Advanced Search

Regulation Of The Minister Of Finance Number 224/fmd. 08/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 224/PMK.08/2011 Tahun 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

REPUBLIC OF INDONESIA STATE NEWS

No. 853, 2011 MINISTRY OF FINANCE. A loan. Grant.

Government. Monitoring.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 224 /PMK.08/ 2011

ABOUT

LAYOUT OF MONITORING AND EVALUATION

ON LOAN AND GRANT TO THE GOVERNMENT

WITH THE GRACE OF THE ALMIGHTY GOD

FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

DRAW: that to carry out the provisions of Article 77 of the paragraph (1) of the Government Regulation No. 10 Year 2011 on the Governance of Foreign Loans and the Accepting of Grants and Article 26 of the Government Regulation No. 54 of 2008 on the Order of the Procurement and The Repayment of Internal Loans by the Government, needs to establish the Finance Minister ' s Regulation on the Tata Monitoring And Evaluation Of Loans And Grants To The Government;

Given: 1. Law No. 1 of 2004 on the State Treasury (State Gazette Indonesia Year 2004 No. 5, Additional Gazette of the Republic of Indonesia Number 4355);

2. Law No. 15 Year 2004 on Governing Examination And Financial Responsibility Of The State (sheet Of State Of The Republic Of Indonesia In 2004 Number 66, Additional Gazette Of The Republic Of Indonesia Number 4400);

www.djpp.kemenkumham.go.id

2011, No. 853 2

3. Government Regulation No. 54 of 2008 on the Way of Procurement And The Release Of Domestic Loans By The Government (sheet Of State Of The Republic Of Indonesia In 2008 Number 115, Additional Gazette Of The Republic Of Indonesia Number 4885);

4. Government Regulation No. 10 Year 2011 on Tata cara procurement of overseas loans and Receiving Grants (sheet Of State Of The Republic Of Indonesia 2011 Number 23, Additional Gazette Of The Republic Of Indonesia Number 5202);

DECIDED:

Set: A FINANCIAL MINISTER ' S REGULATION ON MONITORING AND EVALUATION OF LOANS AND GRANTS TO THE GOVERNMENT.

BAB I

provisions of UMUM

Article 1

In this Minister of Finance Regulation referred to:

1. The Ministry/Institute is the state ministry/non-ministerial government agency/state institution responsible for the implementation of activities.

2. A loan is any financing through the debt that the Government gains from both domestic lenders and overseas lenders bound by a loan agreement and not in the form of a valuable letter, which must be paid. back to certain requirements.

3. The grant is any state receipt in the form of a devisa, a revamped devisa, a rupiah, a rupiah, goods, services and/or a valuable letter obtained from the grants of both domestic and foreign grants that do not need to be repaid.

4. Executing Agency, further abbreviated to EA, is the Ministry/Institute, Local Government, and the State-Owed Business Agency which is the overall responsibility for the implementation of activities financed from the Loan and/or Hibah.

5. A Pay Warrant, further abbreviated as SPM, is a document published by a Budget User/User Power User or other authorized officer appointed to cash the funds sourced from the budget or document implementation of the document. Otherwise, you will be able to access the Cloud Service on the same page.

www.djpp.kemenkumham.go.id

2011, No. 8533

6. Dana Waters warrant, further abbreviated as SP2D, is a warrant issued by the State Treasury Office as the Power of the General Treasurer of State for the implementation of the expenditure on the Revenue Budget and Shopping State based on SPM.

7. The User of the Budget, subsequently abbreviated PA, is an official and is responsible for the use of the budget on the Ministry/Institution in question.

8. The power of the Budget User, later abbreviated as KPA, is an official who has obtained the authority and responsibility of the PA to use the budget to him.

9. The budget execution list, next abbreviated DIPA, is a budget execution document compiled by PA/KPA and authorized by the Minister of Finance as the State General Treasurer who serves as a document and document execution document Government accounting advocate.

10. The Withdrawal Application (Withdrawal Application), further abbreviated as WA, is a withdrawal initial deposit fund and/or a recharging special account (replenishment), recharging the talangan fund account (reimbursement), withdrawal of funds for reimbursement of expenses paid in advance by the Government, pay directly to the accused or the intended party, and withdrawal of funds in order to transfer directly to the The State Public Cash Account (R-KUN).

