Government Regulation No. 9 By 2013

Original Language Title: Peraturan Pemerintah Nomor 9 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/11e44c4e762f639093ce313231343230.html

pp9-2012 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 30, 2013 STATE-OWNED ENTERPRISES. Public Enterprise. Fisheries Of Indonesia.

REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA number 9 by 2013 on PUBLIC COMPANY (PUBLIC CORPORATION) FISHERIES of INDONESIA with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the Public Company (public corporation) Ocean Fisheries Infrastructures as set forth in a government regulation Number 23 in 2000 about the Public Company (public corporation) Infrastructure needs to be adapted to Ocean Fisheries Act No. 19 of 2003 about State-owned enterprises and Government Regulation Number 45 in 2005 about the establishment , Management, supervision, and the dissolution of the State-owned enterprises;
b. that to support national development, need to do business development by adding tasks and business activities of the company (Perum) Ocean Fisheries Infrastructure and changed its name to Public Company (public corporation) Fisheries Indonesia;
c. that based on considerations as referred to in letter a and letter b, as well as to implement the provisions of article 41 paragraph (2) of Act No. 19 of 2003 about State-owned enterprises, the need to establish a government regulation on the public Company (public corporation) Fisheries Indonesia;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
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. Government Regulation Number 41 in 2003 about the Pelimpahan Position, duties, and authority of the Minister of finance in the company of the company (PERSERO), Public Company (PUBLIC CORPORATION) and the company (AGREEMENT) to the Office of Minister of State owned enterprises (State Gazette of the Republic of Indonesia Number 82 in 2003, an additional Sheet of the Republic of Indonesia Number 4305);
4. 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 State Gazette Number 4556);
Decide: define: GOVERNMENT REGULATION of PUBLIC COMPANY (PUBLIC CORPORATION) FISHERIES of INDONESIA.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Public Company (public corporation) Fisheries Indonesia that hereafter the company is State-owned enterprises as provided for in Act No. 19 of 2003 about State-owned enterprises, the State-owned capital in the form of the entire wealth of the country that are separated and are not divided into shares, which conducts business in the field of service goods , service, and development of Fisheries business system. 2. Management is an activity that is performed by the Board of Directors in an effort to achieve the aims and objectives of the company.
3. oversight activities are carried out by the Board of Trustees to judge the company by way of compare between the actual state of affairs with the State is supposed to do, in the field of financial and/or technical operations in the field. 4. The dissolution is the termination of the Company defined by government regulations.
5. the Minister is the Minister appointed and/or authorized to represent the Government as owner of capital in the company having regard to the provisions of the legislation. 6. Technical Secretary is Secretary who has the authority to regulate the fishery policy.
7. The Board of Directors is the organ of the company that is responsible for the management of the company for the interests and objectives of the company and represent the company both inside and outside the Court.
8. The Board of Trustees is an organ of the company that is in charge of monitoring and providing advice to the Board of Directors in carrying out the activities of the management company.
9. Fishing port is a place made up of land and waters around it with a certain boundaries as the place of the activities of the Government and the activities of fisheries business system which was used as a place of the fishing boat leaned, anchored, and/or unloading fish were equipped with safety facilities supporting fishing activities and cruise.
10. Fisheries are all activities related to the management and utilization of fish resources and the environment starting from the preproduction, production, processing up to marketing, which is implemented in a system of fishery business.
11. Fisheries business system is the business of fishing who engaged in preproduction, production, processing, and marketing.
CHAPTER II ESTABLISHMENT of the COMPANY is considered part of the legal basis of establishment article 2 companies established by the Government Regulation No. 2 of 1990 on Public Company (public corporation), the Ocean Fisheries Infrastructure and set back with the Government Regulation Number 23 in 2000 about the Public Company (public corporation), the Ocean Fisheries Infrastructure continued establishment and renamed to Public Company (public corporation) Fisheries Indonesia, based on government regulations.

The second part of the assignment of article 3 (1) of this Regulation, the Government is proceeding with the assignment of covering activities: a. the docking services labuh post settlement Administration (clearance) by the relevant authorities in the fishing port; b. unloading services; and c.  the management of Fisheries and infrastructure.
(2) activities that followed a stint as referred to in paragraph (1) covers an area of work: a. Zachman Nizam Ocean fishing port of Jakarta, Jakarta;

b. Ocean fishing port of Belawan, North Sumatra;

c. fishing port Nusantara Pekalongan, Central Java;

d. Brondong Archipelago, fishing port in East Java;

e. fishing port in Pemangkat, Borneo Archipelago West; and f.  Prigi Archipelago, fishing port in East Java.
(3) in addition to the assignment referred to in subsection (2), the Minister may provide Technical assignment to the Company to conduct a Fishing harbour services in other work areas.
Article 4 (1) in carrying out the assignment of Government as stipulated in article 3, the company is authorized and obligated to manage and animate the company's assets in the region in question, including attractive benefits over the assets in question.
(2) in the case of the company carrying out the assignment referred to in article 3 to use State-owned goods, use and utilization of State-owned goods is carried out in accordance with the provisions of the legislation.
Article 5 (1) the assignment of the Government as stipulated in article 3 paragraph (1) and give the authority to the Board of Directors to set a tariff against goods, services, facilities, infrastructure and facilities belonging to the company in the region referred to in article 3 paragraph (2).
(2) Upon the assignment of the Government as stipulated in article 3 paragraph (3) the Board of Directors is authorized to set a tariff against goods, services, facilities, facility, and infrastructure in the region referred to in article 3 paragraph (3) with the consent of the Minister.
CHAPTER III BASIC BUDGET is considered part of the COMPANY name, Seat, and a period of article 6 (1) the company was named Public Company (public corporation) Fisheries Indonesia or abbreviated Perum Perindo.

(2) the company is domiciled and headquartered in North Jakarta.
(3) the company may open branches or representation in other places, both within and outside the territory of the Republic of Indonesia as defined by the Board of Directors with the approval of the Board of Trustees.
Article 7 the company is established for an unlimited period of time.

The second part of the intent, purpose, as well as the business activities of article 8 (1) the company has a goal and purpose to carry out and support the Government's policies and programs in the field of economic and national development in General, especially in the areas of goods, services and service development of Fisheries business system as well as optimizing the utilization of company resources to produce goods and services based on the principle of a healthy company management.
(2) In carrying out the intents and purposes as referred to in paragraph (1), the company's main business activities: a. the docking services labuh post settlement Administration (clearance) by the relevant authorities in the fishing port; b. unloading services;
c. management of Fisheries infrastructure and facilities, including but not limited to: 1) provision and concession facilities fish storage room, ice factory, processing and packaging of fish;
2) provisioning and business supporting facilities include water, electricity, means of telecommunication, fuel oil, tool loading, unloading, and supply the ship; and 3) provision and concession facilities in the form of a fish trading, fish marketing centre, land, space and building, garage, dock, and shipbuilding; d. Organization of the distribution of fish seed, feed, and other means of production;

e. Organization of the cultivation efforts of fish resources;

f. conduct of the Fisheries processing;

g. Organization of the marketing and management of ornamental fish fish market hygienic;

h. Organization of trade in fish and fishery products; and i.   organizing trade and other business-related fisheries.
(3) In addition to the main business activities referred to in paragraph (2), the company may carry out business activities in order to optimize the utilization of potential resources are owned by the company for the Office space, warehousing, hospitality and tourism, resort, sport and recreation, health services, telecommunications infrastructure, as well as rentals and concession assets which are owned and/or controlled by the company.
The third part of article 9 Capital (1) Capital of the company is the wealth of the country that are separated and are not divided into shares.

(2) the company has a capital of the entire value of its investment in the country's capital in the company as referred to in article 2 to the amount of Rp 41.433.807.481 RP (forty-one billion four hundred thirty-three million eight hundred seven thousand four hundred and eighty one cents), consisting of: a. Rp RP 24.498.212.367 (twenty four billion four hundred and ninety-eight million two hundred and twelve thousand three hundred and sixty-seven rupiah) based on Government Regulation No. 2 of 1990 on Public Company (public corporation) the infrastructure of Fisheries Oceans;
b. Rp RP 4.400.000.000 (four billion four hundred million rupiah), based on Government Regulation No. 1 of 1995 about the addition of equity Capital of the Republic of Indonesia into the Capital public company (public corporation) the infrastructure of Fisheries Oceans; and c. Rp 12.535.595.114 RP (twelve billion five hundred and thirty-five million five hundred ninety-five thousand one hundred and fourteen dollars), based on the Government Regulation Number 66 in 2012 about the addition of equity Capital of the Republic of Indonesia into the Capital public company (public corporation) Ocean Fisheries Infrastructure.
(3) any change in the country's capital investment in the company, either in the form of the addition that comes from the budget of the State Expenditures and Revenues as well as a reduction in the country's capital investment set by government regulations.
(4) any changes to the country's capital investment in the company that are derived from the capitalization of reserves and other sources specified by the Minister.
The fourth part Management Company Paragraph 1 the appointment and dismissal of the members of the Board of Directors of the Management Company article 10 performed by the Board of Directors.

