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1
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 10 OF 2009
CONCERNING
TOURISM
BY THE MERCY OF THE ONE SUPREME GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering : a. that the natural, flora, and fauna condition,
as a gift of the God Almighty, as well as
ancient heritage, historical, art, and
cultural heritages owned by the Indonesian
nation is the resources and capital of
tourism development to increase the people’s
prosperity and welfare as contained in
Pancasila and the Preamble of Constitution of
the Republic of Indonesia of 1945;
b. that the freedom to carry out the travel and
enjoy the free time in form of tour is part
of the human rights;
c. that tourism is an integral part of the
national development carried out on
systematic basis, planned, integrated,
sustainable and accountable by remaining
providing the protection to the religious and
2
cultural values living in the community,
sustainability and environmental quality, as
well as the national interests;
d. that the tourism development is required to
encourage the equal distribution of business
opportunity and to obtain the benefit as well
as able to face the challenges in the local,
national, and global changes;
e. that Law Number 9 of 1990 concerning Tourism
is no longer according to the demand and
development of tourism, therefore should be
replaced;
f. that based on the considerations as referred
to in items a, b, c, d, and e, it is
necessary to establish the Law on Tourism;
Recalling : Articles 20 and 21 of the Constitution of the
Republic of Indonesia of 1945;
At Joint Approval of
THE HOUSE OF PEOPLE’S REPRESENTATIVES OF THE REPUBLIC OF
INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
HAS DECIDED:
To Stipulate: LAW ON TOURISM.
3
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Law by:
1. Tour shall mean the travel activity carried
out by a person or group of people by
visiting certain place for recreation,
personal development, or study the
uniqueness of the tour attractiveness
visited in temporary period.
2. Tourist shall mean people conducting tour.
3. Tourism shall mean many types of tour
activities and supported by many facilities
and services provided by the community,
businessmen, Government, and Regional
Government.
4. Tourism Affairs shall mean all activities
relating to tourism and multidimensional as
well as multidisciplinary in nature emerged
as the manifestation of the need of every
people and nation as well as the interaction
between the tourists and local communities,
co-tourists, Government, Regional
Government, and businessmen.
4
5. Tourist Attractiveness shall mean anything
having uniqueness, beauty, and value in
terms of natural wealth, culture diversity,
and the man-made results being the target or
destination of the tourists visit.
6. Tourism destination area, hereinafter
referred to as Tourism Destination shall
mean the geographical area in one or more
administrative regions containing the
tourist attractiveness, public facilities,
tourism facilities, accessibility, as well
as the community that are correlated and
complementary to each other to materialize
the tourism affairs.
7. Tourism business shall mean the business
providing the goods and/or services for the
fulfillment of the tourists’ need and
tourism administration.
8. Tourism Businessmen shall mean a person or
group of persons carrying out the tourism
business activities.
9. Tourism industry shall mean a collection of
inter-related tourism business to produce
goods and/or services for the fulfillment of
the tourists’ needs in the tourism
administration.
5
10. Tourism Strategic Area shall mean the areas
having the main function of tourism or
having potential for tourism development and
having the important influence in one or
more aspects, such as the economic, social
and cultural growth, empowerment of natural
resources, environmental capacity, as well
as defense and security.
11. Competence shall mean a series of knowledge,
skill, and behavior that must be owned,
understood, and controlled by the tourism
personnel to develop the work
professionalism.
12. Certification shall mean the process of
issue of certificate to the tourism business
and personnel to support the increase in
tourism products, services quality, and
tourism affairs management.
13. Central Government, hereinafter referred to
as Government shall mean the President of
the Republic of Indonesia having the power
of the state government of the Republic of
Indonesia as referred to in the Constitution
of the Republic of Indonesia of 1945.
6
14. Regional Government shall mean the Governor,
Regent or Mayor, and the regional instrument
as the regional administration element.
15. Minister shall mean the minister with tasks
and responsibilities in tourism sector.
CHAPTER II
BASIS, FUNCTION, AND OBJECTIVE
Article 2
Tourism Affairs shall be held based on the
principles of:
a. benefit;
b. kinship;
c. fair and equitable;
d. balance;
e. independence;
f. sustainability;
g. participatory;
h. sustainable development;
i. democratic;
j. equality, and
k. unity.
Article 3
Tourism affairs shall have function to fulfill
the physical, spiritual and intellectual needs
7
of every tourist with recreation and travel as
well as increase the state revenues to
materialize the people’s welfare.
Article 4
Tourism Affairs shall be intended to:
a. increase the economic growth;
b. improve the people’s welfare;
c. eradicate poverty;
d. overcome unemployment;
e. preserve the nature, environment, and
resources;
f. promote the culture;
g. raise the nation’s image;
h. foster a sense of patriotic;
i. strengthen the nation identity and unity;
and
j. strengthen inter-nation friendship.
CHAPTER III
TOURISM ADMINISTRATION PRINCIPLES
Article 5
The Tourism affairs shall be held with the
following principles:
a. highly uphold the religious norms and
cultural values as the manifestation of the
8
life concept in the balance of the human
being and God Almighty relationship, inter-
human being relationship, and inter-human
being and environment relationship;
b. highly uphold the human rights, cultural
diversity, and local wisdom;
c. provide benefits for the people’s welfare,
justice, equality, and proportionality;
d. preserve nature and environment;
e. empower the local communities;
f. secure the integration of inter-sector,
inter-region, inter-central and region
constituting a systemic unity for autonomy,
as well as the inter-stakeholders integrity;
g. comply with the code of ethics of tourism
world and international agreement in tourism
sector; and
h. strengthen the integrity of the State of
Republic of Indonesia.
CHAPTER IV
TOURISM AFFAIRS DEVELOPMENT
Article 6
The development of tourism affairs shall be
carried out based on the principles as referred
9
to in Article 2 materialized through the
implementation of the tourism affairs
development plan by taking into account the
diversity, uniqueness, and distinctiveness of
culture and nature, and the human being’s need
for travels.
