New Law on Architect

Background

On 8 August 2017, the government of Republic of Indonesia promulgated the Law Number 6 of 2017 on Architect (“Law 6/2017”). The implementing regulations of the Law 6/2017 must be stipulated at the latest 2 years from the promulgation of Law 6/2017.

The background of the issuance of Law 6/2017 is due to the absence of specific regulation on the architect. Therefore, the Law 6/2017 is promulgated with the intentions as follows:

  1. to provide legal basis and certainty for the architect;
  2. to provide protection to the architect’s service user and the society in the architect practice;
  3. to give direction to the growth and development of highly competitive architect profession as well as has the skills and quality work;
  4. to encourage the improvement of architect’s contribution in the national development through the mastery and the advancement of science, technology, and art; and
  5. to improve the role of architect in order to realize the implementation of environmentally sound development as well as to maintain and develop the culture and civilization of Indonesia.

General Provisions

Architecture is a result of application of science, technology, and art as a whole in composing the space and the built environment as a part of culture and civilization which fulfills the function rules, construction rules, and aesthetic rules, including safety, security, health, comfort, and convenience (“Architectural”). Architect practice is the implementation of the activity to produce the Architectural works which covers the planning, design, supervision, and/or review to the building and its environment, as well as related to the area and city (“Architect Practice”). A person who performs the Architect Practice is called as architect (“Architect”).

The scope of service of Architect Practice covers:

  1. preparation of preliminary studies of Architectural;
  2. design of building and its environment;
  3. preservation of building and its environment;
  4. design of building layout and its environment;
  5. preparation of technical design document i.e.: (i) drawing design document, (ii) work plan and requirements document, and (iii) budget plan document; and/or
  6. supervision of Architectural aspect during the construction of building and its environment, i.e. the inspection activity and examination of the implementation of the construction in accordance with the Architectural design or building design which covers the regular supervision and integrated supervision.

The scope of Architect Practice may be performed along with other profession which covers:

  1. city planning and use of the land;
  2. project management and construction management;
  3. community assistance; and/or
  4. other construction, i.e. planning of monument construction, statue, and bridge.

Delivery of service of Architect Practice must fulfill the performance standards of Architect which forms a benchmark that guarantees the efficiency, effectivity, and quality requirements. Performance standards of Architect covers the ability of the Architect in providing the result of:

  1. drawing design document, i.e: (i) design concept, (ii) pre-design, (iii) design development, and (iv) shop drawing;
  2. work plan and requirements document, that is the document of the technical specification explaining the (i) variety, (ii) type, and (iii) characteristic of the used material in detail and thoroughly;
  3. document of work volume calculation plan that is the document containing the list of main work to be conducted during building construction period along with the calculation of its work volume; and/or
  4. document of regular supervision.

Performance standards of Architect shall be further regulated in a minister regulation.

Requirements of Architec

1.Architect Registration Certificate

To become an Architect, a person must have the Architect Registration Certificate (“ARC”). This obligation is exempted to a person who designs simple building and traditional building.

The provisions of ARC are as follows:

  1. at least includes (i) competency of the architect, and (ii) validity period;
  2. valid for 5 years and may be re-registered by following the continuing professional development;
  3. is invalid due to: (i) expiration and not re-registered (ii) upon the request of ARC holder; (iii) the holder of ARC dies; or (iv) the holder of ARC changes his nationality;
  4. is revoked if the holder of ARC (i) becomes convicted in a case of architect malpractice; or (ii) commits a gross violation of Architect code of ethics.

2. License

In the implementation of building, any Architect must have a license which is a written evidence that is applied as certificate of caretaker of the Architect Practice during the arrangement of building construction permit and other permit (“License”). Architect who does not possess a License is obliged to cooperate with other Architect possessing the License.

To obtain the License, an Architect must:

  1. possess the ARC;
  2. obtain recommendation from professional organization.

License shall be issued by the regional government. The procedures of issuance of License shall be regulated further under the government regulation.

3. Foreign Architect

Foreign architect is an architect with a foreign nationality who performs the Architect Practice in Indonesia (“Foreign Architect”). Foreign Architect that is willing to practice in Indonesia must fulfill: (i) competence requirements evidenced by a competence certificate of its origin nationality and be registered in Indonesia by a letter of registration, and (ii) licensing requirements conducted in accordance with the prevailing laws and regulation in employment sector.

Foreign Architect must:

a. Conduct the transfer of expertise and the transfer of knowledge by:

  1. developing and improving the Architect Practice services on the office where he/she works;
  2. transfering his/her knowledge and professional ability to the Indonesian Architect; and
  3. providing education and/or training to an educational institutions, research institutions, and/or development institutions in Architectural sector free of charge.

that will be supervised by the minister in public works sector.

2. Partnering with an Indonesian Architect, in which the Indonesian Architect shall be the caretaker of the Architect Practice.

