STATE NEWS
REPUBLIC OF INDONESIA
REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA
Number 03 YEAR 2012
ABOUT
THE DEVOLUTION OF SOME GOVERNMENT AFFAIRS IN THE FIELD OF ENERGY AND MINERAL RESOURCES TO THE GOVERNOR
AS THE GOVERNMENT REPRESENTATIVE IN THE ORDER OF THE 2012 BUDGET DECONCENTRATION 2012
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA,
Weigh: a. that in enhancing the achievement of performance, efficiency and effectiveness in the holding of government affairs, it is necessary to bestow a portion of governance affairs in the field of energy and mineral resources through deconcentration activities;
B. that under consideration as referred to in the letter a and in accordance with the provisions of Article 2 of the paragraph (2) and Article 16 of the paragraph (5) of the Government Regulation No. 7 of 2008 on Deconcentration and Duty of the Host, it is necessary to establish the Regulation of the Minister Energy and Mineral Resources on Abundance Of Partial Governance Affairs In The Field Of Energy And Mineral Resources To The Governor As A Representative Of The Government In The Framework Of The 2012 Budget Year Deconcentration;
Remembering: 1. Law No. 17 Year 2003 on State Finance (State Sheet IndonesiaYear 2003 Number 47, Additional Gazette Republic of Indonesia Number 4286);
2. Act No. 1 of 2004 on the State Treasury (State Sheet of Indonesia Year 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
3. Law No. 32 Year 2004 on Regional Governing Law (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia No. 4437) as has been twice amended by the Act of 2008 Number 12 (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
4. Law No. 33 Year 2004 On The Financial Balance Between The Central Government And The Local Government (sheet Of State Of The Republic Of Indonesia 2004 Number 126, Additional Sheet Of The Republic Of Indonesia Number 4438);
5. Act No. 4 Year 2009 on Mineral Mining and Coal (sheet State of the Republic of Indonesia 2009 No. 4, Additional Sheet of State of Indonesia Republic No. 4959);
6. Government Regulation No. 6 Year 2006 on Management Of Goods Belonging To State/Area (Sheet State Of The Republic Of Indonesia 2006 Number 20, Additional Gazette Republic Indonesia Number 4609) as amended by Regulation The Government Of 2008 Number 38 (sheet Of State Of The Republic Of Indonesia In 2008 Number 78, Additional Gazette Of The Republic Of Indonesia Number 4855);
7. Government Regulation Number 38 Year 2007 on the Partition of Government Affairs Between the Government, Provincial Local Government, and the District/City Local Government (Indonesian Republic of 2007) Number 82, additional State Sheet Republic of Indonesia No. 4737);
8. Government Regulation No. 7 Year 2008 on Deconcentration and Duty Pembantuan (Gazette of State of the Republic of Indonesia 2008 No. 20, Additional Gazette Republic of Indonesia Number 4816);
9. Government Regulation No. 23 Year 2010 on Implementation Of The Activities Of The Mineral And Coal Mining Efforts (sheet Of State Of The Republic Of Indonesia In 2010 Number 29, Additional Sheet Of The Republic Of Indonesia Indonesia Number 5111);
10. Presidential Decree Number 59 /P Year 2011 dated October 18, 2011;
11. Presidential Decree No. 32 of 2011 dated 29 November 2011 on the Details of the Central Government Shopping Budget Year 2012;
12. Energy Minister Regulation and Mineral Resources Number 019 of 2007 dated October 24, 2007 on the State Department of Energy and Mineral Income Budget Management in the Environment Department of Energy and Mineral Resources;
13. Finance Minister Regulation Number 171 /PMK.05/ 2007 dated December 27, 2007 on the Accounting and Financial Reporting System of the Central Government;
14. Finance Minister Regulation No. 156 /PMK.07/ 2008 dated October 27, 2008 on the Deconcentration Fund Management Guidelines and the Appliing Task Fund;
15. Ordinance of the Minister of Energy and Mineral Resources No. 18 of 2010 on the Organization and the Working Governance of the Ministry of Energy and Mineral Resources (State News Indonesia of 2010 Number 552);
DECIDED:
SET: REGULATION OF ENERGY MINISTER AND MINERAL RESOURCES ON THE DEVOLUTION OF A PORTION OF GOVERNMENT AFFAIRS IN THE FIELD OF ENERGY AND MINERAL RESOURCES TO THE GOVERNOR AS A REPRESENTATIVE OF THE GOVERNMENT IN ORDER TO HOST DECONCENTRATION OF THE 2012 BUDGET YEAR.
