Regulation Of The Minister Of Finance Number 81/fmd. 07/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 81/PMK.07/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c516ac98800a569313233353239.html

BN 601-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 601, 2013 the MINISTRY of finance. An Emergency Fund. The management. The Ordinance.

REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 81/FMD. 07/2013 ABOUT EMERGENCY FUNDS MANAGEMENT ORDINANCE by the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 15 of regulation the Government Number 44 in 2012 about the Emergency Fund, the need to set a regulation of the Minister of finance regarding the procedures for the management of the emergency fund;
Remember: the Government Regulation Number 44 in 2012 about Emergency Funds (State Gazette of the Republic of Indonesia Number 76 in 2012, an additional Sheet of the Republic of Indonesia Number 5299);
Decide: define: REGULATION of the MINISTER of FINANCE REGARDING the PROCEDURES for the MANAGEMENT of the EMERGENCY FUND.

CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. An emergency fund is a fund that came from the budget of the State Expenditures and Revenues are allocated to regions that are experiencing a national disaster and/or exceptional events.
2. The disaster is an event or series of events that threaten and disrupt the lives and livelihoods of communities caused by natural factors, nonalam, and/or human factors that lead to the onset of human casualties, damage to the environment, loss of property, and the psychological impact.
3. National Disaster and/or amazing event was a disaster which impacts broadly so as to interfere with the economy and social activities.
4. The Central Government that the Government is hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
5. Local Government is the Governor, Governor, or mayor, and other areas as the organizer of local governance.
6. The head of the regional Governor for the provinces or Regent for district or Mayor for city areas.
7. Minister of Finance Minister is called the Secretary of the organizing Affairs of the Government in the field of finances of the State and simultaneously serves as Treasurer General of the State.
8. The National Disaster Management Agency hereinafter abbreviated BNPB is nonkementerian government agencies in accordance with the provisions of the legislation.
9. Ministry of State of the Ministry are hereinafter called the device the Government certain Affairs wing in Government.
10. Budget income and Expenditure the State's next BUDGET is abbreviated annual financial plan approved by the State House of representatives.
11. Budget revenue and Spending areas further abbreviated annual financial plan is to GRANT local governance was discussed and approved by the local authorities and Representatives of the area, and is set by local regulations.
12. the General Treasurer of the State Budget which further shortened BA-BUN is a part of the budget that are not grouped in the budget section of the Ministries/agencies.
13. The General Treasurer of the State Budget Users hereinafter abbreviated PA-BUN was Finance Minister as officials who are tasked to carry out the functions of the Treasurer General of the State.
14. User General Treasurer's budget Aides of State management of Transfer into the area hereinafter referred to as the PPA-BUN Transfer is Director General of Financial Equalization established by the Minister of finance and is responsible for managing the budget Transfer to the area.
15. The power of User General Treasurer of State management of Budget transfers to Regional Emergency Fund Budget over a KPA hereafter-BUN DD is a unit of work unit echelons II in the Environment Directorate General of Financial Equalization obtained the assignment of PA-BUN/PPA-BUN Transfers to carry out the powers and responsibilities of the management of the Fund's budget emergency.
16. The General State Treasury Accounts hereinafter abbreviated to RKUN is the account of the money the State specified by the Minister of finance as Treasurer General of the State to accommodate the whole acceptance of the State and pay the entire State spending at the central bank.
17. the Public Treasury Account Area hereinafter abbreviated RKUD money storage account is the area that is specified by the Governor/Regent/Mayor to accommodate the entire reception area and pay the entire expenditure areas on the bank.
18. Plan Public Country Treasurer Spending Funds hereinafter abbreviated RDP-BUN is a work plan and budget of BA-BUN which contains the details of the needs of the Fund in the form of either a budget or financing in order fulfillment of obligations of the Government and transfer to an area that management has delegated by the President to the Secretary of the Treasury as the General Treasurer of the State.
19. A list of the results of the study Plan Public Country Treasurer Spending Funds hereinafter abbreviated DHP RDP-BUN is a document the results of the RDP-penelahaan BUN which contains the budget allocation according to program and established by the Director General of budget or other officials designated by the Director General of budget.
20. Budget Implementation Checklist General Treasurer State hereinafter abbreviated DIPA-BUN is a document the implementation of the budget which is used as a reference for PA-BUN as government activities in carrying out the execution of budgets compiled by the PPA-BUN.
21. Decree the determination Details the Transfer of emergency fund hereinafter abbreviated SKP-RTDD is a decree which resulted in expenditure over budget burden which contains the details of the amount of the emergency funds transfer to the area in a given period.
22. a Commitment Maker Officials subsequently abbreviated PPK is the official authorized by the PA-BUN/PPA-BUN to perform acts which resulted in the expenditure budget of the State.
23. the next payment Request Letter abbreviated SPP is a document published by the PPK which contains a request for payment of the Bill to the State.
24. the Pay Warrant further abbreviated MSS are documents issued/used by the PPA BUN or other officials designated to disburse the funds allocation sourced from DIPA or other documents used interchangeably.
25. A warrant further funding Disbursement abbreviated SP2D is a warrant issued by the Office of the State Treasury Ministry as Treasurer General of State Power for the execution of the STATE BUDGET burden of expenses on the basis of SPM.
26. Affidavit of Absolute Liability hereinafter abbreviated to SPTJM is an affidavit from a user of funds that States that the user is formally responsible for funds and materials to the PPA-BUN over the activities financed by the Fund.
27. the terms of reference of the next activity that abbreviated KAK is a document that contains the programs and activities that are planned.
28. Regional-owned enterprises hereinafter abbreviated OWNED COMPANIES is a business entity that was established by the local Government of the capital mostly/entirely belongs to the local government.
Article 2 (1) the Government allocated an emergency fund to local governments that are experiencing a National Disaster and/or amazing event and cannot be solved by a GRANT.
(2) Emergency Fund referred to in subsection (1) is in the area of income other income.
(3) Emergency Fund as referred to in paragraph (2) is only used for the purposes of urgent.
Chapter 3 emergency fund is managed in an orderly, conformed to the provisions of the legislation, efficient, economical, effective, transparent, and accountable with aspects of Justice and propriety.

