Regulation Of The Minister Of Tourism And Creative Economy Number 3 2014

Original Language Title: Peraturan Menteri Pariwisata dan Ekonomi Kreatif Nomor 3 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c512d849900b2af313233333436.html

BN 175-2014. doc NEWS STATE of REPUBLIC of INDONESIA No. 175, 2014 KEMEN PAREKRAF. Adjustment. The Loss Of The Country. Repeal. REGULATION of the MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA number 3 2014 COMPLETION GUIDELINES ABOUT the LOSS of the STATE MINISTRY of TOURISM on the ENVIRONMENT and the CREATIVE ECONOMY with the GRACE of GOD ALMIGHTY and the CREATIVE ECONOMY MINISTER of TOURISM of the REPUBLIC of INDONESIA, Considering: a. that with any change to the financial regulations of the State, and change the Organization of the Ministry as well as to increase the effectiveness, efficiency and orderly administration of the finances of the State , the need to review the regulation of the Minister of culture and tourism Numbers pm. MY 102/202/MKP/2010 regarding the completion of the country's Losses in the environment of the Ministry of culture and tourism; b. that based on considerations as referred to in letter a above, the need to set a regulation of the Minister of tourism and Creative Economy of Settlement of losses of State Guidelines in Environment Ministries of tourism and Creative Economy; Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of www.djpp.kemenkumham.go.id 2014, no. 175 in 2003 Indonesia 2 Number 47, additional sheets of the Republic of Indonesia Number 4286); 2. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355); 3. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400); 4. Government Regulation No. 14 of 2005 about the procedures for removal of country/Regional accounts receivable as modified by the Government Regulation Number 33 in 2006 about changes to Government Regulation No. 14 of 2005 about the procedures for removal of accounts receivable country/region. (State Gazette of the Republic of Indonesia Number 83 in 2006, an additional Sheet of the Republic of Indonesia Number 4652); 5. Government Regulation Number 53 in 2010 about the discipline of civil servants (State Gazette of the Republic of Indonesia Number 74 in 2010, an additional Sheet of the Republic Indonesia 5135); 6. Government Regulation Number 45 2013 about Procedures the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 103 by 2013, an additional Sheet of the Republic of Indonesia Number 5423); 7. Presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 55 by 2013; 8. Presidential regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the order of organization and tasks, and the function of the Echelon I Ministries as it has several times changed the last presidential regulation Number 56 by 2013; 9. The regulation of the Agency of the Republic of Indonesia Number Financial Examiner 3 in 2007 about 2014, www.djpp.kemenkumham.go.id Ordinance No. 175 3 settlement of Damages Against State Treasurer; 10. Regulation of the Minister of finance Number 201/FMD. 06/2010 about the quality of accounts receivable Ministries/institutions and the formation of the Unbilled Receivables Allowance; 11. Regulation of the Minister of tourism and Creative Economy Number am. 07/001/HK MPEK/2012 about the Organization and the work of the Ministry of tourism and the Creative Economy; Decide: Define: REGULATION Of The MINISTER Of TOURISM And CREATIVE ECONOMY Of SETTLEMENT Of LOSSES Of STATE GUIDELINES In ENVIRONMENT MINISTRIES Of TOURISM And CREATIVE ECONOMY. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. The losses the State is short of cash, securities, and real stuff and certainly in number as a result of tort either deliberately or negligent. 2. The team's next State Loss Settlement abbreviated TPKN is a team formed by the Minister of tourism and Creative Economy to deal with the resolution of the country's losses in an environment of Creative Economy and Tourism Ministry. 3. The absolute responsibility of the Affidavits hereinafter abbreviated to SKTJM is the certificate which States the recognition and/or ability that concerned the State liable for damages which occur and are willing to indemnify the State in question. 4. The imposition of a Temporary Decree hereinafter abbreviated SKPS is a decree issued by the Minister of tourism and Creative Economy about the imposition of a temporary replacement for any country. 5. the Decree further time limit Designation is abbreviated SKPBW is a letter decision issued by the Agency of financial Examiners about giving a chance to the Treasurer for 2014, www.djpp.kemenkumham.go.id no. 175 4 filing an objection or defense yourself over the demands of State indemnity. 