Article 7
Tourism affairs development shall cover:
a. tourism industry;
b. tourism destination;
c. marketing; and
d. tourism institutionalism.
Article 8
(1) The tourism affairs development shall be
carried out based on the tourism affairs
development master plan consisting of the
national tourism affairs development master
plan, the provincial tourism affairs
development master plan and regency/
municipal tourism affairs development master
plan.
(2) The tourism affairs development as referred
to in paragraph (1) shall form an integral
part of the national long-term development
plan.
10
Article 9
(1) National tourism affairs development master
plan as referred to in Article 8(1) shall be
regulated by the Government Regulation.
(2) The provincial tourism affairs development
master plan as referred to in Article 8 (1)
shall be regulated by the Provincial
Regulation.
(3) The regency/municipal tourism affairs
development master plan as referred to in
Article 8 (1) shall be regulated by the
Regency/municipal Regulation.
(4) The tourism affairs development master plan
as referred to in paragraphs (1), (2), and
(3) shall be prepared by involving the
stakeholders.
(5) The tourism affairs development master plan
as referred to in paragraph (4) shall cover
the tourism industry, tourism destination,
marketing, and tourism institutionalism
development planning.
Article 10
The Government and Regional Government shall
encourage the domestic investment and foreign
investment in the tourism affairs sector
11
according to the national, provincial and
regency/municipal tourism affairs development
master plan.
Article 11
The Government together with the institution
relating to the tourism affairs shall carry out
the tourism affairs research and development to
support the tourism affairs development.
CHAPTER V
STRATEGIC AREA
Article 12
(1) The determination of tourism strategic areas
shall be made by taking into account the
aspects of:
a. natural and cultural tourism resources
as potential tourism attractiveness;
b. market potential;
c. strategic location having role to
maintain the nation unity and area
integrity;
d. protection toward certain location
having strategic role in maintaining the
environmental function and capacity;
12
e. strategic location having role in the
conservation effort and utilization of
cultural assets;
f. community’s readiness and support; and
g. specificity of region.
(2) The tourism strategic area shall be
developed to take part in the creation of
the nation unity and integrity, Unitary of
the Republic of Indonesia as well as
increase in the community’s welfare.
(3) The tourism strategic areas shall take into
account the cultural, social, and religious
aspects of the local community.
Article 13
(1) Tourism strategic areas as referred to in
Article 12 (1) and (2) shall consist of the
national tourism strategic area, the
provincial tourism strategic area, and
regency/municipal tourism strategic area.
(2) The tourism strategic area as referred to in
paragraph (1) shall form an integral part of
the national spatial lay out plan,
provincial spatial lay out plan, and
regency/municipal spatial lay out plan.
13
(3) The national tourism strategic area shall be
stipulated by the Government, the provincial
tourism strategic area shall be determined
by the Provincial Government, and the
regency/municipal tourism strategic area
shall be stipulated by the regency/
municipal Government.
(4) The special tourism area shall be stipulated
by the law.
CHAPTER VI
TOURISM BUSINESS
Article 14
(1) Tourism business shall cover, among others:
a. tourist attractiveness;
b. tourism area;
c. tour transportation service;
d. tour travel service;
e. food and beverage services;
f. accommodation provision;
g. entertainment and recreation activities
administration;
h. meeting, incentive travel, conference
and exhibition organization;
i. tourism information service;
14
j. tourism consultant service;
k. guide service;
l. water tourism; and
m. spa.
(2) The tourism business other than those as
referred to in paragraph (1) shall be
regulated by the Regulation of Minister.
Article 15
(1) To be able to organize a tourism business as
referred to in Article 14, the tourism
businessman shall firstly register its
business to the Government or Regional
Government.
(2) Further provisions on the procedure of
registration as referred to in paragraph (1)
shall be regulated by the Minister.
Article 16
The Government or Regional Government may
postpone or review the tourism business
registration if it is not in accordance with the
procedure as referred to in Article 15.
Article 17
The Government and Regional Government shall
develop and protect the micro, small and medium
15
scale business and cooperatives in the tourism
business sector by:
a. prepare the policy on tourism business
reserving for the micro, small, medium scale
business, and cooperatives; and
b. facilitate the partnership of the micro,
small, medium and cooperatives with the
large scale business.
CHAPTER VII
RIGHTS, OBLIGATIONS, AND PROHIBITION
Part One
Right
Article 18
The Government and/or Regional Government shall
regulate and manage the tourism affairs
according to the provisions in the legislation.
Article 19
(1) Every person shall be entitled to:
a. obtain the opportunity to fulfill the
need for tour;
b. carry out tourism business;
c. being the tourism worker/labor; and/or
16
d. play role in the tourism affairs
development process.
(2) Every person and/or community in and around
the tourism destination shall have the
priority right to become:
a. worker/labor;
b. consignment, and/or
c. management.
Article 20
Every tourist shall be entitled to obtain:
a. accurate information on tourist attractiveness;
b. tourism affairs service according to the
standard;
c. legal protection and security;
d. health service;
e. personal right protection; and
f. insurance coverage for high-risk tourism
activity.
Article 21
The tourist having physical limitation,
children, and elderly shall be entitled to
obtain special facility according to their
needs.
17
Article 22
Every tourism businessman shall be entitled to:
a. have the same opportunity in running
business in tourism affairs sector;
b. establish and become the tourism association
member;
c. obtain legal protection in running business;
and
d. obtain facility according to the provisions
in the legislation.
Part Two
Obligations
Article 23
(1) The Government and Regional Government shall:
a. provide the information on tourism
affairs, legal protection, as well as
security and safety to the tourists;
b. create the conducive climate to the
tourism business development covering
the opening of same opportunity in
running business, facilitating, and
providing legal certainty;
c. maintain, develop, and preserve the
national assets being the tourist
18
attractiveness and untapped potential
assets, and
d. supervise and control the tourism
affairs activities to prevent and
overcome several negative impacts for
the community.
