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REPUBLIC OF INDONESIA STATE NEWS
No. 772, 2016 FRANKHUB. Impact Of Interest. Execution. Directions.
REGULATION OF MINISTER OF RELATIONS
REPUBLIC OF INDONESIA
NUMBER PM 61 IN 2016
ABOUT
HINT OF IMPLEMENTATION OF THE CLASH OF INTERESTS AT
THE MINISTRY OF RELATIONS
WITH MERCY OF GOD ALMIGHTY
MINISTER OF INDONESIAN RELATIONS REPUBLIC OF INDONESIA,
DRAWS: A. that in order to increase implementation of tata
governance of good and free governance
corruption, collusion and nepotism are required
a condition that is free of the impact of interest;
b. that in alignment efforts with
established the Regulation of Minister of Pendayagunaan
Aparatur State and Bureaucratic Reforms Number 37
Year 2012 on the Handling General Guidelines
The Importance and for the repeat
an ununiform understanding of impact
interests that may incur interpretation
vary so that it affects ASN performance in
the Ministry of Transportation environment, necessary
hint of execution handling
interest in the Ministry environment
Relationship;
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c. that based on consideration as
referred to in letter a and letter b, need
set the Minister of Transportation Regulation on
Directive Handling Execution Handling
Interests in the Ministry Environment
The relationship;
Given: 1. Law No. 28 of 1999 on
The Clean State of Corruption,
Kolusi and Nepotism (Republican Gazette
Indonesia In 1999 Number 75, Auxiliary
Sheet Country Republic Indonesia Number 3851);
2. Law No. 31 Year 1999 on
Eradication Of Criminal Corruption (Sheet
The State Of The Republic Of Indonesia In 1999 Number 140,
Extra Sheet Of The Republic Of Indonesia
Number 3874) as amended with
Act Number 20 of 2001 on
Changes to Law Number 31 of Year
1999 on Eradication Of Corruption Crimes
(Sheet Country Republic Of Indonesia Year 2001
Number 134, Additional Republic of the Republic of Indonesia
Indonesia Number 4150);
3. Law No. 5 Year 2014 on
Civil Aparregulated State (Republican Gazette
Indonesia Year 2014 No. 6, Supplement
Page of the Republic of Indonesia No. 5494);
4. Government Regulation No. 6 of 1974 on
Restrictions of State Employees Activities in the Effort
Private (State Gazette Indonesia Year
1974 Number 8, Additional Gazette
Republic of Indonesia Number 3021);
5. Government Regulation No. 60 of 2008 on
Government Intern Control System (Sheet
The State Of The Republic Of Indonesia In 2008 Number 127,
Extra Sheet Of State Of The Republic Of Indonesia
Number 4890);
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6. Government Regulation No. 53 of 2010 on
Civil Servlet Discipline (State Sheet
Republic of Indonesia 2010 No. 74,
Additional Gazette Republic of Indonesia
Number 5135);
7. Presidential Decree No. 7 of 2015 on
The Organization of the Ministry of State (State Sheet
Republic of Indonesia of 2015 No. 8);
8. Presidential Rule Number 40 Of 2015 On
Ministry Of Relations (State Sheet
Republic Indonesia Year 2015 Number 75);
9. Regulation of the State Minister of Personnel
and Bureaucratic Reform Number 37 of 2012
on the General Guidelines Handling Clash
Interest;
10. Policy Minister Perrelation Number PM 189
In 2015 on Organization and Working Proceed
Ministry of Transportation (Republican State News
Indonesia Tahun 2015 Number 1844);
11. Policy Minister Perrelationship Number PM 3 Years
2016 on Organization and Agency Working
Jakarta Transport Manager, Bogor, Depok,
Tangerang, and Bekasi (Republic State News
Indonesia 2016 Number 63);
DECIDED:
SET: THE REGULATION OF REPUBLICAN RELATIONS MINISTER
INDONESIA ON THE DIRECTION OF EXECUTION
HANDLING OF THE CLASH OF INTERESTS IN
THE MINISTRY ENVIRONMENT OF THE RELATIONSHIP.
