Regulation Of The Minister Of Finance Number 132/fmd. 01/2012 Year 2012

Original Language Title: Peraturan Menteri Keuangan Nomor 132/PMK.01/2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c513fad5260c016313233343137.html

BN 792-2012. doc REPUBLIC INDONESIA No. 792, 2012 the MINISTRY of finance. The service. Public Information. The guidelines. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 132/FMD. 01/2012 ABOUT the GUIDELINES of PUBLIC INFORMATION SERVICE in the ENVIRONMENT of the MINISTRY of FINANCE with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: that has been the establishment and Government Regulation Number 61 in 2010 on the implementation of Act No. 14 of 2008 about the openness of public information, the need to establish Regulations the Minister of Finance on guidelines for the public information Service in the environment of the Ministry of finance; Remember: 1. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic of Indonesia Number 4846); 2. Government Regulation Number 61 in 2010 on the implementation of Act No. 14 of 2008 About the openness of public information (State Gazette of the Republic of Indonesia Number 99 Numbers in 2010, an additional Sheet of the Republic of Indonesia Number 5149); www.djpp.depkumham.go.id 2012, no. 792 2 3. Regulation of the Minister of finance Number on 195/FMD. 0 1/2010 about the Organization and the work of the Ministry of Finance; Decide: Define: REGULATION Of The MINISTER Of FINANCE On GUIDELINES For The PUBLIC INFORMATION SERVICE In The ENVIRONMENT Of The MINISTRY Of Finance. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Public information is information generated, stored, managed, delivered, and/or accepted by the Ministry of finance with regard to the organisers and the Organization of the State and/or providers and conducting other public body in accordance with the legislation on the openness of public information as well as other information relating to the public interest. 2. A public body is an Executive, legislative, judiciary, and other body functions and substantially the duties relating to the conduct of the State, that some or all of their funds from the budget of the State expenditures and revenues and/or budget revenues and shopping districts, or governmental organizations along part or all of their funds from the budget of the State expenditures and revenues and/or budget revenue and spending areas , community contributions, and/or abroad. 3. Information and documentation Manager Officials hereinafter abbreviated PPID is the responsible officials in the field of storage, documentation, provision of, and/or Public information service in the environment of the Ministry of finance. 4. Tops the PPID is the direct supervisor of officials which is the PPID. 5. A list of public information is a record that contains information about the whole systematic public information which is under the Dominion of a public body, not including information excepted. 6. Public information Users are individuals, groups of persons, legal entities, and the public body that uses the public information referred to in the regulation of the Minister. www.djpp.depkumham.go.id 2012, no. 792 3 7. The applicant's public information is a citizen of Indonesia and/or legal entities that have requested Indonesia public information as set forth in the regulations of the Minister. 8. Consequences of Testing is testing about the consequences arising if a public information given to the public to consider carefully that shut down public information can protect a larger importance than open or otherwise. 9. Public Information Which is public information as information assignment who are excluded on the basis of the law on Public information disclosure. 10. Public information Disputes are disputes occurred between the Ministry of finance as a public body and users of public information relating to the rights of acquiring and using the information of the public on the basis of legislation. 11. the Minister is the Minister of finance. CHAPTER II the PURPOSE of article 2 of the Ministerial Regulation aims to: a. be a guideline to all parties associated with the public information and documentation in the environment of the Ministry of finance, PPID, and tops the PPID in the environment of the Ministry of finance, as well as the applicant's public information; and b. ensure attainment of organizing Public information disclosure as set forth in the legislation in the field of Public information disclosure. CHAPTER III the PPID is considered part of the determination of the PPID of article 3 (1) the Minister establishes the PPID and coordinator of the PPID in the Environment Ministry of finance. (2) the PPID and coordinator of the PPID as referred to in paragraph 1 is acting Echelon II: provision and/or public information services and/or PR at each Echelon I. www.djpp.depkumham.go.id 2012, no. 792 4 part two Responsibilities, duties, and powers the PPID article 4 (1) the PPID are accountable to Superiors the PPID. (2) Tops the PPID is responsible to the Minister. (3) the PPID have responsibility for provisioning, storage, documentation, services, security and public information. (4) in carrying out the responsibility referred to in