Regulation Of The Minister Of Agriculture The Number 72/ot Permentan/140/7/2013 2013

Original Language Title: Peraturan Menteri Pertanian Nomor 72/Permentan/OT.140/7/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51af01c620872b313233373233.html

BN 1038-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 1038, 2013 the MINISTRY OF AGRICULTURE. Cooperation. The optimization. Tusi. Ditjen livestock and animal health. Repeal.
REGULATION of the MINISTER of AGRICULTURE of the REPUBLIC of INDONESIA NUMBER 72/OT Permentan/140/7/2013 COOPERATION GUIDELINES ABOUT OPTIMIZING the IMPLEMENTATION of the DUTIES and FUNCTIONS of the UNIT EXECUTING the TECHNICAL SCOPE of the DIRECTORATE GENERAL of LIVESTOCK and ANIMAL HEALTH with the GRACE of GOD ALMIGHTY MINISTER of AGRICULTURE of the REPUBLIC of INDONESIA, Considering: a. that with the decision letter of the Minister of agriculture Number 97/Kpts/OT. 210/2/1988, has established guidelines for the Department of agriculture in cooperation with third parties;
b. that in its Development Cooperation Ministry of agriculture Guidelines with third parties not yet accommodate the public service as a whole in the field of animal husbandry and animal health services among others from testing, analysis, and development of agriculture;
c. that based on considerations as referred to in letter a and letter b need to set guidelines for Cooperation and implementation of the optimization Functions Implementing Technical Unit (UPT) scope of the Directorate General of livestock and animal health, with regulation of the Minister of agriculture;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette Number 47 in 2003, an additional State Gazette Number 4286);
2. Act No. 1 of 2004 on the Treasury of the State (State Gazette No. 5 of 2004, an additional Sheet country number 4355);
3. Act No. 18 of 2009 about animal husbandry and animal health (State Gazette Number 84 in 2009, an additional State Gazette Number 5015);
4. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette Number 20 in 2006, State Gazette Supplementary Number 4609), juncto Government Regulation Number 38 in 2008;
5. Government Regulation Number 48 in 2012 about the type and price of the Above types of Acceptance State Tax is not applicable to the Ministry of agriculture;
6. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II;
7. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries;
8. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries, as well as the arrangement of the Organization, duties, and functions of the Echelon I Ministries;
9. Regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and Pemindahtanganan State-owned Goods;
10. Regulation of the Minister of agriculture the number 61/OT Permentan/140/10/2010 about the Organization and the work of the Ministry of agriculture;
Decide: define: REGULATION of the MINISTER of AGRICULTURE COOPERATION GUIDELINES ABOUT OPTIMIZING the IMPLEMENTATION of the DUTIES and FUNCTIONS of the UNIT EXECUTING the TECHNICAL SCOPE of the DIRECTORATE GENERAL of LIVESTOCK and ANIMAL HEALTH.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. A partnership is an agreement between the implementing Technical Unit (UPT) scope of the Directorate General of livestock and animal health with third parties to optimize task and function.
2. Optimization tasks and Functions is the utilization of means to improve the implementation of the duties and functions of the UPT including the utilization of human resources. 3. The object of the cooperation is the production of goods and services.
4. Third parties are government agencies, local governments, provincial local government district/city, businesses, universities, professional organizations, associations, groups of breeders, and/or a combined group of breeders. 5. The cooperation Plan is the proposed cooperation activities that are created by third parties.
6. The means are the goods moving in the form of animal/livestock, technology, materials and equipment, as well as other facilities that relate to the objects that cooperated. 7. Human resources are the apparatus or officers who have expertise in accordance with activities that cooperated.
8. The costs of Collaboration are the costs that must be incurred by third parties due to the use of means and human resources to be used in the activities of cooperation.
9. acceptance of the country rather than Tax hereinafter abbreviated PNBP is everything that can be assessed with the money to be deposited into the State Treasury as PNBP.
10. Government agencies are agencies within or outside the Ministry of agriculture does not have a vertical relationship with UPT.
Article 2 of the ministerial regulation is intended as a basis in the implementation of cooperation with third parties, with the aim of optimization of tasks and functions through the use of the means, the technology, and human resources owned by UPT in the framework of the development of animal husbandry and animal health.