Section 1
Hint Of Execution Handling
in the Environment Ministry Environment listed
in the Attachment that is the section not
separated from this Minister's Regulation.
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Section 2
The Execution Handling Handling
in the Ministry of Transportation environment as
referred to in Section 1 is a reference to the Officials
and/or the Employee of the Service environment
The relationship to get to know, prevent and
address the impact of interest in
the execution of tasks and functions.
Article 3
Direct Acting Officer and/or the Employee performs
coaching and supervision of the execution
Instruposition of execution Impact of Impact
in the Ministry of Transportation Environment.
Article 4
The rules of the Minister are beginning to take effect on the date
promulgated.
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For everyone to know, ordered
the invitational of this Minister's Regulation with
its placement in the Republic of Indonesia News.
Set in Jakarta
on the 17th May 2016
THE MINISTER OF RELATIONS
REPUBLIC OF INDONESIA,
ttd.
IGNASIUS JONAN
Being promulded in Jakarta
on 19 May 2016
DIRECTOR GENERAL
REGULATIONS
MINISTRY OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd.
WIDODO EKATJAHJANA
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ATTACHMENT OF THE MINISTRY OF THE RELATIONSHIP MINISTER
REPUBLIC OF INDONESIA
NUMBER PM 61 IN 2016
ABOUT THE IMPLEMENTATION GUIDE
HANDLING OF THE CLASH OF INTERESTS AT
THE MINISTRY ENVIRONMENT
PERCONNECTIONHINT OF EXECUTION HANDLING OF INTEREST
IN THE MINISTRY ENVIRONMENT ENVIRONMENT
I. Prelude
A. Background
In order to increase the implementation of Governance governance
that is good (good government), free from corruption, collusion and
nepotism, creating an environment that creates behavior
positive and The conducive, as well as for a non-uniform understanding of the impact of interests that can be
gives rise to diverse interpretations so that it affects performance
Employees, need to be done prevention and handling.
against the impact of interest from the Officials and/or
Employee of the Ministry of Transportation environment. For
in support of prevention and handling of
conflicts of interest from Acting and/or employees in
Ministry of Transportation is required a hint
execution of handling clash of interests in the environment
Ministry of Transportation. Execution of execution instructions
handling conflicts of interest in the Ministry environment
The relationship refers to the laws that
related to the execution of the Ministry's duties and functions
The relationship, prevention and eradication of corruption,
implementation of bureaucratic reforms as well as regulated guidelines
The Regulation of the State of Aparlegislate Minister of State and Reform
The 37-Year-2012 bureaucracy of the General Guidelines
Impact Impact Handling.
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B. Intent And Purpose
1. Intent
The intent specified for the Implementation of the Collision Handling
The interests in the Ministry of the Environment are
as a hint of execution in attitude, behavior and
act against the presence of the conflicts of interest, for all
employees in the Ministry of Transportation environment have an understanding
a uniform about a clash of interests.
2.Purpose
The purpose of the implementation of the Execution Handling Performance Directive
The interests in the Ministry of Environment ' s Environment are:
a. Increase the implementation of good governance governance (good
government);
b. Uphold the integrity and prevent the occurrence of corruption, collusion and
nepotism (KKN);
c. Create an environment that creates positive behavior and
conducive;
d. Understand, prevent and address conflicts of interest
transparently and efficiently without decreasing performance so
The Ministry of Relations employees can perform the task accordingly
with the field of duty and responsibility
On account of a professional, integrity, objective,
independent, transparent and responsible
;
e. Prevent a waiver of service to work partners, other
parties and employees in the Ministry of Transportation environment.
C. Scope
The scope of the Implementation Handling of Interest Control at
The Ministry of Transportation Environment includes prevention and
handling of impact interests in the Ministry environment
Perrelationships.
D. General Understanding
In this Minister ' s Rule referred to:
1. Impact on Interests is a situation that has or is expected
to have influence of personal, group or other party
against the quality of the decision and/or employee actions in accordance with
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Its authority.
