STATE NEWS
REPUBLIC OF INDONESIA
REGULATIONS OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER
NUMBER 56 /PMK.08/ 2012
ABOUT
MANAGEMENT OF THE COUNTRY ' S SHARIA VALUABLE MAIL ASSETS
DERIVED FROM THE STATE-OWNED GOODS
WITH THE GRACE OF THE ALMIGHTY GOD
FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,
Weigh: a. that to support the issuer of the State Sharia Price Letter, the use of the State Property as an Asset of the State Sharia Price (SBSN) in accordance with the provisions of Article 10 and Section 11 of the Law No. 19 of 2008 on Sharia Price Letter The country needs to be managed more effectively and efficiently;
B. that the State-owned Goods investigation as an asset of the State Syariah Letter in the Regulation of the Minister of Finance Number 04 /PMK.08/ 2009 on the Management of the State of State Valuable Mail Assets from State-owned Goods, rated still less Effective and efficient;
c. that under consideration as referred to in the letter a, and the letter b needs to specify the Minister of Finance Regulation on the Management of the State's Valuable Mail Assets Derived From The Property Of The State;
Remembering: 1. Act No. 1 Year 2004 on the State Treasury (Indonesian Republic Year 2004 Number 5, Additional Gazette of the Republic of Indonesia Number 4355);
2. Act No. 19 of 2008 on the Valuable Letter Of The State Sharia (sheet Of State Of The Republic Of Indonesia 2008 Number 70, Additional Sheet Of State Of Indonesia Number 4852);
3. Government Regulation No. 6 Year 2006 on Management Of Goods Belonging To State/Area (Sheet State Of The Republic Of Indonesia 2006 Number 20, Additional Gazette Republic Indonesia Number 4609) as amended by Regulation The Government Of 2008 Number 38 (sheet Of State Of The Republic Of Indonesia In 2008 Number 78, Additional Gazette Of The Republic Of Indonesia Number 4855);
4. Government Regulation No. 56 Year 2008 on Issuance Of The Country's Prized Mail Issuer (sheet Of State Of The Republic Of Indonesia 2008 Number 117, Additional Sheet Of State Republic Indonesia Number 4887);
5. Finance Minister Regulation Number 96 /PMK.06/ 2007 on Implementing The Use Of Use, Utilization, Removal, And Transfer Of State Goods;
6. Finance Minister Regulation Number 184 /PMK.01/ 2010 on the Organization and the Working Governance of the Ministry of Finance;
DECIDED:
Establish: FINANCE MINISTERS 'REGULATIONS ON THE MANAGEMENT OF THE COUNTRY' S SHARIA-VALUE MAIL ASSETS ORIGINATING FROM THE PROPERTY OF THE STATE.
BAB I
UMUM CONDITIONS
Section 1
In Regulation of the Minister of Finance this is referred to by:
1. The next item of the country (BMN) is all goods purchased or acquired on the State of the Union of Revenue and Shopping Budget or derived from any other authorized acquisition.
2. The State Sharia Price Letter, which is next abbreviated as SBSN, or may be called the State Sukuk, is a state-worth letter published based on the principle of sharia, as evidence of the inclusion section on SBSN Assets, whether in currency The rupiah and the foreign exchange.
3. SBSN Publishing Company is a legal entity established under the provisions of the Act on the State Sharia Price Letter to carry out SBSN publishing activities.
4. SBSN Assets are SBSN and/or BMN financing objects that have economic value, land and/or buildings and other than land and/or buildings, which in order to publish SBSN serves as the basis for the publishing of SBSN.
5. The SBSN Asset Nomination List is a list containing BMN data that meets the requirements for use as SBSN Asset in SBSN publishing frame.
6. The BMN Penatyenterprise document is a document in the form of a list and/or a BMN-based results report compiled by the Goods and/or the Goods User.
