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Regulation Of The Minister Of Finance Number 03/fmd. 06/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 03/PMK.06/2011 Tahun 2011

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BN 03-2011 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 03, 2011PERATURAN the MINISTER of FINANCE of the REPUBLIC of INDONESIA number 03/PMK.06/2010 on MANAGING the STATE-OWNED GOODS that COME FROM the STATE and BOOTY GRATIFICATION with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that the Plunder of State and State-owned Goods is the Gratification that comes from obtaining other legal operations need to be done in an orderly administration , accountable, and able to improve the people's welfare as well as while upholding good governance;
b. that the regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and Pemindahtanganan State-owned Goods, not specifically set up state-owned Goods that come from the State and Booty Gratuities;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of Finance on managing state-owned Goods that come from the State And Booty Gratuities;
Remember: 1. Act No. 8 of 1981 on the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209);
2. Act No. 30 of 2002 about the criminal acts of Corruption eradication Commission (State Gazette of the Republic of Indonesia Number 137 in 2002, an additional Sheet of the Republic of Indonesia Number 4250);
3. 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);
4. 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);
5. Act No. 16 of 2004 about the Prosecutor's Office of the Republic of Indonesia (the State Gazette of the Republic of Indonesia Number 67 in 2004, an additional Sheet of the Republic of Indonesia Number 4401);
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 government regulation Number 38 in 2008 (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855);
7. Presidential Decree Number 56/P in 2010;
8. Regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and Pemindahtanganan State-owned Goods;
Decide: define: REGULATION of the MINISTER of FINANCE on MANAGING STATE-OWNED GOODS that COME FROM the STATE and BOOTY gratuities.
CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of finance it is: 1. the Minister is the Minister of Finance of the Republic of Indonesia.
2. the Attorney General of the Republic of Indonesia, the State Attorney, is hereinafter referred to as government agencies exercising State power in the areas of prosecution and other authority under any law, organized by the Attorney General's Office, based in the nation's capital, the Prosecutor based in the capital of the province and the State Prosecutor based in the capital of kabupaten/kota.
3. Corruption eradication Commission is a State Agency as stipulated in Act No. 30 of 2002 of the Commission for the eradication of criminal acts of corruption.
4. The Director-General is the Director General of the Ministry of finance in the environment has the authority, duties and functions in the field of the wealth of the country. 5. the regional office is the Regional Office of the Directorate General of State Wealth.

6. Service Office is the Office of the Ministry of State Wealth and auction at the Directorate General of State Wealth.
7. Goods belonging to the State are all goods bought or obtained over the STATE BUDGET burden or derived from other legitimate earnings.
8. Plunder State is State-owned Goods that originate from the specified evidence taken to countries based on a court decision has acquired legal force anyway.
9. Goods Gratuities are goods which have been assigned the status of gratifikasinya belong to the State by the leadership of the corruption eradication Commission.
10. Management of the Plunder of the country is a series of activities that includes security and maintenance, assessment, removal, Pemindahtanganan, administering, coaching, supervision and control over the plunder the country.
11. Utilization is the utilization of State-owned Goods that are not used in accordance with the duties and functions of the ministries/agencies/units of work in the area of device forms of rent, borrow, cooperation of utilization, and wake up the transfers to/get up to delivery with does not change the status of ownership.
12. Removal is the Act of removing Items from a list of State-owned goods by publishing a decree from the competent authority to free the User of goods and/or a power user of goods and/or provider of goods from the responsibility of the Administration and physical goods that are in control.
13. Pemindahtanganan is the transfer of ownership of the goods belonging to the Country as a follow-up of the deletion by the way sold, exchanged, donated or is included as a capital of the Government.
14. The administering is a series of activities which include bookkeeping, inventory, and reporting State-owned Goods in accordance with the applicable provisions.
15. The assessment is the process of activities performed by appraisers to give an opinion on the value of an object at a particular moment of assessment in the framework of the management of State-owned Goods.
16. The market value, the next appropriate accounting science known as reasonable, value is an estimate of the amount of money on the date of valuation, which can be obtained from the transaction of buying and selling, the Exchange, or a rental property, between buyers and sellers buy interested interested sell or between interested tenants rent and interested parties renting in a non transaction bonding, that its bid was done properly in sufficient time , in which the parties each know the usefulness of the property act prudently, and without compulsion. 17. The value of the Limit is the lowest value over the release of items in auction.