CHAPTER II Filing is considered part of BUDGETING Funds Emergency article 4 (1) the head of a Region its territory experienced a National Disaster and/or an extraordinary Event request Emergency Funds to the Minister.
(2) the request for Emergency Funds as referred to in paragraph (1) attach the least: a. KAK pascabencana along with rehabilitation and reconstruction plan a budget for a period of 1 (one) year budget; and b. local regulations regarding BUDGETS fiscal year running.
(3) the request for Emergency Funds as referred to in paragraph (1) may be submitted per fiscal year during the pascabencana still in the stage.
(4) in the event that a portion or the entire Emergency Funds passed on to the LOCAL GOVERNMENT, KAK pascabencana along with a rehabilitation and reconstruction plan of the budget referred to in paragraph (2) letter a has to be enclosed with the statement of the head of the Regional Emergency Fund that would be distributed as grants.
Article 5 the Minister delivered a copy of the request for Emergency Funds as referred to in article 4 paragraph (1) to the head of BNPB.

The second part of the assessment of the proposed emergency fund Paragraph 1 reference frame of activities article 6 (1) the Minister jointly head of BNPB and/or the Minister/Chairman for the Government Agency related nonkementerian do verification and evaluation of Emergency Funding request.
(2) verification and evaluation referred to in paragraph (1) was carried out with the following conditions: a. the head of BNPB and/or the Minister/Chairman for the Government Agency related nonkementerian do verification and evaluation in order to top rating KAK and plans a budget from the aspect of the damage and losses to the preparation of the budget of the rehabilitation and reconstruction needs of the pascabencana; and b. the Minister conducting the verification and evaluation in the framework of assessing the appropriateness and adequacy of BUDGETS.
Paragraph 2 Assessment terms of reference Activities Chapter 7

