Regulation Of The Minister Of Finance Number 47/fmd. 07/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 47/PMK.07/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5164125cd0863b313233353138.html

BN 144-2011 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 144, 2011 REGULATIONS the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 47/FMD. 07/2011 ABOUT the COMPLETION of LOAN ARREARS of LOCAL GOVERNMENT to the GOVERNMENT through GENERAL ALLOCATION FUND CUTS SANCTIONS and/or FUNDS for RESULTS with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to implement the provisions of article 41 paragraph (3) the Government Regulation Number 54 in 2005 about the Lending Area The Finance Minister, has set a regulation of the Minister of finance Number 129/FMD. 07/2008 concerning the procedures for the implementation of the Sanctions the General Allocation Fund Cuts and/or funds for Results in relation to the loan of the area from the Central Government;
b. that with respect to the letter a above and in order to adjust the needs and development of the management of the loans area sourced from the current Government, perceived need to do completion on the procedures for the implementation of the General Allocation Fund cuts sanctions and/or Funding for results in relation to the Loans area from Central Government by replacing Finance Minister Regulation Number 129/FMD. 07/2008 referred to;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of finance about The completion of Loan Arrears of local Government to the Government Through General Allocation Fund Cuts Sanctions and/or funds for the results;
Remember: 1. 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);
1. Government Regulation Number 54 in 2005 about the Loans area (Gazette of the Republic of Indonesia Number 136 in 2005, an additional Sheet of the Republic of Indonesia Number 4574);
2. Presidential Decree Number 56/P in 2010;

Decide: define: REGULATION of the MINISTER of FINANCE ABOUT the COMPLETION of LOAN ARREARS of LOCAL GOVERNMENT to the GOVERNMENT through GENERAL ALLOCATION FUND CUTS SANCTIONS and/or FUNDING for the RESULTS.

CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Finance Minister, is: 1. 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.
2. The autonomous region, hereinafter called the area, is the unity of Community law which has territorial boundaries are authorized to organize and administer the Affairs of Government and the interests of the local community according to its own initiative on the basis of the aspirations of the community in the system of unitary State of the Republic of Indonesia.
3. Local Governments, local government, hereinafter referred to as the Governor-General, Governor, or mayor and the Region as organizer of local governance.
4. The local government Loans, Government Loans are referred to hereafter, is all the transactions that resulted in the local government receives a sum of money or benefit which is worth money so the local Government bears the obligation to repay.
5. Central Government Investment, hereinafter abbreviated to PIPS, is the Government's Investment in the form of a unit of work which has duties and responsibilities for carrying out the Government's Investment based on the policy established by the Minister of finance.
6. The General Allocation Fund, hereinafter abbreviated DAU, is a fund sourced from income Budget income and Expenditure the country allocated with the goal of equitable regional intergovernmental financial capability to fund the needs of the region in the framework of the implementation of decentralization.
7. Funds for the result, hereinafter abbreviated DBH, was a fund sourced from income Budget income and Expenditure the country allocated to Regions based on percentage figures to fund the needs of the region in the framework of the implementation of decentralization.
8. is the amount Arrears liability Partnership consisting of Loan liabilities of principal, interest, fines, and/or other fees, which have not been paid by the local government and have passed your due date, in accordance with the loan agreement texts.
9. The fiscal Capacity is the ability of the financial picture of each region are mirrored through receipt of public Budget income and Expenditure Area (not including the specific allocation fund, emergency fund, loan fund, and other acceptance of their use is restricted to finance certain expenditure) to cover the tasks of Government after deducting expenditures officers and is associated with a poor population.
10. User Budget/Budget Users Power transfers to the regions, hereinafter called the PA/KPA, is the Minister of finance or his power which is responsible for managing the budget Transfer to the area.
11. Request for payment Letter, hereinafter abbreviated SPP, is a document published by the officials responsible for the implementation of the transfer and delivered to officials Signing SPP testers/SPM.
12. Pay Warrant, hereinafter abbreviated MSS, is a document published by the PA/KPA or other officials designated to disburse the funds allocation sourced from Budgetary Implementation Checklist or other documents which are used interchangeably.
13. Warrant of Disbursement, hereinafter abbreviated as SP2D, is a warrant issued by the State General Treasurer's power for the execution of expenditure over the burden of Budget revenues and Expenditures of the State based on SPM.

CHAPTER II SCOPE of GENERAL ALLOCATION FUND CUTS and/or FUNDS for the RESULTS of the article 2 (1) Sanctions cutting DAU and DBH/or applies to a Partnership that has a delinquent Loan taxable Government sourced from Government.
(2) Cutting DAU and DBH and/or referred to in subsection (1) is accounted for the settlement of Arrears.

Article 3 Sanctions cutting DAU and DBH/or may only be imposed against a local Government Loan loan agreement or script changes include provisions on sanctions cutting DAU and/or DBH.

