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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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REPUBLIC OF INDONESIA STATE NEWS

No. 852, 2012 MINISTRY OF FINANCE. The APBD. Maximum Limit. Deficit.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 137 /PMK.07/2012 ABOUT

LIMITS ON THE MAXIMUM INCOME BUDGET DEFICIT AND AREA SHOPPING

AND THE MAXIMUM EXTENT OF THE 2013 BUDGET YEAR AREA LOAN

WITH THE GRACE OF GOD ALMIGHTY THE FINANCIAL MINISTER OF THE REPUBLIC OF INDONESIA,

THE DRAW: THE that to implement the provisions of Article 7 of the Government Regulation No. 23 of 2003 on the Controlling of the Cumulative Amount Of Income Budget Deficit and State Shopping, and the Regional Revenue and Shopping Budget, as well as the Cumulative Amount Of Loan Central Government and Local Government, Section 106 paragraph (2) Government Regulation Number 58 of 2005 on Regional Financial Management, and Article 7 of the paragraph (1) Government Regulation No. 30 Year 2011 on Regional Loans, need to establish Regulation Finance Minister about the Maximal Limit of Revenue Budget and Regional Shopping The Maximum Cumulative Loan Limit Of The 2013 Budget Year;

Given: 1. Government Regulation No. 23 of 2003 on Controlling the Cumulative Amount Of Income Budget Deficit and State Shopping, and Regional Revenue and Shopping Budget, as well as the amount

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Cumulative Loan Of Central Government and Local Government (State Sheet Of Indonesia Year 2003 Number 48, Additional Gazette Republic Of Indonesia Number 4287);

2. Government Regulation No. 58 of 2005 on the Financial Management Of The Area (sheet Of State Of The Republic Of Indonesia In 2005 Number 140, Additional Gazette Of The Republic Of Indonesia Number 4578);

3. Government Regulation No. 30 Year 2011 On Regional Loans (Indonesian Republic Of Indonesia Number 59, Additional Gazette Republic Of Indonesia Number 5219);

4. The decision of the President No. 56/P of 2010; DECIDED:

SET: THE REGULATION OF THE MINISTER OF FINANCE ABOUT THE MAXIMUM EXTENT OF THE INCOME BUDGET DEFICIT AND THE AREA EXPENDITURE AND THE MAXIMUM CUMULATIVE LOAN LIMIT OF THE BUDGET YEAR 2013.

BAB I

provisions of UMUM Article 1

In Regulation of this Minister, referred to: 1. The next Autonomous Region called the Regions is unity

the legal society that has the boundaries of the region authorities regulate and take care of the affairs of government and the interests of the local community according to the initiative itself based on the aspirations of the people of the State of the Republic of Indonesia.

2. The Regional Government is the governor, regent, or mayor, and the area's device as an element of the regional government's organizer.

3. The Regional Revenue and Shopping Budget (APBD) is the annual financial plan of the local government being discussed and approved jointly by the Regional Government and the Regional People's Representative Council and established with the Regulation. Area.

4. The Maximum Cumulative Limit of APBD deficits is the total deficit of the APBD in a budget year.

5. County revenue is the right of the Government of Regions which is recognized as an enhancer of net worth of wealth.

6. Area shopping is all of the area ' s obligations that are recognized as a degrade of net worth of wealth.

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7. The APBD deficit is a less difference between Regional Revenue and Regional Shopping in the same budget year.

8. The surplus of APBD is the difference between Regional Revenue and Regional Shopping in the same budget year.

9. Gross Domestic Product (GDP) is the total end value of all goods and services produced in Indonesia within a given year according to market prices.

10. The maximum cumulative loan limit of the area is the total number of loans across the entire Area to a given budget year.

11. Regional loans are all transactions that result in the Regional accepting a sum of money or receiving benefits that are worth money from other parties so that the area is charged with the obligation to pay back.

BAB II

MAXIMUM LIMIT APBD DEFICIT

ARTICLE 2

(1) THE CUMULATIVE MAXIMUM LIMIT OF THE 2013 APBD DEFICIT WAS SET AT 0.5% (ZERO IN FIVE PERCENT COMAS) OF THE 2013 BUDGET YEAR GDP PROJECTION.

(2) The projections of GDP as referred to in verse (1) are the projected GDP used in the drafting of the State Budget of Revenue and Shopping of the Budget Year of 2013.

Article 3

(1) Indicators of the maximum limit of the 2013 APBD deficit for each area is set at 6% (six percent) of the Regional Revenue estimate of the 2013 Budget.

(2) Indicators of the maximum limit of APBD deficit each Region as referred to in paragraph (1) are the Regional Government guidelines in order to establish the APBD of Budget Year 2013.

