Corruption Eradication Commission Regulation No. 3 By 2013

Original Language Title: Peraturan Komisi Pemberantasan Korupsi Nomor 3 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51a6af473086df313233373130.html

BN 621-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 621, 2013 the CORRUPTION ERADICATION COMMISSION. Settlement. The Loss Of The Country. Not The Treasurer. The Ordinance.

REGULATION of the CORRUPTION ERADICATION COMMISSION of the REPUBLIC of INDONESIA number 03 2013 SETTLEMENT ORDINANCE of LOSSES of STATE RATHER THAN AGAINST the TREASURER with the GRACE of GOD ALMIGHTY CHAIRMAN of the CORRUPTION ERADICATION COMMISSION of INDONESIA, Considering: a. that the financial management of the State and State-owned Goods instead of against the Treasurer in the environs of the corruption eradication Commission, events can occur that result in the loss of the State;
b. that the Chairman, advisory, officials of the corruption eradication Commission, or another party that led to the loss of the State in the environment of the corruption eradication Commission is obligated to indemnify the State;
c. that based on considerations as referred to in letter a and letter b need to set rules of the corruption eradication Commission on the procedures for the settlement of the loss of the State rather than against the Treasurer.
Remember: 1. Act No. 30 of 2002 about the criminal acts of Corruption eradication Commission (State Gazette of the Republic of Indonesia Number 137 in 2002, an additional State Gazette Number 4250);
2. 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);
3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
4. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400);
5. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609);
6. Regulation of the corruption eradication Commission number 03 of 2010 about the Organization and the work of the corruption eradication Commission as amended by regulation of the corruption eradication Commission number 02 2013 about changes to the regulation of the corruption eradication Commission number 03 of 2010 about the Organization and the corruption eradication Commission's work;
Decide: define: REGULATION of the CORRUPTION ERADICATION COMMISSION of INDONESIA ABOUT the PROCEDURES for the SETTLEMENT of the LOSS of the STATE RATHER THAN AGAINST the TREASURER of the CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the corruption eradication Commission, is: 1. The leadership of the corruption eradication Commission hereinafter called Leader is referred to in Act No. 30 of 2002 of the Commission for the eradication of criminal acts of corruption.
2. An advisory team of the corruption eradication Commission hereinafter called Advisor was referred to in Act No. 30 of 2002 of the Commission for the eradication of criminal acts of corruption.
3. the officials of the corruption eradication Commission hereinafter called the Employee is referred to in the Government Regulation Number 63 in 2005 about human resources management corruption eradication Commission as modified by the Government Regulation Number 103 in 2012 of the Government Regulation Number 63 in 2005 about human resources management corruption eradication Commission.
4. The other party is any person other than the Chairman, advisors, Employees, or the Treasurer of the Commission.
5. The Treasurer is the employees given the task for and on behalf of the Commission, accept, store, paying out/handed money, securities, and/or State-owned goods.
6. Loss of the State rather than against the Treasurer who hereafter Losses the State is short of cash, securities, and/or goods is real and definite number.
7. A team of Reviewers is a team formed by deputies of the supervision of the 8. Internal and public complaints to conduct examination over the alleged Losses of the State.
9. Terperiksa is the leader, advisors, employees, or others who are suspected of committing the deed which caused the loss of the country.
10. Absolute Liability Certificate, hereinafter called SKTJM is a promissory letter and/or recognition of the leadership, advisors, Officers, or other parties which declared responsible and willing to do the replacement of the State for losses incurred.
11. The completion of the country's Losses by way of peace is an effort to regain fully refund the State for losses in certain time either in cash or in installments without going through the process Demands Damages the country.
12. Demands Damages claim against the State is Leadership, employees, advisors, or others to be responsible for the loss of the country after the peaceful settlement efforts are not successful.
13. Goods belonging to the State are all goods bought or obtained over the burden of Budget income and Expenditure the country or coming from another acquisition.
14. The abolition of the State Bill is the removal of a country from the Bill a good bookkeeper is temporary or fixed based on specific reasons, that could not be billed either because no responsible party becomes aware or has no person responsible meet their obligations.
15. The decision of the imposition of a State of Damages Decision hereinafter referred to as the imposition was a Decree issued by the leadership of the country is not the imposition of Damages against the Treasurer.
16. The decision of the liberation of the Country Damages hereafter referred to a decision of Exemption is a Decree issued by the leadership of the liberation of the Country instead of Damages against the Treasurer.
17. The leadership of the work Unit is the lowest-level structural official Bureau Chief or the Director.
18. State of Kahar (force majeure) are circumstances beyond human abilities allegations among others caused by natural disasters, earthquakes, landslides, floods, war, or other circumstances that are expressed officially by the Government.
CHAPTER II AIMS and OBJECTIVES article 2 (1) of this regulation are intended as guidelines for the Commission to regulate the procedures for the settlement of the State's damages in the environment the Commission conducted the leadership, employees, advisors, and other parties.
(2) the procedures for the settlement of the State's damages aims to: a. return the losses to a country that has occurred;

