LOCAL LAW OF
MENTAWAI ISLES REGENCY
NUMBER: 16
YEAR 2002.
Regarding
TOURISM
AND RETRIBUTION OF TOURISM SPOTS
With the
Blessing of God The One and Only
REGENT OF MENTAWAI ISLES
Considering :
a. That pursuant to the mandate of Law Number 22 Year 1999,
regions are given privilege to exercise the regional autonomy having emphasis
on the principles of democracy, people’s participation and paying heed to
region’s potency and variety;
b. That in implementing the regional autonomy and
anticipating the circumstance development, either at home
or overseas, regions are required to develop its entire natural resources they
possess maximally and proportionally in order to ameliorate and to improve
people’s welfare and prosperity;
c. That one of the greatest potentials Mentawai Isles
Regency have and is widely recognized either at home or overseas is its tourism
potential, either on the land or by the sea, its ecosystem potential and
cultural uniqueness;
d. That in order to maximize the management and the
development of its tourism spot, in a continual and wise manner by protecting
the local environment and culture, that it gives benefit to the region and
people and improves the basic revenue of the region, hence, it is necessarily
arranged and specified by means of Regional Law;
With
reference to :
1. Law Number 12
Year 1956 on Establishment of Autonomous Region of Regency and in the Local
Environment of West Sumatra Province;
2. Law Number 5
Year 1960 on Fundamental Laws of Agrarian Affairs Specifics;
3. Law Number 3
Year … on Territorial Water
4. Law Number 8
Year 1981 on Procedure of Criminal (Statute Book of Republic of Indonesia Year 1981 Number 76, Addendum
of Statute Book of Republic of Indonesia Number 3209);
5. Law Number 9
Year 1990 on Tourism ( Statute Book of Republic of Indonesia Year 1990 Number
78, Addendum of Statute Book Number 3427);
6. Law Number 24
Year 1992 on Space Settlement (Statute Book of Republic of Indonesia Year 1992
Number 115. Addendum of Statute Book of
Republic of Indonesia Number 3501);
7. Law Number 23
Year 1997 on Specifics of Environment Management;
8. Law Number 18
Year 1997 on Regional Tax and Retribution in connection with Law Number 34 Year
2000 on Amendment of Law Number 18 Year 1997 on Regional Tax Retribution;
9. Law Number 49
Year 1999 on Establishment of Mentawai Isles Regency (Statute Book of Republic
of Indonesia Number 17);
10. Law Number 22
Year 1999 on Local Government (Statute Book of Republic of Indonesia Year 1999
Number 60, Addendum of Statute Book of Republic of Indonesia Number 3839);
11. Law Number 25
Year 1999 on Monetary Counter Balance between Central Government and Local
Government (Statute Book of Republic of Indonesia Year 1999 Number 72, Addendum
of Statute Book of Republic of Indonesia Number 3851);
12. Government
Law Number. 5 Year 1975 on Management of Accountability and Supervision of
Local Finance (Statute Book of Republic of Indonesia Year 1975 Number 5);
13. Government
Law Number 24 Year 1979 on Delivery of Part of Governmental Affairs in Tourism
Matters to Provincial Government (Statute Book of Republic of IndonesiaYear
1979 Number 34, Addendum Statute Book of Republic of Indonesia Number 3144);
14. Government
Law Number 27 Year 1983 on Implementation of Law Number 8 Year 1981on Procedure
of Criminal (Statute Book of Republic of
Indonesia Year 1983 Number 6, Addendum of Statute Book of Republic of
Indonesia Number 3258);
15. Local Law
Number 20 Year 1990 on Water Contamination Control (Statute Book of Republic of
Indonesia Year 1990 Number 34, Addendum of Statute Book of Republic of Indonesia Number 3409);
16. Government
Law Number 51 Year 1993 on Analysis of Environmental Impact (Statute Book of
Republic of Indonesia Year 1993 Number 84, Addendum of Statute Book of Republic of Indonesia Number 3538);
17. Government
Law Number 20 Year 1997 on Local Retribution (Statute Book of Republic of
Indonesia year 1997 Number 55, Addendum of Republic of Indonesia Number 3692);
18. Government
Law Number 25 Year 2000 on Authorities of Government and Authorities of a
Province as an autonomous region (Statute Book of Republic of Indonesia Year
2000 Number 54, Addendum of Statute Book of Republic of Indonesia Number
(3952);
19. Presidential
Decree Number 44 year 1999 on Techniques of Compiling Laws and Law and forms of
Laws Draft, Draft of Government Law, Draft of Presidential Decree (Statute Book
of Republic of Indonesia Year 1999 Number 70);
In the
Affirmative of Parliament of Mentawai Isles Regency.