Article 11 (1) the appointment and dismissal of the members of the Board of Directors is performed by the Minister.

(2) in the framework of the appointment of members of the Board of Directors, the Minister may require input from the Technical Secretary.

Article 12 (1) the Division of duties and authorities of the Board of Directors designated by the Minister.
(2) the Minister may delegate the authority regarding the Division of duties and authorities of the Board of Directors referred to in subsection (1) to the Board of Trustees.
Article 13 (1) the members of the Board of Directors assigned as a member of the Board of Directors come from candidates who pass the selection through feasibility and appropriateness test carried out by the team and/or professional institution established and/or designated by the Minister.
(2) the provisions referred to in subsection (1) does not apply to appointment back in the same positions for the Board members who assessed is able to perform the task well during his tenure.
(3) the members of the Board of Directors has declared a passed test feasibility and appropriateness as referred to in paragraph (1) and member of the Board of Directors was re-elected as referred to in paragraph (2) is required to sign a management contract before the specified his appointment as member of the Board of Directors.
Article 14 (1) which can be appointed Board members are individuals who are able to carry out the legal deeds and never: a. is declared bankrupt;
b. became a member of the Board of Directors, Commissioners, or the Board of Trustees who were convicted of causing a company or public corporation declared bankruptcy; and c.  convicted for committing criminal acts to the detriment of the country's finances.
(2) in addition to meet the criteria referred to in paragraph (1), which can be elevated to the Board of Directors is the individual person who meets the criteria of expertise, integrity, leadership, experience, honest, good behavior, and has high dedication to advance and develop the company.
(3) eligibility as referred to in subsection (1) is evidenced by an affidavit signed by the members of the Board of Directors and are stored by the company.
(4) the appointment of members of the Board of directors who do not meet the requirements referred to in subsection (1) is annulled by law as of as of other Board members or the Board of Trustees does not satisfy the requirements of knowing.
Article 15 (1) the number of members of the Board of Directors designated by the Minister according to your needs.
(2) in the event the Board of Directors of more than 1 (one) person, one member of the Board of Directors was appointed as the President Director.
Article 16 members of the Board of Directors are appointed for a term of 5 (five) years and may be reappointed for one term to the next.

Article 17 (1) in the event of a vacancy the post of Member of the Board of Directors: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy Office of the Board of Directors, appointed to fill vacancy;
b. during the term of members of the Board of Directors and the Minister has not yet raised the empty Board members as referred to in subparagraph a, the Board of Trustees appoints one member of the other Board or the Minister may appoint another party as acting members of the Board of Directors with duties, authority, and obligation that is similar to an empty Board members;
c. in the event the vacancy Board of Directors due to expiry of term of Office and the Minister has not yet raised the new Board members, members of the Board of Directors has ended his tenure may be appointed by the Minister as acting members of the Board of Directors with duties, authority, and obligation that is similar to an empty Board members up to the definitive lifting of the Board members;
d. incumbent members of the Board of Directors of the empty as stated on the letter b and the letter c, in addition to the Board members in Office, received salary and benefits or facilities equal to an empty Board members, not including compensation for full-time position.
2. In the event that the entire Board of Directors position vacant: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy Office of the Board of Directors, appointed to fill vacancy;
b. during the term of the Board of Directors and the Minister has not yet raised the empty Board members as referred to in letter a, for while the company is managed by a Board of Trustees or other parties appointed by the Minister, the authority, and the same obligations;
c. in order to carry out Management as referred to in subparagraph b, the Board of Trustees can do it together or designate one or more of them to do so;
d. in the event that the entire Board of Directors position vacant because of the expiration of the term of Office and the Minister has not yet set a successor, all members of the Board of Directors has ended his tenure may be assigned by the Board or the Minister to perform his job as acting members of the Board of Directors with duties, authority, and the same obligations; and e. the incumbent members of the Board of Directors of the empty as stated on the letter b and the letter d, in addition to the Board of Trustees earn salaries and allowances and/or the same facility with an empty Board members, not including compensation for full-time position.
Article 18 (1) any member of the Board of Directors reserves the right to resign from his Office by delivering a letter of resignation to the Secretary and a copy to the Board of Trustees as well as the other Board members.
(2) a letter of resignation as mentioned in subsection (1) must be received by the Minister most longer than 30 (thirty) days before the effective date of resignation.
(3) in the event of resignation letter as referred to in paragraph (2) mention the effective date is less than 30 (thirty) days from the date of the letter of resignation was accepted, the effective date of resignation counted thirty (30) days from the date of the letter of resignation was accepted.
(4) in the event of resignation letter referred to in subsection (2) does not mention the effective date of resignation, members of the Board of Directors stopped on its own account for thirty (30) days from the date of receipt of the resignation letter.
(5) if the Minister does not give decisions up to 30 (thirty) days or up to the effective date requested, a member of the Board of directors who resigned stops by itself on the 30 (thirty) calculated from the date accepted the Minister's resignation letter.
Article 19 (1) Between Board members and between Board members with a member of the Board of Trustees has prohibited blood family relations up to the third degree, either according to the straight line or the line to the side, including the relationships arising from marriage.
(2) in case of a State referred to in paragraph (1), the Minister is authorized to dismiss one of them.
Article 20 (1) Board members are prohibited from assuming the post of the stanzas as: a. the Board of Directors at the State-owned enterprises, other areas, or private-owned enterprises;

b. members of the Board of Commissioners or the Board of Trustees at State-owned enterprises;

c. other structural and functional position in the Central Government institutions or agencies or areas;

d. other Office that may pose a conflict of interest; or e. any other term in accordance with the provisions of the legislation.
(2) a member of the Board of Directors and other Office as referred to in paragraph (1), his tenure as a member of the Board of Directors expired since the date of the occurrence of perangkapan Accounting Office.
(3) in the case of a person who reinstated banned for assumed by the Office of members of the Board of Directors referred to in subsection (1) was appointed as a member of the Board of Directors, concerned should resign from the post of the length of the longest 30 (thirty) days counted from the date of his appointment as a member of the Board of Directors.
(4) members of the Board of directors who did not resign from his old Office as referred to in paragraph (3), his position as a member of the Board of Directors ends with the passage of 30 (thirty) days referred to in subsection (3).
Chapter 21

(1) members of the Board of Directors are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) the Trustees are political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the area banned to appointed members of the Board of Directors.
(3) in the event the Board members became caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, refraining from his post as a member of the Board of Directors as of the date set to be a sysop since political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
Section 22 (1) members of the Board of Directors can be dismissed before his tenure ends on the basis of a decision of the Minister with the reason mentioned.
(2) the dismissal of members of the Board of Directors referred to in subsection (1) is performed based on the reason that in fact the Board members in question: a. is not able to meet its obligations agreed upon in the contract management;

b. cannot do their job properly;

c. do not carry out the Statutes and/or provision of legislation;

d. engaging in actions that are detrimental to the company and/or the State;
e. take action that violates ethics and/or propriety that ought to be respected as a member of the Board of Directors of State-owned enterprises; f. convicted by court rulings that have the force of law that remain; or g.  resigned.
(3) in addition to the reason for the dismissal of members of the Board of Directors referred to in subsection (2), the interests and objectives of the company, a member of the Board of Directors may be dismissed by the Minister based on other reasons judged appropriate by the Minister.
(4) a plan of the dismissal of members of the Board of Directors referred to in subsection (1) and paragraph (3) notified to the concerned Board members verbally or in writing by the Minister or the designated official.
(5) a decision of dismissal for reasons referred to in paragraph (2) letter a to letter e and paragraph (3) was taken after a concerned being given the opportunity of defending himself.
(6) self-defense as referred to in paragraph (5) was delivered in writing to the Minister or designated officer in writing within 14 (fourteen) days counted from the date of the respective Board members notified as referred to in paragraph (4).
(7) in terms of the dismissed Board members have been doing self-defense or declared not objected over a lunch plans at the time notified, then the provisions of the time referred to in subsection (6) is deemed to have been met.
(8) during the plan termination is still in process, the Board of Directors is obligated to carry out the task in question, as appropriate.
(9) Termination for the reasons referred to in paragraph (2) letter d and f is the letter of dismissal not with respect.
Article 23 (1) the Office of Member of the Board of Directors ends when: a. dies;

