Advanced Search

Regulation Of The Minister Of Finance Number 174/fmd. 06/2010 2010

Original Language Title: Peraturan Menteri Keuangan Nomor 174/PMK.06/2010 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

REGULATION OF FINANCE MINISTER NUMBER 174 /PMK.06/ 2010

ABOUT THE CLASS AUCTION OFFICIAL I

WITH THE GRACE OF GOD ALMIGHTY

THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

TO DRAW: A. that to implement the provisions of Article 9 of the Minister ' s Regulation

Finance Number 93 /PMK.06/ 2010 on the Guidance of the Implementation of the Auction and in the framework of the development of the profession of auction officials as well as improve auction service that is more efficient, effective, transparent, accountable, fair, and guarantee of legal certainty, needs to do a provision of provision regarding the Class I Lelang Officer;

b. that based on the consideration as referred to in the letter a, it needs to establish the Finance Minister ' s Regulation on the Class I Lelang Officer;

Given: 1. The Auction Act (Vendu Reglement, Ordonantie 28

February 1908 Staatsblad 1908:189 as it has been several last modified with Staatsblad 1941: 3);

2. Law No. 20 of 1997 on Reception of State Not Tax (State Gazette of the Republic of Indonesia in 1997 No. 43, Additional Gazette of the Republic of Indonesia Number 3687);

3. Instruction Auctions (Vendu Instructie, Staatsblad 1908:190 as have been last modified with Staatsblad 1930:85);

4. Government Regulation Number 44 Of 2003 On The Tarif Of The Type Of State Acceptance Not Taxes Applicable To The Department Of Finance (State Sheet Of The Republic Of Indonesia In 2003 Number 95, Additional Gazette Of The Republic Of Indonesia Number 4313);

5. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as amended last several times with the Presidential Regulation No. 50 of 2008;

6. The Presidential Decree No. 95 of 2006 on the Organization and the Department of Vertical Affairs of the Department of Finance, as amended by the Presidential Regulation No. 22 of 2007;

7. Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State;

www.djpp.depkumham.go.id

8. President's Decision No. 56/P of 2010; 9. Regulation of the Finance Minister Number 100 /PMK.01/ 2008 on

The Organization and the Financial Services Department as it has been several times amended last with the Regulation of Finance Minister Number 143.1/PMK.01/2009;

10. Regulation of the Finance Minister Number 102 /PMK.01/ 2008 on the Organization and the Vertical Instances of the Directorate General of the Wealth of State;

11. Regulation of the Finance Minister Number 93 /PMK.06/ 2010 on the Implementation of the Implementation of the Auction;

12. Decision of the Finance Minister Number 347 /KMK.01/ 2008 on Devolution Of Authority To Eselon I Officials in the Department of Finance Environment for and On behalf of the Minister of Finance Siging the Letter and or Decision of the Finance Minister as amended with Decision Finance Minister Number 218 /KMK.01/2010;

DECIDED:

Establish: REGULATION OF FINANCE MINISTERS ABOUT OFFICIALS

AUCTION CLASS I.

CHAPTER I OF THE GENERAL PROVISIONS

Article 1

In The Minister ' s Rules This financial is what it means: 1. Lelang officials are persons under the laws

be given special authority to carry out the sale of the goods by auction. 2. Class I Lelang officials are Officer Lelang officers of the Directorate General

The wealth of the State that is authorized to carry out the Execution Auctions, Compulsory Nonexecutions Auctions, and Volunteer Non-Execution Auction.

3. The Minister is the Finance Minister of the Republic of Indonesia. 4. The Directorate General of Wealth of State, which was later shortened to DJKN, was

a unit of Eselon I in the Ministry of Finance's environment that has the task of formulating and carrying out the policy and standardization of technical in the field of wealth of the country, State debt and auction in accordance with the policies set forth by the Minister of Finance and under the rules of the applicable law-invitation.

5. The Director General is Director General of Wealth of State. 6. Director of the auction, subsequently called the Director, is one of the unit's officials

Eselon II in the Directorate General of Wealth of State who has the task of carrying out the preparation of the formulation of activities, standardization and technical guidance, the evaluation and implementation of coaching, inspection, surveillance, and performance coaching in the auction field based on the technical discretion specified by the Director General.

7. The Office of the Directorate General of the Wealth of State, which is later called the Regional Office, is the vertical instance of the Directorate General of the Wealth of State that is below and directly responsible to the Director General.

8. The Office of the State Wealth Service and the Lelang, later abbreviated as KPKNL, is a vertical instance of the Directorate General of the Wealth of State which is below and is directly responsible to the Head of the Area Office.

www.djpp.depkumham.go.id

9. The Superintendent of the Auction (Superintenden) is an official given the authority to conduct coaching and supervision to the Officer of Lelang.

10. A direct check is the examination activity conducted by the Lelang Supervisor (Superintenden) against the Class I Lelang Officer in the course of coaching, supervision and/or performance assessment.

11. Indirect inspection is an examination activity conducted by the Superintendent of Lelang (Superintenden) of the auction document and the activities report of the Class I of Lelang officials as well as other data.

BAB II

Appointment and DISMISSAL

Part General Parts

Section 2

Class I Lelang officials are appointed and dismissed by the Director General on behalf of the Minister.