DECIDING
Specifying:
LOCAL LAW
OF MENTAWAI ISLES REGENCY ON TOURISM
AND RETRIBUTION OF TOURISM BUSINESS
CHAPTER I
GENERAL
PROVISION
Article 1
In this Local
Law, what referred as :
a. Regency is
the Regency of Mentawai Isles;
b. Local
Government is the Local Government of Regency of Mentawai Isles;
c. Regent is the
Regent of Regency of Mentawai Isles;
d. The Local
Parliament, hereinafter referred to as DPRD, is the Local Parliament of
Mentawai Isles Regency;
e. Tourism is
any single thing dealing with tourism, including the enterprising of tourism
objects and attractions, tourism sports and other businesses related to it;
f. Tourism
Matters are all things associated with tourism management;
g. Tourism
Business is any activity aiming to carry out tourism service or to provide the
tourism objects and attractions, businesses of tourism facilities and other
businesses related to it;
h. Tourism
Company is an enterprise covering limited liability, copartnership, and others,
State Owned Company or Local Company by any name or form and is founded to
execute activities included in tourism business field;
i. Travel bureau
is a legal entity selling services
in journey management, performing tour, and its preparation;
j. Hotel or
lodging is an accommodation utilizing a part or the entire building to provide
lodging service, meals and beverage as well as other services for public, which
is managed commercially, and fulfilling the conditions or requirements
specified
k. Resort is
certain location either on the continent or in the sea of Mentawai Regency
territory of which the management is rendered by the Regent to the Tourism
Company.
l. Domestic
tourists are Indonesian people paying a visit to Mentawai Isles for the purpose
of having vacation or picnic.
m. Foreign
tourists are the foreigners / non-Indonesian people paying a visit to Mentawai
Regency for the purpose of having vacation or picnic.
n. Buffer zone
is a district or region with a specified radius to support the resort, it
cannot be exploited by anyone and for whatever interests or whatsoever except
without the approval of the Local Government.
o. Marina is
a port developed for the dock or
anchor of sailing boat and cruiser, including for the repairing of ship.
p. Tourism
Passenger Ship is a passenger ship having Indonesian flag which have fulfilled
the provision already specified by the authorized institution.
q. Foreign
cruiser is a ship having foreign flag
operating in the territorial water of Mentawai Isles Regency which has obtained
a permit from the authorized institution.
r. Non-commercial
cruiser is a cruiser which only serves personal need of transportation and does
not provide transportation service for public passenger.
s. Cruiser ship
is a big cruiser transporting more than 100 tourists.
t. Licensing is
the entire process covering conditions and procedures of obtaining permit,
publication, revision, extension, banning and other activities related to licensing
in managing and running tourism businesses in Regency of Mentawai Isles.
u. Retribution
of tourism business is a sort of local collection as a payment for services or
certain permit granting especially provided and or provided by local government
for the personal / legal entity
interest covering limited liability, copartnership, and others, State Owned
Company or Local Company by any name or form;
v. Inspection is
a series of activities to search for, collect and manage data and or other
information in order to control, to protect and to supervise the management
of tourism businesses.
w. Retribution
Payer is a person or a legal entity, pursuant to retribution laws and laws,
obliged to pay the retribution
x. Retribution
Tariff is the Rupiah nominal value or foreign currency specified to calculate
the level of in debt retribution
y. Regional
treasure is the Government Treasure of
Mentawai Isles Regency.