Article 4 (1) local government Loans were sourced from the Government as stipulated in article 2 paragraph (1) is the local government Loans provided through: a. the Minister of finance; or b.  The officials who authorized or empowered by Secretary of the Treasury.
(2) local government Loans were sourced from the Government as stipulated in article 2 paragraph (1): a. funds allocated in the budget of the State Expenditures and Income, including Government-run investment funds PIP, domestic loans, forwarding forwarding loans abroad; and b.  the loan comes from the account of the Fund investment and regional development Account which have been restructured.
(3) Government investment fund referred to in paragraph (2) letter a sourced from: a. Budget revenues and Expenditures of the State;

b. the benefits of investing earlier;
c. funds/goods address other parties maintained by the PIP including funds of deposit financial institutions banks and financial institutions is not a bank; and/or d.  other sources are valid.

CHAPTER III GENERAL ALLOCATION FUNDS CUTTING QUANTITY and/or FUNDS for the RESULTS of article 5 (1) a quantity of cutting DAU and/or DBH is calculated of amount of Arrears.
(2) a quantity of cutting DAU and DBH/or per year specified in a certain percentage of the DAU and DBH/or which will be transmitted in this regard.
(3) the percentage of deduction DAU and DBH/or as referred to in paragraph (2) pay attention to the fiscal capacity of the Regions concerned.
(4) the fiscal Capacity referred to in paragraph (3) refers to fiscal capacity set out in the regulation of the Minister of finance governing the fiscal capacity of the map area.

Article 6 composition of net cutting DAU and DBH/or per year as referred to in article 5 are as follows: a. by 20% (twenty per hundred) for areas with very high Fiscal Capacity;

b. by 20% (twenty per hundred) for areas with High Fiscal Capacity;

c. by 15% (fifteen per hundred) for areas with Moderate Fiscal Capacity; and d.   of 10% (ten per hundred) to areas with Lower Fiscal Capacity.

Article 7 (1) in terms of the amount of Arrears is greater than the magnitude of cuts DAU and/or DBH per year are calculated based on the provisions referred to in article 6, the cutting of the DAU and DBH/or done gradually for several years until the entire Arrears settled/paid off.
(2) Cutting DAU and DBH and/or referred to in subsection (1) for the following year is calculated based on the data of fiscal Capacity and the number of DAU and DBH which will be channelled to the regions concerned in the fiscal year concerned.

CHAPTER IV PROCEDURE for ALLOCATION OF PUBLIC FUNDING CUTS and/or FUNDS for the RESULTS of article 8 (1) Investment Management System Directorate-General Directorate of treasuries, PIP, or other unit of the Environment Ministry of finance authorized to manage accounts receivable to reconcile local government loans with Government debt and meet the requirements referred to in article 3.
(2) Reconciliation referred to in subsection (1) is poured in a news event of reconciliation and signed by officials who represent the Directorate of Investment Management Systems – Directorate General of the Treasury, PIP, or other units in the Environment Ministry of finance and local government debt.
(3) News event of reconciliation referred to in subsection (2), at least contain: a. name of the local government;

b. number and date of the loan agreement concerned with changes/amandemennya; and c.  the number and details of Arrears.

Article 9

(1) based on news events of reconciliation as stipulated in article 8, the Director of Investment Management Systems – Directorate General of the Treasury on behalf of the Director General of the Treasury, the head of the PIP, the leadership of the other units in the Environment Ministry of finance authorized to manage accounts receivable to the Partnership delivered a letter request for cutting DAU and DBH/or as settlement of Arrears to the Financial Equalization in particular the Director-General the Director of the financing and the capacity of the region.
(2) a letter of request cutting DAU and/or DBH as referred to in paragraph (1) contains at least the following matters: a. the name of the local government who would be penalized;

b. number and date of the corresponding local Government Loan Agreement with changes/amandemennya;

c. the number and details of Arrears; and d.  bank name, account number, account name, and the name of the owner of the account that is used to hold the results of the Fund cuts DAU and/or DBH.
(3) a letter of request cutting DAU and DBH/or as referred to in paragraph (1) and paragraph (2) the enclosed documents: a. loan reconciliation event news as referred to in article 8;

b. coffee loan agreement and/or changes;
c. coffee affidavit the Governor/Regent/Mayor who has been approved by the Chairman of the regional people's representative Council (DPRD) regarding the willingness of cut DAU and/or DBH directly;
d. copies of Attorney Governor/Regent/Mayor who has been approved by the Chairman of the DPRD to Director General of Financial Equalization as KPA transfers to regions to cut the DAU and/or DBH;
e. copies of LEGISLATIVE approval of Loan Administration;
f. affidavit of sole responsibility.
Article 10 (1) Upon a request letter cutting DAU and/or DBH as referred to in article 9, the Director of the financing and the capacity of the region-Directorate General of Financial Equalization on behalf of the Director General of Financial Equalization do calculation of quantity of cutting DAU and DBH or per period/transfer by observing the quantity maximum severing DAU and DBH/or as referred to in article 6 and article 7.
(2) on the basis of the calculation referred to in paragraph (1), the Director General of Financial Equalization on behalf of the Minister of finance publishes the letter statute sanctions cutting DAU and DBH/or regard for the fiscal year as the completion of the corresponding local government Arrears.
(3) the letter statute sanctions cutting DAU and DBH/or as referred to in paragraph (2) contains at least: a. the name of the local government which imposed sanctions;

