Regulation of the Governor of the Province of Jakarta Capital Special Region No. 35/2005 on the use of preserved timber for building components and timber preservation businesses

12A THE USE Of PRESERVED TIMBER FOR BUILDING COMPONENT AND TIMBER PRESERVATION BUSINESS (Regulation of the Governor of the Province of Jakarta Capital Special Region No. 35/2005 dated April 5, 2006) THEGOVERNOROFTHEPRO~NCEOF JAKARTA CAPITAL SPEQAl REGION, Considering: a. that in the framework of extending or supplementing the utilization age of timber as well as in order to utilize forest resources optimally and in a sustainable manner, it is necessary to use preserved timber in buildingcomponent,especiallyfor buildings belong ing to the Jakarta Provincial Government; b. that regulation of the useof preserved timber for build ingsin JakartaCapital SpecialRegion as stipulated in Decision of the Governorof tha Provin('~ of Jakarta Capital Special Region No. 1243/1996 is deemed no longersuitable to the presentdeVelopments andneed; c. that based on thJ=! considerations asmeant in lettersa andb aswellasin viewof thegrowth of timberpreser vation business, it isnecessary to stipulate a regulation of the Governor on the Use of Preserved Timber for Building Component andlimber Preservation Business; In view of: 1. Law No. 18/1999 on Construction service; 2. LawNo. 34/1999 on the Provincial Administrationof Jakarta Capital Special Region; 3. LawNo.41/1999on Forestryas alreadyamendedby LawNo. 19/2004; 4. LawNo.28/2002on BuildingStructure; 5, LawNo.32/4004 on Regional Administration; 6. Government Regulation No.25/2000 on the Authority of the Government and the Authority of Provinces as autonomous regions; 7. Government Regulation No. 29/2000 on Provision of Construction Services; susmess News1433-7434/8-11-Z006 8. Government Regulation No. 30/2000 on Fostering of Construction Services; 9. Government Regulation No. 34/2002 on Forestand Formulation of Planfor Managing, Exploiting and Us ing Forest Area; lO.Presidential Decree No.80/2003 on Technical Guide lineson Procurement of Government Goods/Services as already amended several times and the latest by Presidential Regulation No.10/2005; l1.RegionaJ Regulation of the Province of Jakarta capital Special Region No. 1/1991 on Flat in Jakarta Capital Special Region; 12.Regional Regulation of the Province of Jakarta capital Special Region No.7/1991 on Buildings inJakarta Capi tal Special R~gion; 13.Regional Regulation of the Province of Jakarta Capital Special Region No. 3/2001 on Organizational Struc tures andWorkingArrangements of Regional Appara tuses andtheSecretariatof the Jakarta Provincial Leg islativeCouncil; 14.Regional Regulation of the Province of Jakarta Capital Special Region No. 11/1004 on Distributionof Forest Products and Primary Industrial Business of Timber ForestProducts; 1S.Decislon of.the Governor of the Province of Jakarta capital Special Region No. 19/2002 on the Organiza tion and Working Arrangement of Jakarta Provincial Agricultureand ForestryService; l6.Decision of the Governorof the Province of Jakarta caprtal special RegiOn No.113/2002on the Establish ment of Organization and Working Arrangement of Technical Executive Units within Jakarta Provincial AgricUlture and Forestryservice; DEQDES ..... DECIDES: 13A responsible for the development or rehabilitation of buildings. To stipulate : THEREGULATION OFTHEGOVERNOR ONTHE USE OF PRESERVED TIMBER FOR BUILDING COMPONENT AND TIMBER PRESERVATION BUSINESS CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Regioanl Governmentshall be the Governorand re gionalapparatuses as organsof regionaladministra tor. 2. Governor shall be the Governor of the Province of Jakartacapital Special Region. 3. AgriCUlture and FOrestry service shall be Jakarta Pro vincialAgriculture and ForestryService. 4. Regional-Government Building andStructureArrange mentOffice, hereinafter called KTBG shallbe the Build ing and Structure Arrangement Office of the Jakarta Provincial Government. 5. BuildIng and StructureArrangement Offices of Munici palGovernments/Administrative Regency, hereinafter called KTBG of City/Regency shall be Building and StructureArrangementOffices of Munidpal/Admlnis trative Regental Governments of the Provirt<E of Jakarta Capital Special Region. 