The second part of the goal and purpose of article 2 (1) of the regulation of the Minister of finance is intended as a guide in the implementation of the management of the Swag Country and gratuities.
(2) the regulation of the Minister of Finance aims to realize the optimization of the management of the Swag Country and Gratuities are orderly, focused, accountable, transparent and optimized to increase acceptance of State and/or most people's prosperity.
The third part of article 3 Scope the scope of the regulation of the Minister of Finance of include: a. the Swag country; and b. the goods gratuities.

CHAPTER II is considered part of the AUTHORITY the authority and responsibility of the Minister article 4 the Minister do the management of State and Booty Gratuity in accordance with the legislation.

Article 5 (1) in the management of State and Booty Gratuity referred to in article 4, the Minister has the authority and responsibility that includes: a. receive, menatausahakan and manage Items that have been submitted by Gratuities corruption eradication Commission to the Minister;
b. set the status of the use of the Swag Country and Gratuities;
c. give a decision on the proposed utilization of, Pemindahtanganan and removal of the Plunder of the country presented by the Prosecutor's Office in accordance with the limits of those powers; and d.  implement other authorities in accordance with the legislation.
(2) the authority and the responsibility referred to in subsection (1) is functionally carried out by the Director General.
Article 6 (1) the Director-General on behalf of the Minister bestows a portion of his authority to the head of regional office and head of Service Office to sign the letter or the decision of the Minister in order status assignment usage, Utilization or Pemindahtanganan, the destruction or removal of the Plunder of the country.
(2) Pelimpahan the authority referred to in subsection (1) is done with the following conditions: a. the Swag country with an indication of the value of Rp RP 500.000.000,-(five hundred million rupiah) to Rp RP 1,000,000,000 (one billion rupiah) delegated to the head of the Regional Office;
b. the Swag country with an indication of the value of up to Rp 500 million RP (five hundred million rupiah) delegated to the head of Service Office.
(3) an indication of the value referred to in subsection (2) is defined by the Attorney General based on: a. the calculations done by the Attorney General; or b.  If the Prosecutor's Office could not determine the value of the indication in question, the Attorney may request assistance to the institutions authorized with made Event News judgment.
Article 7 (1) the Director-General on behalf of the Minister do the storage, security and maintenance of the physical Goods over Gratuities that have been submitted by the corruption eradication Commission.
(2) the Director-General on behalf of the Minister can be appointed head of the regional office and Head Office of the Ministry to perform storage, security and maintenance of the physical Goods over Gratuities that are within the area of work.
(3) the Director-General on behalf of the Minister may order the head of the regional office and Head Office of the Ministry to conduct a physical examination and/or assessment of the Swag Country and Gratuities that are in the works.
The Second Part


The authority and responsibility of the Prosecutor's Office article 8 the Attorney General doing clearance over the Plunder of the country in accordance with the legislation.

Article 9 in the management of the Plunder of the country referred to in article 8, the Attorney General has the authority and responsibilities include: a. doing Administering;
b. empower to service Office to conduct the sale in an auction Swag Country within 3 (three) months and can be extended to the longest one (1) month, the results of which is deposited into the State Treasury as an acceptance of the State Tax form instead of General admission on Probation.
c. perform security administration, physical security and legal safeguards against the Plunder of the country who are in control;
d. asking the status designation suggested usage, Utilization, Pemindahtanganan, destruction and removal to the Minister or to the officials who accepted the authority of the Minister of pelimpahan in accordance with the limits of authority; and e.  implement other authorities in accordance with the legislation.

The third part the authority and responsibility of the corruption eradication Commission article 10 corruption eradication Commission Chairman do top management the country Stuff and Swag Gratuity in accordance with the legislation.

