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

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c514ae8399092a2313233343336.html

bn474-2010 MINISTRY of FINANCE REGULATION NUMBER 174/FMD. 06/2010 AUCTION OFFICIALS ABOUT class I with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to implement the provisions of article 9 of the regulation of the Minister of finance Number 93/FMD. 06/2010 about auctions and Guidelines in the framework of professional development of officials as well as improve services auction auctions are more efficient, effective, transparent, accountable, fair, and ensures legal certainty , need to make refinements to the provisions concerning the Official Auction class I; b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of finance about the auction Officials class I; Given: 1. The auction legislation (Vendu Reglement, Ordonantie February 28 1908 Staatsblad 1908:189 as has been modified several times with Staatsblad 1941:3); 2. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet of the Republic of Indonesia Number 14); 3. Auction Instructions (Vendu Instructie, Staatsblad 1908:190 as last amended several times with the Staatsblad 1930:85); 4. Government Regulation Number 44 in 2003 about the Tariff Over the kind of Acceptance State Tax is not applicable to the Department of Finance (State Gazette of the Republic of Indonesia Number 95 in 2003, an additional Sheet of the Republic of Indonesia Number 4313); 5. the presidential Regulation No. 10 in 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia as it has several times changed the last presidential regulation Number 50 in 2008; 6. Presidential regulation Number 95 in 2006 about the Organization and the work of Institutions in the Environment Department of finance Vertical as amended Presidential Regulation number 22 in 2007; 7. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries; www.djpp.depkumham.go.id 8. Presidential Decree Number 56/P in 2010; 9. Regulation of the Minister of finance Number 100/FMD. 01/2008 about the Organization and the work of the Ministry of finance as it has several times changed with the regulation of the Minister of finance Number 143.1/FMD. 01/2009; 10. Regulation of the Minister of finance Number 102/FMD. 01/2008 about the Organization and governance of Employment Agency Directorate General Vertical Wealth countries; 11. Regulation of the Minister of finance Number 93/FMD. 06/2010 about the auction Guidelines; 12. The decision of the Minister of finance Number 347/KMK. 01/2008 about Echelon Officials authorized the Pelimpahan I in the Environment Department of finance for and on behalf of the Minister of finance Signed letters and or Finance Ministers Decision as amended by decision of the Minister of finance Number 218/KMK. 01/2010; Decide: Define: REGULATION Of The MINISTER Of FINANCE ABOUT The AUCTION OFFICIALS Class I. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Finance Minister is: 1. The auction Officials are the ones that are based on legislation was authorized specifically to carry out the sale of items in auction. 2. Class I is the Auction Officials officials of the Directorate General of employee Wealth Auction State authorities carry out Auctions of execution, Auction Noneksekusi Auction Noneksekusi and mandatory, voluntary. 3. the Minister is the Minister of Finance of the Republic of Indonesia. 4. Directorate General of State Wealth, hereinafter abbreviated as DJKN, is a unit of Echelon I in the Environment Ministry of finance which has the task of formulating and implementing the policies and technical standards in the field of wealth State, accounts receivable of State and the auction in accordance with policies established by the Minister of finance and based on laws applicable invitation. 5. The Director-General is the Director General of the country's Wealth. 6. The auction Director, hereinafter called the Director, is one of the official units of the Echelon II in the Environment Directorate of the wealth of the country which has the task of carrying out the preparation of formulation of activity, standardization and technical guidance, evaluation and implementation of the construction planning the auction, inspection, supervision, and coaching the performance in the field of technical policy based auction set by the Director General. 7. the Regional Office of the Directorate General of the country's Wealth, which is hereinafter referred to regional offices, the Agency is the Directorate General vertical Wealth Countries that are under and is responsible directly to the Director General. 8. Service Office a wealth of State and Auction, hereinafter abbreviated KPKNL, are instances of vertical Directorate General of State Wealth that lies beneath and is responsible directly to the head of the regional office. www.djpp.depkumham.go.id 9. Auction watchdog (Superintendent) is the official authorized to do coaching and supervision to the Auction Officials. 10. direct Examination is an examination conducted by the Supervisor of the auction (Superintendent) of class I in order to Auction the construction, supervision and/or performance assessment. 