Regulation Of The Minister Of Energy And Mineral Resources No. 3 In 2012

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 3 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51b6e9c480a2c9313233373337.html

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Back NEWS REPUBLIC of INDONESIA No. 65, 2011 REGULATIONS the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA number 03 in 2012 ABOUT PELIMPAHAN MOST GOVERNMENT AFFAIRS in the FIELD of ENERGY and MINERAL RESOURCES to the GOVERNOR AS the REPRESENTATIVE of the GOVERNMENT in the FRAMEWORK of the ORGANIZATION of the DEKONSENTRASI FISCAL YEAR 2012 by the GRACE of GOD ALMIGHTY the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, Considering: a. that in raising the achievement of performance efficiency and effectiveness in conducting the Affairs of Government, need to bestow a portion of Government Affairs in the field of energy and mineral resources through dekonsentrasi activities;
b. that based on considerations as referred to in letter a and in accordance with the provisions of article 2 paragraph (2) and article 16 paragraph (5) the Government Regulation number 7 in 2008 about Dekonsentrasi and Pembantuan Tasks, need to establish the regulation of the Minister of energy and Mineral resources of Pelimpahan Most Government Affairs in the field of energy and Mineral resources to the Governor as the representative of the Government in the framework of the Organization of the Dekonsentrasi fiscal year 2012;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of IndonesiaTahun 2003 Number 47, additional sheets 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 Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
3. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as has already been twice amended with law No. 12 of 2008 (Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
4. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government And the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438);
5. Act No. 4 of 2009 about Mineral and Coal Mining (State Gazette of the Republic of Indonesia number 4 in 2009, an additional Sheet of the Republic of Indonesia Number 4959);
6. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by regulation of the Government of 2008 Number 38 (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855);
7. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
8. Government Regulation number 7 in 2008 on Dekonsentrasi and Pembantuan (State Gazette of the Republic of Indonesia Number 20 in 2008, an additional Sheet of the Republic of Indonesia Number 4817);
9. Government Regulation Number 23 in 2010 on the implementation of the business activities of Mineral and Coal Mining (State Gazette of the Republic of Indonesia Number 29 in 2010, an additional Sheet of the Republic of Indonesia Number 5111);
10. Presidential Decree number 59/P in 2011 on October 18, 2011;
11. Presidential Decree Number 32 in 2011 on 29 November 2011 about the details of the Central Government budget of fiscal year 2012;
12. Regulation of the Minister of energy and Mineral resources Number 019 2007 October 24, 2007 on guidelines for the management of the budget of the State Expenditures and Revenues in the Environmental Ministry of energy and Mineral resources;
13. the regulation of the Minister of finance Number 171/FMD. 05/2007 December 27, 2007 on the system of accounting and financial reporting to the Central Government;
14. Regulation of the Minister of finance Number 156/FMD. 07/2008 of 27 October 2008 on guidelines for the management of funds and fund Dekonsentrasi Task Pembantuan;
15. Regulation of the Minister of energy and Mineral resources of number 18 in 2010 about the Organization and the Work of the Ministry of energy and Mineral resources (news of the Republic of Indonesia year 2010 Number 552);
Decide: define: REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES of PELIMPAHAN MOST GOVERNMENT AFFAIRS in the FIELD of ENERGY and MINERAL RESOURCES to the GOVERNOR AS the REPRESENTATIVE of the GOVERNMENT in the FRAMEWORK of the ORGANIZATION of the DEKONSENTRASI FISCAL YEAR 2012.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Dekonsentrasi is pelimpahan the authority of the Government to the Governor as the representative of the Government and/or to the vertical institutions in certain regions.
2. The units of Work Devices Area of the province, who then called the SEGWAY of the province, is the Organization/institution in the province of local government responsible for the implementation of dekonsentrasi/task of Government in the field of energy and mineral resources in the area of the province.
