Professional Documents
Culture Documents
Cultural Conservation 2010
Cultural Conservation 2010
richness
thought
and
having
the
as the materialization
behavior
of
important
historical,
science,
understanding
and
communitys,
therefore,
conserve
the
meaning
and
development
nations
and
it is necessary
and manage
development,
and
human
of
being
for
the
cultural
in
states
the
life,
to appropriately
through
the protection,
utilization
program
to
cultural
conservation,
the
cultural
conservation
protection,
DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on
this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
c. that
the
cultural
conservation
in
form
of
be
regional
managed
by
the
government
by
government
and
enhansing
the
the
change
of
cultural
conservation
academic,
ecology,
and
economic
the
Cultural
Law
Number
Conservation
according
to
the
of
1992
Object
concerning
has
development,
no
longer
demand,
and
in
items
necessary
to
a,
b,
c,
establish
d,
the
and
Law
e,
on
it
is
Cultural
conservation;
Recalling
: Article
Article
20,
33
Article
(3)
of
21,
Article
32
the
Constitution
(1),
and
of
the
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and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
HAS DECIDED:
To Stipulate: LAW ON CULTURAL CONSERVATION.
CHAPTER I GENERAL
PROVISIONS
Article 1
In this Law by:
1.
Cultural
Conservation
cultural
nature
Heritage
in
form
that
of
Cultural
Cultural
Conservation
on
land
should
Site
and/or
be
significant
education,
is
mean
Building,
Structure,
and Cultural
that
preserved
in
Conservation
Conservation
water
the
immaterial
Cultural
Object,
Conservation
shall
Cultural
Conservation
their
since
existence
they
have
and/or
culture
through
object
movable
or
and/or
immovable,
human
in
made
terms
object,
of unit
or
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having
close
relation
to
the
culture
and
Cultural
the
Conservation
built
Building
structure
made
shall
of
the
mean
natural
for
walled
and/or
non
walled,
and
roofed space.
4.
Cultural
the
Conservation
built
object
Structure
arrangement
and/or
human
made
shall
the
made object
mean
natural
to fulfill
and infrastructure
to accommodate
Cultural
Conservation
Site
shall
mean
the
Conservation
Conservation
Cultural
and/or
Cultural
Building,
Conservation
human
Object,
Structure
being activity
as
the
result
or evidence
of
of events
Cultural
Conservation
Area
shall
mean
the
geographical
Conservation
to
showing
and/or
characteristic.
the
typical
spatial
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7.
Ownership
fullest
shall
right
remaining
mean
to
take
the
Cultural
into
strongest
and
Conservation
by
account
the
social
Control
shall
mean
the
provision
of
the
social
function
and
obligation
to preserve it.
9.
Controlled
legal
act
regulation
relating
to
the
ownership
Cultural
and/or
Conservation
control
from
rights
every
person
of
to
of
cash
and/or
not
cash
from
the
assistance
in nature
Conservation
or
other
to encourage
preservation
form
non
the Cultural
from
of
the
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having
provide
the
ranking,
competency
certificate
recommendation
and
on
removal
to
stipulation,
of
Cultural
Conservation.
14. Cultural Conservation Expert shall mean the
people
who
competence
due
to
his
special
expertise
Cultural
Conservation
in the
Protection,
the
and/or
being
overseas
the
geographical
to
as
the
then
put
to
structure,
space
the
unit
Cultural
regency/municipal
or the Indonesian
and
program
building,
proposed
Conservation
government
mean
object,
locations,
for
shall
the
representative
same
in
the
shall
mean
Cultural Conservation
building,
the
space
6
of
structure,
geographical
provision
unit
location,
made
by
or
the
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Regency/municipal
recommendation
government
based
of the Cultural
on
the
Conservation
Expert Team.
18. National
Register
of
Conservation
Cultural
wealth
Conservation
in
in
terms
the
of
home
Cultural
country
and
overseas.
19. Removal
Cultural
shall
mean
the
Conservation
act
to
remove
the
from
the
status
Cultural
Cultural
ranking
Conservation
Conservation
stipulated
by
the
shall
of
the
Minister
mean
national
as
the
national priority.
21. Management shall mean the integrated program
to
protect,
develop,
and
utilize
the
and
maintain
the
Conservation
and
existence
its
value
of
by
Cultural
protecting,
destruction,
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or obliteration
Zoning,
by Salvation,
Maintenance,
and
Safeguarding,
Restoration
of
Cultural conservation.
24. Salvation
shall
mean
and/or
overcome
the
from
the
the
program
Cultural
damage,
avoid
to
Conservation
destruction,
or
obliteration.
25. Safeguarding
maintain
shall
and
mean
the
prevent
program
the
to
Cultural
shall
spatial
boundaries
of
the
of the
Cultural
physical
Cultural
Conservation
Conservation
Structure
materials,
condition
of
the
Object,
damaged
Cultural
according
shape,
to
the
layout,
originality
and/or
of
working
shall
mean
the
increase
in
and promotion
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of
Cultural
Conservation
as
well
as
its
Adaptation
sustainably
contradictory
to
the
and
not
objective
of
Preservation.
30. Research
shall
mean
activities
carried
systematic
norm
information,
out
and
data,
interest
of
Preservation,
the
scientific
according
method
and
to
to
the
obtain
the
remarks
Cultural
in
the
Conservation
science,
and
cultural
development.
31. Revitalization
shall
mean
the
development
of
Cultural
Conservation
with
to
the
principles
of
Cultural
are
more
Conservation
for
appropriate
to
activities
the
current
the
deterioration
of
its
important
shall
mean
the
utilization
of
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maximum
peoples
welfare
by
remaining
shall
mean
duplication
activity
Conservation
Object,
to
the
direct
the
Cultural
Cultural
Conservation
community,
business
entity
with
Government
Republic
government
shall
of
power
mean
the
Indonesia
of
the
referred to
President
having
Republic
of
the
of
the
shall
mean
government
the
affairs
sector.
CHAPTER II
10
10
minister
in
carrying
cultural
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Pancasila;
b.
Unity in Diversity;
c.
archipelago;
d.
justice;
e.
f.
expediency;
g.
sustainability;
h.
participation; and
i.
Cultural
Conservation
Preservation
shall
be
aimed at:
a.
preserving
the national
heritage
and human
being heritage;
b.
improving
the
nation
dignity
through
the
Cultural Conservation;
c.
d.
e.
11
11
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cover
the
Protection,
Preservation
Development
and
CHAPTER III
CRITERIA OF CULTURAL CONSERVATION
Part One
Object, Building, and Structure
Article 5
The
Object,
proposed
Cultural
as
building,
the
Cultural
Conservation
Conservation
or
structure
structure
Conservation
Building,
if
or
can
be
Object,
Cultural
fulfilling
the
following criteria:
a.
b.
c.
d.