2. An affiliate relationship is a relationship owned by an employee
with a certain party either due to the relationship of blood, the relationship
marriage, group or group that may affect
its decision.
3. Civil servants in the Ministry of Transportation Environment are civil servants, soldiers
Indonesian National Army, member of the Republic of State Police
Indonesia and Other Employees based on the Officials Decision
which authorities are appointed in a post and work in full
on the organizational unit in the Ministry of Transportation environment.
4. Other employees were employees who were appointed to the post that
received approval from the minister who organized the affairs
government in the State of Aparatur apparatus and the Reformation
bureaucracy.
II. IMPACT OF INTEREST
A. Impact Impact
The impact form of interest is a situation that causes employees
The Ministry of Transportation does things among others:
1. receive a gratification or reward/acceptance of a gift for an
decision/title;
2. use the State Property and/or her post for
personal/golongan;
3. using post-confidential information for the benefit
personal /golongan;
4. Provide special access to certain parties without following
the procedures should be;
5. In the supervision and coaching process it does not follow the procedure
due to the influence and/or expectations of the supervised party;
6. Misuse of office;
7. Using a discretion that is abusing authority;
8. Working outside of his jobs against the law;
9. Provides more information than defined, privileged
and opportunities by means of a way against the law for prospective providers
barang/services.
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B. Interest Impact Type
Type of impact:
1. The policies of the employee who sided with the influence, relationship
close, dependency and/or gratuity of the gratification;
2. Permission granted and/or approval from the employee
discriminatory;
3. The appointment of the employee is based on the close relationship/reply/
recommendations/influence from the other employees.
4. Employment selection by employees on a decision that
is not professional;
5. Doing commercialization of public service;
6. Use of State and/or confidential information
for certain personal/group interests;
7. Supervising does not fit the norms, standards and procedures
which has been established due to the influence and/or expectations
of the supervised party;
8. Conduct an assessment of the influence of other parties and/or not appropriate
norms, standards and procedures that have been established;
9. Being part of the party has an interest in something
assessed;
10. Being a subordinate of the party is assessed;
11. Unfair and/or indicative rapi/promotion/or indicative
of the influence and/or interest of a particular party.
C. Source Impact
1. Misuse of authority, i.e. by making decisions or
actions that do not comply with the purpose or beyond the limits
the granting of the authority granted by the perinvite rule-
invitation;
2. The capture of the post, which is the employee occupying two or more posts
the public so as not being able to perform his post professionally,
independent and accountable other than those that have been set up in the Regulation
Invitation of the invitation;
3. Affiliate relationships, i.e. relationships owned by the employee with
a certain party either due to the relationship of blood, the marital relationship
nor the friendship relationship that may affect
its decision;
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4. Gratification, which is given the broad meaning of giving money,
goods, rabat, commissions, non-interest loans, travel tickets, facilities
lodgings, travel trips, free medicine and facilities
others;
5. Organization system flaws, i.e. circumstances that are constraints to
the achievement of the execution of employee authority due
due to the organization's existing structure and culture;
6. Personal interest, that is the desire/needs of an employee about
a personal thing.
III. IMPACT IMPACT
A. Basic Principle Handling Conflicts
1. In performing the task and function, each employee
is required:
a. Basing on laws, policies
and standard operating procedures (SOP) applies;
b. Basing on the professionalism, integrity, objectivity,
independence, transcendence and responsibility;
c. Does not include elements of personal or group interest;
d. Unaffected by affiliation;
e. Creating and fostering an intolerant organization culture
against a clash of interests.
2. Employees need to avoid the attitude, behavior and actions
that can result in a clash of interests.
3. Any impact is required, then the employee is required:
a. Reveals events or conflicts of interest
experienced and/or known to the taskmaster
and/or the immediate supervisor and/or the Head of the Working Unit;
b. Do not participate in any related decision making;
c. Resigning from related assignment.
4. Work Unit leaders and direct superiors must control and
handle the impact of interest adequately.
