REPUBLIC OF INDONESIA STATE NEWS

No. 1339, 2013 MINISTRY OF FINANCE. Auction Hall. Holding. Change.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 160 /PMK.06/ 2013 ABOUT

CHANGES IN THE REGULATION OF FINANCE MINISTER NUMBER 176 /PMK.06/ 2010 ABOUT THE AUCTION HALL

WITH THE GRACE OF THE ALMIGHTY GOD MINISTER FINANCE REPUBLIC OF INDONESIA,

Counterpart: a. that in order to grow the Hall of Lelang which is capable of providing auction service benefits to a dynamic society, it is considered necessary to make a change of provision regarding the Lelang Hall;

b. that based on consideration as referred to in the letter a, it needs to establish the Finance Minister ' s Regulation on the Changes to the Regulation of Finance Minister Number 176 /PMK.06/ 2010 about the Lelang Hall;

Given: 1. Regulation of Finance Minister Number 93 /PMK.06/ 2010 on the Implementation Directive of the Auction as amended with the Regulation of the Minister of Finance Number 106 /PMK.06/2010;

2. Regulation of Finance Minister Number 176 /PMK.06/ 2010 about Lelang Hall;

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DECIDED: Establishing: REGULATION OF FINANCE MINISTERS ON

CHANGES TO THE REGULATION OF FINANCE MINISTER NUMBER 176 /PMK.06/ 2010 ABOUT THE AUCTION HALL.

Article I

Some provisions in the Regulation of Finance Minister Number 176 /PMK.06/ 2010 about the Hall of Lelang are changed as follows: 1. The provisions of Article 1 are added 2 (two) the numbers 13 and 14,

so it reads as following: Article 1

In Regulation of this Minister referred to: 1. The Hall of Lelang is the Indonesian Law Agency in the form

Limited Perseroan (PT) which is specially established to conduct business activities in the field of auction

2. The Minister is the Finance Minister of the Republic of Indonesia. 3. The Directorate General of Wealth of State, which is next abbreviated

DJKN, is an Eselon I unit in the Ministry of Finance's environment that has the task of formulating and carrying out the policy and standardization of technical in the field of country's wealth, State debt and auction in accordance with the policies set forth by the Minister of Finance and under applicable law.

4. The Director General is Director General of Wealth of State. 5. The Director of the Auction, the next Director, is incorrect

one Officer of the Eselon II unit in the Directorate General of Wealth of State who has the task of carrying out the preparation of the formulation of activities, standardization and technical guidance, the evaluation and implementation of the coaching of the auction planning, inspection, supervision, and performance coaching in the auction field based on the technical discretion specified by the Director General.

6. The Office of the Directorate General of the Wealth of State, which is later called the Regional Office, is the vertical instance of the Directorate General of the Wealth of State that is below and directly responsible to the Director General.

7. The Office of the Wealth Service of the State and Lelang, later called the KPKNL, is the vertical instance of the Directorate General of the Wealth of State which is below and is directly responsible to the Head of the Area Office.

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8. Class I Auctions are the officers of the Lelang officer of the Directorate General of the Wealth of State who are authorized to carry out the Execution Auctions, Non-Compulsory Auctions, and Voluntary Nonexecutions Auctions.

9. The Class II auction official is a private Lelang official who is authorized to carry out the voluntary nonexecution auction.

10. A move address is a change in the address of the office of the Lelang Hall in one city or county where it is used.

11. Moving places is a change in the domicile Hall of Lelang outside of the city or the county seat of the old place.

12. A fine is an obligation to pay a certain amount of money to the state for violations of the provision of the Bea Lelang deposit.

13. The Binding Auction Place is the Stockpile's place to stockpile imported goods within a certain period of time for sale at auction.

14. The organizers of the Berikat Auction venue and the Lelang Berikat Residence are the governing body of the law which organizes and enforces the place of the Lelang Tie.

2. The provisions of Article 2 are amended so that it reads as follows:

Article 2

(1) The Lelang Hall is established in the form of a Limited Perseroan.

(2) The Hall of Lelang as referred to in paragraph (1), can be established by:

a. national private;

b. BUMN;

c. BUMD;

d. National private, BUMN and/or BUMD are working together in a joint venture; or

e. national private, BUMN and/or BUMD working with foreign private private in a joint venture;

in accordance with the provisions of the laws.

