National Development Planning Minister Regulation Number 3 By 2013

Original Language Title: Peraturan Menteri Perencanaan Pembangunan Nasional Nomor 3 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c510df4e190a481313233323533.html

BN 918-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 915, 2013 the MINISTRY of NATIONAL DEVELOPMENT PLANNING/BAPPENAS. The Trustee Agencies. The Fund Representatives. Climate Change.
REGULATION of the MINISTER of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD No. 3 by 2013 on the ESTABLISHMENT of the INSTITUTION of the TRUSTEE TRUST FUND CLIMATE CHANGE INDONESIA/Indonesian CLIMATE CHANGE TRUST FUND with the GRACE of GOD ALMIGHTY MINISTER of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD, Considering: a. that the Government of Indonesia has received a climate change trust fund Indonesia/Indonesia Climate Change Trust Fund established and defined by the decision of the Minister of national development planning/national development Planning Agency Head Number KEP 44/URM.PPN/ HK/09/2009 on the establishment of the Indonesia Climate Change Trust Fund as amended by decision of the Minister of national development planning/national development Planning Agency Head Number KEP. 59/HK/URM.PPN/09/2010;
b. that with the promulgation of Regulations has been President of the number 80 in 2011 about trust funds, an adjustment needs to be done against a provision of the formation of the climate change trust fund Indonesia/Indonesia Climate Change Trust Fund;
c. that based on considerations as referred to in letter a and letter b, need to reassign Agency Trustee Trust Fund Indonesia climate change/Indonesia Climate Change Trust Fund through the regulation of the Minister of national development planning/national development Planning Agency Head.
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
3. Act No. 25 of 2004 about National Development Planning System (State Gazette of the Republic of Indonesia Number 104 in 2004, an additional Sheet of the Republic of Indonesia Number 4421);
4. Government Regulation number 10 in 2011 about the procedures for the procurement of Foreign Loans and grants;
5. Presidential regulation Number 82 in 2007 about the national development planning Board;
6. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as it has been modified several times, the last presidential regulation Number 91 in 2011;
7. Presidential Regulation number 80 in 2011 about the Trust Fund;
8. Regulation of the Minister of national development planning/national development Planning Agency Head Number PER. 005/URM.PPN/09/2007 about the Organization and the Work of the Ministry of national development planning/National Development Planning Agency, as amended by regulation of the Minister of national development planning/national development Planning Agency Head number 7 in 2012;
Decide: define: REGULATION of the MINISTER of NATIONAL DEVELOPMENT PLANNING/HEAD of the NATIONAL DEVELOPMENT PLANNING BOARD on the ESTABLISHMENT of the INSTITUTION of the TRUSTEE TRUST FUND CLIMATE CHANGE INDONESIA/Indonesian CLIMATE CHANGE TRUST FUND.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. The trustee Agency trust fund climate change Indonesia/Indonesia Climate Change Trust Fund, hereinafter abbreviated ICCTF, is the agency responsible for co-ordinating and disbursing grants from various sources to fund the handling of climate change.
2. the Trust Fund is a grant provided by one or more of the giver of the Grants administered by an institution as the trustee for the purposes of a specific use.
3. the ICCTF Governance Guidelines is a document that describes a detailed explanation regarding the implementation of governance, fiscal accountability, liquefaction, use of funds, and program execution mechanism ICCTF settings.
4. Minister of national development planning/head of the national development planning board, hereinafter referred to as the Minister of planning, Minister of Government Affairs which hosts in the area of national development planning. 5. Finance Minister was the Minister who organized a Government Financial Affairs of the State.
6. The units of work, hereinafter the Satker, is part of an organizational unit at the Ministry/agency that executes one or more activities of an organization that funds NATIONAL BUDGET burden.
7. The power of the budget Users, hereinafter referred to as KPA, is the designated officials in the Satker who manages grants the ICCTF determinations conducted by Minister of planning.
8. The Agency Trustee, hereinafter referred to as LWA is an organization formed by ministries/agencies to manage trust funds in accordance with the authority that was agreed upon in the agreement grants. 9. The Assembly of the trustee, hereinafter referred to as the MWA, are part of the LWA equated with the Satker.
10. the mandate of the Fund Manager hereinafter referred to with a PDA is a financial institution established by the MWA to mengadministrasikan the use of trust funds.
11. The secretariat is the work unit formed by MWA to implement and support the implementation of MWA everyday. 12. The Executive Director is the head of the Secretariat to manage the operations of the Secretariat.