Article 11 in the management of the Plunder of the country referred to in article 10, the corruption eradication Commission has the authority and responsibilities include: a. doing Administering;
b. perform security administration, physical security and legal safeguards against the Plunder of the country who are in control;
c. submits a proposal status assignment usage, Utilization, Pemindahtanganan, destruction and removal to the Minister or to the officials who accepted the authority of the Minister of pelimpahan in accordance with the limits of authority; and d. carry out other authorities in accordance with the legislation.

Article 12 in the clearance of goods Gratuity referred to in article 10, the corruption eradication Commission has the authority and responsibilities include: a. doing Administering;
b. perform security administration, physical security and legal safeguards against Gratuities that are in control; c. submit Items to be managed to the Minister Gratuities; and d. carry out other authorities in accordance with the legislation.

Article 13 the corruption eradication Commission performs coordinating Minister in order delivery Gratuity.

Chapter 14 Delivery Gratuity referred to in article 12 letter d performed the longest 7 (seven) working days since the date set its status to become a State-owned by the corruption eradication Commission along with the completeness of the data and/or document include the following: a. the corruption eradication Commission Chairman's decision regarding the determination of the status of the goods into Possession of State Gratuities; b. legal ownership documents, if any; and c.  other supporting documents.

CHAPTER III MANAGEMENT of the SWAG COUNTRY Article 15 (1) sale of Swag country by Prosecutors or the corruption eradication Commission done by auction through the offices of the Ministry. (2) the sale referred to in subsection (1) does not require the approval of the Minister/President/REPRESENTATIVES.
(3) in case of Plunder State does not conduct the auction sale, the Attorney and/or corruption eradication Commission interprets the determination of the status of use, Utilization, Pemindahtanganan, and removal to the Minister for approval.
(4) excluded from the provisions referred to in subsection (1), against: a. the Swag country that are necessary for the interests of the State may be assigned the status of its use by the Minister upon the suggestion of the Attorney and/or corruption eradication Commission;
b. the Swag country that are necessary for conducting the tasks and functions of local Government can be granted to local governments by the Minister upon the suggestion of the Attorney and/or corruption eradication Commission; or c.  State the form of swag in addition to land and/or buildings: 1) can be harmful to the environment or commerce in accordance with the regulations;

2) economically has a lower value than the costs that must be incurred in the auction process is;

3) it is prohibited to circulate generally in accordance with the legislation; or 4) based on the consideration of Prosecution and/or corruption eradication Commission need not be sold in auction, the solution can be done with the destruction by the Attorney and/or corruption eradication Commission after obtaining the approval of the Minister.
d. State the form of Swag in addition to land and/or buildings: 1) is already in foul conditions or obsolescent; or 2) potentially fast stinking rotten or quickly, can be directly carried out the destruction by the Attorney and/or corruption eradication Commission which reported to the Minister no later than 1 (one) months counted from the date of implementation of the destruction.
(5) Settlement by means of destruction as referred to in paragraph (4) the letter d is fully the responsibility of the Prosecutor's Office and/or the corruption eradication Commission.
Article 16 (1) in the framework of the utilization and Pemindahtanganan Swag Country carried out the assessment.

(2) assessment of the Plunder of the country referred to in paragraph (1) was carried out to get a reasonable value.
(3) the determination of the value of the limit of the auction in order to Pemindahtanganan Swag auction sales in the form of Country based on reasonable value which has been considering the risk factors of sales through auctions.
(4) auction risk factors as mentioned in paragraph (3), set at most 30% (thirty percent) of the value of the reasonable, including: a. the Customs auction;

b. the cost of the rent storage space;

c. transport costs;

d. the cost of loading and unloading;

e. maintenance costs;

f. costs of securing goods;

g. purges building/land costs; and h.  other operating costs that directly relate to plunder the State object.
Article 17 the State Attorney and the corruption eradication Commission save document the legality of ownership and other supporting documents over Booty which was in control of the country.

Article 18 the Attorney and the corruption eradication Commission conduct an inventory of top of the Swag Country who are in control of at least one (1) times within 3 (three) years and submit a report to the Minister the results of the inventory of the longest 3 (three) months after completion of the inventory.

