Presidential Regulation Number 46 By 2014

Original Language Title: Peraturan Presiden Nomor 46 Tahun 2014

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Back COUNTRY SHEET Republic of INDONESIA No. 104, 2014 KESRA. The National Social Security Council. The Order Of The Organization. The Layout Work.

REGULATION of the PRESIDENT of the REPUBLIC of INDONESIA NUMBER 46 by 2014 ABOUT ORGANIZATION and the WORK, the procedures for the APPOINTMENT, replacement, and DISMISSAL of the MEMBERS of the BOARD of the NATIONAL SOCIAL SECURITY with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that with the addition of the National Social Security Council duties according to Law Number 24 year 2011 about social security, the governing body and to further optimize the execution of the duties and functions of the Board of the national social security , need to reorganize the National Social Security Council;
b. that the presidential regulation Number 44 in 2008 about the Organization and the Work, the procedures for the appointment, replacement, and dismissal of the members of the Board of the national social security as the implementation of Act No. 40 of 2004 on National Social Security Systems are not assessed in accordance with the development;
c. that based on considerations as referred to in letter a and letter b, need to establish Rules about the order of the President of the Organization and the Work, the procedures for the appointment, replacement, and dismissal of the members of the Board of the national social security;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 40 of 2004 on National Social Security Systems (State Gazette of the Republic of Indonesia Number 150 in 2004, an additional Sheet of the Republic of Indonesia Number 4456);
3. Law Number 24 year 2011 about social security governing body (State Gazette of the Republic of Indonesia Number 116 in 2011, an additional Sheet of the Republic of Indonesia Number 5256);
Decide: define: PRESIDENTIAL REGULATION ABOUT the ORGANIZATION and the WORK, the procedures for the APPOINTMENT, replacement, and the DISMISSAL of MEMBERS of the NATIONAL SOCIAL SECURITY COUNCIL.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President, is: 1. The National Social Security Council hereinafter abbreviated to DJSN is a Board that serves to assist the President in the formulation of public policies and synchronization of organizing a national social security system.
2. Social Security governing body hereinafter abbreviated BPJS is a legal entity formed to organise the social security program.
3. Social Security is one of the forms of social protection to guarantee the entire people in order to meet the basic needs of his life it deserves.
4. The National Social Security System is a way of organizing social security program by some social security governing body.
5. external Supervision is supervision against BPJS performed DJSN in the Organization of the social security program.
6. Figures are the ones who understand, have the attention and influence in fields related to the social security program.
7. The expert is a person who has the competency and experience in fields related to the social security program.
8. the Minister is the Minister who handles the coordination in the field of the welfare of the people.
CHAPTER II the POSITION, functions, duties, and AUTHORITY of article 2 DJSN located at the bottom and is responsible to the President.

Article 3 DJSN function to formulate general policy and synchronization of the Organization of the national social security system.

Article 4 DJSN has the task of: a. doing study and research related to the Organization of social security;
b. proposed policy of the national social security fund investment; and c.  proposed budget of the social security contribution relief for the recipient and the availability of operational budgets to the Government.
Article 5 in carrying out its duties, functions and DJSN: a. deliver the results of the monitoring and evaluation of the conduct of the social security program to the BPJS every 6 (six) months;
b. receiving effluent report implementation of each programme, including the financial conditions, periodically 6 (six) months once delivered BPJS to the President;
c. conducting oversight report effluent receiving social security as part of a report delivered by the BPJS Board of Trustees BPJS to the President;
d. proposed acting to the President as a replacement member of the Supervisory Board or Board of directors who are laid off temporarily;
e. proposed a substitute member of the intertemporal kepadaPresiden in terms of the remainder of the term of Office of members of DewanPengawas and/or the empty BPJS Board members less than 18 (eighteen) months;
f. receive copies of the report of the management programme and annual financial management that have been audited by public accountant delivered BPJS to the President no later than 30 June of the following year;
g. provide consultation to the BPJS regarding the form and content of the annual program management reports; and h.  receive a copy of the report accountability the implementation term of padaakhir task DewanPengawas and directors BPJS.
Article 6 DJSN is authorized to conduct monitoring and evaluation in the Organization of the social security program and to conduct surveillance against external BPJS.

