Presidential Regulation Number 84 In 2012

Original Language Title: Peraturan Presiden Nomor 84 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f5c658ae0b735313232303436.html

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Back COUNTRY SHEET Republic of INDONESIA No. 198, 2012 PRESIDENT REPUBLIC of INDONESIA REGULATION NUMBER 84 in 2012 ABOUT GOVERNMENT PROCUREMENT OF GOODS/services in the FRAMEWORK of the ACCELERATION of the DEVELOPMENT of the PROVINCE of PAPUA and WEST PAPUA PROVINCE with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that in order the acceleration of the development of Papua and West Papua Provinces, as well as to provide opportunities and a greater role to the orang asli Papua in government procurement of goods/services in territory of Papua Province and Papua Province The West needs to set some special exceptions from the provisions of government procurement of goods/services as set forth in the regulations of the President Number 54 in 2010 about Government procurement of goods/services, as it has twice changed the last presidential regulation Number 70 in 2012;
b. that based on considerations as referred to in letter a, the need to establish the presidential regulation concerning Government procurement of goods/services in the framework of the acceleration of the development of the province of Papua and West Papua Provinces;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 21 of 2001 on special autonomy for Papua Province (State Gazette of the Republic of Indonesia Number 135 in 2001, an additional Sheet of the Republic of Indonesia Number 4151), as amended by Act No. 35 of 2008 (State Gazette of the Republic of Indonesia Number 112 in 2008, an additional Sheet of the Republic of Indonesia Number 4884);
3. Presidential regulation Number 54 in 2010 about Government procurement of goods/services, as it has twice changed the last presidential regulation Number 70 in 2012 (State Gazette of the Republic of Indonesia Number 155 in 2012, an additional Sheet of the Republic of Indonesia Number 4626);
4. Presidential regulation Number 65 in 2011 about the acceleration of the development of the province of Papua and West Papua Provinces;
Decide: define: PRESIDENTIAL REGULATION CONCERNING GOVERNMENT PROCUREMENT OF GOODS/services in the FRAMEWORK of the ACCELERATION of the DEVELOPMENT of the PROVINCE of PAPUA and WEST PAPUA PROVINCES.
Article 1 in regulation this President, is: 1. Government procurement of goods/services, hereinafter referred to as the procurement of goods/services, is an activity to obtain goods/services by Ministries/Agencies/units of Work Device region/other Institutions the process starting from the planning requirements until the completion of the entire activity to obtain goods/services.
2. Acceleration of the development of the province of Papua and West Papua Provinces was the Government's policies and programs are conducted in a systematic, well-planned, scalable, and synergistically to accelerate the improvement of community welfare Papua Province and the province of West Papua.
3. Ministries/Agencies/units of Work Area/institution other Device, hereinafter called the K/L/D/I/institution agency that is using the budget of the State Expenditures and revenues and/or Budget revenues and Shopping area.
4. The provincial and/or district/city is the area which is included in the provinces of Papua and West Papua Provinces.
5. Procurement Services Unit, who then called the ULP, is a functioning Government organizational units carry out procurement of goods/services in the K/L/D/I which is permanent, it can stand alone or attached to existing units.
6. Procurement Officer is personnel who have Skills Certificate procurement of goods/services that carry out procurement of goods/services.
7. the Orang Asli Papua is a person who comes from a family of Melanesian race consisting of native tribes in the Provinces of Papua and West Papua Provinces and/or the person who accepted and recognized as the orang asli Papua New Guinea by indigenous peoples.
8. Local Entrepreneurs is the provider of the goods/services is/are owned orang asli Papua and domiciled/based in Papua Province or the province of West Papua.
9. Goods/Services Provider is an individual or business entity that provides goods/construction works/services/consultancy services etc.
Article 2 procurement of goods/services in the framework of the accelerated development in the provinces of Papua and West Papua Provinces, carried out on the basis of presidential regulation Number 54 in 2010 about Government procurement of goods/services, as it has twice changed the last presidential regulation Number 70 in 2012, except for the following provisions: a. procurement of goods Package/other services/construction work which is worth most Rp. 500,000,000.00 (five hundred million rupiah) can be implemented with Direct Procurement mechanism Nduga Regency, and Regency Yahukimo Regency Intan Jaya Regency Puncak Jaya Regency Puncak Regency Tolikora Regency Yalimo Regency Memberamo Central, Mountainous Regency Deiyai Regency Bintang Regency Dogiyai Regency Paniai, Jayawijaya Regency, and Regency Lani Direct Procurement mechanism Jaya can be done on the highest up to IDR 1,000,000,000.00 (one billion dollars).
b. Direct Procurement Mechanism referred to in letter a, can be done by the ULP or 1 (one) person, Procurement Officials and reserved only for the local businessmen who meet the qualification requirements.
c. Direct Procurement as referred to in subparagraph b, the determination of the goods/Services Provider announced publicly on the page (website) each local government official bulletin board and to the public.
d. in the event that local businessmen as stated on the letter b does not exist which are able to meet the qualification requirements, then conducted Public Auction methods that can be followed by all providers of goods/services, with the provision of goods/services Providers from outside the province and/or district/city must partner with local businessmen through the operating agreement/partnership.
e. in the case of procurement of goods/other services/construction work, which is worth up to Rp. 5,000,000,000.00 (five billion dollars), the selection of providers of goods/services performed by Public Auction, where prospective providers of goods/services from outside the province and/or district/city must partner with local businessmen through the operating agreement/partnership.
f. For the procurement of goods/other services/construction work worth up to Rp. 5,000,000,000.00 (five billion dollars), the local Employers are not required to meet the qualification requirements regarding basic capabilities.
g. For the procurement of goods/other services/construction work worth above Rp. 5,000,000,000.00 (five billion dollars), a working group on ULP/Procurement Officials should not prohibit, impede, and limiting the participation of prospective providers of goods/services from outside the province and/or district/city, by prioritizing that works closely with local businessmen.
h. For the procurement of goods/construction work/other services as stated on the letter g, when goods/services Providers from outside the province and/or district/city does not partner with local businessmen, then the provider of goods/services in question must be mensubkontrakan most of the work to local businessmen.
i. local businessmen who followed the direct Procurement is not required to have experience as a provider of goods/services within 4 (four) years, both in Government and private environment, including subcontracting.
a. in the event that there is no personnel who meet the requirements to be appointed as acting Commitment Makers, Procurement Officer/Committee/Working Group ULP, then have a certificate of expertise requirements procurement of goods/services can be replaced with a certificate of training procurement of goods/services.
Article 3 in the implementation of the procurement of goods/services as stipulated in article 2, a work by packaging policy of local government or unit of Work must be in favor to local businessmen.