11. indirect examination of inspection activities are carried out by the watchdog Auction (Superintendent) against auction documents and reports the activities of the officials of the Auction class I as well as other data. APPOINTMENT and DISMISSAL of CHAPTER II of Part One General article 2 class I Auction Officials are appointed and dismissed by the Director General on behalf of the Minister. The second part of article 3 Appointment terms for appointed Officials Auction class I as follows: a. a healthier physical and spiritual; b. the lowest educated undergraduate preferred fields of law, economics, accounting or management/assessment; c. the lowest-ranking Managers (Group II/c); d. graduate education and training (training) Training auction, Auction Officials II, III, or Auction Education DPT III PPLN; and e. never got a written warning or disciplinary punishment expressed with affidavits from employer-level Echelon III in the work unit concerned. Article 4 appointment of class I Auction Officials proposed by the head of the regional office/head KPKNL/Echelon II Headquarters Officials DJKN with accompanied documents requirements which include: a. a photocopy of a diploma degree (S1); b. photocopy of decision letter of last line; c. photocopy of certificate of graduation Training officials of the auction, the auction Training II, III, or Auction Education DPT III PPLN; and d. the certificate never got a written warning or disciplinary punishment from his superiors-level Echelon III in the work unit concerned. Article 5 (1) the head of a proposed letter of appointment asking KPKNL Official Auction class I to the head of the local regional Office accompanied by the consideration of the proposed adoption, including but not limited to the existence of a shortage of the number of officials of the auction. (2) the Head Office of the Region continued the proposed Head KPKNL and/or propose adoption Auction Officials class I in the Local Area www.djpp.depkumham.go.id Office environment to the Director General through the Secretary of DJKN with copy to the Director. (3) officials of the Echelon II Headquarters DJKN filed a letter of proposal adoption Auction class I Officer to the Director General through the Director to be forwarded to the Secretary of DJKN. (4) the Director-General on behalf of the Minister to publish the decision Adoption Auction Officials class I. Article 6 (1) before assuming office, Auction Officials class I compulsory oath or promise according to religion or beliefs and sworn in in the presence of and by the head of the regional office that oversees the Auction Officer Class I is concerned. (2) the taking of the oath or promise as mentioned in subsection (1) accompanied by a chaplain and witnessed by at least two witnesses. (3) the sound of the oath or promise as mentioned in subsection (1) as follows: "I swear/solemnly promise that I am to assume my position is, directly or indirectly, with the use of the name or any way, also does not give or promise anything to anyone that is contrary to my position." "I swear/I promise that, to do or not do something in my Office, no never will receive directly or indirectly from anyone something promise or grant of a contrary to my position." "I swear/I promise you that, be loyal to and will maintain and apply Pancasila State ideology and as a basis, the 1945 Constitution and all other laws, as well as other regulations for the country of the Republic of Indonesia". "I swear/I promise that will always run my Office honestly, thoroughly and with no distinguishing the person in carrying out my duty and would apply best and seadil-fair as well as for an official Auction that has good and honest, enforce the law and justice". Part three article 7 Stop Stop the auction Officials class I in the form of dismissal or dismissal with respect not with respect. Article 8 Termination with respect as referred to in article 7 if the Auction Officer Class I: a. dies; b. withdraw the request itself; c. the retirement of civil servants; d. not capable physically and/or spiritual to perform the duties of the Office of the Official Auction class I continuously more than 1 (one) year; or e. status as defendant in criminal cases and has been removed for 18 (eighteen) months. www.djpp.depkumham.go.id


Article 9 (1) the Head Office of the territory proposed Dismissal with respect of the auction class I Officer in writing to the Director General with a copy to the Director, attaching the following documents: a. affidavits died; b. the letter stopped the auction Officials as class I; c. Decree retiring; d. Government doctor affidavits stating the Official Auction class I were not able to perform the duties of his Office continuously more than 1 (one) year; or e. explanation letter Head Office stating the Official Auction class I have removed for 18 (eighteen) months. (2) the Director-General on behalf of the Minister to publish the decision on the dismissal of the auction Officials with respect to class I, with copy to the Director, of not longer than 30 (thirty) days after the proposed termination of the head of the regional office was received by the Director General. Article 10 officials of the Auction class I who have been dismissed are not with respect cannot be lifted back into the auction Officials. CHAPTER III AUTHORITIES, obligations and RESTRICTIONS section of the Union authorities of article 11 (1) Auction Officials authorized class I carry out auctions for all types of auction solicitation Seller/owner of the goods. (2) Auction Officials class I can carry out auction solicitation Auctioneer, though in the region it works there is class II Auction Officials. (3) Auction Officials class I can only carry out the auction after receiving a letter of assignment from KPKNL Head. Article 12 officials of the Auction class I authorized to: a. reject carrying out auction in terms not sure will file formal truth terms of auction; b. see the items to be auctioned; c. reprimand and/or removing the participant and/or visitors may feel the course of implementation if the auction auction and/or violates the code of conduct implementation of auction; d. stop the execution of an auction for a while, where necessary in order to maintain the orderly implementation of the auction; e. requesting assistance in terms of security apparatus is required; f. the purchaser confirms an auction; and/or g. cancel the auction buyer's tort endorsement by making a declaration of cancellation. www.djpp.depkumham.go.id part two Obligations Article 13 Auction Officials class I in the discharge of his Office is obligated: a. acting honest, thorough, independent, independence and safeguard the interests of the parties concerned; b. examine the formal legality of the subject and the object of the auction; c. make a section Head prior to the implementation of the auction Auctions Treatise; d. read out parts of the Tractate Head Auction before