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Regulatory Body Financial Examiner Number 1 In 2011

Original Language Title: Peraturan Badan Pemeriksa Keuangan Nomor 1 Tahun 2011

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 50, 2011

FINANCIAL EXAMINER ' S GOVERNING BODY RULES
REPUBLIC OF INDONESIA
No. 1 YEAR 2011
ABOUT
THE HONORARY ASSEMBLY OF THE FINANCIAL EXAMINER ' S BODY CODE

WITH THE GRACE OF THE ALMIGHTY GOD

THE FINANCIAL EXAMINER ' S AGENCY REPUBLIC OF INDONESIA,

Weigh: a. that to maintain the image and dignity of the BPK in carrying out the examination duties, the BPK Members, the Inspector, and the other BPK Executorists, are required to guide the BPK Code of Conduct;
B. that the enforcement of the BPK Code of Conduct as set in Regulation of the Financial Examiner of the Republic of Indonesia No. 2 Year 2007 on the Financial Examiner ' s Office of the Financial Examiner of the Republic of Indonesia is felt to have been unsuitable for development and need organization in the BPK environment;
c. that under consideration as referred to in the letter a and the letter b, need to form the Financial Examiner ' s Body Regulation on the Honorary Assembly of the Code of Conduct;

Given: Law Number 15 Year 2006 on the Financial Examiner Agency (State Gazette Indonesia Year 2006 Number 85, Extra State Sheet Number 4654);

DECIDED:

Establish: FINANCIAL EXAMINER 'S GOVERNING BODY RULES ABOUT THE HONORARY ASSEMBLY OF THE FINANCIAL EXAMINER' S GOVERNING BODY.

BAB I
UMUM PROVISIONS

Section 1
In this Regulation referred to:
1. the Financial Examiner ' s Board, which is subsequently abbreviated as BPK, is a state institution tasked with examining the management and financial responsibility of the country as referred to in the Basic Law of the Republic of Indonesia in 1945.
2. The BPK Code of Conduct, which is subsequently called the Code of Conduct, is the norms which each member of the BPK, Examtorates, and other BPK Executs during the exercise of its duty to maintain the dignity, honor, image, and credibility of the BPK.
3. Honorary Assembly of the BPK Code of Conduct, hereafter called the Honorary Assembly, is a BPK completeness tool in charge of enforcing the Code of Conduct.
4. The Code of Conduct is a team formed by the Honorary Assembly to conduct an examination of the alleged violation of the Code of Conduct.
5. Members of the BPK are state officials on the BPK who are elected by the DPR with regard to the DPD ' s consideration and are inaugurated with the Presidential Decree.
6. The torturer is the one who carries out the duty of the management and financial responsibility of the country for and on behalf of the BPK.
7. The reported parties are the Members of the BPK, the Examiner, or other BPK Executing, reported and/or suspected of committing a breach of the Code of Conduct.
8. The Board of the Financial Examiner, subsequently called the BPK Session, is a periodic meeting of the BPK Members to establish policy in the field of examination, the functions of the secretariat general, the support, and others that require the ruling of the Agency. Financial Inspector.
9. Academics are highly educated and devoted fully as well as participating directly in the field of higher education.
10. Professed is the field of work that is on the education of certain skill education.
11. The termination of the Assembly of Honor, which is next called the Putermination, is the ruling on proven or unproven of the alleged violation of the Code of Conduct taken in the Assembly of Honor.
12. Other BPK Execuers are the structural officers on the Checkpoint and the BPK Representative for their principal duties and functions and other officers and/or employees in accordance with a valid warrant for financial examination. country.

BAB II
ESTABLISHMENT AND MEMBERSHIP ARRANGEMENT
THE HONORARY ASSEMBLY AND THE ETHICS CODE TEAM

Section 2
(1) Based on this Regulation, set up the Honorary Assembly.
(2) The Honorary Assembly exercises its duties independently.
(3) The Honorary Assembly is based at the BPK Central Office.

Section 3
(1) Honorary Assembly of 5 (five) persons consisting of:
a. 3 (three) BPK Members;
B. 1 (one) person of the profession element; and
C. 1 (one) person of the academic element.
(2) The Chair of the Honorary Assembly as referred to in paragraph (1) consists of a Speaker of the Member and 4 (four) members of the Member.
(3) The Chair of the Honorary Assembly is elected and set by the BPK Session.

