Regulation Of The Minister Of Finance Number 160/fmd. 06/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 160/PMK.06/2013 Tahun 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c514487a3b0a199313233343235.html

BN 1339-2013. doc REPUBLIC INDONESIA No. 1339, 2013 the MINISTRY of finance. Auctioneer. Providence. Changes. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 160/FMD. 06/2013 ABOUT CHANGES to the REGULATION of the MINISTER of FINANCE NUMBER 176/FMD. 06/2010 ABOUT AUCTIONEER with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order menumbuhkembangkan Auctioneer who was able to provide the benefits of auction services for the dynamic society, viewed the need to make changes to the provisions regarding the Auctioneer; b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of finance about the changes to the regulation of the Minister of finance Number 176/FMD. 06/2010 about Auctioneer; Remember: 1. Regulation of the Minister of finance Number 93/FMD. 06/2010 about the auction Guidelines as amended by regulation of the Minister of finance Number 106/FMD. 06/2010; 2. Regulation of the Minister of finance Number 176/FMD. 06/2010 about Auctioneer; www.djpp.kemenkumham.go.id 2013, no. 1339 2 decide: define: REGULATION of the MINISTER of FINANCE ABOUT the CHANGES to the REGULATION of the MINISTER of FINANCE NUMBER 176/FMD. 06/2010 ABOUT AUCTIONEER. Article I a few provisions in the regulation of the Minister of finance Number 176/FMD. 06/2010 about Auctioneer amended as follows: 1. The provision of article 1 added 2 (two) figures i.e. number 13 and 14, to read as follows: article 1 In this ministerial regulation is: 1. the Auctioneer is a legal entity Indonesia shaped limited liability company (PT) specifically established to conduct business activities in the field of auction 2. The Minister is the Minister of Finance of the Republic of Indonesia. 3. the Directorate General of State Wealth, hereinafter abbreviated as DJKN, is a unit of Echelon I in the Environment Ministry of finance which has the task of formulating and implementing the policies and technical standards in the field of wealth State, accounts receivable of State and the auction in accordance with policies established by the Minister of finance and pursuant to applicable legislation. 4. The Director-General is the Director General of the country's Wealth. 5. The auction Director, hereinafter called the Director, is one of the Official units of the Echelon II in the Environment Directorate of the wealth of the country which has the task of carrying out the preparation of formulation of activity, standardization and technical guidance, evaluation and implementation of the construction planning the auction, inspection, supervision, and coaching the performance in the field of technical policy based auction set by the Director General. 6. the Regional Office of the Directorate General of the country's Wealth, which is hereinafter referred to regional offices, the Agency is the Directorate General vertical Wealth Countries that are under and is responsible directly to the Director General. 7. Service Office a wealth of State and the Auction, which was called KPKNL, are instances of vertical Directorate General of State Wealth that is under and is responsible directly to the head of the regional office. www.djpp.kemenkumham.go.id 2013, no. 1339 3 8. Class I is the Auction officials officials of the Directorate General of employee Wealth Auction State authorities carry out Auctions of execution, Auction Noneksekusi Auction Noneksekusi and mandatory, voluntary. 9. The auction Officials class II is a private Auction Officials authorized to carry out Voluntary Noneksekusi Auction. 10. Moving address was change of address Auctioneer's Office in one city or County the place position. 11. Move the seat is a change in domicile Auctioneer outside town or county seat. 12. The fine is an obligation to pay a certain sum of money to the State because of a violation of the terms of the remittance of customs auctions. 13. Place Bonded Auction is where Hoarding Bonded to stockpiling of imported goods within a certain period to be sold in an auction. 14. the organizer of the auction Place Bonded Bonded Auction Entrepreneurs at once is a business entity in the form of a legal entity which organizes and lobbies for Bonded Auction Place. 2. The provisions of article 2 is modified to read as follows: article 2 (1) the Auctioneer was founded in the form of a limited liability company. (2) the Auctioneer as referred to in paragraph (1), can be established by: a. national private; b. STATE-OWNED ENTERPRISES; c. LOCAL GOVERNMENT; d. national private, STATE-OWNED ENTERPRISES and/or OWNED COMPANIES that work together in the form of joint ventures; or e. a national private, STATE-OWNED ENTERPRISES and/or OWNED COMPANIES who cooperate with foreign private sector in the form of joint ventures; in accordance with the provisions of the legislation. (3) a limited liability company referred to in subsection (1) must have a paid-in capital of at least Rp RP 5 billion (five billion dollars). www.djpp.kemenkumham.go.id 2013, no. 1339, 4 (4) of the shares by the foreign private sector as referred to in paragraph (2) letter e is determined at most 49% (forty nine perseratus) of paid-in capital. 