Regulation Of The Minister Of Forestry Number P. 8/menhut-Ii/2012 Year 2012

Original Language Title: Peraturan Menteri Kehutanan Nomor P.8/MENHUT-II/2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51d97e98c0a13d313233383335.html

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Back NEWS REPUBLIC of INDONESIA No. 250, 2012 RULES the MINISTER of FORESTRY of the REPUBLIC of INDONESIA number: p. 8/MENHUT-II/2012 ABOUT goods/services PROCUREMENT SERVICES ELECTRONICALLY at the ENVIRONMENT MINISTRY of FORESTRY with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that as a follow up to article 106, section 111 and section 134 subsection (2) Presidential regulation Number 54 in 2010 on the procurement of goods and services , which in order of effectiveness, efficiency, accountability, transparency, and guarantee healthy competition then Pengadaaan Government goods/services can be done electronically via e-tenderingatau e-purchasing;
b. that, in order to improve the efficiency, effectiveness, accountability, transparency, and guarantee healthy competition in goods and services Government Pengadaaan in the environment of the Ministry of forestry, the need for the procurement of goods and services electronically;
c. that based on considerations as referred to in letter a and letter b, needs to be designated the Minister of forestry Regulation concerning Procurement Services goods and services Electronically at the Environment Ministry of forestry;
Remember: 1. Law number 11 year 2008 of the information and electronic transactions (State Gazette Number 58 in 2008, an additional Sheet of the Republic of Indonesia number 4928);
2. Act No. 3 of 2004 concerning the inspection and financial responsibility of the State (State Gazette number 66, an additional Sheet of the Republic of Indonesia number 4400);
3. Presidential regulation Number 54 in 2010 about Government procurement of goods/services (State Gazette of the Republic of Indonesia number 75, additional sheets of the Republic of Indonesia number 5136);
4. Presidential Instruction No. 5 of 2004 about the acceleration of eradication of Corruption;
5. Regulation of Penitentiary policy of Government procurement of goods/Service Number 002/PRT/KA/VII/2009 Year 2009 on guidelines for the establishment of the Procurement Services Unit (ULP) Government goods/services;
6. Regulation of Penitentiary policy of Government procurement of goods/service number 2 of 2010 about Procurement Services Electronically;
7. Regulation of the Minister of forestry number: p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2010 Number 105);
Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the goods/services PROCUREMENT ELECTRONICALLY in an ENVIRONMENT of the MINISTRY of FORESTRY.
CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of forestry it is: 1. Procurement of goods/services in electronic or E-Procurement is procurement of goods/services that are carried out with the use of information technology and electronic transactions in accordance with the provisions of the legislation.
2. Procurement Services Electronically which hereafter LPSE Ministry of forestry, is a work unit in the Ministry of forestry that was formed to organize service system procurement of goods/services electronically.
3. E-are Tendering procedures is the selection of the provider of the goods/services being performed openly and can be followed by all providers of goods/services that are registered on the system of procurement electronically by way of conveying one (1) time of offer in the time allowed.
4. The system of procurement Electronically hereinafter abbreviated SPSE, is system includes software applications (apps) and the SPSE E-Procurement database developed by LKPP LPSE and infrastructure to be used.
5. The institution of a policy of Government procurement of goods/services are hereinafter referred to as the Government agency is LKPP tasked to develop and formulate policy on the procurement of goods/services as stipulated in the regulations of the President no. 106 in 2007 about goods/services Procurement Policy of the Government.
6. electronic Catalogues or E-Catalogue is an electronic information system that contains a list, type, technical specifications, and the price of certain goods from various suppliers/services of the Government.
7. The E-Purchasing is how to purchase goods/services through electronic catalog system.
8. Electronic document is any electronic information are made, forwarded, transmitted, received, or stored in the form of analog, digital, optical, electromagnetic, or similar ones, which can be seen, displayed, and/or heard through a computer or electronic systems, including not limited to text, sound, pictures, maps, drafts, photos or the like, letters, marks, numbers, access codes, symbols or perforations which have meaning or meaning or can be understood by people who are able to understand it.
9. the Message further, 5 shortened to Diggest the MD5 is a methodology to give guarantees that the delivered electronic documents will be the same as the received electronic document, this by comparing the "fingerprint" or "hash key" from those documents.
10. An Electronic Signature is a signature consisting of electronic information are attached, associated or related to other electronic information that is used as a means of verification or authentication.
11. Your UserID is your name or a unique identifier as the identity that is used to operate within an electronic system 12. The password is a collection of characters or strings that are used by network users or a multiuser operating system (many users) to menverifikasi the User ID to the security system owned by the system or network.
13. Ministry of forestry LPSE Portal is a gateway to electronic information systems related to the procurement of goods/services information in the environment of the Ministry of forestry, which is managed by the Ministry of forestry LPSE Manager.
14. National Procurement Portal is a gateway to electronic information systems related to the procurement of goods/services information nationally managed by LKPP.
15. Budget Users hereinafter PA is the holder of the Official authorities of the use of the budget in each of the work units of the Ministry of forestry.
16. The power of the budget Users hereinafter KPA is the Official designated by the PA to use the budget in each of the work units of the Ministry of forestry.
17. a Commitment Maker Officials hereinafter referred to as PPK, is the officer responsible for the implementation of the procurement of goods/services in the environment of the Ministry of forestry.
18. the Procurement Services Unit hereafter ULP was a functioning Government organizational units carry out procurement of goods/services in the Environment Ministry of forestry that is permanent, it can stand alone or attached to existing units.
19. the Procurement Officer is personnel who have Skills Certificate procurement of goods/services that carry out procurement of goods/services in the environment of the Ministry of forestry.
20. Goods/Services Provider is an individual or business entity that provides goods/construction works/services/consultancy services etc.
21. certificate of goods/services procurement expertise is a sign of recognition of the evidence of the competence and ability of the profession in the field of procurement of goods/services incurred by LKPP.
The second part of the intent, purpose, scope, and the parties article 2 (1) the meaning of this is as LPSE formation guidelines for work units in the Ministry of forestry environment in conducting procurement of goods/services electronically.
(2) the purpose of the establishment of the Ministry of forestry environment in LPSE, are as follows: a. increase the transparency and accountability;