(3) Limited Perseroan as referred to in paragraph (1) must have the least amount of dictor capital of Rp5,000.000.00 (five billion rupiah).

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(4) The ownership of the shares by foreign private as referred to in paragraph (2) the letter e is determined at most 49% (forty-nine perhundred) of the capital of the company.

3. The provisions of paragraph (2) of the letter b Section 4 are amended and added to the letter n, so that Article 4 reads as follows:

Section 4 (1) The Board of Directors of Lelang Hall applied for the application of the operational clearance of the Hall

Lelang in writing to the Director General with the format as specified in Annex II which is an inseparable part of this Financial Minister Regulation.

(2) The application of operational clearance as referred to in paragraph (1) must be supplemented requirements: a. the deed to the establishment of the Hall of Lelang, which was made in the presence of Notary

and has been authorized by the authority of the authorized agency; b. Evidence for the capital is at least Rp5,000.000.00 (five

billion rupiah);

c. Newspaper accounts on behalf of the Hall of Lelang are concerned; d. The creation of the Lelang Hall proposal includes:

1) the scope of the Lelang Hall activities; 2) the organization's structure following personnel, including power

assessor, force, if the assessor and the legal power are working as an employee of the Lelang Hall is concerned; and

3) the auction activity plans for 1 (one) year; e. The initial balance sheet of the Lelang Hall is concerned; f. a certificate or proof of entitlement or proof of agreement or letter of agreement

rent with the shortest lease term 2 (two) years as well as a photo as the supporting data is available to an office facility with at least 60 m2 and warehouse/storage area items with an area of at least 100 m2;

g. photocopy of the identity of the shareholders and the direction of the Lelang Hall by showing the original;

h. (NPWP) Auction Hall, shareholders and directors by showing the originals, specifically for foreign citizenship shareholders are subject to the applicable taxation provisions;

i. Letter Statement from the shareholders and the board of the Hall of Lelang that the concerned does not have any traffic credits in government/private banks and not included in the

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Despicable People (DOT) with formatting as specified in Annex III which is an inseparable part of this Financial Minister Regulation;

j. The Domicile Certificate of the office of the Lelang Hall of the local agility;

k. An Entity's Permission Letter (SITU) or a type of license/description issued by the authorized instance;

b. The proof of the assessor is a certificate/certificate certificate and a work agreement letter, if the assessor's power is concerned from outside the Hall of Lelang;

m. The proof of legal power is a legal degree of law and a work agreement, if the legal force in question comes from outside the Hall of Lelang;

n. (KITAS) and photocopies of the license to work from the agency authorized to the board of directors or administrators and commissioners of foreign citizenship.

(3) The operational clearance of the Lelang Hall is granted after:

a. the terms document as referred to in paragraph (2) is specified; and

b. conducted a location review.

4. Between Section 4 and Section 5 of each section, Article 4A, which reads as follows:

Article 4A

(1) The Lelang Hall may conduct auction business activities at the Lelang Site and act as the Host of the Site. Berikat Auction And Businessman's Place of Lelang Bound.

(2) To be able to conduct auction venture activities as referred to in verse (1) Lelang Hall must apply for auction of auction business at the Place of Lelang Berikat in writing to the Director General of the cq. The Director of the Auction with busan to the Head of the Region Office.

(3) The auction of the auction venture permit in the Place of Lelang Berikat as referred to in the paragraph (2) must be supplemented with a document requirement:

a. Auction Hall Operational Approval Decision;

b. evidence has been registered in Customs as a Employers who have the Mother ' s Parent Number (NIK);

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c. document ownership or mastery of the shortest Lelang Site 3 (three) years equipped with a plan denah describing the stockpile of goods that will be auctioned and auction venue; and

d. photocopy of the identity card of the shareholders and the board of Lelang Hall by showing the original.

(4) Director General cq. The Director conducted a study on the application of the auction of auction efforts at the Lelang Venue, after the request and the complete requirement document was accepted.

(5) Director General cq. The Director and/or the Office of the Area conducted a field review of the facilities owned by the Hall of Lelang to organize the auction of the auction at the Lelang Venue.