(2) Further provisions on the supervision and
control of tourism affairs as referred to in
paragraph (1) item d shall be regulated by
the Decree of President.
Article 24
Every person shall:
a. maintain and preserve the tourism
attractiveness; and
b. assist to create the safe, orderly, clean,
courteous behavior atmosphere, and maintain
the environmental sustainability of tourism
destination.
Article 25
Every tourist shall:
a. maintain and respect the religion, custom,
cultural, and values norms in the local
community;
b. maintain and preserve the environment;
19
c. take part in maintaining the environmental
order and security, and
d. take part in preventing all forms of acts
violating the norm and unlawful activities.
Article 26
Every tourism businessman shall:
a. maintain and respect the religion, custom,
cultural, and values norms in the local
community;
b. provide accurate and accountable information;
c. provide not discriminatory service;
d. provide comfort, hospitality, security
protection, and safety for the tourists;
e. provide insurance coverage toward the
tourism business with the high-risk
activities;
f. develop the partnership with the micro,
small scale business and local cooperatives,
requiring, strengthening, and benefiting to
each other;
g. give priority to use the local product,
domestic product, and provide the
opportunity to the local manpower;
h. increase the manpower competency through
training and education;
20
i. take part actively in the infrastructure
development and community’s development
program;
j. take part in preventing all types of acts
breaching the norm and illegal activities in
its business place environment;
k. maintain the healthy, clean, and beautiful
environment;
l. maintain natural and cultural environment
preservation;
m. maintain the Indonesian nation and state
image through the accountable tourism
activities; and
n. apply the business standard and competency
standard according to the provisions in the
legislation.
Part Three
Prohibition
Article 27
(1) Any person shall not damage part or entire
physical tourism attractiveness.
(2) The damage to physical tourism
attractiveness as referred to in paragraph
(1) shall be the act to change color,
change shape, eliminate certain species,
21
pollute the environment, move, take,
destroy, or annihilate the tourism
attractiveness therefore rendering the
decrease in or loss of uniqueness, beauty,
and authentic value of a tourism
attractiveness already stipulated by the
Government and/or Regional Government.
CHAPTER VIII
GOVERNMENT’S AND REGIONAL GOVERNMENT’S AUTHORITY
Article 28
The Government shall be authorized to:
a. prepare and stipulate the national tourism
development master plan;
b. coordinate the cross sector and cross
province tourism development;
c. enter into the international cooperation in
tourism sector according to the provisions
of legislation;
d. stipulate the national tourism
attractiveness;
e. stipulate the national tourism destination;
f. stipulate the norm, standard, guideline,
procedure, criteria, and supervision systems
in the tourism administration;
22
g. develop the policy on human resources
development in the tourism sector;
h. maintain, develop, and preserve the national
assets being the tourism attractiveness and
untapped potential assets;
i. carry out and facilitate the national
tourism promotion;
j. provide facilities supporting the tourist
visits;
k. provide information and/or early warning
relating to the tourist security and safety;
l. increase the community empowerment and
tourism potential possess by the community;
m. supervise, monitor, and evaluate the tourism
implementation; and
n. allocate the tourism budget.
Article 29
The provincial government shall be authorized to:
a. prepare and establish the provincial tourism
development master plan;
b. coordinate the tourism implementation in his
region;
c. implement the registration, recording, and
data taking of tourism business
registration;
23
d. stipulate the provincial tourism destination;
e. stipulate the provincial tourist
attractiveness;
f. facilitate the promotion of tourism
destination and tourism products in his
territory;
g. maintain the provincial assets being the
provincial tourism attractiveness; and
h. allocate the tourism budget.
Article 30
The regency/municipal government shall be
authorized to:
a. prepare and establish the regency/municipal
tourism development master plan;
b. stipulate the regency/municipal tourism
destination;
c. establish the regency/municipal tourism
attractiveness;
d. implement the registration, recording, and
data taking of tourism business
registration;
e. manage the tourism implementation and
management in his region;
24
f. facilitate and promote the tourism
destination and tourism product in his
territory;
g. facilitate the new tourism attractiveness
development;
h. hold training and research on tourism in the
regency/municipal scopes;
i. maintain and preserve the tourism
attractiveness in his territory;
j. provide the guidance of community’s tourism
awareness; and
k. allocate the tourism budget.
Article 31
(1) Every individual, tourism organizations,
government agency, as well as business
entity having extraordinary achievement or
having significant service in its
participation to increase the development,
pioneering, and dedication in the tourism
sector that is able to be proven by the
concrete fact shall be provided with
appreciation.
(2) The appreciation as referred to in paragraph
(1) shall be provided by the Government or
other reliable institution.
25
(3) The appreciation may be in form of
cerfificate, money, or other useful form of
appreciation.
(4) Further provisions on appreciation provision,
form of appreciation, and implementation of
appreciation provision as referred to in
paragraphs (1), (2), and (3) shall be
regulated by the Decree of President.
Article 32
(1) The Government and Regional Government shall
secure the availability and dissemination of
information to the public in the interest of
tourism development.
(2) In providing and disseminating the
information, the Government shall develop
the national tourism information system.
(3) The Regional Government may develop and
manage the tourism information system
according to the capabilities and local
condition.
CHAPTER IX
COORDINATION
Article 33
(1) To improve the implementation the tourism
affairs administration, the government shall
26
make the cross-sector a strategic
coordination in the tourism policy, program,
and activities.
(2) The cross-sector strategic coordination as
referred to in paragraph (1) shall cover:
a. customs, immigration, and quarantine
services sector;
b. security and orderliness sector;
c. public infrastructure covering road, clean
water, electricity, telecommunication,
and environmental health;
d. land, sea, and air transportation; and
e. tourism promotion and foreign
cooperation sector.
Article 34
The cross-sector strategic coordination as
referred to in Article 33 (1) shall be chaired
by the President or Vice President.