b. number and date of the loan agreement concerned with changes/amandemennya;

c. the amount of Arrears;

d. a type of funding that was cut as a settlement of Arrears;

e. quantity and the period of cutting DAU and/or DBH;

f. details the allocation of settlement of Arrears of principal, interest, fines, and other costs; and g.  bank name, account number, account name, and the name of the owner of the account that is used to hold the results of the Fund cuts DAU and/or DBH.
(4) Letter statute sanctions cutting DAU and DBH/or as referred to in paragraph (2) be the basis of implementation cuts DAU and/or DBH.
Article 11 (1) based on letter statute sanctions cutting DAU and DBH/or as referred to in article 10, PA/KPA transfers to the region or the Publisher's official TUITION FEE set by the PA/KPA implement sanctions cutting DAU and DBH/or listing on Annex SPP DAU and/or DBH.
(2) based on the TUITION FEE referred to in subsection (1), PA/KPA transfers to regions or official testers SPP and signatory SPM set by PA/KPA implement sanctions cutting DAU and DBH/or listing on Annex SPM DAU and/or DBH.
(3) in the event that demand cuts DAU and/or DBH presented by the Director of the Investment Management System-the Directorate General of the Treasury on behalf of the Director General of the Treasury, or the command of other units in the Environment Ministry of finance authorized to manage accounts receivable to the Partnership, then on the attachment SPP and SPM as referred to in paragraph (1) and paragraph (2), noted: a. Total DAU and DBH/or accrues region;

b. Section DAU and DBH/or will be transferred to the account of local government;

c. Section DAU and DBH/or will be transferred to the General Treasury Account as delinquent settlement.
(4) in the event that demand cuts DAU and/or DBH filed by Head-PIP, then on the attachment SPP and SPM as referred to in paragraph (1) and paragraph (2), noted: a. Total DAU and DBH/or accrues region;

b. Section DAU and DBH/or will be transferred to the account of local government;

c. Section DAU and DBH/or will be transferred to an account maintained PIP as a settlement of arrears.
(5) the procedures for issuing SPP and SPM as referred to in paragraph (1) and paragraph (2) in accordance with the provisions of the legislation.

Article 12 (1) SPM DAU and DBH SPM/or that lists sanctions cutting DAU and DBH and/or referred to in article 11 paragraph (2) is submitted to the Office of the Ministry of State Treasury Jakarta II.
(2) according to the SPM as referred to in paragraph (1), the Office of the Ministry of State Treasury Jakarta II publishes SP2D.
(3) the procedures for the issuance of the SP2D referred to in paragraph (2) is conducted in accordance with the provisions of the legislation.
Chapter V the ADMINISTERING, accounting, and REPORTING of article 13 (1) for each implementation of sanctions cutting DAU and/or DBH, the Director of Equalization Funds-Financial Equalization Directorate on behalf of the Director General delivered a letter of confirmation of Financial Equalization deduction DAU and/or DBH to local government in question and the Director of Investment Management Systems – Directorate General of the Treasury or the head-PIP or the leadership of the other units in the Environment Ministry of finance authorized to manage accounts receivable to the Partnership.
(2) the Director of the Investment Management System-the Directorate General of the Treasury or the head-PIP or the leadership of the other units in the Environment Ministry of finance authorized to manage accounts receivable to the Partnership answer confirmation letter as referred to in paragraph (1) to the Director General of Financial Equalization.

Article 14 (1) based on letter statute sanctions cutting DAU and/or DBH, SPM, and SP2D, the Director General of Financial Equalization Transfers to the KPA as did administering, accounting, and reporting.
(2) Upon confirmation letter cutting DAU and DBH/or as referred to in article 13, the Director of Investment Management Systems – Directorate General of the Treasury, the head of the PIP, the leadership of the other units in the Environment Ministry of finance authorized to manage accounts receivable to the Partnership performs the administering, accounting, and reporting.
(3) the procedures for administering, accounting, and reporting transfers to the regions and local government due to the Government's accounts receivable transaction cuts DAU and/or DBH as settlement of Arrears referred to in subsection (1) and paragraph (2) is conducted in accordance with the provisions of the legislation.

CHAPTER VI CLOSING Provisions Article 15 required further implementation in the framework of regulation of the Minister of finance is governed by the regulations the Director General of Financial Equalization.

Article 16 of the financial regulation of the Minister at the time it came into force, the regulation of the Minister of finance Number 129/FMD. 07/2008 concerning the procedures for the implementation of the Sanctions the General Allocation Fund Cuts and/or funds for Results in relation to the Loans area from Central Government, revoked and declared inapplicable.

Article 17 of the regulation this Minister of Finance took effect 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.

Established in Jakarta on March 15, 2011-MINISTRY of FINANCE of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO d. w. Enacted in Jakarta on March 15, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();