b. improving market access and competition is a healthy business;

c. increase the efficiency of the procurement process;

d. serve access to information. (3) the scope of regulation of the Minister of forestry include: a. Ethics;

b. tasks;

c. functions and responsibilities;

d. Relationship of the parties, work related grammar; and e. the mechanisms and procedures in the implementation of the procurement of goods/services electronically in the environment of the Ministry of forestry.
Article 3 the parties to the implementation of the procurement of goods/services Electronically at the Environment Ministry of forestry consists of: a. LPSE Ministry of forestry;

b. Budget Users or Power Users Budget;

c. Commitment Maker Officials;

d. Committee of procurement or ULP; and e. Goods/Services Providers.

CHAPTER II Procurement Ethics article 4 (1) of the goods/services Procurement Electronically in an environment of the Ministry of forestry is obligated to comply with the procurement ethics as set forth in the regulations of the President Number 54 in 2010 about Government procurement of goods/services jo. Presidential regulation Number 35 year 2011 about changes to the presidential regulation Number 54 in 2010 about Government procurement of goods/services.
(2) in addition to complying with ethics as referred to in paragraph (1), the parties to the procurement of goods/services Electronically in the environment of the Ministry of forestry, are required to: a. maintain confidentiality and prevent misuse of access codes (user password iddan);
b. maintain confidentiality and prevent the abuse of electronic data and information are not intended for the public; and c. comply with the prevailing laws and regulations in the procurement of goods/services electronically.
Article 5 the parties goods/services Procurement Electronically in an environment of the Ministry of forestry is prohibited for: a. interfere with, disrupt, or damage the system of procurement of goods/services electronically; and b. steal information, manipulate data, and/or cheat in the procurement of goods/services electronically that can affect the purpose of procurement.
CHAPTER III DUTIES and FUNCTIONS of the PARTIES section of the Union Ministry of forestry LPSE article 6 (1) has the task to the Ministry of forestry LPSE include: a. facilitate PA/KPA announced general plans of procurement;
b. facilitating the Procurement Committee/ULP aired announcements implementation of procurement;

