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Ministry of Trade Republic of Indonesia

REGULATION OF

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

NUMBER: 33/M-DAG/PER/8/2008

CONCERNING

PROPERTY TRADE INTERMEDIARY COMPANY

BY THE GRACE OF GOD THE ALMIGHTY

THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

Considering : a. whereas the trade property activity carried out by the

company or individual has developed rapidly, both the

number and value of business actors or property sale value,

in line with the development of the Indonesian economy;

b. whereas to create the legal certainty, business certainty,

consumer protection, prevention of unhealthy business

competition, as well as as an effort to support the increase

in business activity in property sector, the expansion of job

vacancy, and increase in competitiveness, it is necessary to

regulate the property trade intermediary company;

c. whereas in this respect, it is necessary to stipulate the

Regulation of Minister of Trade;

Recalling : 1. Bedrijfsreglementerings Ordonantie 1934 (State Gazette of 1938

Number 86);

2. Law of the Republic of Indonesia Number 3 of 1982

concerning Company Register (State Gazette of the

Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008

2

Republic of Indonesia of 1982 Number 7, Supplement of

State Gazette of the Republic of Indonesia Number 3214);


concerning Prohibition of Monopoly Practice and Unfair

Business Competition (State Gazette of the Republic of

Indonesia of 1999 Number 33, Supplement of State Gazette

of the Republic of Indonesia Number 3817);

4. Law of the Republic of Indonesia Number 8 Of 1999

concerning Consumer Protection (State Gazette of the




concerning Regional Government (State Gazette of the

Republic of Indonesia of 2004 Number 125, Supplement

Number 4437) as already amended several times, recently

by the Law of the Republic of Indonesia Number 12 of 2008

(State Gazette Indonesia of 2008 Number 59, Supplement

of State Gazette of the Republic of Indonesia Number

4844);


concerning Investment (State Gazette of the Republic of

Indonesia of 2007 Number 67, Supplement of State Gazette

of the Republic of Indonesia Number 4724);


concerning Limited Liability Company (State Gazette of the




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concerning Micro, Small and Medium Scale Business (State

Gazette of the Republic of Indonesia of 2008 Number 93,

Supplement of State Gazette of the Republic of Indonesia

Number 4866);

9. Government Regulation of the Republic of Indonesia

Number 1 of 1957 concerning Company Distribution (State


Supplement Number 1144), as already amended several

times, recently by the Government Regulation of the

Republic of Indonesia Number 53 of 1957 (State Gazette of

the Republic of Indonesia of 1957 Number 150, Supplement


1467);


Number 44 of 1997 concerning Partnerships (State Gazette

of the Republic of Indonesia of 1997 Number 91,


Number 3718);


Number 23 of 2004 concerning Professional Certification

National Board (State Gazette of the Republic of Indonesia

of 2004 Number 78, Supplement of State Gazette of the

Republic of Indonesia Number 4408);


Number 38 of 2007 concerning regarding Distribution of

Governmental Affairs between the Government, the

Provincial Government and District Government (State



Number 4737);


4


Number 42 of 2007 concerning Franchise (State Gazette of

the Republic of Indonesia of 2007 Number 90, Supplement


4742);

14. Decree of the President of the Republic of Indonesia

Number 187/M of 2004 concerning Establishment of

Indonesia Bersatu Cabinet, as already amended several

times, recently by the Decree of the President of the

Republic of Indonesia Number 171/M of 2005;

15. Regulation of the President of the Republic of Indonesia

Number 9 of 2005 concerning Position, Task, Function,

Organizational Structure and Work System of the Ministry of

the Republic of Indonesia as already amended several

times, recently by the Regulation of President of the

Republic of Indonesia Number 20 of 2008;


Number 10 of 2005 concerning Organization Unit and Task

of Echelon I of State Ministries of the Republic of Indonesia

as already amended several times, recently by the

Regulation of President of the Republic of Indonesia

Number 21 of 2008;


Number 76 of 2007 concerning Criteria and Requirement of

Preparation of Closed and Open Business Sector with the

Requirements in Investment Sector;