CHAPTER III ORGANIZATION article 7 composition of the organisation DJSN consists of: a. the Chair; and b.  Article 8 DJSN members led by a Chairperson and members of the Government.

Article 9 (1) DJSN consists of 15 (fifteen), which consists of: a. the Government;
b. figure and/or experts who understand the field of social security;
c. Organization of employer/organization of employers; and d.  Organization of workers/labor organizations.
(2) the elements of the Government referred to in paragraph (1) letter a, a total of 5 (five) persons originating from the Ministry that organizes the Affairs of Government in finance, employment, health, social, and welfare of the people, and/or field of Defense and security, each 1 (one) person.
(3) an element of a character and/or Experts referred to in paragraph (1) letter b, as many as 6 (six) persons consists of a character and/or experts who understand, have the attention and influence in fields related to social security programs as well as have competence and experience as well as having expertise in the field of insurance, financial, investment and actuarial.
(4) the elements of organisation of the employer/organisation of employers referred to in paragraph (2) Letter c, 2 (two).
(5) the elements of organisation of workers/workers ' organizations referred to in paragraph (1) letter d, as much as 2 (two).
Article 10 (1) to carry out its function and duty, DJSN forming: a. General Policy Commission; and b.  Commission Oversight, Monitoring, and evaluation.
(2) the membership of the Commission referred to in subsection (1) comes from the members of DJSN.
(3) in carrying out its duties, the Commission may be assisted by experts according to the needs.
(4) the experts referred to in paragraph (3), established on the basis of the decision of the Chairman of the DJSN.
Article 11 of the Commission's General Policy as referred to in article 10 paragraph (1) letter a, have the task: a. formulating and disseminating public policy;
b. to synchronize the holding of national social security systems;
c. drafting of budgets for social security contribution recipient;
d. analysis of the economy and the prospect of investing social security funds in assets and the assets of the BPJS, as well as drawing up the proposed policy of the national social security fund investment;
e. conduct studies and research on the Organization of the social security program; and f.  report on the work of the Commission in plenary session.
Article 12 Commission Oversight, Monitoring, and evaluation referred to in article 10 paragraph (1) letter b, has the task of: a. supervise external BPJS on performance;
b. monitoring the implementation of the general policy of the national social security system;
c. monitoring and evaluation in the Organization of the social security program, including the level of the financial health of the BPJS;
d. perform other supervisory agencies with coordination;
e. conducting advocacy, education and information in order to improve compliance with the Organization of the national social security system; and f.  report on the work of the Commission in plenary session.
Article 13 (1) DJSN set and enforce the code of ethics DJSN.
(2) to enforce the code of conduct DJSN as referred to in paragraph (1), DJSN form a Tribunal of honor DJSN.
(3) the membership of the Tribunal of honor DJSN as referred to in subsection (2) comes from the members of DJSN.
(4) further Provisions regarding the DJSN code of Ethics referred to in subsection (1) and the Tribunal of honor DJSN as referred to in paragraph (2), provided for in Rule DJSN.
CHAPTER IV SECRETARIAT of article 14 (1) in carrying out the tasks and functions, DJSN, assisted by a Secretariat headed by a Secretary-general with the task of providing administrative support, service operations, and preparation of materials to support the smooth implementation of DJSN.
(2) the Secretary referred to in subsection (1), is the structural position Echelon IIa assumed by civil servants.
(3) the Secretary is under and is responsible to the head of DJSN that its administratively undertaken by Ministers through the Secretary of the Coordinating Ministry for people's welfare.
(4) Organization and the work of the Secretariat of the DJSN referred to in paragraph (1), arranged by the Minister further after obtaining written consent of the Minister of governmental affairs wing utilization of State apparatus and reform the bureaucracy.
Chapter V is considered part of the WORK of the General LAYOUT of article 15 (1) DJSN in carrying out its duties and functions referred to in article 3 and article 4, headed by Chairman DJSN.

(2) the Chairman of the DJSN referred to in paragraph (1), lead the execution of daily activities DJSN.
(3) in case the Chairman DJSN unable to seoranganggota DJSN, was appointed to lead the kegiatanharian DJSN.
Article 16 to carry out his duties and functions referred to in article 3 and article 4, DJSN organises hearings and/or meetings as follows: a. plenary session;
b. Meetings of the Commission; and c.  Special Meetings.
Article 17 (1) DJSN Members must attend every plenary session, the meeting of the Commission, special meetings, and other activities organized by the DJSN.
(2) further Provisions concerning the presence of members of the DJSN in every plenary session, the meeting of the Commission, special meetings, and other activities as referred to in paragraph (1), provided for in Rule DJSN.
The second part of the proceedings and meetings of Article 18 (1) the plenary session as referred to in article 16 a, held at least 1 (one) time within 1 (one) months for a decision DJSN.
(2) plenary session referred to in subsection (1), attended by members of the DJSN.
(3) the plenary session as referred to in paragraph (1), led by Chairman DJSN.
(4) in case the Chairman of the plenary session was unable to DJSN, led by one of the members appointed by the Chairman of the DJSN, or one of the members of the Government a mutually agreed by other members.
Article 19 (1) Meetings of the Commission referred to in article 16 the letter b, held at least 1 (one) time within 1 (one) month.
(2) Meetings of the Commission as referred to in paragraph (1), led by the Chairman of the Commission.
(3) in case the Chairman of the Commission was unable to Commission chaired by Meeting, one member appointed by the Chairman of the Commission or agreed upon by the members of the Commission.
Article 20 (1) the Special Meeting referred to in article 16 of the letter c, held in accordance with the need to discuss: a. the development of public policy implementation and synchronization of the Organization of the national social security system;
b. the development of the implementation of the tasks of the Commission, the Committee, working group, and/or work team; and c.  actual problems of the social security program organized by the BPJS.
(2) the Special Meeting referred to in subsection (1), led by Chairman DJSN.
(3) in case the Chairman of the Special Meeting was unable to DJSN, led by one of the members appointed by the Chairman of the DJSN.
The third part of the quorum and decision-making of article 21 (1) plenary session DJSN as stipulated in article 18 paragraph (1) is valid, if attended by at least 2/3 (two thirds) of the total number of members of DJSN that represents all of the items.
(2) in terms of the provisions of the quorum referred to in paragraph (1) are not met, the plenary session was delayed one (1) time for 15 (fifteen) minutes and can be delayed for a second time during the thirty (30) minutes.
(3) in case of the plenary session has been delayed in accordance with the provisions referred to in paragraph (2) and the quorum referred to in paragraph (1) were not reached, the plenary session continued and can take decisions.
(4) the decision referred to in subsection (3), performed with emphasis on deliberation for consensus.
(5) in the case of deliberation for consensus as intended in paragraph (4) is not reached, a decision taken on the basis of the most votes.
(6) decisions based on majority referred to in subsection (5) is valid, if approved by at least 2/3 (two thirds) of members of the DJSN are present.
CHAPTER VI APPOINTMENT and DISMISSAL is considered Part of the requirements of article 22 to be a member of the DJSN, one must qualify as follows: a. citizen of Indonesia;
b. the Pious to God Almighty;
c. physical and spiritually Healthy as evidenced by a government doctor affidavits;
d. being of good character, as evidenced by the local police affidavits;
e. Aged at least 40 (forty) years and extended sixty (60) years of age at the time of becoming a Member;
f. education graduates most low level strata 1 (one);
g. has the expertise in the field of social security;
h. Having concern for the field of social security; and i.  Never are convicted on the basis of a court decision which has acquired the force of law remains for committing criminal acts of crime.
Article 23 the Chairman and members of the DJSN are appointed and dismissed by the President.