6. Regional Treasury and cash Office, hereJafter called KPKD shall be .Jakarta Provincial Treasury and cash Office. 7. Timber Center shall be TechnlcaJ Executive Unit of Jakarta Provincial Agriculture and Forestryservice. 8. Contractors/Service Users shall be companies In the form of statutory body,which undertakebusiness ac tivity to build or renovate buildings. 9. Budget Usershall be an official appointed by the Go vernoror Heads of Units/Working Unitsauthorized and Business Ne~s 7433-7434/8-11-2006 10.Goods/service Procurement Committee shall be a team appointed by usersof goods/service for select ing contractors as suppliers of goods/providers of ser vice. 11.Timber Inspector shall be officer of Agriculture and ForestryService authorized to test and measure tim ber forest products. 12.Preserved Timber shall be dried-timber having low water content and/or preserved before use for ex tending the utHization age of timber. 13.Building shallbe a physical form of resultof construc tion work integrated with positional place partly or whOfly located eoove and/or In land and/or In water, whichfunctions as a place of human to undertake their activities, be it inhabitanceor residence, religious ac tivity, business activity,.social activity,cultureandspe cial activity. 14.Examination shall be an activity to examine partly or wholly timber used as bUilding component to ascer tain kind, size,volume of timber which is used. lS.Contract shall be a commitment betwee users of goods/services and suppliersof goods/services in re alizing the procurementof goods/services. 16.APBN shaH bethe State Budget of Revenue and Ex penditure. 17. APBD shall be the Jakarta Provincial Budgetof Rev enue and Expenditure. CHAPTER II THEUSE OFPRESERVED TIMBER Article 2 Every building whose components partly or wholly use timber and finanCing is borne by APBN andl or APBD and/or SUMO and/or whosestructure is built by 'developers, which will be given up to the Regionell Gov ernment shall usetimber already preserved. Article ..... Article 3 (1) Thetimber preservation asmeant in Artide 2 shall be done by Timber Center. (2) In the case of the TImber center as meant in para graph (1) being unable to undertake preservation, the timber can be preserved by timber preservation com panies. (3) Timber preservation by the timber preservation com panies as meant in paragraph (1) shall secure prior written-approval fromthe Head of AgriOJlture andfor estry Service. Artide4 Heads of KTBGand Heads of KTBGof atieS/Re gencyshallprovidedata about the useof timber for the development plan of buildingsas meant in Article 2 for the Head of Agricultureand ForestryService in this case the Head of TimberCenter. Artide 5 In the case of the useof timber ascomponentof construction materials being contained in the procure ment of goods/services, the Goods/Service Procurement Committee shall stipulate requirements for the use of pre served timber mentioned in contract of procurementof goods/services. Article 6 Contractors/users of service other than those as meant in Article 2 can usetimber preservationservices provided by the TImberCenter. OiAPTERm PRESERVATION PROCEDURES AND COST Artide 7 Contractors/users of services shallsubmit appli cation for preservation of timber to the Head of TImber Center by conveying kind, size andvolumeof timberwhich will be used. Article8 In the case of the applicationasmeant in Article Business Nevts 7433-7434/6-11-2006 14A 7 being approved, contractors/users of service shall carry timber to be preserved to timber collectiOn placeor tim ber preservation place already stipulated by the Head of Timbercenter. Article 9 Before preserving, the Head of Timber Center shall examine the conformance of kind, size and volume of timber to be preserved with the result mentioned in Account of Inspectionof Preserved Timberascontained in Attachment I to this regulation. Article 10 Procedures for preserving timber by timber pres ervationcompanies shallbe done in accordance with the procedures already stipulatedby the timber preservation companies. Article 11 (1)TImber already preserved by the Timber