11. Notice of Disbursement or an equated document, next abbreviated NOD, is a document indicating that the lenders and/or Hibah have performed the lending fluid and/or Hibah that among others contains information Loan and/or Hibah, project name, amount of money that has been withdrawn (disbursed), the way of withdrawal, and the recall transaction date used as a document source document receipt of financing and/or revenue of Hibah.

12. Bookkeeping/Reenactment, further abbreviated to SP3, is a warrant issued by Special KPPN as the General Treasurer of the State, whose function is used as a SPM/SP2D, to the Bank of Indonesia and the Working Unit (Satker) for the purpose of the SPM/SP2D. indent/passed as receipts and expenses in APBN on the realization of the withdrawal of Loan and/or Hibah through direct payment mechanism and/or letter of credit (L/C).

www.djpp.kemenkumham.go.id

2011, No. 853 4

13. Disbursement Plan is a Loan and/or Hibah withdrawal plan document compiled based on the activities work plan.

14. Disbursement Ratio, further abbreviated as DR, is a comparison between the realization of a loan withdrawal and/or Hibah with a net worth commitment.

15. Availability Period is the period available for the withdrawal of Loan and/or Hibah, i.e. the period between the effective date of Loan and/or Hibah (effective date) up to the closing date of the Loan and/or Hibah (closing date).

16. Elapse Time Ratio, further abbreviated to ETR, is a comparison between the period that has been exceeded starting effective date with the loan withdrawal period and/or Hibah (availability period).

17. Progress Variant, next abbreviated PV, is a comparison between DR with ETR.

18. Condition Precedent of Effectiveness is the requirements agreed upon by the lender and/or Hibah with the recipient of a Loan and/or Hibah to determine the effectiveness of a Loan and/or Hibah.

19. The Disposition Note, subsequently called Nodis, is a letter containing information among other the realization of the L/C and serves as the introduction of the document to the importer.

20. Loan Restructuring is a loan reorganization involving the lender and recipient of a loan to change the agreed terms in order to pay back a loan that can include schemes such as re-scheduling. (rescheduling), refinancing (refinancing), removal (debt forgiveness), loan conversion (debt conversion) and loan payment acceleration prior to due (prepayment).

21. The Ministry of Work Plan and the Ministry/Institute Budget, further abbreviated to SP-RKAKL, is the budgeting allocation specified by the organizational unit and the Program and is detailed in the working units under the RKA-KL suppressor

Article 2

The Regulation of the Minister of Finance aims to provide guidelines in carrying out monitoring, evaluation, reporting and publication of activities financed from the Loan and/or Hibah.

www.djpp.kemenkumham.go.id

2011, No. 8535

BAB II

MONITORING, EVALUATION, AND REPORTING

ON LOAN AND GRANT

Section Parts

Ministry/Institute, Local Government,

and State Owned Entity

Paragraph 1

Monitoring and Evaluation

Section 3

(1) The Ministry of the Ministry/Institution (K/L), Governor, Regent/Mayor or Principal Director of State-Owed Enterprises (BUMN) as the EA leadership conduct the monitoring and evaluation of the performance of activities that financed from lending and/or Hibah.

(2) Monitoring and evaluation as Referred to in paragraph (1) includes stages:

a. execution, which includes monitoring and evaluation of the development of the goods and/or services procurement process, performance of physical execution of activities, development of the absorption realization of funds, the development of the achievement of input indicators (inputs) and output (output), the problems encountered, and the necessary follow-up; and

b. Post activities, including evaluation of output, impact, continuity, and other success indicators.

Paragraph 2

Reporting

Section 4

(1) The EA leadership compiled a report of monitoring and evaluation results as referred to in Section 3, which consists of:

a. a quarterly report on the execution of activities; and

b. post-activity report.

(2) The quarterly report of the implementation of activities as referred to paragraph (1) letter a delivered to the Minister of Finance u.p. Director General of Debt Management of the slowest 15 (fifteen) business days after the end of the relevant quarterly term.

