Regulation Of The Minister Of Finance Number 56/fmd. 08/2012 Year 2012

Original Language Title: Peraturan Menteri Keuangan Nomor 56/PMK.08/2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5166712ef09ea0313233353232.html

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Back NEWS REPUBLIC of INDONESIA No. 421, 2012 RULES the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 56/FMD. 08/2012 of SHARIAH-COMPLIANT SECURITIES ASSETS MANAGEMENT of STATE-OWNED GOODS that COME FROM COUNTRIES with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that the issuance of securities to support the Islamic State, the use of State-owned assets Items Securities Shariah State (SBSN) in accordance with the provisions of article 10 and article 11 of the Act number 19 of 2008 concerning Shariah State Securities need to be the management is done in a more effective and efficient;
b. that the process of establishing the State-owned assets Items of securities in the State Sharia regulation of the Minister of finance number 04/FMD. 08/2009 about Shariah-compliant Securities asset management State that comes from State-owned Goods, assessed less effective and efficient;
c. that based on considerations as referred to in letter a, letter b, and need to set a regulation of the Minister of finance about Islamic Securities asset management State that comes from State-owned Goods;
Remember: 1. 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);
2. Act No. 19 of 2008 concerning Shariah-compliant Securities State (State Gazette of the Republic of Indonesia number 70 in 2008, an additional Sheet of the Republic of Indonesia Number 4852);
3. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by regulation of the Government of 2008 Number 38 (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855);
4. Government Regulation Number 56 in 2008 about the publishing company Securities Shariah State (State Gazette of the Republic of Indonesia Number 117 in 2008, an additional Sheet of the Republic of Indonesia Number 4886);
5. Regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and Pemindahtanganan State-owned Goods;
6. Regulation of the Minister of finance Number on 195/FMD. 01/2010 about the Organization and the work of the Ministry of Finance;
Decide: define: REGULATION of the MINISTER of FINANCE ABOUT ISLAMIC SECURITIES ASSET MANAGEMENT STATE that COMES FROM STATE-OWNED GOODS.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Finance Minister is: 1. State-owned Goods hereinafter abbreviated BMN is all goods bought or obtained over the burden of Budget income and Expenditure the country or coming from another acquisition.
2. Islamic State Securities, hereinafter abbreviated SBSN, or can be called Sukuk, the Country is the State securities issued based on sharia principles, as evidence against the inclusion of part of the assets of top SBSN, both in rupiah or foreign currency.
3. Publisher SBSN is legal entity established under the provisions of the law on Securities Shariah State to carry out the publication of SBSN.
4. Asset SBSN is the object of financing and/or SBSN BMN that has economic value, in the form of land and/or the building or addition of land and/or buildings, which in order to serve as the basis of SBSN publishing publishing SBSN.
5. The list of Nominated Assets SBSN is a list that contains the data that meet the requirements for BMN used as Assets SBSN in order of publishing SBSN.
6. Documents Administering BMN is a document in the form of the list and/or report the results of administering BMN compiled by the provider of the goods and/or the user of the goods.
7. the organizer of the goods is an authorized officer and responsible for setting the policies and guidelines and make the management of BMN. 8. The user of the goods is the official holder of authority the use of BMN.
9. Due diligence legal aspects, hereinafter called the legal due diligence, is an examination of legal documents over the BMN will serve as asset SBSN. 10. the Minister is the Minister of Finance of Republic of Indonesia.

CHAPTER II TYPES and REQUIREMENTS of BMN SBSN ASSETS AS article 2 (1) can be used as the basis of BMN publishing SBSN.

(2) the BMN as mentioned on paragraph (1) may include: a. the land and/or buildings; and b. other than land and/or buildings.
(3) the BMN has been established as a basic publishing SBSN hereinafter referred to as underlying asset SBSN.
(4) the BMN as mentioned on paragraph (1) must satisfy the following requirements: a. have an economic value;

b. in decent conditions;

c. has been recorded in the documents of the administering BMN;

d. do not constitute the main armament system tools;

e. not being in dispute;

f. not being used as an asset SBSN; and g. not derived from endowments.
CHAPTER III the PREPARATION of BMN AS ASSETS SBSN article 3 (1) Directorate General of debt management devised a number of needs that BMN value will be used as an asset for the next budget year SBSN.
(2) the determination of the amount of the value of BMN which will serve as the Assets referred to in paragraph SBSN (1) made after coordinating with the Directorate General of State Wealth.
Article 4 (1) the Director General of the debt management proposal, in writing, request the list of Nominated Assets SBSN to Director-General of the country's wealth is at least the beginning of the second quarter.
(2) request for proposal List Nomination SBSN Assets referred to in subsection (1) is worth at least as big as the amount of the value of the required assets BMN SBSN.
(3) list of nominees SBSN Assets as referred to in paragraph (2) at least specify: a. the address/location of BMN;