b. creating an orderly administration of the finances of the State and State-owned Goods; and c. creates discipline and responsibility of Leadership, employees, advisors, and other parties in managing the finances of a country and/or State-owned Goods that are not against the Treasurer.
CHAPTER III the SCOPE of article 3 (1) of the regulation the Commission regulates the procedures of settlement of Losses against the leadership, advisors, employees, or others who are not the Treasurer in the environs of the corruption eradication Commission.
(2) the procedures for the settlement of the country's Losses against the Treasurer in the neighborhood Commission, referring to the regulations published by the Agency of the Republic of Indonesia Financial Examiner about the procedures for the settlement of the country's Losses against the Treasurer.
CHAPTER IV the CAUSE of OCCURRENCE of LOSSES the COUNTRY article 4 State Losses that are processed on the basis of this rule is the Loss of the State Commission on the environment as a result of the occurrence: a. administrative offences or procedures in the management of finances of the State or State-owned Goods that are not against the Treasurer based on internal conditions or regulations of the Commission, made by the leadership, employees, advisors, and/or other parties; or b. circumstances compel (overmacht) or the State of kahar (force majeure).
Chapter V PROCEDURE article 5 REPORTING (1) Director, advisors, Officers, or other parties which result in or know of any Losses the State is obliged to report in writing to the Director of Internal oversight with copy to the Secretary-general no later than 7 (seven) days since the loss of the country.
(2) Special Advisor and an employee referred to in subsection (1) is also required to provide a copy to the immediate supervisor.
(3) in addition to the retrieved from the leadership, advisors, employees, or others, the report referred to in subsection (1) may be obtained from: a. supervision and/or notification from the leadership of the work Unit;

b. Bureau of the public as a State-owned Merchandise Manager;
c. the results of supervisory activities conducted at the Directorate of Internal Oversight or inspection results of the Agency's Financial Examiner; or d. any other parties.
(4) The report referred to in subsection (1) and paragraph (2) presented by filling out the Form of the report on Internal Oversight Directorate, which among other things contains information on: a. the party that supposedly do acts that led to the loss of the State;

b. time of occurrence of losses to the State;

c. the place of occurrence of losses to the State;

d. State the loss occurrence; and e. an estimate of the amount of losses the country.
Article 6 of the report referred to in article 5 can be attached with the letter of the report the loss incurred by the local police.

CHAPTER VI EXAMINATION PROCEDURE article 7 (1) within 7 (seven) days since the report referred to in article 5 paragraph (1) is received by the Director of Internal oversight Internal Oversight, Deputy public complaints and formed a team of Inspectors who are tasked to determine whether there is any loss of State or not done alone or together by the leadership, advisors, employees, or others.
(2) In conducting an examination referred to in subsection (1), a team of Reviewers can do: a. inquiries against related parties;

b. examination of the scene of events;


c. the collection of necessary evidence;