Center or timber preservation companies shall be examined and verified first by officer appointed by the Head of Agri culture and ForestryService. (2) In order to obtain the examination andverification as meant in paragraph (1), the Head of Timber Service or timber preservation companies shallsubmitappli cation to the Head of Agriculture and Forestry ser Vice. (3) Result of the examination and preservation of timber already preserved asmeant in paragraph (1) shall be mentioned inAccount of Preservation and Drying. (4) The accountasmeant in paragraph (3) shall be made In siX copies, signed by the Head of Agricuture and Forestry Service, Head of Timber Center for timber preserved by theTimber Centeror executives of tim ber preservation companies for timber preserved by timberpreservation companies aswellascontractors/ users of service. (5)Specimen of Accountof Preservation and Drying as well aschartof procedures for preserving timbershall be ..... 15A beascontained in Attachments II and III to this regu lation. d. Copy of Disturbance Law permit/Business Place LI cense. Article 12 Everytimber already preserved and examined as well as verlned as meant in Article 11 shall be given label/mark by the Head of Timber center or executives of timber preservation companies. Article 13 (1)Contractors/users of service ~n cerry timber already registered in the accountas meant in Article 11 and labeled/marked as meant in Article 12 to lOcation of project activity. (2)The cost of transport of timber to and from the Tim ber Center shall be borne fully by contractors/users of service. Article 14 PreselVatlon of timber by the Tmber center and verifICation by Agricultureand ForestJy ServICe shallbe subjected to levy in accordance with legislationin force. CHAPTER IV TIMBER PRESERVATION BUSINESS Article 15 (l)Every timber preservation business shall secure (j~ cense from the Head of Industrial and Trading Ser vice. (2)ln order to obtain the license as meant in paragraph (1), recommendation shall beobtainedfirstfrom the Head of Agriculture and Forestry Service. (3}In order to obtain the recommendation as meant in paragraph (2), applicants shall submit applicationin writing to the Head of Agriculture and ForestrySer vice by enclosing: a. copyof Citizenship Identity card of applicant; b. copy of License to Erect Building (1MB) and li cense to Use Building (IPB)/Feaslbility to Use Building; c. Certificate of the Use of Place for location of pre servation industry from headof localsulHtsltrict; Business Nevrs 7433-7434/8-11~2006 Article16 Timberpreservation companies shall convey pe ,riodical report on their activitiesaswell as kind andvol umeof the preserved timber to the Head of Agriculture andForestry service. CHAPTER V FOSTERING, SUPERVISION AND CONTROL Article 17 (l)The Head of Agriculture and Forestry Service shall foster the useof preserved timber as component of building. (2) Thefostering asmeant in paragraph (1) shall cover: a. provision of preservation facilities and/or consld erationin the realization of the useof preserved timber ascomponent of building; b. provision of counseling and directives inthe frame workof the useof preserved timberascomponent of building; c. socialization through mass media, leaflet and di rectexplanation (face to face) for communities. Article is The Head of KTBG and Heads of KTBG of Cities/ Regency shallsupervise the use of preserved timber for the buildings asmeant in Article 2. Article 19 (l}Applications for payment of work submitted by con tractors/users of service to KPKD shall enclose the Ac countof Preservation and Dryingof Timberasmeant in Article 11. (2) In the case of contractors/users of services not en closing the accountof preservation anddrying of tim ber as meant in Article 11, KPKD shall deny the pay ment of work. CHAPTER VI REPOR11NG Article, , , .. Article 20 The Head of Timber Center shall convey report on timber preservation activity to the Head of Agriculture and Forestry Service with a copymadeavailable to Heads of the Jakarta Provincial SupervisoryBoard and Jakarta provinCial Revenue Service. Article 21 TheHead of Agriculture and Forestry Service shall convey report on the useof preserved timber and reca