Article 19 (1) the State Prosecutor and the Prosecutor are tiered Swag report semiannual and annual to the State Attorney General's Office with a copy to the regional office and the Office of the Ministry.
(2) the Attorney General's Office compiled a report on Plunder the country in semiannual and annual to be delivered to the Minister.
Article 20 the corruption eradication Commission compiled a report on Plunder the country in semiannual and annual to be delivered to the Minister.

Article 21 (1) Ministers gather reports Swag Country in semiannual and annual received from the Attorney General's Office and the corruption eradication Commission.
(2) the Minister compiled a report based on the results of country Swag gathering together the reports referred to in paragraph (1).
(3) Country Swag Report referred to in subsection (2) is used as a basis for drawing up the balance sheets of the Central Government.
CHAPTER IV MANAGEMENT of GOODS GRATUITIES section 22 Directorate General Wealth the country authorized to perform management of Goods which have been delivered to the Gratification of the Minister in accordance with the limits of those powers in the form of the determination of the status of use, Utilization, Pemindahtanganan and removal.

Article 23 (1) in the framework of the utilization and Pemindahtanganan Goods Gratuities conducted assessments.

(2) Valuation of goods Gratuity referred to in subsection (1) is conducted to obtain reasonable values.
(3) the determination of the value of the limit of the auction in order to Pemindahtanganan Goods auction sales in the form of Gratuity based on reasonable value which has been considering the risk factors of sales through auctions.
(4) auction risk factors as mentioned in paragraph (3), set at most 30% (thirty percent) of the value of the reasonable, including: a. the Customs auction;

b. the cost of the rent storage space;

c. transport costs;

d. the cost of loading and unloading;

e. maintenance costs;

f. costs of securing goods;

g. purges building/land costs; and h.  other operating costs directly related to the object Item gratuities.
Article 24 (1) corruption eradication Commission registration and record-keeping of goods according to the categorization and Gratuity kodefikasi State-owned Goods.
(2) the surrender of the goods of Gratuity corruption eradication Commission News poured in to the Secretary of the handover Event, accompanied by the list of goods referred to in subsection (1).
Article 25 (1) Directorate General of State Wealth Save physical and legal possession of the documents as well as other supporting documents if a Gratuity of goods that have been handed over its management to the Minister.
(2) exempt from the provisions in paragraph (1), against Gratuities are submitted to the Minister in the form of land and/or buildings, the Directorate General of State Wealth do physical security storage and document the legality of ownership of the goods concerned Gratification.
(3) physical storage and document the legality of ownership as well as other supporting documents, if any, of goods which have not been handed over to the Gratification of the Minister, the responsibility is entirely the corruption eradication Commission.
Article 26

(1) the Director General of doing an inventory of goods a Gratuity has been handed over its management to the Minister at least 1 (one) time in 3 (three) years.
(2) the Director General delivered a report on the results of the inventory to the Minister the longest 3 (three) months after completion of the inventory.
Article 27 (1) the Director General of compiling reports on an annual basis for the Gratification of the goods delivered to the Minister.
(2) the report Item Gratuities as mentioned on paragraph (1) is used as a basis for drawing up the balance sheets of the Central Government.
Chapter V TRANSITIONAL PROVISIONS Article 28 implementation of the determination of the status of use, Utilization, Pemindahtanganan, and removal of the Swag Country and Gratuities which has been filed before the regulation of the Minister of finance is beginning to take effect and have not got the approval of the Minister, the settlement is done with based on the provisions set forth in the regulation of the Minister of finance.

CHAPTER VI CLOSING PROVISIONS Article 29 the provisions as set forth in the regulation of the Minister of Finance shall apply from the date of enactment, unless the provision in article 25 which began to apply effectively 6 (six) months since the promulgation of the regulation of the Minister of finance.

Article 30 of this regulation of the Finance Minister will take 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 January 5, 2011-MINISTRY of FINANCE of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO d. w. Enacted in Jakarta on January 5, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR