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Regulation Of The Minister Of Finance Number 193/fmd. 05/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 193/PMK.05/2011 Tahun 2011

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STATE NEWS
REPUBLIC OF INDONESIA

No. 765, 2011

REGULATIONS OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER
NUMBER 193 /PMK.05/ 2011
ABOUT
GOVERNMENT INVESTMENT CREDIT

WITH THE GRACE OF THE ALMIGHTY GOD

FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a. that to support the financing of the activities of increased production and/or pollution control carried out by micro businesses and small businesses, in the State Revenue and Shopping Budget has been allocated government investment credit;
B. That the government's investment credit fund may be implemented transparently and accountable in accordance with the provisions of the country's financial management, it is necessary to govern the terms of the provision, thawing, distribution, reporting, and the to be responsible for the government's investment credit fund;
c. that the Minister of Finance as the General Treasurer of the State in accordance with the provisions of Article 7 paragraph (2) of the letter Number 1 of the Year 2004 on the State Treasury, authorized to establish the policy and guidelines of the conduct of the state budget;
D. that based on consideration as referred to in the letter a, the letter b, and the letter c, need to establish the Finance Minister ' s Regulation on Government Investment Credit;

Remembering: 1. Act Number 17 Year 2003 of State Finance (State Sheet of Indonesia Year 2003 Number 47, Additional Gazette Republic of State Indonesia Number 4286);
2. Act Number 1 Of 2004 of State Treasury (Sheet Of The Republic Of Indonesia Of 2004 Number 5, Additional Sheet Of State Of The Republic Of Indonesia Indonesia Number 4355);
3. Act Number 15 Year 2004 of Examination of Management and Liability of State Finance (State Sheet of the Republic of Indonesia Year 2004 Number 66, Indonesia's Republic of Indonesia Number 4400);
4. Act Number 20 of 2008 on the Effort of Mikro, Small and Medium (State Sheet of the Republic of Indonesia 2008 No. 93, Additional Sheet of State of Indonesia No. 4866);
5. Presidential Decree No. 42 Year 2002 on the Implementation Guidelines of the Budget and Shopping of State (State of the Republic of Indonesia 2002 No. 73, Additional Gazette of the Republic of Indonesia Number 4212) as it has been several times Last modified with the Presidential Rule of 2010 No. 53;
6. Presidential Decree No. 56/P of 2010;
7. Financial Minister Regulation Number 91 /PMK.05/ 2007 about the Bagan Standard Account;
8. Financial Minister Regulation Number 171 /PMK.05/ 2007 about the Central Government Financial Accounting And Financial Reporting System;
9. Finance Minister Regulation Number 250 /PMK.05/ 2010 on the Tata Way of Revenue Budget and State Shopping on the Load of the Budget Section of the State General Treasurer at the State Treasury Service Office;

DECIDED:

Establish: FINANCIAL MINISTER REGULATION ON GOVERNMENT INVESTMENT CREDIT.

BAB I
UMUM PROVISIONS

Section 1
In Regulation of the Minister this is referred to:
1. Government Investment Credit, which is next abbreviated KIP, is the Government financing sourced from the State Budget and Shopping Budget used to finance the production activities of production and/or pollution control. It's done by micro-businesses and small businesses.
2. The Government Investment Credit Executing Government, which is next abbreviated LKP-KIP, is the financial institution that funneled the KIP funds.
3. The Government Investment Credit Agreement, hereafter called the KIP Agreement, is the agreement between the Government of c.q. Ministry of Finance with LKP-KIP to channel and account for the KIP funds.
4. The End User (End-Users) is a micro-venture or small business that uses KIP in accordance with a credit agreement with LKP-KIP.
5. The Government Investment Credit Request, which is subsequently called the KIP 's Rewatering Request, is the KIP' s refund request by LKP-KIP to the Budget User Power.
6. The State of the Union, which is further abbreviated as SP-RKA BUN, is a budget allocation document according to the organization's unit and program and is detailed in a working unit on the Treasurer's Budget Section. General of State.
7. The Mikro Business is a productive effort of individual persons and/or individual business entities that meet the criteria of microenterprises.
8. Small Business is a self-established, productive economic entity committed by a person or an entity that is not a subsidiary or not a branch of a company owned, controlled, or part of either directly or indirectly. not directly from a medium or large enterprise that meets the criteria of a small business.
9. The KIP funds watering is the KIP fund expenditure of the Budget User Power to LKP-KIP.
10. The KIP fund dealer is a KIP fund expenditure of LKP-KIP to the End User (End-Users).

