STATE NEWS
REPUBLIC OF INDONESIA
REGULATIONS OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER
NUMBER 211 /PMK.08/ 2011
ABOUT
ORDER THE SELECTION OF THE COUNTRY ' S DOMESTIC LENDER SELECTION
WITH THE GRACE OF THE ALMIGHTY GOD
FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,
Weigh: a. that in order to increase effectiveness and provide legal certainty in the implementation of the selection of prospective lenders within the country, it is necessary to re-organize the selection of the selection of prospective lenders within the country;
B. that to carry out the provisions of Article 14 paragraph (1) of the Government Regulation No. 54 of 2008 on the Order of the Procurement and the Application of Internal Loans by the Government, it has been established Regulation of Finance Minister Number 90 /PMK.08/ 2010 on Tata How to vote for the domestic loan-granting candidate;
c. that by considering the development as well as in the framework of improving the selection of the candidate selection for the Home Loan, it is viewed as necessary to replace the Regulation of Finance Minister Number 90 /PMK.08/2010 on the Tata Election Way Domestic Loan Candidate;
D. that under consideration as intended in the letter a and to carry out the provisions of Article 14 of the paragraph (1) of the Government Regulation No. 54 of 2008 on the Order of the Procurement and the Application of Internal Loans by the Government and the letter b, need to establish the Finance Minister ' s Regulation on the Tata Way Selection Of Prospective Lenders In The Country;
Remembering: 1. Act No. 17 of 2003 on State Finance (State Sheet of Indonesia Year 2003 Number 47, Additional Gazette Republic of Indonesia Number 4286);
2. Act No. 19 of 2003 on the State Governing Body (Indonesian Republic of Indonesia Year 2003 Number 70, Additional Gazette of the Republic of Indonesia Number 4297);
3. Act Number 1 of 2004 on the State Treasury (State Sheet of the Republic of Indonesia Year 2004 Number 5, and Additional Sheet State of the Republic of Indonesia Number 4355);
4. Law No. 32 Year 2004 on Regional Governing Law (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended by the Act of 2005 Number 8 (Sheet) Republic of Indonesia Year 2005 Number 108, Additional Gazette Republic of Indonesia Number 4548);
5. Government Regulation No. 54 Year 2008 on the Tata Way of Procurement And Release Of Domestic Loans By Government (sheet State Of The Republic Of Indonesia 2008 2008 Number 115, Additional Sheet Of State Republic Indonesia Number 4885);
6. Government Regulation No. 54 of 2008 on the Tata Way of Procurement And Release Of Domestic Loans By The Government (sheet Of State Of The Republic Of Indonesia 2008 2008 Number 115, Additional Gazette Republic Of Indonesia Number 4885);
DECIDED:
Establish: REGULATION OF THE MINISTER OF FINANCE ABOUT THE GRAMMAR OF THE SELECTION OF PROSPECTIVE LENDERS IN THE COUNTRY.
BAB I
UMUM PROVISIONS
Section 1
In Regulation of the Minister of Finance this is referred to by:
1. Internal Loans (PDN), which is subsequently abbreviated to PDN, is any loan by the Government obtained from the PDN Home lender that must be repaid by certain requirements, in accordance with the expiring term.
2. The Procurement of Internal Loans, which is next called the Procurement of PDN, is the procurement of loans in the rupiah currency conducted by the Government, which is sourced from the State-owned Enterprises, Local Government, and Regional Companies, which used to finance certain activities.
3. The Home Loan Repayment, which is subsequently shortened to the so-called PDN, is the State-owned Enterprises, Local Government, or the Regional Company that loans the Government.
4. The Covenant of the Home Loan Agreement, which is subsequently referred to as the PDN Agreement, is the manuscript of another agreement or another manuscript that contains a deal on domestic loans between the Government and the PDN.
5. The State-owned Enterprises, which is either abbreviated as BUMN, is the entire business entity or most of its capital is owned by the state through its direct inclusion of the wealth of the segregated state.
6. Local Government, is the Governor, Regent, or Mayor, and the area device as an element of the organizer of the local government.
7. The Regional Company is the company whose capital is for the whole or for part is a wealth of the segregated area, unless otherwise specified by law.