(1) the head of BNPB act as Coordinator in order to top rating KAK and plan budget of the damage and losses to the preparation of budgets and a period of rehabilitation and reconstruction alongside the Minister of pascabencana/nonkementerian related government agency leadership.
(2) the head of BNPB and Minister/Government Agency related nonkementerian leadership is responsible for the assessment of results over the budget plan and KAK.
(3) the head of BNPB convey the results of the assessment upon the budget and plan of KAK as referred to in paragraph (1) to the Minister as one of the basis of calculation of the magnitude of the Emergency Fund.
(4) submission of the results of the assessment upon the budget and plan of KAK as referred to in paragraph (3) was done at least 15 (fifteen) working days after receipt of the copy of the request for Emergency Funds as referred to in article 5.
Paragraph 3 assessing the appropriateness and adequacy of the budget revenues and Spending Areas article 8 Assessment over the feasibility and adequacy BUDGETS referred to in article 6 paragraph (2) letter b is done by calculating the difference between the acceptance of the general public BUDGETS with spending BUDGETS.

Article 9 (1) public acceptance of a GRANT referred to in article 8 is not yet in receipt of the earmark, consisting of: a. the original Income Areas;

b. allocation of Public Funds; and c. the funds for non-earmark Results. (2) Public Expenditure BUDGETS referred to in article 8 is shopping which is mandatory.
(3) the mandatory nature of the Expenditure referred to in subsection (2) is shopping and shopping employees members of the House of representatives of the region.
Paragraph 4 of article 10 emergency fund Magnitudes (1) the magnitude of an emergency fund is calculated based on the difference between the results of the assessment over a budget plan and KAK by assessing the appropriateness and adequacy of BUDGETS.
(2) in terms of the value of the results over a budget plan and KAK are larger than on assessing the feasibility and adequacy of BUDGETS, then the difference is needs an emergency fund of local government.
(3) in case the value of the results over a budget plan and KAK is equal to or smaller than on assessing the feasibility and adequacy of BUDGETS, then the local Government will not obtain Emergency Fund allocation.
(4) based on the results of the calculation referred to in paragraph (2), the Ministry of finance and the Ministry of national development planning/National Development Planning Agency jointly determine the initial indication of the needs of Emergency Funds.
(5) Emergency Funding needs early indications as referred to in paragraph (4) is carried out based on the mechanism of STATE BUDGET.
(6) the Minister establishes the policy of quantity Emergency Fund on the Transfer to Other parts of the Transfer Area.
The third part of the determination of the allocation of section 11 (1) of the Emergency Funds set out in the Budget law regarding STATE BUDGET.

(2) the Minister establishes an Emergency Fund allocation per region.

The fourth part of budgeting in the budget revenue and Shopping area of article 12 (1) based on a determination of the Minister referred to in article 11 paragraph (2), the local authorities have budgeted Emergency Fund on receipt of other income in BUDGETS.
(2) local authorities have budgeted use of funds as Emergency spending in a GRANT based on the budget plan and KAK.
The fifth part is the use of Article 13 (1) Emergency Fund used to fund rehabilitation and reconstruction activities in the pascabencana which became the authority area within 1 (one) year budget in accordance with the provisions of the legislation.
(2) in the case of activities funded by the Emergency Fund as referred to in subsection (1) is not/can not be completed until the end of the fiscal year in question, then it can be extended up to the end of the next fiscal year in February.
CHAPTER III OFFICIALS TREASURY of articles 14 (1) the Minister as PA-BUN has authority over implementation of the budget of the emergency fund.
(2) to exercise the powers referred to in subsection (1), the Minister appoints the Director General of Financial Equalization as PPA-BUN Transfer.
Article 15 PPA-BUN Transfer as stipulated in article 14 paragraph (2) in the exercise of those powers have a duty, function, and responsibilities: a. draw up indicative fund spending needs BUN planned for the fiscal year;