Section 4
(1) The Member of the Honorary Assembly as referred to in Article 3 of the paragraph (1) is elected and set forth by the BPK Assembly.
(2) The tenure of the Member of the Assembly of Honor as referred to in verse (1) is 1 (one) year and thereafter can be reelected for 1 (one) times the term.

Section 5
(1) To be able to be chosen as an Honorary Assembly Member, a candidate derived from the element of the profession and academia must meet the following terms:
a. nationals of Indonesia;
B. not be a member of the political party;
c. has a reputation and credibility recognized by the public;
D. have a competency in the field of profession or academia;
e. have the integrity and independence required to enforce the Code of Conduct;
f. never been sentenced to a prison sentence based on a court ruling that has had the power of the law to remain for committing a criminal offence threatened with a prison criminal conviction of 5 (five) years or more;
G. healthy physical and spiritual; and
h. At least 50 (50) years.
(2) In order for the appointment of an Honorary Assembly Member of an element of the profession and element of academia, the BPK may request an opinion and information to a particular association of professions or colleges.

Section 6
(1) An Honorary Assembly Member who allegedly committed a violation of the Code of Conduct is mandatory resigning.
(2) The BPK Assembly appoints the replacement of the Members of the Honorary Assembly as referred to in paragraph (1) to carry out the duties of the Provisional Member of the Assembly of Honor.
(3) The Provisional Member of the Assembly of Honor as referred to in paragraph (2) carries out the duty up to the Assign of the Assembly of Honor over the alleged violation of the Code of Conduct as referred to in paragraph (1).
(4) The Member of the Honorary Assembly as referred to in paragraph (1) may be reappointed to continue the remainder of the term if the Honorary Assembly decides that the Member is not proven to commit a breach of the Code of Conduct.

Section 7
(1) The BPK Assembly decides to replace the Honorary Assembly Member if:
a. Members of the Honorary Assembly experience physical or spiritual pain continuously and/or remain unimpeded; or
B. Members of the Honor Council have proven to be in violation of the Code
(2) The Replacement of the Member of the Honorary Assembly as referred to in paragraph (1) continues the task until the remainder of the replaced Honorary Assembly Member term is terminated.

Section 8
(1) If the Member of the Honorary Assembly as referred to in Article 6 of the paragraph (1) is designated as the Chair of the Honorary Assembly, then the successor carries out the duties of the Provisional Member of the Assembly and the Honorary Assembly until the termination.
(2) Members of the Honorary Assembly, including the Provisional Members of the Assembly of Honor, conduct the election of the Chair while the Honorary Assembly is deliberated in a deliberation of the assemblies.
(3) The Provisional Chairman of the Assembly of Honor as referred to in paragraph (2), carries out the duties of the Chair of the Honorary Assembly to the dissolution of the Order as referred to in Article 6 of the paragraph (1).
(4) After the Assembly of Honour decided that the Member of the Honorary Assembly as referred to in paragraph (1) proved to be committing a violation of the Code of Conduct, the BPK Session immediately appointed the Chair of the Honorary Assembly until the remainder of the term of the Speaker The honor of the end is over.

Section 9
The results of the BPK Trial as referred to in Article 6 of the paragraph (2), Section 7 of the paragraph (1), and Article 8 of the paragraph (3) are defined by the Decision of the BPK.

Section 10
(1) The Honorary Assembly conducts an examination of the alleged violation of the Code of Conduct conducted by:
a. BPK Chairman;
B. Vice Chairman of the BPK;
C. BPK member;
D. Examiners; and
e. Other BPK executors.
(2) In the event of an alleged violation of the Code of Conduct conducted by the Torture or other Acting BPK as referred to in paragraph (1) the letter d and e, the Member of the Honorary Assembly who oversees the working unit of the parties is not included in the An examination of the alleged violation of the Code of Conduct
(3) The Honorary Assembly may form a ad hocCode Team to conduct an examination of the alleged violation of the Code of Conduct as referred to in paragraph (2) in the term 3 (3) of the working day since receiving the report from Panitera.

