National Development Planning Minister Regulation Number 6 In 2012

Original Language Title: Peraturan Menteri Perencanaan Pembangunan Nasional Nomor 6 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c510e977e6086d1313233323534.html

BN 891-2012. doc REPUBLIC INDONESIA No. 891, 2012 the MINISTRY of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY. Infrastructure Projects. The plan. Drafting. The Ordinance. REGULATION of the MINISTER of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD number 6 in 2012 ABOUT the PROCEDURES for the PREPARATION of a LIST of PLAN INFRASTRUCTURE PROJECTS with the GRACE of GOD ALMIGHTY MINISTER of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD, Considering: a. that in order to organise the functions of coordination, facilitation and implementation of construction, the Ministry of national development planning/national development Planning Agency can do a search of financing sources and abroad , as well as expenditure for development together relevant agencies, as well as facilitation and coaching against the activities of government agencies in the field of national development planning; b. that the infrastructure as one means of supporting development, the quantity and the quality needs to be improved through the acceleration of the provision of infrastructure; c. that the acceleration of the provision of the infrastructure as mentioned in subparagraph b, in accordance with the direction of fiscal policy and workable www.djpp.depkumham.go.id 2012, no. 891 2 directly by the Government or is encourage participation by business entities; d. that in order to carry out basic tasks and functions in the field of planning to encourage the participation of the business entities in the provision of infrastructure, need to draw up a list of infrastructure project plan; e. that based on considerations as mentioned in letter d, has set the rules of the State Minister for national development planning/national development Planning Agency Head No. 3 in 2009 about the procedures for the preparation of a list of Government Cooperation project plan with business entities in the provision of Infrastructure; f. that with any change of legislation related to the Government's Cooperation with the Agency's efforts in the provision of Infrastructure, the need to perfect the regulation of the Minister of national development planning/national development Planning Agency Head referred to in letter e; g. that based on considerations as referred to in the letter f, the need to set a regulation of the Minister of national development planning/national development Planning Agency Head of The drafting of a list of Plan infrastructure projects; Remember: 1. Presidential regulation Number 82 in 2007 about the national development planning Board; 2. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as it has been modified several times, the last presidential regulation Number 91 in 2011; 3. Presidential regulation Number 67 in 2005 about the Government's Cooperation with the Agency's efforts in the provision of Infrastructure as it has been modified several times, the last presidential regulation Number 56 in 2011; 4. Presidential Regulation number 5 in 2010 of the national medium term development plan 2010-2014; www.djpp.depkumham.go.id 2012, no. 891 3 5. Regulation of the Minister of State for national development planning/national development Planning Agency Head Number PER. 005/URM.PPN/10/2007 about the Organization and the Work of the Ministry of State for national development planning/National Development Planning Agency; 6. Regulation of the Minister of State for national development planning/national development Planning Agency Head number 3 in 2012 about general guide the implementation of the Government's Cooperation with the Agency's efforts in the provision of Infrastructure; Decide: Define: REGULATION Of The MINISTER Of NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD On The PREPARATION Of A LIST Of PLAN INFRASTRUCTURE PROJECTS. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. The Central Government, which is hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 2. Business entity is a business entity in the form of a private limited liability company, State-owned enterprises (SOEs), the area owned enterprises (BUMD), and cooperatives. 3. The provision of Infrastructure is an activity that covers construction work to build or improve infrastructure and/or infrastructure management activities and/or maintenance of infrastructure in order to increase the benefit of the infrastructure. 4. Medium-term development plan, hereinafter abbreviated RPJM, is a planning document for the period of 5 (five) years. 5. A cooperation Project is Providing infrastructure that is done through the cooperation agreement or grant of Permission Granted between Minister/head of Agency/Head region with business entities. www.djpp.depkumham.go.id 2012, no. 891 4 6. A cooperation agreement is a written agreement for the provision of Infrastructure between the Minister/head of Agency/Head region with the specified business entities through public auction. 