b. tenure ends;

c. dismissed based on the decision of the Minister; or d. is no longer eligible as a member of the Board of Directors on the basis of this Regulation and the provisions of the legislation.
(2) the provisions as referred to in paragraph (1) letter d include but are not limited to a duplicate post of banned and resignation.
(3) members of the Board of directors who quit before or after his term ended, except for his death remains responsible for actions that have not been accepted by the Minister was.
Article 24 (1) the Supervisory Board can dismiss Board members for a time when members of the Board of Directors acting contrary to the rules of this Government, there is an indication of the company's losses, while leaving out perform its obligations, or there is an urgent reason for the company.
(2) the decision of the Board of Trustees regarding the dismissal of the Provisional Board of Directors is carried out in accordance with the decision-making procedures the Board of Trustees.
(3) the suspension referred to in subsection (2) shall be notified in writing to the concerned accompanied by reasons why such action with copy to the Minister and the Board of Directors.
(4) the notice referred to in subsection (3) is submitted in writing within 2 (two) days after the date of the establishment of such suspension.
(5) a member of the Board of Directors dismissed while referred to in subsection (1) is not authorized to run the management of the company and representing the company both inside and outside the Court.
(6) in writing within sixty (60) days after the suspension referred to in subsection (1), the Minister must revoke or decision strengthened the decided suspension after the concerned Board members are given the opportunity to defend themselves.
(7) in case of a period of 60 (sixty) days referred to in subsection (6) have passed and the Minister could not take a decision, the suspension became null and void.
Paragraph 2 tasks, Authority and responsibilities of the Board of Directors Article 25 the Board of Directors is in charge of running all acts relating to the management of the Company for the benefit of the company and in accordance with the purpose and objectives of the company and represent the company inside and/or outside Court about everything and every scene, with restrictions as set forth in the articles of Association and/or the provisions of the legislation.

Article 26 in carrying out the tasks referred to in Article 25, the Board of Directors is authorized to: a. establish policies of the management of the company;
b. arrange for delivery of power to the Board of Directors of one or several members of the Board of Directors to take decisions on behalf of the Board of directors or the company in and out of court;
c. set the surrender of Directors to a company's workers or some people either singly or together or to others, to represent the company in and out of court;
d. set the terms of employment of the company including the determination of salary, pension or assurance of the old days and other income for the workers of companies based on the provisions of the legislation, provided the assignment of salary, pension or assurance of the old days, and other income for the workers that go beyond the obligations set forth the provisions of laws and regulations, must get prior approval from the Minister;
e. lift and lay off workers the company based on the company's employment rules and regulations; f. appoint and dismiss the Corporate Secretary and head of internal auditing unit; and g. doing all the actions and other deeds concerning the management and ownership of the company's wealth, bind the company by other parties and/or other parties with the company, and represent the company inside and outside court about everything and every scene, with restrictions as set forth in the articles of Association and/or the provisions of the legislation.
Article 27 in carrying out the tasks referred to in Article 26, the Board of Directors is obligated to: a. initiate and guarantee the implementation of the efforts and activities of the company in accordance with the intent and purpose as well as its business activities;
b. prepare in time long-term business plan and work plan and budget of the company and its changes, and submit it to the Board of Trustees and the Minister to obtain the endorsement of the Minister; c. provide an explanation to the Minister regarding the long-term business plan;
d. provide an explanation to the Minister regarding the work plan and budget of the company in case of approval of the work plan and budget of the company is the authority of the Minister;
e. give explanation to the Board of Trustees regarding the work plan and budget of the company in case of approval of the work plan and budget of the company is the authority of the Board of Trustees; f. make a treatise of the meeting of Directors;
g. make annual reports as a form of accountability for the management of the company and financial documents in accordance with the provisions of the legislation;
h. draw up financial statements based on standards of financial accounting and submit to public accounting for audited;
i. deliver the report to the Board of Trustees regarding the determination of the members of the Board of Directors and Board of Commissioners in subsidiaries and/or joint ventures; a. deliver and provide an explanation regarding the report semiannual to the Minister;

k. deliver and provide an explanation regarding the quarterly reports to the Board of Trustees;
b.  provide an explanation with regard to the management of the Company when asked or requested the members of the Board of Trustees and/or the Minister; m. submit annual reports including financial statements to the Minister for approval and passed;

n. provide an explanation to the Minister regarding annual reports;
o. keep treatise, treatise of the Trustees Board meeting the Board of Directors meeting, the annual report, the company's financial documents, and other documents;
p. store at the seat of the company, the Board of Trustees meeting and treatise treatise meeting of the Board of Directors, annual reports, financial documents, and other documents;
q. Drawing up accounting system in accordance with financial accounting Standards and based on the principle of internal control, especially the management function, the recording, storage, and supervision;

r. provide periodic reports according to the time and manner in accordance with the provisions, as well as other reports whenever requested by the Board of Trustees and/or the Minister; s. Company Organization set up complete with details and its work;

t. develop and establish organizational blue print company;

the u.s. Board of Directors performance achievement indicators compiled for requested the approval of the Minister; and v.  other obligations in accordance with the conditions provided for in this Regulation and which are specified by the Minister based on the provisions of the legislation.
Article 28 (1) in carrying out its duties, the Board of Directors is obligated to devote the effort, thought, attention, and his devotion in full on the tasks, obligations and the achievement of the objectives of the company.
(2) in carrying out its duties, the Board of Directors is obligated to comply with applicable Statutes and regulations and are obliged to carry out the principles of professionalism, efficiency, transparency, independence, accountability, responsibility, and fairness.
(3) in care of the company, the Board of directors carry out the instructions given by the Minister of all does not conflict with the articles of Association, the decisions of the Minister and/or the provisions of the legislation.

Article 29 (1) each Member of the Board of Directors is obligated in good faith and responsibly perform tasks for the benefit and business of the company in accordance with the provisions of the legislation.
(2) each Member of the Board of Directors are fully responsible for personally over the losses of the company in question innocent or negligent running task to the interests and business of the company.
(3) members of the Board of Directors is not responsible for any damage as referred to in paragraph (2) if it can prove that: a. the loss through no fault or negligence;
b. the management has done in good faith and prudence to interest and complies with the intent and purpose of the company;
c. have no conflict of interest either directly or indirectly over the Management's actions resulted in losses; and d.  have taken action to prevent such loss has occurred or is continuing.
(4) the actions carried out by Board members outside of meetings decided by the Board of Directors becomes concerned personal liability up to the action in question was approved by the meeting of the Board of Directors.
(5) the name of the company, the Minister may file a lawsuit to the Court against the Board members because of mistakes or negligence cause losses at the company.
Article 30 (1) of Directors mandatory written approval from the Board of Trustees if: a. mengagunkan fixed assets to short term credit withdrawal;
b. hold the cooperation with business entities or any other form of cooperation, license, contract management, lease of assets, joint operations (KSO), wake up To the transfers (Build Operate Transfer BOT), wake up Belong the transfers (Build Own Transfer/BOwT), wake up the transfers To (Build Transfer Operate/BTO), and other cooperation with the value or the period of time specified by the Minister;
c. accepting or giving loans, medium-term or long-term, unless the loans incurred because of business transactions and loans granted to subsidiaries, provided a loan to its subsidiary reported to the Board of Trustees; d. eliminating the bookkeeping of accounts receivable and inventory items stuck dead;
e. release the movable fixed assets with economical common age applicable in industry in General up to 5 (five) years; and/or f.   assign organizational structure 1 (one) level below the Board of Directors.
(2) in order to gain approval as referred to in paragraph (1), the Board of Directors delivered a petition in writing to the Board of Trustees accompanied by the required documents.
(3) within a period of not longer than 30 (thirty) days from the date of receipt of the application from the Board of Directors, the Board of Trustees must give a decision.
(4) in the event that the Board of Trustees still need explanation or additional documents from the Board of Directors, the Board of Trustees asked for explanations and/or additional documents referred from the Board of directors within the period referred to in subsection (3).
(5) within thirty (30) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (4), the Board of Trustees gave the decision.
Article 31 (1) of Directors mandatory written approval from the Minister if: a. mengagunkan fixed assets for medium-term credit withdrawal or long-term;