Section 11
(1) The membership of the Code of Conduct Team as referred to in Article 10 of paragraph (3) is as follows:
a. to examine the alleged abuses committed by the BPK Examiner with the functional office of the Madya and the Main Torture Officer, as well as Structural Officer Eselon II, III, IV:
Chairman: one of the members of the BPK who is a Member of the Honorary Assembly.
Members: 4 (four) persons consisting of 2 (two) Structural Officials Eselon I, 1 (one) person from the element of the profession, and 1 (one) people of the element of academia.
B. to examine the alleged violations committed by the BPK Examiner with the functional post of the First Inspector and the Young Examiner, as well as the non-Structural BPK Executors:
Chairman: one of the members of the BPK who is a Member of the Honorary Assembly.
Members: 4 (four) persons consisting of 2 (two) Structural Officers Eselon II, 1 (one) persons of the element of the profession, and 1 (one) persons of the element of academia.
(2) Members of the Code of Conduct derived from the elements of the profession and academia are the Members of the Honorary Assembly as referred to in Article 3.

Section 12
(1) The Code of Conduct as referred to in Article 11 is appointed by the Honorary Assembly and set out with the Decision of the Chair of the Honorary Assembly.
(2) The Honorary Assembly cannot appoint a Structural Officer who oversees the Torturer's labor force who allegedly committed a breach of the Code of Conduct in the membership of the Code of Conduct.

BAB III
FUNCTIONS, TASKS, AUTHORITY, AND OBLIGATIONS
THE HONORARY ASSEMBLY AND THE ETHICS CODE TEAM

Section 13
(1) The Honorary Assembly has a function of enforcing the Code of Conduct.
(2) In carrying out functions as referred to in paragraph (1), the Honorary Assembly has the following tasks:
a. conduct an examination of the dugaaan violation of the Code of Conduct; and
B. There may be no violation of the Code of Conduct.

Section 14
In carrying out the duties as referred to in Article 13 of the paragraph (2), the Honorary Assembly is authorized to:
a. calling and requesting information and/or data to:
1. por;
2. The parties reported; and/or
3. Witnesses.
B. provide recommendations to the BPK Session on the fall and the type of sanctions that may be imposed on the party that is proven to violate the Code of Conduct.

Section 15
(1) The Code of Conduct has a function of assisting and supporting the execution of the duties of the Honorary Assembly.
(2) In performing the function as referred to in paragraph (1), the Code of Conduct team has the following tasks:
a. conduct an examination of the violation of the Code of Conduct as referred to in Article 10 of the paragraph (3); and
B. reported the results of an examination of alleged violations of the Code of Conduct to the Honorary Assembly

Article 16
(1) In carrying out the duties as referred to in Section 15, the Code of Conduct is authorized to request the information and/or data to:
a. coatings;.
B. reported parties; and/or
c. Witnesses.
(2) In the conduct of the task as referred to in paragraph (1), the Code of Conduct is responsible to the Honorary Assembly.

Article 17
The party requested by the captions and/or data as referred to in Article 14 of the letter a or Article 16 of the paragraph (1) is required to provide the information and/or data requested by the Honorary Assembly or the Code of Conduct.

Section 18
In carrying out its duties and its authority, Honor Assembly Members and Team Code of Conduct are obliged to:
a. Secret:
1) the identity of the por, the reported party, and the witness to anyone; and
2) the information obtained due to its position as an Honorary Assembly Member or Team of Conduct Code.
B. Withdrew from the examination of the alleged violation of the Code of Conduct if there is a conflict of interest that can interfere with the objectivity of the examination

BAB IV
THE PANITERA OF THE HONORARY ASSEMBLY

Section 19
(1) Honorary Assembly assisted by Panitera which ex officio is exercised by the Main Inspector BPK.
(2) If the Main Inspector BPK is temporarily impeded and/or unimpeded, the Honorary Assembly may appoint one of the Inspector in the Primary Inspectorate of the BPK as the Panitera of the Switcher to perform the tasks Panitera.

Article 20
(1) Panitera has an overheating task that includes:
a. received reports of an alleged violation of the Code of Conduct;
B. Set up the report and the initial evidence submitted;
c. examines the clarity:
1. The identity of the por;
2. The identity of the reported party; and
3. The reported cases.
D. Outline the case position of the alleged violation of the Code of Conduct by report
e. Research and completion of the evidence for alleged violations of the Code of Conduct based on the assignment of the
f. compose and report the results of the research as referred to the letter c and the letter d to the Honorary Assembly;
G. delivered the Decision of Chairman of the Assembly of Honor regarding the appointment of Member of the Code of Conduct to the
h. deliver an Honorary Assembly or Team Code of Conduct subpoenaed to the parties;
i. prepare for an Honorary Assembly trial and/or the Code of Conduct;
J. make news of the event of the Court of Honor and/or the Code Team of Conduct;
No, setting up the concept of the results of the examination of the Code of Conduct of the Code of Conduct to
I. preparing the concept of an Honorary Assembly hearing; and
M. deliver the Honorary Assembly to the BPK Assembly and the parties reported.
(2) In the conduct of the task as referred to in verse (1), Panitera is assisted by the Panitera Secretariat which was formed with the Decree of the Secretary General.
(3) Panitera is responsible to the Honorary Assembly.

BAB V
SET THE WAY OF THE CONDUCT CODE VIOLATION CHECK

The Kesatu section
The Code Violation Report

Section 21
(1) The report on the alleged violation of the Code of Conduct may be submitted by parties of interest or feel aggrieved, among others:
a. officials/employees of the BPK examination entity.
B. peer; or
C. Society.
(2) The report as referred to in paragraph (1) describes:
a. the identity of the caller and the reported party; and
B. The deeds were reported.
(3) The report as referred to in paragraph (1) is delivered to Panitera to be assigned a case registration number.
(4) A BPK member or a BPK acting work unit who received a report on the alleged violation of the Code of Conduct is required to continue the report to Panitera.

Section 22
Panitera delivers a report on the alleged violation of the Code of Conduct as referred to in Article 21 of the paragraph (3) to the Speaker of the Assembly of Honor the slowest 5 (five) working days since the report was received by Panitera.

Second Part
The Alleged Examination Of The Ethics Code Violation

Section 23
(1) The Honorary Assembly or Code of Conduct designates the time of the Council of Honor or the Ethics Committee of the Code of Conduct to conduct an examination of the alleged violation of the Code of Conduct.
(2) The Honorary Assembly is held at least 14 (fourteen) days of work since the receipt of the research report from the Panitera as referred to in Article 20 of the verse (1) letter f.
(3) The Conduct of the Code of Conduct is held at least 14 (fourteen) days of work since the membership of the Code of Conduct as referred to in Article 12 of the paragraph (1).
(4) Panitera delivered a summons to the por as well as the parties reported to follow the Honor Assembly trial.
(5) The call letter must be received by concerned at least 3 (3) business days before the trial is held.
(6) The format of a call letter as referred to in paragraph (4) is contained in Appendix I as an inseparable part of this Regulation.

Section 24
(1) The examination of the alleged violation of the Code of Conduct is conducted in the House of Honor Assembly or the closed Session of the Code of Conduct Team.
(2) Examination of the repor and the reported parties is performed in a different time.
(3) The trial as referred to in paragraph (1) is carried out in the seat of the Honorary Assembly or in the BPK Representative Office.

Section 25
Parties are reportedly required to be present in the Honorary Assembly Session or the Ethics Code Team Session and cannot be represented or accompanied by another party.

Section 26
(1) The reported party has the right to self-defense.
(2) In the order of self-defense as referred to in paragraph (1), the parties are reported to be entitled to submit witnesses and/or other evidence tools.

Section 27
(1) In terms of the parties that are reported not present at the time of the hearing as referred to in Article 25, the Honorary Assembly or the Code of Conduct is delaying the hearing and setting the time of the next hearing.
(2) Panitera delivered a second call letter to the non-present party to attend the next hearing.
(3) The call letter as referred to in paragraph (2) must be received by concerned at least 1 (one) business days prior to the trial time.
(4) If the reported parties remain not attending the next hearing, then Panitera delivers a third letter of call.
(5) In terms of the parties being reported not present for the third time without a reasonable and reasonable reason, the Honorary Assembly or the Code of Conduct may conduct an examination without the presence in question.

Section 28
(1) In conducting an inspection, the Chair of the Honorary Assembly or Chairman of the Code Team of Conduct is obligated:
a. lead the Honorary Assembly Session or the Code of Conduct Team Session;
B. describe the reason and purpose of the trial; and
c. Set up an Honorary Assembly Member or Team Code of Conduct to ask questions to the por, the reported party, or the witness.
(2) In conducting an inspection, an Honorary Assembly Member or a Team of Conduct Code can:
a. ask questions to the public, the reported, and/or witnesses for the benefit of the examination of the alleged violation of the Code of Conduct; or
B. submitted advice to the Chair of the Honorary Assembly or the Code of Conduct both requested or not.

BAB VI
VERDICT AND EXECUTION OF THE RULING

Section 29
(1) The Honorary Assembly takes its ruling in the Honorary Assembly Session based on the results of an Honorary Assembly examination or the Code of Conduct.
(2) The taking of the verdict as referred to in paragraph (1) is at least attended by 4 (four) persons of the Honorary Assembly.
(3) An Honorary Assembly Member who oversees the Inspector or Acting BPK who is suspected of violating the Code of Conduct is not included in the decision making.
(4) The taking of the verdict is done in a deliberation and if it is not achieved, then the verdict is taken on the basis of the majority vote.

Section 30
(1) The Honorary Assembly of the Assembly may be:
a. stated that the reported party proved to be in violation of the Code of Conduct; or
B. stated that the reported party was not proven to violate the Code of Conduct.
(2) The termination of the Honorary Assembly is read out in an Honorary Assembly Session attended by the reported party.
(3) In terms of the parties who are reported to not attend the Honorary Assembly Session as referred to in paragraph (2), the Honorary Assembly adjourn the hearing and set the time of the next hearing.
(4) If the reported parties remain not attending the next hearing, then the Assemblies of the Assembly of Honor are read out in the Assembly of Honor Assembly without the presence of any concerned presence.
(5) The termination as referred to in paragraph (1) of the letter a is delivered to the BPK Session after being read out in the Assembly of Honor.

Section 31
(1) The termination of the Council of Honor as referred to in Article 30 of the paragraph (1) is signed by all Members of the Honorary Assembly.
(2) The termination format as referred to in paragraph (1) is contained in Appendix II as an inseparable part of this Regulation.

Section 32
The honorary Assembly ' s ruling can be uploaded in the BPK intranet network system.

Article 33
(1) In the case of the Putermination stated that the reported party proved to be in violation of the Code of Conduct, then the BPK held a BPK Session to decide which sanctions were to be dropped.
(2) The hearing as referred to in paragraph (1) is not attended by the reported parties that are otherwise stated to be in violation of the Code of Conduct.

Section 34
Panitera records the Assembly of Honor as referred to in Article 30 in the case registration book.

BAB VII
THE TRANSITION PROVISION

Section 35
At the time this Regulation comes into force:
a. against alleged violations of the Code of Conduct which are under investigation by the Assembly of Honor, then the examination remains in accordance with the provisions set out in the BPK Regulation Number 2 of the Year 2007 on the Financial Examiner ' s Code of Conduct; and
B. against the alleged violation of the Code of Conduct which has not been conducted vetting by the Honorary Assembly, then the examination is done in accordance with the provisions set out in this Regulation.

BAB VIII
CLOSING PROVISIONS

Section 36
At the time this Regulation is in effect, the BPK Regulation Number 2 of the Year 2007 on the Code of Conduct of the Financial Examiner of the Republic of Indonesia, as long as it governs the Honorary Assembly of the Code of Conduct and Tata Cara's trial, is revoked and declared no Applicable.

This rule is starting to apply to the date of the invitation.

So that everyone knows it, instructorates the Regulation of the Financial Examiner's Regulation with its placement in the State Sheet of the Republic of Indonesia.

Specified in Jakarta
On April 25, 2011
THE FINANCIAL EXAMINER ' S AGENCY
REPUBLIC OF INDONESIA
CHAIRMAN,

SO POERNOMO
promulred in Jakarta
On 25 April 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIS AKBAR

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