d. request for information against Terperiksa; and/or e. other actions as it deems appropriate. (3) the examiner Team acts as referred to in paragraph (2) should be made the news event.
(4) in proceedings referred to in subsection (2), Terperiksa may submit pleadings and evidence that relieves.
(5) review process referred to in subsection (2) do the longest 20 (twenty) business days counted since the examiner Team was formed.
Article 8 (1) Deputy Secretary-General asking for PIPM to determine the magnitude of the value of the country's Losses.
(2) a quantity value of Losses of State conveyed to Deputy Secretary General PIPM within a period of not longer than 15 (fifteen) business days counted since the Secretary-General received a request referred to in subsection (1).
(3) to determine the magnitude of losses to the State, the Secretary-General can be assigned: a. General Bureau Chief in State Losses incurred due to the occurrence of the loss/damage to Goods belonging to the State; or b. the head of the Bureau of Planning and finance in the country Losses incurred due to the occurrence of the loss/shortage of money or securities.
(4) if deemed necessary, the Secretary General may appoint Agency, officer or person authorized to assist in the determination of the magnitude of the value of the country's Losses.
Article 9 (1) basis of determining the magnitude of the value of the country's Losses due to the loss of the money assigned based on the amount of the difference less contained in accounting and/or other notes.
(2) The basis of determining the magnitude of the value of the country's Losses due to the loss of State-owned Items are as follows: a. motor vehicles are assigned based on the base price of the motor vehicle taxation applicable to the Police Office/local POLICE, at the time of the incident.
b. Equipment/household items/goods Office belonging to other countries, such as notebook computers, projectors and other set based on the market price of the goods according to the type of the same specification, at the time the goods are lost by taking account of the depreciation of 10% per annum or the condition of goods lowest lightest 20% of price estimates.
c. building, established based on the standard prices taking into account depreciation by a decree of the Minister of public works wing at the time of the incident.
d. land, established on the basis of the value of selling land that is based on the Value of the object of the tax or the market price prevailing at the time the State Losses occur (using values/higher price).
(3) the basis of determining the magnitude of the value of the country's Losses due to the destruction of the goods belonging to the State, is in the amount of repair costs.
(4) When the damaged state-owned Goods cannot be fixed then the basis of determination of the magnitude of the value of the Losses the country refers to the basis of the determination of the value of the loss referred to in subsection (2).
Article 10 (1) after receiving the quantity value of the Losses of the State referred to in article 8 paragraph (2), a team of Inspectors to make inspection results in the Inspection Report form which is signed by a team of Inspectors and the Director of Internal oversight to be conveyed to the Deputy Internal Oversight and public complaints.
(2) within three (3) working days, the Deputy public complaints and Internal Oversight report the results of the examination referred to in subsection (1) to the leadership.
(3) Report the inspection results contain: a. Description of the facts of the incident;

b. analysis of Genesis;

c. conclusions;

d. recommendations.
(4) if the Examination Results Report stating not proven the existence of acts that result in losses to the State, then the Leader issued a Decree of liberation.
(5) In the report the inspection results declared proven the existence of acts that result in losses to the State, then the leadership issued Decisions Imposition.
(6) decision letter of loading as referred to in subsection (5) has the legal power to do sita guarantee.
(7) the leadership issue a Decision referred to in paragraph (4) and/or (5) the longest 7 (seven) working days since the results of the examination of the Reports received.
Article 11 (1) against the imposition of Decisions referred to in article 10 paragraph (5), Terperiksa may submit an objection in writing to the Chairman of the House accompanied by evidence of at least 7 (seven) working days since the receipt of the decision of Imposition.
(2) Before issuing a decision on the objection referred to in subsection (1), the Chairman may request a description of Deputy Internal Oversight and public complaints, General Secretary, the Director of Internal Oversight, a team of Reviewers, and/or Terperiksa.
(3) The longest period of 10 (ten) working days since the petition objections received, the leadership must decide to accept or reject the objection.
(4) The decision against the objection referred to in subsection (3) is final.
(5) Secretary General of the implementing procedures of settlement of losses the country within a period of 7 (seven) working days since the receipt of the decision of the Chairman referred to in paragraph (3).
CHAPTER VII PROCEDURE of SETTLEMENT of LOSSES the State is considered a general article 12 settlement of State Losses charged to the parties responsible for the Loss of the State can be implemented by means of: a. peace; or b. the compensation demands.

