Regulation Of Capital Investment Coordination Board No. 5 In 2012

Original Language Title: Peraturan Badan Koordinasi Penanaman Modal Nomor 5 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c510f86fff0a712313233323536.html

BN 922-2012. doc REPUBLIC INDONESIA No. 922, 2012 CAPITAL INVESTMENT COORDINATION BOARD. Settlement. The Loss Of The Country. The Ordinance. REGULATION of the CAPITAL INVESTMENT COORDINATION BOARD HEAD of the REPUBLIC of INDONESIA number 5 in 2012 ABOUT the PROCEDURES for the SETTLEMENT of the COUNTRY'S LOSSES in an ENVIRONMENT of CAPITAL INVESTMENT COORDINATION BOARD with the GRACE of GOD ALMIGHTY HEAD of INVESTMENT COORDINATING AGENCY of the Republic of INDONESIA, Considering: a. that with the enactment of Act No. 17 of 2003 about the finances of the State, Act No. 1 of 2004 on the State Treasury, and Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the country need to be arranged To the completion of the country's Losses in environmental capital investment Coordination Board; b. that based on considerations as referred to in letter a, the need to establish rules of capital investment Coordination Board Chief about The completion of the country's Losses in the capital investment coordination board Environment; 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 www.djpp.depkumham.go.id 2012, no. 922 2 Indonesia 2004 number 5, an additional Sheet 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. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 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); 6. Government Regulation Number 60 in 2008 about the internal control system of the Government (State Gazette of the Republic of Indonesia Number 127 in 2008, an additional Sheet of the Republic of Indonesia Number 4892); 7. 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); 8. 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; 9. Presidential regulation Number 90 in 2007 about the capital investment Coordination Board; 10. Regulatory Bodies of the Financial Examiner number 3 in 2007 about the procedures for the settlement of Damages Against State Treasurer; 11. Regulation of the Minister of finance Number 96/FMD. 06/2007 about the procedures for the use, Utilization, removal, and Pemindahtanganan State-owned Goods; Decide: Define: REGULATION Of CAPITAL INVESTMENT COORDINATION BOARD CHIEF Of STATE LOSSES SETTLEMENT PROCEDURES In ENVIRONMENTAL CAPITAL INVESTMENT COORDINATION BOARD. www.djpp.depkumham.go.id 2012, no. 922 3 CHAPTER I GENERAL PROVISIONS article 1 In this regulation, the definition of: 1. The losses the State is short of cash, securities, and/or the goods either moving or not moving, which amount is definitely real and, as a result of tort either deliberately or negligent. 2. The Treasurer in the environs of capital investment Coordination Board was appointed civil servants and are appointed by the Chief to receive, hold and pay/submit money or securities or goods belonging to the State. 3. The user of the goods belonging to State officials the authority holder is the use of State-owned goods in an environment of capital investment coordination board. 4. Claims for damages which are hereinafter referred to as SE, is a process of return Loss of the State done against CIVIL SERVANTS and/or third parties as a result directly or indirectly from an act against the law. 5. Civil servant henceforth abbreviated as civil servants, is every citizen of the Republic of Indonesia which has complied with the prescribed requirements, the staffing officer appointed by the authority and delegated tasks in an Office of the country or other country assignments and was hired on the basis of laws-the applicable staffing invitation. 6. A third party is a partner/associate/individual/perbantuan power and others who carry out the work in the Office of the capital investment coordination board. 7. 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. 8. State of kahar (force majeure) are circumstances beyond human abilities allegations/resulted in losses of State proved, stated by the authorized institutions, so there is no element of omission/mistake someone over the occurrence of such damages. 9. Completion of Team Losses the country, hereinafter abbreviated TPKN, is a team formed by the Head has a duty and function to handle and resolve the country's Losses. www.djpp.depkumham.go.id 2012, no. 922 4 10. 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 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. 11. The beneficiary is a family member legally get inheritance. 12. the Expiry of a certain period of time is that caused suicide of right to do SE against the perpetrators of the country's Losses. 13. Pick/wan achievements is not fulfilled the Covenant as contained in SPKMKN. 14. Neglect is ignoring something should do or not do the obligation. 