Number 77 of 2007 regarding List of Closed and Open

Business Sector with the Requirements in Investment

Sector as already amended by the Regulation of the


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President of the Republic of Indonesia Number 111 of 2007

regarding Amendment to Regulation of the President of the

Republic of Indonesia Number 77 of 2007 concerning List of

Closed and Open Business Sector with the Requirements in

Investment Sector;

19. Regulation of the Minister of Trade of the Republic of

Indonesia Number 01/M-DAG/PER/3/2005 on Organization

and Administration of the Ministry of Trade as several times

amended the latest by Regulation of Ministry of Trade

Republic of Indonesia Number 34/M-DAG/PER/8/2007;

20. Regulation of the Minister of Trade of the Republic of

Indonesia Number 31/M-DAG/PER/8/2008 concerning

Franchising;

HA DECIDES:

To Stipulate : REGULATION OF THE MINISTER OF TRADE OF THE

REPUBLIC OF INDONESIA CONCERNING PROPERTY

TRADE INTERMEDIARY COMPANY

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Regulation of the Minister, by:

1. Property Trade Intermediary Company hereinafter referred

to as company shall mean a business entity running the

activity as an sale purchase intermediary, lease

intermediary, research and study, marketing, as well as

consultation and dissemination of information relating to the

property owner based on the instruction of project owner as

provided for in the written agreement.


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2. Property shall mean property in form of land and/or building

as well as other facility and infrastructure forming integral

part of the land and/or building.

3. Property trade intermediary hereinafter referred to as expert

shall mean a person having special expertise in property

sector proven by a certificate issued by an accredited

certification institution.

4. Certificate shall mean the document as evidence of written

acknowledgment or certification result to the classification

and qualification of the property trade intermediary company

or expert issued by the certification institution.

5. Certification institution shall mean institution issuing the

certificate of acknowledgment of classification and

qualification of the company or expertise of the expert

according to its/his field based on the authority or

acknowledgment of the accreditation institution.

6. Application for Property Trade Intermediary Business Permit

hereinafter referred to as SPSIU-P4 shall mean an form of

application for permit containing the data to obtain a

Property Trade Intermediary Business Permit.

7. Property Trade Intermediary Company Business Permit

hereinafter referred to as SIU-P4 shall mean a permit to

carry out the property trade intermediary activity.

8. Company’s branch office shall mean a company constituting

a unit or division of its holding company that may has

domicile at the different place and can be independent or

assigned to carry out several tasks of its holding company.

9. Project owner shall mean the parties requiring the property

trade intermediary company service in terms of sale and


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purchase, lease, research and study, marketing, as well as

consultation and dissemination of information relating to the

property.

10. Property trade intermediary organization shall mean the

company and expert association organization in the

property trade intermediary sector.

11. Director for Business Development and Company

Registration hereinafter referred to as Director for Binus and

PP shall mean a Director with task and responsibility in the

business development and company registration sector,

Directorate General of Domestic Trade, Ministry of Trade.

12. Director General of Domestic Trade hereinafter referred to

as Dirjen PDN shall mean the Director General with task

and responsibility in the domestic trade sector, the Ministry

of Trade.

13. Minister shall mean the Minister with task and responsibility

in the trade sector.

CHAPTER II

PROPERTY TRADE INTERMEDIARY COMPANY ACTIVITY

Part One

Scope

Article 2

The company’s activities cover:

a. Sale-purchase service;

b. Lease service;

c. Property research and study service;

d. Marketing service; and

e. Consultancy and information dissemination service.


8

Article 3

The sale-purchase service as referred to in Article 2 item a shall

cover receiving and carrying out the work to sell and/or purchase

the property within a certain period according to the written

agreement between the project owner and company, with the

activities among others:

a. verify the other legality letter and document relating to the

object agreed and check the truth of document to the

issuing agency and other relevant agencies;

b. carry out the research on the prospective purchaser and

collect the data as well as document from the parties

making transaction;

c. make an offer through printed, electronic, and other media;

d. provide advice to the project owner relating to the

prospective purchaser or seller, price, and condition of

property;

e. make negotiation with the prospective purchaser or seller;

f. receive the down payment or advance payment from the

prospective purchaser at approval of the project owner;

g. provide information on marketing activity regularly to the

project owner;

h. prepare the preliminary agreement on transaction (sale

purchase agreement); and

i. assist the finding of funding source from the financial

institution.