CHAPTER II
FUNCTION,
OBJECTIVES AND FORMS OF TOURISM
Article 2
1) Tourism functions to develop and to explore the region’s
potentials and to accelerate the growth of regional development in order to
improve the prosperity of the people of Mentawai Isles Regency.
2) In addition to increasing the Region’s basic income,
supporting people’s economy, preserving the environment and nature, tourism is
also aimed at rendering services and constructing tourism companies / tourism
investors, at the same time, giving protection of law that the tourism potency
in Mentawai Isles Regency can be utilized at its best.
Article 3
1) Form of
tourism activity referred in this Local Law in general includes :
a. Continental tourism activity
b. Ocean and
beach tourism activities are hereinafter referred to as maritime tourism.
2) Types of
continental tourism activity as referred in sentence (1) of this article
include :
a. Cultural tour
b. Historical
tour
c. Natural tour
d. Tracking
e. Land Hang
Gliding
f. River kayak
g. Rafting
h. Other
continental tourism
3) Types of
maritime tourism activities as referred in sentence (1) of this article include
:
a. Sea park
b. Surfing
c. Diving
d. Snorkeling
e. Fishing
f. Sailing
g. Wind surfing
h. Sea hang
gliding
i. Sea kayak
j. Rowing
k. Other
maritime tourisms
CHAPTER
III
ROLES AND
RESPONSIBILITIES OF TOURISM MANAGEMENT
Article 4
1) Tourism
companies and community as the partners of Local Government have a wide
opportunity participate in the management of tourism activities in the region.
2) Roles of
Local Government in the management of tourism activities are
a.
Constructing, giving services, making coordination, supervising and
evaluating the continuity of management of tourism activities in Mentawai
Isles, either those conducted by government or by tourism companies and
community;
b. Giving
guarantee, protection and rules of law to tourism companies /investor carrying
out activities of tourism business and making investment in development of
tourism business in Mentawai Isles
3) Rules and
procedures of giving opportunity to tourism companies and community to
participate in tourism management in Mentawai Isles as arranged in this Local
Law.
Article 5
The one
responsible for tourism management in Regency of Mentawai Isles, is the Regent,
of which the management is executed by the Regional Tourism Office;
Article 6
The Regent is
the responsible person of tourism management in Mentawai Isles Regency, hence,
his responsibilities are as follows :
a. Specifying
allotment of space, zone, location
/ resort for tourism activities by having reference to General Master Plan of Mentawai Isles
Regency;
b. Assisting
tourism companies to obtain land for location/resort for tourism activities ;
c. Issuing
permits for Tourism Business;
d. Issuing resort permits and specifying the
buffer zones, specifying the number of vessels for each tourism company
operating maritime tourism business;
e. Specifying
the rate of retribution imposed to foreign tourists and the tourism companies
running tourism activities in Mentawai Isles;
f. Securing
buffer zones so as not to be utilized by people or tourism companies other than
the tourism companies already given a permit for that purpose;
g. Settling problems
arising between society and
tourism companies in running their activities;
h. Implementing
the provisions contained in this Local Law and other rules in accordance with
laws and law going into effect;
CHAPTER IV
RIGHTS TO CONDUCT
TOURISM ACTIVITIES
Article 7
1) Each tourism
company has equal opportunity to conduct or to carry out the tourism business
in Mentawai Isles, either continental tourism or maritime tourism.
2) The
opportunity to run tourism business as referred in sentence (1) particularly for the maritime tourism is
based upon the consideration and policy of Local Government regarding sea space
(including coast), zone and the available potency, as well as technical
consideration of maritime tourism.
3) For the first
time, this Local Law only
specifies 5 (five) tourism companies allowed to run maritime tourism activities
in Mentawai Isles.
4) Limitation of
the number of tourism companies allowed to run in maritime tourism is solely
based on a technical consideration of maritime tourism activities and the
existing special technical conditions of maritime tourism activities.
5) Opportunity
limitation as referred in sentence (3) and (4) of this article will be
evaluated and reviewed once in 5 (five) years by paying heed to the development
and prospect of maritime tourism business and the seriousness of tourism
company in carrying out such tourism business.