15. Sanctions are imposed against the perpetrators of the country's Losses because the concerned player or unlawful or negligent. 16. Responsibility Renteng responsibility is exercised jointly by the people/parties involved in acts that harm the country. 17. The Agency's Financial Examiner, hereinafter abbreviated CPC, is the State Agency tasked to examine the management and financial tanggungbjawab State as stipulated in the Constitution of the Republic of Indonesia in 1945. 18. the capital investment Coordination Board, hereinafter abbreviated BKPM, is a Non Governmental Ministry responsible in the field of capital investment, led by a head under and is responsible directly to the President. 19. The head is the head of BKPM. 20. The main Secretary is the Principal Secretary of the BKPM. 21. Inspectorates are the items that are under the supervision of and responsible to the head of the task of carrying out the functional supervision against the implementation of the tasks in the environment of the BKPM. 22. The head of the Unit of work is the Director, Bureau Chief and/or head of BKPM neighborhood. www.djpp.depkumham.go.id 2012, no. 922 5 PURPOSE CHAPTER II article 2 (1) the procedures for settlement of Losses the State is intended as a reference to complete Loss of the State done by CIVIL SERVANTS and/or any third party; (2) the procedures for the settlement of the loss the country aims to: a. return the losses to a country that has occurred; b. enforcement and legal certainty in the completion of the financial management of the State; c. guardianship over the rights and assets of the State; d. recovery optimization of financial management of the State; and e. an increase in discipline and responsibility of CIVIL SERVANTS and/or third parties in the financial management of the State and/or use of the Items in the environmental State-owned BKPM. CHAPTER III the SCOPE of article 3 (1) of this regulation governing the procedures for the settlement of the country's losses in an environment based on the results of the Agency's examination of BKPM Examiner Financial Inspectorate nor against CIVIL SERVANTS and/or third parties in the neighborhood of BKPM. (2) the procedures for the settlement of damages against the State Treasurer in the neighborhood of BKPM, referring to the Agency's Regulatory Financial Examiner number 3 in 2007 about how to Indemnify the State against the Treasurer. CHAPTER IV INFORMATION LOSSES the COUNTRY Information Harm article 4 State known from: a. supervision and/or notice the head of work Unit; b. supervision Inspectorate; c. examination of the body of the Financial Examiner. Article 5 (1) of the head Unit is obligated to report any Losses the country to Unit Echelons I and notify the Inspectorate not later than 7 (seven) working days after the loss to the countries known as the effluent to the head. www.djpp.depkumham.go.id


2012, no. 922 6 (2) the notice referred to in subsection (1), equipped at least with News of the proceedings document Cash/goods. Chapter V causes LOSS of STATE article 6 (1) the State Losses caused by: a. tort law or dereliction of duty committed by CIVIL SERVANTS and/or any third party; b. State of kahar. (2) in tort or negligence of CIVIL SERVANTS as referred to in paragraph (1) letter a, in the form of: a. the misuse of goods or money or securities belonging to the State; b. possess, sell, pawn, rent, lend, removing, destroying documents, securities and/or State-owned goods unlawfully; c. misuse of authority or Office which resulted in losses to the State; d. do not perform at their best with limited third party so that spared from the obligation to pay to the State; e. do not store and do not supervise specifically against goods that are considered attractive are categorized into or authorize its use or the scope of its work; f. no heed, do not pay attention, do not take a stance, at the time know the lost or damaged documents, securities or goods; g. do not save and do not keep items that become its responsibility so as to enable the existence of the damage to the goods from the influence of natural or other things; h. negligence liability in making use of the State-owned Goods. (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; www.djpp.depkumham.go.id 2012, no. 922 7 3) embezzlement of goods/money belonging to a country that is becoming his responsibilities; b. pick against the contract; c. gross negligence in the care of/maintaining goods/money belonging to the State which became its responsibility. CHAPTER VI STATE LOSS SETTLEMENT TEAM of article 7 (1) in the complete Loss of the State, the head of the assisted TPKN. (2) has a duty to process TPKN settlement Losses against State Treasurer, CIVIL SERVANTS and to third parties. (3) in carrying out the tasks referred to in paragraph (1), the function of organizing: a TPKN. penginventarisasian the case of the loss of the State received from the Report