Article 4

Lease service as referred to in Article 2 item b shall cover

receiving and carrying out the work to find out a lessee or lease

out the property within certain period according to the written

agreement between the project owner and company, with the


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activities among others:

a. promote the marketing for property through the printed and

electronic media;

b. provide advice on property price and condition;

c. assess the quality of prospective lessee (client);

d. provide information to the project owner regularly about the

development of marketing activity;

e. provide assistance to the owner or lessee in the property

location survey;

f. make negotiation with the prospective lessee;

g. receive the down payment or advance payment from the

prospective lessee at approval of the project owner; and

h. prepare a lease agreement between the prospective lessee

and property owner, including collect the relevant data and

document.

Article 5

The property research and study service of as referred to in

article 2 item c shall cover the research and study activity on the

property quality standard according to the written agreement

between the project owner and company, with the activity among

others:

a. carry out the analysis of quality standard of property

marketed; and

b. carry out the feasibility study for the property development.

Article 6

The marketing service as referred to in article 2 item d shall cover

among others exhibition, advertisement, convention about

property, or property initial offering according to the written

agreement between the project owner and company.

Article 7


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The consultancy service and dissemination of information as

referred to in article 2 item e shall cover among others the

assistance for consultation and dissemination of information, or

provision of advice on property according to the written

agreement between the project owner and company.

Article 8

(1) The property trade intermediary business activity as referred

to in article 2 can only be made by the national company.

(2) The company as referred to in paragraph (1) may enter into

cooperation with the companies coming from overseas only

through a franchise system according to the legislation.

Part Two

Written agreement

Article 9

(1) The company in running its activity shall enter into a written

agreement with the project owner.

(2) The written agreement as referred to in paragraph (1) shall

at least contain:

a. scope of activity assigned;

b. property object;

c. parties’ rights and obligations;

d. value or percentage and procedure of payment of

commission;

e. validity term of agreement covering the active and

passive term; and

f. dispute settlement.

/


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Part Three

Service Fee

Article 10

(1) The company shall be entitled to receive the service fee

from the project owner for the services provided.

(2) In case the property sale-purchase and lease services as

referred to in Article 3 and Article 4, the company shall be

entitled to receive the service fee in terms of commission

from the project owner at least 2% (two percent) of the

transaction value.

(3) For the provision of commission as referred to in paragraph

(2), the provisions on active and/or passive term as referred

to in Article 9 paragraph (2) item e shall apply.

(4) Active term as referred to in paragraph (3) shall constitute

the end of an agreement.

(5) The passive term as referred to in paragraph (3) shall

constitute the certain additional time after the expiry of

active term as referred to in paragraph (4).

CHAPTER III

AUTHORITY

Article 11

(1) The Minister has the authority of property trade intermediary

activity regulation.

(2) The Minister shall delegate the authority of the issue of SIU-

P4 to the Director General of PDN.

(3) The Director General of PDN shall delegate the authority of

issue SIU-P4 to the Director for Binus and PP.


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CHAPTER IV

PROPERTY TRADE INTERMEDIARY COMPANY

Article 12

(1) The Company shall have at least 2 (two) experts.

(2) --------- [missing page] ------- company and duly stamped. (2)

(3) The arrangement of application for SIU-P4 and re-

registration of P4-SIU can be made by the third party by

indicating the power of attorney, duly stamped and signed

by the company’s owner, management, or person in charge.

(4) The arrangement of application for SIU-P4 and re-

registration of SIU-P4 as referred to in paragraph (1) shall

be free of administration charge.

Article 16

(1) the application for SIU-P4 as referred to in Article 15

paragraph (1) shall be equipped with the following

documents:

a. Photocopy of deed of notary public of company’s

establishment for company in form of PT and CV;

b. Photocopy of deed of establishment of cooperatives

and ratification of legal entity from the competent State

for the company in form of cooperatives;

c. Photocopy of deed of establishment of company for the

company in form of firm and individual (if any);

d. Photocopy of ratification of legal entity from the Ministry

of Law and Human Rights for the company in form of

PT;

e. list of experts, at least 2 (two) people equipped with:


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1. Statement as expert in the property trade

intermediary sector and not working in the other

similar company, on the paper bearing stamp;

2. Photocopy of professional certificate;

3. Curriculum vitae; and

4. Photocopy of Identity Card (KTP).

f. Photocopy of ID card and photograph of the owner,

management, or person in charge of the company

namely 2 (two) pieces at size of 4x6 cm.