b. did the inclusion of capital in other companies;

c. establish subsidiaries and/or joint ventures;

d. the release investment capital in subsidiaries and/or joint ventures;
e. did the merger, takeover, foundries, separation, and the dissolution of subsidiaries and/or joint ventures; f. binding the company as guarantor (borg or avalist);
g. hold the cooperation with business entities or any other form of cooperation, license, contract management, lease of assets, joint operations (KSO), wake up To the transfers (Build Operate Transfer BOT), wake up Belong the transfers (Build Own Transfer/BOwT), wake up the transfers To (Build Transfer Operate/BTO) and other cooperation with the value or a period of time exceeding the specified Minister as stipulated in article 30 paragraph (1) letter b; h. do not charge longer accounts receivable dihapusbukukan that has stalled;
i. release and abolish the fixed assets of the company, except for fixed assets move with economical common age applicable in industry in General up to 5 (five) years; j. assign organizational blue print company;

k. assign and change the logo of the company;
b.  perform other actions and measures as referred to in article 32 paragraph (1) which has not been established in the work plan and budget of the company;
m. forming foundations, organizations, and/or Assembly either associated directly or indirectly with the company that could have an impact for the company;
n. imposition of Corporate costs that are fixed and routine for foundations, organizations and/or Assembly either associated directly or indirectly with the company; and/or o. proposing a representative of the company to be the members of the Board of Directors and/or the Board of Commissioners in a joint venture and/or subsidiaries that contributed significantly to the company and/or strategic value assigned Minister.
(2) to obtain the written consent of the Minister referred to in subsection (1), the Board of Directors delivered a petition in writing to the Minister is accompanied by a written response from the Board of Trustees and the necessary documents.
(3) to obtain a written response from the Board of Supervisors referred to in paragraph (2), the Board of Directors delivered a petition in writing to the Board of Trustees accompanied by the required documents.
(4) within thirty (30) days from the date of receipt of the application from the Board of Directors referred to in subsection (3), the Board of Trustees must provide a written response.
(5) in the event that the Board of Trustees still need explanation or additional documents from the Board of Directors, the Board of Trustees asked for explanations and/or additional documents from the Board of directors within the time referred to in subsection (4).
(6) in the event that the Board of Trustees did not give a written response and do not ask for explanations and/or additional documents from the Board of directors within the time referred to in subsection (4), the Board of Directors may provide you with a written application to the Minister to obtain written consent without a written response the Board accompanied by the description of the no response in writing from the Board of Trustees.
(7) within thirty (30) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (5), the Board of Trustees must provide a written response.
(8) if in writing within 30 (thirty) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (5) the Board of Trustees did not give a written response, the Board of Directors delivered a petition to the Minister to obtain written consent accompanied explanations of no written response from the Board of Trustees.
(9) the Board of Directors is obligated to request the approval of the Minister for: a. turn their wealth of a company that is more than 50% (fifty percent) of the total net worth of the company in one or more transactions within the period of 1 (one) year books related either to each other or not; or b. make debt guarantees a wealth of Company which is more than 50% (fifty percent) of the total net worth of the company within 1 (one) or more transactions related either to each other or not.
(10) Redirects, waiver, or make debt guarantee all or part of the assets is the merchandise or supplies and/or originating from the payment of accounts receivable arising from the implementation of standstill of all business activities, not yet recorded as fixed assets the company does not require the approval of the Supervisory Board or the Minister.
Article 32 (1) based on the proposal of the Board of Trustees, the Minister may establish the Board of Directors is authorized to take any action referred to in Section 30 subsection (1) without the approval in writing from the Board of Trustees.
(2) the Minister may delegate the authority granting approval of the actions of the Board of Directors as stipulated in article 31 paragraph (1) to the Board of Trustees. (3) if necessary for the sake of securing the company, the Minister may establish other restrictions to the Board of Directors.

Article 33 (1) in order to carry out the management of the company, each Member of the Board of Directors shall be entitled and authorized to act for and on behalf of the Board of Directors and represent the company in accordance with the company's Management policy is assigned based on the decision of the Board of Directors.

(2) any act of members of the Board of Directors for and on behalf of the Board of Directors and/or in order to represent the company must be carried out in accordance with the policy on the management of the company as referred to in paragraph (1) or in accordance with the decision of the Board of Directors.
(3) If no other is specified in the management policy of the company as referred to in paragraph (1), the Director shall be entitled and authorized to act for and on behalf of the Board of Directors and represent the company inside and/or outside the Court.
(4) in case the President Director is absent or unable to due to any cause that does not need to be proved to a third party, one member of the Board of directors appointed by the President Director is authorized to act for and on behalf of the Board of Directors and represent the company.
(5) in case the President Director is not doing the designation, one of the Board members are appointed by and among existing Board members authorized to act for and on behalf of the Board of Directors and represent the company.
(6) in the event of appointment referred to in subsection (5) is not done then one member of the Board of Directors of the longest serving authorized to act for and on behalf of the Board of Directors and represent the company.
(7) in terms of the longest-serving Director more than 1 (one) person then the Board members referred to in subsection (6) the age of the oldest authorized to act for and on behalf of the Board of Directors and represent the company.
Article 34 the Board of Directors is entitled to appoint one or more Deputy or his authority to do certain laws by giving special powers under power of attorney.

Paragraph 3 of the meeting of Directors of article 35 (1) any decision of the Board of Directors taken in a meeting of Directors.
(2) the decision of the Board of Directors may also be taken outside the meeting of the Board of Directors throughout the entire Board members agree on manner and material adjudged.
(3) in any meeting of the Board of directors should be made note of the meeting signed by the Chairman of the Board of Directors meetings and all members of the Board of Directors are present, which contains things that are discussed and decided upon, including a statement of disapproval if any Board members. (4) a copy of the note of the meeting referred to in subsection (3) is submitted to the Board of Trustees for the unknown.

Article 36 (1) a member of the Board of Directors may be represented in the meeting only by the other Board members on the basis of a written power of Attorney provided special for it. (2) a member of the Board of Directors can only represent one other Board member.

Article 37 (1) the Board of directors hold meetings at least 1 (one) time in a month.
(2) the Board of Directors may hold meetings at any time upon the written request of one or more members of the Board of Trustees or the Minister with mention of things to talk about.
(3) the Board of Directors ' Meeting held at the seat of the company, in the place of the business activities of the company, or elsewhere on the territory of the Republic of Indonesia established by the Board of Directors.
(4) call meetings of Directors done in writing by the members of the Board of Directors is entitled to represent the company and delivered in writing within three (3) days before the meeting is held or in less time if in urgent circumstances, and not the date of the call and the date of the meeting. (5) in a letter calling the meeting must be attached to the event, date, time, and place of the meeting.
(6) Meetings of Directors the right to take legal and binding decisions if attended by more than ½ (one per two) number of members of the Board of directors or his Deputy.
(7) in the event that the Board of Directors Meeting held without calling a meeting, in writing, the meeting is legitimate and right to take decisions that are binding when attended by all members of the Board of directors or his Deputy.
(8) in the event of meeting others, meeting of the Board of Directors are not entitled to take a decision unless all members of the Board of directors or his Deputy the legitimate present and approved the agenda of the meeting become a meeting etc.
Article 38 (1) meetings of the Board of Directors is chaired by the President Director.
(2) in case the President Director is not present or is unable to, the meeting of the Board of Directors is chaired by a member of the Board of Directors specifically designated by the Director.
(3) in case the President Director is not doing the designation, one of the Board members are appointed by and among existing Board members authorized to preside over meetings of the Board of Directors.
(4) in case the designation referred to in paragraph (3) is not done, the longest Board members served as the lead directors.
(5) in the event the Board of Directors of the most long-serving more than 1 (one) person, one of the Board members in the age of the oldest authorized lead directors.
Article 39 (1) the decision of the Board of Directors in the meeting taken with deliberation for consensus.
(2) in case the decision can not be taken with deliberation for consensus, a decision taken with the most votes.
(3) each Member of the Board of Directors reserves the right to issue one (1) vote and an additional one (1) vote for Board members it represents.
(4) if the number of votes that agree and disagree just as much, the decision was taken that the meeting in accordance with the opinion of the Chairman of the meeting by staying attentive to the provisions concerning liability referred to in Article 29 paragraph (2). (5) the votes or abstentions blanko deemed consent to the proposal put forward in the meeting.
(6) in the event the Board members did not attend the meeting, the Board of Directors is obligated to provide opinion to approve or not approve against the decision of the meeting in question, and if it does not give an opinion deemed the decision meeting. (7) unauthorized Sound be considered do not exist and are not counted in determining the number of votes issued in the meeting.
Paragraph 4 of the conflict of interest Board of Directors article 40 (1) members of the Board of Directors is not authorized to represent the company if: a. the matter occurred in front of the Court between companies with Board members concerned; and/or b. the concerned Board members have interests that conflict with the interests of the company.
(2) in case the condition referred to in subsection (1), the company is represented by one member of the Board of directors appointed from, and by members of the Board of Directors in addition to the members of the Board of Directors referred to in subsection (1).
(3) in the event of conflict of interest concerns all members of the Board of Directors, the company is represented by the Supervisory Board or by a person appointed by the Board of Trustees.
(4) in case the condition referred to in subsection (3) and no Board of Trustees, the Minister raised one or more to represent the company.
(5) in the event that all members of the Board of directors or the Supervisory Board has a conflict of interest with the company, the Minister appoints the other to represent the company.
The fifth part 1 Paragraph Oversight of appointment and dismissal of the Board of Trustees of article 41 Supervisory Companies conducted by the Board of Trustees.