b. types of BMN;

c. Unit/broad/BMN volume;

d. the value of BMN;

e. BMN conditions;

f. type and number to the BMN ownership documents; and g. the allocation BMN.
Article 5 (1) Directorate General of State Wealth do BMN identification within the framework of the preparation of the proposed list of Nominated Assets SBSN.
(2) identification of BMN as referred to in subsection (1) done having regard to the requirements referred to in article 2 paragraph (4).
Article 6 the Directorate General of State Wealth determines the value of BMN results the identification referred to in article 5 paragraph (1) which will be organized in the proposed list of Nominated Assets SBSN.

Article 7 (1) the Director General of the wealth of the country delivered a proposed list of Nominated Assets SBSN with attached with supporting documents to the Director General of the debt management as a request referred to in article 4 paragraph (1), at the latest at the end of the second quarter.
(2) the supporting documents referred to in paragraph BMN (1), at least include the following: a. a photocopy of proof of ownership of BMN;
b. photocopy Documents Administering BMN or photocopying documents summary of the results of the assessment (executive summary); and c. electronic documents that contain related data BMN.
(3) in the event that evidence ownership of BMN photocopies as referred to in paragraph (2) letter a is not yet available, it can be replaced with the explanation letter the Director General of the country's Wealth after legal due diligence.
(4) in the event that BMN will be used as the asset did not yet have proof of ownership SBSN BMN, Director General of the country's Wealth on behalf of the Minister may publish a statement regarding the status of the ownership, use, and mastery of BMN concerned after a legal due diligence.
Article 8 (1) Directorate General of debt management choose BMN that qualify as Assets SBSN based on the proposed list of Nominated Assets SBSN from Directorate General Wealth the country referred to in article 7 in the framework of the preparation of the list of Nominated Assets SBSN.
(2) in terms of total value of BMN that qualify as Assets SBSN referred to in subsection (1) is less than the amount of the value of the required assets BMN SBSN, Director General of the debt management proposal request delivered a list of nominees to the Director General of SBSN Asset Wealth of the country.
(3) debt management Directorate General compulsory return to the Directorate General of State Wealth list of Nominated Assets SBSN which does not serve as the Asset or the amount of SBSN BMN delivered by the Directorate General of State Wealth greater than the required value.
Article 9 in order to use BMN SBSN as an asset, debt management Directorate General or other designated party can perform legal due diligence over the BMN listed in list of Nominated Assets SBSN.

Article 10 the Directorate-General of the debt management can deliver the request responses and completeness of the supporting documents to the Directorate General of State Wealth based on legal due diligence referred to in article 9.

CHAPTER IV APPROVAL BMN AS ASSETS SBSN article 11 (1) debt management Director General delivered a list of nominees to the Minister SBSN Assets to get approval of the use of BMN SBSN Assets as at the latest at the beginning of the third quarter.
(2) in the event that the Minister approved the use of the entire BMN listed in list of Nominated Assets SBSN SBSN Assets as referred to in paragraph (1), the Minister conveyed the request for approval to the House of representatives.
(3) in the event that the Minister refuse some or all of BMN listed in list of nominees SBSN Assets as referred to in paragraph (1), the Director General of debt management should convey the list of Nominated Assets SBSN new.
(4) list of nominees new SBSN Assets as referred to in paragraph (3) was prepared by the Directorate-General of the debt management after coordinating with the Directorate General of State Wealth.

Article 12 in the event of BMN listed in the List of approved Assets SBSN Nominated Minister is being used by government agencies, the Director General of the country's Wealth on behalf of the Minister as the provider of the Goods in advance, inform the Users of the goods in question.

Article 13 the Minister delivered a list of nominees approved SBSN Asset to the House of representatives for approval over the BMN will serve as Asset SBSN.

Chapter V USE and DETERMINATION of BMN AS SBSN ASSETS Article 14 debt management Directorate can use BMN listed in list of Nominated Assets SBSN who has got the approval of the House of representatives as stipulated in article 13 as an asset in the framework of the implementation of SBSN SBSN publishing.