(3) The end of the respective quarterly terms as referred to in paragraph (2) is as follows:

www.djpp.kemenkumham.go.id

2011, No. 853 6

a. The first quarter is every March 31;

b. The second quarter every June 30;

c. The third quarter is every 30 September; and

d. The fourth quarter of each day of December 31.

(4) The form of the quarterly report form as referred to in paragraph (3) refers to the format of the report as set forth in an Attachment that is an inseparable part of the Ministerial Regulation. This finance.

(5) Post-activities as referred to in paragraph (1) letter b in the case of an Activity End Report (Project Completion Report) or other similar documents.

(6) Post-activity reports as referred to in the case of the event. verse (5) delivered to the Finance Minister u.p. Director General of the Debt Management the slowest 6 (six) months after the activities are declared complete.

(7) The report as referred to in paragraph (1) is addressed to:

The Directorate General of Debt Management

u.p. Directorate of Evaluation, Accounting and Setelmen

Jl. East Bull Field No. 2-4

Jakarta 10710

Email: monev@dmo.or.id

Faksimile: (021) 3843712

Second section

finance ministry

paragraph 1

Monitoring

section 5

(1) The Director General of Debt Management conducted monitoring of the realization of absorption and financial aspects of the Loans and/or Hibah.

(2) Monitoring as referred to in paragraph (1) may involve related units in the Finance Ministry environment

Article 6

(1) Monitoring as referred to in Section 5 is done against data and information that includes:

www.djpp.kemenkumham.go.id

2011, No. 8537

a. Disbursement plan on loan agreements and/or Hibah that are still active status and the new Loan and/or Hibah agreements in order to meet the needs of the State Revenue and Shopping Budget (APBN) running;

b.fulfillment Conditions precedents of the event Loan and/or Hibah include the cost requirements of the Loan and the realization of the payment;

c. the amendment of the Loan and/or Hibah agreement;

d. Loan restructuring including rescheduling, prepayment, debt swap and other restructuring schemes;

e. loan withdrawal plan and/or Hibah allocated in the DIPA of the year running;

f. The realization of the lending funds and/or Hibah are shown in the SP2D, WA, SP3, Nodis and other types of documents; and

g. The realization of a refund from the lender and/or the Hibah is reflected in the NOD or other kind of document.

(2) The data and information as referred to in paragraph (1) are sourced from:

a. database Debt Management and Financial Analysis System (DMFAS);

b. Quarterly reports received from K/L, Local Government (Pemda), and BUMN, as EA;

c. results of periodic meetings and ad hoc with K/L, Pemda, and BUMN as EA; and

d.document or any other relevant sources.

Section 7

Monitoring as referred to in Section 5 may be supported with:

a. data and information obtained from a visit to the activity location (on-site visit);

b. results of observations on the preparation of activities, processes of procurement/services, execution of physical activities, administrative processes, and activities management;

c. information done through primary and results data collection and results comparison between activities objectives, success indicators and progress that have been achieved in the execution of activities;

www.djpp.kemenkumham.go.id

2011, No. 853 8

d. coordination and reconciliation of data with K/L, Pemda, and BUMN as EA or the recipient of both periodic and/or ad hoc (ad hoc) and Loan Applicability;

e. Loan and/or Hibah data exchange conducted by the Directorate General of Debt Management with:

1) The General Directorate of the Budget, related to SP-RKAKL data and the withdrawal plan and/or Hibah; and/or

2) The Directorate General of the Treasury, related to DIPA data, the realization data of the withdrawal of Loan and/or Hibah through SP2D, WA, Nodis, and SP3.

Section 8

Monitoring as referred to in Section 5 may be the preparation of an early warning mechanism (early warning mechanism) against:

a. Loans and/or Hibah that will experience the closing of my days at 2 (two) quarterly forward of the running quarter;

b. The loan and/or the Hibah whose term is expired but there are still remains of unwithdrawn funds;

c. Loans and/or Hibah that have not been effective and/or the first unmet withdrawal requirement; and

d. The loans and/or Hibah that have been declared effective but have no withdrawates yet.