7. The IBM SaaS User is responsible for the use of the IBM SaaS and is responsible for the use of the IBM SaaS.
8. The user of the Goods is the authority holder of the use of BMN.
9. The legal aspect tuner Test, which is next called legal due diligence, is the examination of a legal document over the BMN that will serve as a SBSN asset.
10. Minister is the Finance Minister of the Republic of Indonesia.
BAB II
THE TYPE AND TERMS OF THE BMN AS SBSN ASSET
Section 2
(1) BMN can be used as the basis of SBSN publishing.
(2) BMN as referred to in paragraph (1) may be:
a. ground and/or building; and
B. Besides the ground and/or the building.
(3) BMN which has been established as the basis of the subsequent SBSN issuer is referred to as SBSN Asset.
(4) BMN as referred to in paragraph (1) must meet the requirements as follows:
a. have an economic value;
B. in decent condition;
c. has been recorded in the BMN Penataenterprise Document;
D. is not the primary tool of the armaments system;
e. not being in dispute;
f. not being used as SBSN Asset; and
G. Not from the waqf.
BAB III
THE BMN SETUP AS SBSN ASSET
Section 3
(1) The Directorate General of Debt Management compiles the number of BMN value needs which will be used as SBSN Assets for the next budget year.
(2) The determination of the number of BMN values to be made as SBSN Assets as referred to in paragraph (1) is carried out after coordinating with the Directorate General of Wealth of State.
Section 4
(1) The Director General Of Debt Management delivered a request in writing a proposal of the SBSN Asset Nomination List to the Director General of Wealth of State the slowest quarter of the second quarter.
(2) The request of a SBSN Asset Nomination List as referred to in paragraph (1) is at least as much as the amount of BMN value required as SBSN Asset.
(3) The SBSN Asset Nomination List as referred to in paragraph (2) is most understated:
a. BMN address/location;
B. type BMN;
C. the unit/luas/volume of BMN;
D. BMN value;
e. BMN condition;
f. type and document number of BMN ownership; and
G. BMN tail.
Section 5
(1) The Directorate General of Wealth of State carried out the identification of BMN in order to draft the proposed SBSN Asset Nomination List.
(2) The identification of the BMN as referred to in paragraph (1) is done with regard to the requirements as referred to in Article 2 of the paragraph (4).
Section 6
The Directorate General of Wealth of State determines the value of BMN of the results of the identification as referred to in Article 5 of the paragraph (1) to be compiled in the proposal of the SBSN Asset Nomination List.
Section 7
(1) The Director General of the Wealth of State delivers the proposal of a SBSN Asset Nomination List with dilamped supporting documents to the Director General of the Debt Management as intended in Article 4 of the paragraph (1), most slowly at the end Second quarter.
(2) BMN support documents as referred to in paragraph (1), at least include:
a. photocopy of proof of BMN ownership;
B. photocopy of the BMN Penataenterprise Document or photocopy document summary document (executive summary); and
c. electronic documents containing BMN-related data.
(3) In the case of a photocopy of the BMN ownership as referred to in paragraph (2) a letter is not yet available, it may be replaced with a letter of Director General of the Wealth of State after the legal due diligence.
(4) In terms of BMN that will be used as SBSN Asset has not yet had proof of BMN ownership, Director General of Wealth of State on behalf of the Minister may publish a statement regarding the status of ownership, use, and mastery of BMN after legal due diligence.
Section 8
(1) The Directorate General of Debt Management selected BMN eligible as SBSN Asset based on the proposal of the SBSN Asset Nomination List of the Directorate General of Wealth of State as referred to in Section 7 in order of drafting the Nominated List SBSN's assets.
(2) In terms of the number of BMN values eligible as SBSN Assets as referred to in paragraph (1) less than the amount of BMN value required as SBSN Asset, Director General of the Debt Management delivered the additional request of the List SBSN Asset Nomination to the Director General of the Wealth of State.