BAB I
UMUM PROVISIONS
Section 1
In Regulation of the Minister this is referred to:
1. Deconcentration is the devolution of authority of the Government to the governor as a representative of the Government and/or to the vertical instance of a particular region.
2. The Provincial Regional Device Working Unit, which is subsequently called SKPD province, is an organization/institution on the provincial government responsible for the implementation of the deconcentration/duty of government in the field of energy and resources minerals in the province area.
3. The DeConcentration Fund is the funds derived from the State Budget and Shopping Budget implemented by the governor as a representative of the Government which includes all receipts and expenses in order to exercise deconcentration, not including The funds are allocated to the central vertical agency in the area.
4. Government Work Plan, next called the RKP, is a national planning document for a period of 1 (one) year.
5. The Ministry/Institute ' s Work Plan, which is next called Renja-KL, is a ministerial/agency planning document for a period of 1 (one) year.
6. Ministry/Institute of Work Plan and Budget, which is subsequently called RKA-KL, is a planning and budgeting document containing the program and activities of a ministry/agency that is the definition of RKP and Strategic Plan the ministries/agencies are concerned in 1 (one) year of the budget, as well as the budget required to execute it.
7. The Regional Revenue and Shopping Budget, subsequently called the APBD, is the local government's annual financial plan approved by the Regional People's Representative Council, and is set with the Regional Rules.
8. Mining Permit, which is then called IUP, is the permission to carry out mining efforts.
9. The Central Government, subsequently called the Government, is the President of the Republic of Indonesia which holds the power of the government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
10. The Regional People ' s Representative Council, hereafter called the DPRD, is a representative institution of the local people as an element of the organizing government of the region.
11. The Ministry is the Ministry of Energy and Mineral Resources.
12. Minister is the minister who organizes government affairs in the field of energy and mineral resources.
13. The governor is the governor as the deputy government in the Regions.
14. The Directorate General is the General Directorate whose duties and responsibilities in the fields of mineral and coal mining.
15. The General Secretariat is the General Secretariat of the Ministry of Energy and Mineral Resources.
BAB II
INTENT AND PURPOSE
Section 2
(1) The Regulation of the Minister is intended as the basis of the devolution of some government affairs to the governor as a representative of the Government in the area to carry out the Ministry's activities.
(2) The Regulation of the Minister aims to provide a policy direction to the governor as a representative of the Government in implementing and coordinating the holding of deconcentrations in the area.
BAB III
THE SCOPE OF DEVOLVE AFFAIRS
Section 3
(1) The government enforces a portion of government affairs in the field of energy and mineral resources which are the affairs of the Minister ' s authority to the governor as a representative of the Government.
(2) A portion of government affairs in the field of energy and mineral resources devolve to the governor as a representative of the Government is a non-physical program/event.
(3) A portion of government affairs in the field of energy and mineral resources devolve to the governor as referred to in paragraph (1) is conducted through the Management Support Program and the Other Technical Duty Implementation of the Ministry of Energy and Resources The Mineral Resources and Activities Coaching and Coordination of Planning and Cooperation of the Ministry of Energy and Mineral Resources, as follows:
a. Development of mineral and coal-based enterprise services implemented by the county/city government, which includes:
1. WPR designation includes administration, environmental documents (SPPL/UKL-UPL), and technical and IPR issuers;
2. The designation and granting of WIUP minerals instead of metals and rocks includes administration, environmental documents, financial obligations, and technical as well as the issuer of mineral IUP instead of metals and rocks;
3. implementation of the obligations of the mineral IUP holders instead of metals and rocks covering reporting, financial obligations, environment including reclamation and pascatverge, community development and empowerment, safety and work health;
4. awarding of metal and coal minerals WIUP includes administration, environmental documents, financial and technical obligations as well as the issuer of the metal and coal IUP;
5. implementation of the obligations of the IUP holders of metal and coal minerals including reporting, financial obligations, environment including reclamation and pascatverge, community development and empowerment, safety and work health;
6. The extensive dataan of land is disrupted and areal reclamation on IUP published by the county government/kota;
B. Supervision of mineral and coal-based encoters implemented by the county/city government, which includes:
1. marketing;
2. Finance;
3. The processing of mineral and coal data;
4. The utilization of goods, services, technology, and engineering skills and design to rise in the country;
5. development of mining technical workforce;