BAB III

LIMITS THE CUMULATIVE MAXIMUM LOAN AREA

Section 4

(1) The Cumulative Maximum Extent Of Regional Loans, which is still a Regional liability until the 2013 Budget Year is set at 0.35% (zero commas thirty) five percent) of the GDP projection as referred to in Article 2 of the paragraph (1).

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(2) Regional loans as referred to in paragraph (1) include loans passed on to loans, grants, and/or capital disputes to the Regional Entity Belonging.

CHAPTER IV DEFICIT CONTROL APBD

Section 5

(1) The Local Government may be Aware Deficit of APBD or Surplus APBD.

(2) In order to control the deficit APBD or Surplus APBD, the Local Government is budgeted: a. The APBD deficit is the same as the difference between receipts

financing and financing expenses; or b. Surplus APBD is equal to less difference between

financing receipt and financing expenses. Section 6

(1) The Local Government reports the APBD deficit plan and its explanation to the Minister of Finance c.q. Director General of the Financial Balance before APBD is set.

(2) The format of the APBD deficit plan report as referred to the paragraph (1) set forth in Appendix I which is an inseparable part of this Minister Rule.

Article 7

(1) In the case of the APBD deficit plan as referred to in Article 6 of the paragraph (1) will be partially closed or entirety of the Regional Loan and/or the sale of the wealth of the separated regions, APBD deficit It must obtain approval from the Director General of the Financial Balance on behalf of the Minister of Finance.

(2) Approval of the Director General of the Financial Balance on behalf of the Minister of Finance for the APBD deficit plan to be closed partly or entirely of Regional Loans, given based on the following assessments: a. The Maximum Cumulative Limit of the APBD deficit as intended

in Section 2 of the paragraph (1) is not exceeded; b. The Cumulative Maximum of Regional Loans, as

is referred to in Section 4 of the paragraph (1) is not exceeded; c. Last Local Government Finance report audited

obtain a Wajar opinion With Exception or Wajar Without Exception;

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d. The number of remaining Regional Loans plus the amount of loans to be withdrawn does not exceed 75% (seventy-five percent) of the previous year's APBD general acceptance number; and

e. The area ' s financial ability ratio to return loan (Debt Service Coverage Ratio/DSCR) at least 2.5 (two comcomas five).

(3) Approval of the Director General of Finance on behalf of the Finance Minister for the APBD deficit plan which will be partially closed or entirely from the sale of the wealth of the separated regions, provided along the Maximum Cumulative Limit The APBD deficit as referred to in Section 2 of the paragraph (1) is not exceeded and pays attention to the following:

a. the fields of the region ' s wealth efforts are separated; and b. The application structure of the affected area is separated.

Section 8 of the APBD deficit plan approval procedures that will be partially closed or all of the Regional Loan and/or the sale of the wealth of the area separated as referred to in Section 7 of the paragraph (1) is performed with the following conditions:

a. The governor, regent, or mayor apply for approval to the Minister of Finance c.q. Director General of the Financial Balance with a gust of application delivered to the Minister of Home Affairs c.q. Director General of Regional Finance.

b. In the event of a request for approval to be submitted by the regent or mayor, a request for a request was delivered to the governor.

c. The format of the approval application is listed in Appendix II which is an inseparable part of the Regulation of this Minister.

d. The submission of the consent request as specified in the letter a is performed at least 1 (one) months prior to the Regional Rule Plan on the APBD or the Regional Regulation Plan on APBD Changes sent to be evaluated.

E. In the case of the APBD deficit plan will be partially closed or entirely from the Regional Loan, an application for approval as intended on the letter a containing the activities plan to be financed from the Regional Loan, with the following document encappened:

1. State Government Financial Report 3 (three) last year that has been set with local regulations;

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2. Draft Summary of APBD or Summary APBD Summary of Budget Year 2013;

3. The calculation of the remainder of the Regional Loan plus the amount of loans to be withdrawn does not exceed 75% (seventy-five percent) of the previous year's APBD general acceptance number; and

4. Calculations about the area ' s financial ability ratio to restore a loan (Debt Service Coverage Ratio/DSCR).

f. The document, referred to in the letter e numeral 3 and number 4, is compiled using the format as set forth in Appendix III which is an inseparable part of this Minister's Rule

g. In the event the APBD deficit will be partially closed or entirely from the sale of the wealth of the separated area, the request for approval as referred to in the letter a dilampiri document as follows: 1. Local Government Finance Report 3 (three) the last year

which has been established with regional regulations; 2. Draft Summary APBD or Draft Summary APBD

Changes of the Budget Year 2013; and 3. Statement of the governor, regent, or mayor regarding the field

the efforts and structure of the plea before and after the sale of the wealth of the regions separated.