Paragraph 2

Studies, Identification, and Measures

Section 9

Based on the data and information as referred to in Section 6, The Director-General of the Debt Management did things as follows:

a. Review the suitability of activities with the plan, which is related to:

1) fulfilment of condition precedents for the effectiveness of the loan agreement and/or Hibah;

2) disbursement plan;

3) Loan and/or Hibah funds to the DIPA;

4) the submission of loan withdrawations and/or Hibah;

5) the realization of the withdrawal of Loan and/or Hibah; and

6) the issuer of SP3.

www.djpp.kemenkumham.go.id

2011, No. 8539

b. Identify issues that arise in the execution of activities that can inhibit the absorption of the Loan and/or the Hibah as well as its completion measures.

c. Measure the link between the progress of the activity and the performance indicator.

Paragraph 3

Evaluation

Section 10

(1) The Directorate General of Debt Management conducted the consistency testing of the budget planning data The loan and/or the Hybah and its realisation.

(2) Testing as referred to in paragraph (1) is done through the following means:

a. compare between the fund ' s withdrawal plan with the allocation of funds in DIPA;

b. compare between the loan allocation and/or the Hibah in the DIPA with the realization of the lending of the Loan and/or Hibah of SP2D, WA, Nodis, and SP3;

c. comparing between WA and SP3 of the Special KPPN with the realization of NOD or other documents which are welcome from the lender and/or the Hibah; and

d. measure or compare between the execution of an activity that is running by using the PV calculation technique.

(3) Based on the results of the PV calculation as referred to in paragraph (2) the letter d, the General Directorate of Debt Management categorizes the implementation of the activities financed by the Loan and/or Hibah as follows:

a. "on and above schedule" for activities with the value of PV ≥ 1 which means the realization of the withdrawal of the Loan and/or the Hibah in question has been appropriate or faster than the planned schedule;

b. "behind schedule" for activities with the value of PV = 1 > x > 0.30 which means the realization of the withdrawal of the Loan and/or the relevant Hibah is slower than the planned schedule;

c. "at risk" for the activity with the value of PV ≤ 0.30 which means the realization of the withdrawal of the Loan and/or Hibah experienced an acute delay resulting in high risk of bringing up additional costs that the APBN should bear.

www.djpp.kemenkumham.go.id

2011, No. 853 10

(4) Special to Loan and/or Hibah in status there is no withdrawal at all (zero disbursement), the results of the PV calculation are grouped into 2 (two) categories:

a. "behind schedule" when ETR has exceeded 1% (one percent) up to 70% (seventy percent) of Availability Period;

b. "at risk" when ETR has exceeded 71% (seventy-one percent) of the planned Loan and/or Hibah withdrawal period;

Article 11

(1) the Finance Minister can coordinate with the Minister of Development Planning National/Head of the National Development Planning Agency to conduct joint evaluations of the implementation of the activities financed from the Loan and/or Hibah.

(2) The joint evaluation as referred to in paragraph (1) is conducted in an attempt to:

a. accelerate the absorption of Loan and/or Hibah executed by K/L;

b. Decide on the problem resolution steps against the execution of a very slow activity and/or risk weighing the country's finances, including for the cancellation of the Loan and/or Hibah; and

c. (outcome) and the impact (impact) of the activities financed from the Loan and/or the Hibah that have expired its implementation.

Paragraph 4

Further Tindak steps

Section 12

Based on the study, identification, measurement, and evaluation as referred to in Article 9 and Article 10, Director General Debt management provides recommendations on the steps of the settlement issue and/or Hibah in the category "behind schedule" and "at risk" among others:

a. push K/L to take on loan absorption acceleration steps and/or Hibah;

b. propose changes to the allocation of the loan funds and/or Hibah of the allocation listed in the Loan and/or Hibah agreements;

www.djpp.kemenkumham.go.id

2011, No. 85311

c. Facilitates K/L, Pemda, and BUMN in resolving the Loan and/or Hibah absorption problem with the related parties; or

d. propose a partial cancellation or all of the loan funds listed in the loan agreement.

Article 13

The proposed cancellation of the Loan as referred to in Article 12 of the letter d is done at least meet the requirements as follows:

a. based on coordination results with the National Development Planning Ministry and K/L as EA;

b. Consider the benefits and cost of cancellation;

c. The loan is in "at risk" status at least 90% (ninety percent) of the total time of its withdrawal;

d. The loan potentially raises the risk of additional costs that could overburden the country ' s finances;

e. Regard to the legal aspect including the default pay clause (default) or "cross default" in the Loan agreement; and

f. consider the Government's risk of reputation.

