a. that stipulation of classification of Trading License (SIUP) based on capital investment need to change with criteria of net assets as stipulated in Law No. 20/2008 concerning Micro, Small and Medium Business;
b. that based on consideration as intended in paragraphs a, it is necessary to stipulate Regulation of The Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Emergency Law No. 7/1955 concerning Investigation, Indictment and Trial of Economic Crime (Statute Book No. 27/1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in lieu of Law No. 1/1971 (Statute Book No. 55/1971, Supplement to Statute Book No. 2966);
3. Law No. 3/1982 concerning Obligation of Company Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
4. Law No. 25/1992 concerning Cooperation (Statute Book No. 116/1992, Supplement to Statute Book No. 3502);
5. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
6. Law No. 18/1997 concerning Regional Tax and Regional Retribution (Statute Book No. 41/1997, Supplement to Statute Book No. 2685), as amended by Law No. 34/2000 (Statute Book No. 246/2000, Supplement to Statute Book No. 4048);
7. Law No. 37/2000 concerning Stipulation of Government Regulation In Lieu of Law No. 2/2000 concerning Free Trade Zone and Sabang Free Port into Law (Statute Book No. 252/2000, Supplement to Statute Book No. 4054);
8. Law No. 32/2004 concerning Regional Administration (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);
9. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
10. Law No. 26/2007 concerning Spatial Arrangement (Statute Book No. 68/2007, Supplement to Statute Book No. 4725);
11. Law No. 29/2007 concerning Jakarta Administration as the Capital of the Republic of Indonesia (Statute Book No. 93/2007, Supplement to Statute Book No. 4744);
12. Law No. 40/2007 concerning Limited Company (Statute Book No. 106/2007, Supplement to Statute Book No. 4756);
13. Law No. 44/2007 concerning Stipulation of Government Regulation In Lieu of Law No. 1/2007 concerning Amendment to the Law No. 36/2000 concerning Stipulation of Government Regulation In Lieu of Law No. 1/2000 concerning Free Trade and Free Port Area into Law (Statute Book No. 130/2007, Supplement to Statute Book No. 4775);
14. Law No. 20/2008 concerning Micro, Small, and Medium Business (Statute Book No. 93/2008, Supplement to Statute Book No. 4866);
15.Government Regulation No. 1/1957 concerning Company Distribution (Statute Book No. 7/1957, Supplement to Statute Book No. 1144) as amended several times, the latest by Government Regulation No. 53/1957 (Statute Book No. 150/1957, Supplement to Statute Book No. 1467);
16. Government Regulation No. 66/2001 concerning Regional Retribution (Statute Book No. 119/2001, Supplement to Statute Book No. 4139);
17. Government Regulation No. 38/2007 concerning Division of Administration Among the Government, the Government of Province and Government of Regency/City (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
18. Presidential Decree No. 187/M/2004 concerning the Formation of Indonesian Unity Cabinet as amended by Presidential Decree No. 171/M/2005;
19. Presidential Regulation No. 9/2005 concerning the Position, Duty, Function, Structure and Working Arrangement of the State Ministries as amended by Presidential Regulation No. 94/2006;
20. Presidential Regulation No. 10/2005 concerning Organizational Unit and Duty of Echelon I of State Ministries as amended by Presidential Regulation No. 17/2007;
21. Presidential Regulation No. 76/2007 concerning Criteria and Requirement for the Establishment of Closed Business and Opened Business With Requirements in Investment;
22. Presidential Regulation No. 77/2007 concerning List of Closed Business and Opened Business With Requirements in Investment;
23. Decree of the Ministry of Industry and Trade No. 23/MPP/Kep/1/1998 concerning Trade Institutions as amended by Decree of the Minister of Industry and Trade No. 159/MPP/Kep/4/1998;
24. Regulation of the Minister of Trade No. 01/MDAG/PER/3/2005 concerning Organization and Working Arrangement of the Trade Ministry as amended by Regulation of the Minister of Trade No. 24/MDAG/PER/6/2009;
25. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Issuance of Trade License;
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 36/M-DAG/PER/9/2007 CONCERNING ISSUANCE OF TRADE LICENSE
Several provisions in Regulation of the Minister of Trade of the Republic of Indonesia No. 36/M-DAG/PER/9/2007 concerning Issuance of Trade License are amended as follows:
1. Between Paragraph 1 and Paragraph 2 in Article 1 is inserted 1 (one) paragraph read as follows:
"Paragraph 2A
Net asset is result of total asset minus total liabilities exclude land and building of business place."
2. Provision of Article 2 is amended, so it read as follows:
"Article 2
(1) Every company shall have SIUP.
(2) SIUP as intended in paragraph (1) consists of:
a. Small SIUP;
b. Medium SIUP; and
c. Big SIUP.
(3) Except SIUPs as intended in paragraph (2), Micro Trading Company can get Micro SIUP."
3. Provision of Article 3 is amended, so it read as follows:
"Article 3
(1) Small SIUP shall be owned by Trading company with net asset amounting more than Rp 50,000,000 (fifty million rupiah) up to Rp. 500,000,000 (five hundred million rupiah), excluding land and building location of the business.
(2) Medium SIUP shall be owned by Trading company with net asset amounting between Rp 500,000,000 (five hundred million rupiah) up to Rp 10,000,000,000 (ten billion rupiah), excluding land and building location of the business.