Article 42 (1) the appointment and dismissal of the members of the Board of Trustees is done by the Minister.
(2) members of the Supervisory Board may consist of officials under the Technical Secretary, Ministry of finance, the Minister, and the head of the Ministry/government institution non Ministry that its activities directly related to the company.
(3) appointment of a member of the Board of Trustees of the elements referred to in paragraph (2) was done by staying attentive to the requirements of members of the Board of Trustees as provided for in this Regulation.
Article 43 (1) which can be appointed as a member of the Board of Trustees is the individual person who is able to carry out the legal deeds and never: a. is declared bankrupt;
b. became a member of Board of directors or Commissioners or Trustees who were convicted of causing a company or public corporation declared bankruptcy; and c.  convicted for committing criminal acts to the detriment of the country's finances.
(2) in addition to meet the criteria referred to in paragraph (1), which can be appointed as a member of the Board of Trustees is the individual people who have integrity, dedication, understanding Corporate management issues related to one of the functions of management, have adequate knowledge in the field of business of the company, and can provide enough time to do their job.
(3) eligibility as referred to in subsection (1) is evidenced by an affidavit signed by the members of the Board of Trustees and the letter is stored by the company.
(4) the appointment of members of the Board of Trustees who do not meet the requirements referred to in subsection (1) is annulled by law from the date of the other members of the Board of Trustees or Board of directors know not satisfy these requirements.

Article 44 (1) the number of members of the Board of Trustees designated by the Minister according to your needs.
(2) in the case of members of the Board of Trustees more than 1 (one) person, one member of the Board of Trustees was appointed as Chairman of the Board of Trustees.
Article 45 (1) the members of the Supervisory Board are appointed for a term of 5 (five) years and may be reappointed for one term to the next. (2) appointment of a member of the Board of Trustees not coinciding with the appointment of the members of the Board of Directors.

Article 46 (1) in the event of a vacancy the position member of the Board of Trustees: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy Office of the Member of the Board of Trustees, appointed to fill vacancy;
b. in the event of vacancy of members of the Board of Trustees due to expiry of term of Office and the Minister has yet to appoint a new Board of Trustees, a member of the Board of Trustees who has ended his tenure may be appointed by the Minister as acting members of the Board of Trustees with the duties, obligations and authorities of the same Member of the Board of Trustees of the empty up to the lifting of a member of the Board of Trustees are definitive;

c. incumbent members of the Board of Trustees as stated on the letter b is given honorarium and allowances and/or the same facilities with members of the Board of Trustees of the empty, not including compensation for full-time position.
(2) in the event that the Office of all members of the Board of Trustees is empty: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy, appoint members of the Supervisory Board to fill the vacancy;
b. during the term of the Board of Trustees and the Minister has not raised a member of the Board of Trustees of the empty as referred to in letter a, the Minister raised a few people or as acting members of the Board of Trustees with the duties, authorities, and obligations that are the same as the members of the Board of Trustees;
c. in the event that the entire Office of the Board of Trustees is empty due to expiry of term of Office and the Minister has not yet lifted his successor, all members of the Board of Trustees who has ended his tenure may be appointed by the Minister as acting members of the Board of Trustees with the duties, authorities, and obligations that are the same as the members of the Board of Trustees;
d. acting members of the Board of Trustees as stated on the letter b and the letter c obtain honorarium and allowances and/or members of the Board of Trustees, not including compensation for full-time position.
Article 47 (1) each Member of the Board of Trustees reserves the right to resign from his Office by delivering a letter of resignation to the Secretary and a copy to the other members of the Board of Trustees and the Board of Directors.
(2) a letter of resignation as mentioned in subsection (1) must be received by the Minister most longer than 30 (thirty) days before the effective date of resignation.
(3) in the event of resignation letter as referred to in paragraph (2) mention the effective date is less than 30 (thirty) days from the date of the letter of resignation was accepted, the effective date of resignation counted thirty (30) days from the date of the letter of resignation was accepted.
(4) in the event of resignation letter referred to in subsection (2) does not mention the effective date of resignation, members of the Board of Trustees to stop on its own account for thirty (30) days from the date of receipt of the resignation letter.
(5) if the Minister does not give decisions up to 30 (thirty) days or up to the effective date requested, a member of the Board of Trustees who resigned stops by itself on the 30 (thirty) calculated from the date of letter of resignation was accepted by the Minister.
Article 48 (1) Between the members of the Board of Trustees has prohibited blood family relations to the third degree with either according to the straight line or the line to the side, including the relationships arising from marriage.
(2) in case of a State referred to in paragraph (1), the Minister is authorized to dismiss one of them.
Article 49 (1) the members of the Board of Trustees are prohibited from assuming the post of the stanzas as: a. the Board of Directors at State-owned enterprises, regional-owned enterprises, private-owned enterprises;

b. the position of the other in accordance with the provisions of the legislation; and/or c. other term could pose a conflict of interest.
(2) a member of the Board of Trustees and interim term as referred to in paragraph (1), his tenure as a member of the Board of Trustees ends uncountable since the occurrence of the perangkapan Office.
(3) in the case of a person who reinstated banned for fauna with the Office of Member of the Board of Supervisors referred to in paragraph (1) was appointed as a member of the Board of Trustees, the question should resign from the post of the longest duration of thirty (30) days from his appointment as a member of the Board of Trustees.
(4) members of the Board of Trustees who did not resign from his old Office as referred to in paragraph (3), his position as a member of the Board of Trustees ends with the passage of 30 (thirty) days referred to in subsection (3).
Article 50 (1) the members of the Board of Trustees are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) the Trustees are political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the area banned to appointed members of the Board of Trustees.
(3) in the case of members of the Board of Trustees became the caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, refraining from his position as supervisory board member unaccounted since set to be caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
Article 51 (1) members of the Supervisory Board may be dismissed before his tenure ends on the basis of a decision of the Minister with the reason mentioned.
(2) the dismissal of a member of the Board of Supervisors referred to in paragraph (1) is performed based on the reason that in fact, a member of the Board of Trustees is concerned: a. cannot do their job properly;

b. do not carry out the Statutes and/or provision of legislation;

c. engage in actions that are detrimental to the company and/or the State;
d. undertake actions that violate the ethical and/or propriety which should be honored as a member of the Supervisory Board of State-owned enterprises; e. convicted by court rulings that have the force of law that remain; and/or f.   resigned.
(3) in addition to the reasons for dismissal of members of the Board of Supervisors referred to in paragraph (2), a member of the Board of Trustees may be dismissed by the Minister based on other reasons judged appropriate by the Minister of the interests and goals of the company.
(4) the dismissal of a member of the Board of Trustees Plans notified to the members of the Board of Trustees concerned orally or in writing by the Minister or the designated official.
(5) a decision of dismissal for reasons referred to in paragraph (2) letter a up to d and paragraph (3) was taken after a concerned are given the opportunity defend himself.
(6) self-defense as referred to in paragraph (5) was delivered in writing to the Minister or the officer designated by the Minister in writing within 14 (fourteen) days counted from the date of the Board of Trustees member in question is notified as referred to in paragraph (4).
(7) in the event that a member of the Board of Trustees dismissed has been doing self-defense or declared not objected to plan a lunch at the time notified, provisions concerning the time referred to in subsection (6) is deemed to have been met.
(8) during the plan termination referred to in paragraph (4) is still in the process, the members of the Board of Trustees concerned mandatory do their job properly.
(9) Termination for the reasons referred to in paragraph (2) Letter c and the letter e is not a dismissal with respect.
Article 52 (1) the Office of a member of the Board of Trustees terminates if: a. dies;

b. tenure ends;

c. dismissed based on the decision of the Minister; or d. is no longer eligible as a member of the Board of Trustees on the basis of this Regulation and the provisions of other legislation.
(2) the provisions as referred to in paragraph (1) letter d include but are not limited to a duplicate post of banned and resignation.
(3) a supervisory board member who quit before or after his term ended, except for his death remains responsible for actions that have not been accepted by the Minister was.
Paragraph 2 duties, Authority, and responsibilities of the Board of Trustees of article 53 duty of Trustees: a. conduct surveillance against the policy of the management and operations of the Management in General about the company and the company's business conducted by the Board of Directors, including the supervision of implementation against the long-term business plan, work plan and budget of the company, the articles of Association, the Minister's decision, and/or provision of legislation; and b.  provide advice to the Board of Directors for the interests of the company in accordance with the purpose and objectives of the company.