12
12
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a.
the
remnants
correlated
to
the
of
biota
human
that
being
can
be
activities
c.
b.
free
standing
or
united
to
the
natural
formation.
Article 8
Cultural Conservation Structure may:
a.
b.
The
location
can
be
13
13
stipulated
as
Cultural
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a.
containing
Cultural
Cultural
Conservation
Object,
Building,
and/or
Conservation
containing
(two)
Conservation
Cultural
formation
of
human
being
at
age
of
at
having
function
pattern
indicating
in the previous
the
space
era at age of at
process
of
large-scale space;
e.
indicating
the
evidence
of
formation
of
having
evidence
buried
soil
of human
deposit.
14
14
layer
being
containing
activity
the
or fossil
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Article 11
The
object,
geographical
research
building,
space
having
structure,
unit
that
special
location,
based
meaning
on
for
or
the
the
CHAPTER IV OWNERSHIP
AND CONTROL
Article 12
(1) Anyone may have and/or control the Cultural
Conservation
Building,
and/or
remaining
Object,
Cultural
Cultural
take
Cultural
Conservation
Conservation
Structure,
conservation
into
account
Site
its
by
social
the
Cultural
Cultural
Conservation
Object,
Building,
Cultural
and/or
Cultural
Conservation
Conservation
Structure,
15
15
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and
as referred
(2)
inheritance,
purchase,
can
to in paragraphs
be
obtained
donating,
through
exchange,
gift,
owner
Cultural
of
Cultural
Conservation
Conservation
Conservation
Structure,
Conservation
Site having
Object,
Building,
Cultural
and/or
Cultural
no heirs
or fails
will,
grant,
or
gift
after
he
passes
State
according
to
the
provisions
of
legislation.
Article 13
The Cultural Conservation Area can only be owned
and/or
owned
controlled
on
by
hereditary
the
State,
basis
by
except
the
those
indigenous
people.
Article 14
(1) The
foreigner
cannot
have
and/or
Conservation,
foreign
and/or
legal
16
16
except
entity
foreign
control
for
legal
the
foreigner
living
and
entity
Cultural
and/or
staying
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Cultural
partly,
Conservation,
exit
from
the
entirely
territory
of
or
the
Republic of Indonesia.
Article 15
The Cultural Conservation of which the ownership
is unknown shall be controlled by the state.
Article 16
(1) The ownership of Cultural Conservation owned
by
every
person
can
be
transferred
to
the
to in paragraph
(1)
be
prioritized
for
the
transfer
of
(1)
can
be
made
by
inheritance,
Conservation
already
owned
by
provisions
of
17
17
on
Cultural
the
transfer
of
Conservation
as
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be
stipulated
in
the
Government
Regulation.
Article 17
(1) Anyone
shall
not transfer
the ownership
of
ranking,
ranking,
entirely
consent
of
the
or
regency/municipal
or partly,
Minister,
except
at the
Governor,
or
provisions
referred
to
in
on
issue
paragraph
of
permit
as
shall
be
(1)
movable
Cultural
Cultural
Conservation
Conservation
Object,
Building,
and/or
can
Regional
be
stored
Government,
and/or
cared
and/or
in
the
museum.
(2) Museum as referred to in paragraph (1) shall
constitute the institutions with function to
protect, develop, utilize the collection
in
18
18
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or
not,
and
communicate
the
same
to
the
public.
(3) The Protection,
Development
(2)
and Utilization
as referred to in
shall
be
under
the
to
in
of responsibility
paragraph
(3),
the
as
museum
provisions
on
museums
shall
be
person
Cultural
having
and/or
Conservation,
maximum
days as of identification
or destruction
controlling
30
the
(thirty)
of damage,
loss,
failing
to
report
Cultural
Conservation
controlled
to
the
the
damage
owned
competent
to
and/or
agency
in
relevant
30
agencies
(thirty)
19
19
within
days
as
not
later
of
its
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identification
over
of
may
its
be
subjected
management
by
the
to
taking
Government
returning
of
Cultural
Conservation
from
according
to
the
ratified
directly
by the owner,
otherwise
as
as
long
not
unless
contradictory
agreed
to
the
is
prohibited
to
destroy
or
sell
by
structure,
location,
or
Cultural
building,
Conservation
structure,
or
location,
object,
or
sequestrated
as referred to in
20
20
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(3) In carrying
to
in
paragraph
solicit
for
(2),
the
law
assistance
as referred
enforcer
to
the
may
agency
person
Cultural
the
having
Conservation
compensation
obligation
if
to
and/or
controlling
shall
be
already
protect
entitled
performed
the
the
to
his
Cultural
Conservation.
(2) The Incentives in terms of land and building
tax
and/or
granted
by
Government
income
the
to
Conservation
Conservation
tax
Government
the
who
deduction
owner
already
protection
made
can
be
or
Regional
of
Cultural
the
Cultural
according
to
the
provisions
on
provision
of
CHAPTER V DISCOVERY
AND SEARCH
21
21
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Part One
Discovery
Article 23
(1) Anyone
discovered
Cultural
the
object
Conservation
presumed
of Cultural
structure
presumed
Structure,
presumed
Object,
building
Conservation
of Cultural
and/or
location
Cultural Conservation
of
Building,
Conservation
presumed
of
National
within
Police,
and/or
relevant
to
subjected
report
by
to taking
the
over
inventor
may
be
by the Government
on
paragraph
the
report
as
referred
competent
to
in
in the
shall
compensation
be
if
22
22
entitled
the
to
object,
obtain
the
building,
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structure,
or
location
he
found
is
the
invention
Cultural
Conservation
paragraph
unique
already
(1)
is
design,
Indonesia,
it
as
stipulated
referred
extremely
and
few
shall
be
rare
in
to
as
in
species,
number
controlled
in
by
the
stipulated
as
State.
(3) If
the
invention
Cultural
already
Conservation
as
referred
to
in
and
the
states
need,
number
it
can
has
be
fulfilled
owned
by
the
the
inventor.
Article 25
Further
provisions
Conservation
and
on
its
discovery
of
compensation
Cultural
shall
be
object,
building,
23
23
structure,
and/or
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location
presumed
of
as
Cultural
Conservation.
(2) The
searching
those
of
presumed
Cultural
of
as
or
Conservation
Cultural
Conservation
and
(2)
can
only
be
done
the
through
Conservation
or
those
presumed
of
removal
as
on
the
referred
land
to
in
and/or
in
paragraph
the
(2),
Government
according
to
or
their
authorities.