(6) In terms of the results of the study and results The field review of the facility which is owned by Hall Lelang has been in accordance with the planning overview of the plan of stockpiling goods and auction venues, the Director General gave the approval of the auction venture's permit. " in Place Of The Lelang Tie.

5. Between Section 8 and Section 9 of the following section, Section 8A is the following:

Section 8A (1) the representative office of the Lelang Hall that moved the address or moved

the position in the same Area Office, it is mandatory. notify in writing to the Head of the local Area Office with busan to the Director General, at least 7 (seven) business days after moving the address or move out of position.

(2) The Lelang Hall representative office moved the address or move to the same office in the Office of the same obligation to inform the general audience. local daily newspaper.

(3) Notices as referred to in paragraph (1) must attach: a. photocopy of the board of directors meeting; b. The statement of the statement is available at least 36 m2 (at least 36 m2);

c. letter of the domicile office of the Lelang Hall representative office of the local agility;

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d. SITU or a permit/letter of similar information issued by the authorized agency; and

e. proof of the announcement of moving the address or moving place in the same Region Office.

(4) Each move address or move up in the same Area Office as referred to in paragraph (1) follow up with the location review

(5) The results of the location review as referred to in paragraph (4) are reported to the Director General c.q Director.

6. Between Article 10 and Article 11 of the first one (one) section, Article 10A which reads as follows:

Article 10A of the Lelang Hall and the Office of Representative of the Hall of Lelang shall set up a nameplate in front of the office.

7. The provisions of Article 11 (1) are added 1 (one) letter of the letter d, and added 1 (one) the paragraph (4), so that Article 11 reads as follows:

Article 11

(1) In the event of a change in shareholders, the Lelang Hall is mandatory. submit a written request in writing to the Director General by busan to the local Regional Office Chief, 7 (7) business days after the shareholder change decision, by attaching it to:

a. photocopy the identity of the new shareholder-holder by showing the original;

b. NPWP photocopies of NPWP new shareholder candidates by showing the original, specifically for the prospective Foreign stakeholders, the provisions of the matter are subject to applicable taxation provisions;

c. new ones, that the concerned do not have stalled credit at government/private banks and are not included in DOT; and

d. a newspaper account in the name of the Hall of Lelang in question. (2) The Director General gives the holder change permission

after the terms as referred to in paragraph (1) are declared complete, with the format as specified in Annex VI which is an inseparable part of This Financial Minister ' s regulation.

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(3) The Lelang Hall has obtained a shareholder change permit, at least 7 (seven) business days following the passage of shareholder change by the authorized instance, authoring to notify the Director General with stews to the Head of the Regional Office the seat of the Lelang Hall, by attaching it: a. Notaries on the changing shareholder of the Lelang Hall; b. letter of information or attestation of an agency that

authorities about the changes in the holder of the Lelang Hall shareholders; and

c. photocopy of NPWP the new shareholders by showing the original.

(4) Lelang Hall is performing stakeholder changes, while its home capital is less than Rp5,000.000.000.00 (five billion rupiah), is required to add a dictor capital as referred to in Article 2 of the paragraph (3).

8. The provisions of Article 23 of the letter b, c, e, and the letter f are changed, thus it reads as follows:

Article 23 In performing its business activities, the Hall of Lelang is obliged to: a. pay the services rewards Officer Lelang Class II according to the provisions; b. submitted evidence of the Lelang Offering Guarantee payment

of the auction participants and a copy of the Lelang Hall newspaper account which lists the Lelang Offer Guarantee data in accordance with the provisions to the Lelang officials who carry out the auction;

c. returns the Lelang Offer Guarantee without a cut to an auction participant who is not authorized to be a Buyer;

d. Refresh the Customs Service at least one (1) business day after Lelang Price is paid for by the Buyer;

e. Lease the Lelang Offer Guarantee of the Default Buyer to the entitled in accordance with the agreement, in the event of an auction executed by the Class II Officer II;

f. Lease the Lelang Offering Guarantee of a Default Buyer of 50% (fifty percent) to the State Kas within 1 (1) business days after the cancellation of the Appointment appointment by an Lelang Officer or 1 (one) business day after the claim result The Bank's warranty is accepted by the Hall of Lelang, and by 50% (fifty percent) to which is entitled according to the agreement, in the event of an auction exercised by the Class I Office of Lelang;