Article 54 in the exercise of the tasks referred to in Article 53, the Board of Trustees authorized: a. examine the books, letters, other documents, check out the cash for the purposes of verification and other securities, and the wealth of the company; b. Enter the grounds, buildings, and offices used by the company;

c. demanded an explanation from the directors and/or other officials about issues that concern the management of the company;

d. know the policies and actions that have been and will be run by a Board of Directors;
e. ask the Directors and/or other officials under a Board of Directors with the knowledge of the Board of Directors to attend a meeting of the Board of Trustees; f. appoint and dismiss the Secretary of the Board of Trustees over the burden of the company, if considered necessary;

g. suspend members of the Board of Directors in accordance with the provisions of this Regulation;

h. formed a Committee other than the Audit Committee, if deemed necessary having regard to the ability of the company;

i. use experts for certain things and within a certain period over the burden of the company, if considered necessary;
j. perform acts of management of the company in certain circumstances for a period of time in accordance with the provisions of this Regulation; k. Board of Directors meetings and provide views of the things spoken of; and l.  carry out other Surveillance Authority along does not conflict with the articles of Association, the decisions of the Minister and/or the provisions of the legislation.

Article 55 in carrying out the tasks referred to in Article 53, the Board of Trustees is mandatory: a. gives advice to the Board of Directors in the discharge of the management company;
b. research and reviewing and signing a long-term business plan and work plan and budget of the company Board of Directors is prepared according to the provisions of this Regulation;
c. provide opinions and advice to the Minister regarding the long-term business plan and work plan and budget of the company;
d. follow the development of the company's activity, provide opinions and advice to the Minister on any matter deemed important for the management of the company; e. report immediately to the Minister if the symptoms menurunnnya the performance of the company;
f. researching and reviewing periodic reports and annual reports are prepared and signed the annual report of the Board of Directors; g. provide explanations, opinions, and advice to the Minister regarding the annual report, when requested;
h. drafting work plan and the annual budget of the Board of Trustees that is included in the work plan and budget of the company; i. Drawing up indicators of achievement of the performance of the Board of Trustees for requested approval of the Minister;

j. formed the Audit Committee;

external auditor proposed k. to the Minister;

b.   make note of the meeting of the Board of Trustees and save a copy as well as deliver the original to the Board of Directors;
m. gives a report on the Surveillance tasks have been performed during the fiscal year that recently ended to the Minister; and n. other obligations in order to carry out the task of supervision and the giving of advice, all do not conflict with the articles of Association, the decisions of the Minister and/or the provisions of the legislation.
Article 56 (1) in carrying out its work, the members of the Supervisory Board is obligated to abide by the articles of Association, the decisions of the Minister and/or the provisions of laws and regulations, as well as carrying out mandatory principles of professionalism, efficiency, transparency, independence, accountability, responsibility, and fairness.
(2) In overseeing the company, the Board of Trustees carry out instructions given by Ministers along does not conflict with the articles of Association, the decisions of the Minister and/or the provisions of the legislation.
Article 57 (1) each Member of the Board of Trustees is obligated in good faith, full of prudence and responsibility to perform tasks for the benefit and business of the company in accordance with the provisions of the legislation.
(2) each Member of the Supervisory Board are personally responsible for any damage the company in question innocent or negligent running task to the interests and business of the company.
(3) in the event that the Board of Trustees consists of 2 (two) members of the Supervisory Board or more, the responsibility referred to in subsection (2) is the responsibility of every Member of the renteng Board of Trustees.
(4) members of the Supervisory Board is not responsible for any damage as referred to in paragraph (2) if it can prove that: a. have been conducting surveillance of prudence and in good faith for the benefit of the company and in accordance with the purpose and objectives of the company;
b. has no private interest either directly or indirectly over the actions of the Management Board of Directors resulted in losses; and c.  has been providing advice to the Board of Directors to prevent arising or continuing losses.
(5) the name of the company, the Minister may file a lawsuit to the Court against a member of the Board of Trustees because of mistakes or negligence cause losses at the company.
Article 58 all expenses necessary in order the execution of the duties of the Board of Trustees charged to companies and explicitly contained in the work plan and budget of the company.

Board of Trustees Meeting 3 paragraphs of article 59 (1) any decision of the Board of Trustees taken in a meeting of the Board of Trustees.
(2) the decision of the Board of Trustees may also be taken outside the meeting of the Board of Trustees over the entire members of the Board of Trustees agree on manner and the matter was decided.
(3) in any meeting of the Board of Trustees should be made note of the meeting signed by the Chairman of the meeting of the Board of Trustees and all members of the Supervisory Board are present, which contains things that are discussed and decided upon, including a statement of disapproval of members of the Board of Trustees if any.
(4) the original message of the meeting referred to in subsection (3) is submitted to the Board of Directors to be stored and documented.
Article 60 (1) the Board of Trustees held a meeting at least 1 (one) time in each month and in the meeting of the Board of Trustees may invite the Board of Directors.
(2) in addition to the meetings referred to in paragraph (1), the Board may hold meetings at any time when required by the Chairman of the Board of Trustees, proposed by at least 1/3 (one in three) of the number of members of the Board of Trustees, or upon the written request of the Minister by mentioning things that will be discussed.
(3) meetings of the Board of Trustees was held at the seat of the company, in the place of the business activities of the company, or elsewhere on the territory of the Republic of Indonesia established by the Board of Trustees.
Article 61 (1) a member of the Board of Trustees may be represented in the meeting only by other members of the Board of Trustees on the basis of a written power of Attorney provided special for it. (2) a member of the Board of Trustees may only represent one other Member of the Board of Trustees.

Article 62 (1) call a meeting Board of Trustees is done in writing by the Chairman of the Board of Trustees or by the members of the Board of Trustees appointed by the Chairman of the Board of Trustees and delivered within 3 (three) days before the meeting is held or in less time if in urgent circumstances, and not the date of the call and the date of the meeting. (2) in a letter calling the meeting must be attached to the event, date, time, and place of the meeting.
(3) the call of the meeting referred to in subsection (1) is not required if all the members of the Supervisory Board present at the meeting.
(4) meetings of the Board of Trustees is legitimate and right to take decisions that are binding, if attended by more than ½ (one per two) number of members of the Supervisory Board or his Deputy.
(5) in terms of meeting of the Board of Trustees was carried out without calling a meeting, in writing, the meeting is legitimate and right to take decisions that are binding when attended by all members of the Supervisory Board or his Deputy.
(6) in the event of meeting others, meeting of the Board of Trustees are not entitled to take a decision unless all members of the Supervisory Board or his Deputy the legitimate present and approved the agenda of the meeting become a meeting etc.
Article 63 (1) meetings of the Board of Trustees is chaired by the Chairman of the Board of Trustees.
(2) in case the Chairman of the Board of Trustees is not present or is unable to, the meeting of the Board of Trustees is chaired by a member of the Board of Trustees that is specially designated by the Chairman of the Board of Trustees.
(3) in case the Chairman of the Supervisory Board is not doing the designation, one of the members of the Board of Trustees appointed by and among the members of the Board of Trustees, is authorized to lead a meeting of the Board of Trustees.
(4) in the event of appointment referred to in subsection (3) is not done, a member of the Board of Trustees of the most long-serving who led a meeting of the Board of Trustees.
(5) in the case of members of the Board of Trustees of the most long-serving more than 1 (one) person, one of the oldest Supervisory Board members in the age of the authorities led the meeting of the Board of Trustees.
Article 64 (1) decisions of the Board of Trustees meeting taken with deliberation for consensus.