Article 9 (1) of the Director General of the Financial Balance on behalf of the Minister

The Finance provides the approval or rejection of the APBD deficit plan that will be partially closed or entirely from the Regional Loan based on the assessment as referred to in Article 7 of the paragraph (2).

(2) The Director General of the Financial Balance on behalf of the Finance Minister gives approval or rejection of the application of the APBD deficit to be closed in part or entirely of the sale of the wealth of the separated regions based on the assessment as referred to in Article 7 of the paragraph (3).

(3) In terms of the APBD deficit plan will be partially closed or all of the Regional Loans sourced from overseas loan forwarding, other Local Government, bank financial institutions, and financial institutions instead of banks, approvals or The rejection of the Director General of the Financial Balance in the name of the Minister of Finance was given first request for consideration Minister of the Interior c.q. Director General of the Regional Finance.

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(4) The request of consideration as referred to in paragraph (3) is attached to the document as referred to in Article 8 of the full letter e.

(5) The Director General of the Regional Finance on behalf of the Minister in the The country delivers its consideration as referred to in paragraph (3) within 10 (ten) business days after the receipt of a request from the Director General of the Financial Balance on behalf of the Minister of Finance.

(6) In the case of the following letter: The Director General of Regional Finance on behalf of the Minister of the Interior did not deliver In the term of the Agreement, the General Balance of Finance on behalf of the Minister of Finance gives the approval or rejection of the APBD deficit to be referred to in the paragraph (1).

(7) The consent or rejection as referred to in paragraph (1) and paragraph (2) is provided by the Director General of the Financial Balance on behalf of the Minister of Finance for the longest 20 (twenty) business days after the letter of the request from the governor, regent, or the mayor and the document as referred to in Article 8 of the letter e and the letter g received in full.

Article 10

The approval or refusal of the Director General of the Financial Balance on behalf of the Minister of Finance as intended in Section 9 to the required document in the process of evaluation of the Draft Area regulations on APBD or the evaluation of the Regional Rules Design on APBD Change.

CHAPTER V CONSIDERATION OF REGIONAL LOAN PLAN

Article 11

(1) The Governor convees a Medium-Term Loan plan or Term Loan The length is derived from foreign loan forwarding, other Local Government, bank financial institutions, and financial institutions instead of banks to the Home Secretary for consideration.

(2) The Regent or the mayor delivers a plan Medium Term Loan or Long Term Loan derived from the illumination Foreign loans, other regional governments, bank financial institutions, and financial institutions are not banks to the Minister of the Interior to get their consideration and its findings are communicated to the governor.

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(3) The delivery as referred to in paragraph (1) and paragraph (2) is at least attached to the following:

a. Approval of the Regional People's Representative Council on the Regional Loan Plan;

b. A copy of the governor ' s inaugural event, the regent, or the mayor; c. The statement does not have arrees over the return of

a loan originating from the Government; d. The frame of reference activities will be financed from the loan; e. Calculations about the region ' s financial ability ratio for

return the loan;

f. Regional Government Finance Report for 3 (three) years last year;

g. Draft APBD or APBD Design Changes year on year;

h. The comparison of the remaining Regional Loans plus the amount of loans to be withdrawn does not exceed 75% (seventy-five percent) of the previous year's APBD general acceptance number; and

i. A financial loan plan. (4) The Minister of the Interior provides consideration to the governor,

regent, or mayor as referred to in paragraph (1) and paragraph (2) after coordinating with the Minister of Finance.

CHAPTER VI MONITORING OF APBD DEFICIT AND REGIONAL LOANS

Section 12

The Local Government beyond any indication of the maximum limit of the APBD deficit as referred to in Article 3 of the paragraph (1) does a budget absorption optimization attempt to decrease the remaining quantity of the Budget Calculation (SiLPA) at the end of the budget year.

Article 13 The Local Government is required to report the position The cumulative loan and loan obligation to the Minister of Finance and the Minister of the Interior every semester in the year of the budget goes.

Article 14 (1) the Finance Minister conducts the APBD deficit monitoring and

Regional Loan in order The APBD and Cumulative Lending Deficit of the Regional Loan.

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(2) Based on the monitoring as referred to in paragraph (1), the Minister of Finance conducted an evaluation to establish the Cumulative Maximum Extent Of The APBD deficit and the Maximum Cumulative Loan Limit Of 2014 Budget Year.

BAB VI

CLOSING Article 15

The Minister ' s Regulation is beginning to take effect on the date of the promulcings. In order for everyone to know, ordered the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 24 August 2012 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, AGUS D. W. MARTOWARDOJO

PROMULRED IN JAKARTA ON AUGUST 24, 2012 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, AMIR SYAMSUDIN

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