6. Letter decision of Imposition is a decree issued by a body of financial Examiners had the force of law final about the imposition of indemnity against the State Treasurer. 7. The decision letter of the imposition of the provisional Indemnity, hereinafter abbreviated to SKP2KS is a decree issued by the Minister of tourism and Creative Economy about giving chance to the civil servants are not the Treasurer or Other Officer to file an objection or defense yourself over the demands of State indemnity. 8. Decree imposition of Indemnity which further abbreviated SKP2K is a decree issued by the Minister of tourism and Creative Economy about the imposition of State indemnities against civil servants not the Treasurer and other officials. 9. The calculation of the Ex Officio is a calculation done by the Treasury officials who are appointed ex officio by the power if the Treasurer's budget Users died, escaped or suddenly have to be under the pardon and/or if the Treasurer of concerned does not make liability wherein it has been rebuked by superiors immediately, but until the given time limit ends in question remains did not make calculations and was. 10. Liability renteng liability is two people and/or multiple people simultaneously over the burden of State indemnity; 11. The beneficiary is the person who replaced the position of heiress against a legacy with regard to the rights, obligations and responsibilities to partially or completely. 12. the civil service is every citizen of the Republic of Indonesia who have qualified, appointed by the competent authority and delegated tasks in an Office of the country, or other country and duty was paid on the basis of legislation. 13. The Treasurer is every civil servant who is given the task for and on behalf of the State, receive, store and pay/submit money or securities or goods of the country. 2014 www.djpp.kemenkumham.go.id, no. 175 5 14. The Ministry is the Ministry of tourism and Creative Economy. 15. the Minister is the Minister of tourism and Creative Economy. 16. Work Unit hereafter Satker is organizational unit in the Environment Ministry that carries out activities in ministries and has the authority and responsibility of the user of the budget. 17. The head of the unit of work is hereinafter referred to as the head of the Satker is the head of a unit of work in an environment of Creative Economy and the Tourism Ministry. 18. The Agency of financial Examiners subsequently abbreviated CPC is State institutions in charge of examining the management and accountability of financial state as stipulated in the Constitution of the Republic of Indonesia in 1945. 19. Other officials are not civil service officials assigned to the Environment Ministry. 20. A third party is an individual person/partner/associate/honorary/other parties that carry out the work in the Environment Ministry. CHAPTER II SCOPE article 2 SETTING the scope of the regulation of the Minister include the requirements and procedures for the settlement of the loss of the State which applies to public servants, not the Treasurer the Treasurer, other officials and third parties. CHAPTER III the SETTLEMENT TEAM LOSSES the STATE article 3 for the purposes of settlement of losses of State in the Ministry of environment, the Minister formed TPKN. Article 4 (1) TPKN helps Ministers within the framework of the completion of the country's losses based on the regulation of the Minister. (2) in order to carry out its tasks as referred to in paragraph (1), the function of organizing: a TPKN. penginventarisasian cases of loss of State received; b. calculating the amount of the losses of the State; www.djpp.kemenkumham.go.id


2014, no. 175.6 c. collecting and verifying evidence supporting tort has occurred intentionally or neglect resulting in the occurrence of the loss of the State; d. penginventarisasian treasures belong to the offender which can serve as a guarantee of completion state losses; e. settlement of losses the country through SKTJM; f. granting of consideration to the Secretary of State as a loss of decision-making in determining the imposition of temporary; g. the administering State loss settlement include the creation of a list of the country's Losses in accordance with the Format of the Example 1; and h. the submission progress report to the Secretary of State losses settlement, and for that matter about the Treasurer, ditembuskan to the CPC. Article 5 (1) the membership makeup of TPKN as stipulated in article 3 consists of: a. the