Article 8
A new tourism
company can run a tourism business in Mentawai Isles if:
a. It has
possessed a permit of tourism business from the Local Government;
b. It has
affiliate in Mentawai regency if the company is not based in Mentawai regency;
c. Specifically
for Tourism Company running maritime tourism business, it, at least, should
have 2 (two) or 6 (six) tourism passenger ships at the most, either the local
ones or the foreign ones with combined passenger capacities of 50 people;
d. Conveying the
management and development plan of the tourism company in question to the
Regent of Mentawai Isles Regency upon which consideration of tourism business
permit is given;
CHAPTER V
Licensing.
Article 9
1) Any body or
any tourism company intending to run tourism activity/business in Mentawai Isles is obliged to obtain an
approval or permit from the Local Government.
2) Everybody or
any tourism company can propose a tourism business permit in an integrated
manner either in accordance with the type of its tourism business or the forms
of the tourism business;
3) Local
Government will give the permit as referred in sentences (1) and (2) of this
article on the following provisions and rules;
a. Submitting
the proposal to the Regent by enclosing administrative requirements to be
determined furthermore by Decree of Regent;
b. In addition
to enclosing administrative requirements as referred in point (a), the tourism
company applying for the permit is obliged to have possessed the land for its
activity location or to have owned supporting land for maritime tourism
activities by showing the evidence of ownership;
c. Permit
granting for the Tourism Company running maritime tourism business is also obliged to possess at least 2 (two)
or 6 (six) tourism passenger ships at the most, either the local ones or the
foreign ones with passenger combined capacities of 50 people
4) Provision of
permit granting as referred in sentence (2) of this article, the tourism
company is obliged to enclose the documents of AMDAL, UKL/UPL (Environmental
Impact Studies) of Location/Resort as the object of tourism activities pursuant
to laws and laws going into effect;
5) For tourism
companies which, before the specification of this local law, have obtained a
permit of conducting tourism business activities in Mentawai Isles are given
grace period for 6 (six) months commencing from the going into effect of this
local law to accommodate the permit of its tourism business pursuant to the
provision of this local law;
6) The permit
issued by Local Government as referred in sentence 1 of this article shall be
in effect for the period of 15 (fifteen) years at the most and is extendable;
7) Should within
6 (six) months as referred in sentence (5) of this article, the pertinent
company make no adjustment, hence, the business permit already possessed by the
pertinent company is invalid by itself;
8) The Tourism
company already obtained tourism business permit from the Local Government, to
be able to found a building on the location/resort already specified for
it, has to obtain building
establishment permit beforehand from the Local Government pursuant to the law
going into effect;
9) Should the
data of licensing change before
the permit expires, the permit owner must immediately apply for the revision of
the permit already issued;
10) Local Government will
withdraw the tourism business of the tourism company, if in fact, the tourism
company does not operate in the sense that ;
a. It has not run tourism activities as contained
in the tourism business permit possessed by the pertinent tourism company for
12 ( twelve) months which is proved by the Minutes of Inspection from the
Tourism Office or;
b. Physical and
non-physical facilities are running out or not fulfilling the minimum needs
that it cannot operate and has ceased its activities for 12 (twelve) months
which is proved by the Minutes of Inspection (BAP) from the Tourism
Office, hence, the business permit
of the company is invalid and would be withdrawn.
11) For tourism company having integrated tourism business
in some tourism activities, that one of its tourism activities shall no longer
run for 12 (twelve) months which is
proved by Minutes of Inspection (BAP) and Tourism Office, hence, the business
permit of the pertinent company is withdrawn and replaced by a new permit for
the tourism activity which still runs.
12) The tourism company which has possessed the tourism
business permit but stops operating, in the sense that it does not run the
tourism activities for 12 (twelve) months due to difficulty in fulfilling the
need of equipment and facilities of tourism activities, raw materials to
develop physical facilities on the
location/resort, marketing, working capital, atmosphere, disasters (floods,
earthquakes, fires and others) which is proved by Minutes of Inspection (BAP)
from the Tourism Office, hence, the tourism business permit of the pertinent
tourism company still goes into effect and is obliged to submit the Report of
Information of Tourism Activities each semester.