Article 35
Further provisions on work system, mechanism,
and cross-sector strategic coordination as
referred to in Articles 33 and 34 shall be
regulated by the Decree of President.
27
CHAPTER X
INDONESIAN TOURISM PROMOTION AGENCY
Section One
Indonesian Tourism Promotion Board
Article 36
(1) The Government shall facilitate the
establishment of the Indonesian Tourism
Promotion Board having its domicile in the
state’s capital.
(2) The Indonesian Tourism Promotion Board as
referred to in paragraph (1) shall
constitute the private and independent
institution.
(3) The establishment of the Indonesian Tourism
Promotion Board as referred to in paragraph
(1) shall be stipulated by the Decree of
President.
Article 37
The organizational structure of the Indonesian
Tourism Promotion Board shall consist of 2 (two)
elements, namely the policy maker and executive
elements.
28
Article 38
(1) Policy maker element of the Indonesian
Tourism Promotion Board as referred to in
Article 37 shall consist of 9 (nine) members
consisting of:
a. 4 (four) tourism association
representatives;
b. 2 (two) professional association
representatives;
c. 1 (one) airlines association
representatives; and
d. 2 (two) experts/academics.
(2) The membership of the policy maker element
of the Indonesian Tourism Promotion Board
shall be proposed by the Minister to the
President for the employment term of maximum
4 (four) years.
(3) The policy maker element of the Indonesian
Tourism Promotion Board shall be chaired by
a chairman and a vice chairman assisted by a
secretary selected from and by members.
(4) Further provisions on work system,
requirement, as well as procedure of
appointment and dismissal of the policy
maker element as referred to in paragraphs
29
(1), (2), and (3) shall be regulated by the
Minister.
Article 39
The policy maker element as referred to in
Article 38 shall establish the executive element
to carry out the operational task of the
Indonesian Tourism Promotion Board.
Article 40
(1) The executive element of the Indonesian
Tourism Promotion Board shall be chaired by
an executive director, assisted by several
directors according to the need.
(2) The executive element of the Indonesian
Tourism Promotion Board shall prepare the
work system and action plan.
(3) The employment term of the executive element
of the Indonesian Tourism Promotion Board
shall be maximum 3 (three) years and may be
reappointed for the next 1 (one) employment
term.
(4) Further provisions on the work system,
requirements, as well as procedure of
appointment and dismissal of the executive
element as referred to in paragraphs (1),
(2), and (3) shall be regulated by the
30
Regulation of the Indonesian Tourism
Promotion Board.
Article 41
(1) The Indonesian Tourism Promotion Board shall
have tasks:
a. to improve the Indonesian tourism image;
b. to increase the foreign tourist visit
and foreign exchange revenues;
c. to increase the domestic tourist visits
and shopping;
d. to collect the fund from the sources
other than the State Budget and Regional
Budget according to the provisions of
legislation; and
e. to carry out the research for the
tourism business development.
(2) The Indonesian Tourism Promotion Board shall
have functions as:
a. the tourism promotion coordinator
carrying out by the travel industry in
the central and regional levels; and
b. Government and Regional Government
counterparts.
31
Article 42
(1) The financing sources of the Indonesian
Tourism Promotion Board shall be from:
a. stakeholders; and
b. other legitimate and not binding sources
according to the provisions of the
legislation.
(2) The fund aid from the State Budget and
Regional Budget shall be grant in nature
according to the provisions of the
legislation.
(3) The management of funds from the non State
Budget and Non Regional Budget shall be
audited by the public accountant and
publicized to the public.
Part Two
Regional Tourism Promotion Board
Article 43
(1) The Regional Government may facilitate the
establishment of the Regional Tourism
Promotion Board having its domicile in the
provincial capital/regency/municipal.
(2) The Regional Tourism Promotion Board as
referred to in paragraph (1) shall
32
constitute the private and independent
institution.
(3) The Regional Tourism Promotion Board in
carrying out its activities shall make
coordination with the Indonesian Tourism
Promotion Board.
(4) The establishment of the Regional Tourism
Promotion Board as referred to in paragraph
(1) shall be stipulated by the Decision of
the Governor/Regent/Mayor.
Article 44
The organizational structure of the Regional
Tourism Promotion Board shall consist of 2 (two)
elements, namely the policy maker and executive
elements.
Article 45
(1) Policy maker element of the Regional Tourism
Promotion Board as referred to in Article 44
shall consist of 9 (nine) members consisting
of:
a. 4 (four) tourism association representatives;
b. 2 (two) professional association
representatives;
c. 1 (one) airlines association
representatives; and
33
d. 2 (two) experts/academics.
(2) The membership of the policy maker element
of the Regional Tourism Promotion Board
shall be stipulated by the Decision of the
Governor/Regent/Mayor for the employment
term of maximum 4 (four) years.
(3) The policy maker element of the Regional
Tourism Promotion Board shall be chaired by
a chairman and a vice chairman assisted by a
secretary selected from and by members.
(4) Further provisions on work system,
requirement, as well as procedure of
appointment and dismissal of the policy
maker element as referred to in paragraphs
(1), (2), and (3) shall be regulated by the
Regulation of the Governor/Regent/Mayor.
Article 46
The policy maker element as referred to in
Article 38 shall establish the executive element
to carry out the operational task of the
Regional Tourism Promotion Board.
Article 47
(1) The executive element of the Regional
Tourism Promotion Board shall be chaired by
34
an executive director, assisted by several
directors according to the need.
(2) The executive element of the Regional
Tourism Promotion Board shall prepare the
work system and action plan.
(3) The employment term of the executive element
of the Regional Tourism Promotion Board
shall be maximum 3 (three) years and may be
reappointed for the next 1 (one) employment
term.
(4) Further provisions on the work system,
requirements, as well as procedure of
appointment and dismissal of the executive
element as referred to in paragraphs (1),
(2), and (3) shall be regulated by the
Regulation of the Regional Tourism Promotion
Board.