Chairman: Secretary General b. Vice Chairman: Inspector General of c. Financial Bureau Chief Secretary: d. members: the head of the law firm and employment, General Bureau Chief, Inspectorate General Secretary, Secretary of the Directorate General, the Secretary of the Agency, and other related fields. (2) In organizing the functions referred to in article 4 paragraph (2), assisted by the Secretariat TPKN. (3) the establishment of a secretariat and TPKN set with its own Minister's decision. CHAPTER IV INFORMATION ABOUT LOSS of STATE article 6 information on losses of the State can be known from the results: a. inspection of the CPC; b. examination of the General Inspectorate; c. monitoring and/or notice a direct supervisor or the head of the Satker Treasurer; and/or d. calculation of the ex officio. 2014 www.djpp.kemenkumham.go.id, no. 175 7 article 7 Treasurer, civil servants are not the Treasurer, other officials, and third parties because of tort either deliberately or negligent loss of State that occurs in the Environment Ministry, is obligated to compensate for the loss. Article 8 any loss of State in the Ministry of environment of compulsory reported by the leadership Echelon Unit I to the Minister no later than 7 (seven) working days after the country's losses were known. Article 9 after receiving a report from the leadership Echelon Unit I as stipulated in article 8, the Minister commissioned TPKN to process the completion of State losses. Article 10 Upon the assignment of the Minister as stipulated in article 9, case recording losses do TPKN country in the list of the country's Losses. CHAPTER v. SETTLEMENT of LOSSES by STATE TREASURER article 11 based on the assignment of the Minister as stipulated in article 9, TPKN immediately collect and verify various documents and relevant supporting facts, among other things: a. Decree of appointment as Treasurer or the officials who carry out the functions of the bursaries tend; b. cash checks/events news items; c. closing cash register/goods; d. affidavits about the rest of the money has not been accounted for from the budget Users/power user Budget; e. bank affidavits about the cash balance in the bank in question; f. photocopying/public cash book recording the month concerned containing the existence of cash shortage; g. Letter report from police in case of loss of the State contain indications of criminal acts; 2014 www.djpp.kemenkumham.go.id, no. 175 8 h. news of the proceedings the scene of police matters in terms of the loss of State occurs due to theft or robbery; and/or i. affidavits heirs of Village or the courts. Article 12 (1) TPKN complete verification the verification results, compiling reports and submit the report to the Minister within the period of 30 (thirty) days from the date of the assignment of the Minister. (2) the submission of the report of the results of the verification as referred to in paragraph (1) are equipped with News of the proceedings of the cash/goods. (3) Report the results of the verification of the loss the following supporting documents referred to in subsection (1) is forwarded by the Minister to the CPC by mail in accordance with the Format of the Example 2. Article 13 (1) if based on the inspection results of the CPC proved there is a tort in negligence or intentionally, the Minister based on the affidavits of the CPC to strive in order for assigning TPKN Treasurer is willing to make and sign the SKTJM later than 7 (seven) days after receipt of a letter from MR. (2) if based on the inspection results of the CPC as it turned out there was no tort either negligent or deliberately, the Minister based on affidavits from MR. commissioned TPKN to clear cases of loss of State concerned and remove it from the list of State Losses. Article 14 (1) in case the Treasurer signed a SKTJM, then the corresponding mandatory surrender the collateral to TPKN, namely in the form of: a. the original proof of ownership of the goods and/or other wealth on behalf of Treasurer; and b. the power of attorney to sell and/or dilute the goods and/or other riches from the Treasurer. (2) SKTJM which has been signed by the Treasurer cannot be withdrawn. (3) the form and content of the SKTJM referred to in paragraph (1) in accordance with the example of the Format 3. 