Regulation Of The Minister Of Finance Number 38/fmd. 02/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 38/PMK.02/2011 Tahun 2011

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Microsoft Word-bn121-2011 REPUBLIC of INDONESIA No. 121, 2011 MINISTRY of FINANCE. Optimization Of Budget. Pagu Cutting Spending. Ministries/Agencies. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 38/FMD. 02/2011 ABOUT the USE of the RESULTS of the OPTIMIZATION of the BUDGET of MINISTRIES/AGENCIES in fiscal year 2010 and 2011 budget CUTS SPENDING PAGU MINISTRIES/AGENCIES in FISCAL YEAR 2011 that DOES NOT FULLY IMPLEMENT the fiscal year 2010 BUDGET with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that based on the provisions of article 16A Act No. 2 of 2010 about the changes to the Act No. 47 of 2009 about the budget Income and Expenditures of the State fiscal year 2010, the use of the results of the optimization of the budget of Ministries/Agencies fiscal year 2010 year 2011 budget set by the Government; b. that based on the provisions of article 20 of the Act number 10 of 2010 about the budget of the State Expenditures and revenues of the fiscal year 2011, cutting shopping launched Ministry of www.djpp.kemenkumham.go.id 2011, no. 121 2 countries/Institutions on fiscal year 2011 that does not fully implement the fiscal year 2010 budget set by the Government; c. that in accordance with Act No. 17 of 2003 about the finances of the State, the Minister of finance as a fiscal Manager needs to be set regarding the procedures for the use of the results of the optimization of the budget of Ministries/Agencies in fiscal year 2010 and 2011 budget cuts spending pagu Ministries/Agencies in fiscal year 2011 that does not fully implement the budget of the fiscal year 2010; d. that based on considerations as referred to in letter a, letter b, letter c, and the need to set a regulation of the Minister of finance regarding the procedures for the use of the results of the optimization of the budget of Ministries/Agencies in fiscal year 2010 and 2011 budget Cuts Spending Pagu Ministries/Agencies in fiscal year 2011 that does not fully implement the budget of the fiscal year 2010; 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 Indonesia in 2004, an additional Sheet No. 5 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. 47 of 2009 about the budget of the State Expenditures and revenues of the fiscal year 2010 (State Gazette of the Republic of Indonesia www.djpp.kemenkumham.go.id 2011, no. 1213 year 2009 Number 156, additional sheets of the Republic of Indonesia Number 5075) as amended by Act No. 2 of 2010 (State Gazette of the Republic of Indonesia Number 69 in 2010, an additional Sheet of the Republic of Indonesia Number 5282); 5. Act No. 10 of 2010 about the budget revenue and Expenditure of the State fiscal year 2011 (State Gazette of the Republic of Indonesia Number 126 of 2010, an additional Sheet of the Republic of Indonesia Number 5167); 6. Presidential Decree Number 56/P in 2010; Decide: define: REGULATION of the MINISTER of FINANCE ABOUT the USE of the RESULTS of the OPTIMIZATION of the BUDGET of MINISTRIES/AGENCIES in fiscal year 2010 and 2011 budget CUTS SPENDING PAGU MINISTRIES/AGENCIES in FISCAL YEAR 2011 that DOES NOT FULLY IMPLEMENT the BUDGET of fiscal year 2010. CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of finance it is: 1. The results of Optimization is the result more or the rest of the funds obtained after the implementation of a package of jobs that target his target has been achieved from a jobs package is implemented in contractual or swakelola. 2. Performance targets is the work achievement plan in the form of the volume output of an activity or result of a programme with a measurable quantity and quality that is contained in the budget document. www.djpp.kemenkumham.go.id 2011, no. 121 4 3. A new initiative (new initiative) is an additional performance plan proposals other than those listed in the work plan and budget Ministries/institutions (RKA-K/L) and/or Budget Implementation Checklist (DIPA) fiscal year 2011 that can be in the form of programs, activities, and/or a new exodus. 