3. Dana Dekonsentrasi is the funding that comes from the budget of the State Expenditures and Revenues administered by the Governor as the representative of a Government that includes all of the receipts and expenditure in the framework of the implementation of the dekonsentrasi, does not include the funds allocated to the vertical center of the agencies in the area.
4. the work plan of the Government, who then called RKP, is the national planning document for the period of 1 (one) year.
5. the work plan of the Ministry/Agency, hereinafter called Renja-KL, is the planning document ministries/institutions for a period of 1 (one) year.
6. Work plan and budget Ministries/Agencies, hereinafter called the RKA-KL, budgeting and planning is a document that contains the programs and activities of a Ministry/institution which is the elaboration of a Strategic Plan and RKP ministries/institutions concerned in 1 (one) year budget, and the budget necessary to carry it out.
7. Budget revenue and shopping districts, the BUDGETS hereafter, was the local Government's annual financial plan approved by the House of representatives of the region, and is set by local regulations.
8. Licences, hereinafter called the IUP, is permission to carry out the business of mining.
9. 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.
10. Representatives of the area, who then referred to PARLIAMENT, is the regional representatives as organizer of local governance. 11. The Ministry is the Ministry of energy and Mineral resources.
12. the Minister is the Minister of the organizing Affairs of the Government in the field of energy and mineral resources. 13. The Governor is a Governor as the representative of the Government in the area.
14. the Directorate is the Directorate General duties and responsibilities in the field of mineral and coal mining.
15. The Secretariat-General of the General Secretariat is the Ministry of energy and Mineral resources.
CHAPTER II AIMS and OBJECTIVES article 2 (1) of the regulation the Minister is intended as the basis of pelimpahan are partly Government Affairs to the Governor as the representative of the Government in the region to implement the program/activities of the Ministry.
(2) the Ministerial Regulation aims to give policy directions to the Governor as the representative of the Government in implementing and coordinating the Organization of dekonsentrasi in the area.
CHAPTER III SCOPE of AFFAIRS ASSIGNED by article 3 (1) Government grant some governmental affairs in the field of energy and mineral resources into the Affairs of the authority of the Minister to the Governor as the representative of the Government.
(2) Most Government Affairs in the field of energy and mineral resources are assigned to the Governor as the representative of the Government is a program/activity is non physical.
(3) Most Government Affairs in the field of energy and mineral resources are assigned to the Governor as referred to in subsection (1) is carried out through the support Program management and implementation of other technical Tasks of the Ministry of energy and Mineral resources and the planning and coordination of Construction Activities and the cooperation of the Ministry of energy and Mineral resources, as follows: a. the construction of coal and mineral concessions held by district/city government , which include: 1. the determination of the WPR include administration, document environment (UKL/UPL-SPPL), and technical as well as the publication of the IPR;
2. assignment and allotment of WIUP minerals instead of metal and rocks covering administration, document the environmental, technical, and financial obligations as well as the issuance of IUP minerals instead of metal and rocks;
3. the implementation of the obligations of the holder of the mineral and metal instead of IUP rocks include reporting, financial obligations, including environmental reclamation and pascatambang, development and community empowerment, work safety and health;
4. the granting of metal mineral and coal WIUP include administration, document the environmental, technical, and financial obligations as well as the issuance of IUP metal mineral and coal;
5. the implementation of the obligations of the holder of the metal mineral and coal IUP include reporting, financial obligations, including environmental reclamation and pascatambang, development and community empowerment, work safety and health;
6. logging land area disturbed and reclaimed area on the IUP published by district/city governments;
b. mineral and coal business Supervision that is exercised by district/city governments, which include: 1. marketing;