3. The provisions of paragraph (2) letter b of article 4 is modified and added the letter n, so article 4 reads as follows: article 4 (1) the Board of Directors Auctioneer apply operational Auctioneer permission in writing to the Director-General with the format as set out in annex II which are part an integral part of the regulation of the Minister of finance. (2) the application for the operational permit referred to in subsection (1) must be completed document requirements: a. deed of establishment of the Auctioneer, made before a notary and legalized by the relevant authorities; b. proof of paid-in capital of at least Rp RP 5 billion (five billion dollars); c. current account on behalf of the Auctioneer is concerned; d. proposal for the establishment of the auction Hall contains among other things: 1) the scope of the activities of the Auctioneer; 2) organization structure the following personnel, including energy assessor, energy law, if the law of power and energy assessors work as employees of the Auctioneer is concerned; and 3) activity plan an auction for 1 (one) year; e. balance sheet early Auctioneer is concerned; f. certificate or proof of ownership or lease agreement with the shortest lease period of 2 (two) years and the photos as supporting data availability of office facilities with an area of at least 60 m2 and warehouse/storage of goods with an area of at least 100 m2; g. photocopies of the identity of the shareholders and Board of Directors Auctioneer with original shows; h. photocopying Staple Number Taxpayers (NPWP) Auctioneer, shareholders and directors by showing the original, specific to the foreign nationality of shareholders subject to the provisions of the taxation; i. Statement of shareholders and Board of Directors Auctioneer that concerned do not have bad credit in government/private bank and is not included in the list of www.djpp.kemenkumham.go.id 2013, no. 1339 5 people Stigmatized (DOT) with the format as set out in Annex III which is an integral part of part of the regulation of the Minister of finance; j. Office of the Domicile Affidavits Auctioneer of the local neighborhood; k. business place License (SITU) or similar type/description licence issued by the relevant authorities; b. proof of availability of personnel assessment in the form of a diploma/certificate of evaluator and a letter of agreement, if the energy assessors in question originated outside Auctioneer; d. evidence of the availability of legal power in the form of a diploma Bachelor of law and letters of agreement, if the power of the law in question originated outside Auctioneer; n. photocopying of limited residence permit Card (KITAS) and photocopying licence work from institutions authorized for the Board of directors or trustees and Commissioners of foreign nationality. (3) the operational Permit Auctioneer awarded after: a. document the requirements referred to in paragraph (2) stated to complete; and b. conducted a review of the location. 4. Between article 4 and article 5 is inserted 1 (one) article, namely Article 4A which reads as follows: Article 4A (1) the Auctioneer can perform business activities on-site auction Auction Bonded and acted as the organizer of the Auction Bonded Bonded Auction Entrepreneurs at once. (2) to be able to do the auction business activities as intended in paragraph (1) the Auctioneer must apply for a business licence auction in Bonded Auction in writing to the Director General of the cq. The auction Director with copy to the head of the regional office. (3) the petition letter auction business license Bonded Auction Place referred to in subsection (2) must be equipped with document requirements: a. Decree of operational Permits Auctioneer; b. evidence has been registered in the customs as an entrepreneur who has a Parent Number Customs (NIK); www.djpp.kemenkumham.go.id


2013, no. 1339 6 c. ownership documents or the shortest Auction mastery 3 (three) years which is equipped with a floor plan of the plan describe the place of hoarding goods to be auctioned and auction; and d. a photocopy of the identity card of the shareholders and Board of Directors Auctioneer by pointing out the original. (4) the Director General of the cq. The Director did a study of auction business license application in place of the Bonded Auction after the petition along with the complete requirements document is received. (5) the Director General of the cq. The Director and/or regional offices conduct a review of the field against the facilities owned/controlled Auctioneer to conduct business activities in place auction Auction Bonded. (6) in the case based on the results of the study and the results of the review of the field against the facilities owned/controlled Auctioneer has been in accordance with the planning blueprints of the description of the place of hoarding goods to be auctioned and auction, Director General gives approval of auction business license in place of Bonded Auction. 