(3) The Directorate General of Debt Management is obliged to return to the Directorate General of Wealth of State List of SBSN Assets Nominations not served as SBSN Assets or the number of BMNs delivered by the Directorate General of the Wealth of State more A lot of the value needed.
Section 9
In order to use BMN as a SBSN Asset, the Directorate General of Debt Management or other designated parties may perform
legal due diligence of the BMN listed in the SBSN Asset Nomination List.
Section 10
The Directorate General of Debt Management can convey the response request and the completeness of the supporting documents to the Directorate General of the Wealth of State by
legal due diligence as referred to in Article 9.
BAB IV
BMN APPROVAL AS SBSN ASSET
Section 11
(1) The Director General Of Debt Management delivered the SBSN Asset Nomination List to the Minister to obtain the approval of BMN usage as SBSN's most slow Asset at the start of the third quarter.
(2) In the case of the Minister approving the use of the entire BMN listed in the SBSN Asset Nomination List as SBSN Assets as referred to in paragraph (1), the Minister delivered the request for approval to the People ' s Representative Council.
(3) In the case of the Minister rejecting some or all of the BMNs listed in the SBSN Asset Nomination List as referred to in paragraph (1), the Director General of the Debt Management must deliver the new SBSN Asset Nomination List.
(4) The new SBSN Asset Nomination List as referred to in verse (3) is prepared by the Directorate General of the Debt Management after coordinating with the Directorate General of Wealth of State.
Section 12
In terms of the BMN listed in the SBSN Asset Nomination List that the Minister approved is being used by the Government instance, the Director General of the Wealth of State on behalf of the Minister as the Manager of the Goods first notified the User The goods are concerned.
Section 13
The Minister delivered the approved SBSN Asset Nomination List to the People's Representative Council to obtain the approval of the BMN which will be made as the SBSN Asset.
BAB V
BMN USAGE AND DESIGNATION AS SBSN ASSET
Section 14
The Directorate General of Debt Management may use the BMNs listed in the SBSN Asset Nomination List which has obtained the approval of the People's Representative Council as referred to in Article 13 as SBSN Asset in the order of publishing. SBSN.
Section 15
(1) The Director General Of Debt Management on behalf of the Minister establishes BMN as a SBSN Asset which is among other things:
a. type;
B. specs; and
c. The BMN value with the least amount of SBSN nominal value is published.
(2) A copy of the Minister ' s designation as referred to in paragraph (1) is delivered to the Director General of Wealth of State.
(3) The designation of BMN as an SBSN Asset as referred to in paragraph (1) is performed for each time the issuance of SBSN at the time of the SBSN issuance.
Section 16
(1) The Director General of the State of Wealth on behalf of the Minister as the Manager of Goods delivers notice of the designation of BMN as a SBSN Asset to the User of the Goods in question.
(2) The delivery of the notification as referred to in paragraph (1) is based on a copy of the BMN designation as a SBSN Asset as referred to in Article 15 of the paragraph (2).
BAB VI
USAGE, UTILIZATION, DELETION AND/OR SBSN ASSET TRANSFER
Section 17
BMN is being used as a SBSN Asset remains to be used in order to host tasks and functions as well as activities to improve the task and function of the Goods or Goods Manager concerned.
Section 18
(1) BMN that is being used as a SBSN Asset may not be removed and/or transferred to another party, except in the case of the BMN concerned must be abolished and/or transferred in order of the BMN management based on the regulations It's
(2) In the event must be done removal and/or transfer of the BMN being used as SBSN Asset as referred to in paragraph (1), must be subject to replacement of the SBSN Assets concerned with other BMNs that meet The requirements as a SBSN Asset and have at least equal value to the BMN were abolished and/or moved to.
(3) The replacement of the BMN as an SBSN Asset as referred to in paragraph (2) is exercised by the Manager of the Materials Coordinating to the User of the Goods in question and must first be notified to the Directorate General Debt Management.