b. compose an RDP-based funds launched BUN BUN spending set by the Minister;
c. coordinating and providing technical guidance to the KPA-BUN DD located underneath it in the framework of the preparation of the Fund's spending needs indications BUN, RDP-BUN, and the allocation of the funds expenses BUN; and d. compiling reports accountability of the management of the budget comes from BA-BUN in accordance with the provisions of the legislation.
Article 16 (1) PPA-BUN-BUN RDP deliver Transfer as stipulated in article 3 subparagraph (b) to the Director General of budget. (2) in case necessary, the PPA-BUN Transfer may propose revision of RDP-BUN.
(3) the procedures for the preparation and passage of RDP-BUN was carried out in accordance with the provisions of the legislation.
Article 17 (1) the Director General of Budget setting DHP RDP-BUN-BUN the PPA as a basis in drawing up Transfer DIPA-BUN.
(2) TH-BUN as referred to in subsection (1) is delivered by PPA-BUN Transfers to the Director General of budget to get the endorsement. (3) in case it is needed, the PPA-BUN Transfer can propose revision DIPA-BUN.
(4) the procedures for the preparation, revision and endorsement, DIPA-BUN was carried out in accordance with the provisions of the legislation.
Article 18 (1) PPA-BUN can grant a Transfer of authority as stipulated in article 14 to officials of Echelon II designated as KPA-BUN DD. (2) the designation of the KPA-BUN DD as referred to in paragraph (1) are ex-officio.

(3) the assignment and turn of the KPA-BUN DD not tied to the period of the fiscal year.
(4) in the event of a vacancy the KPA-BUN-BUN PPA DD, the Transfer of new officials pointed to as incumbent KPA-BUN DD.
(5) the PPA-BUN Transfer authorisation to KPA-BUN DD to establish: a. PPK; and b. the signing Official SPM.
(6) the PPA-BUN Transfer charge is formally and materially the implementation of channelling emergency fund.
Article 19 KPA-BUN DD has the duty and authority to: a. establish the RPC to perform acts which resulted in the expenditure budget of the State;
b. set the Official signing of the SPM to perform testing of the Bill and publication of MSS burden the State budget; c. provide supervision and consultation in the disbursement of funds;

d. supervise the administering documents and transactions related to the implementation of the budget; and e. Drawing up the financial statements and the performance of the implementation of the budget in accordance with the provisions of the legislation.
Article 20 (1) the determination of the PPK is not tied to the period of the fiscal year.
(2) in case there are no changes to the official designated as PPK at the time of the turn of the fiscal year, the period setting of the previous budget year PPK still remains valid.
(3) in the event of a vacancy PPK, KPA-BUN DD soon appoint new officials as incumbent PPK.
(4) the duties, authority, and responsibility of the PPK is carried out in accordance with the provisions of the legislation.
Article 21 (1) in order to carry out the testing authority bills and payment orders over the State budget burden, KPA-BUN DD Signing Officials pointing to the SPM. (2) the determination of the Official signing of the SPM is not tied to the period of the fiscal year.
(3) in the event that there is no change of officials designated as Signing Officer SPM at the time of the replacement period of the fiscal year, the determination of Officials of signatories of the previous budget year SPM still remains valid.
(4) in the event of a vacancy the signing Official SPM, KPA-BUN DD soon appoint new officials as the incumbent Officials Signing SPM.
(5) the duties, authority, and responsibility of the Official signing of the MSS is carried out in accordance with the provisions of the legislation.
Section 22 (1) PPA-BUN can Transfer doubles as PPK or Signing Officer SPM.

