COPY MINISTER OF TOURISM AND CREATIVE ECONOMY REPUBLIC OF INDONESIA NUMBER 15 YEAR 2014 ABOUT TOURISM BUSINESS STANDARD DIVE BY THE GRACE OF GOD ALMIGHTY MINISTER OF TOURISM AND CREATIVE ECONOMY OF THE REPUBLIC OF INDONESIA Considering: a. that in order to implement the provisions of Article 18 paragraph (3) Government Regulation No. 52 Year 2012 on Certification of Competency and Certification of Business in Tourism Enterprises need to be set on Standards Diving; b. that along with the rapid development of Business Travel Diving is one sub-type of business Water Tourism, and in order to improve the quality of products, services and management and competitiveness Diving Enterprises, the administration effort required to meet the standards Diving effort; c. that the Minister Tourism, Post and Telecommunications No. KM.13 / PW.102 / MPPT93 on Provisions Water Tourism facility, along the Diving Enterprises, is not in accordance tourism development at this time, so it needs to be replaced; d. that based on consideration as intended the letters a, b and c of Regulation of Minister of Tourism and Creative Economy on Business Standards Diving; with remember 1. Law No. 39 of 2008 concerning the Ministry (State Gazette of the Republic of Indonesia Year 2008 Number 166, Supplement to the State Gazette of Republic of Indonesia Number 4916); 2. Law Number 10 of 2009 about Tourism (Official Gazette of the Republic of Indonesia Year 2009 Number 11, Supplement to the State Gazette of the Republic of Indonesia Number 4966); 3. Government Regulation No. 52 Year 2012 on Competence certification and Certification business unit Tourism (State Gazette of the Republic of Indonesia Year 2012 Number 105, Supplement to the State Gazette of the Republic of Indonesia Number 5311); 4. Regulations...
-2-4. Presidential Regulation No. 47 Year 2009 on Establishment and Organization The Ministry of State as last amended by Presidential Decree Number 55 Year 2013 regarding Fourth Amendment to the Presidential Regulation No. 47 Year 2009 on the Establishment and Organization of State Ministries; 5. Regulation of the Minister of Culture and Tourism Numbers PM.96 / HK.501 / MKP / 2010 on Business Registration Procedures for Water Tourism; 6. Regulation of the Minister of Tourism and Creative Economy Numbers PM.07 / HK.001 / mpek / 2012 on Organization and Administration of the Ministry of Tourism and Creative Economy; 7. Regulation of the Minister of Tourism and Creative Economy No. 1 2014 on the Implementation of Tourism Business Certification as last amended by Regulation of the Minister of Tourism and Creative Economy No. 7 of 2014 concerning Amendment to the Regulation of the Minister of Tourism and Creative Economy No. 1 of 2014 on the Implementation of Tourism Business Certification; DECIDED: REGULATION OF THE MINISTER OF TOURISM AND CREATIVE ECONOMY STANDARDS OF BUSINESS TRAVEL DIVE In this Regulation the following meanings: PROVISIONS GENERAL article 1 1. Tourism businesses are businesses that provide goods and / or services for fulfilling the needs of travelers and tourism operation. 2. Diving is a business venture providing various means to dives under or at the water surface using special equipment, including the provision of pilotage services and safety equipment, for recreational purposes. 3. Standard Enterprises is a formulation qualification Diving Travel Business Diving and / or classification Diving Enterprises which includes aspects of product, service and business management Diving. 4. Diving Business Certification is the process of granting certificates of Diving effort to support quality improvement of products, services and management efforts through the compliance audit Diving Diving Business Standard. 5. Diving Enterprises certificate is written evidence given by Certification Bodies to the Tourism Sector Enterprises Enterprises that have met Diving Diving Business Standard. 6. Institutions...
-3-6. Tourism Sector Enterprises Certification Agency, hereinafter referred to LSU's Tourism Sector is an independent institution authorized to conduct business in Tourism Sector Certification in accordance with laws and regulations. 7. Tourism entrepreneur is a person or group of people who do business tourism. 8. Local government is the governor, regent or mayor, and the local officials as an element of local governance processes. 9. Minister is the Minister of Tourism and Creative Economy. 10. The Ministry is the Ministry of Tourism and Creative Economy. Section 2 This Ministerial Regulation regulate and set limitations on: a. minimum requirements in the operation of Diving Enterprises; and b. guidance best practices Enterprises in the implementation Diving certification. The scope of this regulation include: a. Business organizer Diving; b. Business certification certificate and Diving; c. guidance and supervision; and d. administrative sanctions. Article 3 CHAPTER II BUSINESS TRAVEL DIVE Article 4 Diving businesses can constitute individual business or Indonesian business entity incorporated or not incorporated in accordance with the provisions of laws and regulations. CHAPTER III CERTIFICATE AND CERTIFICATION BUSINESS TRAVEL DIVE Part One Article 5 (1) Every effort Diving, shall have a Certificate of Business Diving and implement Business Certification Diving, terms and conditions as set forth in this regulation. (2) In the case...
-4- (2) In the case involving micro, small business, medium business and cooperative Diving in the fields of Business, the Ministry and / or the Local Government can provide and / or obtain the support of the administration, institutional and funding of a special nature, for purposes of ease in the issuance of Certificate of Business Diving and / or implementation of Business Diving Certification process. Article 6 (1) Diving Enterprises certification referred to in Article 5 carried out with reference to the Business Standards Diving, as listed in Annex which is an integral part of this regulation. (2) Diving Business Standards referred to in paragraph (1) shall contain minimum requirements and guidelines regarding Diving Enterprises, which includes aspects of the product, aspects of service and management aspects. The second part Assessment and Implementation Certification Article 7 (1) For the purposes of certification and issuance of Certificate of Business Diving, to do an assessment of: a. fulfillment of basic requirements; and b. fulfillment and implementation of the Business Standards Diving. (2) The basic requirements referred to in paragraph (1) letter a, is Tourism Business Registry Business Sector Water Tourism. (3) In terms of the basic requirements referred to in paragraph (2) fulfilled, the certification can not be done. (4) Fulfillment and implementation of business standards that apply to Enterprises Diving referred to in paragraph (1) letter b, covering aspects: a. product, which consists of four (4) elements and 11 (eleven) sub-elements; b. services, which consist of two (2) elements and 11 (eleven) sub element; and c. management, which consists of four (4) elements and 25 (twenty-five) sub-elements. Article 8 The basic requirements referred to in Article 7 (2) and (3) do not apply to Enterprises Diving classified as micro and small businesses. Article 9...
-5- Article 9 Tourism entrepreneurs who do not meet the standards that apply to Business Enterprises Diving referred to in Article 7 (4), can not postulate themselves as Diving Enterprises. Article 10 (1) Tourism entrepreneurs who have fulfilled the provisions referred to in Article 7 paragraph (4), and has obtained a Certificate of Business Diving, duly authorized to do and can postulate themselves as Diving Enterprises. (2) Assessment of compliance and implementation of business standards that apply for Enterprises in order Diving certification and issuance of Certificate of Diving Enterprises, Tourism Sector organized by LSU. (1) In terms of Business Diving referred to in Article 10 Article 11 paragraph (1) no longer meet and implement the Business Standards Diving applicable based on the Certificate of Business Diving has, then the Entrepreneur of Tourism shall meet and / or correct existing deficiencies within a maximum period of 6 (six) months, starting from the known for the first time about the lack of facts in question. (2) If after the expiration of a period of 6 (six) months referred in paragraph (1) referred Tourism Entrepreneurs can not meet and / or correct existing deficiencies, the Tourism Entrepreneurs are prohibited from conducting business in question Diving. (3) In the case referred to in paragraph (2), the Certificate of Business Diving owned by Tourism Entrepreneurs in question to be invalid and Tourism Entrepreneurs in question is prohibited postulate themselves as Diving Enterprises. Part Three Self Assessments Article 12 (1) Tourism entrepreneurs can conduct self-assessment prior to the implementation of the Tourism Sector Certification by LSU. (2) Ratings...
-6- (2) This self-referred to in subsection (1) does not reduce the obligation to implement the Tourism Employers Certification, under the terms and conditions set forth in this regulation. (3) This self-referred to in paragraph (1) refers to the Business Standards Diving as listed in Annex which is an integral part of this regulation. CHAPTER IV GUIDANCE AND SUPERVISION Article 13 The Ministry of Local Government and implement guidance and supervision in order to implement the Business Standards Diving accordance with the provisions of laws and regulations. Article 14 (1) Minister / Governor / Regent / Mayor to provide guidance in order Business Standards implementation Diving appropriate authority. (2) Coaching is done by the Minister referred to in paragraph (1) (1) includes the dissemination and advocacy. (3) Coaching is done by the Governor referred to in paragraph includes the implementation of technical assistance implementation Business Standards for Entrepreneurs Diving Tourism. (4) Coaching is done by the Regent / Mayor referred in paragraph (1), among others technical guidance Diving Business Standards implementation and operational technical training efforts for employees Diving Diving Enterprises. Article 15 (1) Minister / Governor / Regent / Mayor monitoring application and compliance with our standards Diving Enterprises appropriate authority. (2) Monitoring carried out by the Minister referred to in paragraphs (1) through the evaluation of the application of Business Standards Diving. (3) Monitoring carried out by the Governor referred to in paragraphs (1) through the evaluation of the application activity reports Business Standard Diving in the working area. (4) The Regent...
-7- (4) Regent / Mayor oversight as referred to in paragraph (1) through the evaluation of the Basic Requirements and ownership Business Certificate Diving. CHAPTER V ADMINISTRATIVE SANCTIONS Article 16 (1) Each of Tourism Employers who do not exercise and / or abuse provisions referred to in Article 5 (1), and Article 11, may be subject to administrative sanctions. (2) The administrative sanctions referred to in paragraph (1), comprising: a. written warning; b. Diving restrictions on business activities; and c. suspension or revocation of Tourism Business Registry. (3) Administrative sanctions in the form of a written warning as referred to in paragraph (2) letter a is at least three (3) times and implemented proper and orderly, with an interval between each written warning fastest for 30 (thirty) business days, and should be charged before sanksisanksi other administrative services charged, (4) Diving Business activity restriction referred to in paragraph (2) b, Tourism Entrepreneur imposed if does not comply with a written warning and the third interval time period referred to in paragraph (3) for the fastest 30 (thirty) days, has been exceeded. (5) Suspension or revocation of Tourism Business Registry as referred to in paragraph (2) c, imposed if the Tourism Entrepreneurs do not comply with the third written warning and has been through the most rapid period of 60 (sixty) days from the date of the third written warning worn. TRANSITIONAL PROVISIONS Article 17 In the case of Local Government has not been able to organize and publish the Business Registry Tourism Business Sector Water Tourism, at the time of entry into force of the Regulation of the Minister, the fulfillment of the provisions referred to in Article 7 paragraph (1) and (2) of the Regulation of the Minister of this can be done in the form of a letter or recommendations issued by the local government. Article 18...
-8- Article 18 Employers required to have a Certificate of Business Tourism Diving and implement Business Certification Diving by this regulation within a maximum period of 2 (two) years from the entry into force of this regulation. Article 19 (1) In terms of Business Diving included in the category of micro, small businesses, medium-sized businesses and cooperatives, the business standards set out in the Minister is not required to be applied before the expiration of a period of 4 (four) years from the entry into force of this regulation. (2) Before the expiration of a period of 4 (four) years from the entry into force This regulation Diving Enterprises are included in the category referred to in paragraph (1) may request to do the certification of Tourism Enterprises selamnya voluntarily by this regulation. (3) Diving Business Certificate issued under the provisions of as referred to in paragraph (2) have the same force as certificates issued Diving Enterprises where the application of effort has been required standards. (4) Effort against Diving referred to in paragraph (1) be developed in order to meet certification requirements. CONCLUSION CHAPTER VII Article 20 At the time this regulation comes into force, the Ministry of Tourism, Post and Telecommunications No. KM.13 / PW.102 / MPPT93 on Provisions Water Tourism facility, along the Diving Enterprises, are not applicable. Article 21...
-9- Article 21 This Regulation comes into force on the date of promulgation. For public cognizance, this Ministerial Regulation shall be promulgated in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on July 14, 2014 MINISTER OF TOURISM AND CREATIVE ECONOMY REPUBLIC OF INDONESIA, Signed. MARI PANGESTU Promulgated in Jakarta on July 22, 2014 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, Signed. AMIR SYAMSUDIN NEWS OF THE REPUBLIC OF INDONESIA NUMBER 2014 1020