2. financial;

3. data processing of minerals and coal;

4. utilization of goods, services, technology, and engineering capabilities and architecture within the country; 5. development of technical mining workforce;

6. the development and empowerment of local communities;
7. other activities in the field of mining business activities related to the public interest; 8. management of IUP;

9. the number, type, and quality of the result mining ventures.

10. supervision of the use of foreign labor;

11. supervision of integrated production and sales;

12. the supervision of the development of the community and region;

13. investment and financial supervision;

14. supervision of the implementation of the use of domestic production;

15. the supervision of capital goods;

16. freight and sales supervision;
17. surveillance against licensing, recommendations and the mining business activities statistics published by the Government of the district/city;
18. surveillance against IUP production operation specific to Transportation and sale as well as temporary permission to perform the transport and sale to holders of IUP Exploration;

c. oversight of environmental engineering and mineral and coal which is exercised by district/city governments, which include: 1. technical mining;

2. conservation of mineral and coal resources;

3. safety and health mining work;

4. the safety of mining operations;

5. management of the environment, reclamation, and pascatambang;

6. mastery, development, and application of mining technology;

7. supervision of exploration;

8. supervision/oversight of the feasibility study;

9. the oversight/supervision of AMDAL approval or UKL and UPL, 10. supervision/oversight comissioning 11. oversight/supervision against the annual work plan, technical and environment (RKTTL) 12. document approval recommendation/supervision plan of reclamation and pascatambang; 13. supervision/recommendation approval and disbursement of the reclamation guarantee;

14. supervision/recommendation approval and disbursement of collateral pascatambang;

15. the supervision of mining ventures;

16. integrated conservation supervision;

17. the supervision of the application of standards;

18. the supervision of reclamation pascatambang.
(4) the assigned Affairs referred to in paragraph (3) are already defined in the TOS-Renja refers to RKP and RKA-KL the fiscal year 2012.
Article 4 (1) the Affairs of the Government assigned to the Governor as stipulated in article 3 may not be assigned to the bupati/walikota.
(2) Pelimpahan referred to in article 3 held by SEGWAY the province based on the determination of the Governor.
CHAPTER IV ORGANIZATION of DEKONSENTRASI article 5 (1) in implementing pelimpahan as referred to in article 3, the Governor is obligated: a. do synchronization with the conduct of the Affairs of local governance and ensures implementation of activities dekonsentrasi effectively and efficiently;
b. set the SEGWAY province and officials activities Manager dekonsentrasi to carry out the programs and activities of the dekonsentrasi taking into account the requirements of the ability and competence of personnel;
c. ensure the implementation of the activities of the dekonsentrasi was carried out in accordance with the norms, standards, procedures, and criteria determined by the Minister;
d. ensure the attainment of coordination, control, coaching, supervision and reporting.
(2) the Governor told LEGISLATIVE deals with the conduct of the Affairs of the Government assigned to the Governor as stipulated in article 3.
Article 6 (1) the Governor doing coordination organization of dekonsentrasi in the area with the Ministry through the Directorate General regarding: a. implementation of function setting, coaching, and technical supervision over the implementation of dekonsentrasi;
b. implementation of the monitoring and evaluation of the technical implementation of the product in the region conducted by SEGWAY.
(2) the coordination of the Organization of the dekonsentrasi in the area referred to in subsection (1) is carried out in accordance with the provisions of the legislation.
CHAPTER V the DUTIES and RESPONSIBILITIES of the IMPLEMENTATION ACTIVITIES of article 7 (1) the head of a SEGWAY province responsible for physical and financial execution against the activities of assigned.
(2) provincial duty SEGWAY and responsible for implementing the support Program management and implementation of other technical Tasks of the Ministry of energy and Mineral resources and the planning and coordination of Construction Activities and the cooperation of the Ministry of energy and Mineral resources in the area in accordance with the scope of governmental affairs assigned to the Governor.
(3) the duties and responsibilities of the implementation of the activities referred to in paragraph (2) the following provisions of the norms, standards, procedures and conditions set out the Minister and Governor as the representative of the Government.
Article 8 (1) the Governor set a SEGWAY province and dekonsentrasi activity Manager officials who have competence in carrying out programs or activities of the dekonsentrasi.
(2) the provider of the Official activities of the dekonsentrasi referred to in subsection (1) consists of: a. a power user Budget/power user Stuff/Work Unit Head;

b. Commitment Maker Officials;

c. Official Testers/Bill and Signing a warrant to pay (SPM);