subsection (3), PPID tasked: a. determination of the operational procedures in the framework of the implementation of tasks and authorities of the PPID; b. testing the consequences against public information which is not accessible to the applicant as outlined in the public information Act, or the so-called public information are excluded; c. determination of the classification of public information are excluded and/or will with the approval of Superiors PPID; d. consideration of a written assignment of any policy that is taken to meet each person's rights over public information; e. public information penghitaman or obscuration is excluded along with reason; f. the creation, maintenance, and/or upgrade the list public information periodically; g. pengkoordinasian in order to: 1) gathering all the information of the public at each Echelon I place the PPID, which include; a) public information that must be provided and announced periodically; b) public information must necessarily be promulgated; c) public information that must be available at all times; Public information and d) are excluded; 2) awarding a public information service is carried out in accordance with the provisions of the legislation; 3) logging by the public information unit of the masingmasing Echelon I place the PPID served, in order to manufacture www.djpp.depkumham.go.id 2012, no. 792 5 and updates a list of public information as the format listed in Annex I which is part an integral part of this Ministerial Regulation; 4) capacity development of functional and/or official information officer in order to improve the quality of public information service; and 5) the giving of a written excuse upon the exclusion of public information clearly and emphatically, in terms of public information application rejected; h. public information service report submission to Superiors PPID every month and to the Coordinator of the PPID on each of January next fiscal year and/or if needed, including: 1) the amount of public information requests received; 2) take the PPID in fulfilling every request public information; 3) amount of the grant and the denial of request for public information; and/or 4) reason for denial of a public information request. Article 5 in carrying out the responsibilities and duties as stipulated in article 4, the PPID is assisted by officials of the functional and/or information officer appointed and/or appointed by their respective Superiors PPID. Article 6 in the discharge of responsibilities and tasks as referred to in article 4, the PPID is authorized: a. refuse the application for public information in writing when the public information requested includes information the public is excluded and/or confidential, with accompanying reasons and notice of rights and procedures for public information to file Applicant objected to the refusal; and b. commissioned officer functional and/or information officer as referred to in article 5 to create, maintain, and/or update a list of public information periodically. www.djpp.depkumham.go.id 2012, no. 792 6 third section Coordinator PPID article 7 (1) the Coordinator of the PPID in the Environment Ministry of finance i.e. PPID on the unit of the Secretariat-General. (2) the Coordinator of the PPID on duty: a. do the harmonization, coordination, and facilitation of the PPID in the Environment Ministry of finance; and b. submit a report to the Commission the annual service of the information and a copy of the report to the Minister the annual service through the Secretary-General. CHAPTER IV PUBLIC INFORMATION that MUST BE PROVIDED and ANNOUNCED the first public information that must be provided and Announced Periodically to article 8 (1) is public information that must be provided and announced periodically include: a. public information related to the unit of Echelon I; b. public information on the activities and performance of the unit echelons I; c. public information regarding the financial statements audited; and/or d. public information other laws set forth in the invitation. (2) the obligation of providing and delivering public information referred to in subsection (1) done at least 1 (one) time in 6 (six) months. The second part of Public Information must necessarily be Promulgated article 9 public information that must be promulgated immediately include public information that may threaten his life crowds and public order www.djpp.depkumham.go.id


2012, no. 792 7 third section public information that must be Available at any time of article 10 (1) is public information that must be available at all times include: a. a list of public information which is under the Dominion of Echelon unit I, not including public information are excluded; b. results of the decision and the reasoning I Echelon unit; c. throughout the following existing policy documents of his supporters; d. project work plan includes an estimated annualized unit echelons I; e. Treaty unit echelons I with third parties, except that votes are confidential; f. public information and policy delivered public officials in meetings that are open to the public; g. work procedure employee unit echelons I relating to community service; and h. report of the Ministry of public access to information as