c. facilitating the Procurement Committee/ULP carry out the selection of providers of goods/services electronically;
d. facilitate the providers of goods/services and parties concerned SPSE user; and e. carry out other tasks assigned by Leader.
(2) the Ministry of forestry LPSE does not implement and was not responsible for the creation of a package of government-procurement of goods/services, the determination of the methods and the requirements of the procurement, preparation and provision of schedule changes, the content of the document procurement along with its contents, adendum announcements, stuffing data qualification from providers of goods/services, news events, the content of the document explanations of granting bidding, evaluation results, news event the results of the auction/selection/direct election, the determination of the winners and announcements, as well as the contents of the disclaimer and answer.
(3) the Ministry of forestry told LPSE PPK when found deviations of procedures the implementation of procurement of goods/services electronically, with copy to the Inspector General of the Ministry of forestry.
Article 7 in carrying out the tasks referred to in article 6 paragraph (1), the Ministry of forestry LPSE hosts function as follows: a. the preparation of the program of activities, administration, evaluation and reporting, management of procurement of goods/services electronically at the Environment Ministry of forestry; b. management of its infrastructure following SPSE;

c. implementation of registration and verification of SPSE;

d. implementation of training services and technical support operation SPSE.

Article 8 (1) of the Ministry of forestry LPSE consists of: a. Directors are ex-officio replacing the Secretary General of the Ministry of forestry; and b. the Executor. (2) the Executor as referred to in paragraph (1) letter b consists of: a. the person in charge;

b. the Chairman;

c. the Vice Chairman;

d. the Secretary;

e. the team training and socialization;

f. the User Services Team;

g. Team registration and verification; and h. System Administration Team.
(3) the Ministry of forestry LPSE as referred to in paragraph (2) was established as the Ministry of forestry LPSE Manager.
(4) the person who manages LPSE Ministry of forestry as referred to in paragraph (3) was formed and established by a decision of the Minister of forestry or designated officials.
The second part of the budget Users/User Power User article 9 Budget Budget/Budget power user has the following duties and authority to: a. Establish general plan procurement of goods/services;
b. General plan was widely Announced procurement of goods/services at the website of the Ministry of forestry, Ministry of forestry LPSE Portal and National Procurement Portal through LPSE; c. set the PPK, officials of the Organizing Committee of procurement and Procurement/ULP; and d. Resolving a dispute between the PPK and the Procurement/ULP Committee in the event of differences of opinion.
The third part of article 10 Commitment Maker Officials Acting Commitment Makers have duties and responsibilities: a. set the plan of implementation of the procurement of goods/services that include: 1) technical specification of goods/services;

2) Estimated Own Price (HPS); and 3) of the draft contract.

b. Publish the letter of appointment of goods/services Providers;

c. sign a contract;

d. carry out contract with goods/services Providers;

e. control of execution of the contract;

f. report on implementation/completion of procurement of goods/services to the PA/KPA;
g. submit the results of the work of the procurement of goods/services to the PA/KPA with the news submission event;
h. report on the progress of the work including the absorption of the budget execution of the work and the barriers to the PA/KPA quarterly;
i. storing and maintaining the integrity of all documents the execution of procurement of goods/services;
j. Assign team or technical explanations givers experts (aanwizjer) to assist the implementation of ULP; and k. set the magnitude of the down payment will be paid to providers of goods/services.
The fourth part of the Committee of procurement/Procurement Committee article 11 ULP/ULP has duties and responsibilities: a. drafting plans for the selection of goods/services providers;

b. set the procurement documents;

c. set the nominal quantity Assurance of supply;
d. Announced the implementation of the procurement of goods/services at the website of the Ministry of forestry, Ministry of forestry, LPSE Portal and National Procurement Portal through LPSE;
e. Assessing the qualifications of providers of goods/services through prequalification and pascakualifikasi;
f. Perform the evaluation of the administrative, technical and price against the incoming supply; g. Answering a disclaimer;

