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Architect Under The Draft of Employment Creation (Omnibus Law)

By June 10, 2020 No Comments

The government has drawn up a draft of the Omnibus Law Bill which consists of Employment Creation Law, Tax Facilities Law and state Capital Law. On 12 February 2020 the chief of the House of Representatives has received an academic paper and a draft of the Employment Creation law for further discussion. The Employment Creation Law consists of 174 articles and 79 affected laws and one of the laws amended in the draft of Employment Creation Law is Law No. 6 of 2017 on Architect (“Law No. 6/2017”). Article 26 of the Employment Creation Law draft regulates the changes to Law No. 6/2017 concerning Indonesian Architect Council, architect performance standards, Architect Registration Certificates, licenses, foreign architects, development and sanctions for architect practice.

This writing will only focus on the amendment of Law No. 6 of 2017 on Architect in the draft of Employment Creation Law.

Indonesian Architect Council

An architect is a person who organizes activities to produce architectural works which include planning, design, supervision and/or assessment for building and its environment as well as those related to the area and city. Architect Practice Services include:

  1. City planning and land use;
  2. Project management and construction management;
  3. Community assistance; and/or
  4. Other construction.

In order to assist the Central Government in organizing architectural professionalism, the Indonesian Architect Council (“Council“) is formed which is an independent body. The Council is formed by a Professional Organization and consists of 9 (nine) people consisting of:

  1. Member of the Professional Organization;
  2. Architect Services Users; and
  3. Universities

Referring to the draft of Employment Creation Law, the tasks of the Council will be to stipulate terms for Architects to do the Architect Practice and will be confirmed by the Central Government.

Architect Performance Standards

In providing their services an Architect must meet Architect’s performance standards to ensure efficiency, effectiveness and quality requirements that are used as guidelines in the implementation of Architect Practice. Previously in Article 5 paragraph (3) of Law no. 6/2017 Architect’s performance standards has been regulated and further arrangements are regulated by Ministerial Regulation. The related Ministerial Regulation that has been issued was Minister of Public Works and Public Housing Regulation No. 19/PRT/M/2017 of 2017 concerning Minimum Remuneration Standards for Construction Workers at the Expert Position for Construction Consultant Services. Nonetheless, in the draft of Employment Creation Law the Architect’s performance standards are no longer stipulated in detail and will be regulated further by a Government Regulation.

Architect Registration Certificate

In conducting Architect Practice, a person must have an Architect Registration Certificate (“ARC“). In the case of construction of simple buildings and traditional buildings, Law No. 6/2017 does not require an ARC. Specifically for the construction of simple building and traditional building, ARC and involvement of an Architect are not required.

To obtain ARC, Article 7 jo. Article 10 Law No. 6/2017 has established the following conditions:

  1. Participate in an internship program continuously for a minimum of 2 (two) years for those who have graduated from the Architecture education program or have the shortest 10 (ten) years of Architect Practice work experience for those who have gone through the learning recognition mechanism in the past;
  2. Have a competency certificate obtained through the Competency Test held in accordance with the statutory provisions;
  3. Architect Registration Certificate is valid for 5 (five) years and can be re-registered by participating in the Continuing Professional Development.

Provisions regarding the procedure for issuing and revoking ARC which is previously regulated by a Ministerial Regulation will be regulated by a Government Regulation (vide Article 26 of the draft of Employment Creation Law).

Licenses

Any Architect conducting the implementation of a building must have a License. License is a written proof that serves as a certificate of responsibility for the Architect Practice in the implementation of building permits and other permits. If an Architect does not have a License, that Architect must cooperate with an Architect who has a License. To have a License, the Architect must:

  1. Obtain an Architect Registration Certificate; and
  2. Obtain a recommendation from the Professional Organization.

Based on Article 14 paragraph (3) of Law No. 6/2017 the License is issued by the provincial government, but in the draft of Employment Creation Law this authority will be transferred to the Central Government.

Foreign Architects

Foreign Architects may work in the territory of Indonesia by fulfilling the conditions stipulated in Article 18 to Article 20 of Law No. 6/2017, as follows:

  1. Has a competency certificate according to the country’s law and registered in Indonesia;
  2. Comply with permits in accordance with the provisions in employment;
  3. Transferring skills and knowledge to local Architect;
  4. Partnering with local Architect who will be in charge for Architect Practice.

Specifically for the requirements regarding skills transfer and knowledge transfer in point (c) above, the authority entitled to supervise their implementation is amended in the draft of Employment Creation Law which is originally supervised by the Minister to be changed to the Central Government. Further provisions will be regulated by Government Regulation.

Architect Development

The draft of Employment Creation Law removes Article 36 and Article 37 of Law No. 6/2017 related to the development of Architects and all will be summarized in the amendment of Article 35 of Law No. 6/2017. Architect development is carried out by the Central Government and will be assisted by the Council in carrying out the functions of regulating, utilizing and supervising Architect Practice. Further provisions regarding the development of Architects which is previously governed by a Ministerial Regulation will be regulated by a Government Regulation.

Administrative Sanctions

The draft of Employment Creation Law removes Article 39 to Article 41 of Law No. 6/2017 related to administrative sanctions and all will be summarized in the amendment of Article 38 of Law No. 6/2017. Administrative sanctions will be imposed on any Architect who violates the provisions regarding Architect’s performance standards, Architect Registration Certificate and Foreign Architect requirements. The draft of Employment Creation Law gives the authority to impose administrative sanctions to the Professional Organization. However, the sanctions will no longer be stipulated in detail under the draft of Employment Creation Law but will be regulated by Government Regulation.

Closings

In general, the provisions regarding architectural standards, services and practices do not change much in the draft of Employment Creation Law. Matters that will be changed only related to the authority originally held by the Minister and the provincial government  transferred to the Central Government, in line with the purpose of the Employment Creation Law establishment, namely authority regarding:

  1. Inauguration of the Indonesian Architect Council;
  2. Issuance of License;
  3. Supervision of skills and knowledge transfer by Foreign Architects to local Architects; and

Architects development, through the Indonesian Architect Council.

 

Herdiasti Anggitya