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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

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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.

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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.

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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.

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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.

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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

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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

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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

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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.

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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

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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;

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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.

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(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;

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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

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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

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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.

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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

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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;

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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;

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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,

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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;

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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;

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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;

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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.

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(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

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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.

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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.

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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

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(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

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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.

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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

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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

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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

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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;

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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.

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(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.

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(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

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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

25