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Back NEWS of the REPUBLIC of INDONESIA No. 154, 2013 INSTITUTION PASSWORD State. The Loss Of The Country. Settlement. The Ordinance.
STATE PENITENTIARY REGULATIONS PASSWORD number 1 2013 ABOUT PROCEDURES of SETTLEMENT of LOSSES of STATE ENVIRONMENTAL AGENCIES in the PASSWORD STATE with the GRACE of GOD ALMIGHTY PENITENTIARY PASSWORD State, Considering: a. that until now has not been compiled and published the regulatory State Penitentiary Password which regulates the procedures of settlement of Losses of State environmental Agencies in the password State;
b. that based on considerations as referred to in letter a, the need to establish Regulations KepalaLembaga Password State Ordinance Settlement of Losses of State Environmental Agencies in the password State;
Remember: 1. Act No. 49 Prp. The 1960 State of Affairs Committee of accounts receivable (Gazette of the Republic of Indonesia Number 156 in 1960, an additional Sheet of the Republic of Indonesia Number 2063);
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 No. 14 of 2005 about the procedures for removal of country/Regional accounts receivable as modified by the Government Regulation Number 33 in 2006 (State Gazette of the Republic of Indonesia Number 31 in 2005, an additional Sheet of the Republic of Indonesia Number 4488);
6. Presidential Decree Number 103 in 2001 about the position, duties, functions, authorities, Organization of work and the Government Institution Non Departemensebagaimana has several times changed the last presidential regulation Number 64 in 2005;
7. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of the budget of the State Expenditures and Revenues as it has several times changed the last presidential regulation Number 53 in 2010;
8. Regulation of the Minister of finance Number 31/FMD. 07/2005 2005 about The filing of the proposal, research and Assignment of receivables the company's removal of the country/region and State/Regional accounts receivable;
9. Regulation of the Minister of finance Number 128/FMD. 06/2007 in 2007 about the management of accounts receivable of State as amended by regulation of the Minister of finance Number 88/FMD. 06/2009 Year 2009;
10. the Penitentiary Regulations Password State number OT. 001/PERKA 122/2007 in 2007 about the Organization and the work of the institutions of the State of the password;
DECIDED: Regulation: setting PASSWORD STATE PENITENTIARY on the PROCEDURES for the SETTLEMENT of the LOSS of STATE ENVIRONMENTAL AGENCIES in the PASSWORD State.
CHAPTER I GENERAL PROVISIONS article 1 in regulation this State Penitentiary Password is: 1. the civil servants Agency Password State is a civil servant, the prospective civil servant, a member of the Indonesia national army and/or Police Department Republic of Indonesia who work in the neighborhood Institution Password State.
2. The other party is any person other than the civil servants Agency Password State or legal entity bound by law with the password State because relationships work.
3. The Treasurer is all persons or entities who are tasked to and on behalf of the countries receive, store and pay/submit money or securities or goods of the country.
4. The country's Wealth is the wealth managed by yourself or any other party in the form of securities, accounts receivable, goods as well as other rights which can be assessed with the money including the wealth that separated at the company.
5. Accounts receivable State is the amount of money that must be paid to the Central Government and/or the right of the Central Government which can be assessed with the money as a result of agreements or other consequences based on the applicable legislation or other legal consequences.
6. The losses the State is short of cash, securities and valuables, a real and definite in number as a result of tort either deliberately or negligent.
7. the Repertory Demands further abbreviated TP is the calculation of the Ordinance against the Treasurer, if in a shortage of Treasury dealing.
8. Claims for damages which further abbreviated SE is a process claim against Negeribukan Clerk Treasurer, Treasurer, other officials and/or any party who has been designated to compensate for the loss of the State, with a view to demanding the replacement of a loss suffered by the State, as a result directly or indirectly from an act of violation of the law committed by concerned or negligence in the performance of duties and obligations.
9. Removal of the Conditional State of accounts receivable is the removal of the country from Government bookkeeping accounts receivable without eliminating the right charged state.
10. The elimination of Receivables Absolutely Countries is the removal of Rights charged state.
11. The absolute responsibility of the Affidavits hereinafter abbreviated to SKTJM is the affidavit of Negeribukan Employee's Treasurer, Treasurer, other officials and/or any party who has been designated to compensate for the loss of the State, which declared the ability and/or the recognition that the State Losses due to the Act of breaking the law or neglect their obligations and responsibilities to be willing to indemnify the State in question.
