STATE GAZZETTE OF WEST NUSATENGGARA PROVINCE NUMBER 2 YEAR 2016

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1 STATE GAZZETTE OF WEST NUSATENGGARA PROVINCE NUMBER 2 YEAR 2016 PROVISCIAL REGULATION OF WEST NUSATENGGARA NUMBER 2 YEAR 2016 ON HALAL TOURISM BY THE GRACE OF THE ONLY GOD ALMIGHTY GOVERNOR OF WEST NUSATENGGARA, Considering: a. that torism is one aspect of developement in economy that is accelerating the local ecomonic development and community s prosperity; b. that tourism industry stake holders, either government or the Council of Indonesian Ulama, private, and all elements of community, work together to develop Halal Tourism; c. that West Nusatenggara as one of tourist destination in Indonesia, ahwa Nusa Tenggara Barat sebagai salah satu destinasi wisata di Indonesia, each tourism industry stake holder should prepare tourism facilities meeting the Halal Tourism Standard; d. that Halal Tourism is a concept integrating the sharia values into tourism activities by supplying facilities and services meeting the provision of sharia; e. that based on the these considerations in point a, point b, point c, and point d, it is necessary to issue the provincial regulation on Halal Tourism; Refering to: 1. Article 18 paragraph (6) Constitution of the Republic of Indonesia 1945; 2. Laws Number 64 Year 1958 on Pembentukan Daerah-daerah Tingkat I Bali, Nusa Tenggara Barat dan Nusa Tenggara Timur (State Gazzette of the Republic of Indonesia Year 1958 Number 115, Additional Gazzette of the Republic of Indonesia Number 1694); 3. Laws Number 10 Year 2009 on Tourism (State Gazzette of the Republic of Indonesia Year 2009 Number 11, Additional Gazzette of the Republic of Indonesia Number 4966); 4. Laws Number 23 Year 2014 on Local Government (State Gazzette of the Republic of Indonesia Year 2014 Number 244, Additaional Gazzette of the Republic of Indonesia Number 5587) as has been changed many times into Laws Number 9 Year 2015 on the Secnd Change on the Laws Number 23 Year 2014 on Local Government (State Gazzette of the Republic of Indonesia

2 Year 2015 Number 246, Additional Gazzette of the Republic of Indonesia Number 5589); 5. Givernment Regukation Number 50 Year 2011 on Master Plan of National Tourism development (State Gazzette of the Republic of Indonesia Year 2011 Number 125, Additional Gazzette of the Republic of Indonesia Number 5262); 6. Ministerial Regulation of Minister of Tourism and creative Economy Number 2 Year 2014 on Reference Sharia Hotel Management (Official Gazzette of the Republic of Indonesia Year 2014 Number 74); 7. Local Government Regulation Number 3 Year 2008 on Long-term Development Plan Year (Provincial Gazette of West Nusatenggara Year 2008 Number 32) as has been changed into Local gaverment Regulation Number 1 Year 2014 on the Change of Local Government Regulation Number 3 Year 2008on Longterm Development Plan Year (Provincial Gazette of West Nusatenggara Year 2014 Number 1); 8. Local Gvernment Rgulation Number 4 Year 2009 on the Midterm Development Plan Year (Provincial Gazette of West Nusatenggara Year 2009 Number 14); 9. Local Government Regulation Number 7 Year 2013 on Mater plan Of Local Tourism Development (Provincial Gazette of West Nusatenggara Year 2013 Number 7); DECIDING: Determining : PROVINCIAL REGULATION ON HALAL TOURISM. CHAPTER I GENERAL PROVISION Article 1 In this Provincial Regulation, the meaning of: 1. Provincial is The Province of West Nusatenggara. 2. Local Government is the Governor and the staffs as the government elements running tehe local government activities. 3. Governor is the Governor of West Nusatengara. 4. Agency is the Agency of Culture and Tourism of West Nusatenggara Province. 5. District/Municipality Government is the Government of District/Municipality in West Nusatenggara. 6. National Sharia Board of Council of Indonesian Ulama, which is from here on mentioned as NSB-CIU is a part of structure of Council of Indonesian Ulama which acts as the Certification Institution who provide certification of Sharia Tourism Buisness. 7. Halal Tourism Management is a person and/or a company serving accommodation, food and beverage, travel biro, SPA in Halal destination.