6. Local community development and empowerment;
7. Other activities in the field of mining business activities that concern common interests;
8. IUP management;
9. Number, type, and quality of mining efforts.
10. supervision of the use of foreign labor;
11. integrated supervision of production and sales;
12. supervision of community development and territory;
13. supervision of investment and finance;
14. supervision of the implementation of domestic production use;
15. supervision of capital goods;
16. supervision of transport and sales;
17. oversight of licensing, recommendations and statistics of mining business activities published by the county/kota;
18. oversight of IUP Special Production Operations for Transport and Sales as well as temporary permission to carry out transport and sale for the IUP holders of Exploration;
c. supervision of the engineering and mineral environment and coal implemented by the county/city government, which includes:
1. Technical mining;
2. The conservation of mineral and coal resources;
3. safety and mining work health;
4. safety of mining operations;
5. Environmental management, reclamation, and pascatverge;
6. mastery, development, and application of mining technology;
7. Explore exploration;
8. supervisi/supervision of the feasibility study;
9. supervision/supervision of AMDAL or UKL and UPL approval,
10. supervisi/supervising comissioning
11. supervision/supervision of the Technical and Environmental Annual Work Plan (RKTTL)
12. Supervision/Recommend document the document Reclamation plan and pascaterage;
13. Supervision/recommendation approval and thawing of the reclamation guarantee;
14. Supervision/recommendation approval and pascatverge guarantee thawing;
15. supervision of mining services efforts;
16. Integrated oversight of conservation;
17. supervision of the application of standardization;
18. Reclamation of pascatverge reclamation.
(4) The devolve affairs as referred to in paragraph (3) are already established in Renja-KL which refers to the RKP and RKA-KL Budget Year 2012.
Section 4
(1) The administration of the government granted to the governor as referred to in Article 3 should not be devolve to the regent/mayor.
(2) The spleen as referred to in Article 3 is exercised by SKPD province based on the designation of the governor.
BAB IV
STAGING DECONCENTRATION
Section 5
(1) In the hosting of the Abundance as referred to in Article 3, the governor is mandatory:
a. Synchronize with local government affairs and ensure effective and efficient deconcentration activities;
B. establish the provincial SKPD and management officials of deconcentration activities to execute programs and deconcentration activities by considering the capability requirements and competency of personnel;
c. guarantee the execution of deconcentration activities is carried out in accordance with the norms, standards, procedures, and criteria that the Minister has specified;
D. Guarantees of coordination, control, coaching, surveillance and reporting.
(2) The governor nods to the DPRD relating to the establishment of government affairs devolve to the governor as referred to in Article 3.
Section 6
(1) The governor conducts the coordination of the holding of deconcentration in the area with the Ministry through the Directorate General regarding:
a. The implementation of the Cloud Service is available for use with the IBM Cloud Service.
B. the implementation of monitoring and evaluation of the technical execution of the area conducted by SKPD province.
(2) The ordination of the staging of deconcentration in the area as referred to in paragraph (1) is performed in accordance with the provisions of the laws.
BAB V
THE TASK AND RESPONSIBILITY OF EXECUTION OF ACTIVITIES
Section 7
(1) The SKPD chief of the province is physically and financially responsible for the implementation of the devolve activities.
(2) SKPD of the province is in charge and responsible for implementing the Management Support Program and the Implementation of Other Technical Duty of the Ministry of Energy and Mineral Resources and Activities Coaching and Coordination of Planning and Co-operation of the Ministry of Energy and Mineral Resources in the area in accordance with the scope of governance affairs devolve to the governor.
(3) The duty and responsibility of execution of activities as referred to in paragraph (2) follows the provisions of the norms, standards, procedures and conditions that the Minister and the governor are appointed as the Vice Government.
Section 8
(1) The governor establishes the SKPD of provinces and officials of deconcentration activities that have competence in carrying out programs or deconcentration activities.
(2) The management of the deconcentration activities as referred to in paragraph (1) consists of:
a. Employment User/Employee User Power/Head of the Workforce/Workforce User Power;
B. Commitment-Maker Officials;
C. Test/Bill Officials and Signatory Of The Pay Order Letter (SPM);
D. Treasury Spending.
(3) Head of SKPD province establishes Officer Accounting SKPD provincial and other core officials aides.
(4) Qualifying personnel of each official on the SKPD province were consulted with the General Secretariat as the responsible program/scope of the Ministry's scope.
BAB VI
THE FUNDING
Section 9
(1) The governance affairs devolve to the governor as referred to in Article 3, its funding is financed from the budget section of the Ministry of Energy and Mineral Resources through a deconcentration fund.
(2) The details of the 2012 Budget Deconcentration of the Year for each province of the affairs referred to in Section 3 with the allocation, program and activities as set forth in the Attachment that is an integral part of the Agreement. The rules of this minister.
(3) Deconcentration funds transfer is carried out by the General Treasurer of the State or its power through the State Public Cash Account in the area.
(4) The order of the deconcentration funds is implemented in accordance with the provisions of the laws.
(5) Reception as a result of implementation of deconcentration constitutes state acceptance and is required to be contorted by the Budgetary authorized User to the State Public Cash Account in accordance with the provisions of the laws.
(6) In terms of implementation of the deconcentration there is a cash balance at the end of the budget year, such balances are required to be made to the State Public Cash Account.
BAB VII
REPORTING AND ACCOUNTABILITY
Section 10
(1) The provincial SKPD chief is responsible for the managerial activities of the deconcentration activities.
(2) Drafting and delivery of deconcentration activities report performed with stage:
a. The head of the SKPD province that carries out the deconcentration of compiling and delivering reports of activity every quarter and every end of the budget year to the governor through the SKPD province that is planning and to the Minister c.q. Secretariat General.
B. The governor assigned SKPD a province that led to the planning to merge the report as a letter and to address it every quarter and at any end of the budget year to the Minister of the Interior, the Minister of Finance, and The minister is aiming for national development planning.
c. The delivery of the report as referred to in the letter b is used as a planning material, coaching, control, and evaluation.
D. the form and content of the report ' s implementation of the deconcentration activities as referred to in Article 3 of the paragraph (3) follows the reporting guidelines the Director General specified.
Section 11
(1) The head of the provincial SKPD as the User of the Budget User/Power Users of the Deconcentration Goods is responsible for the conduct of the deconcentration fund.
(2) The Head of the Provincial SKPD as a Budget User Power User/User Power Users are required to hold an accounting and are responsible for the drafting and delivery of the financial accountability report.
(3) Financial entrepreneurial in the exercise of deconcentration is done separately from financial enterprise in the execution of the duties of the master and decentralization.
(4) The financial enterprise (s) as referred to in paragraph (3) is organized by SKPD province in accordance with the provisions of the laws.
(5) Drafting and the delivery of financial answers report performed with stage:
a. The head of the SKPD province that carries out the deconcentration of the name of the governor compiling and delivering the financial accountability report every month, semester, and annual to the Minister c.q. Secretariat General, with a gust to SKPD a province that drugging the region ' s financial management;
B. The governor combines reports of financial answers to the implementation of the Deconcentration Fund and presents it every quarter and at any end of the budget year to the Minister of Finance by busan to the Minister;
c. the form and content of the financial liability report guidelines on the provisions of the laws.
Section 12
(1) The annual financial accountability report on the execution of the deconcentration by the governor is attached in the APBD implementation of the Commission to the DPRD.
(2) The delivery of the report as referred to in paragraph (1) may be performed jointly or separately with the APBD implementation Responsibilities Report.
BAB VIII
THE RETURN RECALL
Section 13
(1) The Minister may withdraw a portion of the Government's affairs as referred to in Article 3, if:
a. Part of the devolve business is not continued because the Government is changing policy;
B. The conduct of government affairs is not in line with the provisions of the laws of the law;
c. the governor proposes to be withdrawn partially or entirely; and
D. The governor was unable to carry out a part of the devolve affairs of government.
(2) The devolution of devolution from the Government is carried out through the Ministerial Ordinance and delivered to the Minister of Finance and the Minister ' s drugging of national development planning.
(3) The Minister ' s Regulation as referred to in paragraph (2) is used by the Minister of Finance as the basis of blocking in budget documents and the cessation of deconcentration of fund enlarging.
BAB IX
COACHING AND SUPERVISION
Section 14
(1) The Minister conducts coaching and oversight in the holding of part of the devolve government matters to the governor.
(2) The Governor as the beneficiary of some government affairs from the Government conducts the coaching and supervision of the deconcentration activities implemented by the SKPD of the province.
(3) The execution of the supervision is intended to improve the performance of the task force, the advancement of activities, the suitability of the norms, standards, procedures, and the criteria established and performed in a unified way through coordination with the IBM Cloud Service. The General Secretariat and the Directorate General are responsible for the program in the Ministry's environment.
(4) The coaching and supervision as dintent on paragraph (1) and paragraph (2), is done in accordance with the provisions of the laws.
BAB X
THE SANCTION
Section 15
(1) The provincial SKPD that is purposefully and/or negligently in delivering a deconcentration report may be subject to the sanction of:
a. delay of deconcentration funds for the next quarter; or
B. The termination of the funds allocation is deconcentration for the next budget year
(2) The introduction of sanctions does not exempt the SKPD Province from the obligation of conveying the deconcentration report.
BAB XI
CLOSING PROVISIONS
Section 16
The Minister ' s rules are beginning to apply to the date of the undrased.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on January 13, 2012
MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,
JERO WACIK
Promulgated in Jakarta
on January 13, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