Article 4 in the preparation of the plan of activities, the budget User/User Power budget: a. Reproduce activities conducted through swakelola.
b. set the packaging work that provides opportunities for Local Entrepreneurs running mates without neglecting the quality of the work.
Article 5 in the implementation of the procurement of goods/other services/construction work, not allowed to: a. use the orang asli Papua to be included in the management of the company without plays an active role in running the company's operations.
b. Reroute/mensubkontrakan to others illegally, in part or whole work.
Article 6 the Act referred to in article 5, subject to appropriate sanctions applicable provisions in the procurement of goods/services.

Article 7 to support the implementation of the procurement of goods/services in the Provinces of Papua and West Papua, Provincial Government and related institutions obliged to carry out activities that can enhance the human resources capacity of the orang asli Papua in the areas of procurement of goods/services.

Article 8 the arrangements referred to in article 2, article 3 and article 4, apply within performance of acceleration of development of Papua and West Papua Provinces.

Article 9 at the time the regulations come into effect then this President: a. contracts that have been signed based on presidential regulation Number 54 in 2010 about Government procurement of goods/services, as it has twice changed the last presidential regulation Number 70 in 2012, remain valid until the expiry of the agreement/contract.
b. the process of procurement of goods/services are underway and have not defined the winner, then adjusted by regulation of the President.
Article 10 of the regulation this President comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 17 October 2012 PRESIDENT Republic of INDONESIA,


Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 18 October 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();