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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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REPUBLIC OF INDONESIA

No. 922, 2012 THE COORDINATING BODY OF CAPITAL PLANTING. A settlement. Loss of State. Tata Cara.

REGULATION OF THE HEAD OF CAPITAL COORDINATION COORDINATING CAPITAL

REPUBLIC OF INDONESIA NUMBER 5 YEAR 2012

ON THE TERMS OF THE COUNTRY ' S LOSS SETTLEMENT

IN THE ENVIRONMENTAL COORDINATION AGENCY ENVIRONMENT

WITH THE GRACE OF GOD ALMIGHTY THE HEAD OF THE COORDINATING BODY OF CAPITAL CULTIVATION

THE REPUBLIC OF INDONESIA,

DRAWS: A. That by enacting Act No. 17 of 2003 on State Finance, Law Number 1 of 2004 on the State Treasury, and Law Number 15 of 2004 on Examination of Management And Financial Responsibilities The country needs to be drafted by the State Losses in the Coordinating Capital's Agency environment;

b. that based on consideration as referred to in the letter a, it needs to establish the Governing Body's Coordinating Board Regulation on the Tata Way Settlement In the Environmental Coordinating Agency's Environment;

Given: 1. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette of the Republic of Indonesia Number 4286);

2. Law No. 1 of the Year 2004 on the State Treasury (Republican Gazette

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Indonesia Tahun 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);

3. Law No. 15 Year 2004 on Examination of Management And Responsibilities Of State Finance (sheet Of State Of The Republic Of Indonesia In 2004 Number 66, Additional Gazette Of The Republic Of Indonesia Number 4400);

4. Law Number 25 Year 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia Year 2007 Number 67, Addition Of State Sheet Indonesia Number 4724);

5. Government Regulation No. 14 of 2005 on the Way of the Elimination of State/Regional Debt (State Gazette Indonesia Year 2005 Number 31, Additional Gazette Republic of Indonesia Number 4488);

6. Government Regulation No. 60 of 2008 on the Government Intern Control System (State Sheet Of Indonesia 2008 Number 127, Additional Gazette Republic Of Indonesia Number 4892);

7. Government Regulation No. 53 of 2010 on the Discipline of civil servants (sheet state of the Republic of Indonesia 2010 number 74, additional sheet of state of the Republic of Indonesia No. 5135);

8. President's decision No. 42 of 2002 on the Guidelines for the Implementation of the State Budget and Shopping Budget as amended, was last with the Presidential Decree No. 72 of 2004;

9. President's Law Number 90 of 2007 on the Board of Coordinating Capital Cultivation;

10. Regulation of the Financial Examiners Number 3 of 2007 on the Tata Cara Completion of the State Rugi Against the Treasurer;

11. Regulation of Finance Minister Number 96 /PMK.06/ 2007 on the Use of Usage, Heating, Removal, And Country-owned Goods;

DECIDED: Establishing: REGULATION OF THE HEAD COORDINATION BODY

CAPITAL OF TATA HOW TO RESOLVE THE COUNTRY ' S LOSS IN THE COORDINATION BODY ENVIRONMENT OF CAPITAL PLANTING.

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CHAPTER I OF THE GENERAL PROVISIONS

Article 1 In this Regulation, referred to:

1. The loss of the State is a shortage of money, precious letters, and/or goods of both moving and non-moving, which are real and certain, as a result of acts against the law either on purpose or negligation.

2. The Treasurer in the Environmental Coordinating Agency environment is a designated Civil Service Officer and appointed by the Head to receive, store and pay/hand over money or valuable mail or state goods.

3. Users of the State-owned Goods are the official authority of the use of state-owned goods in the Investment Coordinating Agency environment.

4. A further indemnation claim is called "TGR", which is a process for the restoration of State losses committed against civil servants and/or Third Parties as a direct or indirect result of an act against the law.

5. The next civil servant, also known as the civil servant, is every citizen of the Republic of Indonesia who has fulfilled the prescribed terms, is appointed by the officials of the public office, and the duty of a servant in a public office, or a dissertation. Another country's job and is on the basis of an employee's law-invitation-in-law.

6. The third party is the business partner/rekanan/labor force and other parties who carry out the work in the Office of Coordinating Capital Coordination.

7. The Peaceful Completion Of The Country Losses is an attempt to regain the full return of the losses suffered by the State in its short time, both in cash and by means of gradual return.

8. The kahar state (force majeure) is a state beyond suspicion/human ability that results in a State Loss after it is proven, expressed by the authorities, so that there is no element of negligence/fault for the occurrence of The loss.

9. The State Losses team, which is next abbreviated to TPKN, is a Team formed by the Chief who has the task and functions to deal with and complete the State Losses.

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10. A Waiver is a form of a statement that cannot be retracted made by the PNS and/or Third Parties to express and/or acknowledment of the Third Party. that the person in question is responsible for the State Losses that occur and are willing to replace the State Losses in question.

11. An heir is a family member who is legally entitled to an inheritance.

12. Expiry is a certain period of time that led to the use of the right to perform TGR against the State's Losses.

13. The promise of a promise is not to keep an agreement as it has been found in the SPKMKN.

14. Negligation is to ignore something that should be done or do not do an obligation.

15. Sanctions are the actions imposed against the perpetrators of the State Losses as it is concerned with the denial of the promise or breaking the law or negligation.

16. A loan is a responsibility that is performed jointly by the people/related parties in the conduct that harms the State.

17. The Financial Examiner Agency (BPK), also known as the BPK, was the state agency responsible for examining the management and responsibility of the state's finances, as referred to in the Constitution of the Republic of Indonesia in 1945.

18. The Capital Plant Coordination Board, which is further abbreviated as BKPM, is the Non-Ministry Government responsible for the field of capital planting, led by a Chief who is under and responsible directly to the President.

19. Chief is Chief BKPM. 20. The Chief Secretary is the Prime Secretary of BKPM. 21. An inspectorate is a surveillance element located below and

is responsible to the Chief who has the task of carrying out functional oversight of the execution of tasks in the BKPM environment.

22. The Head of the Working Unit is the Director, the Head of the Bureau and/or Head of the Center in the BKPM environment.

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CHAPTER II INTENT

Section 2 (1) The State Losses Act is intended as a reference

to resolve the State Losses performed by the PNS and/or Third Parties;

(2) Tata The way the Country ' s Loss Settlement aims to: a. Returns the loss of a country that has occurred; b. enforcement and legal certainty in the completion of the management

of the country's finances; c. custody of the country's rights and assets; d. optimizing the restoration of the country ' s financial management; and e. improving the discipline and responsibility of the PNS and/or Party

Third in the country ' s financial management and/or use of State-owned Goods in the BKPM environment.

CHAPTER III OF SCOPE

Section 3 (1) This Regulation governs the terms of the resolution of the loss

country in the BKPM environment based on the results of the Financial Examiner or Inspectorate against the PNS and/or the Parties Third in the BKPM environment.

(2) The manner of the country's loss-changing manner against the Treasurer in the BKPM environment, in reference to the Financial Examiner Body Regulation No. 3 of 2007 on the Tata Way of Change of State against the Treasurer.

CHAPTER IV OF INFORMATION COUNTRY LOSS

Article 4 of the State Loss Information can be known from: a. supervision and/or Job Unit Head ' s notice; b. supervision of the Inspectorate; c. examination of the Financial Examiner Agency.

Section 5 (1) The Chief of the Working Unit is reporting any State Loss to the Unit

Eselon I and notified the Inspectorate no later than 7 (7) business days Once the State Losses are known by busan to the Head.

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(2) Notices as referred to in paragraph (1), are supplemented at least with the Kas/Goods Check Event News document.

BAB V

CAUSE OF STATE LOSS

Article 6 (1) State loss is caused by:

a. acts against the law or through the obligations committed by the PNS and/or Third Parties;

b. Kahar state. (2) Perartificial against the law or neglect of the PNS as

referred to in paragraph (1) the letter a, be: a. Misuse of goods or money or valuables belonging to

Country; b. have, sell, mortgaged, rent, lend,

eliminate, damage documents, valuable mail and/or property of the State unlawfully;

c. misuse of authority or office resulting in State loss;

d. not to perform the task of being well-advised so that the third party is spared from the pay obligations to the State;

e. does not retain and does not keep an eye on items considered or categorised as authorized by the use or scope of its duties;

f. not heed, not pay attention, not taking a stand, at the time of knowing the missing or the rusher of documents, precious letters or goods;

g. does not store and preserve items that are responsible for the failure of the goods or other things;

h. omission in making use of State-owned Goods.

(3) Permade against law or omission by Third Parties as referred to in paragraph (1) the letter a, are:

a. acts against the law such as: 1) the forgery of goods sold to the State; 2) Forgery of billing documents to the State;

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3) The embezzlement of the State of the Union which is in its responsibility; b. The promise of a contract; c. omission in taking care of/maintaining the money

belongs to the State that is its responsibility. BAB VI

TIM COMPLETION OF STATE LOSS Article 7

(1) In completing the State Losses, the Chief assisted TPKN. (2) TPKN has a duty to process the completion of the loss

the State against the Treasurer, PNS and against the Third Parties. (3) In carrying out the task as referred to in paragraph (1),

TPKN organizes a function: a. An inventory of the Cloud Service is not available for use with the IBM Cloud Service. collection and verification of supporting evidence that the Treasurer, PNS, and/or Third Parties have committed acts against the law, whether intentional or negligand resulting in the State Loss;

c. inventories Treasury, PNS, and/or Third Party treasures that have committed acts against the law, either deliberate or negligable that may be guaranteed the completion of the State Losses;

d. The completion of the country's loss through SPKMKN; e. Administration of the State for Treasurer, PNS and Devolution to the Comptrolery and the State or Law Enforcement for the Treasurer, the PNS and the Abundance of the Service. Third Party;

f. State Losses. Delivery of the IBM Country to the Head by busan to the Financial Examiner's Agency (3) months (quarterly).