set forth in the regulations of the Minister. (2) public information which has been declared open to the public based on the mechanism of objections and/or dispute resolution public information which has been declared as public information that can be accessed by users of public information. Chapter V PUBLIC INFORMATION EXCLUDED article 11 public information are excluded include: a. public information are excluded as provided for in the regulations; and/or b. other public Information by criteria: 1. not included in the public information referred to in article 8, article 9, and article 10; 2. has not been established by the competent authority 3. votes are confidential; and/or 4. still in the review process. www.djpp.depkumham.go.id 2012, no. 792 8 article 12 (1) in which public information created by PPID based on Testing the consequences carefully and full precision before certain public information stated are excluded to be accessed by any person. (2) which particular public information referred to in subsection (1) are defined by the PPID upon approval of superiors PPID. Article 13 (1) which particular public information referred to in article 12 set forth in the form of a letter of determination of classification. (2) a letter of determination of the classification referred to in paragraph (1) contains at least: a. the type of classification of public information are excluded; b. the identity of the PPID that set; c. work unit PPID who set; d. the period of exclusion; e. reasons exception; and f. the place and date of the determination. CHAPTER VI the STANDARDS of MANAGEMENT, services, PUBLIC INFORMATION and DOCUMENTATION Section 14 Standard management, services, public information and documentation was done by means of: a. do the compilation and provision of Public Information in accordance with the provisions of the legislation; b. provide and announced a web-based public information and other media in accordance with the provisions of laws-the invitation; c. store and conduct public information security; d. setting up the facilities and infrastructure that support the implementation of the public information and documentation management; and e. Drawing up standard operating procedures management, services, public information and documentation. www.djpp.depkumham.go.id 2012, no. 792 9 CHAPTER VII MECHANISMS for OBTAINING PUBLIC INFORMATION Article 15 (1) an application for obtaining public information can be done in writing or not writing. (2) in the case of the petition submitted in writing, the applicant Informed the public: a. public information request form format as listed in annex II which are part an integral part of this Ministerial Regulation; and b. pay the cost of the copies and/or delivery of public information where necessary. (3) in the case of the petition filed by written, PPID ensure application public information recorded in a public information request form. Article 16 (1) compulsory registration of application for coordinating the PPID Information of the public in the register public information as application formats that are listed in Annex III which is an integral part of part of the regulation of the Minister. (2) compulsory PPID ensure public information request form has been granted registration number as proof of application for public information, submitted to the applicant the information publicly. (3) compulsory PPID ensure they provide registration number at the time the application is received and expressed complete requirement, in which case the petition for public information made through the electronic mail or the applicant public information coming directly. (4) ensure mandatory registration number PPID is sent to the applicant the information public at the time the petition is accepted and expressed complete requirement, in which case the petition for public information was conducted by mail, facsimile or any other means which do not allow to provide the registration number directly. (5) the registration number referred to in paragraph (4), can be given simultaneously with the written notice or at the time of the delivery of public information. (6) the PPID is obligated to keep a copy of the public information request form has been granted registration number as proof of application for public information. www.djpp.depkumham.go.id 2012, no. 792 10 article 17 (1) in case the applicant public information intend to see and know the public information, PPID: a. provide access to Applicant Information the public to see, read, and/or check the public information that appealed in place are adequate; b. provide written reasons if the application for public information was denied in accordance with regulation perundangundangan; and c. provide an explanation regarding the procedures for filing an objection with the form if desired Applicant Information public. (2) in case the applicant public information asked for copies of public information, mandatory PPID coordinate and make sure that: a. the applicant Information the public has access to view, read, and/or check the Public Information requested in place are adequate; b. the applicant public information to get a copy of Public Information as needed; c. There is a written excuse when public