(2) in case the decision can not be taken with deliberation, consensus decisions are taken with the most votes.
(3) each Member of the Board of Trustees reserves the right to issue one (1) vote plus one (1) vote for a member of the Board of Trustees that it represents.
(4) if the number of votes that agree and disagree just as much, the decision was taken that the meeting in accordance with the opinion of the Chairman of the meeting by staying attentive to the provisions concerning liability referred to in Section 57 subsection (2). (5) the votes or abstentions blanko deemed the proposal put forward in the meeting.
(6) in the event that a member of the Board of Trustees did not attend the meeting, the members of the Supervisory Board is obligated to provide opinion to approve or not approve against the decision of the meeting in question, and if it does not give an opinion deemed the decision meeting.
(7) a member of the Board of Trustees could not attend the mandatory meeting to the members of the Board of Trustees represents the other. (8) unauthorized Sound be considered do not exist and are not counted in determining the number of votes issued in the meeting.

The sixth part of the long-term business plan Article 65 (1) the Board of Directors is obligated to prepare a draft long-term business plan which is a strategic plan that includes goals and company goals to be achieved within a period of 5 (five) years.
(2) the draft long-term business plan which was signed jointly by the Board of Directors and Supervisory Board submitted to the Minister for a passed into long-term business plan.
Article 66 long-term business plan referred to in Article 65 paragraph (2) contains at least: a. evaluation of the implementation of the long-term plan of the company;

b. position the company at the time of the preparation of the long-term business plan;

c. assumptions used in the preparation of long-term business plan;

d. the determination of mission, goals, strategies, policies, and programs of work long-term business plan; and e. the policy business development company.

The seventh section of the work plan and budget of the company Article 67 (1) the Board of Directors is obligated to prepare a draft work plan and budget of the company containing the annual elaboration of long-term business plan.

(2) the draft work plan and budget of the company referred to in subsection (1) who have signed together with the Board of Trustees proposed to the Minister the longest sixty (60) days before the fiscal year begins to gain the endorsement.
(3) the draft work plan and budget of the company as referred to in paragraph (1) was passed by the Minister of not longer than 30 (thirty) days after the fiscal year running.
(4) in the case of the draft work plan and corporate budget has not been passed by the Minister within the period referred to in subsection (3), the draft work plan and budget of the company is considered valid for executed all have met the provisions of the Ordinance the preparation work and budget plan of the company.
(5) if the company is declared healthy for 2 (two) years in a row, the powers of the Minister to certify the work and budget plan of the company as referred to in paragraph (3) may be delegated to the Board of Trustees.
Article 68 (1) changes to the work plan and budget of the company which has been endorsed as stipulated in article 67 paragraph (3) is done by the Minister.
(2) the proposal changes the company's Budget and work plan which was signed together with the Board of Trustees presented by the Board of Directors to the Minister for approval.
(3) the approval of the Minister referred to in subsection (2) must be given most longer than 30 (thirty) days from the date of receipt of the proposed change of the Board of Directors.
(4) in the case of the draft work plan and budget changes the company has not received the approval of the Minister within the period referred to in subsection (3), the draft work plan and budget changes the company deemed valid in executed all have met the provisions of the Ordinance drafting changes work and budget plan of the company.
(5) in terms of work and Budget Plan endorsement the company has assigned to the Board of Trustees, the Authority's approval of changes to the company's business plan and budget set by the Board of Trustees.
Article 69 work and budget plan of the company as referred to in article 67 at least contain: a. a mission, objectives, strategies, policies, and programs of work/activities;

b. corporate budget specified for any budget work programs/activities;

c. financial projections of the company and its subsidiaries;

d. work plan and the annual budget of the Board of Trustees; and e. other matters requiring a decision of the Minister.

The eighth section of the Reporting article 70 (1) the Board of Directors is obligated to prepare periodic reports containing the implementation of the work plan and budget of the company.
(2) periodic reports referred to in paragraph (1), reports a quarterly report covering the semiannual, and annual reports.
(3) in addition to the periodic reports referred to in paragraph (2), the Board of Directors at any time can also provide special reports to the Board of Trustees and/or the Minister.
(4) periodic reports referred to in paragraph (1) and the special report referred to in subsection (3) is submitted with the form, content, and the procedures for the preparation in accordance with the provisions of the legislation.
Article 71 (1) the Board of Directors is obligated to report quarterly to the Board of Trustees of not longer than 30 (thirty) days after the end of the quarterly period. (2) Quarterly Report referred to in subsection (1) is signed by all the members of the Board of Directors.
(3) in the event that there are Board members did not sign a quarterly report referred to in subsection (2), should be mentioned the reason in writing.
Article 72 (1) of Directors mandatory semiannual report to the Minister the longest 30 (thirty) days after the end of the semiannual period. (2) the Semiannual Reports as referred to in paragraph (1) was signed by all the members of the Board of Directors.
(3) in the event that there are Board members did not sign a semiannual report referred to in subsection (2), should be mentioned the reason in writing.
Article 73 (1) within five months after the fiscal year of the company is closed, the Board of Directors is obligated to submit annual reports including audited financial statements to the Minister to obtain an endorsement.
(2) the annual report of the company as referred to in paragraph (1) was signed by all the members of the Board of Directors and Board of Trustees.
(3) in case there is a member of the Board of directors or Board of Trustees did not sign the annual report referred to in subsection (2), should be mentioned the reason in writing.
(4) the annual report referred to in paragraph (1) contains at least: a. the annual calculation consists of the balance of the end of the fiscal year that recently ended and the calculation of the income of the fiscal year in question as well as the explanation, as well as a report on the rights of companies that are not recorded in the ledgers include but are not limited to the penghapusbukuan accounts receivable;
b. the combined balance sheet and calculation of the combined income of the subsidiaries, in addition to the balance sheet and the calculation of the income of each subsidiary; c. report of the circumstances and the operations of the company as well as the results that have been achieved;

d. the main activities of the company and changes during the fiscal year;

e. details of problems arising during the fiscal year that affected the activity of the company;
f. report on the duties of supervision and the giving of advice that has been exercised by the Supervisory Board for the fiscal year that recently ended; g. the name of the Member of the Board of Directors and the Board of Trustees; and h.  salary and other benefits for members of the Board of Directors and honorarium and other allowances for the members of the Board of Trustees.
Article 74 (1) calculation of yearly as stipulated in article 73 paragraph (4) letter a is made in accordance with Financial accounting standards.
(2) in the case of financial accounting standards referred to in subsection (1) cannot be implemented properly, should be given an explanation as well as the reason.
Article 75 (1) the Board of Directors is obligated to submit the annual calculation of the external auditor to the designated by the Minister upon the proposition of the Board of Trustees for review.
(2) the report of the external auditor's inspection results up against the annual calculation referred to in paragraph (1) is communicated in writing to the Minister to be endorsed.
(3) in the case of liability referred to in subsection (1) are not met, the passage of the annual calculation cannot be performed.
(4) the annual Calculation referred to in paragraph (2) after obtaining the endorsement of Minister announced in daily newspapers.
Article 76 (1) endorsement of the annual report and the annual calculation of the endorsement of the company done by the Minister.
(2) in the case of documents the annual calculation provided turned out to be untrue and/or misleading, a member of the Board of Directors and the Board of Trustees in renteng responsibilities responsible for aggrieved parties.
(3) a member of the Board of Directors and Board of Supervisors exempted from liability referred to in subsection (2) if such circumstances are proven not because of his error.
Article 77 of the attestation referred to in Article 76 paragraph (1) the Board of Directors and the Board of Trustees freed from responsibility to the management and supervision performed during the last financial year, to the extent such action is contained in the annual report and the annual calculations as well as having regard to the provisions of the legislation.

The ninth part of the internal auditing unit of article 78 (1) the company is obligated to form the internal auditing unit.
(2) internal auditing unit referred to in subsection (1), headed by a Chief who is accountable to the Director.
Article 79 of internal auditing unit on duty: a. assist the Director in carrying out the company's financial and operational checks, assess their implementation, management and control of the company, as well as give advice on improvements;
b. report the inspection results or the results of the implementation of internal auditing unit as stated on the letter a to the Director; and c.  monitor the follow-up over the inspection results have been reported.