2014 www.djpp.kemenkumham.go.id, no. 175.9 (4) in case the Treasurer signed SKTJM, but did not submit the guarantee referred to in paragraph (1) letter a and letter b, then the Treasurer is not considered signed SKTJM. (5) without menyampingkan the obligation referred to in subsection (1), in the framework of the completion of the losses of the State Treasurer may sign and deliver to the statement of willingness TPKN indemnify above countries enough seals. Article 15 (1) indemnity the State made in cash no later than 40 (forty) working days counted since SKTJM or a statement of willingness indemnify countries signed. (2) if the Treasurer has indemnify the State referred to in paragraph (1), return to the Treasurer TPKN proof of ownership of the goods and the selling power of Attorney referred to in Article 14 paragraph (1). Article 16 (1) in the performance of SKTJM, the Treasurer can sell and/or disburse the pledged property as referred to in article 14 after the approval and under the supervision of TPKN. (2) if there is a lack of sales results guarantee as referred to in paragraph (1), the deficiency remains the duty of the Treasurer. (3) When there is an excess of the proceeds the guarantee referred to in paragraph (2), the excess will be returned to the Treasury in the form of cash. Article 17 (1) TPKN reported the results of the completion of the losses the country through SKTJM or mail a statement of willingness to compensate for the loss of State to the Minister. (2) the results of settlement of losses the country through SKTJM or a statement of willingness to indemnify the State forwarded by the Minister to the CPC after receiving reports TPKN. Article 18 in the event that the Treasurer has indemnify countries, Minister on the recommendation of CPC commissioned TPKN written to remove the case from its list of the country's losses Losses of the State. 2014 www.djpp.kemenkumham.go.id, no. 175 10 article 19 (1) in case SKTJM is not retrieved or can not guarantee the repayment of losses to the State, then in a period of 7 (seven) working days since the Treasurer was not willing to sign the SKTJM or since the recommendations accepted by the Minister, TPKN Minister publishes SKPS against Treasurer alleged conduct in tort either negligent or deliberately causing a loss to the State. (2) the Chairman, on behalf of Minister TPKN notify CPC SKPS publishing subject as referred to in paragraph (1), and asked that the CPC published the SKPBW against the Treasurer. (3) the Form and content of SKPS as referred to in paragraph (1) in accordance with the example of the Format 4. Article 20 (1) have the force of law to SKPS do sita guarantee. (2) for the purposes of the implementation of the sita guarantee as mentioned on paragraph (1), the Chairman, on behalf of Minister TPKN apply in writing to the Committee for the Affairs of the accounts receivable of State conduct foreclosures at least 7 (seven) working days after the publication of SKPS. Article 21 (1) SKPBW referred to in article 19 paragraph (2), submitted to the immediate supervisor through the Treasurer the Treasurer/head of the Satker with copy to the Minister, with the receipt of the Treasurer. (2) the receipt of the Treasurer presented to the CPC by the direct superiors of the Treasurer/head of the Satker at least 3 (three) working days after received SKPBW Treasurer. (3) in case the Treasurer was not willing to sign the receipt, then produced a news event that contains the description that SKPBW has submitted to the Treasurer the Treasurer is not yet willing to sign a receipt, which is signed by the representative and direct supervisor TPKN Treasurer/head of the Satker. Section 22 (1) the Treasurer may file objections over the SKPBW to the CPC within a period of fourteen (14) business days counted from the date of receipt of the SKPBW printed on the receipt or on a news event as referred to in article 21. www.djpp.kemenkumham.go.id


2014, no. 175 11 (2) of the objection referred to in subsection (1) of the CPC issued a decision in the form of acceptance or disclaimer of these objections within a period of 6 (six) months from the letter of objection of the Treasurer received by MR. (3) in case the objection put forward by the CPC received Treasurer, then Treasurer of the obligation in question to solve the losses the country legally since the date of the issue of accounting for the delete decision letter of Exemption by the CPC. Article 23 (1), if: a. the time period for filing the objection referred to in Article 10 paragraph (1) has been exceeded, and the Treasurer is not filed objections; b. the Treasurer submits objections, but was rejected; or c. the timeframe to complete the country's losses based on SKTJM or a statement of willingness to indemnify the State as referred to in article 15 paragraph (1) has been exceeded, but the loss to the countries not yet fully replaced, then the resolution of the country's