5. In between article 8 and article 9 is inserted 1 (one) article, namely Article 8A which reads as follows: Article 8A (1) representative office the Auctioneer moved address or move position in the same Area, the Office is obliged to notify in writing to the Head Office of the Local Area with copy to the Director-General, the longest 7 (seven) working days after moving address or move position. (2) the representative offices of the Auctioneer moved address or move position in the same Area Office is obligated to inform the public through the local daily newspapers. (3) the notice referred to in subsection (1) must attach a photocopy of: a. the Board of Directors meeting of the treatise; b. affidavit of availability of office facilities with an area of at least 36 sqm; c. certificate of residency offices Auctioneer from the local neighborhood; www.djpp.kemenkumham.go.id 2013, no. 1339 7 d. THERE or permit/certificate of its kind issued by the authorized institution; and e. evidence announcements moved address or moving the seat in the same area. (4) every move address or move position in the Office of the same area as referred to in paragraph (1) followed up with a review conducted by the Office of the location of the Local Area. (5) the results of a review of a location referred to in paragraph (4) reported to the Director General of c. q Director. 6. Between article 10 and article 11 pasted one article, namely Article 10A which reads as follows: article 10A Auctioneer and auction Hall Representative Office put up a shingle in front of the Office. 7. The provisions of article 11 paragraph (1) added one (1) letter i.e., letter d, and added one (1) subsection i.e., subsection (4), so the article 11 reads as follows: article 11 (1) in the event of a change of shareholders, the Auctioneer is obligated to apply for permission in writing to the Director General with a copy to the head of the Office of the Local Area, most 7 (seven) working days after the decision of the shareholder change , attaching a photocopy of: a. the identity of the prospective shareholders new with original shows; b. NPWP prospective shareholders new with original shows, specifically for prospective Foreign shareholders, the provisions regarding such matters is subject to the provisions of the taxation; c. waiver from the nominees to the new shareholders, that question has no bad debts in government/private bank and is not included in the DOT; and d. a newspaper account on behalf of the Auctioneer is concerned. (2) the Director-General gave the permission changes to shareholders after the requirements referred to in subsection (1) is declared complete, with the format as set out in Annex VI which is part an integral part of the regulation of the Minister of finance. www.djpp.kemenkumham.go.id 2013, no. 1339 8 (3) the Auctioneer has obtained permission changes to old shareholders, most 7 (seven) working days after the passage of the change of shareholders by the authorized agency, compulsory informing the Director General with a copy to the head of regional office seat Auction Hall, attaching: a. a notary about shareholder changes Auctioneer; b. the certificate or endorsement from the authorized agencies about the change of shareholders of Auctioneer; and c. NPWP new shareholders with original shows. (4) the Auctioneer who conducted a change of shareholders, while a capital of less than Rp disetornya RP 5 billion (five billion rupiah), mandatory add a paid-in capital as referred to in article 2 paragraph (3). 8. The provisions of article 23 of the letters b, c, e, and f were changed so that letter reads as follows: article 23 in conducting its business activities, the Auctioneer is obligated: a. pay in Exchange for the services of officials of the Auction in accordance with class II; b. submit proof of payment Guarantee auction bidding from the auction participants and copy of current account data that lists Auction Hall Deposit Guarantee auction bidding in accordance with the conditions to officials carrying out the Auction auction; c. return the auction bidding Guarantees no cuts to the bidder who is not confirmed as the buyer; d. deposit Customs Auction to the State Treasury the longest one (1) business day after the auction Price paid by the buyer; e. the guarantee deposit auction bidding from buyers that tort to which is entitled in accordance with the treaties, in terms of auction the auction Officials implemented by class II; f. Deposit Guarantee auction bidding from buyers of the tort of 50% (fifty per cent) to the State Treasury within 1 (one) business day after the cancellation of the designation of the buyer by officials of the Auction or 1 (one) business day after the results of the Bank guarantee claim is accepted by the Auctioneer, and of 50% (fifty percent) to which is entitled in accordance with the treaties, in terms of