12. PenyelesaianKerugian the country's Peacefully is the completion of the Losses the State conducted its substitution by the offender either in cash or with mengangsur at the same time.
13. Completion of the Losses of the State by force was the settlement of the loss of the State done when the time limit is not met peace efforts or may not be retrieved SKTJM karenaBendahara Negeribukan, officials of the Treasury, other officials and/or any party who has been assigned to indemnify the State objected to sign SKTJM.
14. The State of Kahar is circumstances beyond human ability or power that causes no unsettled liabilities or obligations which resulted in the implementation of the recent incidence of KerugianNegara which include natural disasters, flood, plague, war (declared or undeclared), rebellion, insurrection, fire, robbery or theft which are not errors or omissions civil servants the institutions of the State Treasurer, not the Password and/or other parties.
15. Kadaluwarsaadalah period that caused suicide of right to do TP and/or SE against perpetrators of State Losses by not reducing the responsibilities of civil servants in question to the State, according to civil law.
16. oversight Attached is the supervision carried out by the direct supervisor.
17. The State Losses Settlement Team Password State Institutions hereinafter abbreviated TPKN is a team formed by the head of the Agency in charge of State Password to complete the country's Losses.
18. The beneficiary is the person who replaced the heir in his position against legacy, the right or obligation to entirely or partially.
19. The efforts of peace is a comprehensive settlement or voluntary, based on initial reports or reports preliminary results or reports the results of supervision.
20. The forced Attempt is the settlement of KerugianNegara through the TP and/or SE.
21. The responsible party is a Civil Institution instead of the State Treasurer, Passwords and/or other parties who are obliged to replace KerugianNegara.
CHAPTER II SCOPE article 2 (1) the scope of the resolution of the country's Losses include the completion of KerugianNegara committed by public servants of the institution of the State Treasurer is not a Password and/or other parties.
(2) settlement of KerugianNegara performed by the Treasurer refers to the Regulations of the Agency Financial Examiner number 3 in 2007 about the procedures for the settlement of Damages Against State Treasurer.
CHAPTER III DISCLOSURE and SETTLEMENT of LOSSES the State is considered the disclosure of Losses of State article 3 (1) the State Losses caused by: a. tort Civil Institution instead of the State Treasurer's password and/or other parties; or b. Circumstances Kahar.
(2) in tort Civil Institution instead of the State Treasurer's password as referred to in paragraph (1) letter a can be either: a. an abuse of authority;
f. raise prices;
g. changing the quality or quality;
h. money must be accounted for are not accounted for on time;
i. damage State-owned goods; and/or j. eliminate money or goods belonging to the State;
(3) the tort of another Party as referred to in paragraph (1) letter a can be either: a. increase the price too high on the basis of pemufakatan by the competent authority;
b. change the quality or the quality on the basis of pemufakatan by the competent authority;
c. do not keep their promises or tort;
d. delivery of goods that have been damaged because of his error; and/or e. remove the goods that legally are in control.
Article 4 (1) information over the alleged Losses of the country can be obtained from: a. the results of Supervision Attached;
b. functional apparatus surveillance results;
c. Financial Examiner Agency inspection results;
d. the results of the calculation of the ex-officio;
e. public complaints; and/or f. mass media.
(2) the information referred to in subsection (1) serve as the basis for the State Penitentiary Password in shaping TPKN.
The second part of Settling the State's Loss of article 5 (1) KerugianNegara Settlement is done through: a. Peace Efforts; or b. the effort force.
(2) settlement of KerugianNegara through the efforts of the peace referred to in paragraph (1) letter a does not immediately free the civil servants Agency Password State is not the Treasurer or other parties which proved to do acts that result in KerugianNegara of criminal prosecution and/or disciplinary punishment.
(3) settlement of KerugianNegara through the efforts of Force as referred to in paragraph (1) letter b be implemented if Peace Efforts do not succeed.
Article 6 (1) in the case of settlement of Losses the country has passed the Expiration period, the settlement of KerugianNegara was carried out in accordance with the law of civil liability.
(2) in case there are elements of a criminal offence, the completion of the country's Losses are implemented in accordance with the law of criminal procedure.
Article 7 (1) the replacement of the KerugianNegara in the form of money must be deposited into the State Treasury.
(2) the replacement of the KerugianNegara in the form of items converted in the form of money whose value is assigned based on the market price at the time of the occurrence of the loss or damage.
CHAPTER IV State LOSS SETTLEMENT TEAM Union Membership arrangement of article 8 (1) TPKN formed by Penitentiary Password State.