7. the person in charge of the project cooperation, hereinafter referred to as PJPK, is a Minister, the head of the institution, the head of the region and the President Director of State-owned enterprises/Regions in terms of laws-invitation concerning the sector in question stated that the provision of Infrastructure by the Government held or carried out by State-owned enterprises/regions. 8. register of infrastructure project plan is a document that contains the project plan of cooperation listed in the list of Priority Projects set by PJPK and his judgement has been made by the Minister of Planning to set up as a potential Cooperation Projects, Plans and/or Prospective Cooperation project plan, and/or project plans Ready Cooperation offered. 9. The list of Priority Projects is the document that contains the project plan the cooperation priorities set forth by PJPK. 10. plan Project Partnership is the infrastructure projects planned to be cooperated with Efforts to support the achievement of the targets of the RPJM indicated the recovery is able to generate fees. 11. Potential Cooperation project plan is a plan of cooperation Projects proposed by Minister/head of Agency/Head area to cooperated with the Agency and in accordance with the criteria set out in the regulation of the Minister. 12. A prospective Cooperation project plan is a plan of cooperation Projects have met the requirements as a prospective Cooperation Projects in accordance with the criteria set out in the regulation of the Minister. 13. A cooperation project plan Prepared to offer a cooperation Project is a plan that has met the requirements for the auctioned off in accordance with the criteria set out in the regulation of the Minister. 14. Prospective Initiator is a business entity shape of a limited liability company, State-owned enterprises (SOEs), the area owned enterprises (BUMD), foreign legal entities and cooperatives who proposed an initiative of Cooperation Projects to the Government or local government. 15. The preliminary Study Document is a document prepared by the PJPK the authors have implemented in the planning stages of the project Partnership. www.djpp.depkumham.go.id 2012, no. 891 5 16. Document preparation of a project document was prepared by PJPK the authors have implemented at the completion of the Project. 17. Document Prastudi Eligibility is a document prepared by the authors PJPK held on the stage of the transaction or by the Prospective Cooperation Project Initiator at the stage of approval of the proposed Project on the initiative of business entities in order to meet one of the requirements to obtain a letter of Approval to conduct a feasibility study of PJPK. 18. The head of the regional Governor for the provinces or Regent for district or Mayor for city areas. 19. the Minister/head of Agency is the leader of the Ministry/agency that the scope, duties and responsibilities include the kind of infrastructure that is set in a regulation of the Minister. 20. The Ministry/Institution is the Ministry of the State/Government institution non ministries. 21. Minister of national development planning/head of the national development planning board, hereinafter referred to as the Minister of planning, Minister of Government Affairs which hosts in the area of national development planning. 22. Minister of finance was the Minister who organized a Government Affairs in the field of finance and wealth of the country. 23. Government support is a fiscal or non fiscal contribution given by Minister/head of Agency/Head area and/or the appropriate authorities of the Minister of finance each based on laws and regulations in order to improve the financial feasibility of the project Partnership. 24. the financial compensation is a Government Guarantee and/or compensation in other forms provided by the Minister of finance to business entities through the risk sharing scheme for Project cooperation. Article 2 of the regulation of the Minister is intended to: a. be a guideline for the planning Minister to draw up a list of Infrastructure project plan; and b. be guidelines for Minister/head of Agency/Head Area in order to deliver the proposed project plan of cooperation. www.djpp.depkumham.go.id


2012, no. 891 6 CHAPTER II PLAN INFRASTRUCTURE PROJECTS LIST of article 3 (1) the Minister compiled a List and assign a project plan Infrastructure based on readiness Project Cooperation at each stage of implementation of Project co-operation. (2) the list of Infrastructure project plan referred to in subsection (1) is a list of Project Cooperation conducted through the cooperation agreement. (3) a list of Plan infrastructure projects referred to in paragraph (2) consists of: a. the potential Cooperation Projects; b. Prospective Cooperation Projects; and c. the project Ready Cooperation offered. Article 4 (1) a list of Plan infrastructure projects referred to in article 3 paragraph (1) are compiled every year by following the process of the preparation of the work plan of the Government. (2) the list of Infrastructure project plan is published to all stakeholders. Article 5 type of infrastructure that is contained in the list of project