(2) In case the submission of photocopy of documents as

referred to in paragraph

(3) The applicant shall indicate the original document for the

validity examination that will be returned to the applicant

after the examination.

a. Within not later Than 3 (three) business days as of the

receipt of application for SIU-P4: a. it is declared

already correct and complete, the Director for Binus

and PP shall issue SIU-P4 by using the form as per

Annex II hereto; or

b. it is declared incorrect and/or incomplete, the Director

for Binus and PP shall make a denial furnished with the

reasons of denial by using the form as per Annex III

hereto.

(4) The Company of which the application is denied as referred

to in paragraph (3) item b may re-submit the application for

SIU-P4 by filling out SPSIU-P4 as referred to in paragraph

(1).

Article17

(1) The application for re-registration of SIU-P4 as referred to in

Article 15 paragraph (1) shall be equipped with the


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document as follows:

a. Original SIU-P4;

b. Photocopy of company’s balance sheet, and

c. Photocopy of Company Registration Certificate (TDP).

(2) Within not later than 3 (three) business days as of the

receipt of application and document as referred to in

paragraph (1), the Director Binus and PP shall issue SIU-P4

by using the form as per Annex II hereto;

Article 18

(1) The owner, management, or person in charge of the

company already having SIU-P4 that will open a branch

office, shall report in writing to the Head of Agency

responsible in the trade sector in the local district/municipal

with carbon copy to the State issuing SIU-P4 and Head of

Agency responsible in the trade sector in the province at the

company’s branch office domicile.

(2) The written report as referred to in paragraph (1) shall be

equipped with the documents as follows:

a. photocopy of SIU-P4 already legalized by the

competent State;

b. Photocopy of document on opening of company’s

branch office;

c. Photocopy of Identity Card (KTP) of the owner,

management, or person in charge of the company’s

branch office;

d. list of expert in the company’s branch office; and

e. Photocopy of Company Registration Certificate (TDP)

of the head office.

(3) Within not later than 3 (three) business days as of the

receipt of report and requirement document as referred to in


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paragraph (1) and paragraph (2) completely and correctly,

the Head of Agency responsible in the trade sector in the

local district/municipal shall record in the register of opening

of company’s branch office and affix the signature as well as

seal/stamp on the front page of photocopy of SIU-P4 of the

company’s head office.

(4) Photocopy of SIU-P4 of head office already signed and

sealed/stamped as referred to in paragraph (3) shall apply

as SIU-P4 of the company’s branch office.

Article 19

(1) The company already having SIU-P4, if making change of

company’s data containing the change of company’s name

and address, owner, management, or person in charge,

and/or expert, within not later than 3 (three) months as of

the change, shall report the changes to the Director for

Binus and PP by attaching the supporting data relating to

the change and original SIU-P4.

(2) If the change of data as referred to in paragraph (1)

rendering the change of SIU-P4, the Director for Binus and

PP shall issue SIU-P4 of change within not later than 3

(three) business days as of the receipt of the report on

change by using the form as per Annex II hereto.

Article 20

(1) The Company of which SIU-P4 is lost or damaged, shall

submit the written application for replacement of SIU-P4 to

the Director for Binus and PP by filling out SPSIU-P4 as per

Annex I hereto and equipped with the documents as follows:

a. statement on lost from the Police for lost SIU-P4; or

b. original SIU-P4 for damaged SIU-P4.


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(2) The Director for Binus and PP shall re-issue substitute SIU-

P4 within not later than 3 (three) business days as of the

receipt of application in complete and correctly, by using the

form as per Annex II hereto.

Article 21

Every company already obtaining SIU-P4 shall register its

company in Company Register within not later than 3 (three)

months as of the issue of SIU-P4.

CHAPTER VII

BUILDING AND SUPERVISION

Article 22

(1) Dirjen PDN shall build and supervise as well as evaluate the

implementation of property trade intermediary business

activity.