Article 3 Scope in the regulation of the Minister include: a. the principle and object of cooperation;

b. third parties;

c. procedures for cooperation;

d. cooperation agreement;

e. implementation;

f. costs of cooperation;

g. reporting, evaluation and monitoring; and h. the provision of sanctions.

CHAPTER II PRINCIPLES and the OBJECT of COOPERATION, article 4 (1) cooperation should benefit or mutually beneficial to both parties.
(2) cooperation as referred to in subsection (1) is carried out using the means and/or human resources managed by UPT.
(3) cooperation as referred to in paragraph (1) should not lead to beralihnya the status of ownership of State-owned goods to third parties.
Article 5 (1) the object of the cooperation include the production of goods and Services/service.
(2) the production of goods as referred to in paragraph (1) be: a. frozen semen;

b. livestock breeds; and/or c. livestock embryos.
(3) Service/service referred to in subsection (1) in the form of: a. the edification and animal disease diagnostic testing;

b. analysis of the quality of medicinal animals;

c. analysis and sampling quality livestock feed; and d. the analysis of the quality of animal products.

CHAPTER III THIRD PARTIES article 6 (1) a third party who can do cooperation with UPT: a. work unit of government agencies, local government agencies and local governments, provincial district/city;

b. business entities, organizations of the profession, the Association; or c. a group of breeders and/or a combined group of breeders.
(2) the business entity as referred to in paragraph (1) letter b include: a. STATE-OWNED ENTERPRISES/LOCAL GOVERNMENT;

b. limited liability company (PT);

c. the firm;

d. CV;

e. Cooperative;

f. Foundation; or g. College.
(3) the Organization of the profession referred to in paragraph (1) letter b include: a. the Union of Veterinarians Indonesia;

b. Bond Scholar Indonesia Farms; or c. other professional organizations.
(4) an association referred to in subsection (1) letter b that is the Association that engaged in animal husbandry and animal health.
Article 7 the UPT can do cooperation include: a. the Balai Besar Veterinary (BBVet);

b. investigation and Veterinary Testing Hall (BPPV);

c. Testing the quality of Balai Besar and certification of animal Medicine (BBPMSOH);

d. Quality Testing and certification Hall Feed (BPMSP);

e. Hall Test quality and certification of animal products (BPMSPH);

f. Hall of artificial insemination (BIB);

g. Hall, the embryo of cattle (BET);

h. Superior Cattle Breeding Great Hall and Forage Fodder (HPT-BBPTU); and i.  Hall Superior Cattle Breeding and Forage Fodder (BPTU-HPT).

CHAPTER IV of the ORDINANCE is considered part of the COOPERATION Plea Cooperation article 8 (1) third party will conduct cooperation to apply in writing to the Director General of animal husbandry and animal health with the UPT Head effluent will be conducted.
(2) the application for the cooperation referred to in subsection (1) must meet the requirements of the Administration, as follows: a. copy the identity of the applicant;

b. copy the organizational statute, companies and/or associations that still applies;

c. copy the sign companies list (TDP);

d. copy SIUP that still applies;

e. copy taxpayer registration number (NPWP);

f. copy certificate of residency;

g. proposals and/or plans of cooperation; and h. the recommendations of the Office of the provincial and kabupaten/kota wing functions of animal husbandry and animal health.
(3) Administrative Requirements as referred to in paragraph (2) Letter c, letter d, and the letter e does not apply to the Group of breeders and/or a combined group of breeders.
(4) Administrative Requirements as referred to in paragraph (2) letter b, letter c, letter d, letter e, and the letter h does not apply to units of government agencies, local government agencies, and provincial government agencies of the regional district/city wing functions of animal husbandry and animal health.
Article 9 third parties as referred to in article 6 which will conduct cooperation in addition must meet the requirements of Administration referred to in article 8 paragraph (2) should the technical recommendations of the working unit of the Echelon II scope of the Directorate General of livestock and animal health in accordance with those powers.

