BPTSP is the Head of One-Stop Integrated Services of Special Capital City Region of Jakarta. 9. Administrative City is the Administrative City is in Special Capital City Region of Jakarta. 10. One-Door Integrated Service Office hereinafter abbreviated as KPTSP is the subordinate of BPTSP in Administrative City/Regency.

6 6 11. Sub-district is the Sub-district in Special Capital City Region of Jakarta. 12. Implementing Unit of Sub-District One- Stop Integrated Service hereinafter referred to as Satlak PTSP Sub-district is the Implementing Unit of PTSP in the Sub-District Level. 13. Villages are the villages (kelurahan) in Special Capital City Region of Jakarta. 14. Implementing Unit of Village One-Stop Integrated Service hereinafter referred to as Satlak PTSP Villages is the Implementing Unit of PTSP in village Level. 15. Regional Government Agency hereinafter abbreviated to as SKPD is the Regional Government Agency of the Special Capital City Region of Jakarta. 16. Regional Work Unit hereinafter abbreviated as UKPD is the subordinate unit or SKPD. 17. One-Door Integrated Service is the administration of licensing and non-licensing activities that the implementation processes start

7 7 from the proposal stage to issuance of documents stage in an integrated manner with one-door system in the Special Capital City Region of Jakarta. 18. Licensing is the legality provision in the forms of license to an individual or legal entity to perform business or particular activity. 19. License is a document issued based on regional regulations and/or other regulations that is the legality evidence to state whether an individual or a legal entity is valid or permitted to perform certain business or activity. 20. Non-Licensing is recommendations or other documents granted to individual or legal entity for a variety of purposes other than licensing application. 21. Non-License is a document issued by regional regulations and / or other regulations to recommend individual or legal entity stating whether an individual or a legal entity

8 8 is valid or permitted to perform certain business or activity. 22. Master License is a license that is the source that is the basis of license derivatives. For examples the master license is Building Construction Permit (IMB) and its derivatives are New IMB, Renewal IMB, Sub-division IMB, Copy IMB, Legalization IMB. CHAPTER II PRINCIPLE Article 2 Simplification of Licensing and Non-Licensing Non Requirements shall be performed with the principles of: a. there is shall not be any requirements duplication for both one and/or several types of Licenses and Non-License that is submitted simultaneously; b. eliminating or removing requirement that does not have legal consequence;

9 9 c. combining some requirements that are substantially the same; and d. removing requirements that cause difficulties the development of the business world. CHAPTER III PURPOSE AND OBJECTIVES Article 3 The purpose of this Governor Regulation is as the guidance and as the legal basis to implement simplification of Licensing and Non-Licensing Requirements. Article 4 The objectives of this Governor Regulation are: a. to realize systematic and comprehensive Licensing and Non-Licensing Requirements; and b. to provide legal certainty for the applicants and Regional Governments concerning Licensing and Non-Licensing requirements.

10 10 CHAPTER IV SCOPE Article 5 The scopes of this Regulation of Governor are; a. to categorize Licensing and Non-Licensing requirements; and b. to categorize License and Non-License. Article 6 (1) The categorization of Licensing and Non - Licensing requirements as referred to in Article 5 point a are: a. basic requirements; b. pre-requisites; and c. specific requirements. (2) The basic requirements as referred to in paragraph (1) point a is a document that must be submitted and must be the same in each License and/or Non-License application.

11 11 (3) The prerequisite as referred to in paragraph (1) point b is License and/or Non-License that shall be possessed before the applicant files the next License and/or Non-License. (4) The specific requirements as referred to in paragraph (1) point c is the additional documents to the basic requirements that shall be attached in each License and/or Non-License application. (5) Every License and Non-License as referred to in paragraph (4) may have different specific requirements. Article 7 (1) The categorization Licensing and Non-Licensing as referred to in Article 5 point b shall consist of classification determined according to the types and requirements of License and Non-License. (2) The classification as referred to in paragraph (1) shall consist of: a. spatial layout;

12 12 b. environmental assessment; c. development; d. building feasibility; e. activity feasibility; f. business; g. business entity activity; h. individual permit activity; and i. license or individual practice. Article 8 (1) Spatial layout classification as referred to in Article 7 paragraph (2) point a is the group of Licenses and Non-License related to Regional spatial lay out. (2) Types of License and Non-License of Spatial Layout as referred to in paragraph (1) include: a. Measured Situation Map; b. Approval of Locations/Land Acquisition Principle;

13 13 c. Decision on City Plan (KRK) Consultation Regional Spatial Planning Coordinating Board (BKPRD); d. Designation of Land Use Permit; e. City Planning Act; f. Ratification of Architecture Planning Drawing; g. Principle Approval of Road Trace, Bridges, Channels or Utilities; h. Principle Approval of Pedestrian Bridge, Multipurpose Bridge, Pedestrian Tunnel; and i. Principle License of Domestic Investment. Article 9 (1) Environmental assessment classification as referred to in Article 7 paragraph (2) b is the group of Licenses and Non-License related to environmental assessment.

