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Regulation Of The Minister Of Communication And Informatics Number 19 In 2012

Original Language Title: Peraturan Menteri Komunikasi dan Informatika Nomor 19 Tahun 2012

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rs.
7. Year of the Book is a term of 1 (one) year starting from January to December;
8. Treasurer is the recipient of a recipient of the Directorate General of the Post and Informatics appointed by the Minister in accordance with the provisions of the negotiations;
9. The Minister is the Minister whose scope of duty and responsibility in the field of telecommunications;
10.Instansi Examiner is the Financial and Development Oversight Board.
11.Secretary General is the Secretary General of the Ministry of Communications and Informatics;
12.Inspector General is the Inspector General of the Ministry of Communications and Informatics;
13.Director General is the Director General of the Postal Service and Informatics;
14.Directorate General is the Directorate General of the Post and Informatics;
15.Director is Director of Post Control and Informatics.

BAB II
BHP TELECOM
Section 2
Every service organizer and telecom network that has earned the hosting permit is required to pay BHP Telecommunications.

Article 3
BHP telecommunications magnate is levied by 0.50% (zero comma fifty percent) of the gross revenues of telecommunications in accordance with the laws.

Section 4
(1) The implementation of the payment of levies as referred to in Article 2 is mandatory at the slowest 30 April of the following year.
(2) The implementation of the payment as referred to in Article 2 may be performed per quarter or per semester.


BAB III
ORDER THE CALCULATION OF BHP TELECOM MAGNATE
Section 5
(1) The value of BHP Telecommunications magnate by telecom organizers is exercised on its own calculations by referring to financial statements that have been audited by the Public Accountant Office.
(2) In terms of telecommunications organizers whose financial statements are not audited by the Public Accountant Office, the calculation of BHP Telecommunications magnates as referred to paragraph (1) refers to the financial report signed by authorized company officials.


Section 6
(1) Any telecom organizer whose financial statements are audited by the public accountant and has not completed the audit report until the maturity of BHP Telecommunications payment as referred to in Article 4 of the paragraph (1), then BHP's telecommunications magnate is calculated based on unaudited financial statements.
(2) In the case of BHP Telecommunications paid as referred to paragraph (1) less than the quantity calculated based on the audited financial report, the telecom organizer is required to pay the principal pay shortfall In question and imposed administrative sanctions, it is a fine.
(3) In terms of BHP Telecommunications paid as referred to paragraph (1) greater than should be paid based on the audited financial report, then the excess of such payment will be taken into account as Payment in advance of BHP Telecommunications next year.


Section 7
(1) In the calculation of the magnitude of BHP Telecommunications, revenue is not counted as the gross revenue of hosting telecommunications as referred to in Article 3 of the revenue obtained from:
a. Building and vehicle rentals;
B. Consulting services and assistance;
C. Construction services and infrastructure development;
D. System integration and development services;
e. Free-buying and leasing of non-telecom goods; and/or
f. Buy tools and telecommunications devices.
G. Another venture outside of telecommunications.
(2) Revenue as referred to in paragraph (1) may be accepted as an income not counted as a gross income as long as it is not related to the telecom service or not is part of the package provisioning of the telecom service (bundling) as evidenced by the document:
a. Contract cooperation with related parties; and
B. The invoice or receipt of the receipt from the relevant party.


Section 8
The gross revenue being the basis for the calculation of BHP Telecommunications magnates can be reduced the elements as follows:
a. Real-real debt is not paid from the host of telecommunications; and/or
b. Interconnect and/or telecommunications network connectivity obligations with telecommunications service provider devices.


Section 9
(1) Real-real debt not repaid as referred to in Section 8 of the letter a was removed which is specified by the General Meeting of Shareholders or which is specified in accordance with the laws of the law.
(2) If there is no real acceptance of the debt as referred to in verse (1), then the receipt of the debt is the revenue that BHP Telecommunications imposed.


Article 10
(1) The payment of the interconnect and/or interconnect fee obligations as referred to in Section 8 of the letter b is the payment of the contractual obligations between telecommunications networks from the host of telecommunications networks. different and/or the cost of connecting telecommunications services to telecommunications networks.
(2) The interconnect and/or connection charge as referred to in paragraph (1) is the interconnect and/or connection charge that is the other organizer ' s right as set forth in the laws.
(3) The cost of interconnections being the overseas organizer ' s right is not a sacrifice factor of the gross income that BHP Telecommunications imposed.
(4) List of types of interconnect services and connections as referred to in paragraph (1) for any type of telecommunications provider as in Appendix V that is not integral in this Minister's Regulation.


BAB IV
BHP TELECOM STORAGE
Section 11
The entire reception of BHP Telecommunications as referred to in Article 2 is tuned to the State Kas through the Account of the Treasurer of the General Directorate General on the Government Bank.