losses in the Environment Ministry subsequently implemented based on decision letter of loading issued by CPC. (2) Decree of loading as referred to in subsection (1) is submitted to the recorder via the direct bosses Treasurer/head of the Satker and ditembuskan to the Minister, with the receipt of the Treasurer. (3) in case the Treasurer was not willing to sign the receipt, then produced a news event that contains the information that a national Decree was submitted to the Treasurer the Treasurer is not yet willing to sign a receipt, which is signed by the representative and the head of Echelon TPKN I. Section 24 a national Decree referred to in Article 23 has the force of law that are final, and it cannot be filed an objection by the Treasurer. Article 25 (1) based on the decision letter of loading as referred to in article 23, the Treasurer of the State is obligated to indemnify by way of deposit in cash to the Treasury for a period of at least 7 (seven) days after receiving the decision letter of the imposition. 2014 www.djpp.kemenkumham.go.id, no. 175 12 (2) in case the Treasurer has indemnify the State in cash as referred to in paragraph (1), and in case of goods and/or property which belonged to the previous Treasurer charged sita guarantees, then the goods and/or the wealth returned to the question. Article 26 (1) of decision letter of loading as referred to in article 23 has the force of law for the implementation of sita's execution. (2) If a period of 7 (seven) days as stipulated in article 25 paragraph (1) has been exceeded and the Treasurer does not indemnify the State in cash, the Chairman, on behalf of Minister TPKN submits a request to the Chairman of the Committee for the Affairs of State to perform accounts receivable foreclosure and auction sales over wealth Treasurer. (3) imposition of Decisions have the right Letters precede. Article 27 (1) when the Treasurer does not have a property for sale or sale proceeds are insufficient to indemnity the State, then the Minister sought a refund of the losses the country through cuts of at least 50% (fifty percent) of the revenue each month until it is paid off. (2) if the retired Treasurer, then in Retirement Payment explanation letter noted that question still has a debt to the State, and public servants Insurance Saving (Taspen) who became treasurer of the rights taken into account to compensate for the loss of the country. Article 28 the Chairman TPKN on behalf of Minister delivered a report to the CPC on the implementation of decision letter of loading as referred to in article 23. CHAPTER VI SETTLEMENT of LOSSES of the STATE by CIVIL SERVANTS is NOT the TREASURER and OTHER OFFICIALS Article 29 based on the assignment of the Minister as stipulated in article 9, TPKN immediately collect and verify various documents and relevant supporting facts, among other things: a. Decree of appointment as civil servants or other officials; 2014 www.djpp.kemenkumham.go.id, no. 175 13 b. certificate of bank balance of cash in the bank in question; c. Letter from the police report in case of loss of the State contain indications of criminal acts; d. proceedings news scene matters of the police force in terms of losses of State occurs due to theft or robbery; and/or e. affidavits heirs of Village or the courts. Article 30 TPKN complete verification the verification results, compiling reports and submit the report to the Minister within the period of 30 (thirty) days from the date of the assignment of the Minister. (1) the submission of the report of the results of the verification as referred to in subsection (1) is equipped with supporting evidence. (2) In the event of a loss to the country, reports the results of the verification as referred to in paragraph (2), at least contain: a. magnitude of losses to the State; b. types of tort law; and c. civil servants instead of Treasurer and/or other officials of the alleged perpetrator. (3) in the event that there are no losses on the recommendation of the Minister of State, ordered TPKN TPKN to remove the case of the loss of the State in question and remove it from the list of State Losses. Article 31 (1) in the case based on a report of the results of the verification referred to in article 30, there is a loss of the country, the Minister commissioned TPKN to intervene so that civil servants are not the Treasurer or Other Officer concerned is willing to make and sign the SKTJM for a period of at least 7 (seven) days. (2) SKTJM which has been signed by a civil servant not the Treasurer or other officials can not be pulled back. (3) the form and content of the SKTJM referred to in paragraph (1) in accordance with the example of the Format 5. Article 32 (1) indemnity the country on the basis of SKTJM as stipulated in article 31 made in cash in the longest period of 24 (twenty-four) months from SKTJM signed. 