Regulation Of The Minister Of Finance Number 137/fmd. 07/2012 Year 2012

Original Language Title: Peraturan Menteri Keuangan Nomor 137/PMK.07/2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51409d9c10a891313233343138.html

BN 852-2012. doc REPUBLIC INDONESIA No. 852, 2012 the MINISTRY of finance. A GRANT. Maximum Limit. The deficit. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 137/FMD. 07/2012 ABOUT the MAXIMUM BUDGET DEFICIT LIMITS REVENUE and SHOPPING DISTRICTS and the CUMULATIVE MAXIMUM LOAN LIMIT AREA FISCAL YEAR 2013 with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 7 the Government Regulation Number 23 in 2003 about the cumulative amount of budget deficit Control of income and Expenditure of the State, and the budget of income and Expenditure Area the cumulative number of Loans, and the Central Government and local governments, section 106 subsection (2) the Government Regulation Number 58 in 2005 about the financial management area, and article 7 paragraph (1) the Government Regulation number 30 in 2011 about Lending areas, the need to set a Limit on Finance Minister's regulation of Maximum revenue and Expenditures budget deficits and Limit the maximum Cumulative Lending Area fiscal year 2013; Remember: 1. Government Regulation Number 23 in 2003 about the cumulative amount of budget deficit Control of income and Expenditure of the State, and the budget of income and Expenditure Area, as well as the number of www.djpp.depkumham.go.id 2012, no. 852 2 Cumulative Lending to the Central Government and local governments (State Gazette of the Republic of Indonesia Number 48 in 2003, an additional Sheet of the Republic of Indonesia Number 4287); 2. Government Regulation Number 58 in 2005 about the financial management area (State Gazette of the Republic of Indonesia Number 140 in 2005, an additional Sheet of the Republic of Indonesia Number 4578); 3. Government Regulation number 30 in 2011 about the Loans area (Gazette of the Republic of Indonesia Number 59 in 2011, an additional Sheet of the Republic of Indonesia Number 1859); 4. Presidential Decree Number 56/P in 2010; Decide: define: REGULATION of the MINISTER of FINANCE ABOUT the MAXIMUM BUDGET DEFICIT LIMITS REVENUE and SHOPPING DISTRICTS and the CUMULATIVE MAXIMUM LOAN LIMIT AREA FISCAL YEAR 2013. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. the autonomous regions is hereinafter referred to as the unity of Community law which has territorial boundaries are authorized to organize and administer the Affairs of Government and the interests of the local community according to its own initiative on the basis of the aspirations of the community in the system of unitary State of the Republic of Indonesia. 2. Local Government is the Governor, Governor, or mayor, and other areas as the organizer of local governance. 3. Budget revenue and Spending areas further abbreviated annual financial plan is to GRANT local governance was discussed and approved by the local authorities and Representatives of the area and established with local regulations. 4. Limit Maximum Cumulative Deficit BUDGETS deficit is the sum of the entire NATIONAL budget in a given year. 5. The income of the region is a recognized right of local governments to supplement the value of net worth. 6. Shopping Area are all duty areas that are recognized as deduction on the value of net worth. www.djpp.depkumham.go.id 2012, no. 852 3 7. BUDGETS deficit is the difference between income less area and shopping districts in the same fiscal year. 8. Surplus BUDGETS is more difference between the income of the area and shopping districts in the same fiscal year. 9. the gross domestic product GDP is the total value of the abbreviated end the entire goods and services produced in Indonesia in a given year are calculated according to market prices. 10. Limit Maximum Cumulative Lending area is the total amount of the loan the whole area up to a particular fiscal year. 11. the Lending Area is all transactions which resulted in the region received a sum of money or receive benefits worth the money from other parties so that the region bears the obligation to repay. CHAPTER II the MAXIMUM LIMIT of DEFICIT BUDGETS article 2 (1) Limits the maximum Cumulative Deficit BUDGETS fiscal year 2013 set of 0.5% (zero comma five per cent) of GDP projections for the fiscal year 2013. (2) GDP Projections as referred to in paragraph (1) the GDP projection is used in the preparation of the budget of the State Expenditures and revenues of the fiscal year 2013. Article 3 (1) Indicative limit of a maximum Deficit BUDGETS fiscal year 2013 for each Area defined 6% (six percent) of the estimated Revenue of the regional fiscal year 2013. (2) the maximum limit of the Indicative BUDGETS Deficits each Area referred to in paragraph (1) be a local government guidelines in order to establish NATIONAL fiscal year 2013. CHAPTER III the MAXIMUM CUMULATIVE LOAN LIMITS the AREA of article 4 (1) Cumulative Maximum Loan Limit the area that is still a Regional obligation until fiscal year 2013 set of 0.35% (zero comma thirty-five per cent) of GDP projections as referred to in article 2 paragraph (1). www.djpp.depkumham.go.id 2012, no. 852 (2) Lending Area referred to in subsection (1) includes loans that are forwarded into a loan, a grant, and/or investment capital to the