(3) Big SIUP shall be owned by Trading company with net asset amounting more than Rp 10,000,000,000 (ten billion rupiah) excluding land and building location of the business."
4. Provision of Article 4 is amended, so it read as follows:
"Article 4
(1) Obligation to own SIUP as intended in Article 2 paragraph (1) shall not be applied on:
a. Company with business activities not in trading sector;
b. Branch office company or representative office;
c. Micro Trading company with following criteria:
1. private or firm company;
2. business activities are managed, operated, or arranged by the owner or member of family/relatives; and
3. has net assets maximum Rp. 50,000,000 (fifty million rupiah) excluding land and building location of the business.
(2) Micro Trading Company as intended in paragraph (1) c only can get Micro SIUP, if it need SIUP."
5. Provision of Article 5 paragraph (1) is amended and paragraph (2) is deleted, so it read as follows:
"Article 5
(1) SIUP shall not be allowed to carry out activities:
a. that are not in line with institution and/or business activities mentioned in SIUP;
b. business that said trading activities, to collect money from the people with promise of abnormal profit (money game); or
c. other trading businesses are arranged by separate laws and regulations."
6. Provision of Article 12 paragraph (1) is amended, so it read as follows:
"Article 12
(1) SIUP issuance official issues SIUP no later than 3 (three) working days since accepting SP-SIUP with complete and correct documents, by using Form as stated in Attachment II of this Ministerial Regulation, with following provision:
a. green for Micro SIUP;
b. white for Small SIUP;
c. blue for Medium SIUP;
d. yellow for Big SIUP.
(2) If SP-SIUP and document are not complete, SIUP issuance official makes a letter of rejection no later than 3 (three) days since accepting the document.
(3) Those whose proposal for SIUP is rejected can propose another in accordance to the requirement in this regulation."
7. Between Article 15 and Article 16 is inserted 1 (one) article, called Article 15A, read as follow:
"Article 15A
(1) If data, information, and explanation stated in:
a. new SP-SIUP;
b. change and/or replacement of lost or damage SP-SIUP; or
c. Report of registration of Branch Office or Representative Office;
are not true; SIUP, changing SIUP, and/or replacement SIUP are issued and recorded or Branch Office or Representative Office become cancelled and not valid anymore.
(2) Cancellation as intended in paragraph (1) is done by SIUP Issuance Office by issues Decision of Cancellation of SIUP, Changing SIUP and/or replacement SIUP, and recording of registration Branch Office or Representative Office of Trading Company.
(3) Decision of Cancellation as intended in paragraph (2) use Form as stated in Attachment III A of this Ministerial Regulation."
8. Provision of Article 16 is amended, so it read as follows:
"Article 16
(1) Every company that proposes new SIUP is free of retribution.
(2) Retribution can be charged to Trading Company when make registration, change and/or replace lost or damage SIUP.
(3) Retribution as intended in paragraph (2), is free for Micro Trading Company as intended in Article 4 paragraph (2).
(4) Amount of retribution as intended in paragraph (2) is stipulated by Province Regulation or local regency/municipality without make burden for business.
(5) Government of province, local government of regency/municipality should put amount of retribution as intended in paragraph (2) at announcement board placed in every Agency Office that has responsibility in trading sector or Single Window Integrated Business Office."
9. Provision of Article 21 paragraph (1) is amended, so it read as follows:
"Article 21
(1) Owner or Management or Accountable Official at company that has had SIUP, that ignores the written caution as intended in Article 20 paragraph (2) or Article 5 paragraph a, may fine administrative sanction of temporary SIUP termination.
(2) Temporary SIUP termination as intended in paragraph (1) maximum for 3 (three) months, done by SIUP Issuance Officer by issues Decree of Temporary SIUP Termination.
(3) Temporary SIUP termination as intended in paragraph (2) use Form as stated in Attachment VIII of this Ministerial Regulation."
10. Provision of Article 23 is amended, so it read as follows:
"Article 23
(1) Trading Company makes violation to provision in Article 2 paragraph (1), may fine sanction of the existing laws and regulations.
(2) Trading company makes violation to provision in Article 5 paragraphs b and c, may fine administrative sanction of SIUP revocation.
(3) Trading company may fine administrative sanction of SIUP revocation, in case makes violation of provision of regulation in trading that stated fines SIUP revocation sanction."
11. Attachment I, Attachment III, Attachment IV, and Attachment VI are amended become as attached in Attachments of this Ministerial Regulation.
12. Between Attachment III and Attachment IV is inserted Attachment IIIA, as attached in Attachments of this Ministerial Regulation.
1. Small SIUP, Medium SIUP, and Big SIUP are issued before this Ministerial Regulation come into force still valid until ending period and then should follow provision in this Ministerial Regulation.
2. After this Ministerial Regulation is stipulated, if owner of Small SIUP, Medium SIUP, and Big SIUP want to do activity related with business based on net assets, it should match its SIUP first then follow that activity.
This Ministerial Regulation shall come into force since 60 (sixty) days after stipulation date.
or public cognizance, order the announcement of this Regulation in the Statute Book Republic of Indonesia.
Stipulated in Jakarta
on September 16, 2009
THE MINISTER OF TRADE,
signed,
MARl ELKA PANGESTU