CHAPTER VI
Resort and
Buffer Zone
Article 10
1) Resort for
tourism company is specified by Local Government with reference to General
Landuse Masterplan (RUTR) of Mentawai Isles Regency;
2) If RUTR as
referred in sentence (1) of this article is not in existence, hence, the
stipulation of resort and buffer zone is based on the decree of Regent;
3) To obtain the
permit for a resort, the tourism company should apply for it to the Regent by
enclosing;
a. Copy of
tourism business permit from the Local Government which is authenticated by the
official functionary;
b. Copy of
evidence of releasing/authorizing of land or supporting land for maritime
tourism obtained from people either by means of buying, leasing, contract or
based on a cooperation legalized by the official functionary for the resort
proposed;
c. Proposal of
management and development of the resort proposed.
4) The tourism
company can apply for the permit of resort for some resorts all at once if it
fulfills the provision of sentence
(2) points b and c of this article;
5) The tourism
company which has already obtained permits from the Local Government before
this local law came into force, and has already secured land either by means of
buying, leasing, contract or joint venture, is considered to qualify for a
permit for a resort as long as it fulfills the provision of this Local Law and
it can be given additional new resorts and buffer zones.
6) The width of
proposed resort of tourism company shall be as follows
a. Resort for 25
guests is given a buffer zone at
radius 1000 M (2)
b. Resort for less than 25 guests is a
buffer zone at radius of 750 M (2)
c. The company
providing facilities to support the resort is given a buffer zone at radius of
250 M.(2)
7) The tourism
company determines the guest capacity in its own resort and buffer zone by
itself as determined in sentence (5) of this article;
8) The resort
permit for tourism company is given for 15 (fifteen) years and it is extendable
if the management of resort by the pertinent tourism company indicates good
development and progress and to the advantage of economy of the region and its
people;
9) The resort
specified for a tourism company can be cancelled and transferred to other
tourism companies by the Local
Government when the resort is abandoned or should, in the period of 2 (two) years, the management
and development of resort done by the pertinent tourism company indicate no
significant progress;
10) The cancellation of the
resort permit specified for a tourism company does not abolish the rights of
the pertinent tourism company for the land it owns;
11) The tourism company is
obliged to guarantee the traditional rights of people living around its resort
area;
Article 11
1) The granting
of resort permit to tourism company is done along with the stipulation of buffer zone at each resort;
2) The tourism
company is obliged to guarantee the environmental safety/ preservation of its
resort area and buffer zone;
3) Anybody / any
company other than the company already given a permit by Local Government is
not allowed to develop or to
conduct activities in the buffer zone;
4) The tourism
company collaborates with Local Government and community To guarantee environmental protection and preservation in the buffer zone
5) Any person,
any tourism company and any other companies are prohibited from destroying the
protected forest area, to cut away or to destroy endangered plants and trees
protected by the law, to ruin and to cut away the mangrove forest around the
resort and the buffer zone pursuant to laws and regulations in effect;
6) Any body /
any tourism company is prohibited to utilize the materials for buildings on
its resort coming from the area as
referred in sentence (5) of this article;
7) Any body /
any tourism company is obliged to report to Local Government when there is
somebody / a tourism company violating the provision of sentence (3), sentence
(5) and sentence (6) of this Article to be sanctioned according to laws and
rules going into effect;
CHAPTER
VII
Tourists
and Lodging
Article 12.
1) The tourists
visiting Mentawai Isles are obliged to stay at the lodging or home stay
provided at the resort, or on a ship of the tourism company which has obtained
a permit from the Local Government, or at the other lodgings which have
obtained a permit from the Local Government.
2) Each tourist
visiting Mentawai Isles is prohibited to conduct any action or deed distressing
the society, propagating the teaching being in conflict with confidence and
norms existing in the society.
3) Each tourist
is obliged to keep the environmental safety and preservation and is prohibited
to conduct any activity which can damage or contaminate the environment in
accordance with laws and rules going into effect.
4) Each tourist
is obliged to respect the culture and value order existing and developing among
the people of Mentawai Isles.
