The Regulatory Agency For Meteorology, Climatology And Geophysics Kep07 Numbers In 2012

Original Language Title: Peraturan Badan Meteorologi,Klimatologi,dan Geofisika Nomor KEP07 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50a86a2620ba89313233303033.html

BN 917-2012. doc REPUBLIC INDONESIA No. 928, 2012 Agency for meteorology, CLIMATOLOGY and GEOPHYSICS. The Completion Of The Country's Losses. The procedure. HEAD REGULATORY AGENCY FOR METEOROLOGY, CLIMATOLOGY AND GEOPHYSICS NUMBER KEP. 07 in 2012 ABOUT the COMPLETION of the COUNTRY'S LOSSES in the ENVIRONMENT Agency for meteorology, climatology and Geophysics with the GRACE of GOD ALMIGHTY HEAD of Agency for meteorology, climatology and Geophysics, Considering: a. that the country's wealth management is a task that must be carried out carefully, thoroughly, and use professional administration system in accordance with the applicable provisions as well as supported by the staffs of professional management, in order to avoid the incidence of losses to the State; b. that in wealth management countries either directly or indirectly made possible the occurrence of negligence and tort law which resulted in the incidence of losses to the State, so that compulsory attempted settlement; c. that based on considerations as referred to in letter a, letter b, and need to set the regulatory Agency Heads about the completion of the country's Losses in the Environment Agency for meteorology, climatology and Geophysics; www.djpp.depkumham.go.id 2012, no. 917 2 Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286); 2. 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); 3. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400); 4. Act No. 31 of 2009 about meteorology, climatology and Geophysics (State Gazette of the Republic of Indonesia year 2009 Number 139, an additional Sheet of the Republic of Indonesia Number 5058); 5. Government Regulation No. 14 of 2005 about the procedures for removal of accounts receivable of State/region (State Gazette of the Republic of Indonesia Number 31 in 2005, an additional Sheet of the Republic of Indonesia Number 4488) as amended by the Government Regulation Number 33 in 2006 (State Gazette of the Republic of Indonesia Number 83 in 2006, an additional Sheet of the Republic of Indonesia Number 4652) 6. 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 the Government Regulation Number 38 in 2008 (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855); 7. Government Regulation Number 60 in 2008 about the internal control System of Government (SPIP) (State Gazette of the Republic of Indonesia Number 127 in 2008, an additional Sheet of the Republic of Indonesia Number 4892); www.djpp.depkumham.go.id 2012, no. 917 3 8. Government Regulation Number 53 in 2010 about the discipline of civil servants (State Gazette of the Republic of Indonesia Number 74 in 2010, an additional Sheet of the Republic of Indonesia Number 5135); 9. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of the budget of the State Expenditures and Revenues as it has been modified several times, the last by Presidential Decree Number 72 in 2004; 10. Presidential regulation Number 61 in 2008 about the Agency for meteorology, climatology and Geophysics; 11. The CPC Regulation number 3 of 2007 about the procedures for the settlement of Damages Against State Treasurer; 12. The decision of the head of the Meteorological and geophysical Agency Number KEP. 003 in 2004 about the Organization and the Work of the Academy of Meteorology and Geophysics; 13. The decision of the head of the Meteorological and geophysical Agency Number KEP. 005 in 2004 about the Organization and the Work of the great Hall of meteorology and Geophysics, meteorological station, the station climatology and Geophysics station, as amended by regulation the head of Geophysical and Meteorological Agency Number 007/PKBMG. 01/2006; 14. The decision of the head of the Meteorological and geophysical Agency Number KEP. 006 in 2004 about the Organization and governance of Global Atmospheric Station Work; 15. Regulation of the Minister of finance Number 134/FMD. 06/2005 on the guidelines in the implementation of STATE BUDGET Payments; 16. Regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and Pemindahtanganan State-owned Goods; 17. the head of the Regulatory Agency for meteorology, climatology and Geophysics Number KEP. 003 in 2009 about the Organization and governance of employment agency for meteorology, climatology and Geophysics; www.djpp.depkumham.go.id 2012, no. 917 4 decide: define: HEAD REGULATORY Agency for meteorology, climatology and Geophysics of SETTLEMENT of LOSSES of STATE ENVIRONMENTAL AGENCY on meteorology, climatology, and GEOPHYSICS. CHAPTER I GENERAL PROVISIONS article 1 in this Regulation, the Agency's head is: 1. The losses the State is short of cash, securities, and/or goods, is real and definite number, as a result of the tort, whether intentional or negligent. 2. The Treasurer in the Environment Agency for meteorology and Geophysics Klimatogi, hereinafter called the Treasurer, was appointed clerk and was appointed by the Agency Head to receive, store, pay/deposit money or securities or goods of the country. 