3 8. Provincial Tourism Forum which is from here on mentioned as PTF is a Froum of participation of related stake holders, either intersectoral, inter-stake holder, or inter area to boost the tourism development integratedy synergical, and sustainable. 9. Provincial Tourism Promotion Board which is from here on mentioned as PTPB is private (non-governmental) board to independently promote tourist destination in West Nusatenggara. 10. Indonesian Hotel and Restaurant Association which from here on mentioned as IHRA is a non-profit association of hotel and restaurant owners as well as the processionals who is focusing their activities on the development and growth of vital sectors of tourism industry in west Nusatenggara. 11. Association of The Indonesian Tours and Travel Agencies which is from here on mentioned as ASITA of West Nusatenggara is an organisation of tour and travel agencies in all Indonesian territory which have braches in each province of Indonesia. 12. Tourist Guide Association which is from here on mentioned as TGA is an organisation Indonesian Tourist Guide in West Nusatenggara. 13. Tour is traveling activities of a person or group visiting a certain place fro purpose of refreshing, self-developing, or learning a unique attarction in a temporary time. 14. Tourism is any tour activities supprted by facilities and services provided by the community, enterpreneurs, Government, and Local Provincial Government. 15. Local Tourist Destination which is from here on mentioned as tourist destination is a geographical territory located in one or two administrative area which consists of inter-related tourism beauty, public facilities, tourism facilities, accessibility, and community that support tourism. 16. Halal Tourism is visiting activities with destination and tourism industry providing products, services, and tourism management that meet the sharia standard. 17. Accommodation is any of star and non-star hotels. 18. Certificate is written permission provided by NSB-CIU for hotel that pass the standard criteria examined for the Sharia Hotel Business. 19. Tour and Travel Biro is a biro of tour and travel and the agents of tour and travel including those that prepare tour package plan and/or service of tourism including for worship. 20. Food and Beverage Business is a business providing food and beverage equipped with instruments and equipments to process the food and beverage such as restaurant, cafe, catering, and bar. 21. Accommodation Business is a business that provide service and inn which is supported by facilities such as hotel, villa, tourism inn, camping court, home stay for caravan group, and other accommodation for the purpose of tourism. 22. Guide service business is a business providing and/or coordinating guide personals to help tourist in fulfilling their tour and/or travelling needs.

4 23. Salus Per Aquam Business which is from here on mentioned as SPA Business is a business of care service with the combined method of water therapy, aromatic therapy, massage, medicine spices, healthy food and beverage, and physical activities to balance soul and physic as well as by considering the tradition and culture of Indonesia. 24. Tourist Attraction is objects of tourism either places or activities in tourist destination area which became the beauty of the destination. Article 2 The aim of regulating Halal Tourism in this Provincial Regulation is to provide security and convenience for tourists in order that they take pleasure in the tour safely, halal and to facilitate the tourists and management of tourism activities. Article 3 The objective of regulating Halal Tourism is as the guideline for tourism management in providing Halal Tourism service to the tourists. Article 4 Halal Tourism application is based on: a. transparancy; b. accountability; c. equality/fairness; dan d. participation; CHAPTER II SCOPE Article 5 The scope of regulating Halal Tourism in the Provincial Regulation includes: a. destination; b. marketing and promotion; c. industry; d. institution; e. assisting dan controlling; and f. financing. III DESTINATION OF HALAL TOURISM Part One Facilities Article 6 (1) Halal Tourism Destination includes attraction, natural, and cultural tourism.