Article 15 (1) the Director General of debt management on behalf of the Minister establish the BMN SBSN as an asset among other things: a. the types;

b. specifications; and c. the value with the sum of least BMN of nominal value SBSN published.
(2) a copy of a determination of the Minister referred to in subsection (1) is submitted to the Director General of the country's Wealth.
(3) the determination of BMN SBSN Assets as referred to in subsection (1) is conducted for every time the publication of SBSN SBSN publishing on exercise.
Article 16 (1) the Director General of the country's Wealth on behalf of the Minister as the provider of the Goods delivered notices of determination of BMN SBSN as an asset to users of the goods in question.
(2) the submission of a notice referred to in subsection (1) is based on a copy of the determination of BMN SBSN Assets as referred to in Article 15 paragraph (2).
CHAPTER VI the use, UTILIZATION, removal and/or ASSET SBSN PEMINDAHTANGANAN article 17 BMN being used as Fixed Assets SBSN can be used in the framework of the Organization of tasks and functions as well as activities to support the duties and functions of the goods or provider of the Users of the goods in question.

Article 18 (1) BMN is being used as an asset SBSN cannot be eliminated and/or transferable to another party, except in the event of BMN concerned must be eliminated and/or transferable in order management BMN based on legislation.
(2) in the event of removal should be performed and/or pemindahtanganan over the BMN is being used as an asset SBSN as mentioned on paragraph (1), the replacement must be made against the assets of SBSN concerned with BMN other eligible assets SBSN and has a value at least equal to the BMN eliminated and/or transferable.
(3) Replacement against BMN is being used as an asset SBSN referred to in subsection (2) is implemented by the provider of the goods is coordinating with the user of the goods in question and should be first notified to the Directorate General of debt management.
(4) in the case of assets SBSN suffered heavily damaged or destroyed including the caused condition kahar (force majeure), the replacement should be made against the assets of SBSN in question carried out by the Directorate General of debt management by first coordinate with the Directorate General of State Wealth.
(5) the conditions referred to in paragraph kahar (4) an incident that occurs outside of human control, and ability is inevitable, and not limited to natural disasters, fires, floods, a general strike, war (declared or undeclared), rebellion, revolution, insurrection, terrorism, treason, and outbreaks of epidemic/widely known so that an activity is not enforceable or unenforceable as it should be.
CHAPTER VII the ADMINISTERING and MONITORING ASSETS SBSN article 19 (1) Administering and monitoring against Assets SBSN conducted by Directorate General of debt management in terms of publishing SBSN carried out directly by the Government.
(2) Administering and monitoring against the assets of the company done by SBSN Publisher SBSN assisted by the Directorate General of debt management in terms of publishing SBSN implemented through SBSN publishing company.
(3) the administering and monitoring against Assets SBSN by Directorate General of debt management and publishing company SBSN as referred to in paragraph (1) and paragraph (2), must coordinate with the Directorate General of State Wealth.
(4) in the course of administering and monitoring Assets SBSN by Directorate General of debt management and publishing company SBSN referred to in paragraph (3), the Directorate General of State Wealth can coordinate with the Users of the goods in question.
Article 20 (1) the Director General of debt management delivered a notification to the Director General of the wealth of the country regarding the expiration of use of BMN SBSN as an asset.
(2) the Director General of the wealth of the country delivered a notice regarding expiration of use of BMN SBSN Assets as referred to in paragraph (1) to the users of the goods in question.
CHAPTER VIII REUSE BMN AS ASSETS SBSN Article 21 BMN already ended the period of its use as a reusable SBSN Assets as Assets SBSN in order the publication of the next period by SBSN in advance and told the House of representatives.

Section 22 (1) reuse of BMN SBSN Assets as referred to in Article 9 is made after coordinating between the Directorate-General of the debt management Directorate General with the wealth of the country.
(2) debt management Directorate General delivered a list of BMN will be used again as an asset to the Director General of SBSN Wealth countries.
(3) in order to reuse BMN as referred to in paragraph (1), the Directorate General of State Wealth can do: a. review against BMN conditions: 1);

2) allotment BMN; and/or 3) ownership BMN; and/or b. an assessment of returns.
(4) the assessment of the return referred to in subsection (3) the letter b is done with consideration of effectiveness and efficiency.
(5) the Director General of debt management delivered a notice to the Minister with a copy to the Director-General of the country's Wealth of the plan reuse BMN as Assets SBSN after obtaining confirmation from the Director General of the country's Wealth.
(6) the Director General of the country's Wealth on behalf of the Minister deliver a notification to the user of the goods regarding the reuse of BMN SBSN as an asset.
Article 23 the Minister delivered a notice to the House of representatives regarding plans for reuse of BMN SBSN Assets as referred to in Article 21.

Article 24 Any costs that arise in connection with the management of the assets that originates from BMN SBSN charged to the budget of the State Expenditures and Revenues.

CHAPTER IX PROVISIONS COVER Article 25 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of finance number 04/FMD. 08/2009 about Shariah-compliant Securities asset management State that comes from State-owned Goods, revoked and declared inapplicable.

Article 26 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 April 18, 2012, MINISTER of FINANCE of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO D.W. Enacted in Jakarta on April 18, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();