5) Each tourist
visiting the Mentawai Isles is prohibited to conduct any activity other than
tourism activities.
CHAPTER
VII
Travel
Bureau
Article 13
1) The travel
bureau company can only operate in the Mentawai Isles having obtained
permission from the Regent.
2) The travel
bureau company operating in the Mentawai Isles which is based in the Mentawai
Isles is obliged to have its affiliate in the Mentawai Isles.
3) The travel
bureau company which has not obtained a permit from Local Government can carry
out its guests transportation by cooperating with tourism company or the travel
bureau which has obtained a permit
from Local Government.
4) Local
government will give an operational permit to the travel bureau as referred in
sentence (1) of this article if it fulfills the following requirements :
a. Having a
legal entity;
b. Being
registered in the Tourism Office, and the organizations of tourism travel
bureau;
c. Applying
proposal to the Regent by enclosing the copy of legal entity deed, letter of
business permit or other letters
related to travel bureau business;
d. Having
sufficient transportation facility in accordance with the needs of tour trip
and or being able to use the transportation facility of the tourism company contained in a cooperation
agreement;
e. Having some
tour guides who have special permit and certificate from the Government as a
guide;
f. The senior
tour leader or tour guide is obliged to work along with the local junior guide;
5) the tour
guide as referred in sentence (4) point e of this article is obliged to use the
identity of tour guide from the pertinent travel bureau in his/her work.
6) The travel
bureau company is responsible for the safety and the action, which is prohibited in this local law of the
tourists it guides.
7) The travel
bureau company is obliged to submit periodical information regarding the
amount, identity, and activity of tours of the tourists it manages and is
submitted to the Tourism Office.
CHAPTER IX.
Marina of
Tourism Activities
Article 14
1) Local
Government will grant the permit of location / plave of marina development to
the tourism company on the
location of resort already specified for the pertinent company along
with the granting of its tourism business permit.
2) The granting
of marina permit as referred in
sentence (1) of this article is conducted if the tourism company encloses the
technical recommendation from the authorized institution or fulfills the laws
going into effect.
3) Anybody or
any tourism company is forbidden to build marina before obtaining the permit
from the local government.
4) The tourism
company arranges and provides the ship services by itself ion the marina it
builds, at least fulfilling the minimum requirements of the authorized
institution pursuant to the laws going into effect.
CHAPTER X
Tour Ship
and Big Cruiser
Article 15
1) Each local
tour ship operating or entering the territorial water of Mentawai Isles Regency
should fulfill the technical and administrative requirements in accordance with
the laws going into effect;
2) Each local
tour ship operating or entering the territorial water of Mentawai Regency, in
terms of maritime tour activity must be under the flag or wings of the tourism
company which have already obtained the permit resort from Local Government;
3) Local tourism
ship can only operate in the purposes of maritime tourism activities in the
resort and buffer zone of the tourism company under which it operates;
Article 16
1) Each foreign
tour ship operating or entering the territorial water of Mentawai Isles must
fulfill the technical and administrative conditions for the foreign ship
according to the laws going into effect;
2) Each foreign
tour ship operating or entering the territorial water of Mentawai Isles must be
under the flag and wings of the tourism company which has obtained a permit
resort from Local Government;
3) The foreign
tour ship can only operate in the purposes of maritime tour activities in the
resort and buffer zone of the tourism company under which it operates;
Article 17
The local
tour ship and foreign tour ship can operate in the resort and buffer zone which
are not the resort and buffer zone of the tourism company under which they
operate, if there are mutual profitable agreement and cooperation among the
tourism companies under which the pertinent tour ship operate.
Article 18
1) Each cruiser
stopping by the Mentawai Isles is obliged to meet all provisions contained in
this Local Law and the laws going into effect.
2) Each cruiser
doing maritime tour activities in the resort and buffer zone of a tourism
company, should have a permit from the pertinent tour company beforehand.
3) Each personal
non-commercial cruiser which will conduct maritime tour activity in the resort
and buffer zone of a tourism company, should obtain a permit from the pertinent
tour company beforehand.