Article 48
(1) The Regional Tourism Promotion Board shall
have tasks:
a. to improve the Indonesian tourism image;
b. to increase the foreign tourist visit
and foreign exchange revenues;
c. to increase the domestic tourist visits
and shopping;
35
d. to collect the fund from the sources
other than the State Budget and Regional
Budget according to the provisions of
legislation; and
e. to carry out the research for the
tourism business development.
(2) The Regional Tourism Promotion Board shall
have functions as:
a. the tourism promotion coordinator
carrying out by the travel industry in
the central and regional levels; and
b. Government and Regional Government
counterparts.
Article 49
(1) The financing sources of the Regional
Tourism Promotion Board shall be from:
a. stakeholders; and
b. other legitimate and not binding sources
according to the provisions of the
legislation.
(2) The fund aid from the State Budget and
Regional Budget shall be grant in nature
according to the provisions of the
legislation.
36
(3) The management of funds from the non State
Budget and Non Regional Budget shall be
audited by the public accountant and
publicized to the public.
CHAPTER XI
JOINT INDONESIAN TOURISM INDUSTRY
Article 50
(1) To support the competitive tourism business
development, it is established a forum named
Joint Indonesian Tourism Industry.
(2) The membership of Joint Indonesian Tourism
Industry shall consist of:
a. tourism businessman;
b. tourism business association;
c. professional association, and
d. other association directly relating to
tourism.
(3) Joint Indonesia Tourism Industry as referred
to in paragraph (1) shall have function as
the counterpart of the Government and
Regional Government as well as communication
and consultation forums of its members in
the tourism implementation and development.
37
(4) The Joint Indonesian Tourism Industry shall
be independent in nature and in carrying out
its activities, it is non-profit in nature.
(5) The Joint Indonesian Tourism Industry shall
carry out the activities, among others:
a. stipulate and enforce the Code of Ethic
of Joint Indonesian Tourism Industry;
b. distribute the aspiration as well as
maintain the harmony and interest of the
members for its participation in the
tourism development;
c. promote the relation and cooperation
between the Indonesian tourism industry
and foreign tourism industry for the
interest of the tourism development;
d. prevent unfair business competition in
tourism sector; and
e. organize the business information center
and disseminate the Government’s policy
in the tourism sector.
Article 51
Further provisions on form, membership,
management composition, and activities of the
Joint Indonesian Tourism Industry as referred to
38
in Article 50 shall be regulated in the articles
of association and by-law.
CHAPTER XII
TRAINING ON HUMAN RESOURCES, STANDARDIZATION,
CERTIFICATION AND MANPOWER
Section One
Training ON Human Resources
Article 52
The Government and Regional Government shall
carry out the training on tourism human
resources according to the provisions of the
legislation.
Part Two
Standardization and Certification
Article 53
(1) The manpower in the tourism sector shall
have the competence standard.
(2) The competence standard as referred to in
paragraph (1) shall be made through the
competence certification.
(3) The competence certification shall be
carried out by professional certification
institution already obtaining license
39
according to the provisions of the
legislation.
Article 54
(1) The product, service, and management of
tourism business shall have the business
standard.
(2) The business standard as referred to in
paragraph (1) shall be made through the
business certification.
(3) The business certification as referred to in
paragraph (2) shall be carried out by the
competent independent institution according
to the provisions of the legislation.
Article 55
Further provisions on the competence
certification as referred to in Article 53 and
business certification as referred to in Article
54 shall be regulated in the Government
Regulation.
Part Three
Expatriate
Article 56
40
(1) The tourism industry may hire the expatriate
according to the provisions of the
legislation.
(2) The expatriate as referred to in paragraph
(1) shall firstly obtain the recommendation
from the tourism professional association
organization.
CHAPTER XIII
FUNDING
Article 57
The tourism funding shall become joint
responsibility of the Government, Regional
Government, travel industry, and the community.
Article 58
The management of tourism fund shall be made
based on the equity, efficiency, transparency
and public accountability principles.
Article 59
The Regional Government shall allocate part of
the revenues gained from the tourism
administration for natural and cultural
preservation.
Article 60
41
The funding by the businessman and/or community
for tourism development in the small islands
shall be provided with incentive regulated by
the decree of President.
Article 61
The Government and Regional Government shall
provide the funding chance for the small and
micro scale businesses in the tourism sector.
CHAPTER XIV
ADMINISTRATIVE SANCTIONS
Article 62
(1) Any tourist failing to comply with the
provisions as referred to in Article 25
shall be subjected to sanction in terms of
verbal admonition furnished with the
notification on any matters that must be
fulfilled.
(2) In case of failure to comply with the
admonition as referred to in paragraph (1),
the relevant tourist may be expelled from
the location of the place of act.
42
Article 63
(1) Every tourism businessman failing to comply
with the provisions as referred to in
Article 15 and/or Article 26 shall be
subjected to the administrative sanction.
(2) The administrative sanction as referred to
in paragraph (1) shall be in form of:
a. written warning;
b. restriction of business activity; and
c. cessation of business activity.
(3) The written admonition as referred to in
paragraph (2) item a shall be imposed upon
the businessman for maximum 3 (three) times.
(4) The sanction in terms of business cessation
shall be imposed upon the businessman
failing to fulfill the admonition as
referred to in paragraph (3).
(5) The sanction in terms of business cessation
shall be imposed upon the businessman
failing to fulfill the admonition as
referred to in paragraphs (3) and (4).
CHAPTER XV
PENAL PROVISIONS
Article 64
43
(1) Anyone intentionally and illegally damaging
the physical tourism attractiveness as
referred to in Article 27 shall be subjected
to sanction in terms of imprisonment for
maximum 7 (seven) years and penalty maximum
Rp 10,000,000,000, 00 (ten billion rupiah).