5 (2) Halal Tourism Destination Management should build public facilities to support the convenience of halal tourism activities. (3) Public facilities as mentioned in paragraph (2) includes: a. places and equipment of prayer for Moslem tourists; and b. facilities for ablution that meets the sharia standard; Part Two Community Empowerment and Role Article 7 (1) Community empowerment through halal tourism includes: a. strengthening the community awareness; b. improving capacity and role of community in business management; and c. improving community s income generation. (2) Strengthening community awareness as mentioned in paragraph (1) point a is conducted through socialisation on the application of halal tourism. (3) Improving the capacity and role of community as mentioned in paragraph (1) point b includes: a. improving the comprehension, support and participation of community in managing halal tourism; b. improving the motivationa and capability of community in managing halal tourism; and c. involving community in formulating policies related to halal tourism. (4) Improving community s income generation through halal tourism business as mentioned in paragraph (1) point c includes: a. creating business opportunity in halal tourism; or b. providing incentive. Part Three Develping Invesment in Halal Tourism Article 8 (1) policy in developing halal tourism includes: a. granting incentive for invetment as mentioned in regulationa; b. improving facilitation of investment; and c. improving promotion. (2) Improving incentive for investment as mentioned in paragraph ayat (1) point a, includes: a. Improving gradually tax relief for foreign investment in halal tourism sector; and b. Improving tax serbice for foreign investment in halal tourism sector.

6 (3) Imrpving facilitation in the investment in hahal tourism asmentioned in point b, includes: a. developing debirocratisation in tourism; and b. developing deregulation of regulation that threats the licensing. (4) Imrpoving thebpromotion of investment in halal toursim as mentioned in paragraph (1) point c, includes: a. Spreading the information about the opportunity of investment in area of toruism; b. Improving promotion of investment in toruism internationally and domestically; and c. Improving synergic promotion between toruism investment and other related sectors. CAHPTER IV MARKETING AND PROMOTIO OF HALAL TOURISM Article 9 (1) Provincial Government and District Government together promote halal tourism. (2) The strategy of marketing and promoting Halal toruism as mentioned in paragraph (1) can be conducted in some activities: a. Mapping and analyzing market opportunity and initiating marketing in potential market; b. Developing and improving the image of Provincial Territory as halal tourism destination; c. Developing the image of Provincial tourim area as safe, convinion and competitive halal toruism destination; d. Improving marketing role of media in marketing and promoting halal torusim; and e. Developing integrated, synergic, and sustainable partnership in marketing. Article 10 The implementation of marketing and promotion of halal tourism as mentioned in paragraph 9 can involve PTPB, NSB-CIU, ASITA, PTF, IHRA, and TGA. CHAPTER V TOURISM INDUSTRY Part One Conventional Tourism Industry Article 11 (1) Conventional tourism industry is a tourism business selling service and tourism product which is not meeting the standard of sharia principles.

7 (2) Conventional tourism industry as mentioned in paragraph (1) should provide : a. Qiblat directions in hotel rooms; b. Information about the nearest mosques; c. Prayer rooms for moslem tourists and employees; d. Information about halal/non-halal products; e. Separated ablution facilities for man and women; f. Facilities for prayer; and g. Separated urinoir for man and women that ease them to take ablution. Part Two Halal Tourism Industry Paragraf 1 General Provision Article 12 Halal Tourism Industry is a tourism business selling service and tourism product which is meeting the standard of sharia principles as defined by NSB-CIU. Article 13 (1) Halal Tourism Industry as mentioned in article 12 includes: a. accommodation; b. travel biro; c. restorant; and d. SPA; (2) Halal Tourism Industry management follows the provisions defined by DSN-MUI. Paragraf 2 Accommodation Article 14 (1) In halal Toursim, accommodation should meet the standard of sharia. (2) Standard of sharia as mentioned in paragraph (1) is obtained after obtaining halal certificate from NSB-CIU. (3) Standard of sharia as mentioned in paragraph (1 includes the aspects of: a. product; b. service; and c. management.