Second Section

Section 3

Terms for the appointment as a Class I Lelang Officer as follows: a. Healthy and spiritual; b. The lowest-educated scholar (S1) is primarily legal, economic

management/accounting, or assessor; c. rank lowest of the Governing Body (Golkar II/c); d. Graduated education and training (dilate) Officer Auctions, Diklat Auction II, Diklat

Auction III, or DPT III PPLN; and e. never received a written warning or undergo a disciplinary sentence that

is expressed with a letter of description from the level of eselon III in the work unit concerned.

Article 4

Appointment of Class I Auction Officials proposed by KPKNL/Head of the District Office/Office of Eselon II DJKN Central Office with accompanied document requirements included: a. Bachelor's degree (S1); b. photocopy letter of final decision of the final braid; c. photocopy of the graduation certificate of Diklat Acting Officer Auction, Dilate Auction II, Diklat

Auction III, or DPT III PPLN; and d. The warrant has never received a written warning or undergo

The disciplinary punishment of the top echelon of the echelon III in the working unit concerned.

Article 5

(1) The KPKNL chief submitted the appointment letter Officials of Class I auction to the head of the local district office are accompanied by consideration of the proposed appointment, including but not limited to the lack of the number of Lelang Officials.

(2) The Head of the Regional Office continues the proposed Head of KPKNL and/or proposed appointment of a Class I Lelang Officer in an Office environment

www.djpp.depkumham.go.id

Fourth section of the stop is not respectfully

section 32

(1) Class I auction officials are dismissed not with respect from his post, if: a. Carry out an auction without a KPKNL Head of Duty; b. Committing an offence as referred to in Article 29 paragraph (3); or c. is sentenced to a prison criminal based on the Court ruling which has

obtained a fixed legal force as referred to in Article 30 of the paragraph (5).

(2) The sanction of the dismissal not with respect as referred to in paragraph (1) does not need to be preceded by a warning letter.

Article 33

(1) The Office of the Territories Office submitted a proposed dismissal of not with the courtesy of the Official The Class I auction is written in writing to the Director General via the DJKN Secretary with a gust to the Director, at least by attaching it:

a. The Office of the Office of the Head of the Territory based on the results of the examination of Class I Lelang officials who performed the actions referred to in Section 32 of the paragraph (1) letter a and letter b;

b. a copy or photocopy of a judge's chamber decision which has a fixed legal force as referred to in Article 32 of the paragraph (1) letter c; and/or

c. decision of the correctness of the state and the second and the letter of the Chief of the Office of the Territory based on the results of the examination of the Class I Officer I who repeated the conduct of the same violation/other offence as referred to in Article 29 of the paragraph (2).

(2) The Director General published the Dismissal Decision not With Respect to Officer Lelang Class I with busan to the Director, at least 30 (thirty) days after the proposed dismissal of the Chief Office Office was accepted by the Director General.

Article 34

The deliverer and dismissal of no respect as referred to in Article 27 and Article 32 does not close the possibility of the drop of sanctions as set forth in the rules of the staffing and the presence of a civil suit and/or criminal charge in accordance with laws.

BAB VII CLOSING provisions

Article 35

At the time the Minister of Finance Regulation came into effect, the Financial Minister Regulation No. 41/PMK.07/ 2006 on Class I Lelang officials was revoked and stated to be not applicable.

Article 36 The Finance Minister's rule came into effect from the date of the invitation.

www.djpp.depkumham.go.id

For everyone to know, ordered the authoring of this Finance Minister Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 30 September 2010 MINISTER OF FINANCE REPUBLIC OF THE REPUBLIC OF INDONESIA INDONESIA, AGUS D.W. MARTOWARDOJO

PROMULRED IN JAKARTA ON 30 SEPTEMBER 2010

MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, PATRIALIST AKBAR NEWS REPUBLIC OF INDONESIA 2010 NUMBER 474

www.djpp.depkumham.go.id

>

Article 26

(1) Written warning was dropped to the Class I Lelang Officer in terms of: a. Making errors in the creation of the Auction Treatise, including but not

is limited to the data difference of the auction object, Lelang Price, Bea Lelang rate imposition;

b. not to carry out the obligations as referred to in Article 13; and/or

c. late making Minuta Treatise Auction. (2) The Head of the Area Office dropped the slowest written warning 7 (seven)

days based on direct or indirect inspection results and/or Performance Assessment Results Officer Lelang Class I.

(3) Class I Lelang officials who not to meet the written warning in the term of 14 (fourteen) days from the receipt of the warning letter, by the Chief Office of the Territory being proposed to be relieved to the Director General by busan to the Director.

The Third Part

Deliverable

Article 27 (1) Deliverable of Class I Lelang Officer conducted by the top Director General

The Minister ' s name. (2) The deliverer is dropped to the Class I Lelang Officer in terms of: a. the presence of the decision-release as referred to in Article 26 of the paragraph

(3); b. violates the prohibition as referred to in Article 14; c. carry out an auction of land and/or land and buildings without supplemented

The Letter of the Land of the Land Office of the Land; or d. have been given status as a defendant in criminal case with threat

prison sentence.

Article 28

Proposed liberator of Class I Lelang Officer I was submitted by the Head of the Area Office to the Director General by attaching it: a. a warning letter from the Office Head of the Territory as referred to in Article

26 paragraph (2);

www.djpp.depkumham.go.id

. Proof of violation as referred to in Section 27 paragraph (2) letter b and letter c; and/or

c. The liberator as referred to in Article 27 was dropped to the Officer of Lelang Class I by the Director General by setting the decision of the liberator containing the ban on carrying out his