The second part of the Peaceful Settlement by means of Article 13 (1) settlement by peaceful means is done by signing the form SKTJM at the Secretariat-General.
(2) the form SKTJM as referred to in paragraph (1) contain: a. a statement of willingness and/or recognition of that country's Loss of her responsibilities and be willing to change;

b. the amount of State Losses to be paid;

c. method of payment in cash or mengangsur;

d. period of payment; and e. the statement delivery guarantee whose value is greater than the value of the Losses the State charged.
(3) the provisions referred to in paragraph (2) letter e excluded in terms of peaceful settlement made in cash.
(4) the responsible Parties submit to Bureau Chief General form: a. goods guarantee when warranted are chattels;

b. proof of legitimate ownership over the goods is warranted;

c. power of attorney to sell goods warranted; and/or d. Attorney compensation cuts.
(5) the Secretary General of the General Bureau commissioned to undertake the storage and management of documents and goods referred to in paragraph (4) as well as the completion of the country's Losses occur.
Article 14 (1) settlement by peaceful means that made in cash paid at least 7 (seven) business days counted since SKTJM was signed.
(2) the settlement by peaceful means the mengangsur done on a longest-24 (twenty-four) months counted since SKTJM was signed.
(3) in the event of settlement by peaceful means as referred to in paragraph (1) and (2) has passed the deadline then the completion is done by way of Compensation Demands.
Article 15 in terms of payment of the Losses the State has carried out with peaceful means, then the leadership of issuing a decision on the payment of Damages and subsequent removal done over bills/loss countries based on conditions.

The third part of settlement by way of Compensation demands of article 16 (1) Settlement Procedure by way of a Counter-claim for damages done if: a. the responsible party is not willing to sign SKTJM;

b. the responsible party is not completing its obligations according SKTJM; or c. the leadership rejected objections filed by the Terperiksa as mentioned in section 11 subsection (3).
(2) the Secretary-General submits a request to the authorized Agencies to settle claims damages as referred to in paragraph (1) appropriate legislation.
CHAPTER VIII STATE DAMAGES EXEMPTION REASON article 17 Exemption to replace the loss of the State can be done in terms of: a. not found sufficient evidence to replace the Loss of the State done loading;

b. the existence of circumstances forced power (overmacht) or the State of kahar (force majeure);

c. expired.

CHAPTER IX miscellaneous PROVISIONS Article 18 Demands damages the State based on the rule does not eliminate the administrative sanctions and/or lawsuits based on legislation.

Article 19 obligation of Leadership, advisors, Employees, or the other party to pay damages the country be expired if within 5 (five) years since he knew the Loss or 8 (eight) years from the occurrence of the loss of the State done in not settling the country's Losses as referred to in article 12 paragraph (1).

Article 20 (1) Attachments-attachments in this rule is one of unity and the part that is an integral part of this regulation.
(2) The attachments referred to in subsection (1) consists of: a. I:Form Appendix I decision of imposition of Damages the State b. Annex II: Form II Decision Damages the State Exemption c. Appendix III: Form III Billing Letter d. Appendix IV: Form IV Waiver charge e. Attachment V:Form V Top Dressing Demands Repayment Decision KerugianNegara CHAPTER X TRANSITIONAL PROVISIONS Article 21 settlement of All the events that led to the loss of the country which still lasts up to the enactment of this regulation then so far may apply the provisions of this regulation.

CHAPTER XI CLOSING PROVISIONS Article 22 this corruption eradication Commission Regulations, comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this corruption eradication Commission with its placement in the news of the Republic of Indonesia.

Established in Jakarta on April 1, 2013, CHAIRMAN of the CORRUPTION ERADICATION COMMISSION of INDONESIA, ABRAHAM SAMAD Enacted in Jakarta on April 17, 1995 the MINISTER of LAW and HUMAN RIGHTS


The REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();