2014 www.djpp.kemenkumham.go.id, no. 175 14 (2) to ensure the effectiveness of the country through SKTJM indemnities referred to in subsection (1), civil servants are not the Treasurer or Other Officers gave the assurance in the form of salary, income, and/or wealth. (3) in the event of civil servants is not the Treasurer or Other Officer to sign the SKTJM, but did not submit the guarantee referred to in paragraph (2), then the civil servants are not the Treasurer or Other Officer is not considered signed SKTJM. Article 33 (1) indemnities as stipulated in article 32, paragraph (1) is carried out in a way through pay cuts and/or other income of at least 50% (fifty percent) of the revenue each month until paid off. (2) in the event of a guarantee being given in the form of salary/income is certain as stipulated in article 32 paragraph (2), then the civil servants are not the Treasurer or Other Officer gave the power of Attorney of cutting salaries/income in accordance with the example of the Format 6. Article 34 (1) in the event of a guarantee being given in the form of goods and/or property referred to in Article 32 paragraph (2), then the civil servants are not the Treasurer or Other Officers gave power of attorney to sell and/or dilute the goods and/or other wealth in accordance with the Sample Format 7. (2) if the Servant is not the Treasurer or Other Officer had signed the SKTJM, and has provided a guarantee in the form of goods and/or property, then a civil servant not the Treasurer or Other Officer concerned may sell the property in question and the results of their sales intended for fulfillment of obligations of the replacement part/whole of losses to the State, after obtaining the consent of and under the supervision of TPKN. (3) When there is a lack of sales results guarantee as referred to in paragraph (2), the deficiency remains the obligation of civil servants is not the Treasurer or Other Officer. (4) if there is a surplus from the sale of the collateral referred to in paragraph (2), any excess will be refunded to the civil servants are not the Treasurer or Other Officer in the form of cash. www.djpp.kemenkumham.go.id


2014, no. 175 15 Article 35 When civil servants not Treasurer retired, then in Retirement Payment explanation letter noted that question still has a debt to the State, and public servants Insurance Saving (Taspen) which became the rights of civil servants is not calculated to compensate for the loss of the Treasurer of State. Article 36 TPKN reported the results of settlement of losses the country through SKTJM made by civil servants is not the Treasurer or Other Officer to the Minister. Article 37 in terms of civil servants is not the Treasurer or Other Officer has indemnify countries, Ministers commissioned TPKN to issue case losses of the country from a list of State Losses. Article 38 (1) in case SKTJM is not obtained, then within 7 (seven) working days since the civil service is not the Treasurer or Other Officer is not willing to sign the SKTJM, the Minister issued a SKP2KS against the civil servants are not the Treasurer or Other Officer who allegedly do tort negligent or intentionally causing a loss to the State. (2) form and content of the SKP2KS referred to in paragraph (1) in accordance with the Format of the Example 8. (3) SKP2KS to convey TPKN civil servants not the Treasurer or Other Officer no later than 3 (three) working days since the SKP2KS is signed, with the receipt of civil servants is not the Treasurer or Other Officer. (4) in the event of civil servants is not the Treasurer or Other Officer is not willing to sign the receipt, then produced a news event that contains the description that SKP2KS has been submitted to the civil servants are not the Treasurer or Other Officers but civil servants are not the Treasurer or Other Officer is not willing to sign a receipt, which is signed by the representative and direct supervisor TPKN civil servants rather than Treasurer. Article 39 (1) civil servants are not the Treasurer or other officials may submit an objection in writing to the slowest TPKN fourteen (14) business days counted from the date of receipt of SKP2KS www.djpp.kemenkumham.go.id 2014, no. 175 16 printed on the receipt or on a news event as stipulated in article 38 paragraph (4). (2) upon the objection referred to in subsection (1) in the form