the inspection results to financial Examiners and Inspectorate Bodies; b. collecting and verifying the evidence supporting that the Treasurer, civil servants, and/or any third party has been doing well in tort, intentional or negligent Loss occurrence resulting in the State; c. penginventarisasian treasures belonging to the Treasurer, civil servants, and/or third parties who have been doing well in tort, intentional or negligent that any warranty of completion State Losses; d. completion of State Losses through SPKMKN; e. the giving consideration to the head of the country's Losses as a basis of decision-making in the determination of loading SE for Treasurer, CIVIL SERVANTS as well as pelimpahan to establishments that handle the accounts receivable and auction State or law enforcement for third parties; f. usahaan stylist completion State Losses; g. delivery progress report to the head of State Losses Settlement with copy to the Financial Inspectors every three (3) months (quarterly). (4) TPKN consisting of Chairman, Vice Chairman, Secretary and Members formed by decision of the head. (5) the Chief ordered TPKN to follow up on each report referred to in article 5 paragraph (1) not later than 7 (seven) working days from receiving the report. www.djpp.depkumham.go.id 2012, no. 922 8 CHAPTER VII DESIGNATION NUMBER and the PERPETRATORS of the LOSSES the COUNTRY article 8 (1) the determination of the amount of losses the country based on the calculation of 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, based on the market price established 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 into account the maximum depreciation of 10% per-tahun with the condition of the goods at least 20% of the lowest price estimates; and c. building, established based on the standard prices taking into account depreciation by a decree of the Minister of public works wing at the time of the incident. Article 9 (1) the determination of the Losses the country 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-cheating so as to cause any harm to the State, and it was committed against the demands of the damages in the liability renteng. www.djpp.depkumham.go.id 2012, no. 922 9 CHAPTER VIII IMPLEMENTATION MECHANISMS of SETTLEMENT of LOSSES the COUNTRY article 10 (1) TPKN collecting and verifying the results of the follow-up inspection Agency Financial Inspectors and Inspectorates unresolved settlement by Inspectorates and/or a work Unit or Unit Unit Kedeputian/Main Secretariat. (2) examination of CIVIL SERVANTS do TPKN and/or third parties upon the incidence of losses the country longest 10 (ten) working days and published News of the proceedings. (3) and set the number of perpetrators TPKN Losses the country that must be resolved. (4) any loss of State well done by civil servants, and/or any third party resulting from acts against the law or dereliction of duty have to be resolved peacefully. Article 11 the assignment of settlement of Losses of State can be done by means of: a. Peace Efforts; b. Compensation Demands. Article 12 (1) completion of the losses of the State by CIVIL SERVANTS and/or third parties in a peaceful way can be made by cash or diangsur. (2) the Peaceful Settlement is done by making SPKMKN for CIVIL SERVANTS and/or third parties, using form as contained in Annex I to this regulation. (3) the time limit for the completion of the country's losses by means of diangsur for CIVIL SERVANTS and/or any third party the longest 48 (forty-eight) months from the determination of the imposition by TPKN. (4) SPKMKN as referred to in paragraph (2) lists the amount of losses made by the country definitively by known by direct superiors. (5) if the Loss the country has paid off by civil servants, and/or third parties in accordance with the SPKMKN, then to PNS, and/or the third party in question is not subject to SE. Article 13 (1) based on SPKMKN, PNS/third party is obligated to indemnify the State by way of a deposit in cash to the State Treasury in www.djpp.depkumham.go.id 2012, no. 922 10 period no later than fourteen (14) days from the determination of the imposition by TPKN. (2) if within a period of fourteen (14) working days referred to in subsection (1) has been exceeded, the CIVIL SERVANTS does not indemnify the State in cash, TPKN request to the Treasurer's salary to do cutting earnings to pay attention to the rest of the working time of employees concerned or the longest 48 (forty-eight) months. (3) if within 7 (seven) days referred to subsection (1) 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 in cash, to the State Treasury, then TPKN will submit the resolution of the country's Losses to law enforcement officials. Article 14 Compensation Claims can be made if all the following requirements are met: a. the State has been harmed; b. Loss of State should have been certain; c. the State Losses as a result of direct or indirect actions of CIVIL SERVANTS and/or any third party; d. deeds committed by CIVIL SERVANTS and/or third parties due to the duties of his post; e. could not be resolved peacefully. Article 15 (1) if CIVIL SERVANTS were 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 Claims Indemnity (SE) to the head. (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 16 in case the third party is not willing to sign the SPKMKN, then in a period no later than fourteen (14) working days since the signing of the SPKMKN rejection, proposed to the head of TPKN in order for settlement of Losses of State handed over to law enforcement officials. www.djpp.depkumham.go.id