BAB II
KIP PURPOSE

Section 2
(1) The KIP is provided with the aim of improving the access of Mikro's Effort and Small Effort against financing activities in order to increase production in continuous production and/or pollution control.
(2) The pollution control activities as referred to in paragraph (1) constitute activities performed by the Mikro Effort or Small Effort aimed at reducing pollution levels and improving production efficiency.
(3) The production upgrade activity as referred to in paragraph (1) is an activity in all sectors of the economy intended to be able to provide added value and increase the revenue of the Mikro Business or Small Business.

BAB III
KIP FUND TREASURY OFFICIAL


Section 3
(1) The Minister of Finance as the General Treasurer of State (BUN) is a Budget User of the KIP fund.
(2) In the course of implementation of the KIP fund budget, the Director General of the Treasury is the Budget User Power of the KIP fund.
(3) The Director General of the Treasury may appoint the Chairman of the Unit Eselon II in the Environment Directorate General of the Treasury which has the duty and function in the field of government investment to exercise the Power of the Budget User's authority as It is in verse (2).

Section 4
In order for the implementation of the KIP fund budget, the Budget User Power publishes a decision letter to establish:
a. Officials who are authorized to perform actions that result in KIP budgeting and publishing the Payment Request Letter, which is subsequently called the Committer of Commitment; and
B. The officer who is authorized to conduct the test against the payment request and sign the Payment Warrant (SPM).

BAB IV
THE PROVISION OF KIP FUNDS

Section 5
(1) The Director General of the Treasury addresses the proposed KIP fund proposal to the Director General of the Budget as the drafting material of the State Revenue and Shopping Budget.
(2) The proposed KIP fund proposal document as referred to in paragraph (1) is used by the Director General of the Budget as a basis in the allocation of KIP funds.

Section 6
The KIP funds are allocated in the State Revenue and Shopping Budget.

Section 7
(1) Based on the allocation in APBN and/or APBN-Changes as referred to in Article 6, the Budget User Power submitted a proposal to the Director General of the Budget to publish the SP-RKA BUN.
(2) SP-RKA BUN as referred to in paragraph (1) is delivered by the Director General of the Budget to the Director General of the Treasury as the basis of the publishing and attestation of the DIPA.
(3) The DIPA that has been published and passed as referred to in paragraph (2) is the basis of the KIP fund ensign.

BAB V
KIP MANAGING FINANCIAL INSTITUTION


The Kesatu section
LKP-KIP designation

Section 8
(1) The LKP-KIP is set forth by the Minister of Finance on the basis of the application of the financial institution concerned.
(2) To be designated as LKP-KIP, the financial institution must meet the least requirements as follows:
a. Financial institutions that have status as State-owned Enterprises (BUMN) or Regional-Owed Enterprises (BUMD);
B. Financial statements in the last 2 (two) years are declared reasonable without exception by independent auditors;
C. Performance evaluation reports in 2 (two) last year were declared healthy or healthy enough by an independent auditor;
D. Have no problem with loans provided by the Government;
e. Acquired profit in 2 (two) last year; and
f. The management of the financial institutions obtained consent to be able to act as LKP-KIP of the Board of Commissioners/Supervising Board.

The Second Part
LKP-KIP task

Section 9
LKP-KIP has the following task:
a. carry out the KIP fund dealer by bearing the full credit risk (executing);
B. perform the necessary measures to guarantee the transfer of the KIP funds in accordance with the requirements as specified in this Finance Minister's Regulation and the KIP Agreement, effectively and efficiently in accordance with the terms of the IBM International Agreement for the IBM International Agreement. The rules of the negotiations; and
c. Open a separate account used to accommodate the KIP funds, principal return, and receipt of interest and other acceptance of the End User (End-Users).

Section 10
(1) The financing of cooperation between the Government with LKP-KIP is poured in the KIP Agreement.
(2) The KIP Agreement as referred to in paragraph (1) at least contains:
a. parties;
B. destination;
c. amount of financing;
D. requirements;
e. rights and obligations; and
f. Sanctions.

Section 11
KIP requirements of the Government to LKP-KIP:
a. The length of the KIP financing term is at least 8 (eight) years;
B. KIP interest rate based on average BI rate 3 (three) last month;
C. KIP interest payments are calculated since the date of the thawing by LKP-KIP and is paid quarterly;
D. KIP financing principal return is performed semestically; and
e. LKP-KIP is not charged with administrative costs.

BAB VI
THE KIP FUND THAWING

Section 12
In the framework of the KIP funds, the Director/LKP-KIP Director delivered the KIP Subsystem Request to the Budget User Power of the CIP Agreement as referred to in Article 10 of the paragraph (2), by attaching the document as follows:
a. The Absolute Responsibility (SPTJM) letter, which is made in format as set forth in Appendix I which is an inseparable part of this Minister's Regulation; and
B. The Fund ' s Use Plan, which is made in format as set forth in Annex II which is an inseparable part of the Regulation of this Minister.