(4) In the case of SBSN Assets being severely damaged or destroyed including the kahar conditions (force majeure), must be made replacement of the SBSN Assets referred to by the Directorate General of the Debt Management with more Formerly coordinating with the Directorate General of Wealth of State.
(5) The condition of the kahar as referred to in verse (4) is an event that occurs beyond human abilities and control, it cannot be avoided, and is not limited to natural disasters, fires, floods, general strikes, war (declared or otherwise). unstated), rebellion, revolution, treason, riot, terrorism, and a widely known epidemic/epidemic so that an activity could not be implemented or could not be carried out as it should.
BAB VII
SBSN ASSET SUPERVISION AND SUPERVISION OF SBSN
Section 19
(1) The company and supervision of the SBSN Assets are carried out by the General Directorate of Debt Management in terms of the SBSN issuer being carried out directly by the Government.
(2) The company and supervision of SBSN Assets are carried out by the SBSN Publishing Company with the assistance of the Directorate General of Debt Management in terms of the SBSN issuer implemented through the SBSN Publisher Company.
(3) The enterprise and supervision of the SBSN Assets by the Directorate General of Debt Management and the SBSN Publishing Company as referred to in paragraph (1) and paragraph (2), must coordinate with the Directorate General of Wealth of State.
(4) In the framework of SBSN Assets and the supervision of SBSN Assets by the Directorate General of Debt Management and the SBSN Publisher Company as referred to in paragraph (3), the Directorate General of Wealth of State can coordinate with the User of the Goods Concerned.
Section 20
(1) The Director General Of Debt Management delivers notice to the Director General of the Wealth of State regarding the end of BMN ' s term of use as SBSN Asset.
(2) The Director General of the Wealth of State delivers notice of the end of the term of BMN as an SBSN Asset as referred to in paragraph (1) to the User of the Goods in question.
BAB VIII
REUSE OF BMN AS SBSN ASSET
Section 21
The BMN that has ended its use as a SBSN Asset can be reused as SBSN Asset in the SBSN publishing frame the next period with first notifying to the People's Representative Council.
Section 22
(1) The use of BMN as an SBSN Asset as referred to in Article 21 is carried out after coordinating between the Directorate General of the Debt Management with the Directorate General of Wealth of State.
(2) The Directorate General of Debt Management delivered a list of BMNs that will be reused as SBSN Assets to the Director General of Wealth of State.
(3) In order to reuse BMN as referred to in paragraph (1), the Directorate General of Wealth of State can do:
a. review of:
1) the condition of BMN;
2) the BMN designation; and/or
3) BMN entitlements; and/or
B. Revaluation.
(4) The reassessment as referred to in paragraph (3) of the letter b is carried out with consideration of effectiveness and efficiency.
(5) The Director General Of Debt Management delivers notice to the Minister with a gust to the Director General of the Wealth of State regarding the BMN ' s reuse plan as a SBSN Asset after it gets confirmation of the Director General The Wealth of State.
(6) The Director General of the Wealth of State on behalf of the Minister delivers notice to the Goods Users regarding the reuse of BMN as a SBSN Asset.
Section 23
The Minister submitted a notice to the People's Representative Council regarding the BMN reuse plan as SBSN Assets as referred to in Article 21.
Section 24
All costs incurred in the SBSN Asset management framework that are derived from BMN are charged in the State Revenue and Shopping Budget.
BAB IX
CLOSING PROVISIONS
Section 25
At the time the Regulation of Ministers came into force, the Regulation of the Minister of Finance Number 04 /PMK.08/2009 on the Management Of The Country's Precious Letter Assets Came from the State-owned Goods, revoked and declared to be not applicable.
Section 26
The Minister ' s rules are beginning to apply to the date of the undrased.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on April 18, 2012
THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,
AGUS D.W. MARTOWARDOJO
Promulgated in Jakarta
on April 18, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