The second part of the paragraph Appointment Procedures 1 the election of the members of the DJSN Article 24 (1) to select and assign a member DJSN, the President of forming the selection Committee in charge of selecting the members of the DJSN derived from elements of the character and/or experts, the members of DJSN are derived from elements of the employer organisations/organizations of employers and workers organisations/labour organization referred to in article 9 paragraph (1) letter b , letter c, letter d and.
(2) the membership of the selection Committee as referred to in paragraph (1), consisting of 2 (two) from the Government and five people from the community.
(3) the membership of the selection Committee as referred to in paragraph (2), established by presidential decree.
Article 25 (1) the members of the DJSN who comes from elements of the Government as referred to in article 9 paragraph (2) letter a and subsection (2), proposed by the Technical Secretary to the selection Committee through the Minister.
(2) the members of the DJSN derived from elements of the character and/or experts referred to in article 9 paragraph (1) letter b, proposed by community/other parties and/or register to the selection Committee.
(3) the members of the DJSN who comes from elements of the employer organisations/organizations of employers and workers organisations/labour organization referred to in article 9 paragraph (2) Letter c and the letter d, proposed by the Chairman of the concerned organizations at the national level to the selection Committee through Minister of Government Affairs which hosts in the field of employment.
Article 26 (1) the selection Committee referred to in Article 24, within 10 (ten) business days counted since it was formed, in writing: a. acceptance of registration of candidates for members of the DJSN comes from the element of character and/or experts referred to in article 9 paragraph (1) letter b, via print and/or electronic media; and b.  ask the Minister of the organizing Affairs of the Government in the field of employment in order to propose at least 8 (eight) members of DJSN for each employer organisations/organizations of employers and workers organisations/labour organization referred to in article 9 paragraph (2) Letter c and d.
(2) Proposals and/or registration of the members of the DJSN of the figure and/or experts as in the intention in paragraph (1) letter a, made within fourteen (14) business days counted from the date of announcement of the registration of the selection.
Article 27 (1) the selection Committee announced the names of the members of the DJSN proposed by community/other parties or who enroll as stipulated in article 25 paragraph (2), the members of the DJSN proposed by the employer organization/organisation of employers and organizations of workers/labor organizations as stipulated in article 25 paragraph (3), via print and/or electronic to get feedback and input from the community within 5 (five) working days since the countless proposals and/or member registration DJSN.
(2) Responses and contributions referred to in subsection (1), is submitted in writing to the selection Committee 14 (fourteen) days counted since the end of the announcement of the results of the selection.
Article 28 (1) the members of the DJSN referred to in article 27, performed administrative selection and test of propriety and appropriateness by the selection Committee.
(2) the selection process against a member of the DJSN referred to in paragraph (1), done in a professional, transparent, and accountable.
(3) the selection Committee to choose and specify the members of the selection results for DJSN presented to the President, as much as: a. 12 (twelve) persons aspiring members of the character and/or experts; and b.  8 (eight) members of employer organisations/organizations of employers and workers organisations/labor organizations.
Paragraph 2 the appointment of members of the DJSN Article 29 (1) the members of the DJSN of the Government presented to the President to set up as a member of the DJSN.
(2) the President of choose and set the 6 (six) of the 12 (twelve) persons of character and/or experts, 2 (two) of the four (4) person of the employer organisation/entrepreneur organization and 2 (two) of the four (4) people from the Organization/Organization for workers defined as members of the DJSN with the decision of the President.
The third dismissal of article 30 (1) a member of the DJSN dismissed with respect, because: a. dies;
b. the request itself;
c. physical or spiritual pain continuously for 12 (twelve) months; or d.  have completed the period of its work.
(2) Dismissal with respect as referred to in paragraph (1), proposed by the Chairman of the DJSN to the President based on the decision of the plenary session.
Article 31 (1) a member of the DJSN with respect, not dismissed because: a. are convicted on the basis of a court decision which has acquired the force of law remains for committing the crime of crimes; or b.  three consecutive dereliction of duties and obligations.
(2) criteria for dereliction of duties and obligations as referred to in paragraph (1) letter b, based on the code of ethics DJSN.
(3) before the not DJSN members dismissed with respect for the reasons referred to in subsection (1) letter b, performed by the Tribunal of honor DJSN.