pitulation of report of the Head of Timber Center to the Governorwith a copy made available to the Headof the Jakarta Provincial SupervisoryBoardat the end of every year. Article 22 The Headof KTBG and Headsof Cities/Regency shall convey report on supervision over the use of pre served timber in the buildings as meant in Artic:I@ 2 to the Governorat the end of every year. CHAPTER VII CONCl.USION Articte 23 With the enforcementofthis regulation,Decision of the Governor/Headof Jakarta capital SpecialRegion No- 1243/1996 on the Use of Preserved Timber for Build ings in Jakarta Capital Special Region shall be declared null and void. 16A THE REGIONAL SECRETARY OF THE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION Sgd RITOLA TASMAYA JAKARTA PROVINCIALBOOK OF 2006 NO. 37 ATTACHMENT I : REGULATION OFTHE GOVERNOR OFTHE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION NO. 35/2006 DATE : APRIL 5,2006 Account of Inspection of Preserved Timber Today, ...............• Month date . year , preserved timber has beenexaminedwith the detail asfollows: No. Kind of Quantity Size Volume Remarks TImber (pieces/bundle (m3) Total Article 24 The regulationshall come into force as from the date of promulgation. Forpublic cognizance, the regulation shall be pr0 mulgated by placingit in Jakarta Provincial Book. sectionlApplicant ( ) Civil Servant Reg. Number Jakarta, Timber Inspector ( ) avil Servant Reg. Number Stipulated In Jakarta On Apri15,2006 THE GOVERNOR OFTHEPROVINCE OF JAKARTA CAPITAL SPEaALREGION Sgd sunvoso Promulgated inJakarta OnApril 19,2006 Business Ne..ts 7433~7434/8-11-2006 Acknowledging Personnel in chargeof TPK/Preservation Company ( ) THE GOVERNOR OFTHE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION Sgd SUTIYOSO AITACHMENT ••••. 17A ATTACHMENT II: REGULAtION OFntE GOVERNOR OFTHEPROVINCE OFJAKARTA CAPITAL SPEOAL REGION NO. 35/2006 DAlE APRIL 5,2006 CAART OFPROCEDURES FOR USING PRESERVED TIMBER Timber Center/ No. Activities Settlement Contractors/ limber PreselVatior Agriculture and Period Users of service Companies Forestry service 1- Submitting application to Timber center or I I TimberPreselVatl.on COmpany 2. * carrying timber to bepreserved to collection or preservation place I I . ~ I * Examining kind, size oftlmber I3. Preserving 2 days r 4. * Submitting application for examination and 2 days verification of timber to be preserved I I * examining andmakingaccountof preservation 5. Making introductory letter of timber intake to 1day I Jcontractors/users of services 6. Contractors/users of servicecarry timber already preserved to project location THE GOVERNOR OFn-tE PROVINCE OFJAKARTA CAPITALSPEOAl REGION Sgd SUTlYO~ Business Ne'I(s 7433-7434/8-11-2006 ATTACHMENT ••.•• l8A ATTACHMENTm No. Jakarta Attachment Subject Nameof Project To No.of Project TPKmmber Preservation Company Fiscal Year PT/CJ....................... Location of Project in Kind/Volume . ......... ........... = m3 Jakarta ..................... 110. = m3 ......... ,......"., = m3 . Total = m3 Shouldbe preserved/provided with preservedtimber in accordance with letter of FYT/OI ................................. No.............. date ...................... Timber sent by contractors/users of servicesor provided THE HEAD OFUPT OF TIMBER CEN1"£R JAKARTA by timber preservation companyjust canbepreserved PROVINCIAL AGRICULTURE AND FORESTRY SERVICE after the kind llf timber is stipulated by Officer of Agriculture and Forestry5ervice. (.......................................) CivilServantReg. Number ACCOUNTOF PRESERVATION AND DRYING OFTIMBER NO ........... Preservation of timber/vacuum pressureof timber for building hasbeen executed as listed below: ,; No. Kinds of timber Quantity (piece/bundle) Component Volume Remarks Total Jakarta TPK/Preservation Company C...... c.cc ..... 'ccc c ...... c ccc"'c cccccc ... c .cc.) ( •• ccc ......................... c ••••••..•••••..•• ) Receiving Jakarta THE HEAD OFUPT OF TIMBER CENTER JAKARTA PROVINCIAL AGRlCULlURE AND FORESTRY SERVICE (.............................................) CivilServantReg. Number THE GOVERNOR OFTHE PROVINCE OFJAKAR1A CAPITAL SPECIAL REGION Sgd SUTIYOSO ===(R)=== Business Nevits 7433-7434/8-11-2006