4. Work plan and budget a work Unit, hereinafter abbreviated Satker RKA, is the annual financial plan is a document of work units that are arranged according to the part of the budget of the Ministries/agencies. Article 2 of the Ministries/agencies that perform optimization of the budget in fiscal year 2010, can use the results of the optimization of the budget in fiscal year 2011, hereinafter called "award (reward). Article 3 Ministries/agencies that did not fully implement the fiscal year 2010 budget, may be subject to withholding pagu shopping in Budget 2011, hereinafter referred to as the sanctions (punishment). The second part of the criteria of granting and Award Form (Reward) article 4 (1) Award (reward) referred to in article 2 provided to Ministries/institutions with the following criteria: a. has the optimization Results in fiscal year 2010 and has not been used in fiscal year 2010; and b. the calculation result from the results of the optimization after reduced the rest of the budget that are not accompanied by a rationale that can produce a positive value, accounted for. Comment [j1]: Comment [j2]: Comment [j3]: Comment [j4]: www.djpp.kemenkumham.go.id 2011, no. 1215 (2) Awards (reward) to Ministries/institutions as referred to in paragraph (1) was given to a unit of work that contributes to the acquisition of the award (reward) question. a. Article 5 (1) of article 2 (2) (1) Award (reward) is given to the ministries/agencies to pay attention to the results of the optimization that has not been used in fiscal year 2010. (1) Award (reward) is given to the Ministries/Agencies referred to in article 2 may include: a. additional budget allocation in fiscal year 2011; b. priority in getting the Fund up new initiatives (new initiative) are filed; c. priority in getting an extra budget if the financial condition of the country allows; d. granting Charter Award (award) to the Minister/Chairman of the institution or working unit head; and/or e. publications to mass media. (2) an additional allocation of budget in the year 2011 budget as referred to in paragraph (1) letter a is used for new initiatives (new initiative) or for adding volume to the same output. (3) an additional allocation of budget in the fiscal year 2011 as mentioned in paragraph (1) letter a maximum equal to the optimization of Results has not yet been used on the 2010 budget Year. (1) Article 3 (2) a. awarded to K/L as referred to in section 2, refer to the following: c riteria. Rest of the optimization of results comes from the tender; (3) The rest of the optimization of results derived from swakelola; Formatted: Centered, Space Before: 4 pt, After: 4 pt, No bullets or numbering, No widow/orphan control Formatted: Font: Times New Roman, 14 pt, English (United States) Formatted: Font: Times New Roman, 14 pt, Indonesian (Indonesia) www.djpp.kemenkumham.go.id 2011, no. 121 (4) b. criteria not included in the category of the award is the third criteria for imposition of Sanctions (Punishment) article 6 (1) Sanctions (punishment) as referred to in article 3 is subject to the Ministries/Agencies with the following criteria : a. There is the rest of the budget that is not accompanied with a reason that can be accounted for; and b. the calculation result from the rest of the budget that are not accompanied by a reason which can be accounted for after the Optimization Results reduced have not been used in fiscal year 2010, generating a positive value. (2) the sanctions (punishment) as referred to in subsection (1) is not subject to the Ministries/Agencies in terms of performance targets Ministries/institutions concerned has been reached entirely. (3) Sanctions (punishment) as referred to in paragraph (1) the maximum budget of fiscal year 2010 that is not absorbed and is not accompanied by the reason which can be accounted for. (4) Sanctions (punishment) to Ministries/institutions as referred to in paragraph (1) is charged to a unit of work that lead to the reduction of the State Ministry launched/institution concerned. (5) the imposition of sanctions (punishment) to a unit of work referred to in subsection (4) must not hinder the achievement of national development targets and lowering of service to the public. (1) Article 4 (2) f. Sanctions (punishment) is subject to the Ministry/agency that does not fully implement the shopping and does not reach the Formatted: Normal, Indent: Left: 0 cm, Space Before: 4 pt, After: 4 pt, No widow/orphan control Formatted: Centered, Space Before: 4 pt, After: 4 pt, No widow/orphan control Formatted: Font: Times New Roman, 14 pt, Double strikethrough Formatted: Font: Times New Roman , 3 pt, Indonesian (Indonesia), Double strikethrough Formatted: Font: Times New Roman, 14 pt, Double strikethrough www.djpp.kemenkumham.go.id