(5) Further
referred
provisions
to
in
on
issue
paragraph
of
permit
as
(4)
shall
be
or
those
24
24
presumed
of
as
Cultural
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Conservation
shall
be
stipulated
in
the
Government Regulation.
CHAPTER VI
REGISTER OF NATIONAL CULTURAL CONSERVATION
Part One
Registration
Article 28
The
into
Regency/municipal
cooperation
with
Government
every
shall
person
in
enter
making
registration.
Article 29
(1) Every
person
having
and/or
Cultural
Conservation
same
the
to
controlling
shall
register
Regency/municipal
the
the
Governments
free of charge.
(2) Anyone
may
take
part
in
making
the
location
Conservation
presumed
although
it
of
is
as
not
Cultural
under
his
ownership or control.
(3) The Regency/municipal
the
registration
Conservation
Government
of
controlled
25
25
the
by
the
shall make
Cultural
State
or
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
those
whose
owner
is
unknown
according
to
registration
overseas
of
shall
Cultural
be
Conservation
carried
out
by
registration
paragraphs
result
as
referred
to
in
equipped
with
its
description
and
documentation.
(6) Cultural
Conservation
as
referred
to
in
can
be
taken
over
by
the Government
government
establishment
Cultural
shall
facilitate
the
Conservation
Registration
system
and
shall
be
network.
Part Two
Study
Article 31
(1) The
result
delivered
of
to
26
26
the
registration
Cultural
Conservation
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Expert
Team
Cultural
for
feasibility
Conservation
or
study
not
as
Cultural
Conservation.
(2) The study as referred
classification
structure,
of
location,
unit proposed
(1)
to in paragraph
identification
object,
building,
and geographical
to be stipulated
space
as Cultural
Conservation.
(3) Cultural
Conservation
referred
to
in
Expert
paragraph
Team
as
shall
be
(1)
stipulated by:
a.
The
Decree
of
Minister
for
national
level;
b.
Decision
of
Governor
for
provincial
level, and
c.
Decision
of
for
Regent/Mayor
Regency/municipal level.
(4) In
carrying
out
the
study,
the
Cultural
technical
regional
unit
or
instrument
work
be
unit
of
responsible
the
for
the
building,
study
structure,
result of invention
27
27
process,
or
the
location
object,
as
the
or registered shall be
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
protected
and
treated
as
Cultural
Conservation.
Article 32
The study on museum collection registered shall
be made by the Curator and then submitted to the
Cultural Conservation Expert Team.
Part Three
Stipulation
Article 33
(1) The Regent/mayor shall issue the stipulation
of
Cultural
later
than
Conservation
30
status
(thirty)
days
within
not
after
the
receipt of recommendation
Conservation
stating
object,
expert
building,
team
structure,
that
the
location,
being
registered
in
the
Register
of
Conservation
shall
be
entitled
to
28
28
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
b.
(3) The
inventor
structure
of
already
Conservation
Building,
object,
stipulated
Object,
and/or
Structure
shall
building,
as
Cultural
Cultural
Conservation
Cultural
be
and/or
Conservation
entitled
to
obtain
compensation.
Article 34
(1) The
Cultural
Conservation
Conservation
Area
Site
located
or
in
Cultural
2
(two)
Cultural
Conservation
Conservation
Area
provinces
more
or
Site
located
shall
or
in
be
Cultural
2
(two)
stipulated
as
Regency/municipal
the
result
of
governments
stipulation
to
shall
the
submit
provincial
object,
geographical
building,
structure,
29
29
location,
special
or
meaning
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
for
the
community
or
the
Indonesian
nation
as
Decision
by
recommendation
Governor
from
after
the
obtaining
Cultural
the
Conservation
Conservation
Register
system
to
object,
and
building,
geographical
structure,
space
location,
unit
already
in
the
Register
of
National
Cultural Conservation.
Article 38
The Museum
Cultural
collection
fulfills
Conservation
shall
the criteria
be recorded
as
in the
Government
out
the
and
Regional
active
30
30
program
Government
to
record
shall
and
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
disseminate
the
information
on
Cultural
of data considered
of the Register
of National
and
overseas
shall
become
the
Ministers responsibility.
(2) The management
of the Register
of National
become
the
responsibility
of
the
Government
shall
carry
out
the
Cultural
Conservation
managed
by
provincial
government
shall
carry
out
Part Five
Rating
31
31
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 41
The Government and Regional Government may carry
out the rating of Cultural Conservation based on
its
interest
provincial
ranking
to
become
ranking,
based
on
the
national
and
the
ranking,
regency/municipal
recommendation
of
the
Conservation
the
Cultural
may be stipulated
Conservation
of
to
national
materialization
of
nation
unity
and
integrity;
b.
valuable
work
reflecting
the
Indonesian
design,
and
few
in
number
in
Indonesia;
d.
and
exchange,
both
cross
those
regions
already
cultural
extinct
and
important
examples
of
the
traditional
32
32
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
typical
space
utilization
that
are
endangered.
Article 43
Cultural
become
Conservation
the
provincial
can
Cultural
ranking
be
stipulated
Conservation
if
fulfilling
the
interest
of
the
to
the
following
requirements:
a.
representing
regency/municipals
cross
of
Conservation
Cultural
preservation;
b.
representing
the
special
creative
work
in
few
in
rare
species,
unique
design,
and
evolution
of
as
evidence
civilization
of
and
cross
nation
regency/municipals
associated
to
the
tradition
that
is
still
ongoing.
Article 44
The Cultural
become
the
conservation
Cultural
regency/municipal
conservation
ranking
following requirements:
33
33
can be stipulated
if
to
of
the
fulfilling
the
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a.
b.
c.
d.
e.
limited in number.
Article 45
41
stipulated
for
by
national
the
level
Decree
of
shall
Minister,
be
the
level
by the decision
of
the Regent/Mayor.
Article 46
Cultural
already
Conservation
stipulated
Conservation
of
as
national
the
rankings
National
may be proposed
Cultural
by the Government
of Cultural
requirements
ranking,
Conservation
for
no longer
stipulation
provincial
as
the
ranking,
or
34
34
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
on
the
recommendation
of
the
Cultural
destroyed;
b.
c.
d.
no
longer
in
accordance
with
the
provisions
shall
be
on
Conservation
Cultural
regulated
in
the
Government
Regulation.
Part Six
Removal
Article 50
(1) The
Cultural
Conservation
already
recorded
the
Decree
recommendation
of
Minister
based
of the Cultural
the
Conservation
35
35
on
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
be
followed
up
by
the
Regional
government.
Article 51
(1) Removal
the
of
the
Cultural
Register
Conservation
shall
as
of
Conservation
National
referred
to
Cultural
in
from
Article
50
Conservation
is:
a.
destroyed;
b.
c.
experienced
change
of
form
and
style
(2) The
removal
referred
of
Cultural
to in paragraph
Conservation
as
Cultural
Conservation
and
the
accompanying documents.
(3) In
case
the
lost
Cultural
Conservation
as
the
Cultural
36
36
Conservation
shall
be
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
re-recorded
in
the
Register
of
National
Cultural Conservation.
Article 52
Further
provisions
on the Register
of National
CHAPTER VII
PRESERVATION
Part One
General
Article 53
(1) The Cultural Conservation Preservation shall
be
made
result
based
that
is
on
the
feasibility
accountable
study
academically,
Cultural
Conservation
Preservation
the
Preservation
Expert
by
taking
into
Procedure
Preservation
possibility
of
shall
Cultural
take
into
Conservation
account
the
37
37
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
authenticity.
Article 54
Anyone shall be entitled to obtain the technical
support and/or expertise from the Government or
Regional Government for the preservation program
of
Cultural
Conservation
it
has
and/or
controlled.
Article 55
No one shall intentionally prevent, inhibit, or
thwart
the
Cultural
Conservation
Preservation
program.
Part Two
Protection
Article 56
Anyone
may
take
part
in
carrying
38
38
out
the
DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on
this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Anyone
shall
Salvation
be
of
controlled
entitled
Cultural
in
to
carry
out
Conservation
emergency
the
owned
condition
or
or
that
prevent
being
the
the
damage
and/or
change
due
natural
of
to
the
rendering
factors
its
human
authenticity
and
values; and
b.
prevent
the
ownership
removal
and/or
Conservation
and
transfer
control
of
of
Cultural
contradictory
to
the
shall
be
made
in
emergency
and
unusual conditions.
Article 59
(1) The
Cultural
damaged,
Conservation
destroyed,
or
to
be
can
be
Conservation
as
threatened
demolished
removal
referred
to
of
Cultural
in
paragraph
(1)
shall
be
39
39
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Government,
Regional
Government,
or
from
shall be regulated
in the Government
Regulation.
Paragraph 2
Safeguarding
Article 61
(1) The
safeguarding
maintain
shall
and
Conservation
be
prevent
carried
the
out
to
Cultural
demolish.
(2) The Cultural conservation Safeguarding shall
constitute
the
obligation
of
its
owner
and/or controller.
Article 62
(1) The
Cultural
referred
to
Conservation
in
Article
61
Safeguarding
as
can
by
be
made
40
40
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
carry
out
patrol
in
Cultural
the
the
development
and
utilization
of
Cultural Conservation;
c.
receive
and
occurrence
of
prepare
crime
the
report
relating
to
on
the
same
to
the
agency
competent
in
Cultural
referred
into
to
in
account
education,
Conservation
Articles
its
science
61
Safeguarding
and
utilization
development,
41
41
62
shall
for
as
take
social,
religion,
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Article 65
Cultural
by
Conservation
providing
placing
the
them
Safeguarding
protection,
can
keeping,
be
made
and/or
and
human disturbances.
Article 66
(1) No
one
shall
Cultural
from
be
allowed
Conservation,
its
unity,
to
damage
entirely
group,
and/or
or
the
partly,
location
of
origin.
(2) No
one
shall
Cultural
from
be
allowed
Conservation,
its
unity,
to
steal
entirely
group,
and/or
or
the
partly,
location
of
origin.
Article 67
(1) No
one
shall
Cultural
be
allowed
Conservation
provincial
ranking,
ranking,
entirely
consent
of
the
of
or
to
remove
national
the
ranking,
regency/municipal
or partly,
Minister,
except
at the
governor,
or
one
shall
Cultural
provincial
be
allowed
Conservation
ranking,
42
42
to
separate
the
of
national
ranking,
or
regency/municipal
DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on
this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
ranking,
entirely
consent
of
the
or
partly,
Minister,
except
at
governor,
or
provisions
on
issue
of
permit
as
Conservation,
entirely
or
partly,
of Indonesia
research,
cultural
in the interests
promotion,
and/or
exhibition.
(2) No
one
Cultural
shall
be
allowed
Conservation
paragraph
(1),
except
as
at
to
bring
referred
consent
to
of
the
in
the
Minister.
Article 69
(1) Cultural
Conservation,
entirely
or
partly,
area
cultural
in
the
interest
promotion,
of
and/or
exhibition.
(2) No
one
Cultural
paragraph
shall
be
allowed
Conservation
(1),
43
43
except
to
bring
as
referred
at
consent
to
of
the
in
the
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
provisions
referred
to
in
on
issue
Articles
68
of
and
permit
69
shall
as
be
provisions
Safeguarding
on
shall
Cultural
be
Conservation
regulated
in
the
Government Regulation.
Paragraph 3
Zoning
Article 72
(1) Cultural
Conservation
Protection
shall
be
The
Minister
national
if
already
Cultural
stipulated
Conservation
as
or
The
governor
provincial
44
44
if
already
Cultural
stipulated
Conservation
as
or
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
covering
(two)
regency/municipals
or
more; or
c.
of
the
Cultural
Cultural
Conservation
Conservation
Area
Site
in
the
regency/municipal area.
(3) The
zone
utilization
Conservation
education,
can
be
made
appreciative,
in
Cultural
for
recreation,
and/or
religion
shall regulate
the space
purposes.
Article 73
(1) The Zoning
function
System
in
the
Cultural
Conservation,
vertically or horizontally.
(2) Zoning Regulation
made
to
the
environment
on
the
Cultural
Zoning
System
as
referred
to
in
core zone;
b.
buffer zone;
c.
d.
supporting zone.
(4) The
determination
of
area,
layout,
45
45
and
based
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
provisions
on
the
procedure
of
shall
maintain
the
Cultural
Cultural
Conservation
abandoned
by
the
Cultural
overcome
the
consequence
of
Conservation
same
from
natural
to
prevent
damage
and/or
as
human
and
the
action
influence.
(2) The maintenance of Cultural Conservation as
referred
performed
to
at
46
46
in
the
paragraph
original
(1)
can
be
location
or
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
elsewhere,
after
firstly
completing
the
documentation.
(3) The maintenance as referred to in paragraph
(1) shall be made by cleaning, preservation,
and repair of damage by taking into account
the
authenticity
material,
of
and/or
form,
layout,
technology
of
style,
Cultural
Conservation.
(4) The maintenance
of Cultural Conservation
referred
to
from
water
shall
be
process
until
its storage
the
lifting
in
paragraph
(3)
made
as
originating
started
from
place by
or
carry
and Regional
place
out
the
the
Government
maintenance
maintenance
of
may
personnel
Cultural
Conservation.
(6) Further
provisions
on
Cultural Conservation
the
Maintenance
of
shall be regulated in
restoration
Conservation
of
the
Building
47
47
damaged
Cultural
and
Cultural
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Conservation
Structure
shall
be
made
to
and/or
preserving
reconstruction,
it through
consolidation,
of Cultural Conservation
as
b.
c.
d.
the
competency
of
executive
in
restoration sector.
(3) The restoration
public
security
and
the
safety
of
Cultural Conservation.
(4) The
restoration
negative
impact
potentially
on
environments
shall
environmental
impact
rendering
social
be
and
with
according
48
48
physical
preceded
analysis
the
to
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(5) The
restoration
of
Cultural
Conservation
obtain
Regional
permit
of
Government
the
Government
according
to
or
their
authorities.
(6) Further
provisions
on
Cultural Conservation
restoration
of
shall be regulated in
development
of
Cultural
Conservation
utilization,
safety,
maintenance,
may
carry
out
the
Cultural
permit
of
the
Government
or
Regional
Government, and
b.
49
49
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
(3) The
Cultural
Conservation
Development
as
which
the
Maintenance
results
of
are
Cultural
used
for
the
Conservation
and
Cultural
activity
shall
Conservation
be
furnished
Building
with
its
in
every
supporting document.
Paragraph 2
Research
Article 79
(1) Research
Cultural
shall
be
carried
Conservation
out
development
plan
to
the
basic
research
for
the
science
development; and
b. applied
research
development
purpose.
50
50
or
for
applicative
technology
practical
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
be
performed
environmental
as
part
impact
of
the
analysis
or
independently.
(4) The
process
Conservation
and
result
of
Cultural
Research
as
referred
to
in
and
promotion
of
Cultural
Conservation.
(5) The Government
the organizer
publicize
and Regional
of research
the
research
Government,
or
shall inform
and
finding
the
to
community.
Paragraph 3
Revitalization
Article 80
(1) Revitalization
of
potential
Conservation
Site
or
Area
take
into
shall
Cultural
Cultural
Conservation
account
the
space
cultural
landscape
based
on
the
study.
(2) Revitalization
as referred
to in paragraph
51
51
the space
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
of
and/or
Cultural
Cultural
national
ranking,
regency/municipal
partly,
except
Conservation
Conservation
provincial
ranking,
at consent
Site
Area
of
ranking,
entirely
or
or
of the Minister,
provisions
to
in
on
issue
paragraph
of
permit
as
shall
be
(1)
Cultural
Conservation
Revitalization
shall
quality
and
maintain
the
local
cultural
characteristics.
Paragraph 4
Adaptation
Article 83
(1) The
Cultural
Cultural
Conservation
Conservation
52
52
Building
Structure
can
or
be
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subjected
to
adaptation
to
fulfill
the
original
the
characteristic
Cultural
and/or
Conservation
face
of
Building
or
The
original
cultural
of
the
Cultural
characteristics
landscape
Cultural
and/or
land
Conservation
Conservation
Area
of
the
surface
Site
before
or
the
adaptation.
as referred to in paragraph
maintaining
the values
attached
to the
Cultural Conservation;
b.
c.
changing
the
space
order
on
limited
architectural
style,
basis and/or
d.
maintaining
the
original construction,
and environmental
provisions
on
Cultural
Conservation
53
53
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Part Four
Utilization
Article 85
(1) The
Government,
Regional
Government,
and
the
interest
of
religion,
social,
the utilization
and promotion of
of
Preservation
Expert,
financial
as
referred
to
in
paragraph
(2)
preceded
with
the
study,
54
54
research,
and/or
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(1) Cultural
Conservation
invention
has
original
can
no
be
that
longer
upon
function
utilized
its
as
for
its
special
interest.
(2) The Utilization of Cultural Conservation as
referred
to in paragraph
according
to
the
Cultural
utilization
already
Site
of
stipulated
shall
take
invention
as Cultural
into
location
Conservation
account
its
space
Government
and/or
cease
utilization
permit
the
of Cultural
Regional
or
Conservation
Government
cancel
the
utilization
damage
or
causing
damage
to
Cultural Conservation.
(3) The
Cultural
Conservation
no
longer
uses
55
55
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(4) The
cost
condition
for
returning
shall
be
to
its
imposed
original
upon
those
Utilization
by
duplicating
the
Cultural
ranking,
only
be
governor,
or
made
regency/municipal
at consent
Regent/mayor
of
the
according
ranking
Minister,
to
their
levels.
Article 90
The
Utilization
Conservation
anyone
by
Object
or
duplicating
owned
controlled
by
and/or
the
the
Cultural
controlled
state
shall
by
be
of the
legislation.
Article 91
The
utilization
Cultural
made
for
of
collection
Conservation
maximum
in
the
development
in
museum
of
terms
shall
of
be
education,
56
56
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
purposes
without
consent
of
the
owner
and/or
controller.
Article 93
(1) No
one
shall
Cultural
be
allowed
Conservation
provincial
ranking,
of
to
utilize
national
or
the
ranking,
regency/municipal
provisions
to
in
on
issue
paragraph
of
permit
as
(1)
shall
be
provisions
on
the
utilization
of
57
57
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(1) The
Government
shall
have
and/or
task
to
Regional
Protect,
Government
Develop
and
Government
according
to
and
their
Government
Regional
levels
shall
have
the
tasks:
a.
communitys
rights
and
for
obligations
develop
and
apply
the
policy
that
may
carry
out
research
and
development
of
Cultural Conservation;
d.
provide
the
information
on
Cultural
carry
out
the
Cultural
Conservation
promotion;
f.
facilitate
Cultural
anyone
in
implementing
the
Conservation
utilization
and
promotion;
g.
condition
building,
structure,
site,
declared
as
already
58
58
for
the
object,
and
area
Cultural
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carry
and
out
the
supervision,
evaluation
of
monitoring,
cultural
heritage
preservation, and
i.
allocate
the
fund
for
Cultural
Government
according
to
and
their
Government
Regional
levels
shall
have
the
authority to:
a.
establish
the
Cultural
Conservation
preservation ethic;
b.
coordinate
the
cross
sector
and
area
d.
stipulate
the
Cultural
and
revoke
Conservation
ranking;
e.
stipulate
the
Cultural
on
Cultural
Conservation status;
f.
prepare
the
regulation
Conservation management;
59
59
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
g.
enter
into
cooperation
on
Cultural
Conservation preservation;
h.
carry
out
the
investigation
of
illegal
act;
i.
j.
establish
and
dissolve
the
technical
l.
provide
award
committing
to
the
already
anyone
Cultural
Conservation
Preservation;
m. remove
and/or
Conservation
store
in
Cultural
the
the
interest
of
safeguarding;
n. make
the
grouping
Conservation
national
by
its
ranking,
of
Cultural
importance
provincial
to
the
ranking,
establish
the
site
and
area
boundary;
and
p. stop
the
space
development
process
utilization
that
may
lead
or
to
60
60
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(2) Besides
the
paragraph
authority
(1),
the
as
referred
Government
to
in
shall
be
authorized to:
a.
prepare
and
establish
Cultural
the
perform
the
Cultural
Conservation
stipulate
Object,
the
Cultural
Cultural
Cultural
Conservation
Conservation
Conservation
Cultural
Conservation
Cultural
Conservation
Building,
Structure,
Site,
Area
and/or
as
the
the
Conservation
National
as
the
Cultural
world
or
criteria
of
Cultural
Conservation
Preservation.
Article 97
(1) The Government and Regional Government shall
facilitate
the
management.
61
61
Cultural
Conservation
Area
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(2) The
area
management
as
referred
to
in
interest
toward
the
Cultural
Cultural
conservation
referred
to
in
carried
out
established
paragraph
by
by
the
the
Management
as
(1)
be
shall
managing
Government,
board
Regional
Management
Board
as
referred
to
in
and/or
Regional
Government,
provisions
Conservation
on
management
the
shall
be
Cultural
regulated
CHAPTER IX
FUNDING
Article 98
(1) The
Funding
Preservation
of
Cultural
shall
responsibility
of
the
become
Government,
62
62
Conservation
joint
Regional
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
State Budget;
b.
Regional Budget;
c.
d.
the
budget
for
the
Development,
Utilization,
and
of
conservation
by
Cultural
Protection,
Compensation
taking
into
Cultural
condition
the reserve
Conservation
and
discovery
fund to salvage
in
the
already
as Cultural Conservation.
63
63
emergency
stipulated
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
responsible
for
the
Cultural Conservation
supervision
Preservation
of
the
according
to their authorities.
(2) The
Community
supervision
shall
of
the
take
part
Cultural
in
the
Conservation
Preservation.
(3) Further provisions on the supervision
shall
Civil
constitute
Servant
the
civil
Cultural
shall
Investigator
servant
official
with
and responsibilities
Conservation
in
preservation
investigation
Criminal
Law
as
of
referred
Procedure
to
in
against
the
the
receive
anyone
the
about
report
the
complaint
existence
Conservation crime;
64
64
or
of
from
Cultural
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
b.
c.
d.
e.
f.
g.
summon
and
examine
the
suspect
and/or
witnesses;
h.
i.
j.
evidence
if there is no
on
crime
in
Cultural Conservation.
(3) The Investigator as referred to in paragraph
(1) in performing
the
and
coordination
supervision
of
the
CHAPTER XI PENAL
PROVISIONS
Article 101
Anyone without permit transferring the ownership
of
Cultural
Conservation
65
65
as
referred
to
in
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
of
imprisonment
for
minimum
(three)
rupiah)
1,500,000,000.00
and
maximum
Rp
(one
intentionally
failing
to
report
the
subjected
to
sanction
imprisonment
for maximum
penalty
maximum
of
Rp
in
5 (five)
terms
of
years
and/or
500,000,000.00
(five
or
Regional
of
Government
carrying
out
searching
minimum
fifty
Rp
150,000,000.00
million
rupiah)
(one
and
hundred
maximum
66
66
and
Rp
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Anyone
intentionally
preventing,
inhibiting,
or
as referred
subjected
for
to sanction
maximum
minimum
to in Article
55 shall be
in terms of imprisonment
(five)
10,000,000.00
years
(ten
maximum Rp 500,000,000.00
and/or
million
penalty
rupiah)
of
and
rupiah).
Article 105
Anyone
intentionally
Conservation
as
damaging
referred
to
the
in
Cultural
Article
66
and
maximum
5.000,000,000.00
(five
billion rupiah).
Article 106
(1) Anyone stealing the Cultural Conservation as
referred
to
subjected
in
Article
to
sanction
66
(2)
in
shall
terms
be
of
10
(ten)
minimum
Rp
250,000,000.00
fifty
million
67
67
years
rupiah)
and/or
(two
and
penalty
hundred
maximum
of
and
Rp
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
2,500,000,000.00
(two
billion
five
hundred
million rupiah).
(2) Anyone catching the theft result of Cultural
Conservation as referred to in paragraph (1)
shall be subjected
to sanction in terms of
Rp
rupiah)
and
1,000,000,000.00
maximum
(one
billion
10,000,000,000.00
(ten
billion rupiah).
Article 107
Anyone
who
without
permit
of
the
Minister,
be
as
referred
subjected
imprisonment
for
to
to
in Article
sanction
minimum
in
(three)
67
(1)
terms
of
months
and
100,000,000.00
and
maximum
Rp
(one
hundred
million
1.000,000,000.00
(one
rupiah)
billion
rupiah).
Article 108
Anyone with permit of the Minister, governor or
Regent/mayor,
Conservation
shall
be
separating
as
referred
subjected
68
68
to
to
the
Cultural
in Article
sanction
in
67
terms
(2)
of
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imprisonment
penalty
for maximum
of
hundred
minimum
million
10 (ten)
Rp
100,000,000.00
rupiah)
2,500,000,000.00
(two
years and/or
and
billion
maximum
five
(one
Rp
hundred
million rupiah).
Article 109
(1) Anyone
who without
carrying
out
the
Conservation
of
sanction
in
terms
of
imprisonment
for
and/or
penalty
200,000,000.00
of
(two hundred
minimum
million
Rp
rupiah)
or
Conservation
as
Regency/municipal
referred
to
in
Cultural
Article
69
and/or
(one
penalty
million
of minimum
rupiah)
and
1,000,000,
maximum
Rp
69
69
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 110
Anyone
who
governor,
without
or
permit
Regent/mayor
function
of
Cultural
Cultural
Conservation
Article 81 paragraph
of
the
changing
Conservation
Area
as
Minister,
the
Site
referred
space
and/or
to
in
to
years
and/or
100,000,000.00
penalty
of
minimum
Rp
who
without
permit
of
the
owner
and/or
(five)
years
and/or
penalty
of
maximum
Rp
by
duplication
as
referred
to
in
penalty
of
maximum
70
70
Rp
500,000,000.00
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 113
(1) The criminal
entity
with
act committed
by the business
legal
and/or
entity
business
b.
people
issuing
order
to
commit
the
criminal act.
(2) The criminal
entity
with
entity
by the business
legal
and/or
without
subjected
as
entity
legal
to
imprisonment
penalty
act committed
entity
sanction
plus
1/3
referred
in
business
shall
terms
(one
third)
in
Article
to
of
101
be
of
the
to
Article 112.
(3) The
criminal
issuing
act
order
to
committed
commit
shall be subjected
imprisonment
penalty
as
plus
by
the
the
people
criminal
act
to sanction in terms of
1/3
referred
(one
third)
in
Article
to
of
101
the
to
Article 112.
Article 114
If the official who due to committing
act
breaches
the
special
obligation
criminal
of
his
71
71
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
power,
opportunity,
or
facilities
provided
to
Preservation,
his
sanction
may
be
101 to Article
114 shall be
according to
(2) Besides
to
in
with
the
additional
paragraph
legal
without
entity
legal
additional
(1),
penalty
referred
the
business
entity
and/or
business
entity
entity
shall
criminal
act
be subjected
in
CHAPTER XII
TRANSITIONAL PROVISIONS
Article 116
72
72
as
form
to
of
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
The
Cultural
having
Conservation
permit
shall
Management
adjust
already
to the requirements
CHAPTER XIII
CLOSING PROVISIONS
Article 117
The
implementing
been
stipulated
regulation
within
not
hereof
later
shall
than
have
1 (one)
Number
Conservation
Republic
of
of
1992
Object
concerning
(Official
Indonesia
of
Gazette
1992
Cultural
of
Number
the
27,
as
long
as
not
contradictory
to
the
provisions hereof.
Article 119
Upon the effectiveness
1992
concerning
(Official
Cultural
Conservation
Object
73
73
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Law
shall
become
effective
as
of
the
promulgation date.
For
public
cognizance,
it
is
instructed
to
74
74
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ELUCIDATION TO
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 11 OF 2010
CONCERNING
CULTURAL CONSERVATION
I.
GENERAL
Article
32
(1)
of
the
Constitution
of
the
Republic
of
Indonesian
civilization
by
maintaining
and
national
culture
securing
the
developing
in
the
international
communitys
their
freedom
cultural
in
values
culture
having
the
noble
values
shall
be
life
quality,
strengthen
the
national
identity
and
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
peoples
results
of
present,
prosperity.
the
and
Indonesian
in
the
In this respect,
nation,
future
both
should
in
be
all work
the
past,
utilized
as
and
Intangible
Cultural
Heritage
having
the
regulation
of
this
Cultural
Conservation.
important
values
aesthetics,
for
Law
emphasizes
However,
it
human
being,
the
science,
the
also
such
ethnology,
tangible
covers
as
and
the
history,
uniqueness
all
longer
cultural
conservations
function
in
its
when
supporting
discovered
has
community
(living
no
clear
Conservation
living
regulation
with
monument
Conservation
utilization
characteristic
is
from
on
required.
physical
To
as
of
dead
maintain
development
Cultural
monument
the
threat,
and
Cultural
both
in
strict
policy
from
the
Government
is
required
to
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When it is found,
was
not
functioning
monument).
in
However,
conservation
(living
in general,
that
monument).
utilization
of
the
there
is
types
also
functioning
Therefore,
conservation
communitys
is
still
both
the cultural
the
of
life
the
as
clear
Cultural
(dead
cultural
its
original
regulation
on
Conservation
is
need.
utilization
account
In
of
the
addition,
living
the
monument
traditional
law
regulation
shall
rules
also
and
on
the
take
into
social
norm
Conservation
brittle,
unique,
characteristics.
as
the
rare,
To
cultural
limited,
maintain
the
resources
and
not
Cultural
has
renewable
Conservation
both in urban,
required
to
secure
its
existence.
Therefore,
the
and
utilize
the
same.
It
means
that
the
the
academic,
ideological,
and
economical
interests.
The Cultural Conservation Preservation in the future shall
adjust to the new paradigm oriented the area management,
communitys
participation,
governance
3
decentralization,
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merely
Conservation
regulate
Object,
the
but
preservation
also
the
other
of
Cultural
many
aspects
such
as
building
and
structure,
site
and
area,
as
Cultural
Conservation
understanding
as
the
also
protection
contains
of
the
cultural
basic
result
in managing
planning,
system
implementation,
relating
utilization
of
the Cultural
to
the
Cultural
and
Conservation,
evaluation
protection,
Conservation
the
managerial
development,
as
the
and
cultural
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By Pancasila
Conservation
principle
shall
Preservation
shall
be
carried
out
Conservation
into
account
religion,
principle
Preservation
the
ethnicity
diversity
and
class,
shall
in
always
population,
special
condition
principle
Conservation
into
account
shall
preservation
the
program
interests
of
shall
entire
Indonesian territories.
Item d
By
justice
Conservation
of
justice
principle
shall
Preservation
and
equality
mean
the
Cultural
to
every
Indonesian citizen.
Item e
By
orderliness
and
legal
certainty
principle
Preservation
the
community
through
certainty.
5
the
guarantee
of
legal
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Item f
By utilization principle shall mean the Cultural
Conservation
preservation
utilized
in the interest
in
religious,
the
shall
be
able
to
of the peoples
social,
education,
be
welfare
science,
sustainability
principle
shall
mean
the
continuously
by
taking
into
account
the
participation
community
take
member
part
principle
shall
shall be encouraged
in
the
Cultural
mean
every
to actively
Conservation
Preservation.
Item i
By
transparency
and
accountability
principles
be
accountable
to
the
community
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style
period
shall
mean
the
characteristic
(fifty)
language
Bank
years,
usage,
Indonesia
among
others
writing,
essay,
for example,
having
the
first
remains
of
biota
shall
mean
the
part
left
that
due
to
its
characteristic
is
easily
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Item c
Self-explanatory.
Article 7
Item a
By single element shall mean the building made
of one type of material and it is impossible
to
than
one
types
of
material
and
can
be
free
bound
standing
with
the
shall
natural
mean
the
building
formation,
except
not
those
united
structure
natural
to
natural
constructed
formation,
formation
on
both
the
all
shall
land
and
or
mean
on
parts
the
other
of
the
structure.
Article 8
Item a
By single element shall mean the structure made
of one type of material and it is impossible
to
more
than
one
of
material
and
made
can
be
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Item b
Self-explanatory.
Article 9
Self-explanatory.
Article 10
Item a
Self-explanatory.
Item b
By cultural
as
the
landscape
result
of
the
shall
human
being
formation
special
meaning
for
the
state
shall
be
having
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constituting
the
extraordinary
event
at
national
or
international scale.
Article 12
Paragraph (1)
By its social
the
function
utilization
Cultural
has
function
Cultural
Conservation
Conservation
Conservation
of
shall
mean principally,
Conservation
Object,
Building,
Cultural
and/or
Cultural
Structure,
private
interest,
but
also
in
in the interest of
Structure
nationally
Governments
has
and/or
regional
stored
governments
in
Self-explanatory.
Paragraph (4)
Self-explanatory.
10
10
the
museums
and
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 13
By
indigenous
people
shall
mean
the
feeling,
traditional
traditional
assets/object,
governance
and
communitys
institution,
traditional
norm
instrument.
Article 14
Self-explanatory.
Article 15
Self-explanatory.
Article 16
Self-explanatory.
Article 17
Self-explanatory.
Article 18
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
By collection shall mean the object as material
evidence of cultural result, including manuscript,
as
well
as
natural
material
and
its
environment
religion,
tourism.
11
11
culture,
technology,
and/or
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Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Article 19
Paragraph (1)
By agency competent in culture sector shall mean
the technical executive unit for central level and
regional instrument work unit (SKPD) for regional
level.
Paragraph (2)
Self-explanatory.
Article 20
Self-explanatory.
Article 21
Paragraph (1)
By
law
enforcer,
shall
be
12
12
among
others
the
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 24
Self-explanatory.
Article 25
Self-explanatory.
Article 26
Self-explanatory.
Article 27
Self-explanatory.
Article 28
Self-explanatory.
Article 29
Self-explanatory.
Article 30
Self-explanatory.
Article 31
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
By
protected
Conservation
and
shall
13
13
mean
treated
the
as
object,
Cultural
building,
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
structure,
or
location
considered
already
example
among
others
of
the
valid
evidence,
proprietary
right
shall
to
be
land,
14
14
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 38
Self-explanatory.
Article 39
Dissemination
shall
be
of information
made
extension,
in
printed
many
media,
on Cultural Conservation
ways,
among
others
electronic
media,
through
and
art
performance.
Article 40
Self-explanatory.
Article 41
Self-explanatory.
Article 42
Item a
Self-explanatory.
Item b
By
adihulung
shall
mean
the
Cultural
15
15
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 44
Self-explanatory.
Article 45
Self-explanatory.
Article 46
Self-explanatory.
Article 47
Self-explanatory.
Article 48
Item a
By destroyed shall mean can no longer found.
Item b
Self-explanatory.
Item c
Self-explanatory.
Item d
Self-explanatory.
Article 49
Self-explanatory.
Article 50
Self-explanatory.
Article 51
Self-explanatory.
Article 52
Self-explanatory.
16
16
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 53
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
By
documenting
taking,
among
activity
others
text
shall
mean
description,
the
data
graphic,
emergency
threatening
condition
the
Cultural
shall
mean
Conservation
17
17
the
condition
preservation,
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 60
Self-explanatory.
Article 61
Self-explanatory.
Article 62
Self-explanatory.
Article 63
Self-explanatory.
Article 64
Self-explanatory.
Article 65
Self-explanatory.
Article 66
Self-explanatory.
Article 67
Self-explanatory.
Article 68
Self-explanatory.
Article 69
Self-explanatory.
Article 70
Self-explanatory.
Article 71
Self-explanatory.
Article 72
Self-explanatory.
18
18
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 73
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Item a
By core zone shall mean the main protection
area
to
keep
the
most
important
part
of
Cultural Conservation.
Item b
By
buffer
zone
shall
mean
the
area
development
designated
zone
for
the
potential
cultural conservation
of
recreation,
conservation
traditional
shall
mean
development
area
of
area,
cultural
the
environment
cultural
life,
landscape,
religious,
and
tourism.
Item d
By
supporting
designated
zone
for
infrastructure
shall
supporting
as
well
as
the
area
facilities
and
mean
for
19
19
commercial
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Paragraph (4)
Self-explanatory.
Article 74
Self-explanatory.
Article 75
Self-explanatory.
Article 76
Paragraph (1)
The
context
of
deterioration,
in
damage
namely
characteristic
Conservation
factors
the phenomenon
and
quality
include
the
of decrease
of
Cultural
(for
mechanical
shall
example
(for
water,
example
fire,
and
light),
fracture,
and
crack),
20
20
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Paragraph (6)
Self-explanatory.
Article 77
Paragraph (1)
By
reconstruction
restore
the
Cultural
shall
Cultural
mean
the
Conservation
Conservation
Structure
program
Building
limited
to
to
and
the
construction
consolidation
Cultural
shall
Conservation
mean
the
Building
repair
and
of
Cultural
and
inhibiting
the
further
damage
process.
By
rehabilitation
repair
and
Building
which
restore
and
the
shall
Cultural
activities
the
mean
the
Cultural
Conservation
are
focused
program
to
Conservation
Structure
on
of
partial
at
Cultural
restoring
Conservation
Conservation
the
21
21
authenticity
Building,
Structure
scientifically.
form
that
and
of
Cultural
accountable
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Paragraph (2)
Item a
Self-explanatory.
Item b
Self-explanatory.
Item c
Self-explanatory.
Item d
The
competency
determined
based
expert.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Article 78
Self-explanatory.
Article 79
Self-explanatory.
Article 80
Paragraph (1)
22
22
of
executive
on
the
shall
certification
be
as
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
interest,
example,
for
technology,
interest,
education,
examples
of
certain
interest
shall
mean
23
23
for
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 89
Self-explanatory.
Article 90
Self-explanatory.
Article 91
Self-explanatory.
Article 92
Self-explanatory.
Article 93
Self-explanatory.
Article 94
Self-explanatory.
Article 95
Self-explanatory.
Article 96
Self-explanatory.
Article 97
Self-explanatory.
Article 98
Self-explanatory.
Article 99
Self-explanatory.
Article 100
Self-explanatory.
Article 101
Self-explanatory.
24
24
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 102
Self-explanatory.
Article 103
Self-explanatory.
Article 104
Self-explanatory.
Article 105
Self-explanatory.
Article 106
Self-explanatory.
Article 107
Self-explanatory.
Article 108
Self-explanatory.
Article 109
Self-explanatory.
Article 110
Self-explanatory.
Article 111
Self-explanatory.
Article 112
Self-explanatory.
Article 113
Self-explanatory.
Article 114
Self-explanatory.
25
25
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this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and noncommercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source ( UNESCO).
Article 115
Self-explanatory.
Article 116
Self-explanatory.
Article 117
Self-explanatory.
Article 118
Self-explanatory.
Article 119
Self-explanatory.
Article 120
Self-explanatory.
I, Eko Tjahyadi Sworn & Certified Translator, hereby declare that this document is an English
translation of a document prepared in Indonesian language. In translating this document an attempt has
been made to translate as literally as possible without jeopardizing the overall continuity of the text.
However differences may occur in translation and if they do the original text has precedence in law.
26
26