Section 13
(1) The KIP fund watering is implemented with the following provisions:
a. The first stage is thawed at the need or at once, by attaching the document as referred to in Article 12.
B. The next phase is thawed according to the plan needs, by attaching the document as referred to in Article 12 with the previous phase of the use of KIP funds.
(2) The report of the use of the KIP funds as referred to in paragraph (1) letter b is made according to the format as set forth in Annex III which is an inseparable part of this Minister's Regulation.

Section 14
(1) Based on the request of the KIP Waters as referred to in Section 12, the Budget User Power submitted the Direct Pay Order (SPM-LS) to the State Treasury Service Office (KPPN) with the following document lamppost:
a. The formatting of the SPTPP created in the format as set forth in Annex IVyang is an inseparable part of the Regulation of this Minister; and
B. The Funds Use Plan as referred to in Article 12.
(2) Based on the SPM-LS as referred to in paragraph (1), KPPN publishes the Fund (SP2D) Warrant Command for LKP-KIP account.

BAB VII
THE KIP FUNDING PRESENTATION

Section 15
(1) The KIP Fund is channeled to the Mikro Effort and Small Effort on all sectors of the economy, which are rated as eligible financed by LKP-KIP based on healthy crediting principles.
(2) The Mikro Business and Small Business Enterprises which may acquire the KIP fund PoP as referred to in the paragraph (1) must meet the following criteria:
a. Micro Efforces
1) Having the most net worth of Rp50,000.000.00 (fifty million rupiah) does not include land and building place of the venture; or
2) Have the most annual sales results of Rp300,000.000.00 (three hundred million rupiah).
B. Small business
1) Having a net worth of over Rp50,000.00 (fifty million rupiah) up to most Rp500,000.00 (five hundred million rupiah) does not include land and building place of the venture; or
2) Have annual sales yield of more than Rp300,000.000.00 (three hundred million rupiah) up to the most Rp2,500,000.00 (two billion five hundred million rupiah).

Section 16
(1) The term of the KIP as referred to in Article 15 of the paragraph (1) is as follows:
a. Credits for the longest 5 (five) years of investments including the middle period (grace period); and/or
B. Credit for the longest working capital 3 (three) years.
(2) The term of the KIP as referred to in paragraph (1) is provided with regard to a reasonable cycle of effort.

Section 17
The level of the KIP interest rate as referred to in Article 15 of the paragraph (1) is specified with the following provisions:
a. for the Mikro Business, the highest at 10% (ten percent) above the interest rate the Government imposed on LKP-KIP; and
B. for Small Effort, the highest of 7% (seven percent) above the interest rate the Government imposed on LKP-KIP.

Section 18
The amount of KIP funds that can be channeled to:
a. Micro effort, at most Rp50,000.000.00 (fifty million rupiah); and
B. Small Businesses, at most Rp500,000.00 (five hundred million rupiah).

BAB VIII
MONITORING AND EVALUATION

Section 19
In order to perform the KIP, the Director-General of the Treasury as the Budget User can form a team for monitoring and evaluation of the KIP funding.

BAB IX
REPORTING AND ACCOUNTABILITY

Section 20
(1) The LKP-KIP is compiling a KIP fund-raising report.
(2) The LKP-KIP addresses the KIP fund transfer report to the Budget User Power each month, at the latest of the next 25 months.
(3) The KIP funds transfer report by LKP-KIP is audited by an independent auditor pursuant to the laws.

Section 21
(1) The Budgeting Authority of the Cloud Service is a combination of the following:
(2) The implementation report of the KIP fund and recapitulation of the KIP fund-raising report as referred to in paragraph (1) is delivered by the Budget User Power to the Minister of Finance every 6 (six) months.
(3) The drafting of the report as referred to in paragraph (1) is exercised under the provisions of the laws regarding the accounting system and financial reporting of the central government.

Section 22
(1) The Budget User power is responsible for the thawing of funds from RKUN to an LKP-KIP account.
(2) The LKP-KIP is solely responsible for the distribution to the Mikro Enterprises and Small Enterprises and the return of KIP funds to the government.

BAB X
CLOSING PROVISIONS

Section 23
The Minister ' s rules are beginning to apply to the date of the undrased.

In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on December 1, 2011
FINANCE MINISTER
REPUBLIC OF INDONESIA,

AGUS D.W. MARTOWARDOJO
Promulgated in Jakarta
on December 1, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDDIN



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