(4) TPKN consisting of the Chairman, Vice Chairman, Secretary and Member is set up with the Head Decision.

(5) The Chief ordered TPKN to follow up on any reports as referred to in Article 5 of the paragraph (1) at no later than 7 (seven) a workday since receiving a report.

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BAB VII

ASSIGNMENT OF STATE LOSSES AND PERPETRATORS

Article 8

(1) The Redemption of the State Losses is based on the calculation of the amount of loss that the State must suffer.

(2) Country's loss as specified in paragraph (1) may be:

a. motor vehicles, set on the market price as per the local Governor's decision in effect at the time;

b. Other State/State-owned household appliances, specified on the market price of the goods according to the same type of specifications, at the time of which the goods are lost by taking into account the maximum 10% per-year shrinkage with the condition The lowest items are at least 20% of the value of the price; and

c. building buildings, set by price standards by taking into account the depreciation of the Minister's Decision which imbued the public works at the time of the incident.

Article 9

(1) The State Loss Penetration must be clearly loading:

a. identity of the perpetrator;

b. Employee status/status in question;

c. fault element of the perpetrators.

(2) The error element of the perpetrators as referred to paragraph (1) letter c, resulting in State Loss include:

a. Immediate action is to steal, embedding, damage money or property of the State, pay more to the Third Party, or reject the promise that makes the State suffer a loss;

b. And the acts of the law, and the work of the third party, have been remiss in his duty, and made it easy for the third party, and to commit the iniquity of the State, and against it, Filed for a liability damages claim.

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BAB VIII COUNTRY LOSS EXECUTION MECHANISM

Article 10 (1) TPKN collects and performs verification of the follow

results of the Financial Examiner's Agency and Inspectorate has not been completed by the Inspectorate and/or the Principal Secretariat or the Principal Unit/Secretariat.

(2) TPKN conducts checks against PNS and/or Third Parties on the onset of the country's longest 10 (ten) days work and publish the News Show newsletter.

(3) TPKN sets the number

(4) Any loss of the State of the Good State by the PNS, and/or the Third Party resulting from the action against the law or through the obligation of obligation is resolved peacefully.

Section 11

The Resettlement of the State Losses can be done in a way:

a. Peaceful endeavour; b. Damages Charges.

Article 12 (1) The Settlement of State losses by PNS and/or Third Parties

peace may be done in cash or diangsur.

(2) Completion of peace is done by making SPKMKN for PNS and/or Third Parties, by using the form as set forth in Appendix I of this Regulation.

(3) The deadline for the completion of the Country's loss by means of dianglial for the PNS and/or the Third Party at most 48 (forty-eight) Months since the termination of the loading of the TPKN.

(4) The SPKMKN as referred to in paragraph (2) is made by listing the number of State Losses in certain terms known to the direct supervisor.

(5) If the State Loss has been paid off by the PNS, and/or Third Parties in accordance with the SPKMKN, then to the PNS, and/or the Third Party concerned are not subject to TGR.

Section 13 (1) Based on SPKMKN, PNS/Third Party is required to replace the Losses

States by way to cash in cash to the State Kas

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a term no later than 14 (fourteen) days since the designation of the loading of TPKN.

(2) If in the term of 14 (fourteen) business days as referred to in paragraph (1) have been exceeded, the PNS does not replace the Country's Losses in cash, TPKN submitted a request to the salary Treasurer to do the cut earnings with regard to the remainder of the employee in question or at least 48 (forty-eight) months.

(3) If within 7 (seven) days the intended paragraph (1) has been exceeded and the Third Party is not replacing State loss in cash, TPKN performs rebilling as much as 2 (two) times 7 (seven) days work.

(4) If after the third billing, the Third Party does not reimburge the Country in cash, to the State Kas, then TPKN will submit the settlement of State Losses to the law enforcement apparatus.

Article 14 Demands of Rugi can be performed if it is met with all the requirements as follows: a. country has been wronged; b. The loss of the State must have been certain; c. Loss of State as a result of direct or non-

direct action from the PNS and/or Third Parties; d. Deeds done by PNS and/or Third Parties due to the task

in office; e. cannot be resolved peacefully.