Article 80 (1) Director report examination results of internal auditing unit as stipulated in article 79 letter b to all the members of the Board of Directors, then followed up in a meeting of Directors.
(2) the Board of Directors is obligated to heed and take immediate steps necessary for everything expressed in each report the results of the checks made by the internal auditing unit.
Article 81 written at the request of the Board of Trustees, the Board of Directors is obligated to report the inspection results or the results of the implementation of internal auditing unit referred to in Article 79 of the letter b.

Article 82 in the discharge of his duties, the internal auditing unit is obligated to maintain a smooth task units of other organizations within the company in accordance with the duties and responsibilities of each.

The tenth section of the Audit Committee and Other Committees Article 83 (1) the Supervisory Board is obliged to form an Audit Committee work collectively and functioning help the Board of Trustees in carrying out its work.
(2) the Audit Committee as referred to in paragraph (1), headed by a Chief who is accountable to the Board of Trustees. (3) the establishment of an audit committee is carried out in accordance with the provisions of the legislation.
(4) the Audit Committee is tasked with: a. assisting the Board in ensuring the effectiveness of the internal control system and the effectiveness of the implementation of the external auditor and the internal auditing unit;
b. assessing the implementation of the activities and results of the audit conducted by the internal auditing unit the external auditors; c. provide recommendations on perfection of management control systems as well as their implementation;

d. make sure there has been a satisfactory review procedures against any information issued by the company;
e. identifying matters requiring the attention of the Board of Trustees as well as the duties of the Board of Trustees; and

f. perform other duties in accordance with the provisions of the regulations and/or established by the Board of Trustees.
Article 84 (1) the Supervisory Board may form other committees to assist the Board of Trustees.

(2) the establishment and implementation of other committees is carried out in accordance with the provisions of the legislation.

The eleventh part is the use of profit and a reserve fund of article 85 (1) Each financial year, the company is obliged to set aside a certain amount of net profit as a reserve fund.
(2) net income Allowance referred to in subsection (1) done until the reserve fund reaches at least 20% (twenty percent) of the Corporate capital.
(3) reserve fund up to the amount of 20% (twenty percent) of the capital of the company may only be used to cover the losses of the company.
(4) when the reserve fund has exceeded the amount of 20% (twenty per cent), the Minister may decide to let the excess from the reserve fund is used for the purposes of the company.
(5) the Board of Directors must manage a reserve fund in order to fund the reserves earn profits in a good way by observing the provisions of the legislation.
(6) the profit earned from the management of the reserve fund referred to in subsection (5) are included in the calculation of income.
Article 86 (1) use of the net profit of the company including the amount of the allowance as a reserve fund referred to in Article 85 is designated by the Minister.
(2) the Minister may designate some or all of the company's net profit was used for the dividend distribution and/or other subdivisions in the form of tantiem to Board of Directors and the Board of Trustees, bonus for employees, or the placement of net profit in the company's reserve fund that can be allocated for the expansion of the company.
Article 87 If the computation of income in a given fiscal year showed a loss that cannot be closed by the reserve fund, the loss remains recorded in the Accounting Firm and the company considered not profitably over the losses that were recorded were not entirely enclosed, by not reducing the provisions of the legislation.

The twelfth part of a merger, Takeover, Foundries, and changes the shape of the body of corporate law Article 88 (1) Merger, takeover, foundries, and changes in the form of legal entity Company established by government regulation.
(2) Merger, takeover, foundries, and changes in the form of a legal entity of the company is carried out in accordance with the provisions of the legislation.
The thirteenth section of the dissolution of the company Article 89 (1) the dissolution of the company established by government regulation.

(2) the dissolution of the company is carried out in accordance with the provisions of the legislation.

Article 90 (1) in case the company disbanded, the company cannot do deeds of law, except as necessary to deal with the wealth of the company in the process of liquidation.
(2) action pemberesan wealth as mentioned in subsection (1) include the following: a. record keeping and collecting the wealth of the company;

b. the determination of the Division of the wealth of the company;

c. payments to creditors;

d. payment of the remaining wealth of the company liquidation to the Minister; and e. other actions that need to be done in the implementation of the pemberesan wealth of the company.
The fourteenth part of the fiscal year the company Article 91 for the fiscal year of the company is the calendar year, unless specified otherwise by the Minister.

The fifteenth section of the employees of the company of article 92 (1) employees of the company is a Company worker appointment, termination, the rights and obligations set forth by the Board of Directors based on shared work agreements in accordance with the provisions of the legislation in the field of employment.
(2) for the employees of the company do not apply all the provisions of the civil service and the Office of the eselonisasi that apply to civil servants.
Article 93 in regard to employees of the company was appointed to the Board of Directors of the company, the Board of Directors at State-owned enterprises, or the directors of a subsidiary of the formerly State-owned enterprise status, which concerned retired as employees of the company with the highest rank within the company, from the date of accounting was appointed member of the Board of Directors, and is entitled to the pension rights of the company.

Article 94 (1) employees of the company are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) in the case of employees of the company became the caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, stop by itself from his position as an employee calculated from the date set to be caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
The sixteenth part of the issuance of bonds and Other Debt Article 95 issuance of bonds and other debt by the company assigned by the Minister having regard to the provisions of the legislation.

Seventeenth part of procurement of goods and services of article 96 (1) Procurement of goods and services by companies that use the funds directly from the State Budget income and Expenditure either partially or completely implemented in accordance with the provisions of the implementation of Budget revenue and Expenditure of the State.
(2) the Board of Directors of the company establishes the procedures for procurement of goods and services for the company in addition to the procurement of goods and services as referred to in paragraph (1), on the basis of general guidelines established by the Minister.
The eighteenth part of revenue's Board of Directors and the Board of Trustees of article 97 (1) the quantity and type of income the Board of Directors and the Board of Trustees designated by the Minister having regard to the provisions of the legislation.
(2) the determination of the income the Board of Directors and the Board of Trustees is done with attention to income, assets, target achievement, financial capability, and the level of health of the company.
(3) in addition to the notice referred to in subsection (2), the Minister may also pay attention to other relevant factors.
(4) in addition to income received as a member of the Board of Directors and the Board of Trustees designated by the Minister, a member of the Board of Directors and Supervisory Board members are prohibited from taking personal benefits from the activities of the company.
Part of the corporate documents of the nineteenth Chapter 98 a mandatory Board of directors manages the company's documents in accordance with the provisions of laws and regulations concerning corporate documents.

Twentieth part removal and Pemindahtanganan company assets Article 99 removal and pemindahtanganan company's assets is carried out in accordance with the procedures set forth in the regulations of the Minister.

Part Of One Bankruptcy Article 100 (1) the filing of an application for mempailitkan Companies to court can only be made by the Minister of finance.
(2) in the event of bankruptcy happens because of errors or omissions of Directors and Corporate wealth is not enough to cover the loss due to bankruptcy, each Member of the Board of Directors in renteng responsibilities responsible for the losses.
(3) a member of the Board of Directors that can prove that the bankruptcy through no fault or negligence, be liable for any damage in the renteng responsibilities.
Part Twenty Two Damages Article 101 the members of the Board of Directors and all employees of the Company because of the legal actions against losses for the company are obliged to indemnify.

CHAPTER IV CLOSING PROVISIONS Article 102 (1) at the time when this Regulation comes into force, the Government put a stop to the assignment to the company to conduct a fishing port concession and the fishing industry in the fishing port of Tarakan in East Kalimantan Coast, Coastal fishing port Lampulo in Aceh, and Coastal fishing port Banjarmasin in South Kalimantan, which during the time worked by the company based on the Government Regulation Number 23 in 2000.
(2) with the termination of the assignment, transfer of company assets that are in the area of working fishing port as referred to in subsection (1) is carried out in accordance with the provisions of the legislation.
Section 103 at the time when this Regulation comes into force, regulations implementing the Government Regulation Number 23 in 2000 about the Public Company (public corporation) Ocean Fisheries Infrastructure (State Gazette of the Republic of Indonesia year 2000 Number 48) revealed remains in effect throughout does not conflict with the provisions of this Regulation.

Article 104 at the time when this Regulation comes into force, the Government Regulation Number 23 in 2000 about the Public Company (public corporation) Ocean Fisheries Infrastructure (State Gazette of the Republic of Indonesia year 2000 Number 48), repealed and declared inapplicable.

Article 105 of this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 23 January 2013 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 23 January 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();