CHAPTER II ESTABLISHMENT, objectives, tasks and FUNCTIONS of article 2 By Ministerial Regulation was formed the Agency Trustee trust fund climate change Indonesia/Indonesia Climate Change Trust Fund, hereinafter referred to as the ICCTF.

Article 3 ICCTF is formed by the goal to act as the institution accountable Government representing Indonesia in the implementation of activities and manage grants the handling of climate change in accordance with the provisions agreed upon in the agreement grants.

Article 4 (1) Task ICCTF is collecting, receiving and disbursing the funds to finance the programs and activities of the handling of climate change.
(2) in carrying out the tasks referred to in paragraph (1), hosts the ICCTF functions: a. the preparation, selection, monitoring and reporting of program activities and the handling of climate change; and b. supports the Government of Indonesia in doing coordination funding by ministries/agencies, development partners, civil society organizations, the private sector, and financial institutions in the framework of the implementation of the programs and activities of the handling of climate change.
CHAPTER III SCOPE of article 5 ACTIVITIES Trust Fund for financing the ICCTF program and strategic and innovative activities to: a. reduction of greenhouse gas emissions; and b.  increased resilience of communities to the impacts of climate change on agriculture, forestry and peat land, industrial, energy and transport, waste, and other sectors.
CHAPTER IV IMPLEMENTING ORGANIZATION article 6 (1) ICCTF consists of: a. the trustee Assemblies; and b. the person who manages the funds Mandate (2) the effectiveness of the implementation of the activities in order, MWA can form the Secretariat.

Article 7 (1) the duties and responsibilities of MWA, as stipulated in article 6 paragraph (1) letter a: a. establish the mandate of the Fund Manager;
b. policy implementation programs, conduct and manage the funds as agreed upon in the agreement grants; c. Select and assign the Executive Director;

d. establish work plan and budgeting activities periodically;

e. compile the ICCTF financial reports;

f. withdrawal of grant of Grant Givers;

g. ordered the payment of trust funds to related parties;

h. the process of procurement of goods/services; and i.   validating the Governance Guidelines. (2) the decisions of the technical and operational steering as MWA ICCTF is final and binding.

Article 8 (1) the order of organization of the MWA as stipulated in article 6 paragraph (1) letter a, consisting of: a. Chairman and members;

b. the Secretary and members; and c. members. (2) the membership of the MWA as referred to in paragraph (1) established by decision of the Minister of planning.

Article 9 (1) the duties and responsibilities of the Chairman of the MWA is: a. facilitating the decision-making process MWA;

b. sign a letter/document designation decision MWA; and c. submit a report of the implementation of the activities and management of the Fund to the Ministry of planning and the ICCTF Finance Minister.
(2) the duties and responsibilities of the Secretary of the MWA: a. undertake management of the documents and the decision of the MWA MWA meetings organizing, preparing, doing the recording process and the results of the meeting of the MWA, and publish decisions MWA; b. preparing the supporting decision-making by MWA;

c. coordinate the ICCTF report preparation; and d.  execute other secretarial duties.
(3) the duties and responsibilities of a member of MWA is providing input and opinions in the execution of duty MWA as stipulated in article 7 paragraph (1).
Article 10 (1) of the MWA as referred to in article 6 paragraph (1) letter a, equated as the Satker.
(2) the official KPA by the MWA members comes from the Ministry of national development planning/national development planning board and designated by the Minister of planning. (3) the duties and responsibilities of the KPA is carrying out the duties of the KPA corresponding legislation.

Article 11 (1) a member of MWA consists of: a. three representatives of the Ministry of national development planning/National Development Planning Agency;

b. a person representative of the Ministry of finance;

c. one representative of the Ministry of economy of the Field Coordinator;

d. one representative of the Ministry of people's Welfare Coordinator;

e. head of the Secretariat of the National Council on climate change;

f. a representative civil society organizations;

g. one person representative of the corporate world;


h. a person representative of academia; and i.  one representative for each development partner who contributed funds to the ICCTF. (2) a member of MWA representing ministries/Institutions proposed by the Minister/Leader of the institution.

(3) a member of MWA representing ministries/Agencies is least Echelon officials of the i. (4) members of the MWA is representative of civil society organizations, the business world and academia that activities relating to the handling of climate change was chosen in a transparent, objective, non discriminatory and accountable.
Article 12 the PDA as referred to in article 6 paragraph (1) letter b is the designated financial institutions and designated by MWA to mengadministrasikan the use of trust funds.