(2) Anyone who due to his negligence and illegal
act, damaging the physical tourism, or
decrease the tourism attractiveness value as
referred to in Article 27 shall be subjected
to sanction in terms of imprisonment for
maximum 1 (one) year and/or penalty for
maximum Rp 5,000,000,000.00 (five billion
rupiah).
CHAPTER XVI
TRANSITIONAL PROVISIONS
Article 65
The Indonesian Tourism Promotion Board as
referred to in Article 36 (1) shall have been
established within not later than 2 (two) years
after the promulgation hereof.
Article 66
(1) The establishment of the Joint Indonesian
Tourism Industry as referred to in Article
44
50 shall for the first time facilitated by
the Government.
(2) The Joint Indonesian Tourism Industry as
referred to in paragraph (1) shall have been
established within not later than 2 (two)
years after the promulgation hereof.
CHAPTER XVII
CLOSING PROVISIONS
Article 67
The implementing regulation hereof shall have
been stipulated within not later than 2 (two)
years as of the promulgation hereof.
Article 68
Upon the effectiveness hereof, the Law Number 9
of 1990 concerning Tourism (Official Gazette of
the Republic of Indonesia of 1990 Number 78,
Supplement Number 3427) shall be revoked and
declared null and void.
Article 69
Upon the effectiveness hereof, all legislations
constituting the implementing regulations of the
Law Number 9 of 1990 concerning Tourism
(Official Gazette of the Republic of Indonesia
45
of 1990 Number 78, Supplement Number 3427) shall
be declared remain effective as long as not
contradictory to the provisions hereof.
Article 70
This Law shall become effective as of the
promulgation date.
For public cognizance, it is instructed to
promulgate this Law by inserting the same in the
Official Gazette of the Republic of Indonesia.
Ratified in Jakarta
on January 16, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed
DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on January 16, 2009
MINISTER OF LAW AND HUMAN RIGHTS OF
THE REPUBLIC OF INDONESIA
signed
ANDI MATTALATTA
OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA OF 2009 NUMBER 11
For true copy
46
STATE SECRETARIAT OF THE REPUBLIC OF INDONESIA
Head of Legislation Bureau
Politics and Social Welfare Division,
Wisnu Setiawan
1
ELUCIDATION
TO
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 10 OF 2009
CONCERNING
TOURISM
I. GENERAL
The One Supreme God has endowed the Indonesian nation
the priceless wealth. A wealth in terms of strategic
geographical location, diversity of language and
ethnicity, natural condition, flora, and fauna, ancient
heritage, as well as historical, arts heritage, and
cultural and capital resources to increase the Indonesian
nation prosperity and welfare as contained in Pancasila
and idealized in the Preamble of the Constitution of the
Republic of Indonesia of 1945.
The resources and capital above should be utilized
optimally through the tourism administration aimed at
increasing the national income, expand and equalize the
business opportunities and job vacancy, encourage the
regional development, introduce and empower the tourism
attractiveness and destinations in Indonesia, as well as
foster the love of mother land and strengthen the inter-
nation friendship.
2
The international tourism development trend from year
to year showed a very rapid development. It is caused by,
among others, the change of socio-economic structure of
the countries in the world and increase in people with the
higher incomes. In addition, the tourism has developed to
become the global phenomenon, basic need, as well as being
a part of human rights that must be respected and
protected. The Government and Regional Government, tourism
business world, and the community shall be able to secure
in order that the travel as the right of every person can
be enforced therefore supporting the attainment of
increase in the human being dignity and status, increase
in prosperity, as well as the inter-nation friendship to
materialize the world peace.
In the face of global change and strengthening of
community’s personal right to enjoy the free time with
travel, it is necessary to develop the tourism based on
the nation diversity, uniqueness, and distinctiveness by
remaining placing the essential diversity in the frame of
the Unitary of the Republic of Indonesia.
In addition, the tourism development shall remain
take into account total population. Total population will
become one of main capitals in the tourism development in
the present and future era since having the double
function, besides as the human resource assets, it also
has function as the national tourist potential source.
3
Therefore, the tourism development can be used as
facility to create the awareness of the national identity
and togetherness in diversity. The tourism development is
developed by the economic growth and equality approach for
the people’s welfare and development oriented to the
regional development, relying on the community, and
empower the community covering various aspects, such as
human resources, marketing, destinations, knowledge and
technology, cross-sector correlation, inter-state
cooperation, small scale business empowerment, as well as
responsibility in the utilization of the natural and
cultural resources.
In its implementation, the tourism development as
regulated in the Law Number 9 of 1990 concerning Tourism
still focuses on the tourism business. Therefore, as one
of requirements to create the conducive climate in the
tourism development comprehensively to answer the era
demand as the consequence of the strategic environmental
change, externally and internally, it is necessary to
replace the Law Number 9 of 1990 with the new law.
The material provided for herein shall cover, among
others, the rights and obligations of the community,
tourists, business actor, Government and Regional
Government, comprehensive and sustainable tourism
development, cross-sector coordination, strategic area
regulation, micro, small and medium scale business
4
empowerment in and around the tourism destination, tourism
promotion board, tourism association, business
standardization, and tourism personnel competence, as well
as tourism personnel empowerment through the training on
human resource.
II. ARTICLE BY ARTICLE
Article 1
Self-explanatory.
Article 2
Self-explanatory.
Article 3
Self-explanatory.
Article 4
Self-explanatory.
Article 5
Item a
Self-explanatory.
Item b
Self-explanatory.
Item c
Self-explanatory.
Item d
By “environment” shall mean a unity of space with
all things, power, condition, and living
creatures, including the human being and their
5
behavior, affecting the livelihood continuity and
human being welfare as well as other living
creatures.
Item e
By “local people” shall mean the people living in
the tourism destination area and it is prioritized
to obtain the benefit from the tourism activity
implementation in such place.
Item f
Self-explanatory.
Item g
By “code of ethics of international tourism and
international agreement” shall mean a code of
ethics and international agreement in the tourism
implementation already ratified.
