Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

How to Obtain building construction permit Factory in Indonesia

03:44 Add Comment
How to Obtain building construction permit Factory? Basically each building including plant must meet the requirements of the administrative and technical requirements in accordance with the function of the building.

Requirements :
  1. Administrative requirements include:
    1. Status of land and / or permit the use of holders of rights to land (in the form of a written agreement);
    2. Surat bukti kepemilikan gedung yang dikeluarkan oleh pemerintah daerah;
    3.  Building permit;
      Each person applying for a building permit are required to complete the building:
      1. proof of land ownership status or proof of land use agreement (if the land does not belong to the owner of the building);
      2. Data owners of buildings;
      3. Technical plan of the building;
        Technical plan of the building was made by letter plan district / city for the location of the building to be built given by the Regional Government ( "the Certificate Plan District / City"). Certificate of District Plans / City contains:
        1. The function of buildings that can be built on the location in question;
        2. The maximum height of buildings permitted;
        3. Number of floors / layers of buildings below ground level and basement Tread Coefficient ( "KTB") are permitted;
        4. The demarcation line and minimum clearances permitted building;
        5. Basic Building Coefficient ( "KDB") the maximum allowed;
        6. Building Floor coefficient ( "outbreak") the maximum allowed;
        7. Green Elementary coefficient ( "KDH") the maximum allowed;
        8. KTB maximum allowed; and
        9. Municipal utility network.
  2.  Technical requirements include:
    1. Building code requirements that include:
      1. Terms designation of the building in accordance with the Spatial Plan of the district / city ( "RTRW") Detail Spatial Plan of Urban ( "RDTRKP"), and / or the Building Management Plan and Environmental ( "RTBL");
      2. Terms intensity of buildings that covers the requirements of density, altitude, and clearances are buildings that are set to the location in question;
      3.  Reliability requirements of buildings that includes:
        1. Appearance requirements of the building, designed with the principles of aesthetic forms, architectural characteristics, and in the surrounding environment.
        2. Spatial-in must consider function space, the architecture of the building, and the reliability of the buildings;
        3. Balance, harmony, and harmony of the building in its environment, as well as consideration of the balance between social values ​​and culture of the various developments of architecture and engineering; and
        4. The results of the environmental impact assessment for buildings that have a significant impact on the environment.
          This requirement only applies to buildings that could have an important impact on the environment

Legal basis
  1. Undang-Undang Nomor 28 Tahun 2002 tentang Bangunan Gedung (“UU No 28 Tahun 2002”);
  2. Peraturan Pemerintah Nomor 36 Tahun 2005 tentang Peraturan Pelaksanaan Undang-Undang Nomor 28 Tahun 2002 Tentang Bangunan Gedung (“PP No 35 Tahun 2005”);
  3. Peraturan Kepala BKPM Nomor 5 Tahun 2013 tentang Pedoman Dan Tata Cara Perizinan Dan Nonperizinan Penanaman Modal (“Perka BKPM No 5 Tahun 2013”);

Requirements established Limited Liability Companies PT

03:42 Add Comment
Requirements established Limited Liability Companies PT
    1. Copy of ID card of the shareholders and management, at least 2 people
    2. Copy KK responsible / Director
    3. Responsible tax number
    4. Photograph of the person in charge of size 3x4 = 2 lbr colored
    5. Copy the United Nations last year for which the domicile of the company
    6. Copy of Contract / Rental Office or proof of ownership of business premises
    7. Domicile Certificate from the Building manager if domiciled in the Office Building
    8. Certificate of RT / RW (if needed, for a company operating in a residential neighborhood) Specialty outside Jakarta
    9. Offices in the Region Office / Plaza, or commercial, or not in residential areas.
    10. Ready in survey

    Terms establishment of Limited Liability Companies PT formally under Law No. 40/2007 are as follows:

    1. Founder of at least 2 or more (Art. 7 (1))
    2. Notary Deed speaking Indonesian
    3. Each founder must take part on shares, except in the context of smelting (ch. 7, paragraph 2 and paragraph 3)
    4. The deed of establishment must be approved by the Minister for Justice and published in BNRI (ch. 7 paragraph 4)
    5. The authorized capital of at least Rp. 50m and paid-up capital of at least 25% of the authorized capital (Art. 32, PS 33)
    6. Of at least one director and one commissioner (Art. 92 paragraph 3 and Art. 108, paragraph 3)
    7. Shareholders must be citizen or legal entity incorporated under the laws of Indonesia, except PT. PMA

    Forms of Business Entities In Indonesia

    09:57 Add Comment
    Forms of Business Entities In Indonesia
    1. Sole Proprietorships, Company owned by one person only, the owner solely responsible for the profit and loss risk
    2. Firma (fa), Company owned by two person or more, eachs owner solely responsible for the profit and loss risk together,but they cannot take money back easily from Firma.
    3. CV, Cooperation between a group of people who run a business with capital owners
    4. Limited Liability Companies (PT), company consisting of shareholders, the shareholders are only responsible for the amount of capital which he deposited, responsibility for all the company's activities is borne by the professionals who are responsible to shareholders.
    5. State Limited Liability Companies (Perseroan Terbatas),  State company obtained additional capital by selling shares to other government institutions or to private companies.
    6. Regional Company (Perusahaan Daerah), Local goverment company obtained additional capital by selling shares to other government institutions or to private companies
    7. General State Company (Perum), Profit  oriented state company and public service concern
    8.  State Enterprice Bureau, Non profit state company that only oriented to public service
    9. Cooperatif(Koperasi), A group of people that have the same goals and establish cooperation
    10. Foundation(Yayasan), The foundation is a legal entity that has the sole purpose of social nature, religion and humanity, which has no members and is established by taking into account the formal requirements specified in the legislation
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