3. Implementing the management of State-owned Goods is the designated officer and appointed by the head of the Agency to manage state-owned Goods on a unit of work in Environment Agency for meteorology, climatology, and geophysics. 4. Civil Affairs officers of the Agency for meteorology, climatology and Geophysics hereinafter abbreviated as CIVIL SERVANTS are those who after fulfilling the conditions defined in the regulation militate-invitation, appointed by the competent authority and delegated tasks in an Office of the country or other Countries, the task was assigned based on laws and regulations that apply and are hired according to the legislation in force. 5. Demands for Compensation, hereinafter abbreviated SE, is a process that is done to CIVIL SERVANTS not Treasurer and/or third parties to sue for reimbursement for a loss suffered by a State as a result directly or indirectly from an act against the law. 6. The country's Peacefully Loss Settlement is an attempt to gain back the refund entirely over the losses suffered by the State in the shortest-in short, both held in cash or with mengangsur. www.djpp.depkumham.go.id 2012, no. 917 5 7. Statement of his Country's next Loss Returns abbreviated SPKMKN is a form of the statement can not be pulled back made by CIVIL SERVANTS is not the Treasurer and/or third party stating its capacity and/or recognition that it concerned the State liable for damages which occur and are willing to indemnify the State in question. 8. Absolute Liability Certificate, hereinafter abbreviated to SKTJM, is affidavits stating the ability and/or recognition that concerned the State liable for damages which occur and are willing to indemnify the State in question. 9. The imposition of a temporary Decree is a decree issued by the head of the Agency about the imposition of a temporary replacement for any damage the country as a base to carry out the guarantee of sita. 10. Decree setting of time limits, hereinafter called SK-PBW, was the decree issued by the CPC about giving a chance to the Treasurer to file an objection or defense yourself over the demands of State indemnity. 11. Registration Decree is a decree issued by the CPC about the process of prosecution of cases of loss of State temporarily cannot continue. 12. Decree Imposition is a decree issued by the CPC that has force of law final about the imposition of indemnity against the State Treasurer. 13. the Decree of liberation is a decree issued by the CPC about the liberation of the Treasurer of the duty to indemnify the State because there is no element of tort either deliberately or negligent. 14. Removal of the lack of money is a series of activities and efforts to eliminate from the Treasurer the money stolen, darkened or missing outside errors/omissions Treasurer concerned. 15. Approval of removal of a lack of money from the Treasurer, is a consent given by the Head of the Agency's Main Secretary. q c, to eliminate the money stolen, darkened, or missing outside errors/omissions Treasurer. www.djpp.depkumham.go.id


2012, no. 917 6 16. Counteraction Balance difference between the books and the cash balance which hereafter Counteraction Difference is the set of activities and efforts to abolish the difference between the book and the balance of the cash balance which can not be immediately closed at the Treasurer (Treasurer substitute) that occurs because of errors/omissions Treasurer. 17. The approval of the Counteraction difference between book and cash balance balances is an approval given by the Head of the Agency's Main Secretary. q c, to abolish the difference between the book and the balance of the cash balance of the administration of the Treasurer. 18. Daluwarsa is the period of time that caused suicide of right to do SE against the perpetrators of the country's losses. 19. Barcelona/tort is not fulfilled the Covenant as contained in SPKMKN. 20. Neglect is ignoring something should do or not do the obligation. 21. The sanctions is the Act of forcibly imposed against the perpetrators of the country's losses because the concerned player or unlawful or negligent. 22. Liability Renteng liability is carried out jointly by the people/parties involved in acts that harm the country. 23. State of kahar (Force majeure) are circumstances beyond human abilities allegations/resulted in losses of State proved, stated from the authorized agencies, so there is no element of omission/mistake someone over the occurrence of such damages. 24. The settlement Team Losses the country, hereinafter abbreviated TPKN, is a team that handles the settlement of losses of State appointed by the head of the Agency. 25. The beneficiary is a family member legally get inheritance. 26. A third party is a partner/associate/honorary/individual and other parties that carry out the jobs in the Agency for meteorology, climatology and geophysics. 27. the Agency for meteorology, climatology and Geophysics Agency hereinafter referred is a Non Governmental Ministry responsible in the field of meteorology, climatology, and geophysics. 