Item h
Self-explanatory.
Article 6
Self-explanatory.
Article 7
Item a
In this provision by tourism industry development
shall be among others, development of tourism
industry structures (function, hierarchy, and
relationship), tourism product competitiveness,
tourism business partnership, business
6
credibility, as well as responsibility to natural
and culture social environment.
Item b
In this provision by tourism destination
development, shall be among others community
empowerment, tourism attractiveness development,
infrastructure development, provision of public
facilities, and integrated and sustainable tourism
facilities development.
Item c
In this provision, by marketing development, shall
be among others, joint, integrated, and
sustainable tourism marketing by involving all
stakeholders as well as accountable marketing in
building the Indonesian image as the competitive
tourism destination.
Item d
In this provision by tourism institution
development, shall be among others, the
Government’s, Regional Government’s, private’s,
and community’s organization development, human
resource development, regulatory, as well as
operational mechanism in tourism sector.
Article 8
Self-explanatory.
7
Article 9
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
By “stakeholder” shall mean the Government,
Regional Government, business, and community.
Paragraph (5)
Self-explanatory.
Article 10
This provision is intended to encourage the domestic
investment and foreign investment carried out through,
among others, provision of fiscal and non-fiscal
incentives, convenience, investment promotion, and
provision of information on investment opportunities.
Article 11
Self-explanatory.
Article 12
Self-explanatory.
Article 13
Paragraph (1)
Self-explanatory.
Paragraph (2)
8
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Strategic area having area specialty into special
tourism shall be stipulated by law.
Article 14
Paragraph (1)
Item a
By “business attractiveness” shall mean the
business of which the activities manage the
natural tour attractiveness, cultural tour
attractiveness, and human being made/built
attractiveness.
Item b
By “tourism business area” shall mean the
business of which the activities build and/or
manage the area with certain area to fulfill
the tourism need.
Item c
By “tour transportation service business”
shall mean the special business providing
transportation for the tourism need and
activities, not regular/public transportation.
Item d
9
By “tour travel service business” shall mean
the tour travel bureau business and tour
travel agent business.
The tour travel bureau business shall cover
the travel planning service provision business
and/or tourism service and administration,
including worship travel administration.
Tour travel agent business shall cover the
facilities booking such as ticket booking and
accommodation booking and arrangement for
travel document.
Item e
By “food and beverage service business” shall
mean the food and beverages provision service
business equipped with the equipment and
devices for the manufacturing process can be
in terms of restaurant, cafe, catering, and
bar/tavern.
Item f
By “accommodation provision business” shall
mean the business providing the inn service
that can be equipped with the other tourism
service.
The accommodation provision business may in
terms of hotel, villa, cottage, campground,
10
caravan stopover, and other accommodation used
for tourism purpose.
Item g
By “entertainment and recreation activities
administration business” shall mean the
business with the scope of business activities
in terms of performance art, game arena,
karaoke, cinema, as well as other
entertainment and recreation activities
business intending for tourism.
Item h
By “meeting organization, incentive travel,
conference and exhibition businesses” shall
mean the business providing service for a
group of people, organizing the travel for
employees and business partners as the
compensation for his achievement, as well as
organizing the exhibition to disseminate the
information and promotion of a goods and
service with national, regional, and
international scale.
Item i
By “tourist information service business”
shall mean the business providing data, news,
feature, photo, video, and research finding on
11
tourism distributed in form of printed and/or
electronic material.
Item j
By “tourism consultant service business” shall
mean the business providing suggestion and
recommendation on feasibility study, planning,
business management, research, and marketing
in tourism sector.
Item k
By “guide service business” shall mean the
business providing and/or coordinating the
tour guide personnel to fulfill the tourists’
needs and/or travel agents’ need.
Item l
By “water tour business” shall mean the
business organizing water tours and sports,
including the provision of facilities and
infrastructure and other services managed
commercially in the sea waters, beach, river,
lake, and dam.
Item m
By “spa business” shall mean the care business
providing service with combination method of
water therapy, aroma therapy, massage, herbs,
healthy food/drink service, and physical
activity with the objective balancing the soul
12
and body by remaining taking into account the
Indonesian tradition and culture.
Paragraph (2)
Self-explanatory.
Article 15
Paragraph (1)
Self-explanatory.
Paragraph (2)
The procedure of registration regulated in the
Regulation of Minister shall be technical and
administrative in nature fulfilling the principle
in the transparent public service administration,
covering among others, simple service procedure,
easy technical and administrative requirement,
fast accomplishment time, accessible service
location, clear service standard, and open service
information. The public service administration
shall be accountable, both to the public and to
the management/director of the government agency
service unit (accountable).
Article 16
Self-explanatory.
Article 17
Item a
By “policy on tourism business reserving” shall
mean providing business protection and opportunity
13
for the micro, small and medium scale business and
cooperatives according to the provisions of the
legislation.
Item b
Self-explanatory.
Article 18
By “managing” shall mean planning, organizing, and
controlling all tourism affairs.
Article 19
Paragraph (1)
Self-explanatory.
Paragraph (2)
Item a
Self-explanatory.
Item b
By “consignment” shall mean the right of every
person or community to place the commodity to
sale through the tourism business which
payment will be made later on.
Item c
By “management” shall mean the right of every
person or community to manage its resources in
supporting the tourism business activity, for
example the provision of transportation around
the destination to support the tourist
movement.
14
Article 20
Item a
Self-explanatory.
Item b
By “tourism service according to the standard”
shall mean the services provided to the tourists
based on the business qualification standard and
human resources competence standard.
Item c
Self-explanatory.
Item d
Self-explanatory.
Item e
Self-explanatory.
Item f
Self-explanatory.
Article 21
Self-explanatory.
Article 22
Self-explanatory.
Article 23
Self-explanatory.
Article 24
Self-explanatory.
Article 25
Self-explanatory.
