Advanced Search

Corruption Eradication Commission Regulation No. 3 By 2013

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
iscipline and responsibility of the Chairman, Advisor, Employee, and Other Parties in the management of the State and/or State-owned Finance not to the Treasurer.

BAB III
SCOPE

Section 3

(1) The Regulation of this Commission governs the manner of the completion of the State Losses against the Leadership, Counsellates, Employees, or Other Parties who are not the Treasurer in the Corruption Eradication Commission environment.
(2) The manner of the completion of the country's loss to the Treasurer in the environment of the Commission, in reference to the regulations published by the Financial Examiner Agency of the Republic of Indonesia on the Tata Way Settlement the State Losses against Treasurer.

BAB IV
THE CAUSE OF THE COUNTRY ' S LOSS

Section 4

The country loss processed under this Regulation is the State Loss in the Commission environment as a result of occurrence:
a. Administrative violation or procedure in the management of the State or State Financial Services that is not against the Treasurer under the laws or the internal provisions of the Commission, conducted by the Chairman, the Advisor, the Employee, and/or other parties;
B. The state of force (overtures) or kahar state (force majeure).

BAB V
REPORTING PROCEDURE

Section 5

(1) Leadership, Counseling, Employee, or Other Party resulting in or aware of the State Losses Mandatory report in writing to the Director of Internal Oversight by busan to the Secretary-General at least 7 (seven) the day since the loss of the State is known.
(2) Special to the Advisor and Employee as referred to in paragraph (1) is also required to provide a gust to a direct superior.
(3) In addition to being obtained from the Leadership, Advisor, Employee, or Other Parties, Reports as referred to in paragraph (1) may be obtained from:
a. supervision and/or notice of the Leadership of the Working Unit;
B. The General Bureau as the State-owned Goods maintainer;
C.Results of the surveillance activities conducted by the Directorate of Internal Oversight or the results of the Financial Examiner's Agency; or
The other parties.
(4) The report as referred to in paragraph (1) and paragraph (2) is delivered by filling the Report Form on the Internal Oversight Directorate, which among others contains information about:
The person who allegedly did the deed resulting in the State Loss;
b.Time of the State Loss;
The name of the State Losses;
d.event of State Loss; and
The estimated number of State Losses.

Section 6

The report as referred to in Article 5 can be attached to a missing report letter issued by local police.

BAB VI
THE EXAMINATION PROCEDURE

Section 7

(1) Within 7 (seven) days of the Report as referred to in Article 5 of the paragraph (1) received by the Director of Internal Oversight, the Deputy Internal Oversight and the Complaint Societies make up the Governing Team in charge of the Determine whether there is a State Loss or not being done alone or together by the Chairman, Advisor, Employee, or Other Side.
(2) In conducting the examination as referred to in paragraph (1), the Torture Team can do:
A.request request for related parties;
b.examination of the event events;
C.collection of the required evidence;
d.request captions against checked; and/or
Other actions deemed necessary.
(3) The Inspector Team ' s actions as referred to in paragraph (2) must be made up of the Event News.
(4) In the examination process as referred to in paragraph (2), the inquest can submit a defense and extenuating evidence.
(5) The examination process as referred to in paragraph (2) is carried out at most 20 (twenty) days of work since the Torture Team was formed.

Section 8

(1) The PIPM deputy asks the Secretary General to determine the magnitude of the Country ' s Loss value.
(2) The value of the State Losses is delivered by the Secretary General to the Deputy PIPM in the most prolonged period of 15 (fifteen) days of working days since the Secretary-General accepted the request as referred to in paragraph (1).
(3) To determine the magnitude of the State Losses, the Secretary General can assign:
a) General Bureau Chief if the Country's loss arises from the loss/damage of the State Property; or
B. Head of the Bureau of Planning and Finance if the State's loss arises from loss of money or valuable mail.
(4) If seen in need, the Secretary General may appoint an institution, an official, or a person authorized to assist in determining the magnitude of the value of the State Losses.

Section 9

(1) The base determination of the value of the State Losses due to loss of money is specified by the amount of less difference contained in the bookkeeping and/or other records.
(2) The determination of the magnitude of the State Losses value due to the loss of State Property is as follows:
a. The motor vehicle is set based on the base price of the motor vehicle tax charge that applies to the local Polyanyan/POLDA Office, at the time of the incident.
Other State-owned office/property tools, such as notebooks, computers, projectors and others are set based on the price of the goods market according to the same specification type, at the time the item is missing with a account for the largest shrinkage of 10% /year or with the lightest condition of the lowest goods 20% of the estimated price.
c. Building building, set on the basis of price standards by taking into account the depreciation as per the Decree of the Minister who was drugging the public works at the time of the incident
d.Land, specified by the value of the land selling guidelines on the Value of the Tax Object or the market price applicable to the time the State Losses occur (using higher value/prices).
(3) The basis of the determination of the magnitude of the State's Losses due to the loss of the State's Goods, is the amount of repair
(4) If the damaged State Item is irreparable -level structural officer-level of the Chief Bureau or Director.
18. The force majeure is a state of suspicion or human ability that is either caused by natural disasters, earthquakes, landslides, floods, wars, or other circumstances that are officially declared by the government.

BAB II
INTENT AND PURPOSE

Section 2

(1) This Regulation is intended as a guideline for the Commission to set up the terms of the Resettlement of State Losses in the Commission environment that the Leadership, Privy, Employees, and Other Parties are doing.
(2) The way the Country ' s Losses Resettlement is aimed at:
a. returns the State Loss that has occurred;
B.creating the State Finance Administration and the State-owned Goods; and
c. create the dxt-align: center;"> BAB XI
CLOSING PROVISIONS

Section 22

The rules of this Corruption Eradication Commission, come into effect on the date of the promulment.
So that everyone knows it, instruclate the Regulation of the Corruption Eradication Commission by its placement in the News of the Republic of the Republic of America. Indonesia.

Specified in Jakarta
on April 1, 2013
CHAIRMAN OF THE CORRUPTION ERADICATION COMMISSION
REPUBLIC OF INDONESIA,

ABRAHAM SAMAD


It is promulred in Jakarta
on 17 April 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN
to in paragraph (1) to the Leadership.
(3) The results of the Examination load include:
a. event fact description;
B. analysis of events;
C. conclusions;
D. Recommendation.
(4) If the Examination Results Report does not prove to be an act of infliting a State Loss, the Chairman issued a Decision of Liberation.
(5) If the results of the Examination Report are shown to be proven to be a result of a State Loss, the leadership of the charge is made to issue a decision.
(6) The Decree of the Imposition as referred to in paragraph (5) has the legal power to perform the warranty.
(7) The Chairman issued a Decision as referred to in paragraph (4) and/or (5) the longest 7 (seven) business days since the Results of the Examination were received.

Section 11

(1) To the Charging Decision as referred to in Article 10 of the paragraph (5), Check may submit an objection in writing to the Chairman accompanied by the slowest evidence 7 (7) of the work day since the receipt of the Decree A burden.
(2) Prior to issuing a decision on the objection as referred to in paragraph (1), the Chairman may request the Deputy Internal Oversight and Community Complaint, Secretary General, Director of Internal Oversight, Team Checker, and/or checked.
(3) In the most prolonged period of 10 (ten) business days since the request of objection is received, the Chairman must decide to accept or deny the objection.
(4) The decision against the Objection as referred to in paragraph (3) is final.
(5) The Secretary General carries out the procedure of the completion of the State Losses in a term of 7 (seven) days of work since the accession of the Chairman's decision as referred to in verse (3).

BAB VII
STATE LOSS RESOLUTION PROCEDURE
The Kesatu section
Common

Section 12

The resolution of the State Losses charged to the parties responsible for the State Losses can be implemented in the manner:
a. peaceful; or
B. Damages charges.

Second Part
The Settlement With The Peaceful Way

Section 13

(1) Completion in a peaceful manner is done by signing the SKTJM form on the General Secretariat.
(2) The SKTJM Form as referred to in paragraph (1) contains:
a. a statement of mischiiety and/or recognition that the State ' s Losses are accountable and willing to replace;
b.number of State Losses to be paid;
c. manner of payment in cash or reticing;
D. payment length of time; and
e. the submission of the warranty item whose value is greater than the value of the State Losses charged.
(3) The provisions as referred to in paragraph (2) of the letter e are excluded in terms of the settlement in a peaceful way done in cash.
(4) Responsible parties submit to the General Bureau Chief of the following:
a. the warranty item if warranted is the moving item;
B. proof of valid ownership of the warranted goods;
c. a power letter to sell warranted goods; and/or
D. A compensation for compensation.
(5) The Secretary General assigned the General Bureau to conduct the storage and management of documents and goods as referred to in paragraph (4) as well as the settlement of the State Loss.

Section 14

(1) The settlement with a peaceful manner done in cash is paid the slowest 7 (seven) workdays as long as SKTJM is signed.
(2) Completion in a peaceful manner that is carried out at most times the longest 24 (twenty-four) months of the year since SKTJM is signed.
(3) In terms of a settlement in a peaceful manner as referred to in paragraph (1) and (2) have passed the deadline then carried out the settlement by means of the Demands of Rugi.

Section 15

In terms of payment of Country Loss has been done in a peaceful manner, then the Chairman issued a Decision on the Extermination of the Loss and subsequent removal of the State Losses under applicable terms.

Third Part
Settlement By Means Of Indemnation Demands

Section 16

(1) The procedure of settlement by means of a Rugi Recharge is performed if:
a. The responsible party is not willing to sign SKTJM;
B. The responsible party does not complete its obligations under SKTJM; or
C. The leadership discharges the objection submitted by the Check as referred to in Article 11 of the paragraph (3).
(2) The Secretary General submits a request to the authorized Instancy to resolve the damages charges as referred to in paragraph (1) in accordance with the laws.

BAB VIII
THE REASON FOR THE COUNTRY ' S LOSS OF DAMAGES
Section 17

The change of State Losses can be done in terms of:
a. no evidence found enough to be done on the State Losses;
B. the presence of forced power (overtures) or kahar state (force majeure);
C. expires.

BAB IX
OTHER LAIN-CONDITIONS

Section 18

Demands of State Losses under these regulations do not abolish administrative and/or legal demands under laws.

Article 19

Liabilities of the leadership, advisors, employees, or other parties to pay for the Country's loss to expire if within 5 (5) years since the loss of the Country or 8 (eight) years since the State Losses not performed the Country ' s Loss Settlement efforts as referred to in Article 12 of the paragraph (1).

Article 20

(1) The Attachments in this Regulation constitute a single entity and an inseparable part of this Regulation.
(2) The attachment referred to in paragraph (1) consists of:
a. Appendix I:Form I Decision To Replace State Losses
B. Appendix II:Form II The Decree of the Liberation of State Loss
C. Attachment III:Form III Billed Letter
d. Attachment IV:Form IV The Responsible Statement of the Statement
e. Attachment V:Form V Repayment Decision on Demands Change Demands

BAB X
THE TRANSITION PROVISION

Section 21

All settlement over the events leading to the ongoing State Loss until the enactment of this Regulation then to the extent that the provisions may be enacted in this Regulation.