(2) the membership makeup of TPKN consists of: a. the principal Secretaries or officials who have the task of coordinating the planning, construction, and control of programs, administration, and resources in the lingkunganLembaga Password State as Chairman;
b. head of Directorate Persandian Control or the officials who have the task of implementing the policy formulation in the field of the control persandian as Vice Chairman;
c. Inspector or pejabatyang have the task of carrying out the scrutiny against the execution of tasks in the Environment Agency's password Negarasebagai Secretary;
d. General Bureau Chief or officials who have the task of carrying out the management of the Affairs of the Administration and the room password, kerumahtanggaan, supplies, and finances as a Member;
e. head of Staffing or officials who have the task of carrying out the management of the Affairs of the civil service as a Member;
f. Head Gear or officials who have the task of carrying out the Affairs of the equipment as a Member;
g. head of Sub Directorate of Materiel Control Net Password or Communications officialdom that has the task of carrying out the preparation of policy formulation in the field of material loss and Net Communication Passwords as members; and h. the Secretariat.
(3) the order of membership TPKN as mentioned on paragraph (2) are defined by the head of the Institution the password State.
(4) the membership of the Secretariat as referred to in paragraph (2) letter of hberada under the Inspectorate.
The second part of the task and function of TPKN article 9 (1) TPKN helps Penitentiary settlement in processing Country Password KerugianNegara Password in the institutions of the State.
(2) in carrying out the tasks referred to in paragraph (1), the function of organizing: a TPKN. inventory of accepted KerugianNegara cases;
b. verify the evidence supporting that civil servants of the institution of the State Treasurer, not the Password and/or other parties had done in tort either deliberate or negligent resulting in KerugianNegara;
c. calculate the number of KerugianNegara;
d. set the proposals of the parties responsible for the KerugianNegara;
e. completing KerugianNegara through the efforts of peace or Forced Efforts; and f. convey the proposed imposition of assignment to replace KerugianNegara replace KerugianNegara the imposition or removal. (3) KerugianNegara in the list of records TPKN KerugianNegara.
(4) a list of the country's Losses as referred to in paragraph (3) are listed in Annex IPeraturan the country's Penitentiary Password which is part an integral part of the Penitentiary Regulations Password of this country.
Pasal10 (1) if deemed necessary, the Chairman may establish TPKN TPKN Ad Hoc to finish a work unit surroundings KerugianNegara Password State Institutions or the organisers of persandian in institutions other than State Agencies Password.
(2) Ad Hoc TPKN referred to in subsection (1) do the data collection and verification of documents or KerugianNegara based on the assignment of Chief TPKN.
CHAPTER v. SETTLEMENT of LOSSES of STATE through the EFFORTS of PEACE article 11 (1) completion of the KerugianNegara through the efforts of Peace can be done by cash or diangsur.
(2) settlement of KerugianNegara by way of cash as referred to in paragraph (1) was carried out at least 40 (forty) working days counted since SKTJM was signed.
(3) settlement of KerugianNegara by way of diangsur as referred to in paragraph (1) was carried out at least 24 (twenty-four) months counted since SKTJM was signed.
(4) in the event of settlement KerugianNegara by way of diangsur as mentioned in subsection (3) exceeds the specified time then TPKN can do sales collateral through the auction procedure in the country.
Article 12 (1) SKTJM referred to in article 11 paragraph (2) and paragraph (3) at least contain: a. a statement of willingness and/or recognition that KerugianNegara became his responsibility and is willing to change;
b. the number of KerugianNegara to be paid;
c. how the replacement of cash or mengangsur;
d. period of payment;
e. a statement of delivery guarantee whose value is estimated to be able to cover KerugianNegara;
f. the place and the date of the letter; and g. the signatures of the responsible party, pengampu, or Heirs and known by the head of the unit of work and/or the related officials.
(2) the Format of the SKTJM referred to in paragraph (1) are listed in Annex IIPeraturan the country's Penitentiary Password which is part an integral part of the Penitentiary Regulations Password of this country.
(3) the Format of the statement delivery guarantee whose value is estimated to be able to cover the losses of Negarasebagaimana referred to in paragraph (1) letter e listed in Annex IIIPeraturan Password iniyang State Penitentiary is a part is inseparable from the Rule of State Penitentiary Password.