Rights and Obligations

  1. Rights and Obligations of an Architect

When performing Architect Practice, an Architect has the following rights, which is applicable to the Foreign Architect as well:

  1. to obtain legal protection guarantee as long as the Architect Practice is performed in accordance with code of ethics of Architect and performance standards of Architect in Indonesia;
  2. to obtain information, data, and other complete and true documents from the user of Architect services in accordance with the needs and requirements of the laws;
  3. to register intellectual property rights of his/her work(s);
  4. to receive fee of the work in accordance with the working agreement;
  5. to get coaching and opportunities in improving the professional competence of Architect.

Meanwhile, the obligations of an Architect, which applies to the Foreign Architect as well, are as follows:

  1. to perform Architect Practice in accordance with the expertise, code of ethics of Architect, possessed qualification, and performance standards of Architect;
  2. to complete the works in accordance with the working agreement
  3. to perform its profession regardless of ethnic, religion, race, gender, class, social, political, and cultural background;
  4. upholding the value of Indonesian culture;
  5. updating science and technology through the development of sustainable professions;
  6. to prioritize the safety and health rules and environmental sustainability;
  7. striving for innovation and added value in the Architect Practice;
  8. to prioritize the usage of domestic resources and products;
  9. to provide Architect Practice services in relation to the social interest free of charge;
  10. recording the work of Architect in accordance with performance standards of Architect;
  11. to implement the policies in accordance with the prevailing laws and regulations; and
  12. to follow the performance standards of Architect as well as comply to all professional requirements determined by the professional organization.

2. Rights and Obligations of Architect Services User

User of Architect services is entitled to:

  1. obtain Architect Practice services in accordance with service agreement;
  2. obtain complete and true information upon the services and results of Architect Practice;
  3. obtain legal protection upon the services and results of Architect Practice;
  4. express his/her opinion and get feedback on the implementation of Architect Practice;
  5. reject the result of Architect Practice which is not in accordance with the working agreement; and
  6. perform legal action upon the violation of the working agreement in accordance with the provisions of laws and regulations.

Architect services user is obliged to:

  1. provide complete and correct information, data, and document pertaining to the work to be performed;
  2. follow the guidance of the Architect in accordance with the working agreement;
  3. pay the fee of the work in accordance with the working agreement according to the Architect professionality standard; and
  4. comply with the prevailing regulations in the working site.

Professional Organization

  1. General

Architect(s) gathers in a professional organization which is the only forum of Architect profession (“Professional Organization”). Professional Organization is formed to guarantee the quality and professional accountability of the Architect.

Professional Organization is a reliant and independent organization, as well as a national and having international networking. Professional Organization is domiciled in the capital city of Republic of Indonesia. Organization structure, duties, authorities, working procedures, and code of ethics shall be further determined in the articles of association and by-laws of the Professional Organization.

  1. Code of Ethics of Profession

In performing their profession, an Architect must be guided and comply with the code of ethics of the Architect. The code of ethics shall be made by the Professional Organization by forming an honorary council of ethics. Structure, function, duties, authorities of the council shall be determined in the articles of association and by-laws of the Professional Organization.

  1. Duties and Authorities of the Professional Organization

In general, the duties of the Professional Organization under the Law 6/2017 are as follows:

  1. coaching its member c;
  2. determine and enforce the code of ethics of the Architect;
  3. arrange and supervise the implementation of the development of sustainable profession;
  4. communicate, arrange, and promoting the activity of Architect Practice;
  5. provide feedback to the Architect higher education pertaining to the development of Architect Practice;
  6. provide feedback to the minister in public works sector pertaining to the scope of service of the Architect Practice;
  7. develop the Architecture and preserve the value of Indonesian culture (including to preserve the archipelago traditional Architecture); and
  8. protect the user of Architect service.

In general, the authorities of the Professional Organization under the Law 6/2017 are as follows:

  1. arrange education and training to its member in the Architect Practice;
  2. provide advocacy to its member in the Architect Practice;
  3. give reward to its member;
  4. impose sanction to its member upon the violation of the code of ethics of the Architect; and
  5. prepare data basis for the registration process of the Architect

Administrative Sanction

Architect violating the following provisions:

  1. perform the Architect services without complying to the performance standard of the Architect, shall be imposed to the following administrative sanctions:
    1. written warning;
    2. temporary suspension of of Architect Practice;
    3. freezing of ARC; and/or
    4. revocation of ARC;
  2. does not possess the ARC, except for those who design simple building and traditional building, shall be imposed to administrative sanction in the form of termination of Architect Practice;
  3. to the Foreign Architect who does not fulfill the competency requirements shall be imposed with administrative sanctions in the form of:
    1. written notification;
    2. suspension of Architect Practice; and/or
    3. freezing of registration letter.

Further provisions regarding the implementation of administrative sanction shall be regulated further under the minister regulation.


Rizky Natalia

 

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