BAB V
ORDER OF THE FINANCIAL REPORT DELIVERY AND THE DESIGNATION OF BHP TELECOM MAGNATE
Section 12
(1) Telecommunications organizers who have paid BHP Telecommunications as referred to in Article 11, are required to deliver the telecom services;
2. The subsequent cost of the telecommunications hosting rights called BHP Telecommunications is an obligation to be paid by any telecom organizer and is the acceptance of the country instead of tax;
3. Gross Revenue is the entire revenue of hosting telecommunications that are obtained from any business activities related to the license of the telecommunications that it owns;
4. The telecommunications are the provision and service activities of telecommunications that allow the host of telecommunications.
5. Interconnect is the interconnect of telecommunications networks from the organizers of different telecom networks;
6. The connection is the cover of telecommunications services with telecommunications networks such as servers, service vertices (nodes) and route the least document in the form:
a. Financial Report;
B. account list (chart of account);
c. ledger (general ledger);
D. balance trial (trial balance);
e. proof of BHP Telecommunications payment transfer; and
f. documents as the basis for the calculation of BHP Telecommunications.
(2) The financial report as referred to in paragraph (1) is a financial report that has been audited by the Public Accountant Office.
(3) Special to the telecom organizers whose financial statements are not audited by the Public Accountant Office as referred to in Article 5 of the paragraph (2), using a financial report signed by the Directors by attaching a letter of statement not conducted audited by the Office of Public Accountants as in Appendix I inseparable from this Minister ' s Regulation.
(4) Documents as referred to in paragraph (1) delivered the slowest 1 (one) week after payment to the Director General of cq. The Director is in the form of a physical or electronic document by attached a letter of statement of correctness of the document as in Appendix II which is inseparable in the Regulation of this Minister.


Section 13
(1) For the purposes of establishing the BHP telecommunications magnate of any telecom organizer, the Director General can perform matching and research.
(2) The matching and research referred to in paragraph (1) is exercised by the officer under the Order of the Execution Task issued by the Director in the name of the Director General by first signing the a pact of integrity as in Appendix III that is inseparable from this Minister ' s Regulation.
(3) In the execution of matching and research, the officer as referred to in the paragraph (2) may request records and/or documents that are the basis of records as well as other documents related to the payment obligations.
(4) In the execution of matching and research, the telecommunications organizer may request to be conducted matching and research after making the payment and delivering the document as referred to in section 12. complete.
(5) The results of matching and research are poured in the news of the event according to the format as in the inseparable IV attachment of this Ministerial Regulation.


Section 14
In order of designation as referred to in Article 13 of the paragraph (1), the Director General may request the examiner's instance to conduct an examination of the telecommunications organizers.

Section 15
(1) If in the results of BHP Telecommunications magnates there is a principal pay shortage, the company is obliged to pay the principal pay shortfall and if it has exceeded the due date of payment as it is in question Article 4 of the paragraph (1) is the administrative sanction of the fine.
(2) If in the results of BHP Telecommunications magnate there is an excess of principal pay, then the excess of such payment will be taken into account as part of the upfront payment of BHP Telecommunications the following year.


BAB VI
OBJECTION
Section 16
Telecommunications organizers may submit objections to the results of BHP Telecommunications magnate as referred to in Article 14 of the longest 3 (three) months from the date of the assignment in accordance with the terms and conditions in accordance with the terms and conditions. The laws.

BAB VII
SANCTION
Section 17
Each Telecommunications organizer who does not meet the provisions as referred to in Article 2 and Article 12 of the paragraph (1) is subject to sanction in accordance with the laws.

Section 18
(1) The introduction of the fine as a result of delay of payment or less pay principal as referred to in Section 4 of the paragraph (1), Section 6 of the paragraph (2) and Section 15 of the paragraph (1) is calculated from the due date of the expiration date. referred to in Article 4 of the paragraph (1).
(2) The amount of penalty fines as referred to in paragraph (1) is up 2% (two percent) per month of the amount of BHP Telecommunications in debt and that part of the month counts 1 (one) full month.
(3) the administrative sanction of a fine as referred to in paragraph (2) is imposed for at least 24 (twenty-four) months.


Article 19
(1) 1 (One) months after the due of payment due, the Director General publishes the First Bill addressed against telecommunications organizers who have not yet made the payment of BHP Telecommunications.
(2) If in the term of 1 (one) month from the date of the First Order of the First Bill as referred to in paragraph (1) to be issued Invoice Pay has not yet or not to pay off its obligations, it is issued a Second Bill.
(3) If in the term of 1 (one) month of the second invoice date as referred to in the paragraph (2) of the invoice issued, the Third Bill of the Month is published.
(4) If in the term of 1 (one) month of the Third Order Letter as referred to in paragraph (3) of the written paragraph (3) of the third paragraph of the invoice, then the payment is subject to the terms of the terms of the IBM International invoice. as follows:
a. Sanctions comply with the rules of the rules; and/or
B. The handover of the billing to the authorized agency takes care of the state's debt to be processed further.


BAB VIII
REPORTING
Section 20
Treasurer of the recipient every month is required to report all BHP Telecommunications receipts to the Minister for the slowest date of 10 (ten) the following month by busan to the Secretary General, the Director General, and the Inspector General.

BAB IX
CLOSING PROVISIONS
Section 21
(1) At the time the rules of the minister are in effect, the Regulation of the Minister of Communications and Informatics Number: 22 /PER/M. KOMINFO/10/ 2005 about the Tariff Implementation Directive of the Receipt Of The Country Instead Of Taxes of Organizing Rights Fees Telecommunications still remain in effect as long as it does not conflict with this Minister's Rule
(2) The implementation of the Telecommunications Organizer Rights Charge is performed by the Directorate General based on the Operational Standards and Procedure prescribed by the Director General.


Section 22
The Regulation of the Minister is beginning to apply at the designated date.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on July 20, 2012
MINISTER OF COMMUNICATIONS AND INFORMATICS
REPUBLIC OF INDONESIA,

SEMBIRING TIFATUL


Is promulred in Jakarta
on 3 August 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN


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