8. Selection documents, are documents established by the Director General of the Debt Management which contains information and conditions that the parties must be obeyed in the selection process of the Lender candidate in the negeriPDN.
9. Limited Selection is the selection method for prospective PDN candidates with the number of candidates capable of carrying out and qualifying is believed to be limited to the number of candidates believed to be limited.
10. Direct designation, is the candidate selection method for the LDP in a PDN state by designating a direct 1 (one) of PDN candidates.
BAB II
Authorization
Section 2
The Director General of Debt Management is authorized to conduct a PDN-giving candidate selection.
BAB III
THE FORMATION OF THE SELECTION COMMITTEE
Section 3
In order to perform a selection of PDN candidates as referred to in Article 2, the Director General of the Debt Management forms the Selection Committee.
Section 4
The Selection Committee is selected from the Civil Servlet element which meets the requirements as follows:
a. have integrity, discipline, and responsibility in carrying out tasks;
B. understand the work to be implemented;
c. understand the contents of the selection requirements document;
D. not having conflicts of interest (
conflict of interest); and
e. sign the Integrity Pact that lists statements not to conduct collusion, corruption, and nepotism, and or statements necessary in the selection process.
Section 5
The Selection Committee is a gasal selection and contains at least 3 (three) people.
Section 6
The Selection Committee ' s tenure is set by the Director General of the Debt Management.
Section 7
If required, the Selection Committee can request the source assistance.
BAB IV
ASAS UMUM
The Kesatu section
The Selection Method
Section 8
(1) The selection is done through the Limited Selection.
(2) The Limited Selection Offering as referred to in paragraph (1) is delivered to the BUMN, the Local Government, and the Regional Enterprise assessed to meet the requirements.
(3) If there is only 1 (one) eligible PDN candidates, then the selection can be performed through the Direct Designation.
The Second Part
The PDN Candidate Requirement
Section 9
(1) A PDN candidate from BUMN or/Region Company must meet the least qualified qualification as follows:
a. have a net profit for 3 (three) last year in a row;
B. received approval from the authorities in accordance with the BUMN/Corporate Household Budget and the Regional Household Budget/Company concerned; and
c. have a Placed Capital and Full-Paid Rp1,000.000.000.00 (one trillion rupiah).
(2) A PDN Candidate from the Local Government must meet the least qualified qualifications as follows:
a. have committed the fulfillment of mandatory business in accordance with the provisions of the laws of the laws;
B. not have interest payments, principal installments, and other liabilities associated with the loan to the other;
c. gets approval from the Regional People ' s Representative Council; and
D. Got the Secretary of the Interior consideration.
BAB V
THE PREPARATION PREPARATION SELECTION OF THE PDN CANDIDATE
Section 10
(1) The Selection Committee is implementing a selection preparation that includes the following activities:
a. PDN candidate selection planning;
B. the drafting of the PDN ' s prospective selection schedule; and
c. Selection of Selection Documents.
(2) The Selection Document as referred to in paragraph (1) of the letter c, is specified by the Director General of the Debt Management.
BAB VI
THE SELECTION PROCESS FOR THE DDP CANDIDATE
Section 11
Selection Committee performs the selection with the following stages:
a. the delivery of the invitation to a PDN-given candidate;
B. explanation (
aanwijzing);
c. acceptance of the quotation document from the PDN candidate;
D. the evaluation of the bid document for the PDN candidate;
e. setting up the ranking (
shortlisted candidates) of the PDN-giving candidate;
f.
beauty contest against PDN-giving candidate; and
G. The PDN-giving candidate designation is setting up.
Section 12
The Sselection committee invites the BUMN, the Local Government, and/or the Regional Company that meets the requirements as referred to in Article 9, to deliver the PDN offer document (
Request for Proposal/RFP).
Section 13
(1) The SSelection Panitia provides an explanation (aanwijzing) to the BUMN, the Local Government, and the Regional Corporation filing the PDN bidding document.
(2) The explanation as referred to in paragraph (1) includes among other ways:
a. way of delivering an offer;
B. documents must be attached in the offering;
c. Evaluation method; and/or
D. Things that can abort the bidding.
Section 14
(1) The candidate of the PDN delivers the bidding document to the Selection Committee.