of decisions issuing TPKN acceptance or disclaimer of these objections within a period of three (3) months from the letter of objection of civil servants is not the Treasurer or Other Officer of that received by TPKN. (3) If an objection is filed civil servants not the Treasurer or Other Officer rejected or accepted in part by TPKN, then civil servants not the Treasurer or Other Officer concerned must complete losses of countries based on SKP2K. (4) in case the objection filed civil servants not the Treasurer or Other Officer received entirely by TPKN, then the obligation of civil servants is not the Treasurer or Other Officer concerned to complete the loss the country legally since the date of the issue of accounting for the delete decision letter of Exemption by the Minister. (5) If after a period of 3 (three) months exceeded and do not remove any verdict TPKN over objections lodged civil servants not the Treasurer or Other Officer, then objection of civil servants is not the Treasurer or Other Officer is considered acceptable. Article 40 (1), if: a. the time period for filing the objection referred to in Article 39 paragraph (1) has been exceeded and civil servants instead of the Treasurer or Other Officer is not filed objections; or b. the civil servants are not the Treasurer or Other Officer filed an objection within the period in force, but was rejected or accepted in part, the Minister publishes SKP2K. (2) form and content of the SKP2K referred to in paragraph (1) in accordance with the Format of the Example 9. Article 41 (1) based on the SKP2K referred to in article 40, civil servants are not the Treasurer or Other Officer is obligated to indemnify the State by way of a deposit in cash to the State Treasury in 2014, www.djpp.kemenkumham.go.id no. 175 of 17 time period of not longer than 40 (forty) days after SKP2K was issued. (2) if within a period of 40 (forty) days since SKP2K incurred civil servants not the Treasurer or Other Officer is not able to compensate for the loss of State, the Secretary of State to submit a billing losses of accounts receivable of State Affairs Committee discretion TPKN. CHAPTER VII SETTLEMENT of STATE LOSSES by THIRD PARTIES Article 42 on the basis of the assignment of the Minister as stipulated in article 9, TPKN immediately collect and verify various documents and relevant supporting facts, among other things: a. Warrant work; b. Contract Files; and/or c. identity of third parties. Article 43 (1) TPKN complete verification the verification results, compiling reports and submit the report to the Minister within the period of 30 (thirty) working days from the date of the assignment of the Minister. (2) the submission of the report of the results of the verification as referred to in subsection (1) is equipped with supporting evidence. (3) in the event of a loss to the country, reports the results of the verification as referred to in paragraph (2), at least contain: a. magnitude of losses to the State; b. types of tort law; and c. a third party alleged perpetrators. (4) in the event that there are no losses on the recommendation of the Minister of State, ordered TPKN TPKN to remove the case of the loss of the State in question and remove it from the list of State Losses. Article 44 (1) if the report is based on the results of the verification of the State losses, there were TPKN TPKN undertakings so that the third party concerned to sign the deed of Acknowledgement of debt. (2) a debt Recognition Certificate as referred to in paragraph (1) contains the least amount of losses the country which must be paid by the party www.djpp.kemenkumham.go.id 2014, no. 175 18 is concerned, the third stage of the payment which is not longer than 12 months, the magnitude of penalty for late payment, and the granting of guarantees for the settlement of payment obligations. (3) if the third party is not willing to sign the deed of acknowledgement of the Debt, then the loss settlement is done based on the provisions of the legislation. (4) If a third party signed the deed of acknowledgement of the Debt but not the complete loss of the country within the period stated in the deed of acknowledgement of the Debt, then the settlement of losses of State Affairs Committee submitted to the Receivables of the State. CHAPTER VIII LIABILITY and SANCTIONS Article 45 RENTENG responsibility for conducting State indemnities arising due to tort negligent or intentionally done by more than one person, its implementation is essentially paced-renteng. Article 46 (1) Treasurer, civil servants are not the Treasurer, other officials and third parties