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g. Handing over evidence of the auction price of the auction is a quicance, proof of setor/transfer, a copy of the Lelang Hall newspaper account that lists the auction price of the auction, evidence setor Bea Lelang, the final payment of the Land of the Rights and/or Building, to The auction official at the time asked for a copy of the Auction Treatise;

h. submitted the Quotation of the Auction Treatise and the payment of the auction payment to the Buyer after the Buyer's obligation was met;

i. Handing out items and documents ownership of the auction object to the Buyer after the Buyer's obligation is filled;

j. submitted the net proceeds of the auction to the owner of the most durable goods 3 (three) days after the payment was received; and

k.organizes office administration and reporting.

9. The provisions of paragraph (1) of Section 32 are amended, so that it reads as follows:

Article 32

(1) Against the Hall of Lelang which does not comply with the notice of not being subject to any obligation as referred to in Article 31 of the paragraph (1), in the term time 1 (one) month since the date of the warning letter, given the final warning letter by the Head of the Office of the Office of the Auction Hall.

(2) Against the Hall of Lelang which does not heed the warning letter for the breach as referred to in Article 31 of the paragraph (2), given the final warning letter by the Chief Office The area of the seat of the Lelang Hall.

10.Terms of paragraph (1), paragraph (3), and paragraph (5) Article 33 is changed, so it reads as follows:

Article 33

(1) In terms of the Hall of Lelang does not meet or not heed the letter Last warning as referred to in Article 32, in the term of 1 (one) months from the date of the last warning letter, the Chief Office of the Territories submitted the granting of the granting of the freeze-off operational clearance of the Lelang Hall.

(2) the Director The general in the name of the Minister did freeze operational clearance Hall Lelang that did The violation as referred to in paragraph (1) is based on the proposal of the local Regional Office Head and consideration of the Director.

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(3) The Director General publishes a decree freezing the operational clearance of Lelang Hall in the term 1 (one) months since the receipt of the operation of the operational clearance of the Office of the Territories Office with use the format as specified in Annex VII which is an inseparable part of this Financial Minister Regulation.

(4) Freezing the operational clearance of Lelang Hall as referred to by paragraph (1) is delivered to the Head of the Area Office to be disseminated.

(5) Freezing operational clearance as referred to the paragraph (1) given for a term of 6 (six) months.

11. The provisions of Article 35 are amended so that it reads as follows:

Article 35

The freeze of Lelang Hall operational clearance is revoked, if the Lelang Hall has completed its obligations and the operational clearance freeze period has ended

12. The provisions of Article 37 are added to the letter g, so it reads as follows:

Article 37

The Lelang Hall operational permit is revoked without being preceded by a warning letter, the last warning letter and an operational clearance freeze if:

a. After an operational permit is given the correct or false data is obtained;

b. sells goods handed to him other than by way of auction;

c. carry out an auction not in the presence of Lelang Officer;

d. carrying out Execution Lelang and/or Mandatory Non-Execution Auctions;

e. doing business activities outside of the given permission, among others doing a summoning act to the debtor, billing the debt (debt collector);

f. buy themselves goods that are auctioned either directly or indirectly; and/or

g. there is an application for the revocation of operational clearance in writing from the Lelang Hall of Directors, by attaching the RUPS decision deed regarding the dissolution of the Lelang Hall.

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Article II 1. At the time the Minister ' s Ordinance came into effect:

a. The application of Lelang Hall operational clearance and the application of shareholder change permit still in the process of completion, remains processed in accordance with the Regulation of Finance Minister Number 176 /PMK.06/ 2010 about the Hall of Lelang;

b. The operational clearance of the Lelang Hall with the quantity of the capital dictor in accordance with the provisions of the time when the operational clearance of the Lelang Hall is issued is stated to be valid;

c The auction hall with a shareholding consisting of a national private, BUMN and/or BUMD that works closely with foreign private in a joint venture, must be foreign to be at most 49% (forty-nine perhundred) of the highest-paid capital. in the term of 1 (one) year.

2. The rules of the Ministry are effective on the date of the promulgations. In order for everyone to know, ordered the invitational of the Minister's Ordinance with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 14 November 2013 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, MUHAMAD CHATIB BASRI

promulbed in Jakarta on 14 November 2013 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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