14 14 (2) Types of License and Non-License of environmental assessment as referred to in paragraph (1) include: a. Approval of Reference Framework for Environmental Impact Analysis; b. Environmental Analysis Impact and Decision of Environmental Feasibility; c. Environmental Management and Monitoring Efforts and Recommendation of Environmental Management Plan and Environmental Monitoring Plan; d. Statement of Environmental Management; e. Approval of Traffic Impact Analysis; f. Wastewater Treatment Plant Permit; g. Utilization of Ground Water of Artesian Well Permit; h. Building Floor Peil Permits; i. Dewatering Permit;

15 15 j. Utilization of Ground Water of Hand Pump wells permit; and k. Groundwater Drilling Permit. Article 10 (1) Development classification as referred to in Article 7 (2) point c is a group of Licenses and Non-License related to development. (2) Types of License and Non-License of development classification as referred to in paragraph (1) include: a. Groundbreaking permit; b. Loading Test Permit; c. Infrastructure Construction Permit; and d. Building Construction Permit. Article 11 (1) Building feasibility classification as referred to in Article 7 paragraph (2) d is the group of Licenses and Non-License related to building feasibility.

16 16 (2) Types of License and Non-License of buildings feasibility as referred to in paragraph (1) include: a. Tower Construction Feasibility Statement; b. Temporary Storage of Hazardous and Toxic Wastes Permit; c. Wastewater Disposal Permit (IPAL); d. Protection System Installation Permit; e. Fire Safety Recommendations; f. Ratification of Fire Protection Use; g. Ratification of Lightning Transmitting Installation Use; h. Ratification of Pressure Vessel Use; i. Ratification of Power Generator Set Use (Genset); j. Business Permit of Power Generator Set Supply for Personal Use; k. Business Permit of Power Generator Set Supply for Public;

17 17 l. Ratification of Electrical Installation Use; m. Ratification of Steam Machine Use; n. Ratification of Lifting and Transporting Machines; o. Fire Safety Certificate; p. Feasibility Certificate of Power Generation and Distribution Network (Genset) Operation; and q. Function Feasibility Certificate (SLF) of Class A, Class B, Class C and Class D. Article 12 (1) Activity feasibility classification as referred to in Article 7 paragraph (2) point e is the classification of Licenses and Non-License related to activity feasibility. (2) Types of License and Non-License activity feasibility classification as referred to in paragraph (1) include:

18 18 a. Noise Disturbance Permit in Accordance with UUG/HO of Class A, Class B, Class C and Class D; b. Certificate of Hygiene for Home Industry Food Business; c. Permit to Change Fire Hazard Potential; d. Eligibility Permit of Migrant Workers Candidate Housing; e. Health Eligibility Certificate for Hotels, Restaurant and eateries business; f. Health Eligibility Certificate for Drinking Water Depot Business; g. Health Eligibility Certificate for Food Hygiene Process for Catering Service Business; h. Ratification to Use and Treat Hazardous Chemical Substances in the Work Station; i. Small Vessel Certificate and Certificate of Excellence;

19 19 j. Recommendation for Large Ships Certificate; k. Recommendation for Eligibility Certificate of Fish Processing; and l. Industry Principle Approval for industries outside industrial area/bonded warehouse. Article 13 Business classification as referred to in Article 7 paragraph (2) point f is the group of Licenses and Non-License related to business. Article 14 Business entity activities classification as referred to in Article 7 paragraph (2) point g is the group of Licenses and Non-License related to temporary business entity activity. Article 15 (1) Individual permit activity classification as referred to in Article 7 paragraph (2) point h is the group of Licenses and Non- License related to individual activity.

20 20 (1) Types of License and Non-License of individual activity classification as referred to in paragraph (1) include: a. Home Industry business Permit; b. Permit to Transport Corpse Overseas; c. Permit to Transport Corpse to Regions outside the Special Capital City Region of Jakarta; d. Permit for Cremation Corpse or Human Remains; e. Permit to dig up and Remove corpse or human remains; f. Permit to Use Graveyard s Land; g. Permit to Use Occupied Graveyard (Makam Tumpangan); h. Burial Transit Permit; i. Permit to Cut Shade Trees; and j. Research or Study Permit.