Article 10 the Director General of animal husbandry and animal health after receiving a petition for cooperation referred to in article 8 in the longest period of 10 (ten working days) must give an answer is rejected or accepted.

Article 11 (1) of the petition was rejected as stipulated in article 10 in terms of administration, as in the meaning of article 8 paragraph (2) is not correct and is not complete and does not get technical recommendations from the work unit Echelon II scope of the Directorate General of livestock and animal health in accordance with those powers.
(2) the petition was rejected as referred to in paragraph (1) notified to the applicant in writing accompanied by the reason of denial with the UPT Head effluent would carry out cooperation and work unit Echelon II scope of the Directorate General of livestock and animal health in accordance with those powers.
Article 12

(1) Application was received as stipulated in article 10 if the Administration had fulfilled the requirements referred to in article 8 paragraph (2) and the technical recommendations Echelon II scope of the Directorate General of livestock and animal health in accordance with those powers referred to in article 9.
(2) the petition received cooperation as referred to in subsection (1) is published in the form of cooperation the determination of the decisions of the Director General of animal husbandry and animal health.
(3) the determination of the cooperation referred to in paragraph (2) delivered to a third party with a copy of the head of the UPT undertake cooperation.
The second period of determination of Article 13 (1) the determination of the cooperation referred to in article 12 paragraph (3) is valid for 1 (one) time of cooperation in accordance with the object of the cooperation.
(2) since the publication of the decision fixing of the Cooperation referred to in article 12 paragraph (2) within a period of not longer than 30 (thirty) calendar days, the third party must carry out cooperation.
(3) if within the period referred to in subsection (2) a third party does not carry out cooperation, given the warning in writing as many as 3 (three) times.
(4) If after the warning is given as mentioned in subsection (3) have yet to carry out cooperation, Cooperation Assignment Decisions annulled by law.
(5) If after the determination of the cooperation referred to in paragraph (2) has not implemented the force majeure or due to Government policy, the determination of the cooperation remains valid until it expires.
(6) the postponement of the implementation of cooperation due to force majeure or Government policies as referred to in subsection (5) shall be notified by the head of the UPT to third parties or otherwise with copy Director General of animal husbandry and animal health.
Chapter V COOPERATION AGREEMENT Article 14 (1) a cooperation agreement was drawn up by the head of the UPT together third party after the determination of the cooperation referred to in article 12 paragraph (2).
(2) the agreement referred to in subsection (1) must be set at least rights and obligations, the time period, the sanction, dispute resolution, and the State of the force (force majeure).
(3) the agreement referred to in subsection (1) comes into force since signed by head of the UPT and the third party.
Article 15 (1) change (addendum) the cooperation agreement can be done in the event of: a. the State force (force majeure); and/or b. change the number and type of the object of cooperation.
(2) changes (addendum) as referred to in subsection (1) is communicated by the parties to the Director General of animal husbandry and animal health for approval.
Article 16 (1) changes (addendum) towards the object of the cooperation referred to in Article 15 paragraph (1) includes changes to the type and/or amount.
(2) changes (addendum) towards the object of the cooperation referred to in subsection (1) does not deviate from the purpose of cooperation and do not result in losses to the State.
Article 17 (1) a period of cooperation is producing the goods referred to in article 5 paragraph (2) the longest: a. one (1) year for frozen semen;

b. 5 (five) years for livestock breeds; and c. 2 (two) years for cattle embryos. (2) the period of cooperation of services/service as stipulated in article 5 paragraph (3) the longest 2 (two) years.

CHAPTER VI IMPLEMENTING Section Implementation Responsibility Cooperation the Union Article 18 (1) the implementation of the cooperation by using means belonging to the UPT must comply with the duties and functions of each of the UPT.
(2) in addition to using the means referred to in paragraph (1) of cooperation can be done using human resources residing in UPT respectively. (3) the implementation of the cooperation referred to in paragraph (1) be the responsibility of the head of the UPT.