h. Specify goods/services Providers; and i made a report on the process and results of procurement to the PPK and/or users of the budget/Budget power user.
The fifth section of goods/services Providers article 12 (2) goods/services providers are obliged to fulfill the following requirements: a. enrol to LPSE and willing to do the verification in the principle of real by LPSE or authorized, prior to the goods/services Providers be given the access code to enter into the system of electronic procurement;
b. meet the statutory conditions for the exercise of business/activity as a provider of goods/services;
c. have the expertise, experience, technical and managerial capabilities to provide the goods/services;
d. is not in the supervision of the Court, not bankruptcy, its business activities is not being stopped, and/or the Board of Directors acting for and on behalf of the company not being through criminal sanctions; e. legally has the capacity to sign contracts;
f. as taxpayers already fulfill the obligation of taxation in recent years, evidenced by attaching a photo copy of the proof of delivery Letter receipt (SPT) annual tax income tax (PPh) last year, and Tax Deposit letter (CNS) PPh Pasal 29;
g. within 4 (four) last year and never get a job providing goods/services in both the Government and private environment including experience subcontracting, unless the provider of the goods/services of the new stands less than 3 (three) years;
h. have the human resources, capital, equipment, and other facilities that are required in the procurement of goods/services; i. do not get listed in black;

j. have a fixed address and clear and reachable by post; and k. signed a Pact of integrity before the implementation of the procurement of goods/services electronically initiated.
(3) the provider of the goods/services of the person, the individual must satisfy the requirements referred to in subsection (1) unless the letter g.
(4) goods/Services Provider participation raises conflict of interest prohibited became providers of goods/services.
CHAPTER IV RELATIONSHIP TATA WORK Article 13 (1) of the Ministry of forestry LPSE Manager establish a working relationship with the PA/KPA, PPK, Committee of procurement/Procurement Officials in ULP, the Environment Ministry of forestry. (2) the person who manages LPSE LKPP coordinate with the Ministry of forestry.

Article 14 (1) the working relationship with the Ministry of forestry LPSE Manager PA/KPA, PPK, and Procurement/ULP Committee, comprising: a. granting technical support relating to public procurement and the plan reflects the announcement of national procurement Portal Pengadaaan;
b. coordination and consultation in the framework of the completion of the technical problems of the process procurement of goods/services electronically;
c. reporting report data processing results SPSE (e-reporting) associated with the process of procurement of goods/services electronically; and d. receipt of inputs for the improvement of the services provided by the Ministry of forestry LPSE Units.
(2) the activities of the Coordination with the Ministry of forestry LPSE Manager LKPP, among others: a. consultation relating to the procurement of goods/services electronically; and b. data and goods/services procurement information electronically.
Chapter V the MECHANISM and PROCEDURE of article 15 (1) of the Ministry of forestry LPSE Managers establish and implement mechanisms and work procedures in organizing the system of procurement of goods/services electronically.
(2) the mechanisms and procedures referred to in subsection (1) at least the following: a. the registration and verification of User SPSE;

b. the SPSE user services;

c. handling problem (error handling);

d. maintenance and security infrastructure SPSE;

e. maintenance and performance and capacity SPSE; and f. electronic document archiving (backup files).
Part I Registration and verification of User SPSE article 16 (1) the substance of the mechanism and procedure of registration and verification of User SPSE as stipulated in article 15 paragraph (2) letter a compulsory meet the requirements and the following stages: a. For goods/services Providers: 1. Register online via the SPSE applications;
2. Fill out and submit the registration form as well as the entry form with the enclosed copies of the supporting documents and show the original documents consist of: a) Director/owner of the company ID/the competent authority in the company;
b the deed of Establishment and Companies) Act recent changes (if any);
c Tax Payer) number (NPWP) business entity/person in charge of the company for the individual company, or individual for individual goods/services providers; and d) Business Licence in accordance to their respective businesses.
b. for users other than the SPSE goods/Services Provider, shows the original copy and submit a letter of assignment and/or the decision letter of the respective agencies.
(2) Verification to providers of goods/services are activities examination of truth reporting documents as required in subsection (1) a grain of a number 2 with the goal of identity authentication providers of goods/services associated with the User ID and Password as a representation of the person in charge of a business entity, the individual/company or individual.
(3) the Ministry of forestry LPSE Manager does not need to add a registration requirement other than those regulated in paragraph (1) of this regulation.
(4) the Ministry of forestry LPSE Manager need not perform the inspection field.