15
Article 26
Item a
Self-explanatory.
Item b
Self-explanatory.
Item c
Self-explanatory.
Item d
Self-explanatory.
Item e
By “tourism business with high risk activity”
shall cover, among others dive tour, rafting, rock
climbing, jet coaster game, and visiting certain
tour object, such as seeing the wildlife in the
wild.
Item f
Self-explanatory.
Item g
Self-explanatory.
Item h
Self-explanatory.
Item i
Self-explanatory.
Item j
Self-explanatory.
16
Item k
Self-explanatory.
Item l
Self-explanatory.
Item m
Self-explanatory.
Item n
Self-explanatory.
Article 27
Paragraph (1)
Self-explanatory.
Paragraph (2)
By “certain species” shall mean group of protected
flora and fauna.
By “uniqueness” shall mean a condition or thing
having specialty/privilege being the target or
objective of tourists visit, such as relief,
sculpture, and traditional house.
By “authentic value” shall mean the authenticity
value being the target or objective of tourist
visit, such as cultural conservation.
Article 28
Self-explanatory.
Article 29
Self-explanatory.
17
Article 30
Self-explanatory.
Article 31
Self-explanatory.
Article 32
Self-explanatory.
Article 33
Paragraph (1)
Self-explanatory.
Paragraph (2)
Item a
Provisions on strategic coordination in customs
service sector shall be carried out with the
government agency responsible for customs sector
in case of facilitating the entry and exit of
goods for many tourism activities, among others,
for meeting, incentive travel, conference and
exhibition; for international tourism promotion,
and for other international tourism activities.
Provisions on strategic coordination in
immigration service sector shall be carried out
with the government agency dealing with the
immigration in case of facilitating:
a. the issue of short visit visa free (BVKS) or
visa free and or visa on arrival (VOA) and
18
b. issue of visa to the participants of meeting,
incentive travel, conference, and exhibition
from the other countries obtaining BVKS and
VKSK facilities.
Provisions on strategic coordination in quarantine
services sector shall be carried out by the
government agency dealing with quarantine and
health sectors with the clear and strict
procedures in case of:
a. entry and exit of animal and vegetation
relating to the tourism/meeting, incentive
travel, conference and exhibition activities;
and
b. entry and exit of material/goods in the
interest of tourist.
Item b
Provision on strategic coordination in security
and orderliness sector shall be carried out with
the Government agency in the domestic governance
sector, the Indonesian National Police and
Indonesian Armed Forces in case of:
a. security policy and service in the national
and regional tourism vital object environment;
b. stipulation of security and orderliness
standard as well as tourism travel
19
supervision, since the arrival, during travel,
and until back to home; and
c. provision of information on conducive and safe
tourism destination condition to be visited by
providing early warning of the existence of
disaster.
Item c
Provisions on strategic coordination in public
infrastructure sector shall be carried out by the
government agency in case of the availability and
maintenance of:
a. road infrastructure to and in tourism
destinations environment;
b. clean water for public facility and tourism
facility at the tourism destination;
c. electricity for public facility and tourism
facility in the tourism destination;
d. telecommunication facility for public facility
and tourism facility in the tourism
destination, and
e. sewerage, garbage, and sanitation system.
Item d
Provisions on strategic coordination in the land,
sea, and air transportation shall be carried out
by the government agency in the transportation
sector in case of:
20
a. increase in the flight line and frequency of
foreign airlines and national airline from the
foreign tourist market main sources;
b. increase in the quality of airport, bus
terminal, railway station and sea port
facility fulfilling the International Ship and
Port Facility Security Code (ISPS Code);
c. increase in transportation facility comfort;
d. integration of transportation mode;
e. availability of pioneer transportation service;
and
f. availability of travel sign/direction toward
the tourism attractiveness and tourism
destination.
Item e
Provisions on strategic coordination in tourism
promotion sector shall be carried out by the
government agency dealing with the foreign,
industry, trade, investment, and Regional
Government sectors in case of integrated promotion
in tourism, trade, industry, and investment
sectors and joint promotion in tourism sector by
involving the Regional Governments, airline, and
tourism industry.
Article 34
Self-explanatory.
21
Article 35
Self-explanatory.
Article 36
Self-explanatory.
Article 37
By “policy maker element” shall mean the determinant
formulating and stipulating the policy on task
implementation of the Indonesian Tourism Promotion
Board.
By “executive element” shall mean policy executive
performing the operational task of the Indonesian
Tourism Promotion Board.
Article 38
Self-explanatory.
Article 39
Self-explanatory.
Article 40
Self-explanatory.
Article 41
Self-explanatory.
Article 42
Self-explanatory.
Article 43
Self-explanatory.
Article 44
Self-explanatory.
22
Article 45
Self-explanatory.
Article 46
Self-explanatory.
Article 47
Self-explanatory.
Article 48
Self-explanatory.
Article 49
Self-explanatory.
Article 50
Self-explanatory.
Article 51
Self-explanatory.
Article 52
Self-explanatory.
Article 53
Self-explanatory.
Article 54
Self-explanatory.
Article 55
Competency certification shall be issued by the
professional certification institution obtaining
license from the Professional Certification National
Board. The certificate shall be issued after passing
the competency test carried out based on the
23
competence standard prepared jointly by the government
agency in tourism sector, tourism association,
businessman, and academician.
Article 56
Paragraph (1)
Provisions on expatriate in tourism sector is
required as long as his/her expertise cannot yet
be fulfilled or the Indonesian manpower is not yet
available as long as not contradictory to the
international agreement.
Paragraph (2)
Self-explanatory.
Article 57
Self-explanatory.
Article 58
Self-explanatory.
Article 59
Self-explanatory.
Article 60
Self-explanatory.
Article 61
Self-explanatory.
Article 62
Self-explanatory.
Article 63
Self-explanatory.
24
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.
Jakarta, November 23, 2011
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.
SUPPLEMENT TO OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA
NUMBER 4966