d. Treasurer expenses.
(3) the head of a provincial Unit Officers set SEGWAY Accounting SEGWAY province and officials of other core helpers.
(4) the qualifications of the personnel of the respective officials consulted with the provincial secretariat of the SEGWAY General as the person in charge of the program/activity dekonsentrasi the scope of the Ministry.
CHAPTER VI FUNDING of article 9 (1) the Affairs of the Government assigned to the Governor as stipulated in article 3, the funding issue was financed from the budget of the Ministry of energy and Mineral resources through funds dekonsentrasi.
(2) details of financing the Dekonsentrasi fiscal year 2012 for each province over Affairs as stipulated in article 3 with the allocation, programs and activities as listed in the annex which is an integral part of part of the regulation of the Minister.
(3) the channelling of funds dekonsentrasi conducted by the General Treasurer of the State or its power through the General Treasury Account of the countries in the region.
(4) the procedures for channelling funds dekonsentrasi carried out in accordance with the provisions of the legislation.
(5) Acceptance as a result of the implementation of dekonsentrasi constitutes acceptance of mandatory State and deposited by a power user of public Cash into the account Budget of the country in accordance with the provisions of the legislation.
(6) in the case of implementation of dekonsentrasi there is the cash balance at the end of the fiscal year, the balance is paid in Cash to the account the mandatory General State.
CHAPTER VII REPORTING and ACCOUNTABILITY article 10 (1) of the provincial Chief of SEGWAY responsible for reporting of managerial activities dekonsentrasi.
(2) the preparation and submission of reports on activities conducted with dekonsentrasi phases: a. head SEGWAY province implement the dekonsentrasi prepare and submit quarterly activity reports and any end of year budget to the Governor through a SEGWAY wing provincial planning and in particular to the Secretary General of the Secretariat.
b. the Governor commissioned the SEGWAY wing province planning to combine the reports referred to in letter a and submit it quarterly and each end of the fiscal year to the Minister of the Interior, Minister of finance, and Minister of national development planning wing.
c. submission of the report referred to in the letter b is used as an ingredient of planning, construction, control, and evaluation.
d. form and content of the report of the implementation of the activities of the dekonsentrasi referred to in article 3 paragraph (3) follows the guidelines for reporting assigned General Director.
Article 11 (1) of the provincial head of the SEGWAY as a power user of budget/power user Stuff dekonsentrasi is responsible for the implementation of the funds dekonsentrasi.
(2) the head of a SEGWAY province as a power user of budget/power user Stuff is obligated to organize accounting and is responsible for the preparation and submission of reports on financial accountability.
(3) the administering of finance in the implementation of dekonsentrasi is done separately from the administering of finance in the implementation of tasks pembantuan and decentralized.
(4) Administering finances as referred to in paragraph (3) was organized by SEGWAY the province according to the provisions of legislation.
(5) the preparation and submission of reports questioned the Treasury done by stages: a. head SEGWAY province carry out dekonsentrasi on behalf of the Governor prepare and submit financial accountability report every month, semester, annual and in particular the Secretariat of the Secretary General, with a copy to the SEGWAY wing provincial financial management areas;
b. the Governor questioned over financial report incorporating implementation Funds Dekonsentrasi and deliver it quarterly and each end of the fiscal year to the Minister of finance with copy to the Minister;
c. the form and content of financial accountability reports based on the provisions of the legislation.
Article 12 (1) financial accountability Reports on an annual basis the implementation of dekonsentrasi by the Governor are attached in the report to the NATIONAL Implementation of LEGISLATIVE Responsibility.
(2) the submission of the report referred to in subsection (1) may be made jointly or separately with NATIONAL implementation of the Accountability Report.
CHAPTER VIII the RECALL of PELIMPAHAN of article 13 (1) the Minister may waive pelimpahan most Government Affairs as stipulated in article 3, if: a. most Government Affairs assigned did not resume because the Government changed the policy;
b. implementation of the Affairs of the Government are not in line with the provisions of the legislation; c. the Governor proposes to withdrawn partially or completely; and d. the Governor cannot exercise some governmental affairs assigned.

(2) the withdrawal of pelimpahan from the Government was done through regulation of the Minister and submitted to the Minister of finance and Minister of national development planning wing.
(3) the regulation of the Minister referred to in subsection (2) is used by the Minister of finance as the basis for blocking the budget document and the cessation of disbursement dekonsentrasi.
CHAPTER IX GUIDANCE and SUPERVISION Article 14 (1) the Minister is doing construction and supervision in most Government Affairs assigned to the Governor.
(2) the Governor of recipient Government affair in part pelimpahan of the Government doing the construction and supervision of the activities of the dekonsentrasi implemented by SEGWAY.
(3) implementation of oversight is intended to improve the performance of the execution of the work unit, the progress of implementation activities, compliance against the norms, standards, procedures, and criteria set forth and done in integrated through coordination with the Secretariat-General and the Directorate General as in charge of the program at the Environment Ministry.
(4) guidance and supervision as dmaksud in subsection (1) and paragraph (2), carried out in accordance with the provisions of the legislation.
CHAPTER X PENALTIES Article 15 (1) the SEGWAY province who intentionally and/or missing report dekonsentrasi can be penalized in the form of: a. delay disbursement dekonsentrasi for the next quarter; or b. the cessation dekonsentrasi fund allocation for the next fiscal year.
(2) the imposition of sanctions did not free the Province from liability SEGWAY report dekonsentrasi.
CHAPTER XI CLOSING PROVISIONS article 16 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 January 13, 2012, MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, JERO WACIK Enacted in Jakarta on January 13, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();