(4) the results of the examination referred to in subsection (3), delivered in writing to the Chairman of the DJSN and DJSN members are concerned.
(5) a member of the DJSN referred to in paragraph (4), are given the opportunity to defend himself before the Tribunal of honor DJSN in period thirty (30) working days counted from the date of notification of the results of the checks are accepted.
(6) in the event that a member of the DJSN referred to in paragraph (5) be able to prove that he is not in breach of the provisions referred to in paragraph (1) letter b, then a mandatory DJSN freed from all charges and restore his position as a member of the DJSN as well as rehabilitate his good name.
(7) in case the results of self-defense referred to in subsection (5) a member of the DJSN cannot prove that he didn't do the deed as referred to in paragraph (1) letter b, then the Tribunal of honor DJSN setting stops with disrespect members of DJSN are concerned.
(8) Upon the decision of a Tribunal of honor DJSN about the dismissal with disrespect members of DJSN as referred to in paragraph (7), the Chair of the DJSN deliver the proposal stops with no respect for the members of the corresponding DJSN to the President.
(9) in case of dismissal of the reasons referred to in subsection (1) is conducted by the Chief DJSN, the proposal stops with disrespect delivered by the Tribunal of honor DJSN to the President.
(10) based on the proposed dismissal with no respect Member DJSN as referred to in paragraph (8) and paragraph (9), the President issued the presidential decree about Dismissal With Disrespect members of DJSN are concerned.
The fourth part of the Intertemporal substitution of Article 32 (1) in the event of a DJSN Member who quit or be dismissed as a member before his term ends for the reasons referred to in article 30 and article 31, charging the Office through intertemporal substitution over the term of the members of the DJSN are empty.
(2) in case the post of the DJSN member of the kosongsebagaimana referred to in subsection (1) comes from the Government, the pengisiannya is done through proposals by the concerned technical Secretary to the head of DJSN through the Minister.
(3) in the event that the Office of a member of the empty DJSN as referred to in subsection (1) comes from the element of character and/or expert or organisation elements derived from employer/organisation of employers and organizations of workers/labor organizations, charging the Office of Member of the empty DJSN is drawn from lists of candidates for members of DJSN selection result as stipulated in article 28 paragraph (3) are not elected in accordance with the representation of an empty DJSN members based on the members of the order in question.
(4) the term of a member of the DJSN replacement intertemporal as referred to in paragraph (1), is the remainder of the term of Office of members of DJSN are replaced.
(5) the proposal of charging the Office of Member of the empty DJSN through intertemporal substitution referred to in subsection (2) and paragraph (3), submitted by the Chairman of the DJSN to the President.
(6) the President sets the members of the DJSN referred to in paragraph (5), became a member of DJSN with the decision of the President.
The fifth section of the Pembebastugasan Article 33 Member DJSN removed because: a. in the review process as a result of suspects alleged to have committed the crime of evil until the existence of the Court ruling that gained the force of law; and b.  in the proceedings for reasons of neglect have duties and obligations as stipulated in article 31 paragraph (1) letter b.
CHAPTER VII FUNDING Article 34 (1) in performing its duties and functions, a member of the DJSN obtained the right financial and other facilities.
(2) the right financial and other facilities as referred to in paragraph (1), governed by regulation of the President.
Article 35 the whole financing required in the performance of functions and duties DJSN, charged to the budget of the State Expenditures and Revenues are allocated to the Ministry which handles the coordination in the field of the welfare of the people.

CHAPTER VIII TRANSITIONAL PROVISIONS Article 36 at the time of this presidential Regulation came into effect: a. Member DJSN who has been appointed by virtue of Presidential Decree Number 108/M by 2013, still run the function and its duties until the appointment of a member of the new DJSN based on this presidential Regulation;
b. Regulation of implementation of presidential regulation Number 44 in 2008 about the Organization and the Work, the procedures for the appointment, replacement, and the dismissal of members of the National Social Security Council, declared to remain valid throughout has not been reimbursed and is not contrary to the rules of this President.
CHAPTER IX PROVISIONS COVER Article 37 at the time of this presidential Regulation entered into force, the regulation of the President Number 44 in 2008 about the Organization and the Work, the procedures for the appointment, replacement, and the dismissal of members of the National Social Security Council, revoked and declared inapplicable.

Article 38 of the regulation this President comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on May 20, 2014, PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on May 20, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();