to Indonesian
a. that regional tax and regional retribution are important source of regional revenue as financing of regional governmental implementation based on regional tax object and regional retribution as governed by Law No. 28/2009 concerning Regional Tax and Regional Retribution;
b. that since enacted Law No. 28/2009 concerning Regional Tax and Regional Retribution, SIUP is not object of regional retribution;
c. that based on Regulation of The Minister of Trade No. 46/M-DAG/PER/9/2009 concerning Amendment to the Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning The Issuance of Trade License, on the services of registration, changes or replacement of lost or damage SIUP can be collected retribution, and to make harmonize with Law No. 28/2009 concerning Regional Tax and Regional Retribution, it is necessary to amend provision on the retribution.
d. that based on consideration as intended in paragraphs a, b and c, it need to amend Regulation of The Minister of Trade No. 46/M-DAG/PER/9/2009 concerning Amendment to the Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning The Issuance of Trade License;
e. that based on consideration as intended in paragraphs a, b, c and d, it is necessary to issue 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 of the Republic of Indonesia No. 55/1971, Supplement to Statute Book of the Republic of Indonesia No. 2966);
3. Law No. 3/1982 concerning Obligation of Company Registration (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
4. Law No. 25/1992 concerning Cooperation (Statute Book of the Republic of Indonesia No. 116/1992, Supplement to Statute Book of the Republic of Indonesia No. 3502);
5. Law No. 32/1997 concerning Commodity Future Trading (Statute Book of the Republic of Indonesia No. 93/1997, Supplement to Statute Book of the Republic of Indonesia No. 3720) as amended by Law No. 10/2011 (Statute Book of the Republic of Indonesia No. 79/2011, Supplement to Statute Book of the Republic of Indonesia No. 5232);
6. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3817);
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 of the Republic of Indonesia No. 252/2000, Supplement to Statute Book of the Republic of Indonesia No. 4054);
8. Law No. 32/2004 concerning Regional Administration (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended several times, the latest by Law No. 12/2008 (Statute Book of the Republic of Indonesia No. 59/2008, Supplement to Statute Book of the Republic of Indonesia No. 4844);
9. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
10. 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);
11. Law No. 40/2007 concerning Limited Company (Statute Book No. 106/2007, Supplement to Statute Book No. 4756);
12. Law No. 44/2007 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2007 concerning Amendment to the Law No. 36/2009 concerning Stipulation of Government Regulation No. 1/2000 concerning Free Trade Zone and Free Port become Law (Statute Book of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia No. 4775);
13. Law No. 20/2007 concerning Micro, Small and Medium Company (Statute Book of the Republic of Indonesia No. 93/2008, Supplement to Statute Book of the Republic of Indonesia No. 4866);
14. Law No. 28/2009 concerning Regional Tax and Regional Retribution (Statute Book of the Republic of Indonesia No. 136/2009, Supplement to Statute Book of the Republic of Indonesia No. 5049);
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. 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);
17. Presidential Regulation No. 76/2007 concerning Criteria and Conditions on the Arrangement of Closed Business and Opened Business with Requirements in Investment;
18. Presidential Decree No. 84/P/2004 concerning the Formation of Indonesian Unity Cabinet II as amended by Presidential Decree No. 59/P/2011;
19. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 77/2011;
20. Presidential Regulation No. 24/2010 concerning Position, Task and Function of State Ministries as well as Organization Structure, Task, and Function of First Echelon of Ministry of Trade;
21. Presidential Regulation No. 36/2010 concerning List of Closed Business and Opened Business With Requirements in Investment;
22. Decree of the Ministry of Industry and Trade No. 23/MPP/Kep/1998 concerning Trade Institutions;
23. Regulation of The Minister of Trade No. 31/MDAG/PER/7/2010 concerning Organization and Working Arrangement of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING SECOND AMENDMENT TO THE REGULATION OF THE MINISER OF TRADE No. 36/M-DAG/PER/9/2007 CONCERNING THE ISSUANCE OF TRADE LICENSE
Provision in Article 16 of Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trade License as amended by Regulation of the Minister of Trade No. 46/M-DAG/PER/9/2009 shall be amended as follows:
"Article 16
(1) Every Trading Company that proposes new SIUP, SIUP registration, changing and substitution of SIUP which is lost or damage is free of charge."
This Ministerial Regulation is effective since the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 9, 2022
THE MINISTER OF TRADE,
signed,
GITA IRAWAN WIRJAWAN