Regulation Of The Minister Of Transportation Number Pm 57 2013

Original Language Title: Peraturan Menteri Perhubungan Nomor PM 57 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50d77976909f80313233313232.html

BN 728-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 728, 2013 the MINISTRY OF TRANSPORTATION. Public Service. Ocean Freight. Economy Class. Providence.

REGULATION of the MINISTER of TRANSPORT of the REPUBLIC of INDONESIA NUMBER 57 2013 ABOUT ORGANIZING the OBLIGATION of PUBLIC SERVICE AREAS of OCEAN FREIGHT ECONOMY CLASS PASSENGERS for FISCAL YEAR 2013 with the GRACE of GOD ALMIGHTY MINISTER of RELIGIOUS AFFAIRS of the REPUBLIC of INDONESIA, Considering: a. that in order to ensure the continuity of service of the Organization of the economy class passengers sea transport to all corners of the ground water rates set by the Government, hence the need for the assignment to ocean freight services provider for the public service obligation/Public Service Obligation (PSO);
b. that under Act No. 19 of 2003 about State-owned enterprises, the Government can provide a special assignment to state-owned enterprises in order to organise the function of public benefit;
c. that based on consideration of the above, the need to establish Regulations the Minister of transportation of the Organization of the Public Service obligations of the field of ocean freight Economy class passengers for fiscal year 2013;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 19 of 2003 about State-owned enterprises (State Gazette of the Republic of Indonesia number 70 in 2003, an additional Sheet of the Republic of Indonesia Number 4297);
3. 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);
4. Act No. 40 year 2007 on limited liability company (State Gazette of the Republic of Indonesia Number 106 in 2007, an additional Sheet of the Republic of Indonesia Number 4756);
5. Act No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849);
6. Act No. 10 of 2010 about the budget revenue and Expenditure of the State fiscal year 2011 (State Gazette of the Republic of Indonesia Number 126 of 2010, an additional Sheet of the Republic of Indonesia Number 5167);
7. Government Regulation number 9 in 1973 about the diversion of State Companies Form National Cruise “ Indonesia ” Company Company (PERSERO) (State Gazette of the Republic of Indonesia No. 14 of 1973);
8. Government Regulation Number 45 in 2005 about the establishment, Management, supervision and dissolution of State-owned enterprises (State Gazette of the Republic of Indonesia Number 117 in 2005, an additional Sheet of the Republic of Indonesia Number 4556);
9. Government Regulation Number 20 of 2010 on waters Transport (State Gazette of the Republic of Indonesia number 26 of 2010, an additional Sheet of the Republic of Indonesia Number 5196);
10. Regulation of the Minister of transportation KM Number 8 in 2009 about the price of the upper limit of the inland sea passenger transport economy class;
11. Regulation of the Minister of transportation Number KM 60 of 2010 about the Organization and the work of the Ministry of transportation;
12. Regulation of the Minister of finance Number 157/FMD. 02/2010 concerning the procedures for the provision of, Funds Disbursement and accountability Public Service Obligation of organizing field of ocean freight For economy class Passengers;
13. the regulation of the Minister of finance Number 250/FMD. 05/2010 regarding the procedures for disbursement of Budget revenues and Expenditures of the State budget is part of the Burden of the General Treasurer State Treasury Ministry Office in the country;
14. Regulation of the Minister of finance Number 256/FMD. 05/2010 regarding the procedures for storage and Thawing reserve fund;
Pay attention: the letter of the Director-General of the budget, the Ministry of Finance of the Republic of Indonesia Number S-199/A6/2011 19th December 2011 subject Notice Pagu fiscal year 2012;
Decide: define: REGULATION of the MINISTER of TRANSPORT REGARDING the ORGANIZATION of the PUBLIC SERVICE OBLIGATIONS of the FIELD of OCEAN FREIGHT ECONOMY CLASS PASSENGERS for FISCAL YEAR 2013.
Article 1 in this rule is: 1. The obligation of public service areas of ocean freight for economy class passengers is the obligation of public service areas of ocean freight to economy class passengers as set forth by the Minister of transport in accordance with the provisions of the legislation, which the operations assigned to PT. Pelayaran Nasional Indonesia (Persero) which is now the company's Company (Persero) PT Pelayaran Nasional Indonesia as implementing the obligations of public service/Public Service Obligation (PSO).
2. Ocean Freight Company is the organizer of the company (Persero) PT Pelayaran Nasional Indonesia which was commissioned by the Minister of public service obligations to the field of ocean freight economy class passengers and have certain specified eligible.
3. Compensation is the Government's obligation to finance the Organization of the public service obligations assigned/Public Service Obligation (PSO) field of ocean freight economy class passengers is the magnitude of the difference between the production costs and Government rates and/or local governments as public service obligations.
4. Cost of goods sold the obligation of public service/Public Service Obligation (PSO) economy class passenger transport sea transport in the country is all the fees should be charged for conducting of public passenger transport services economy class domestic sea transportation plus profits and income tax for each trip/voyage. 5. The Minister is the Minister of transportation.

6. The Director-General is the Director General of Sea Transportation.

Article 2 (1) the obligation of public service/Public Service Obligation (PSO) field of ocean freight to economy class passengers held by the Government that their implementation was assigned to the Naval Transport Organizers.
(2) organizing the obligation of public service/Public Service Obligation (PSO) field of ocean freight to economy class passengers as referred to in paragraph (1), is obligated to meet the principles.
(3) safety and security as follows: a. carry out the voyage of ocean freight economy class to all corners of the ground water based on the rates set by the Minister and the appropriate routes set out by the Director General;
b. provide treatment and services to all users of the service standards of service set by the Director General; c. keep the passengers.
Article 3 (1) the execution of the assignment by ocean freight Providers referred to in article 2 paragraph (1), be compensated by the Government;
(2) the compensation referred to in subsection (1), provided for the implementation of the obligations of public service areas of ocean freight economy class passenger/Public Service Obligation (PSO) during fiscal year 2012, as of January 1, 2013 until 31 December 2013;
(3) the compensation referred to in subsection (1) is allocated in the budget of the State Expenditures and revenues of the fiscal year 2013 including the changes.
Article 4 (1) the Director-General made a work agreement with the company's President Director of the company (Persero) PT Pelayaran Nasional Indonesia based on TH which has been endorsed by the Director-General of the Treasury.
(2) the Agreement referred to in subsection (1) is signed by the Director General with the company's President Director PT. (Persero) Indonesia National Cruise.
(3) the Agreement referred to in subsection (2), containing at a minimum: a. the parties to the Treaty;

b. principal jobs are exchanged with a clear description;

c. rights and obligations of the parties involved in the agreement;

d. the value of the contract or agreement, and the terms of payment;

e. the requirements and technical specifications are clear and detailed;

f. the provisions regarding injury to the appointments and sanctions in the event that the parties do not meet their obligations; and g. the settlement of disputes.
Article 5 obligations of the ocean freight providers who are appointed to carry out the public service/Public Service Obligation (PSO) field of ocean freight to passenger class ekonomiberkewajiban meets the requirements as follows: a. has a network of ocean freight Domestic routes and fixed schedules (liner);

b. meet the standards in awarding the service to passengers; and c. provide ticket services at all branches.

Article 6 in the discharge of public service obligations/Public Service Obligation (PSO) field of economy class passengers sea transport Director-General has the right to: a. establish a network of routes;

b. set the reach, frequency and service standard;
c. carry out monitoring, analysis and evaluation, as well as the verification against the implementation of the obligations of public service areas of ocean freight to economy class passengers at regular intervals and at any time is required;
d. obtaining monthly reports over the Organization of the public service obligations of the field of ocean freight for economy class passengers; e. provide sanctions in terms of organizing does not meet the conditions in the agreement.
Article 7 in the discharge of the obligations of public service/Public Service Obligation (PSO) field of ocean freight economy class passenger ocean freight Providers shall be obliged to: a. receive assignments via an Agreement signed by the organizer and Director General of Sea Transportation;

b. abide by the Agreement;
c. create and submit a report of the implementation of the Organization of the public service obligations of the field of ocean freight each month and at any time necessary to the Director General.

Article 8 monitoring and control in the implementation of the obligations of public service/Public Service Obligation (PSO), the field of economy class passengers sea transport undertaken by the Director General and reported to the Minister.

Article 9 (1) in the framework of the disbursement of the budget organization of the public service obligations of the field of ocean freight economy class passengers, Director General of verifying the Organization of the public service obligation/Public Service Obiligation (PSO) field of ocean freight economy class passengers. (2) the verification referred to in paragraph (1), carried out by a team formed by the Director General.
(3) the verification referred to in paragraph (1), implemented on the basis of Standard Operating Procedures (SOP) implementation of the public service obligations of conducting verification/Public Service Obligation (PSO) field of ocean freight economy class passengers who organized and established by the Director General.
(4) the Standard Operating Procedures (SOP) as referred to in paragraph (3), contain at least the following: a. General provisions;

b. the object to be verified; and c. a verification implementation procedures.
(5) the results of the verification as referred to in paragraph (1), signed by the verification team as verifikator and organizer of the ocean freight as the party that is verified and submitted to the Official manufacturer of the commitment.
(6) the results of the verification as referred to in subsection (1) is poured in the News Event verification and signed by the maker of the Official Commitment as parties verify the main organizer and Director of the ocean freight as the party which is verified.
(7) the News Event Verification as referred to in subsection (5) only administrative in nature and do not absolve organizers of sea transport for audited by authorized agencies in accordance with the provisions of the legislation.
Article 10 ocean freight Providers responsible for formal and material over the implementation and use of the Fund holding of the obligation of public service/Public Service Obligation (PSO) field of ocean freight economy class passengers.

Article 11 Budget power user are responsible for channelling funds the Organization of public services obligations/Public Service Obligation (PSO) field of ocean freight for economy class passengers to the ocean freight Providers.

Article 12 (1) the Board of Directors of ocean freight Providers report liability obligations of the Organization of the use of funds public service/Public Service Obligation (PSO) field of ocean freight economy class passengers to the Director-General in accordance with the provisions of the legislation.
(2) the Director-General referred to in subsection (1), conducting accounting and reporting in accordance with the provisions of the legislation.
(3) on the basis of the report referred to in subsection (1), the Director General delivered a report of accountability for the use of the funds to the Minister of finance in particular the Director-General of the budget through the Secretary General of the Ministry of transportation in accordance with the provisions of the legislation.
Article 13 (1) the use of the funds referred to in article 11, in an audit by the auditor of the authority in accordance with the provisions of the legislation.
(2) Report the results of the audit referred to in subsection (1) is delivered to the user's power budget and Director General of budget.
(3) an Auditor referred to in subsection (1) is the authorized agency audit in accordance with the provisions of the legislation.
Article 14 (1) in case there is less difference between the amount of funding the Organization of the public service obligation/Public Service Obligation (PSO) field of ocean freight economy class passengers who have paid to organizers of ocean freight with the results of the audits referred to in Article 13 paragraph (2) in one fiscal year, short of the payment cannot be charged to the State.
(2) in case there is more difference between the amount of funding the Organization of the public service obligation/Public Service Obligation (PSO) field of ocean freight economy class passengers who have paid to organizers of ocean freight with the results of the audits referred to in Article 13 paragraph (2) in one fiscal year, the overpayment must be deposited into the State Treasury by the organizers of ocean freight with the account using the code 423913 (admission back other spending dollars purely fiscal year ago).
Article 15 ocean freight Providers who are appointed to carry out the obligations of the public service (Public Service Obligation/PSO) field of ocean freight class passengers ekonomiadalah as follows: company name:P erusahaan Company (Persero) PT Pelayaran Nasional Indonesia address: Jalan Gajah Mada 14 Jakarta 10130 Number article 16 of these regulations come into force January 1, 2013 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 May 15, 2013 TRANSPORT MINISTER of the REPUBLIC of INDONESIA, E.E. MANGINDAAN Enacted in Jakarta on 23 May 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();