auction the auction Officials implemented by class I; www.djpp.kemenkumham.go.id 2013, no. 1339 9 g. submit proof of payment of the auction price in the form of receipts, proof of the setor/transfer, a copy of the current account data that lists Auction Hall settlement price the auction, proof of Customs auctions, setor PPh Final over transfer of land rights and/or building, to officials of the auction at the time asked for a copy of the Treatise of the auction; h. submit a Quote and payment receipts Auction Treatise auction to the buyer after buyer's obligations are met; i. submit the goods and documents of ownership of the object of the auction to the buyer after buyer's obligations are met; j. submit the Net auction to the owner of the longest item 3 (three) business days after payment is received; and k. hosts the administration offices and reporting. 9. The provisions of paragraph (1) of article 32 amended to read as follows: article 32 (1) against the Auctioneer who do not meet warning letter over the fulfillment of obligations not referred to in article 31, paragraph (1) within a period of one (1) month from the date of the letter of warning, given final warning letter by the head of the Office of the region where the position of the Auctioneer. (2) against the Auctioneer who didn't heed the warning letter over the offences referred to in article 31 paragraph (2), given last warning letter by the head of the Office of the region where the position of the Auctioneer. 10. The provisions of subsection (1), subsection (3), and subsection (5) of article 33 amended to read as follows: article 33 (1) in the event the Auctioneer does not meet or does not heed the final warning letter as referred to in article 32, in a period of 1 (one) month from the date of the warning letter, the head of the Regional Office of filing a proposal sanctions freezing the operational permit Auctioneer. (2) the Director-General on behalf of the Minister do the operational permit freezing Auctioneer who did the offence referred to in subsection (1) based on the proposal of the head of the Office of the local Region and the consideration of the Director. www.djpp.kemenkumham.go.id


2013, no. 1339 10 (3) Director-General published a decree freezing the operational permit Auction Hall for a period of 1 (one) months from the receipt of the proposal of freezing the operational permit from the Head Office of the Region using the format as set out in Annex VII part an integral part of the regulation of the Minister of finance. (4) the freezing of the operational permit Auctioneer as referred to in subsection (1) is submitted to the heads of the regional offices for distribution. (5) the freezing of the operational permit referred to in subsection (1) is granted for a period of 6 (six) months. 11. The provisions of article 35 is amended to read as follows: article 35 operational permit Freezing Auctioneer revoked, if the Auctioneer has completed its obligations and operational permits the freezing period has ended. The provisions of article 37 added one letter i.e., letter g, to read as follows: article 37 operational Permit Auctioneer revoked without warning letters, preceded by the warning letter and the freezing of the operational permit if: a. operational permits granted after apparently retrieved information/data that is not true or false; b. selling items that are submitted to him other than by way of an auction; c. carry out auctions not before officials of the Auction; d. carry out Execution and/or Auction Auction Noneksekusi is mandatory; e. conducting business activities outside the permissions granted, among other actions calling to the debtor, billing receivables (debt collector); f. buy themselves goods auctioned off either directly or indirectly; and/or g. There is a petition for revocation, in writing, of the operational Board of Directors Auctioneer, attaching the deed of GMS about dissolution of the Auctioneer. www.djpp.kemenkumham.go.id 2013, no. 1339 11 article II 1. At the time of this ministerial regulation came into effect: a. operational permit application for Auctioneer and permit application for change of shareholders who are still in the process of settlement, still processed in accordance with regulation of the Minister of finance Number 176/FMD. 06/2010 about Auctioneer; b. operational Permit Auctioneer with magnitudes of paid in capital in compliance with the provisions at the time the operational permit Auctioneer published stated remains valid; c. Auctioneer with share ownership consist of national private, STATE-OWNED ENTERPRISES and/or OWNED COMPANIES who cooperate with foreign private sector in the form of joint ventures, should become the most numerous foreign 49% (forty nine perseratus) paid-in capital of the longest period of 1 (one) year. 2. 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 November 14, 1995 the MINISTER of FINANCE of the REPUBLIC of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on November 14, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id