B. Reporting and Handling Impacts
1. If possible or potentially a conflict of interest situation,
employees or other parties (working partners and/or society)
who know the potential or situation clash of interests
in the Ministry environment Relationships, can report through:
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a. Direct and/or Head of the related Works Unit (s);
b. Available complaint services, such as Whistleblower System
and/or Gratification Control Units and/or via the application
Pengaduan Management System (SIMADU);
2. The impact of the impact
a. Immediate supervisor and/or Head of the Working Unit, obliged to follow up
report by checking the truth of the clash
interest of the slowest 3 (three) business days since the report
received;
b. Reported reporting through the Whistleblower System and/or
The Gratification Control Unit and/or via the SIMADU application,
forwarded to the Direct Atasan and/or the Head of the Working Unit
reporting at the slowest 2 (two) Workday counts since the
report received;
c. If the results of the examination specify no impact
interest, then direct Atasan and/or the Head of the Working Unit
put it in the form of an examination report and
inform the results of such examination to coatings;
d. The immediate supervisor and/or the Chief of the Working Unit can
establish a good name recovery if needed above
reported request, in case no evidence has been found to have
a clash of interests.
e. If the results of the examination specify or have occurred
impact, then direct Atasan and/or Unit Head
Work, can:
1) Release the report from the task in which it is concerned
experiencing impact interest;
2) Discovered employee access to information and/or authority
certain where the concerned potentially experienced
impact;
3) Proposing employee mutations to other posts that do not have
clash of interests;
4) Reassigned task and responsibility The employee who
is concerned;
5) intensified the supervision of the employee;
6) Exacts to the authorized officer and/or Ams
Law Enforcement;
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7) Establiting sanctions in accordance with the terms of the invite-
the applicable invitation;
3. All parties related to the impact of the impact
are required to maintain confidentiality in accordance with applicable terms.
4. Against any reporting and conflicting handling of interests
reported to the Inspectorate General of the Ministry of Transportation.
5. Inspectorate General conducts surveillance of any reporting
and handling clash of interests in the Ministry ' s environment
Perrelationships.
C. Efforts Required for Handling Impact
Interest
1. Commitment and firmness
Required commitment and firmness of all employees in
use its authority well by considering
integrity, agency interests, public interest, interests
employees and some other factors.
2. Special attention to certain things
Special attention needs to be done to certain things that
is considered a high risk that will be able to lead to the
situation of impact. Things that need to get attention
The special among others is:
a. Affiliate Relationship;
b. Gratification;
c. Additional or side jobs;
d. Insider information;
e. Interests in the procurement of goods and services;
f. Family and/or community demands;
g. Position in other organizations;
h. Interventions on previous posts;
i. Office Capture.
3. Avoiding the impact situation
Execution of tasks and functions in the Ministry of Transportation environment
in order to always follow the good governmentrules, therefore all
employees in carrying out tasks and function should
pay attention, avoid and protect yourself from potential
impact conflicts. Employees may early avoid
a clash of interests or conduct anticipated against
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occurrence of conflicts of interest, among others with earlier
knowing the discussion agenda for decision making or
commits withdrawal from a potentially collision situation
interests.
4. Monitoring and evaluation
In order for the implementation of the Implementation Impact Directive
The interests in the Ministry of Transportation Environment remain effective and
relevant to the changing environment, the General Inspectorate
conduct periodic monitoring and evaluation each year
by engaging the entire Eselon I Working Unit in the environment
Ministry of Transportation.
5. Sanctions
Employees who violate these Ministers ' Regulations are subject to sanction pursuant to
the provisions of the invite-by-invite rule.
IV. CLOSING
Guide to the Implementation of the Impact Impact on the Environment
The Ministry of Transportation is one of the references for employees
in attitude and behavior so that it can realize governance
Good and clean governance and free of corruption behavior,
collusion and nepotism in general and may realize the behavior
positive and conducive to the implementation of tasks and functions as well as
embodour management healthy in particular.
MINISTER OF PERRELATION
REPUBLIC OF INDONESIA,
ttd.
IGNASIUS JONAN
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