(2) Signing Officers and PPK SPM should not concurrently at each other.
(3) copies of the decision letter designation/appointment of KPA-BUN DD, PPK, the official signing of the SPM, delivered to the Office of the Ministry of the Treasury of the State.
(4) the submission of a letter of the decision referred to in subsection (3) is accompanied with specimen signatures of Signing Officers SPM and PPK.
(5) Effluent Decree designation/appointment of PPK with specimen signature submitted to the Official signing of the SPM.
CHAPTER IV PROCEDURES for CHANNELLING and DISBURSEMENT is considered part of the Channeling of article 23 (1) Channelling emergency fund administered by the mechanism of transfer to the area through the balance transfer from RKUN to RKUD.
(2) the distribution of emergency fund referred to in subsection (1) is carried out in three stages, namely: a. phase I after the Director General of Financial Equalization received local regulations regarding BUDGETS fiscal year running from the head Area;
b. phase II at least 15 (fifteen) working days after the KPA-BUN DD received reports of performance Achievements phase I financial year runs from the head of the region; and c. phase III at least 15 (fifteen) working days after the KPA-BUN DD receive Performance Achievement Report phase II financial year runs from the head region.
(3) the distribution of emergency fund as referred to in paragraph (2) is performed with the following details: a. phase I of 25% (twenty five percent) of Emergency Fund launched;
b. phase II of 50% (fifty percent) of Emergency Fund launched after reports of performance Achievements phase I reach at least 80% (eighty percent); and c. phase III by 25% (twenty five percent) of Emergency Fund launched after reports of performance Achievements phase I plus the phase II reaches at least 80% (eighty percent).
Article 24

(1) the distribution of emergency fund as referred to in article 11 is carried out on the basis of a letter of request for Channelling emergency fund from the head region or officials authorized to KPA-BUN DD.
(2) a letter of request for Channelling emergency fund phase I is equipped with supporting documents as follows: a. SPTJM;

b. Documents the implementation of the Budget; and c. Document Plan the use of the emergency fund.
(3) a letter of request for Channelling emergency fund phase II and phase III is equipped with supporting documents as follows: a. SPTJM;

b. Documents the implementation of the Budget;

c. Document the plan the use of the emergency fund.

d. Performance Accomplishments report is an emergency fund which has been verified by the head of BNPB; and e. Report realization of absorption of emergency fund based on SP2D has been published.
(4) the attainment of the performance Report referred to in subsection (3), subparagraph (d) at least contain: a. programs/activities; and b. plan and realization level of output (output).
(5) on the basis of the letter of Request referred to in subsection (1), KPA-BUN DD distributes emergency fund in accordance with the provisions of the legislation.
(6) the Format of the SPTJM referred to in paragraph (2) letter (a) are listed in Annex I which is part an integral part of the regulation of the Minister.
(7) the Format of the report on realization of absorption of an emergency fund as referred to in paragraph (3), subparagraph (e) listed in annex II which are part an integral part of the regulation of the Minister.
Article 25 (1) the head of a region or the officials who authorized request of technical verification programme and to the head of BNPB activities as requirement channelling emergency fund phase II and phase III.
(2) in conducting a technical verification programme and activities referred to in paragraph (1) the BNPB coordinate with ministries/government agencies nonkementerian related.
(3) the head of BNPB convey the results of the technical verification and program activities to the head area as terms of delivery as stipulated in article 24 paragraph (3) the letter d.
(4) submission of the results of the verification as referred to in paragraph (3) was done at least 15 (fifteen) working days after receipt of the submission of the request for verification referred to in paragraph (1).
(5) the head of BNPB and Minister/Government Agency related nonkementerian leadership fully responsible for the results of the verification as referred to in paragraph (3).
Article 26 (1) Request the distribution phase III as referred to in article 24 paragraph (3) was delivered by the head of the region or the officials authorized to KPA-BUN DD at the latest on 30 September of the year the budget is running.
(2) an emergency fund which has not been transmitted to RKUD until the end of the fiscal year into the rest of the budget is more on the NATIONAL BUDGET and can not be used as an Emergency Fund launched to supplement the budget of the next fiscal year. (3) the KPA-BUN DD and head Regions reconcile over channelling emergency fund.
(4) in case there is the rest of the budget on a cash emergency fund area when the fiscal year ends, can be used to fund the activities of the emergency fund up to the end of the next fiscal year in February.
(5) an emergency fund activity Criteria referred to in subsection (4) includes the following: a. activities inside are jobs that have been bond exists pejanjian contract in the fiscal year concerned; and b. the delay in completion of the work caused by force major.
(6) in the case of February until the end of the next fiscal year, there is still the rest of the budget on a cash emergency fund area, then the rest of the budget is accounted for as an addition to the adequacy of BUDGETS in the next fiscal year.
The second disbursement of article 27 (1) in the framework of the implementation of the Fund's channelling Emergency as referred to in article 23, PPK compose SKP-RTDD based on TH emergency fund. (2) the SKP-RTDD as referred to in paragraph (1) established by the KPA-BUN DD. (3) based on the SKP-RTDD, PPK makes and publishes the SPP for the signing Official conveyed to SPM.
(4) the TUITION FEE referred to in subsection (3) is attached with: a. SKP-RTDD; and b. the distribution and transfer of nominative Lists emergency fund.
Article 28 (1) according to the SPP, the official signing of the SPM did testing at the request of the payment of the emergency fund.
(2) Signing Officers SPM perform testing as referred to in paragraph (1) in accordance with the provisions of the legislation.
(3) after the testing referred to in paragraph (2) of the payment requests meet the requirements, the official signing of the SPM made SPM.
(4) the MSS as referred to in paragraph (3) is submitted to the Office of the Ministry of State Treasury with attached with a nominative List: a. channelling emergency fund; and b. computer Data Archives.
(5) according to the SPM as referred to in paragraph (4), the Office of the Ministry of State Treasury publishes SP2D.
(6) Publishing SP2D as referred to in paragraph (5) be carried out in accordance with the provisions of the legislation.
Article 29 (1) KPA-BUN DD sends the confirmation Sheet over the Emergency transfer of funds to the head of each stage Area at least 10 (ten) working days after the rising SP2D.
(2) the head of a county or an authorized official of passing on the confirmation Sheet to the KPA-BUN DD at the latest 5 (five) working days after received Confirmation Sheet.
(3) Confirmation Sheet referred to in subsection (2) is the proof of acceptance for local governments over the distribution of Emergency Funds.
(4) Confirmation Sheet Format referred to subsection (1) are listed in Annex III which is an integral part of the regulation of the Minister.
Chapter V the ADMINISTERING and REPORTING article 30 (1) the local government administering obligatory upon acceptance and use of the emergency fund.
(2) in the framework of accountability for the use of the Emergency Fund, the local government is obliged to submit a report to the Emergency Funds Realization KPA-BUN DD no later than 28 February of the next fiscal year.
(3) the Format of the report on realization of the use of the Emergency Fund as referred to in paragraph (2) are listed in Annex IV that is part an integral part of the regulation of the Minister.
Article 31 (1) local government is obliged to convey the final report of the achievement of the performance of the emergency fund to the head of BNPB and Minister/leadership nonkementerian government agencies related with copy to the Minister in particular the Director-General of Financial Equalization no later than 28 February of the next fiscal year.
(2) the head of BNPB and Minister/Chairman of non government agencies of the Ministry related to verify the achievement of the Final Performance report referred to in subsection (1).
(3) the head of BNPB acts as Coordinator in performing verification as referred to in paragraph (2).
(4) the results of the verification as referred to in paragraph (2) is submitted to the local government as channeling requirements phase I of the next fiscal year.
(5) the head of BNPB and Minister/Government Agency related nonkementerian leadership fully responsible for the results of the verification as referred to in paragraph (2).
CHAPTER VI MONITORING and EVALUATION Article 32 (1) the Minister, the head of BNPB, and Minister/leadership nonkementerian related government agencies doing monitoring and evaluation over the distribution and use of the emergency fund.
(2) the results of the monitoring and evaluation referred to in paragraph (1) is used as the basis for the policy management of Emergency Funds in the next budget.
CHAPTER VII PROVISIONS Article 33 the CONCLUDING ministerial regulation is applicable 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 12 April 2013 INDONESIAN FINANCE MINISTER AGUS MARTOWARDOJO D.W., Enacted in Jakarta on 12 April 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();