28. The head of the Agency is the head of the Agency for meteorology, climatology, and geophysics. www.djpp.depkumham.go.id 2012, no. 917 7 29. The main Secretary is the Secretary's Principal Agency for meteorology, climatology, and geophysics. 30. Inspectorate Inspectorate is the Agency for meteorology, climatology and geophysics. 31. The head of the unit of work/UPT is the leader of a unit of Echelon Echelon unit I/II at the central level and/or technical environment Implementing Agency for meteorology, climatology and Geophysics, who manages the finances. CHAPTER II AIMS and OBJECTIVES of article 2 of the regulation of the head of Agency for meteorology, climatology and Geophysics of Settlement of losses the State is intended as a reference to complete loss of the State done by the Treasurer, the PNS is not the Treasurer, and/or third parties. Article 3 of the regulation of the head of Agency for meteorology, climatology and Geophysics Of Settlement of losses of State Environmental Agencies in meteorology, climatology and Geophysics aims to: a. return the losses to a country that has occurred; b. creating an orderly administration of the finances of the State; and c. creates discipline and responsibility of the Treasurer, CIVIL SERVANTS are not the Treasurer, and/or third parties to manage the finances of the country and/or State-owned Goods. CHAPTER III SCOPE of article 4 of the regulation of the head of the agency regulating the procedures for the settlement of damages the country based on the inspection results of the CPC or the Inspectorate against the Treasurer, CIVIL SERVANTS are not the Treasurer, and/or third parties at the Environment Agency. www.djpp.depkumham.go.id 2012, no. 917 8 CHAPTER IV SETTLEMENT of LOSSES AGAINST CIVIL SERVANTS NOT the TREASURER and/or THIRD PARTY Part One General article 5 of every CIVIL SERVANT is not the Treasurer and/or third parties who perform deeds/activities/negligence based on the inspection results of the CPC or the Inspectorate resulted in losses to the State, either directly or indirectly, are obliged to indemnify thereof and is subject to penalties as provided for in the legislation. Article 6 (1) the State Losses caused by: a. tort law or dereliction of duty committed by CIVIL SERVANTS is not the Treasurer and/or third parties; b. State of kahar. (2) in tort or negligence of CIVIL SERVANTS is not the Treasurer as referred to in paragraph (1) letter a, in the form of: a. the misuse of goods, money or securities belonging to the State; b. possess, sell, pawn, rent, lend, removing, destroying documents, securities and/or State-owned goods unlawfully; c. perform alone or together with friends, colleagues, subordinates, or third parties inside or outside the work environment using the wealth of the country with the aim of seeking profit yourself and/or others and/or corporation directly or indirectly; d. abuse of authority or Office; e. do not keep state secrets or confidential position properly, so that the secret be known to the other party; f. do not perform at their best with limited third party so that spared from the obligation to pay to the State; g. do not store and watched specifically against goods that are considered attractive are categorized into or authorize its use or the scope of the duties of CIVIL SERVANTS is not the Treasurer; www.djpp.depkumham.go.id 2012, no. 917 9 h. did not heed, do not pay attention, do not take a stance, at the time know the lost or damaged documents, securities or goods; i. decisions or actions are not appropriate legislation so that there is a party which is aggrieved and demanding to the State; j. errors occurred that resulted in payments to which no right; k. error in create and sign a contract that resulted in losses to the State; b. benefit errors or omissions of the other party; m. errors or omissions in the procedure of procurement of goods/services which resulted in the loss of the State; n. omission in creating accountability. (3) tort or negligence by a third party as referred to in paragraph (1) letter a, in the form of: a. tort such as: 1. counterfeit goods sold to countries; 2. billing document forgery to the State; and/or 3. embezzlement of goods/money belonging to a country that is becoming his responsibilities. b. contract against arsenal; and/or c. failure in taking care of/maintaining goods/money belonging to the State the responsibility of third parties. The second part of the determination of the amount of State Losses and actors article 7 (1) the determination of the amount of State losses calculation based on the amount of losses that inevitably suffered by the country. (2) the loss of the State referred to in paragraph (1) may include: a. motor vehicles, official market price determined by a decree of the Governor of the local at the time; b. equipment/household items/goods Office belonging to other countries, established based on the market price of the goods according to the type of the same specification, at the time the goods are lost by taking account of the depreciation of a maximum of 10% (ten percent) per year with the condition of the goods the lowest minimum of 20% (twenty percent) of the price estimates; and www.djpp.depkumham.go.id 2012, no. 