(2) The PDN offer documents received by the Selection Committee must be eligible as follows:
a. signed by the Directors or authorized officials on the BUMN/Local Government/Local Companies concerned;
B. dated clearly and bermeterai enough; and
c. The term of the offering is not less than the time specified in the Selection Document.
Section 15
(1) The Selection Committee conducts an administrative evaluation and funding evaluation of the PDN bidding document.
(2) The administrative evaluation includes the evaluation of the completeness and the validity of the PDN offer document.
(3) The funding evaluation includes evaluation of the terms and conditions requirements (terms and conditions) of the PDN offer document.
Section 16
(1) The offering winners are determined based on the results of the administration evaluation and funding evaluation.
(2) The Selection Committee compiled the ranking (shortlisted candidates) the results of the administration evaluation and funding evaluation.
(3) The Selection Committee reports the results of the evaluation of administration and funding as referred to in paragraph (2) to the Director General of the Debt Management.
Section 17
(1) Selection Committee performs beauty contest against qualified PDN candidates.
(2) Beauty contestas referred to in paragraph (1) is done by confirming the terms and conditions requirements (terms and conditions) and the operational readiness of the PDN candidates, or with other provisions that specified in the Selection Document.
(3) In that case there is only 1 (one) eligible PDN candidate qualified, then beauty contestremains in place.
BAB VII
WINNER 'S ASSIGNMENT, WINNER' S ANNOUNCEMENT, AND THE SANGGAH SELECTION FOR THE DDP CANDIDATE
Section 18
On the proposal of the Selection Committee, the Director-General of the Debt Management set out the winner of the selection of PDN candidates, for the proposal of the Selection Committee.
Section 19
The Selection Committee delivers a winning letter to the participants of the slowest 2 (two) working days after receiving a PDN candidate selection selection letter designation.
Section 20
(1) The disadvantaged candidate may submit a letter to the Director General of the Outstanding Debt Management 5 (five) of the working day after the winner's announcement.
(2) The director general of the Debt Management General is required to provide the slowest answer 5 (five) of the working day since the disclaimer of letter as referred to in paragraph (1) is accepted, upon receiving input from the Selection Committee.
(3) If there is a dissatisfaction with the answer to the Director General of the Debt Management as referred to in paragraph (2), the PDN candidate may submit an appeal letter to the Finance Minister at least 5 (five) business days Since the answer to the disclaimer.
(4) The Finance Minister gives the slowest answer 15 (fifteen) business days since the letter of the appeal as referred to in paragraph (3) is accepted.
(5) If the appeal or disclaimer of appeal is properly assessed, then the PDN's candidate selection process is re-evaluated or re-selection process.
(6) Any complaint must be actionable by an agency/official who accepts the complaint in accordance with the provisions of the laws.
Section 21
(1) In the case of the winning selection of the PDN candidates to resign, then the second-place selection of the PDN candidates is set to be the winner of the selection.
(2) The resigning of a PDN candidate as referred to in paragraph (1) may not follow 1 (one) time the next PDN candidate selection activity.
BAB VIII
DP CONTRACT
Section 22
The PDN procurement contract is signed by the Minister of Finance and the Principal Director of the BUMN//Regional Corporation or Regional Head of the candidate selection of PDN candidates.
BAB IX
THE SELECTION FEE
Section 23
Any expenses incurred in order as a result of implementation of the PDN candidate selection are charged in the State Revenue and Shopping Budget.
BAB X
CLOSING PROVISIONS
Section 24
At the time of this Financial Minister's Ordinance, the Regulation of the Minister of Finance Number
90 /PMK.08/ 2010of the Tata Way Home, the Home Loan Proposition of Loan is revoked and declared untreated does not apply.
Section 25
This Finance Minister ' s regulation starts to apply at an promulgated date.
In order for everyone to know it, order the authoring of this Finance Minister Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on December 12, 2011
FINANCE MINISTER
REPUBLIC OF INDONESIA,
AGUS D. W. MARTOWARDOJO
Promulgated in Jakarta
on December 12, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