CHAPTER VI STATE LOSS SETTLEMENT FORCED through the EFFORTS of Article 13 (1) the resolution of the State through the efforts of the forced Loss if: a. the password State Institutions civil servants instead of Treasurer and/or other parties is not willing to sign SKTJM; or b. pass the time limit of 24 (twenty-four) months from the signing of the SKTJM institution of civil servants, the State Treasurer, not the Password and/or other parties have not yet returned the entire Losses of the State.
(2) settlement of Losses Forced through the efforts of Countries as referred to in paragraph (1), the head of the institution of the State issuing the Decree Password imposition of Temporary Replacement as the basis for implementing the sita guarantee.
(3) the Format of the decision letter of the imposition of a temporary Replacement as referred to in paragraph (2) are listed in Annex IV of the regulation the Agency Head Password of this country that is part of an integral part of the regulation of the country's Penitentiary Password.
(4) in the event of the imposition of a temporary replacement of the Decree referred to in subsection (2) has been received, the responsible party is given the opportunity of filing an objection or defense yourself in writing.
(5) an objection or defense yourself in writing as referred to in paragraph (4) be filed at least 14 (fourteen) days from the receipt of the notice to be able to propose self-defense.
(6) the Format of the notice referred to in subsection (5) are listed in Annex V of the rules of this country's Penitentiary Password which is part is inseparable from the Rule of State Penitentiary Password.
(7) in the event that the responsible party as referred to in subsection (4) does not file an objection or self-defense within 14 (fourteen) days or objections or self-defense is rejected, the head of the institution of the State issuing the Decree Password Assignment Demands the imposition of punitive damages.
(8) Decision Letter Format Designation Imposition Demands punitive damages referred to in subsection (7) are listed in Annex VI of the regulation the Agency Head Password of this country that is part of an integral part of the regulation of the country's Penitentiary Password.
(9) in the case of filing an objection or defense yourself as referred to in paragraph (4) is received, the head of the institution of the State issuing the Decree Password Review.
CHAPTER VII SETTLEMENT of LOSSES of STATE BECAUSE the STATE of KAHAR clause 14 in terms of KerugianNegara caused by circumstances Kahar as stipulated in article 3 paragraph (1) letter b, the head of the institution of the State asking Password petition for consideration of deletion KerugianNegara to: a. the Chairman of the Financial Examiner if KerugianNegara form of money that is controlled by the Treasurer; and/or b. the Minister of finance through the Director General of the country's Wealth if KerugianNegara in the form of a State-owned Goods.
CHAPTER VIII ELIMINATION of LOSSES of STATE Considered the country's Debt Elimination Begian Article 15 (1) Receivables of the State can be eliminated in a conditional or absolute from the bookkeeping Institution Password State, unless the State Receivables concerning how the settlement is regulated individually in the legislation.
(2) the State Receivables eliminated conditional referred to padaayat (1) was carried out after the set up as accounts receivable of State While not yet Billed and the existence of conditional removal recommendations from the Financial Examiner.
(3) the State abolished the Receivables absolutely referred to padaayat (1) was carried out on the condition that: a. the proposed after 2 (two) years from the date of the determination of conditional removal; and b. the inability of the insurer's debt to complete its obligations which is proven by affidavits from the competent authority.
Article 16 in carrying out removal of the conditional State of the accounts receivable as referred to in article 15 paragraph (2), the head of the institution of the country apply for Password removal of accounts receivable to the Director General of the country's Wealth of State Ministry of finance with the attach: a. the nominative list;
b. mail accounts receivable State While not yet Billed; and c. a recommendation conditional removal from the body of the Financial Examiner.
Article 17 in carrying out removal of Receivables absolutely Country as stipulated in article 15 paragraph (3), the head of the institution of the country apply for Password removal Receivables absolutely State to the Minister of finance through the Director General of the country's Wealth by attaching: a. the nominative list;
b. letter of determination removal conditional receivables that are proposed to be abolished in absolute; and c. the certificate's inability to complete its debt insurer of an authorized officer.
The second part of article 18 Expiry of liability to replacing KerugianNegara be Expired when within 5 (five) years since he knew KerugianNegara or within 8 (eight) years from the occurrence of the KerugianNegara not done prosecution damages.
CHAPTER IX article 19 Rules COVER PROVISIONS of the Penitentiary Password this country took effect on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of regulations the Agency Head Password of this country with its placement in the news of the Republic of Indonesia.
Established in Jakarta on 23 January 2013 the PASSWORD STATE PENITENTIARY, DJOKO SETIADI Enacted in Jakarta on 25 January 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();
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