Second Amendment of Government Regulation on the Business and Role of the Construction Services Association

Government Regulation No. 92 of 2010 on the Second Amendment of Government Regulation No. 28 of 2000 on the Businesses and Role of Construction Services Association (‘Regulation’) has been issued to implement Supreme Court Decision No. 11 P/HUM/2010, dated 5 August 2010, which ordered the annulment and revocation of certain provisions of Government Regulation No. 4 of 2010 (the first amendment to Government Regulation No. 28 of 2000).

The Regulation repeals Articles 10 (4), 26, 29A and 29B. Previously, these provisions have been amended to mandate that the operation of the construction service association be governed by Ministerial or Gubernatorial Regulation. However, the Supreme Court considered that such provisions were contrary to the spirit of the role of the construction services association that has to be an independent and autonomous body (as per Article 31 (3) of Law No. 18 of 1999). Therefore, by revoking these provisions, the implementation of the role of the construction services association has returned to the construction services association itself, as the independent and autonomous board.

For a brief overview of Government Regulation No. 4 of 2010 on the First Amendment of Government Regulation No. 28 of 2000 see ILB Number 1307 9 February 2010.

The Regulation has been in force since 29 December 2010.