plan Collaboration consists of: a. the transportation infrastructure, including the kebandarudaraan, the provision of services and/or kepelabuhan services and infrastructure of railways; b. road infrastructure, including highway and bridge tolls; c. infrastructure of waterworks, a water carrier channels include raw; d. drinking water infrastructure which includes building water-taking raw, network transmission, distribution network, and the installation of drinking water treatment; e. infrastructure installation that includes sanitary wastewater processing, networking and a network of major collectors, and means of transport which include persampahan and place of disposal; f. telecommunications and informatics infrastructure, including telecommunications networks and infrastructure of e-government; www.djpp.depkumham.go.id 2012, no. 891 7 g. ketenagalistrikan infrastructure, including power plants, including the development of electric power that comes from the Earth's heat, transmission or distribution of electricity; and h. the infrastructure of oil and gas, including the transmission and/or distribution of oil and gas. CHAPTER III PROCEDURES for PROPOSING and DRAFTING a LIST of PROJECT PLAN is considered part of the INFRASTRUCTURE Plan Proposing article 6 (1) the Minister of the Interior conveyed to the Minister/head of Agency/Head Area to deliver the proposed project plan of cooperation that will be listed in the list of Project Infrastructure Plan. (2) on the basis of the letter referred to in subsection (1), the Minister/head of Agency/Head Region delivered a proposal for a Cooperation project plan for inclusion in the list of Project Infrastructure Plan to the Minister of planning. (3) the proposed Cooperation project plan referred to in subsection (2) are accompanied by statements regarding work units at the Ministries/Agencies or units of work on a regional government will be responsible for the planning, the preparation of the Cooperation Projects and transactions. The second part of the completeness of documents article 7 (1) of the proposed project plan the cooperation referred to in article 6 paragraph (2) are equipped with supporting documents. (2) supporting documents for Potential Cooperation project proposal consist of: a. a preliminary Study Document; and b. the Summary Sheet from the document Study introduction. (3) supporting documents for Prospective Cooperation project proposal consist of: a. the preparation of Project Documents of cooperation; and b. Sheet summary of the preparation of the Project Documents of cooperation. www.djpp.depkumham.go.id 2012, no. 891 of 8 (4) supporting documents for the project proposal Ready Cooperation Offered consists of: a. the eligibility Prastudi Documents; b. Summary Sheets of the document Prastudi Eligibility; and c. an affidavit of consent principle of Government support and/or guarantee of the Government when necessary. (5) the supporting documents referred to in subsection (2), (3) and (4) refers to the regulation of the Minister of the General Guidelines of the implementation of the Government's Cooperation with the Agency's efforts in the provision of infrastructure. Article 8 (1) the preparation of Project Documents as referred to in article 7 paragraph (3) a Preliminary study of Prastudi include the feasibility Study and Readiness. (2) Document Prastudi project feasibility of cooperation referred to in article 7 paragraph (4) a Final Feasibility Studies include Prastudi and draft plans the procurement of a business entity. (3) Draft procurement plan of the business entity as referred to in paragraph (2) contains things that are set in the legislation regarding Government Cooperation with business entities in the provision of infrastructure. The third part of the criteria and the assessment of the proposed article 9 of the proposed Cooperation project plan as a Potential Cooperation Projects as referred to in article 7 paragraph (2) must meet the criteria: a. compatibility with National/local RPJM and the infrastructure sector strategic plan; b. the suitability of the location of the project that will be cooperated with the Spatial Plan of the area; c. linkages and infrastructure antarsektor antarwilayah; and d. has had a Preliminary Study Document. Article 10 of the proposed Cooperation project plan as a prospective Cooperation Projects as referred to in article 7 paragraph (3) should meet the criteria: www.djpp.depkumham.go.id 2012, no. 891 9 a. economically feasible based on the analysis of the cost of social benefits; b. legal, technically feasible and financially based on the results of the completion of the Project which has been carried out; c. risk identification has been made and allocation; d. has been done identification of modalities/form of cooperation which will be used; e. have done identification needs Government support and guarantee of the Government, when necessary; and f. has been done identification of procurement needs land. Article 11 of the proposed Cooperation project plan as the project is ready to offer the cooperation referred to in article 7 paragraph (4) must meet the criteria: a. gain