information application rejected; and d. There is a description of the procedures for filing an objection with the form if desired Applicant Information public. (3) the petitioner ensure PPID Information of the public referred to in paragraph (1) and paragraph (2) assisted in meeting the mechanism referred to in Article 15. (4) the applicant is obligated to ensure the PPID petition public information referred to in subsection (1) and paragraph (2) is recorded in the register book of the petition public information referred to in article 16. Article 18 (1) of the applicant's application for public information, deliver written notice of the PPID can or not possible the Ministry of finance gives the answer as the format listed in Annex IV that is part an integral part of the regulation of the Minister. (2) the written notice referred to in subsection (1) is submitted at least 10 (ten) working days since the applicant's application for public information received the PPID. www.djpp.depkumham.go.id 2012, no. 792 11 (3) in terms of public information that appealed could be given either in part or in whole, for Public Information to be delivered simultaneously with the written notice referred to in subsection (2). (4) in the case of application for public information is denied, the written notice delivered a mandatory PPID concurrently with the decision letter of the PPID of the refusal of the application for Information as the example listed in Annex V which are part an integral part of the regulation of the Minister. (5) in the event that the PPID can not deliver written notice within the period referred to in subsection (2), PPID can request an extension within 7 (seven) working days and can not be extended again. (6) extension of time as referred to in paragraph (6) may be made in terms of the PPID have not: a. master public information that appealed; b. documenting public information that appealed; and/or c. decide if Public Information public information included petitioned are excluded. CHAPTER VIII the OBJECTION is considered Part of the basic Objection article 19 Each Applicant may submit objection to public information in terms of: a. is not the availability of public information regularly; b. not ditanggapinya public information requests; c. public information requests addressed not as requested; d. not fulfillment of public information requests; and/or e. public information delivery that exceed the time set in the regulation of the Minister. www.djpp.depkumham.go.id


2012, no. 792 12 Objection Procedures of the second part of article 20 (1) the objections raised by the applicant public information within a period of at least thirty (30) working days after the discovery of the reasons referred to in article 19. (2) objection Submission done by filling out the form filing objections as the format listed in Annex VI which is part an integral part of the regulation of the Minister. (3) the applicant's objection to public information submitted to Superiors the PPID. (4) the mandatory filing of objection record the PPID in the book register objections as the format listed in Annex VII is part an integral part of the regulation of the Minister. (5) the Supervisor PPID required to provide comments on the objections submitted by the applicant for Public Information at the latest 30 (thirty) working days since submission of the objection were chronicled in the book the register an objection. Article 21 (1) in the event of a dispute, tops public information the PPID can present in public information dispute resolution with accompanied by: a. Officers on the unit in charge of giving the Echelon II legal aid/legal/regulatory issues handled at each Echelon I; and/or b. a Echelon II unit officials in charge of providing legal assistance in the Secretariat-General. (2) in the framework of the dispute settlement, tops public information through a special power of attorney the PPID can give you the power to: a. the PPID; b. Officials at Echelon II related units; c. Officials in Echelon unit II in charge of providing legal aid/legal/regulatory issues handled at each Echelon I; and/or d. Echelon unit officials who give you legal assistance at the Secretariat-General. www.djpp.depkumham.go.id 2012, no. 792 13 part three comments on the Objections section 22 in respect of the applicant who filed the objection to Public Information are not satisfied with the decision of the Supervisor the PPID, applicant Information the public has the right to apply dispute resolution Information to the Commission's Public Information Centre at least fourteen (14) working days since the receipt of the decision of the Supervisor the PPID. The fourth part of article 23 Funding of all financing in the implementation of the tasks of the Coordinator or PPID PPID charged to Budgetary Implementation Checklist masingmasing unit echelons I place the PPID or PPID Coordinator on duty. 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 these Regulations the Minister of finance with its placement in the news of the Republic of Indonesia. Established in Jakarta on 8 August 2012, MINISTER of FINANCE of REPUBLIC of INDONESIA, AGUS MARTOWARDOJO D.W. Enacted in Jakarta on 8 August 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id