Enterprises of the region. CHAPTER IV CONTROL of DEFICIT BUDGETS article 5 (1) local governments may have budgeted Deficit BUDGETS or Surplus BUDGETS. (2) in order to control the deficit BUDGETS or Surplus BUDGETS, local authorities have budgeted: a. magnitude of the deficit BUDGETS equal to the difference between the receipt of more financing and financing expenditures; or b. the quantity of Surplus BUDGETS equal to the difference between the receipt of financing and less expenditure financing. Article 6 (1) local Government reported the deficit plan BUDGETS and their explanation to the Minister of finance in particular the Director General Finance Equalization GRANT set. (2) the Format of the report a plan Deficit BUDGETS referred to in subsection (1) are listed in Annex I which is part an integral part of the regulation of the Minister. Article 7 (1) in terms of Deficit BUDGETS plan referred to in article 6 paragraph (1) will be closed partly or entirely from lending areas and/or sale of a wealth of areas that are separated, the BUDGETS Deficits must get approval from Director General of Financial Equalization on behalf of the Minister of finance. (2) the approval of the Director General of Financial Equalization on behalf of the Minister of finance for the plan the deficit BUDGETS which will be closed partly or entirely from Loans given on the basis of an assessment of the area, as follows: a. Maximum limit of Cumulative Deficit BUDGETS referred to in article 2 paragraph (1) are not exceeded; b. Limit the maximum Cumulative Lending Areas referred to in article 4 paragraph (1) are not exceeded; c. the last local government financial reports audited obtain Reasonable opinion With Exceptions or Fair Without exception; www.djpp.depkumham.go.id 2012, no. 852 5 d. the amount of the remaining loan Area plus the loan amount will be withdrawn does not exceed 75% (seventy five percent) of the amount of the previous year's public acceptance of a GRANT; and e. the ratio of regional financial capability to return the loans (Debt Service Coverage Ratio/DSCR) at least 2.5 (two comma five). (3) the approval of the Director General of Financial Equalization on behalf of the Minister of finance for the plan the deficit BUDGETS that will partially or completely closed from the sale of the wealth of the area that separated, given all the cumulative Maximum limit of Deficit BUDGETS referred to in article 2 paragraph (1) are not exceeded and pay attention to the following matters: a. the business wealth area are separated; and b. capital structure the wealth area are separated. Article 8 Procedure of application for approval of a plan of Deficit BUDGETS which will be closed partly or entirely from Loan sales and/or Regional wealth areas separated as stipulated in article 7 paragraph (1) is done with the following conditions: a. Governor-general, Governor, or Mayor submits application for approval to the Minister of finance in particular the Director-General of Financial Equalization with copy of the petition is submitted to the Minister of the Interior in particular the Director General of the Finance area. b. in the event that the application for approval submitted by the Regent or mayor, effluent application submitted to the Governor. c. Format of application for approval are listed in annex II which are part an integral part of the regulation of the Minister. d. submission of petition approval as referred to in letter a are performed at least 1 (one) month before the draft local regulations concerning NATIONAL or Regional Regulations concerning the Draft BUDGETS of the changes submitted to be evaluated. e. in the event that a plan Deficit BUDGETS will be closed partly or entirely from the loan approval application areas, as stated on the letter a load plan activities that will be financed from the Loan area, with attached with the following documents: 1. the financial report of the Government of the area 3 (three) years that has been established with local regulations; www.djpp.depkumham.go.id


2012, no. 883 6 2. A draft summary of a GRANT or a GRANT Summary Draft changes to the fiscal year 2013; 3. The calculation of the remaining loan Area plus the loan amount will be withdrawn does not exceed 75% (seventy five percent) of the amount of the previous year's public acceptance of a GRANT; and 4. Calculation of the ratio of the financial ability of the region to restore loans (Debt Service Coverage Ratio/DSCR). f. Documents as stated on the letter e number 3 and number 4, compiled using the format as listed in Annex III which is part an integral part of this Ministerial Regulation g. in terms of Deficit BUDGETS plans will be closed partly or entirely from the sale of the wealth of the region separated, requests for approval as mentioned in the enclosed letter a document as follows: 1. the financial report of the Government of the area 3 (three) years that has been established with local regulations; 2. The draft summary of the GRANT or a GRANT Summary Draft changes to the fiscal year 2013; and 3. The Governor's statement, Regent, or Mayor regarding business and capital structure before and after the sale of the wealth area are separated. Article 9 (1) the Director General of Financial Equalization on behalf of the Minister of finance gives approval or rejection of the