2012, no. 922 11 article 17 (1) the head of the Decision setting the imposition of SE against CIVIL SERVANTS and/or mail Pelimpahan the process of settlement of Losses against third-party Countries to law enforcement officials, the latest selambat fourteen (14) working days as of receipt of the proposal since the determination of SE, according to annex II, and/or Pelimpahan the process of settlement of the country's Losses from TPKN. (2) the head delivered the Decision referred to in subsection (1) to the Financial Examiner, no later than fourteen (14) working days since the Decree set. Article 18 (1) in the event of a head set the imposition of SE to civil servants, then the corresponding mandatory to indemnify the State by way of a deposit in cash no later than 7 (seven) working days since the determination of loading SE through the Treasurer by using Letters instead of Tax Deposit (SSBP). (2) if within a period of 7 (seven days) a work referred to in subsection (1) has been exceeded and the CIVIL SERVANTS do not indemnify the State in cash, ask the Principal Secretary of the Ministry of State Treasury Office to carry out the maximum deduction of 50% (fifty percent) of salary each month until paid off. Article 19 (1) when the CIVIL SERVANTS retirement before the debt to the State paid off, then in a Certificate of discharge of payments (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. (2) If a CIVIL SERVANT dies, while in question has not completed a debt to the State, the head of the country's Loss settlement process bestows upon the State agency that handles State receivables. (3) when the CIVIL SERVANTS fled, while concerned has not completed the debt to the State, the head of the country's Loss settlement process bestows to law enforcement officials. Article 20 the State Losses caused a State of kahar becomes a burden countries. www.djpp.depkumham.go.id 2012, no. 922 of 12 CHAPTER IX FINDINGS of LOSSES of STATE INSPECTION RESULTS that CANNOT BE ACTED UPON by article 21 (1) the head has the authority to provide recommendations over the findings of the loss of State inspection results of the Agency's Inspectors and financial Inspectorates that are not actionable. (2) the determination of the Loss of State findings that could not follow up the results of the Inspection Agency Financial Examiners conducted after obtaining approval from the Agency of financial Examiners. Section 22 (1) the criteria for setting the Losses of State inspection results findings the Agency Financial Inspectors and Inspectorates that cannot be acted upon, among other things: 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/death or his address is not clear again 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 (retired, died 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. (2) the determination of examination findings that cannot be acted upon through the mechanism of discussions conducted by TPKN, poured in a news Event the determination of Findings of losses of State inspection results that are not Actionable. CHAPTER X EXPIRY of article 23 Obligations of CIVIL SERVANTS and/or a third party to pay punitive damages be expired if within 5 (five) years since he knew the loss www.djpp.depkumham.go.id 2012, no. 922 13 countries or within 8 (eight) years from the occurrence of the loss of the State done in not prosecution damages. CHAPTER XI SANCTIONS Article 24 Any CIVIL SERVANTS and/or third parties who perform the Act/omission/activities based on the results of the Agency's examination of the financial Inspectorate nor Inspectors resulted in losses to the State, either directly or indirectly, incur penalties as set forth in the legislation. CHAPTER XII other PROVISIONS Article 25 obligation in respect of CIVIL SERVANTS and/or third party to compensate for the loss of the State done by the other party, its implementation as it applies to the rights/pengampu/beneficiary. CHAPTER XIII PROVISIONS COVER Article 26 this Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on 17 September 2012 HEAD of CAPITAL INVESTMENT COORDINATION BOARD of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on 18 September 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id