2011, no. 1217 performance targets in fiscal year 2010. Article 7 (1) the reason which cannot be accounted for as stipulated in article 6 paragraph (1) letter a include the following matters: a. no fulfillment of criteria-criteria for activities that can be financed from the budget of fiscal year 2010; b. do not follow legal regulations in the field of finances of the State and Government procurement of goods/services; c. delay the appointment of the head of the unit of work and/or implementing activities; and/or d. doesn't include explanation of the reports submitted. (2) the reason that could not be accounted for as stipulated in article 6 paragraph (1) letter a does not include: a. budget allocation sourced from Foreign Grants and Loans (PHLN), loans and grants in the country (PHDN), the acceptance of the State is not the tax (PNBP)/Badan public service (BLU), Pure Complementary Rupiah; b. budget allocation its use must obtain the approval of the House of representatives in advance; or c. due to circumstances of kahar (force majeure) include natural disasters, conflict/potential social conflicts, and weather. Article 6 c. Sanctions given to K/L as referred to in section 2, refer to the following criteria: (1) (6) the rest of the budget comes from the activities of national priority b. The rest of the budget comes from the priority activities of the K/L Formatted: Font: Times New Roman, 14 pt, Double strikethrough Formatted: Font: Times New Roman, 14 pt, Indonesian (Indonesia), Double strikethrough Formatted: Font : Times New Roman, 14 pt, Double strikethrough Formatted: Font: Times New Roman, 14 pt, Indonesian (Indonesia), Double strikethrough Formatted: Font: (Default) Times New Roman, 14 pt, Font color: Auto Formatted: Font: (Default) Times New Roman, 14 pt, Font color: Auto, Indonesian (Indonesia) Formatted: Font: (Default) Times New Roman, 14 pt, Font color: Auto, Indonesian (Indonesia) Formatted: Font: (Default) Times New Roman , 3 pt, Font color: Auto, Indonesian (Indonesia) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) Formatted: Space Before: 6 pt, After: 6 pt, Numbered + 1 + Level: the Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left Aligned at: + 12 cm + Indent at: 0.63 cm, No widow/orphan control Formatted: Normal, Space After: 6 pt, Don't add space between paragraphs of the same style , Numbered + 1 + Level: the Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left Aligned at: + 0.63 cm + Indent at: 1.27 cm, No widow/orphan control Formatted: Font: Times New Roman, 14 pt, Swedish (Sweden) www.djpp.kemenkumham.go.id 2011, no. 121 8 d. criteria not included in the award categories is CHAPTER II DETERMINATION of the AWARD MECHANISM (REWARD) and the IMPOSITION OF SANCTIONS (PUNISHMENT) article 8 (1) Ministries/Agencies delivered a report on the results of the implementation of the budget of fiscal year 2010 along with computer Data Archive (ADK) to the Directorate General Budget at the latest on 11 March 2011 containing: a. data launched budget based on Budget income and Expenditure the country Changes the fiscal year 2010 and of budget realization per activities and/or national priorities activities priorities K/L according to the unit of Echelon I per satkerper program; and b. explanation for a budget which is not absorbed. (2) in terms of Ministries/institutions do not include the explanation referred to in paragraph (1) letter b, the rest of the budget is categorized as a reason that cannot be accounted for. (3) the Format of the reports referred to in paragraph (1) is as listed in Annex I which is not an integral part of the regulation of the Minister of finance. Article 9 (1) based on the reports referred to in article 8 paragraph (1), the Directorate General of the budget in order to assess the grant award (reward) and the imposition of sanctions (punishment) for Ministries/institutions in accordance with the criteria referred to in article 4 and article 6 at the latest end date of February 25 March 2011. (2) in terms of Ministries/institutions did not submit a report as referred to in article 8 paragraph (1), assessment in order Formatted: Strong, Space Before: 6 pt, After: 6 pt, Numbered + 1 + Level: the Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left Aligned + at: 1.27 cm + Indent at: 1.9 cm, No widow/orphan control Formatted: Font: Times New Roman, 14 pt, Bold Not Formatted : Fonts: Times New Roman, 14 pt, Not Double strikethrough Formatted: Font: Times New Roman, 14 pt, Swedish (Sweden), Not Double strikethrough www.djpp.kemenkumham.go.id 2011, no. 1219 Award (reward) and the imposition of sanctions (punishment) was done based on the data that existed at the Directorate General of budget. (3) the Minister of Finance set the decision of the Minister of finance regarding the granting of the award (reward) and the imposition of sanctions (punishment) to/Lembaga Ministries at least 321 date of March 2011. CHAPTER III ADJUSTMENT RKA SATKER CHECKLIST and the IMPLEMENTATION of the budget (DIPA) article 10 (1) Upon the decision of the Minister of finance Circulars referred to in Article 69, paragraph (3) Ministries/Agencies make adjustments against RKA Satker in accordance with provisions of laws and regulations governing the procedures for the revision of the budget. (2) Adjustments related to the Satker RKA imposition of sanctions (punishment), should pay attention to the realization of the Satker DIPA deals so as not to lead to launched minus, by attaching data realization is known by the local State Treasury Ministry Office. (3) adjustment of RKA Satker as referred to in paragraph (1) and paragraph (2) be the basis for the adjustment of the Satker DIPA deals. (4) adjustment of DIPA Satker as referred to in paragraph (3) was done at the latest on 31 December 2011. Article 11 PPenyesuaian RKA Satker/DIPA Satker imposed sanction (punishment) as stipulated in article 107, do not reduce the allocation of budget for: a. the fulfilment of education budget by 20% (twenty-perseratus) from the State budget of fiscal year 2011; Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, Swedish (Sweden) www.djpp.kemenkumham.go.id 2011 , No. 121 10 b. activities achievements national priorities and priority areas as listed in the Government work plan year 2011; c. the fulfillment of the payment of salaries, allowance attached to salary, honoraria, overtime, and vakasi; d. the fulfilment of operational cost and maintenance of office space to a minimum; e. fulfilment of activities implementation for more than one fiscal year (multiyears project); and f. the fulfillment of matching funds for activities sourced from Foreign Grants and Loans (PHLN) and Domestic Loans (PDN). CHAPTER IV REPORTING article 12 Adjustment pagu RKA Satker/DIPA Satker as referred to in article 10tersebut is reported in the income and Expenditure Budget of the State fiscal year 2011 Changes and/or central government financial statements fiscal year 2011. Chapter V CLOSING PROVISIONS Article 13 further Provisions are needed in the framework of implementation of the regulation of the Minister of finance is set by the Director General budget and Director General of the Treasury are singly or together in accordance with those powers. Article 14 of the regulation of the Minister of Finance began in force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of these Regulations the Minister of finance with its placement in the news of the Republic of Indonesia. Formatted: Font: Times New Roman, 14 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman , 3 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman, 14 pt, Font color: Auto, the Spanish (Spain, International Sort) Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color : Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted: Font: Times New Roman, 14 pt, Font color: Auto Formatted : Fonts: (Default) Times New Roman, 14 pt, English (United States) Formatted: Font: (Default) Times New Roman, 14 pt, English (United States) Formatted: Font: (Default) Times New Roman, 14 pt, English (United States) www.djpp.kemenkumham.go.id 2011, no. 12111 Set in Jakarta on 2 March 2011-MINISTRY of FINANCE of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO d. w. Enacted in Jakarta on March 2, 2011 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA , PATRIALIS AKBAR www.djpp.kemenkumham.go.id 2011, no. 121 www.djpp.kemenkumham.go.id 12


2011, no. 12113 INSTRUCTIONS REPORT REALIZATION of BUDGET of FISCAL YEAR 2010 NO DESCRIPTION (1) filled with the names of the Ministries/Agencies (2) filled with unit name Echelon I (3) is filled with the sort of programs (4) is filled with the name of the program (5) filled with pagu Ministries/Agencies set out in the Budget of the State Expenditures and Revenues change in fiscal year 2010 (6) filled with the realization of the budget of fiscal year 2010 (7) filled with the rest of the budget is sourced from the results of the optimization on the fiscal year 2010 and has not been used on the fiscal year 2010 (8) is filled with the rest of the budget is sourced from other than the Optimisation Results in fiscal year 2010 (9) filled with the explanation for the rest of the fiscal year 2010 budget (10) is filled with the name of the Office of Echelon I (11) is filled with the name of the official of the Echelon I (12) filled with a number of officials holding Echelon I, FINANCE MINISTER AGUS MARTOWARDOJO d. w. www.djpp.kemenkumham.go.id