Article 15 (1) If PNS is not willing to sign the SPKMKN, then in

a term no later than 14 (fourteen) business days since the rejection of the signing of SPKMKN, TPKN submitted the proposal The assignment of a change of change (TGR) to the Head.

(2) The proposal of the TGR designation is based on the results of the examination conducted by the external surveillance apparatus or the government's internal surveillance apparatus.

Article 16 In regards to Third Parties is not willing to sign the SPKMKN, then in the course of no later than 14 (four The day of work since the rejection of the signing of the SPKMKN, TPKN submitted a proposal to the Head for the completion of the State Losses to be handed over to law enforcement apparatus.

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Section 17

(1) The Chief establishes the Charging Decision of the TGR against the PNS and/or the Letter of Abundance of the State Loss Settlement against the Third Party to the law enforcement apparatus, as slow as the 14 (fourteen) the working day since the receipt of the proposed TGR designation, pursuant to Annex II, and/or the Pelimpahan Settlement Process of the State of TPKN.

(2) The Chief conveying the Decision as referred to in paragraph (1) to the Financial Examiner Agency, at least 14 (fourteen) working days since the Decree is set.

Article 18

(1) In case the Chief specifies The burden of the TGR to the civil servant, then to the concerned, is required to change the country's loss by means of cash no later than 7 (7) business days since the designation of the termination of the TGR through the Treasurer by using the Letter of the Deposits. Tax (SSBP).

(2) If within 7 (seven days) the work referred to in paragraph (1) has been exceeded and the PNS does not replace the Country's Losses in cash, the Principal Secretary asked the State Treasury Service Office to implement Maximum deductions of 50% (fifty percent) of the salary each month until the lunas.

Article 19

(1) If the PNS enters retirement before the debt to the State of Lunas, then in the Letter of Payment Termination (SKPP) It is stated that the question still has debts to the State and the Taspen. The right to be reckoned to replace the State Loss.

(2) If the PNS died, while the one concerned had not yet completed the debt to the State, the Chief bestoed the process of settling the State Losses to the State Agency. addressing the State debt.

(3) If the PNS is running away, whereas the concerned has not yet completed the debt to the State, the Head is bestoking the process of the completion of the State Losses to the law enforcement apparatus.

Article 20

The state losses caused by the kahar state were the burden of the State.

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CHAPTER IX FINDING STATE LOSS RESULTS

WHICH MAY NOT BE ACTIONABLE Article 21

(1) The Chief has the authority to provide recommendations on the findings of the State of the Loss results Unactionable Financial Examiner and Inspectorate.

(2) The Penetration Findings of the State Losses, the results of the results of the Financial Examiner's examination are carried out after receiving approval from the Agency. Financial Inspector.

Article 22 (1) Criteria to set the State Loss findings results

examination of the Financial Examiner ' s Body and Inspectorate that cannot be actionable, among other things:

a. Recommendations are not available. The current recommendation has been corrected; c. against an instance of which the instance is already

no longer exists; d. Follow-up, you will be able to add a new version of this file to the IBM Kenexa COMMUNITY SERVICE. Recommendations are not supported with strong evidence; f. previously not discussed with the parties examined; g. The charge is inactive (retired, died

and/or otherwise unknown address) with valid proofs, except for the unexpired findings and already there is a TGR; and

h. less material value and exceeds the expiry limit. (2) Inactionable unactionable examination findings

through the discussion mechanism performed by TPKN, poured in the News Event Establishing Findings Of The Country ' s Unactionable Examination Results.

CHAPTER X EXPIRY

Section 23 of the PNS and/or Third Parties to pay damages to expire if within 5 (five) years of the loss of

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The State or within 8 (eight) years since the State Loss has not done the prosecution of the damages.

CHAPTER XI SANCTION Section 24

Any PNS and/or Third Parties are performing Actions/activities based on the results of a Financial Examiner or Inspectorate resulting in State Loss, whether directly or indirectly, are subject to sanction as set out in the laws.

BAB XII OTHER provisions

Section 25 In terms of the PNS and/or Third Parties ' obligations to replace the State Losses by other parties, its implementation as applicable to the Regents/heirs of the claim.

BAB XIII CLOSING provisions

Article 26

The rules are in effect on the date of the promulgings. In order for everyone to know, order the authoring of this Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 17 September 2012 HEAD OF THE COORDINATING BODY OF THE REPUBLIC OF REPUBLICAN CAPITAL CULTIVATION INDONESIA, MUHAMAD CHATIB BASRI

promulbed in Jakarta on 18 September 2012 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, AMIR SYAMSUDIN

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