8 (4) In case that standard of sharia as mentioned in paragraph (2) is not fulfilled yet, the accommodation should at least meet the following standard: a. Having appropriate facilities for cleansing of ablution; b. Having facilities for prayer; c. having halal food and beverage; b. Having convenient, safe, and conducive situation and facilities and situation for family and business; and c. Having clean sanitation and environment. Paragraf 3 Food and Beverage Suppliers Article 15 (1) Food and beverage suppliers in halal tourism includes restaurant, café, food stall, and catering. (2) Certified food and beverage supplier should guarantee the halal condition of food/beverage from the raw material to the serving process which is proven with certificate of halal (3) In case that halal certificate is not fulfilled, each supplier of food and beverage should label the food and beverage with clear written halal/non-halal in each pack of food and beverage, should keep the environment clean and healthy. (4) Halal food and beverage as mentioned in paragraph (2) should meet the standard defined by NSB-CIU. Paragraf 4 Halal SPA, Sauna dan Massage House Article 16 Any SPA business, Sauna business and Massage business should provide: a. Separated care facilities for man and women; b. mind therapy and physical therapy should not lead to sharia violence; c. male therapist for man and female therapist for women; and d. facilities for prayer. Article 17 (1) any halal SPA, Sauna and massage business should use product with the official logo of halal product. (2) Products with official halal logo as mentioned in paragraph (1) are: a. spices; b. herbal cosmetics;

9 c. mask; d. aroma therapy; and e. products for facial, hair, hand and nail care. Any Halal Travel Biro should: Paragraf 5 Halal Travel Biro Pasal 18 a. understand the management of halal tourist destination; b. provide the information of halal tourism package and the code of conduct in halal tourism destination; and c. should manage the tourism package that meets the criteria and standard of halal tourism based of the Standard Operational Procedure (SOP) referring to the provisions made by DSN-MUI. Article 19 Any halal Travel Biro should fulfill the following condition: a. understanding and being able to implement the values of sharia when running the business; b. having good conduct, good communication, good manner, honesty, and responsibility; c. having performance in fashion that meets the Islamic values and ethics; and d. implementing the Islamic values during the tour. CHAPTER VI INSTITUTION Article 20 (1) The institutions involved in Halal Tourism are: a. Local Government Institution; and b. Non-Government institutions. (2) Local Government institutions as mentioned in paragraph (1) point a includes Local Government Work Unit that is related to tourism coordinated by the Tourism Agency. (3) Non-Government Institutions as mentioned in paragraph (1) point b includes organisations related to tourism activities such as; PTPB, NSB-CIU, ASITA, PTF, IHRA, and TGA. Article 21 Development of halal tourism institutions should be conducted through:

10 a. Coordination with related agencies and the government of districts and municipalities; b. Maximizing the role of non-government institutions in provincial level; and c. Maximizing the halal tourism business partnership between provincial government, private business, and community. CHAPTER VII ASSISTING, CONTROLLING, AND REPORTING Part One Assisting Article 22 (1) Provincial Government assist the implementation of halal tourism. (2) Assistance as mentioned in paragraph (1) is conducted by the Agency. Article 23 (1) Assistance as mentioned in article 22 paragraph (1) should involve DSN-MUI. (2) Besides provisions mentioned in paragraph (1), assistance can involve PTPB, ASITA, PTF, IHRA, and TGA. (3) Assistance as mentioned in paragraph (1) is conducted through: a. socialization; b. stimulation; and c. supervision and training. Part Two Controlling Article 24 (1) Provincial Government conduct the control on the management of halal. (2) The control as mentioned in paragraph (1) is conducted by the Agency and may involve PTPB, NSB-CIU, ASITA, PTF, IHRA, and TGA. (3) The control as mentioned in paragraph (2) is conducted through: a. monitoring; dan b. evaluation. Part Three Reporting Pasal 25 (1) The result of assistance and control mentioned in article 23 and article 24 should be reported to the Governor.