Article 19 (1) the implementation of the cooperation by using the means that come from third party conducted an inventory separately.
(2) if the execution of the partnership ends, the means referred to in paragraph (1) belongs to the UPT for use in organizing tasks and functions.
(3) the means by which belong to the UPT as referred to in paragraph (2) includes the following: a. a means of supporting equipment;

b. the rest of material production;

c. residual materials testing;

d. the remainder of the test results; and e. the rest of production. (4) in addition to the means referred to in paragraph (3) other means belonging to a third party may be submitted to the head of the UPT.

(5) the means referred to in paragraph (3) and subsection (4) do the recording as an asset of the country.

Article 20 further Provisions concerning the means referred to in article 19 paragraph (3) and subsection (4) is set out in a cooperation agreement as contained in the annex (model A).

Article 21 (1) Means that it has become the property of UPT as stipulated in article 19 paragraph (5) managed by the Manager means by which officers are appointed by the head of the UPT.
(2) the officer who manages the means referred to in paragraph (1) mandatory inventory report periodically every 6 (six) months to the Director General of animal husbandry and animal health in particular the Secretary of the Directorate General of livestock and animal health through the head of the UPT.
(3) the requirement to be appointed as a manager of the means referred to in paragraph (1), in accordance with the provisions of the legislation.
The second part of the financial Bookkeeping section 22 (1) of the financial Bookkeeping activities of cooperation consists of the receipt of money for cooperation as the cost of activities and expenses recorded in the cash-book as listed in the annex to the cash book (model B) separate from the NATIONAL BUDGET accounting. (2) Financial Accounting as referred to in paragraph (1) be recorded by Financial Manager Officer with evidence.

(3) financial manager Officer referred to in subsection (2) is appointed by the head of the UPT.
(4) the terms to be appointed as a financial manager officer referred to in subsection (3) in accordance with the provisions of the legislation.
The third part of the provision of the Materials and/or Equipment Cooperation Article 23 (1) a third party that will work must provide materials and/or equipment necessary unless cooperation seedlings.
(2) if the materials and/or equipment referred to in subsection (1) are not met, the third party can provide the money value is equivalent. (3) the granting of money referred to in subsection (2) is set further in the cooperation agreement.

CHAPTER VII COOPERATION COSTS Article 24 (1) the magnitude of the costs of cooperation which deposited to the Treasury as PNBP as follows: a. the production of goods (the means of production of animal husbandry and veterinary medicine) in the form of Frozen Semen: 1) 15% of the PP rate.
2) Cattle Breeds: a livestock breeds): males: 30% of the initial value added;

females: 40% of the initial value added; b livestock breeds) belong to the business entity to 15% of the market price. 3) Embryos of livestock by 10% of PP rates.
b. Service/service in the form of observation, investigation, diagnosis of animal disease, the veterinary and technical services testing laboratory animal health and veterinary public health as well as the quality of fodder amounting to 10% of PP rates.
(2) the calculation of the cost of the cooperation referred to in paragraph (1) letter a as follows: a. the production and distribution of frozen semen 1) staple production (natura): max 30% (chemically/diluent materials, ministraw materials, printing, filling and sealing, liquid N2, materials and equipment distribution, concentrates, fertilizers, equipment and materials for livestock, animal health, HMT, etc.).
2) operational costs: max 20% (the cost of public administration, and expertise (expertise) monev, Bintek HR, shipping frozen semen and including the management fee of a maximum of 5%).
3) means ancillary equipment: at least 25% (procurement, maintenance, equipment tools, spare parts, maintenance of the livestock facility, distribution and ancillary equipment/facility).
4) cooperation: minimum 25%.
a) PNBP BIB Lembang: 15% (Depreciation of machine tools laboratory: filling, sealing and printing, decrease the value of the males); b third party): max 10%.
b. the Seed of cattle livestock breeds) belong to the UPT as PNBP a) males: 30%: PNBP and 70% belongs to the Group of early construction value added;

b) females: 40%: PNBP and 60% belongs to the Group of value added from the beginning of construction. 2) seed of cattle belonging to the business entity being maintained in UPT PNBP 15% and 85%-owned business entity from the market price.
c. livestock Embryo 1) staple and operational costs of 60% (a staple production, maintenance, distribution, means of supporting infrastructure) 2) public cost and expertise (expertise) max 20% (administrative fee, management fee of a maximum of 5%).