(5) the verification process does not negate the charging process, the qualification data delivery by goods/services provider and clarification of data qualified by the Committee of procurement/Procurement process in ULP goods/services.
(6) the form referred to in subsection (1) letter a number 2 can be obtained on application SPSE.
(7) the user SPSE goods/services providers other than that referred to in paragraph (1) letter b is ULP/Procurement Officials, PPK, auditors, or other entities set out in the terms and conditions of use of the SPSE.
The second part of article 17 use of Service LPSE LPSE Manager Ministry of forestry provides: 1. Room service revenue deals (bidding room), training and verification.
2. Access to the internet and/or intranet for SPSE users visiting the site LPSE Ministry of forestry.
3. use of the consulting service of the SPSE over the internet, phone calls and visits to the Ministry of forestry LPSE location.
4. Announcements or information to users if the SPSE is facing a technical problem that may inhibit the activity of use SPSE.
The third part of handling the problem (Error Handling) Article 18 (1) of the Ministry of forestry LPSE Manager handle technical problems occurred in implementing SPSE.
(2) the person who manages the Ministry of forestry LPSE witness in terms of bidding documents cannot be opened by the ULP/Procurement Officials and pouring in the news show's testimony.
(3) the Ministry of forestry LPSE Manager can forward the technical barriers to LKPP if concerned with: a. the application problems of the SPSE that cannot be solved by the Ministry of forestry LPSE Units. b. problems that have not been covered in the application of SPSE.
The fourth part maintenance and Security Infrastructure LPSE article 19 (1) of the Ministry of forestry LPSE Manager make the mechanism of management and security servers and networks.
(2) management of the server management standard SPSE refers to data center (data center).
(3) the settings of the server space SPSE, among others, pay attention to the conditions of room temperature, backup power supply and physical security.
(4) all visitors who enter the server room area must get permission from the competent authority at the Ministry of forestry LPSE Manager.
(5) the management server SPSE should pay attention to the aspects that make it easy to maintenance activities such as monitoring, documentation and data storage.
Part five Maintenance performance and Capacity SPSE article 20 (1) of the Ministry of forestry LPSE Manager performs daily monitoring against the condition and capacity of the hard drive and RAM, and perform the replacement/addition if the components undergo critical conditions.
(2) the Ministry of forestry LPSE Manager makes internet bandwidth settings and monitoring of traffic.
(3) the Ministry of forestry LPSE Manager performs monitoring an internet connection server SPSE and immediately took the necessary steps in case of interruption of the connection.
(4) the Ministry of forestry LPSE Manager gives the announcement if it were doing server maintenance process SPSE and/or other devices.
(5) the Manager monitors the performance of the Ministry of forestry LPSE software, hardware and networks, as well as make improvements/replacements/additions if necessary.
(6) the Ministry of forestry LPSE Manager grant access to the monitoring server to perform LKPP SPSE.
The sixth part of Archiving electronic documents (File Backup) clause 21 (1) of the Ministry of forestry LPSE Manager should do a backup file to the system and data base SPSE.
(2) the Backup should be stored in a storage medium that is easily moved (portable) and put in a safe place and separate from the server room.
(3) provision of archiving electronic documents follow the applicable provisions.
Article 22 further Provisions regarding the management of the institutions of the goods/services Procurement Electronically in an environment of the Ministry of forestry, set up by the Secretary-General.

CHAPTER VI miscellaneous PROVISIONS Article 23 (1) of the exchange of electronic documents in order goods/services procurement electronically in an environment of the Ministry of forestry, is implemented with the following conditions: a. the process of e-procurement at the Environment Ministry of forestry is carried out through the Ministry of forestry LPSE portal;
b. User ID and passwords of all users of the system e-procurement at the Environment Ministry of forestry is a representation of the user and to all associated activities in e-procurement;
c. User ID and Password as referred to in subparagraph b of all associated electronic documents sent to the e-procurement system so that it is recognized as one of the components which confirms that document;
d. electronic document Authentication in the implementation of e-procurement use methodology that generates MD5 fingerprint (hash key) that is unique for each electronic document; and e. in terms of goods/services provider has given approval and provide a statement that electronic documents are submitted in accordance with document received by e-procurement systems based on hash key derived from the methodology of MD5, then the provider is considered to have signed these documents electronically.
(2) the entire electronic document as referred to in paragraph (1) of the letters c and d can be enforced the same as a written document, unless the document that should be made in writing, refers to the law number 11 Year 2008 of the information and electronic transactions.
CHAPTER VII PROVISIONS COVER Article 24 this Ministerial Regulation comes into force on the date specified.

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 23 February 2012, the INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN Enacted in Jakarta on February 28, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN * not yet in the form of loose sheets fnFooter ();