21 21 Article 16 (1) License or individual practice classification as referred to in Article 7 paragraph (2) point i is the group of Licenses and Non- License related to license or an individual practice permit; (2) Types of License and Non-License of license or individual practice permit as referred to in paragraph (1) include: a. Practice Permit of Public Health (in Health Facility); b. Practice Permit of Laboratory Analyst; c. Permit of Midwife Practice (in Healthcare Facilities); d. Permit of Specialist Practice (in Healthcare Facilities); e. Permit of General Practitioner (in Healthcare Facilities); f. Permit of Medical Physics Practice (in Healthcare Facilities);

22 22 g. Permit of Physical Therapist Practice (in Healthcare Facilities); h. Permit of Occupational Therapy Practice (SIPOT) (in Healthcare Facilities); i. Permit of Prosthetic orthotic Practice (in Healthcare Facilities); j. Permit of Anesthesia Provision Practice (in Healthcare Facilities); k. Permit of Midwifery Practice (in Healthcare Facilities); l. Permit of Medical Record Practice (in Healthcare Facility) m. Permit of Radiography Practice (in Healthcare Facilities); n. Permit of Refractionist Optical Practice (in Healthcare Facilities); o. Permit of Sanitarian Practice (in Healthcare Facilities); p. Permit of Electromedical Technician Practice (in Healthcare Facilities);

23 23 q. Permit of Nutritionist Practice (in Healthcare Facilities); r. Permit of Speech Therapy Practice (in Healthcare Facilities); s. Permit of Veterinarian Practice (in Healthcare Facilities); t. Permit of Dentist Practice (in Healthcare Facilities); u. Permit of Dental Specialists Practice (in Healthcare Facilities); v. Permit of Dental Care Practice (in Healthcare Facilities); w. Permit of Dental Technician Practioner (in Healthcare Facilities); x. Permit of Beautician Expert; y. Permit of Traditional Health Practice (in Healthcare Facilities); z. Registration of Traditional Healer (in Healthcare Facilities);

24 24 aa. Permit of Pharmacists Practice; bb. Permit of Pharmaceutical Technical Practioner (in Healthcare Facilities); cc. Job Seeker Card (AK 1); dd. Recommendation of Permit for Foreign Workers in the Field of Social Welfare; ee. Report of Foreign Workers Existence; ff. Ratification of Renewal of Foreign Workers Recruitment Plan; gg. Renewal Permit to Employ Foreign Workers; hh. Renewal of Limited stay permit card; ii. Housing permit; jj. Permit of Construction Practitioner; kk. Drilling Expert Permit Card; ll. Permit of Fire Protection Equipment Installer; mm. Registration of Fire Safety Expertise;

25 25 nn. Meat Seller Identification Card; and oo. Certificate of Home Industry Food Production. Article 17 (1) The flow chart along with details on the Classification of Licensing and Non-Licensing as referred to in Article 7 to Article 16 is stated on the appendix of this Regulation of Governor. (2) Further provisions on the details of the type and the requirements of License and Non-License of each classification of Licensing and Non-Licensing as referred to in Article 7 to Article 16 shall stipulated by the Decision of the Head of BPTSP. (3) The decision of the Head of BPTSP as referred to in paragraph (2) contains the appendix describing the details of the types and requirements of Licenses and Non-License of each classification of Licensing and Non-Licensing.

26 26 (4) The appendix as referred to in paragraph (3) may be in the form of a catalog. CHAPTER V EVALUATION ON THE TYPE AND REQUIREMENTS OF LICENSING AND NON-LICENSING Article 18 (1) The decision of Head of BPTSP as referred to in Article 17 paragraph (2) shall be evaluated in regular basis, at least every 6 (six) months. (2) The regular evaluation as referred to in paragraph (1) shall be performed in accordance with the study of community need development. (3) The evaluation results as referred to in paragraph (1) and (2) shall be the basis for amending the decision of Head of BPTSP. (4) The decision of the Head BPTSP evaluation results referred to in paragraph (1) and (2) uploaded on the official website BPTSP.

27 27 Article 19 In the event of the new provisions of the rules and legislation thus it causes the changes of the type and/or requirements of Licenses and Non-License after the periodic evaluations as referred to in Article 18, then the Decision of the Head of BPTSP shall be amended to adjust with the rules and legislation in question. CHAPTER VI CLOSING PROVISION Article 20 This Regulation of Governor shall come into force on the date of its promulgation. For public cognizance, this Regulation of Governor shall be promulgated by placing it in the Regional Gazette of Special Capital City Region of Jakarta.

28 28 Stipulated in Jakarta on February 10, 2016 GOVERNOR OF SPECIAL CAPITAL CITY REGION OF JAKARTA, signature BASUKI T. PURNAMA Promulgated in Jakarta on February 18, 2016 PROVINCIAL SECRETARY OF SPECIAL CAPITAL CITY REGION OF JAKARTA, signature SAEFULLAH REGIONAL GAZETEE OF SPECIAL CAPITAL CITY REGION OF JAKARTA OF 2016 NUMBER Issued as a true copy HEAD OF LEGAL BUREAU OF REGIONAL SECRETARY SPECIAL CAPITAL CITY REGION OF JAKARTA, [Sealed and signed] YAYAN YUHANAH NIP

29 29 Appendix : Decision of Governor of Special Capital City Region of Jakarta Number 28 OF 2016 Dated February 10, 2016 FLOWCHART OF LICENSING AND NON-LICENSING Illegible / Tidak Terbaca GOVERNOR OF SPECIAL CAPITAL CITY REGION OF JAKARTA, signature BASUKI T. PURNAMA