application for a GRANT over the deficit plan which will be closed partly or entirely from the loan based on the assessment of Areas referred to in article 7 paragraph (2). (2) the Director General of Financial Equalization on behalf of the Minister of finance gives approval or rejection of the plan the deficit BUDGETS solicitation that will partially or completely closed from the sale of the wealth of the region which are separated on the basis of the assessment referred to in article 7 paragraph (3). (3) in case a plan Deficit BUDGETS will be closed partly or entirely from the area of Loan proceeds from the forwarding loans abroad, other local authorities, financial institutions, banks and financial institutions is not a bank, the approval or rejection of Financial Equalization Director General on behalf of the Minister of finance given by first asking for consideration of the Minister of the Interior in particular the Director General of the Finance area. www.djpp.depkumham.go.id 2012, no. 852 (4) consideration of the Requests referred to in paragraph (3) enclosed with the documents referred to in article 8 of the letter e. (5) the Director General of the Finance Area on behalf of the Minister of the Interior conveyed the consideration referred to in subsection (3) in the waktu10 (ten) working days after receipt of the letter of request consideration of Financial Equalization Director General on behalf of the Minister of finance. (6) in the case of regional Finance Director General on behalf of the Minister of the Interior did not convey consideration within the period referred to in subsection (5), the Director General of Financial Equalization on behalf of the Minister of finance gives approval or rejection of the application for the deficit over a GRANT referred to in subsection (1). (7) the approval referred to in subsection (1) and paragraph (2) is given by the Director General of Financial Equalization on behalf of the Minister of finance the longest 20 (twenty) working days after the statement of the Governor, Governor, or mayor, along with the documents referred to in article 8 of the letter e and the letter g is received in full. Article 10 approval of Financial Equalization Director General on behalf of the Minister of finance as stipulated in article 9 becomes the document required in the evaluation process of the draft local regulations about a GRANT or an evaluation of the draft local regulations about NATIONAL change. CHAPTER v. CONSIDERATION OF REGIONAL LENDING PLAN article 11 (1) the Governor delivered a medium-term Loan plan or long term loans sourced from forwarding loans abroad, other local authorities, financial institutions, banks and financial institutions is not a bank to the Ministry of the Interior to merit consideration. (2) the Regent or Mayor delivered a medium-term Loan plan or long term loans sourced from forwarding loans abroad, other local authorities, financial institutions, banks and financial institutions is not a bank to the Ministry of the Interior to get consideration and tembusannya delivered to the Governor. www.djpp.depkumham.go.id 2012, no. 852 8 (3) the submission referred to in subsection (1) and paragraph (2) at least attach: a. Approval of the regional House of representatives over a plan Loan region; b. a copy of the news of the inauguration of Governor, Governor, or mayor; c. the statement has no arrears over the loan repayment comes from the Government; d. terms of reference of the activities that will be financed from the loan; e. Calculation of the ratio of the financial ability of the region to restore lending; f. local government financial reports for 3 (three) years; g. Draft BUDGETS or Draft BUDGETS year concerning Changes; h. comparison of remaining loan Area plus the loan amount will be withdrawn does not exceed 75% (seventy five percent) of the amount of the previous year's public acceptance of a GRANT; and i. financial plan loans. (4) the Minister of the Interior gave consideration to the Governor, Governor, or mayor as referred to in paragraph (1) and paragraph (2) after coordinating with the Minister of finance. CHAPTER VI MONITORING of DEFICIT BUDGETS and LOANS AREA article 12 local authorities who exceed the maximum limit of the indicative BUDGETS deficits referred to in article 3 paragraph (1) make a concerted effort to optimize the absorption of the budget to lower the Residual quantity Calculation More budget (SiLPA) at the end of the fiscal year. Article 13 local authorities obliged to report the cumulative position loans and liabilities loans to Finance Minister and Interior Minister each semester in fiscal year running. Article 14 (1) the Minister of finance Deficit BUDGETS and monitoring Loan Areas in order to control the cumulative Deficit BUDGETS and cumulative Loan area. www.djpp.depkumham.go.id 2012, no. 852 9 (2) based on the monitoring referred to in paragraph (1), the Minister of finance to evaluate the cumulative Maximum Limit for setting the Deficit BUDGETS and Limit the maximum Loan a cumulative area of fiscal year 2014. The CONCLUDING CHAPTER VI Article 15 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 24 August 2012, MINISTER of FINANCE of REPUBLIC of INDONESIA, AGUS MARTOWARDOJO d. w. Enacted in Jakarta on 24 August 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id