11 (2) Report as mentioned in paragraph (1) should be delivered once every year or any time if required. CHAPTER VIII ADMINISTRATIVE SANCTION Article 26 (1) Any entrepreneur violating the provisions mentioned in article 11 paragraph (2), article 17 paragraph (1), and article 18 will get administrative sanction. (2) Administrative Sanction mentioned in paragraph (1) can be: a. Oral warning; b. Written warning; c. Temporary business ceasing; d. Permanent business ceasing; e. Temporary license revoking; f. Permanent license revoking; and/or g. Administrative fining; (3) Procedure of administrative sanction as mentioned in paragraph (2) will be further regulated in Governor Regulation. CHAPTER IX BUDGETING Article 27 The source of budget of halal tourism management of Provincial Government is: a. Budget of Revenue and Expenditure of Local Government; and/or b. other legal and unbinding sources. CHAPTER X CLOSING PROVISION Article 28 (1) All prior provisions regulating the halal tourism before this Local Government Regulation is promulgated, remains apply as long as not conflicted with this Regulation. (2) When this Local Government Regulation begins to apply, the Government Regulation Number 51 Year 2015 on Halal Tourism (Provincial State Gazette of West Nusatenggara Year 2015 Number 51) is no longer valid and no longer applies. Article 29 Governor Regulation as the implementation regulation of this Provincial Government Regulation should be promulgated no later than

12 6 (six) months since this Provincial Government Regulation is promulgated. Article 30 This Provincial Government Regulation begin to apply since the date of promulgation. to be known by all people, promulgation of this Provincial Government Regulation is to be placed in Provincial State Gazette of West Nusatenggara. Stipulated in Mataram Dated on 21 June 2016 GOVERNOR OF WEST NUSATENGGARA signed. Promulgated in Mataram Dated on 21 June 2016 H. M. ZAINUL MAJDI PROVINCIAL SECRETARY OF NTB, signed. H. ROSIADY H. SAYUTI PROVINCIAL STATE GAZETTE OF WEST NUSATENGGARA YEAR 2016 NUMBER 125 REG NO. OF PROVINCIAL GOVERNMENT REGULATION OF WEST NUSATENGGRAA: (2/141/2016) Copy corresponding with the original PROVINCIAL SECRETARY OF NTB Acting Head of Legal Biro, Dr. Muhammad Agus Patria, SH. MH. Pembina Tk. I (IV/d) NIP

13 EXPLANATION ON PROVINCIAL GOVERNMENT REGULATION OF WEST NUSATENGGARA NUMBER 2 YEAR 2016 ON HALAL TOURISM I. GENERAL Development in Tourism is one of development sectors in economy that boost the economic development in regional level in order to accelerate the economic development and community s prosperity in regional level. Development in tourism start at 4 (four) pillars; destination, promotion, tourism industry, and institution. The four pillars of tourism development will be the basic guidelines in conducting development in tourism sector. One of the sub-sectors that attracts the attention in the sector tourism development in halal Tourism. Halal tourism is a new icon of tourism development that should be developed and it attracts some attention, since it is expected to invite and attract either domestic or foreign tourists. The Tourism Development in such some countries as; New Zealand, Malaysia, Singapore, and Korea programmed halal tourism as one of the saleable objects to attract more visits to the countries, beside conventional tourism that had existed previously. West Nusatenggara as one of the regions that has potential of tourism, conduct halal tourism development that may attract foreign tourists from Middle East and Asia. Tourism in Indonesia is blossoming happy for The World Halal Travel Summit/Exhibition 2015 (WHTS15) in Abu Dhabi, United Arab Emirate (UAE) that announced that Indonesia, to be exact, Lombok, as one of the best halal tourism destination with the prize of World s Best Halal Tourism Destination and Wordl s Best Halal Honeymoon Destination. Based on that, the Provincial Government of West Nusatenggara should address the development of Halal Tourism through making regulation that can be guidelines and legal base in implementing halal tourism. II. ARTICLES Article 1 Article 2 Article 3 Article 4 Point a Transparency means the openness of the government and tourism management in the operation of halal tourism. Point b

14 Accountability means principle which determines that any policy in the activities of halal tourism operation must be accountable. Point c Principle of justice means.. Point d Participative means the involvement of community in the operation of halal tourism. Article 5 Article 6 Ayat (1) Ayat (2) Ayat (3) Point a Point b Facilities for ablution that fulfil the sharia standard such as; toilet, place for taking ablution, and bathroom. Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21

15 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 ADDITIONAL PROVINCIAL STATE GAZETTE OF WEST NUSATENGGARA NUMBER 125