(2) The building as referred to in paragraph (1) shall be made

through extension, consultation, facilitation, education, and

training.

(3) The supervision as referred to in paragraph (1) shall be

made according to the technical direction of supervision

implementation.

(4) The evaluation as referred to in paragraph (1) shall be made

based on the annual report on company’s business activity

and observation result to the company’s location.

CHAPTER VIII

REPORTING

Article 23

(1) Every company already having SIU-P4 shall submit the

annual report on the company’s activity to the Director for

Binus and PP by using the form as per Annex IV hereto.


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(2) The report as referred to in paragraph (1) shall be made

within not later than March 31 of the subsequent year.

(3) If requested by the Minister or State so appointed, the

Company shall provide the report, data, and/or information

about the implementation of company’s activity, besides the

report as referred to in paragraph (1).

Article 24

(1) The owner, management, or person in charge of the

company not carrying out its business activity shall submit a

written report to the Director for Binus and PP within not

later than 3 (three) months as of the termination date of

business activity by attaching the supporting document and

original SIU-P4.

(2) The Director for Binus and PP shall issue the statement on

termination of property trade intermediary business activity

by using the form as per Annex V hereto.

CHAPTER IX

SANCTION

Article 25

(1) The Company breaching the provisions as referred to in

Article 9, Article 12, Article 13 item d, Article 14 paragraph

(3) or paragraph (5), Article 18 paragraph (1), Article 19

paragraph (1), Article 23 paragraph (1) or paragraph (3), or

Article 24 shall be subjected to administrative sanction in

terms of a written warning by the State issuing SIU-P4.

(2) The written warning as referred to in paragraph (1) shall be

issued maximum 3 (three) times consecutively within stay of

2 (two) weeks as of the written warning date, by using the

form as per Annex VI hereto.


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Article 26

(1) The Company failing to comply with the provisions in the

written warning as referred to in Article 25 paragraph (2),

shall be subjected administrative sanction in terms of

suspension of SIU-P4 within period of maximum 1 (one)

month.

(2) The suspension of SIU-P4 as referred to in paragraph (1)

shall be made by the State issuing SIU-P4 by using the form

as per Annex VII hereto.

(3) SIU-P4 subjected to suspension as referred to in paragraph

(1) can be reactivated, if the relevant company has fulfilled

the provisions as referred to in the third written warning.

Article 27

(1) If the company fails to fulfill the provisions in the written

warning and the decision of suspension as referred to in

Article 25 and Article 26, it shall be subjected to

administrative sanction in terms of revocation of SIU-P4.

(2) The revocation of SIU-P4 as referred to in paragraph (1)

shall be made by the State issuing SIU-P4 by using the form

as per Annex VIII hereto.

Article 28

The company breaching the provisions as referred to in Article 8,

Article 13 item a, item b, or item c, Article 14 paragraph (1), or

Article 21 shall be subjected to sanction as set forth in the

legislation.


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CHAPTER X

MISCELLANY

Article 29

The technical direction of implementation hereof shall further be

regulated by the Dirjen PDN.

CHAPTER XI

TRANSITIONAL PROVISIONS

Article 30

(1) The Trade Business Permit (SIUP) used to carry out the

business activity in the property trade intermediary sector

before the stipulation hereof shall be declared remain

effective until expiry of its validity term.

(2) After expiry of the validity term of SIUP as referred to in

paragraph (1), the company shall adjust to the provisions

hereof.

CHAPTER XII

CLOSING

Article 31

This Regulation of Minister shall become effective 1 (one) year

as of the date of stipulation.

For public cognizance, it is ordered to publicize this Regulation of

Minister by publishing in the State Gazette of the Republic of

Indonesia.


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Stipulated in Jakarta

Date : August 21, 2008

MINISTER OF TRADE OF THE

REPUBLIC OF INDONESIA

signed

MARI ELKA PANGESTU

Copy in conformity with the original

Secretariat General

Ministry of Trade of the Republic of

Indonesia

Head of Legal Bureau,

signed

WIDODO

21

ATTACHMENT TO REGULATION OF MINISTER OF TRADE OF THE REPUBLIC

OF INDONESIA.

Number : 33/M-DAG/PER/8/2008

Date : August 21, 2008

LIST OF APPENDICES

Appendix I : Application for Property Trade Intermediary Company

Business Permit (SPSIU-P4)

Appendix II : Property Trade Intermediary Company Business Permit

(SIU-P4)

Appendix III : Decision on Denial of Application for Issue of SIU-P4

Appendix IV : Form of Report on Property Trade Intermediary

Business Activity

Appendix V : Statement on Termination of Property Trade

Intermediary Company

Appendix VI : Written Warning

Appendix VII : Decision on Suspension of SIU-P4

Appendix VIII : Decision on Revocation of SIU-P4

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

signed

MARI ELKA PANGESTU

Copy corresponds with the original

Secretariat General of

the Ministry of Trade

Head of Legal Bureau,

signed

WIDODO

Attachment I Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008

22

APPLICATION FOR PROPERTY TRADE INTERMEDIARY COMPANY BUSINESS

PERMIT (SPSIU-P4)

To.

Director for Business Development and Company Registration

Directorate General of Domestic Trade

Ministry of Trade of the Republic of Indonesia

In

Jakarta

ILLED OUT BY OWNER/MANAGEMENT/PERSON IN CHARGE

Filled out/typed in block letters

I, the signatory, hereby submit the Application for Property Trade Intermediary

Company Business Permit (SIU-P4) as provided for in the Regulation of Minister of

Trade of the Republic of Indonesia Number …/M-DAG/PER/…/2008.

1. Application for New SIU-P4 *) :

2. Application for Re-Registration of SIU-P4 *) :

3. Application for Replacement of SIU-P4 *) :

I. Identity of Owner/Management/Person in Charge **)

1. Name : …………………………………………………………

2. Address : …………………………………………………………

…………………………………………………………

3. Birth Place/Date : ………………………/………………………………..

4. Phone/Fax Number : ………………………………/………………………..

5. ID Card Number : …………………………………………………………


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II. Company’s Identity

1. Company : …………………………………………………………

2. Address : …………………………………………………………

…………………………………………………………

3. Phone/Fax Number : ……………………………/…………………………..

4. Province : …………………………………………………………

5. District/City/Municipal : …………………………………………………………

6. Sub District: : …………………………………………………………

7. Village/Desa : …………………………………………………………

8. Zip Code: : …………………………………………………………

III. Company’s Legality

Company In Form of Limited Liability Company/Cooperatives/CV/Firm/Individual **)

1. Deed of establishment

a. Number & Date of Deed : ……………………………………...

b. Number & Date of Ratification : ……………………………………...

2. Deed of Amendment

a. Number & Date of Deed : ……………………………………...

b. Number & Date of Ratification : ……………………………………...

IV. Capital and Shares

1. Capital and Assets Value : ……………………………………...

Company’s Net (excluding land and building as business place)

2. Shares (especially for company in form of corporate body)

Total Value and Number of Shares : ……………………………………...


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V. Expert

1. a. Name ………………………………………………...

b. Certificate Number ………………………………………………...

c. Institution Issuing Certificate ………………………………………………...

2. a. Name ………………………………………………...

b. Certificate Number ………………………………………………...

c. Institution Issuing Certificate ………………………………………………...

(and so forth)

In witness whereof this Application for SIU-P4 is truly made and if in fact

untrue or false data or information or remarks is found, we declared that we are

prepared to be subjected to revocation of and claim for SIU-P4 already issued

according to the legislation.

…………………………………………………….

Name and Signature of

Owner/Management/Person in Charge of

Trading Company**)

Company’s seal and duly stamped

…………………………………………………….

Notes:

*) chose one

**) delete as appropriate

Attachment II Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008

25

MINISTRY OF TRADE OF THE REPUBLIC OF INDONESIA

DIRECTOR GENERAL OF DOMESTIC TRADE

DIRECTORATE OF BUSINESS DEVELOPMENT and COMPANY

REGISTRATION

PROPERTY TRADE INTERMEDIARY BUSINESS PERMIT

(SIU-P4)

(Company Type)

…………………………………………………………………………………………………………..