has been set up to compensate for the loss of the State may be subject to administrative sanctions and criminal sanctions. (2) the ruling does not absolve a criminal indemnity from prosecution. (3) the leadership Echelon Unit I do not carry out obligations as referred to in article 8 may be penalized in accordance with the legislation. CHAPTER IX SETTLEMENT SUBMISSION and DELETION of article 47 STATE LOSSES in the case of settlement of losses of State based on ministerial regulation is stuck or cannot be billed, then settlement submitted to the Committee for the Affairs of the State of the accounts receivable. Article 48 of the General Secretariat on behalf of the Minister of State's loss handed the settlement as stipulated in article 47 by mail with the documents as follows: www.djpp.kemenkumham.go.id 2014, no. 175 19 a. reports a loss the State by the head of the Satker; b. documents of the ownership of the goods guarantees and pengikatnya; c. SKTJM; d. billing letters ever sent to the offender; e. final inspection results resumes against collateral, conducted 1 (one) month before the submission to the Committee for the Affairs of the State of the accounts receivable. Article 49 the State Losses can be eliminated in terms of: a. the offender died by not leaving the property, heirs, and no guarantors, or parties that also owed; and b. the insurer's debt does not have the ability to solve the country's losses based on assessment results TPKN. Article 50 the abolition of the country's losses as referred to in article 49 is done by the Minister issued a Decree the Elimination of Losses to the State, based on consideration of the CPC and the written consent of the Minister of finance. CHAPTER X the LIBERATION and REHABILITATION of article 51 (1) release of the loss the country can do, if: a. There is no enough evidence about the existence of a tort; and/or b. an objection/defense of the party that is alleged to cause losses to the State, received by CPC or TPKN. (2) the exemption of the State losses referred to in paragraph (1) for civil servants is not the Treasurer and other officials designated by decision of the Minister in accordance with the Format of the Example 10. Article 52 the Minister may issue a Decree to rehabilitate the name of both the Treasurer, Treasurer, not civil servants or other officials, after acquiring the consideration of CPC or based on input from TPKN. www.djpp.kemenkumham.go.id


2014, no. 175 20 CHAPTER XI Treasurer Article 53 Duty EXPIRED, civil servants are not the Treasurer, or other officials to pay punitive damages, be expired if within 5 (five) years since he knew the loss of those countries or within 8 (eight) years from the occurrence of the loss of the State done no indemnity against prosecution. Article 54 (1) in case the Treasurer, Treasurer, not civil servants or other officials who have been appointed to replace the loss of the State is in the pardon, escape, or died, the prosecution and billing him switch to the right to acquire pengampu//heirs, limited wealth maintained or acquired, derived from the Treasurer, Treasurer, not civil servants or other officials are concerned. (2) the responsibility of the gaining rights pengampu//heirs to pay damages the country becomes clear when within 3 (three) years since the Court ruling set a pardon to the Treasurer, Treasurer, not civil servants or other officials concerned, or the relevant known since fled or died, which acquired the rights to pengampu//heirs are not notified by the competent authority of the country's losses. CHAPTER XII OTHER PROVISIONS-other Article 55 in case of lack of money, securities, and/or lack of goods which are not caused by the tort committed by officers of the Treasurer, not the Treasurer, other officials and third parties as set forth in the regulations of the Minister, the Secretary General of the speaker may propose deletion TPKN losses of State to the Minister, in accordance with the laws-invitation. CHAPTER XIII CLOSING PROVISIONS Article 56 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of culture and tourism Numbers pm. 102/KU. 602/MKP/2010 about 2014, www.djpp.kemenkumham.go.id no. 175 21 resolution of the country's Losses in the environment of the Ministry of culture and tourism and all the conditions of its implementation, revoked and declared inapplicable. Article 57 this Ministerial Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on January 28, 2014, MINISTER of TOURISM and the CREATIVE ECONOMY of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on February 6, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id