CHAPTER XI
Supervision
on the Management of Tourism Activity/Business
Article 19
1) Local
Government supervises the tourism management at all of types and forms of
tourism business either on the land or by the sea;
2) The Regent
is authorized to take administrative action on the management of usaha tourism
business/activity violating this Local Law.
3) To
supervise the tourism activity/business, hence, the tourism companies which
have obtained the tourism business permit from the Local Government make and
sign a written agreement comprising the followings :
a. Name and
domiciles of the parties.
b. The location
of resort and buffer zone of the pertinent tourism company granted a permit by
Local Government.
c. The assurance
of tourism company to run its tourism business in accordance with the business permit granted by Local
Government and the statement to obey all rules specified in this Local Law.
d. Readiness of
the private enterprise to submit report of information on tourism activities
made every semester and sent to the Regent.
e. The assurance
of Local Government for the continuity of the pertinent tourism business in
running its tourism business as long as it does not violate this Local Law.
f. The assurance
and legal certainty from the local government for the continuity of tourism
business and the permits already granted to the pertinent tourism company and
its investors in running the tourism business in the Mentawai Isles;
g. The agreement
of the pertinent tourism company and the local government to meet their rights and
obligation in accordance with laws going into effect;
h. The assurance
of local government to support the pertinent tourism company in developing its
business in accordance with the roles, duties, and authorities of the local
government and to help settling down problems arising between the pertinent
tourism company and the people and or among the tourism companies running the
tourism activities in the Mentawai Isles regency;
4) The mutual
agreement as referred in sentence (3) of this article, the party of tourism
company is deputized by Board of directors and Local Government is deputized by
the Regent;
5) The agreement
copy as referred in sentence (3) of this article is drawn up by the Tourism
Office and is raised to the Regent.
CHAPTER
XII
Name and
Retribution Object
Article 21
By the name
of tourism business as the payment for services or the service of tourism
business permit granting in the Mentawai Isles to the person or the entity
intended for the construction, operation and supervision on the use of cultural
and natural resources potency, protecting the public interest and preserving
the environment.
Article 22
1. Retribution
object covers each;every exploiting and management of tourism activity as
referred to in Article 3 this By Law.
2. For the
control, construction and protection purposes of the use of tourism potentials,
the tourism business carried out in Mentawai regency is obliged to be carried
out at the permitted place;
3. Each tourism
business activity carried out at the place allowed by the functionary assigned
for that purpose or through other procedures specified by the Regent is imposed
a retribution;
4. Those
excluded in the tour retribution object are as follows :
a. Research
activity in the tour area;
b. Social and
charity activities in the tour area;
c. The
environment preservation activity in the tour area;
Article 23
Retribution
subject is the person or the entity that has used services and the service of
tourism business provision having obtained tourism business management permit.
CHAPTER
XIII
Retribution
Category
Article 24
Retribution
of tourism object is classified as
retribution of business service.
Article 25
Retribution
of tourism object is measured based on the potency and the form/type of tourism
business, and the exploiting of tourism business;
CHAPTER
XIV
Principles
and Objectives in the placement of structure and the
rate of tariff.
Article 26
Principles
and objectives in the placement of structure and the rate of retribution tariff
are based on the purposes to cover the expenses of construction, management,
operation and supervision by considering the ability of people or consumers of
the benefit of tourism and justice aspects;
CHAPTER XV
Structure
and Rate of Tariff and Collection Area
Article 27
1. The
stipulation structure and the rate of tariff are based on the potency and
benefit of the tourism business.
2. The rate
of basic retribution tariff as
specified in sentence (1) of this article, is also based on the following
components :
a. Expense of
facilities and infrastructure procurement of checkpoint.
b. Operating and
inspection expense.
c. Expense of
general administration and other expenses supporting the service providing.
Article 28
The rate of
tariff will be determined furthermore in the decree of Regent and submitted to DPRD
(Local Parliament).
1) The
retribution is collected at the region on which the
tourism activity is run and or at other certain places arranged by the decision
of the Head of Tourism Office.