Article 13 (1) the duties and responsibilities of PDA referred to in article 6 paragraph (1) letter b is: a. deal with administrative and financial trust funds in accordance with the principles of administrative and financial management of which has been agreed upon in the contribution agreement funds to the ICCTF; b. report on the handling of administrative and financial Trust Fund to MWA; and c.  perform the payments to related parties by order of MWA. (2) in carrying out its task, the PDA is coordinated by the MWA.

CHAPTER v. SOURCES of FUNDS Article 14 ICCTF Trust Fund Resources derived from international grants, grants, national BUDGET and other funds that are not binding.

CHAPTER VI IMPLEMENTATION of the ACTIVITIES of the first part of Implementing the activities of Chapter 15 ICCTF Trust Fund can be disbursed by the MWA to implementing activities, consisting of: a. the Ministries/Agencies;

b. the Government of the region;

c. Non governmental Organizations;

d. non-governmental institutions; and/or e. College.

The second part of the determination of the activity of article 16 (1) the activities that will be financed through the Trust Fund, proposed by ministries/agencies, Non governmental Organizations, colleges, and/or private institutions to MWA.
(2) the proposed activities of the ministries/Institutions as referred to in paragraph (1), including the proposal to be implemented by local governments.
(3) the proposed activity referred to in subsection (1), shall be: a. based on the national medium term development plan;

b. consider the purpose of the use of grants and Grants acceptance of principles; and c. consider the achievement of the targets of the thematic trust funds.
Article 17 (1) suitability MWA activities proposals referred to in article 16 paragraph (1).
(2) the results of an assessment of the feasibility of the proposed activities as referred to in paragraph (1), poured in the news show's ratings.
(3) based on the results of the assessment of the feasibility of the proposed activities as referred to in paragraph (1), MWA gives approval or rejection.
Section 18 of the Ordinance proposing the activities referred to in article 16 and the assessment of the proposed activities referred to in article 17, provided for in the Governance Guidelines set forth by the MWA.

CHAPTER VII MONITORING, evaluation and REPORTING article 19 MWA do monitoring and evaluation of the implementation of programmes and projects funded by the ICCTF is based on the guidelines of governance and legislation.

Article 20 (1) of the implementing Activities report quarterly to the MWA.
(2) the report referred to in subsection (1) consists of the implementation reports and activity reports of the realization of the absorption of the Trust Fund.
(3) the MWA report semiannual and annual progress report on the implementation of the activities and the management of the Trust Fund to the Minister of planning, Minister of finance, Minister/Chairman of related Institutions and grants.
(4) in addition to the report referred to in subsection (1), subsection (2) and paragraph (3), the MWA report to another in accordance with the regulations or required in the agreement grants.
CHAPTER VIII the MANAGEMENT and TRANSFER of STATE-OWNED GOODS Article 21 the management and transfer of State-owned goods that come from the implementation of the activities of the ICCTF, performed in accordance with the provisions of the legislation.

CHAPTER IX GOVERNANCE GUIDELINES section 22 (1) the Governance Guidelines ICCTF organized and established by the Chairman of the MWA.
(2) the Governance Guidelines referred to in subsection (1) at least consist of: a. implementation of governance programmes and activities;

b. financial and administrative governance; and c. the governance of human resource management.
CHAPTER X PROVISIONS of the TRANSITION Article 23 (1) with the entry into force of the regulation of the Minister of the decision of the Minister of national development planning/national development Planning Agency Head Number KEP 44/URM.PPN/HK/09/2009 on the establishment of the Indonesia Climate Change Trust Fund as amended by decision of the Minister of national development planning/national development Planning Agency Head Number KEP. 59/HK/URM.PPN/09/2010 declared valid all does not conflict with the provisions of this regulation of the Minister.
(2) the operational execution of all documents existing ICCTF and passed before the establishment of ministerial regulation was declared still valid until the adjustment is carried out in accordance with the regulations of the Minister.
CHAPTER XI CLOSING PROVISIONS Article 24 this Ministerial Regulation comes into force on the date of promulgation.

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

Established in Jakarta on June 28, 2013, the MINISTER for NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD, ARMIDA s. ALISJAHBANA Enacted in Jakarta on 9 July 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();