917 10 c. building, established based on the standard prices taking into account depreciation according the decision of the head of the Agency: public works at the time of the incident. Article 8 (1) the determination of the loss of State offender must clearly contain: a. the identity of the perpetrator; b. staffing status/status of the offender in question; c. elements of the fault the perpetrators. (2) the elements of the alleged errors referred to in subsection (1) the letter c, which resulted in losses of State include: a. the act directly include stealing, embezzling money, damaging State Property, Goods or pay more to third parties, or pick a country suffers losses; b. the Act indirectly, such as direct supervisor has been negligent in its work so as to facilitate/allows employees or third party cheating so that result in losses to the State, and against committed SE in renteng responsibilities. The third part of the Implementation Mechanism of settlement of Losses the country article 9 (1) TPKN collecting and verifying the results of the follow-up inspection of the CPC and the Inspectorate unresolved penyelesaikannya by Inspectorates and/or Kedeputian/Unit Secretary. (2) the number of sets and actors TPKN harm Countries that have to be resolved. (3) any loss of State well done by CIVIL SERVANTS instead of Treasurer, and/or any third party resulting from acts against the law or dereliction of duty have to be solved by peaceful means. (4) completion of the Losses of the State by CIVIL SERVANTS is not the Treasurer and/or third parties peacefully can be done by cash or diangsur. (5) the time limit for the completion of the country's Losses by means of diangsur for CIVIL SERVANTS is not the Treasurer and/or third parties the longest 24 (twenty-four) months from the determination of the imposition by TPKN. www.djpp.depkumham.go.id


2012, no. 917 11 (6) Peaceful Settlement is done by making SPKMKN for CIVIL SERVANTS is not the Treasurer and/or third parties. (7) SPKMKN as referred to in paragraph (2) lists the amount of losses made by the country definitively by known by direct superiors. (8) if the loss the country has paid off by CIVIL SERVANTS instead of Treasurer, and/or third parties in accordance with the SPKMKN, then to PNS is not the Treasurer, and/or the third party in question is not subject to SE. Article 10 (1) based on SPKMKN, the PNS is not the Treasurer/third party is obligated to indemnify the State by way of a deposit in cash to the State Treasury within no later than 7 (seven) working days since the determination of the imposition by TPKN. (2) if within a period of 7 (seven) working days referred to subsection (1) above has been exceeded PNS is not the Treasurer does not indemnify the State in cash, make a request to the Treasurer TPKN salary income deductions to do at least 50% (fifty percent) of each month until it is paid off. (3) if within the period of 7 (seven) days as referred to paragraph 1 above has been exceeded and the third party does not indemnify the State in cash, charging as much as rework TPKN 2 (two) times 7 (seven) working days. (4) If after the third, third party billing does not indemnify the State by way of a deposit in cash to the State Treasury, then TPKN will submit the resolution of the country's losses to law enforcement officials. Article 11 (1) If a CIVIL SERVANT is not the Treasurer is not willing to sign the SPKMKN, then in a period no later than fourteen (14) working days since the rejection of the signing SPKMKN, TPKN proposed determination of SE to Head the Agency. (2) the proposed determination of SE by the results the examination conducted by the external oversight apparatus or apparatus of internal oversight of the Government. Article 12 in the event, the third party is not willing to sign the SPKMKN, then in a period no later than fourteen (14) working days since the rejection of the signing SPKMKN, TPKN propose to www.djpp.depkumham.go.id 2012, no. 917 12 the head of the Agency in order for the settlement of the loss of State handed over to law enforcement officials. Article 13 (1) the head of the agency decision set the imposition against CIVIL SERVANTS not SE Treasurer and/or mail Pelimpahan the completion of the country's Losses to third parties to the law enforcement officers no later than fourteen (14) working days as of receipt of the proposal since the determination of the SE/Pelimpahan the completion of the country's Losses from TPKN. (2) the head of the Agency delivered a letter decision as referred to in paragraph (1) to the CPC, no later than fourteen (14) working days since the Decree set. Article 14 (1) in the case of the head of the agency specifying the imposition of SE to CIVIL SERVANTS not Treasurer, then the corresponding to obligatory indemnify the State by way of deposit by cash selambat the latest 7 (seven) working days since the determination of loading SE through the acceptance of the Treasurer by using Letters instead of Tax Deposit (SSBP). (2) if within a period of 7 (seven) working days referred to in subsection (1) has been exceeded and the CIVIL SERVANTS is not the Treasurer does not indemnify the State in cash, ask the Principal Secretary KPPN to carry out the maximum deduction of 50% (fifty percent) of salary each month until paid off. (3) If a CIVIL SERVANT is not the Treasurer retired, then in Certificate Termination payment (SKPP) noted that the concerned still had debts to the State and its right to be taken into account that Taspen to indemnify the State in question. (4) When CIVIL SERVANTS not Treasurer flees, or died while in question has not completed a debt to the State, the head of the State Agency grant settlement losses to the State agency that handles State receivables and/or law enforcement officers. CHAPTER v. SETTLEMENT of LOSSES AGAINST STATE TREASURER of article 15 (1) information about the losses of the State against the Treasurer can be known from the results: www.djpp.depkumham.go.id 2012, no. 917 13 a. inspection of the CPC; b. oversight apparatus functional supervision; c. monitoring and/or notice a direct supervisor or the head of a work Unit Treasurer/UPT; and/or d. calculation of the ex-officio. (2) the information referred to in subsection (1) serve as the basis for a work Unit Head/UPT in conducting follow-up to indemnify the State. Article 16 (1) When deemed necessary, the head of the unit of work/UPT can form an Ad Hoc Team to complete the country's losses that occurred on a work unit/UPT is concerned. (2) Ad Hoc Team referred to in subsection (1) do the data collection/information and verification of the loss of the State based on assignment of Work Unit Head/UPT. (3) the head of a unit of work/UPT reported implementation of Ad Hoc Team referred to in paragraph (2) to the head of the Agency with copy to TPKN for further processing. Article 17 in case the Treasurer under the pardon/misadventure remains/escape/died, the head of the unit of work/UPT undertake precautions and do the calculation was ex-officio. Article 18 (1) the head of a unit of work/UPT obliged to report any loss of State to Head the Agency and inform the CPC no later than 7 (seven) working days after the loss to the country. (2) the notice referred to in subsection (1) is fitted at least with news of the proceedings of the cash/Barang. (3) the head of a unit of work/UPT mandatory convey photocopying the reports referred to in paragraph (1) to the leadership Echelon unit I in question are tiered. Article 19 Chiefs immediately commissioned TPKN to follow up each case losses of the country no later than 7 (seven) days from receiving the reports referred to in Article 18. www.djpp.depkumham.go.id 2012, no. 917 14 article 20 (1) Settlement Team Losses the country collecting and verifying supporting documents reports as referred to in article 18. (2) the State Losses Settlement Team noted the loss of the country in the list of the country's losses. (3) in order to complete the verification, TPKN can coordinate with Public Bureaus. (4) a settlement Team Losses the country must complete verification as referred to in paragraph (3) within a period of not longer than 30 (thirty) days since acquiring the assignment of head of the Agency as referred to in article 19. Article 21 (1) during the process of research, the Treasurer was released from a stint as Treasurer. (2) the mechanism of pembebastugasan and the designation of the substitute Treasurer is designated in accordance with the applicable provisions. Section 22 (1) Settlement Team Losses the country reporting the results of the verification in the verification Reports to the head of the State Agency's Losses. (2) Report the results of the verification of the loss of the State referred to in paragraph (1) is submitted to the Chair of the CPC no later than 7 (seven) days from received from TPKN equipped with supporting documentation through a letter signed by the head of the Agency. Article 23 on the basis of the CPC's letter stating that the results of the examination of the report of the results of the verification of the loss of the State done CPC turns out there was no tort either negligent or deliberately, the head of the Agency ordered TPKN to erase losses and pull out of the State in question from the list of losses of State Agency for meteorology, climatology, and geophysics. Article 24 in the event that the results of the examination of the report of the results of the verification of the loss of the State done CPC proved there is a tort in negligence or intentionally, the head of the Agency told TPKN to intervene so that the Treasurer is willing to make and sign the SKTJM later than 7 (seven) days after receipt of a letter from MR. www.djpp.depkumham.go.id 2012, no. 917 15 Article 25 (1) in case the Treasurer signed SKTJM, which concerned compulsory surrender the collateral whose value is equal to the amount of State losses to TPKN, in the form of the original documents be either: a. a letter of capitulation of the guarantee; b. proof of possession of the goods and/or other wealth on behalf of Treasurer; and c. the power of attorney to sell and/or dilute the goods and/or other riches from the Treasurer. (2) the head of a unit of work/UPT to and in the name of saving the document original TPKN as referred to in paragraph (1) and is responsible for the document is kept. (3) SKTJM which has been signed by the Treasurer cannot be withdrawn. (4) the power of attorney to sell and/or dilute the goods and/or property that is pledged as referred to in paragraph (1) letter b applies after the CPC issued the Decree of loading. Article 26 (1) indemnity the State made in cash no later than 40 (forty) working days since the SKTJM was signed. (2) in case the Treasurer has indemnify the State referred to in paragraph (1), proof of ownership of the goods return TPKN and selling power of Attorney referred to in Article 24. (3) in the case of implementation of the refund as referred to in paragraph (2) may not be exercised by TPKN, TPKN can ask the head of the unit of work/UPT for and on behalf of the proof of ownership of the goods return TPKN and power of attorney to sell as stipulated in article 25. Article 27 (1) in the framework of the implementation of the SKTJM, the Treasurer can sell and/or disburse the pledged property as stipulated in article 24, paragraph (4) after the approval and under the supervision of TPKN. (2) in terms of the supervision referred to in subsection (1) may not be exercised by TPKN, TPKN can ask the head of the unit of work/UPT to and on behalf of TPKN oversees sales and or disbursement of property referred to in subsection (1). www.djpp.depkumham.go.id


2012, no. 917 16 Article 28 (1) Settlement Team Losses the country reporting the results of settlement of losses the country through SKTJM or a waiver are willing to indemnify the State to Head the Agency. (2) the head of the Agency to notify the results of settlement of losses the country through SKTJM or a waiver are willing to indemnify the State referred to in paragraph (1) to the CPC no later than 7 (seven) days from receiving the report TPKN. Article 29 in case the Treasurer has indemnify the State as referred to in article 26, the head of the Agency told TPKN so that cases of loss of State kicked off the list of State losses based on a letter of recommendation from the CPC. Article 30 (1) in the event of cases of loss of State obtained upon examination conducted by examiners who work for and on behalf of the CPC and in the process of examination of the Treasurer is willing to indemnify voluntarily by basing on the provisions as referred to in article 25 to with article 29, the Treasurer to make and sign the SKTJM before the examiner who works for and on behalf of the CPC. (2) the examiner who works for and on behalf of the CPC submit SKTJM as referred to in paragraph (1) to the head of the Agency through TPKN for processing losses. Article 31 (1) in case SKTJM is not retrieved or can not guarantee the repayment of losses to the State, the head of the Agency issuing a Decree Temporarily the imposition of a period of 7 (seven) days since the Treasurer was not willing to sign the SKTJM. (2) the head of the Agency's imposition of Provisional Decree to notify to the CPC. Article 32 (1) the imposition of a provisional Decree has legal power to perform sita guarantee. (2) the Himura Kenshin Implementation assurance as referred to in paragraph (1) be filed by the head of the Agency to the agency that is authorized to perform the seizure of at least 7 (seven) days after publication of the imposition of a temporary Decree. www.djpp.depkumham.go.id 2012, no. 917 17 (3) in the case of filing sita guarantee as mentioned on paragraph (2) the head of the Agency bestows its to Head a unit of work/UPT where cases of loss of State occurs. (4) the Himura Kenshin Implementation assurance conducted in accordance with the provisions of the legislation. (5) the Himura Kenshin petitions Prior to the authorized agencies, the head of the unit of work/UPT can apply to establishments that are authorized to perform warranty against blocking. Article 33 (1) the head of a unit of work/UPT mandatory convey SK-PBW to Treasurer and asked the Treasurer to sign the receipt. (2) in case the Treasurer under the pardon/misadventure remains/escape/died, the head of the unit of work/UPT convey SK-PBW to Pengampu/acquire rights/beneficiary. (3) the receipt of the Treasurer/Pengampu/acquire rights/heirs conveyed to the CPC by the head of the unit of work/UPT at least 3 (three) working days since the SK-PBW accepted Treasurer/Pengampu/acquire rights/beneficiary. (4) the head of the Agency ordered TPKN to follow up on SK-PBW. Article 34 the Treasurer/pengampu/acquire rights/heirs can file objections over SK PBW to CPC within fourteen (14) working days after the date of receipt of the SK-PBW stated on the receipt as stipulated in article 33 with copy to the head of the Agency and the leadership Echelon unit I was concerned. Article 35 (1) if within 6 (six) months from the letter of objection of the Treasurer/Pengampu/acquire rights/the heirs received by the CPC, the CPC has yet to give an answer to the objections of the Treasurer, the head of the Agency ordered TPKN to inquire further over the case of the loss of the State in question. (2) in the case of the provisions has been conducting TPKN as referred to in paragraph (1), the head of the Agency could further memintakan the completion of cases of loss of State in question because the CPC has exceeded the time limit in providing answers to the objections of the Treasurer. www.djpp.depkumham.go.id 2012, no. 917 18 Article 36 (1) the head of a unit of work/UPT should convey the decision letter of the imposition to the Treasurer and asked the Treasurer to sign the receipt. (2) Decree of loading as referred to in paragraph (1) have the force of law which is final. (3) the head of the Agency ordered TPKN to follow up on the decision letter of effluent Loading as referred to in paragraph (1). Article 37 (1) based on the decision letter of the imposition of the CPC, the Treasurer of the State is obligated to indemnify by way of deposit in cash to the Treasury for a period of at least 7 (seven) days after receiving the decision letter of the imposition. (2) in case the Treasurer has indemnify the State in cash, then the property that had been confiscated was returned to the question. (3) the head of the Agency delivered a report to the CPC on the implementation of decision letter with evidence enclosed Imposition setor. Article 38 (1) a letter of Decision has the force of law for imposition of implementation of sita's execution. (2) the imposition of Decisions have the right Letters precede. Article 39 If within a period of 7 (seven) days as stipulated in article 37 has been exceeded and the Treasurer does not indemnify the State in cash, the head of the Agency handed over the management of the accounts receivable to the Committee for the Affairs of the State of the accounts receivable in accordance with the arrangements to be made in the field of management of accounts receivable of State. Article 40 During the auction process was implemented, cutting earnings received Treasurer of 50% (fifty percent) of each month until it is paid off. Article 41 (1) when the Treasurer does not have a property for sale or sale proceeds are insufficient to State indemnity, the head of the Agency sought a refund of the losses of the State through the lowest deduction of 50% (fifty percent) of the revenue each month until it is paid off. www.djpp.depkumham.go.id 2012, no. 917 19 (2) if the retired Treasurer, noted that in the corresponding SKPP still had debts to the State and Taspen accrues the Treasurer can be taken into account to compensate for the loss of the country. Article 42 (1) the resolution of the country's losses against the Treasurer as stipulated in article 15 to article 40 of the regulation the Agency Head, applies to the case of the loss of the State is known based on the calculation of the ex officio. (2) if the rights/pengampu/heir willing to indemnify the State voluntarily, is concerned to make and sign the affidavit are willing to indemnify the State as surrogate SKTJM. (3) the value of losses of State that can be charged to obtain the pengampu//beneficiary is limited to the wealth that he has managed or originating from the Treasurer. Article 43 to settle the difference between the balance books with cash balances due to the loss of the State, the head of the unit of work/UPT carry out activities in the framework of the completion of the Administration in the form of: a. the Elimination of cash-strapped from the Treasurer; and b. Counteraction Difference. Article 44 the accounting and financial reporting in the framework of the resolution of the country's losses against Treasurer implemented in accordance with Government accounting standards. Article 45 (1) the Treasurer assigned to indemnify the State can incur administrative sanctions and/or criminal sanctions in accordance with the legislation. (2) the head of a unit of work/UPT who do not carry out obligations as stipulated in article 19 paragraph (1) may be penalized in accordance with the legislation. Article 47 (1) the head of the Agency ordered TPKN to follow up the Registration Decree Effluent expelled MR. (2) the State Losses Settlement Team noted the loss of the State referred to in paragraph (1) to the list of losses of State Agency for meteorology, climatology, and geophysics. www.djpp.depkumham.go.id 2012, no. 917 20 Article 48 Settlement damages against State Treasurer was implemented in detail in accordance with the guidelines for the completion of the country's Losses against the Treasurer in the Environment Agency for meteorology, climatology and Geophysics as contained in Annex I of the regulation to the Agency Head. CHAPTER VI STATE LOSS SETTLEMENT TEAM of article 49 (1) for complete damages against State Treasurer, CIVIL SERVANTS are not the Treasurer and/or third parties in the Environment Agency for meteorology, climatology and Geophysics Agency Head, forming TPKN. (2) the establishment of the Head's decision based on defined TPKN Agency. (3) TPKN as mentioned on paragraph (1), consisting of: a. Principal Secretary as Chairman; b. Inspector as Vice Chairman; c. General Bureau Chief concurrently as Secretary of the members; d. the head of law firm and organization, Kasubag Administrative Inspectorate, head of the Department of finance, and Head Gear, as a Member; e. the Secretariat. (4) a settlement Team Losses the State is in charge of helping the head of the Agency in the process of settlement of losses against State Treasurer who pembebanannya will be set by the CPC. (5) in order to carry out its tasks as referred to in paragraph (1), TPKN organized functions for: a. losses of State case inventory is received; b. count the number of losses to the State; c. collect and verify evidence supporting that the Treasurer has done in tort either deliberately or neglect resulting in the occurrence of the loss of the State; d. inventory treasures belonging to the Treasurer, CIVIL SERVANTS are not the Treasurer and/or third parties that can be used as a guarantee for the completion of the country's losses; www.djpp.depkumham.go.id


2012, no. 917 21 e. complete loss of the country through SKTJM or SPKMKN; f. give consideration to Head the Agency about the country's losses as decision-making in determining the imposition of SE for Treasurer, CIVIL SERVANTS are not the Treasurer as well as pelimpahan to establishments that handle the accounts receivable and auction State or law enforcement for third parties; g. menatausahakan settlement of losses of State; and h. delivered a progress report to the head of State losses settlement Agency with copy submitted to CPC. CHAPTER VII the FINDINGS of LOSSES of STATE INSPECTION RESULTS that CANNOT BE ACTED UPON article 50 (1) the head of the Agency had the authority to specify the findings of losses of State inspection results of the CPC and the Inspectorate cannot be acted upon. (2) the determination of the loss of State inspection results findings the CPC that could not be followed up after the approval of the CPC. Article 51 (1) the criteria for setting the country's loss findings examination results of the CPC and the Inspectorate cannot be acted upon, among others: a. recommendations are Advisory; b. recommendations of the past that has been fixed; c. towards an agency that currently the Agency is no longer there; d. follow-up with regard to third parties who already broke up/bankruptcy/died or the address is not already clear, with proof of a valid; e. recommendations not supported by strong evidence; f. not previously discussed with the parties inspected; g. in charge has been inactive (retirement, death and/or unknown address again) with valid proof, except for findings that have not yet expired and already existing SE; and h. less material value and exceeds the limit expired. www.djpp.depkumham.go.id 2012, no. 917 22 (2) determination of findings examination that cannot be acted upon through the mechanism of discussions conducted by TPKN and poured in a news Event the determination of Findings of losses of State inspection results that are not Actionable. CHAPTER DALUWARSA VIII of article 52 (1) Treasurer, CIVIL SERVANTS are not the Treasurer, and/or third parties who do the errors or omissions can not be sued for damages if: a. after 5 (five) years since the losses are known; or b. after 8 (eight) years from the occurrence of the loss of State and does not do the prosecution. (2) the responsibilities of the beneficiary, pengampu, or other parties who acquire rights of Treasurer becomes clear when the 3 (three) years has elapsed since a court decision establishing the pardon to the Treasurer, or since Treasurer known fled or died is not notified by the competent authority of the country's losses. CHAPTER IX miscellaneous PROVISIONS Article 53 liability in respect of CIVIL SERVANTS, not the Treasurer the Treasurer, and/or third party to compensate for the loss of the State done by other parties, their implementation was done as done by the rights pengampu//heirs. Article 54 the results of an inventory of cases of loss of the State done by TPKN used by the Public Agency to update the database (the database) the loss of the country. Article 55 (1) the decision of a judge who dropped the sentence against a Treasurer, CIVIL SERVANTS are not the Treasurer, and/or third parties that have the force of law, can be used as evidence of tort either intentional or negligent in the process of State Indemnity claims. www.djpp.depkumham.go.id 2012, no. 917 23 (2) in terms of the value of the indemnity based on the State Court rulings that have the force of law remains, in contrast to the value of the country's losses in the decision letter of the imposition of a mandatory state returned, losses amounted to the value listed in the Decree of loading. (3) If execution has done over the Court ruling for the indemnity of the country by way of cash deposited to the country/region, the implementation of the Decree of loading calculated in accordance with the value of the replacement is already deposited into the State Treasury/area. Article 56 of each letter, the decision was made in accordance with, a report example as listed in annex II to this Regulation CHAPTER X PROVISIONS of article 57 of the regulation COVER the head of the Agency comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulatory agency Heads with its placement in the news of the Republic of Indonesia. Established in Jakarta on 6 September 2012 the HEAD of Agency for meteorology, climatology and Geophysics, SRI WORO B HARIJONO. Enacted in Jakarta on 12 September 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id