2) Retribution
collection is executed by the Regent which is conducted operationally by the Regents Office;
3) The
retribution collected by SKRD ( decree of District Retribution) or the likened
documents;
4) The
retribution collection cannot be contracted, but the Local Government can
cooperate with certain institutions that due to their professionalism are
reliable to participate in executing part of the tasks more efficiently.
5) The imposing
of retribution is the responsibility of private enterprise / travel bureau, if
the tourists in question are the guests of the tourism company/the pertinent
travel bureau.
6) For the
retribution imposition as referred in sentence (5) of this article, Local
Government will charge it to the pertinent tourism company /travel bureau.
7) Related to
provision of sentences (5) and (6) of this article, hence, each tourism company
or travel bureau is obliged to report the number tourists, the visit duration
of the tourists becoming its guests to Local Government periodically each
month.
8) Procedures
and reporting format of the number of tourist as referred in sentence (7) of
this article is arranged furthermore by the decree of Regent;
9) The
retribution payment contained must be paid all at once.
10) Payment procedures,
endorsement and paybox of retribution are specified by the decree of Regent and
submitted to DPRD.
CHAPTER
XVI.
Reduction,
Priority and Retribution Liberation.
Article 29
1) The regent
can give reduction, priority and retribution liberation as referred in Article
28 .
2) The giving of
reduction, priority and liberation as referred in sentence (1) of this article
is given by paying heed to the ability of retribution payer;
3) Procedures of
reduction, priority and retribution liberation are specified by decree of Regent
and submitted to DPRD.
CHAPTER
XVII
Administrative
Sanction.
Article 30
1) Local
Government gives written admonition to a person or the tourism company and
travel bureau which fail to meet the provisions of running the tourism
activities as specified in this
Local Law.
2) The duration
of written admonition as referred in sentence (1) of this article is 1 (one)
month since the issuance of the admonition, and is extendable for 2 (two) times
when assumed necessary.
3) Should the
written admonition as referred in sentence (2) of this article remain not
bothered, Local Government can annul the permit for 30 (thirty) days since the
order of anulling is released.
4) Should the
permit holder still ignore the admonition of permit anulling for 30 (thirty)
days as referred in sentence (3) of this article, the permit can be withdrawn
by Local Government.
CHAPTER
XVIII
Criminal
Provision
Article 31
1) The violation
of provisions in this Local Law related to environment is impended with crime
penalization as arranged in Law on Environmental Management.
2) The
retribution payers which fail to execute their obligation to pay the
retribution specified in this Local Law that harms the local finance is
impended by imprisonment for 6 (six) months maximally or fine as much as 4
(four) times of the retribution in debt.
3) Such crime
conduct as referred in sentence (2) of this article is a violation.
Article 32
Certain
Public Servant Functionary in the milieu of Local Government is given special
authority as an investigator to investigate the crime conduct in the area of
local retribution.
Article 33
1) The
investigation of crime conduct as referred in Article 31 sentence (2) of this
local law is based on the laws going into effect.
2) Referring to
the provision of Article 28 sentence (5) of this Local Law, the investigation
of crime conduct as referred in Article 31 sentence (2) is only addressed to
the pertinent tourism company and not
to the guests of the pertinent tourism company.
CHAPTER
XIX
CONCLUSION
Article 34
1) When this
Local Law goes into effect, all laws conflicting with this law is no longer
duly valid.
2) Things which
are not yet arranged in this Local Law, in so far as their implementation is
concerned, are specified by the decree of Regent and is submitted to DPRD.
Article 35
This local
law starts going into effect on the date on which it is legislated. To
introduce it publicly, this local law must be legislated by placing this law in
the district statute book of Mentawai Isles Regency.
Stipulated in : Tua Pejat
Dated : 25th November 2002
Regent of
Mentawai Isles Regency.
Signed:
EDISON
SELEUBAJA
Approved by
DPRD of Mentawai Regency in DPRD decree of Mentawai Regency Number: 16 dated
25 November 2002.
Legislated in Tua Pejat
On November
29th. 2002
Regional
Secretary of Mentawai Isles Regency.
Signed:
Drs Ridwan
REG.
010157936