approval of PJPK for the project business entity on the initiative of Cooperation and agreement from stakeholders over the project Partnership; b. obtain certainty about the readiness Project cooperation, technical suitability, interest in the market, and the choice of forms of cooperation; c. have completed the analysis of the environmental impact documents; d. detailed design specifications have been compiled output; e. draft tariff structures have been compiled; f. financial model analysis has been conducted, the allocation and risk mitigation as well as the mechanism of granting of support and/or guarantee of the Government when necessary; g. draft procurement plan has been compiled business entities who have been considering: 1) of potential interest in a business entity in Cooperation Projects; 2) the reasonableness of the plan or schedule for the implementation of the procurement; and 3) the existence and the readiness of the procurement Committee. h. the draft provisions have been compiled a cooperation agreement. Article 12 (1) the Minister is Planning doing assessment of the proposed project plan of cooperation on the basis of the criteria referred to in article 9, article 10 and article 11. (2) based on the results of the assessment referred to in subsection (1), the Minister of planning of the infrastructure project plan to build the list. www.djpp.depkumham.go.id 2012, no. 891 10 Fourth Period part of the inclusion of Article 13 (1), the inclusion of a project period of cooperation as Potential Cooperation project plan in Project Infrastructure Plan Lists the longest 2 (two) years. (2) if within the period referred to in subsection (1), Potential Cooperation project plan has yet to be upgraded into a prospective Cooperation or project plan is ready to offer, then such Cooperation project is removed from the list of potential Cooperation project plan. Article 14 (1), the inclusion of a project period of cooperation as a prospective Cooperation project plan in Project Infrastructure Plan Lists the longest of three (3) years. (2) if within the period referred to in subsection (1), a prospective Cooperation project plan has yet to be upgraded into a cooperation project plan Ready to offer, then such Cooperation Projects was removed from the project plan Prospective Cooperation. (3) the provisions of the removal referred to in subsection (2) does not apply, in case there are changes in coverage over the Prospective Cooperation project plan. CHAPTER IV COOPERATION PROJECT PLAN PROPOSED on the INITIATIVE of BUSINESS ENTITIES Article 15 the Minister/head of Agency/Head Region delivered a project plan of cooperation on the initiative of Businesses that have completed the stage of fully assent to the Minister for planning for the proposed project plans Ready Cooperation offered. Article 16 Cooperation project proposal approval Stages on the initiative of business entity as referred to in article 15 is the assessment process by the PJPK over the Project Concept Document and document Prastudi prepared by the Candidate Eligibility Initiator. www.djpp.depkumham.go.id


2012, no. 891 11 Chapter V MONITORING of DEVELOPMENT COOPERATION PROJECTS which are LISTED in the LIST of PROJECT PLAN INFRASTRUCTURE article 17 (1) the Minister of the status of development of monitoring the progress of the project plans of cooperation listed in the list of Project Infrastructure Plan. (2) the Minister/head of Agency/Head Area conveys information about the development of project plan of cooperation to the Ministry of planning. (3) the results of the assessment of the status of progress of Cooperation Projects as referred to in subsection (1) is submitted to the Minister/head of Agency/Head Area to be used as input for the preparation of the work plan and budget in order to increase the status of the Project and/or proposing new projects of cooperation. CHAPTER VI TRANSITIONAL PROVISIONS Article 18 at the time of this Ministerial Regulation took effect: 1. projects listed in the list of project plan Infrastructure Government and private Cooperation which is set prior to the establishment of this Ministerial Regulation, remain valid. 2. A list of Plan infrastructure projects and private sector Partnership as referred to in subsection (1) must be adjusted to this ministerial regulation at the latest 1 (one) year since the ministerial regulation is enacted. CHAPTER VII CLOSING PROVISIONS article 19 at the time of this Ministerial Regulation comes into force, then the regulation of the Minister of State for national development planning/national development Planning Agency Head No. 3 in 2009 about the procedures for the preparation of a list of Government Cooperation project plan with business entities in the provision of Infrastructure is revoked and declared inapplicable. www.djpp.depkumham.go.id 2012, no. 891 of 12 article 20 this Ministerial Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on 3 September 2012, MINISTER for NATIONAL DEVELOPMENT PLANNING/NATIONAL DEVELOPMENT PLANNING AGENCY HEAD, ARMIDA s. ALISJAHBANA Enacted in Jakarta on 5 September 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id