Number Re-registration : 1 2 3 4 5

Change :

Substitution :

Company :

Owner/Management/Person

in Charge

:

Address :

Phone Number : Fax :

THIS PERMIT IS EFEFCTIVE TO CARRY OUT PROPERTY TRADE INTERMEDIARY

ACTIVITY IN ALL TERRITORIES OF THE REPUBLIC OF INDONESIA, AS LONG AS THE

COMPANY STILL CARRIES OUT ITS BUSINESS, IT IS SHALL BE SUBJECTED TO RE-

REGISTRATION EVERY 5 (FIVE) YEARS

Issued in Jakarta

on

OFFICIAL ISSUING SIU-P4

Attachment II Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008

26

GENERAL PROVISIONS

A. GENERAL

1. The owner of SIU-P4 may carry out the activity in the property trade intermediary

business sector in all Indonesian territories during the company run its business.

2. The property trade intermediary company in carrying out its business activity shall

comply with the prevailing provisions and procedures as well as legislation.

B. OBLIGATION

1. The Company shall submit the company’s progress report by annually.

2. Report the change of company’s data containing the change of company’s name

and address, owner/management/person in charge, and/or expert.

3. Report in writing if closing or terminating its business activity by returning the

original SIU-P4.

C. SANCTION

The owner of SIU-P4 committing breach of this provision may be subjected to

administrative sanction and/or criminal sanction according to the legislation.

D. Appeal

The owner of SIU-P4 is suggested to become the Member of Property Trade

Intermediary Company Organization.

27

Annex III Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008



DIRECTORATE OF BUSINESS DEVELOPMENT AND COMPANY REGISTRATION

Number : /PDN/ …………/ Jakarta,

Encl :

Re. Denial of Application for Property Trade

Intermediary Company Business Permit

(SIU-P4)

To.

…………………………………….

…………………………………….

In

…………………………………….

Based on the result of examination of application for property trade

intermediary company business permit dated …, at the name of PT. …., in fact it

is not yet complete and correct, so it cannot be processed for the issue of

Property Trade Intermediary Business Permit (SIU-P4).

The insufficiencies are:

1. …………………………………………………………………………………………

2. …………………………………………………………………………………………

3. …………………………………………………………………………………………

4. …………………………………………………………………………………………

Based on the matters above, we deny to issue SIU-P4 at the name of PT

…………………... in .............................

Thank you for your attention.

DIRECTOR FOR BUSINESS DEVELOPMENT

AND COMPANY REGISTRATION,

CC:

1. Dirjen PDN;

2. Irjen Depdag.

28

Annex IV Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008

(COMPANY’S HEAD LETTER)

Number : Place, Date

Encl. :

Re. : Report on Company’s Business

Activity

To.

Director for Business Development

and Company Registration

Directorate General of Domestic

Trade

in -

Jakarta

1. Name of Company : ………………………………………………

2. Number and Date of SIU-P4 : ………………………………………………

3. Address: : ………………………………………………

4. Turnover

a. Current Year: : ………………………………………………

b. Previous Year. : ………………………………………………

(Attach Company’s Balance Sheet of the Latest Year)

5. Number of Expert : …………………………… persons

6. Number of Workers

(including owner/management/person in charge outside expert)

a. S2/S3 : …………………………...… persons

b. S1 : …………………………...… persons

c. D3 : …………………………….. persons

d. SMA or its equal : …………………………..… persons

e. Other education : …………………………..… persons

In witness whereof, this report is truly made.

Owner/Management/Person in Charge of Company,

29

Annex V Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008




CERTIFICATE

TERMINATION OF PROPERTY TRADE INTERMEDIARY COMPANY

BUSINESS ACTIVITY

Number:

According to a letter from PT ... Number ... Date ... Concerning ..., explaining that PT

… has ceased the property intermediary trade business activity and has returned the

original SIU-P4 Number ... Date …

In this respect, then all responsibilities and obligations of the company relating to the

property trade intermediary business activity with the relevant parties shall remain

become the responsibility and obligation of the relevant company.

In witness whereof, this certificate is issued for proper cognizance.



CC:

1. Dirjen PDN;

2. Irjen Depdag.

30

Annex VI Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008




Number : Place, Date

Encl. :

Re. : (…)th Warning on Implementing

Provisions on Property Trade

intermediary Company Business

Activity (SIU-P4)

To.