BAB III

PUBLICATION

Article 14

(1) Based on the results of monitoring and evaluation as referred to in Chapter II, Director General of the Debt Management compiled a development report Loans and/or Hibah quarterly.

(2) The progress of the Loan and/or Hibah development as referred to in paragraph (1) the least includes among others:

a. Loan and/or Hibah development in aggregate;

b. Loan and/or Hibah performance;

c. Analysis of plans and realization of the absorption of Loan and/or Hibah;

d. report and analysis of on-site visit of activities that are in delay of withdrawal;

www.djpp.kemenkumham.go.id

2011, No. 853 12

e. calculation of PV over loan and/or Hibah absorption performance; or

f. The conclusion and recommendations of the resolution of the problem or the acceleration measures in the absorption of the Loan and/or the Hibah.

(3) The development of the loan and/or Hibah as referred to in verse (2) is delivered to K/L, Pemda, BUMN as EA and to other related agencies.

(4) The development report on Loan and/or Hibah as referred to in paragraph (2) is contained on the official site (website) Directorate General of the Debt Management in order to perform the principles of transparency and public accountability.

BAB IV

provisions TRANSITION

Article 15

At the time the Financial Minister Regulation is in effect, monitoring, evaluation, and reporting on Loan and/or Grant to the Government whose process begins before this Regulation of the Minister of Finance is specified, Keep guidelines on the Finance Minister's Regulation Number 33 /PKM.08/2010 on Monitoring, Evaluation, Reporting, Publication and Loan Documentation And/or Government Grants up to the expiration of the Loan and/or Hibah Agreement.

BAB V

provisions CLOSING

Article 16

At the time of Regulation This Finance Minister came into effect, the Finance Minister's Regulation Number 33 /PKM.08/2010 on Monitoring, Evaluation, Reporting, Publication and Loan Documentation and/or Government Hibah, revoked and declared not in effect.

Article 17

This Finance Minister ' s Regulation is beginning to apply to the date of the undrased.

www.djpp.kemenkumham.go.id

2011, No. 85313

In order for everyone to know, ordered the Minister of Finance's Ordinance with its placement in the News of the Republic of Indonesia.

Specified in Jakarta On 19 December 2011

FINANCE MINISTER

REPUBLIC OF INDONESIA,

AGUS D.W. MARTOWARDOJO

UNDRASED in Jakarta On 19 December 2011

MINISTER FOR LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

www.djpp.kemenkumham.go.id

2011, No. 853 14

L A

M P IR

A N

I P E

R A

T U

R A

N M

E N

T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

www.djpp.kemenkumham.go.id

2011, No. 85315

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id

2011, No. 853 16

L A

M P IR

A N

II P E

R A

T U

R A

N M

E N

T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id

2011, No. 85317

L A

M P IR

A N

II I

P E

R A

T U

R A

N M

E N

T E

R I

K E

U G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id

2011, No. 853 18

L A

M P IR

A N

IV P E

R A

T U

R A

N M

E N

T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id

2011, No. 85319

L A

M P IR

A N

V P E

R A

T U

R A

N M

E N

T E

R I

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id

2011, No. 853 20

L A

M P IR

A N

V I

P E

R A

T U

R A

N M

E N

T E

R I

K E

U G

A N

R E

P U

B L IK

IN D

O N

E S

IA N

O M

O R

O R

2 2 4/P M

K .0

8/2 0 1 1

T E

N T A

N G

T A

T A

C A

R A

P E

M A

N T A

U A

N,

E V

A L U

A S

I D

I D

A N

P E

L A

P O

R A

N A

T A

S P IN

J A

M A

N D

A N

H IB

A H

K E

P A

D A

P E

M E

R IN

T A

H

M E

N T E

R I

K E

U A

N G

A N

R E

P U

B L IK

IN D

O N

E S

IA,

A G

U S

D. W

. M

A R

T O

W A

R D

O J O

www.djpp.kemenkumham.go.id