3) business results of max 20% (divided into two equally large, 10% PNBP).
(3) the calculation of the cost of the cooperation referred to in paragraph (1) letter b, as follows: a. observation and investigation (sampling) 1) staple and operational costs: a maximum of 70% (Staples: spuite, box, tools (tube), cold chain equipment, PPE, sampling, packaging samples etc operational costs: transport, accommodation, lumpsum, ancillary equipment/facility). 2) General cost and expertise (expertise): a maximum of 20% (administration fee, management fee of a maximum of 5%).

3 PNBP) 10%.
b. Veterinary Services (animal disease diagnosis, testing, veterinary technical services keswan laboratory and veterinary public health).

1 staple) and operational costs: a maximum of 70% (chemicals, reagents, ancillary equipment/facility).

2) General cost and expertise (expertise): a maximum of 20% (administration fee, management fee of a maximum of 5%).

3 PNBP) 10%.
c. analysis of the quality of animal remedy 1) staple and operational costs: a maximum of 70% (chemicals, materials biologik, animal experiments, reagents, ancillary equipment/facility). 2) General cost and expertise (expertise): a maximum of 20% (administration fee, management fee of a maximum of 5%).

3 PNBP) 10%.
d. analysis of the quality of the feed 1) staple and operational costs: a maximum of 70% (chemicals, reagents, ancillary equipment/facility).


2) General cost and expertise (expertise): a maximum of 20% (administration fee, management fee of a maximum of 5%).

3 PNBP) 10%.
e. analysis of the quality of animal products 1) staple and operational costs: a maximum of 70% (chemicals, reagents, ancillary equipment/facility).

2) General cost and expertise (expertise): a maximum of 20% (administration fee, management fee of a maximum of 5%).

3 PNBP) 10%.
(4) in the event that the cost of expertise (expertise) as referred to in paragraph (2) and paragraph (3) is not required or used must be deposited as PNBP.
CHAPTER VIII reporting, evaluation, and SURVEILLANCE Article 25 (1) mandatory report UPT Head of implementing cooperation to the Director General of animal husbandry and animal health at the latest 1 (one) month after the partnership ended.
(2) in the case of cooperation over a period of 2 (two) years, the head of the UPT obliged to report the implementation of cooperation to the Director General of animal husbandry and animal health at regular intervals at least 6 (six) months as listed in the Appendix (model C).
(3) in the case of certain Head UPT can submit a report at any time to the Director General of animal husbandry and animal health.
Article 26 (1) based on the reports referred to in Article 25, the cooperation is evaluated by the Director General of animal husbandry and animal health.
(2) the implementation of the evaluation referred to in paragraph (1) are conducted by the respective technical Directorate is appropriate.
Article 27 in the framework of the administrative cooperation, implementation of code of conduct supervision in accordance with the legislation.

CHAPTER IX CONDITIONS SANCTIONED by article 28 (1) If a third party after receiving a determination the cooperation referred to in article 12 paragraph (2) does not carry out cooperation in a predetermined period of time, not given permission for the next cooperation during a period of 1 (one) time the cooperation referred to in article 17.
(2) If a third party violating the agreed cooperation agreement as stipulated in article 14 paragraph (3) be penalized in the form of termination of cooperation unilaterally.
CHAPTER X PROVISIONS of TRANSITIONAL Article 29 determination of cooperation or partnership agreements that had already been published after the enactment of the regulations of the Minister was declared still valid until it expires.

CHAPTER XI CLOSING PROVISIONS article 30 with the promulgation of this Ministerial Regulation, Agricultural Minister Decree Number 97/Kpts/OT. 210/2/1988 concerning the guidelines of the Department of agriculture in cooperation with a third party, all set up a cooperation agreement the scope of the Directorate General of livestock and animal health, revoked and declared inapplicable.

Article 31 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 July 10, 2013 AGRICULTURE MINISTER SUSWONO enactment of the Republic of INDONESIA, in Jakarta on August 20, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn1038-2013 fnFooter ();