……………………………………...

.……………………………………..

in -

……..………………………….

According to the Property Trade Intermediary Company Business

Permit (SIU-P4) Number ……..…. Dated …..... at the name of PT …………,

regarding the captioned subject and after the research and examination, in fact

your Company fails to fulfill the provisions as provided for in the Regulation of

the Minister of Trade of the Republic of Indonesia Number ...../M-

DAG/PER/……../2008 among others:

1. …………………………………………………………………………………..

2. …………………………………………………………………………………..

3. …………………………………………………………………………………..

4. …………………………………………………………………………………..

In this respect, within not later than 2 (two) weeks as of this Warning

Letter, you should have been fulfilled the prevailing provisions on SIU-P4 and

report the same to us in the first chance.

Thank you for your attention.

OFFICIAL ISSUING SIU-P4,

Cc:

1. Dirjen PDN;

2. Irjen Depdag.

31

Annex VII Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008




DECISION OF

DIRECTOR FOR BUSINESS DEVELOPMENT AND COMPANY REGISTRATION

NUMBER:

CONCERNING

SUSPENSION OF PROPERTY TRADE INTERMEDIARY COMPANY BUSINESS

PERMIT

DIRECTOR FOR BUSINESS DEVELOPMENT AND COMPANY REGISTRATION,

Considering : a. whereas according to the result research and

examination the implementation of property trade

intermediary business activity as contained in SIU-P4

Number ……. dated …….. at the name of PT. ….…,

having its domicile at ….…, in fact fails to fulfill the terms

and conditions already stipulated, therefore the relevant

SIU-P4 should be suspended;

b. whereas in this respect, it is necessary to stipulate the

Decision of Director For Business Development And

Company Registration;

In View of : Regulation of Minister of Trade of the Republic of Indonesia

Number ……/M-DAG/PER/…/2008 concerning Property

Trade Intermediary Company;

Taking into

account

: 1. First Written Warning;

2. …………………….

32

DECIDES

To Stipulate :

FIRST : To suspend SIU-P4 Number …..… dated …..… at the name

of PT ……… , located at……...

SECOND : During the suspension of SIU-P4 as referred to in the First

Dictum, the relevant company shall not carry out the property

trade intermediary service business activity as of the

stipulation date of SIU-P4.

THIRD : This Decision shall become effective as of the stipulation

date.


Date :



Copy of this Decision of Director For Business Development and Company

Registration to:

1. Dirjen PDN;

2. Irjen Depdag.

33

Annex VIII Regulation of the Minister of Trade of the Republic of IndonesiaNumber : 33/M-DAG/PER/8/2008Dated : August 21, 2008




DECISION OF

DIRECTOR FOR BUSINESS DEVELOPMENT AND COMPANY REGISTRATION

NUMBER:

CONCERNING

REVOCATION OF PROPERTY TRADE INTERMEDIARY COMPANY BUSINESS

PERMIT

Considering : a. whereas according to the result of research and

examination the implementation of property trade

intermediary business activity as contained in SIU-P4

Number …….. dated ……. at the name of PT. ……,

having its domicile at ………, in fact fails to fulfill the

terms and conditions already stipulated, therefore the

relevant SIU-P4 should be revoked;

b. whereas in this respect, it is necessary to stipulate the

Decision of Director For Business Development And

Company Registration;

In View of :

Taking into

account

: 1. Regulation of Minister of Trade of the Republic of

Indonesia Number …… /M-DAG/PER/…../2008

concerning Property Trade Intermediary Company;

2. …………………….

Taking into

account

: 1.

2. Third Written Warning

3. Decision of Director For Business Development And

34

Company Registration Number ….... regarding

Suspension of SIU-P4;

DECIDES

To Stipulate :

FIRST To revoke SIU-P4 Number … dated … at the name of PT

….…, located at…………….

SECOND : During the revocation of SIU-P4 as referred to in the First

Dictum, the relevant company shall not carry out the property

trade intermediary service business activity.

THIRD : This Decision shall become effective as of the stipulation

date.


Date :



Copy of this Decision of Director For Business Development and Company

Registration to:

1. Dirjen PDN;

2. Irjen Depdag.

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