the auction participants at the time of execution of the auction, unless in the voluntary Noneksekusi Auction via the internet; e. keep order execution of the auction; f. make Minuta Treatise Auction; g. make a copy of the treatise, Treatise Excerpts Auction Auction or Auction Treatise Grosse appropriate legislation; and h. ask and examine the validity of the proof of payment of the auction price, Auction Fees, the Final income tax, the Bea acquisition of Rights over the land and/or buildings, and other Gleanings arranged according legislation. The third part of article Bans 14 Officials Auction class I in the discharge of his duties is prohibited: a. serve the application for auction outside of those powers; b. intentionally is not present in the execution of auctions scheduled; c. purchase of goods auctioned before him either directly or indirectly; d. conduct outside the levy specified in legislation; e. perform actions incompatible with propriety as officials of the Auction; f. refused the application for auction that meets the formal legality of the subject and the object of the auction is equipped with documents required; and/or g. involves blood family in a straight line up and down in the first degree, husband/wife and brother raised the auction Officials in the execution of his auction. CHAPTER IV AREA OFFICE and SEAT Article 15 officials of the Auction class I have a specific term of territory in accordance with working area KPKNL, where class I is based Auction Officials. Article 16 the auction Officials class I authorities carry out auctions, when based on KPKNL. Article 17 in the event of a vacancy/Auction Officials lack class I at an auction can be implemented, KPKNL by class I Auction Officials based in other KPKNL still in one work-area Office of the same area, or www.djpp.depkumham.go.id class I Auction Officials based in the Local Area Office, after receiving approval of the head of the regional office. Chapter V the AUCTION SUPERVISOR (SUPERINTENDENT) Part One General Article 18 the Director General and head of the regional office because his position (ex officio) becomes the auction Supervisor (Superintendent) Auction Officials class I. The second part of coaching and supervision article 19 (1) the Director General as the overseer of the Auction (Superintendent) conducts coaching and supervision to all class I Auction Officials. (2) guidance and supervision by the Director-General referred to in subsection (1) is carried out by the Director. (3) guidance and supervision by the Director referred to in subsection (2), carried out within the specific things which includes: a. do the construction technical and juridical Auction of class I; b. do the evaluation of the implementation of the auction conducted by the officials of the Auction class I; c. checks directly or indirectly and report the inspection results to the Director General; and d. monitoring the implementation of the auction. Article 20 (1) of the construction of class I Auction as stipulated in article 19 paragraph (1) in the form of awards or penalties. (2) the award referred to in subsection (1) in the form of letters or the Charter. (3) the sanctions referred to in paragraph (1) in the form of pembebastugasan or dismissal with disrespect. Article 21 (1) the head of the regional office as the Supervisor of the auction (Superintendent) conducts coaching and supervision to officials of the auction class I, based on its territory. (2) guidance and supervision by the head of the regional office as referred to in paragraph (1), include: a. assess performance; b. checks directly or indirectly and report the inspection results to the Director General; c. monitoring the implementation of the sanctions meted out to officials of the auction; d. perform juridical and technical guidance of the auction; e. monitoring of the implementation of the auction; and f. a written warning sanctions dropped. (3) the head of the regional office as the Supervisor of the auction (Superintendent) is authorized: a. take the oath/promise Auction Officials class I; www.djpp.depkumham.go.id b. Auction Officials pointing to class I, in the event of a vacancy/Auction Officials lack class I on a KPKNL; and c. pauses execution of the auction if the auction Officer Class I in carrying out the auction does not comply with the legislation. Section 22 (1) the supervisor of the auction (the Superintendent) may appoint officials/employees in the environment to do a direct examination of class I Auction as stipulated in article 19 paragraph (3) of the letters c and article 9 paragraph (2) letter b. (2) in the direct examination as referred to in paragraph (1), Auction Officials class I examined the treatise shows the mandatory Auctions, books, records, documents, and provide the necessary information over the implementation of a tackle in the auction. The third part of article 23 performance assessment performance assessment Officer Class I Auction is based on: a. the service quality auctions, include: 1. compliance with the regulations; 2. accuracy and thoroughness in making Minuta Treatise Auction and its derivatives; 3. accuracy in analyzing the documents; 4. a smooth and orderly implementation of the auction; and 5. optimization of auction prices; b. quantity auction services, including: 1. amount of the auction, a copy of the treatise Minuta, citations and grosse generated either by the condition of the goods sold, on hold, or no deals; and 2. the amount of the auction Price, Auction Fees, and other charges/Tax levy in accordance with the legislation. Article 24 (1) performance assessment of class I Auction Officials by the head of the regional office as the Supervisor of the auction (Superintendent) is done at least 1 (one) year. (2) the head of a regional office may appoint officials/employees in the environment to conduct a performance assessment of class I Auction as stipulated in paragraph (1). (3) performance assessment referred to in subsection (1) is done using a standard examination established by the Director General. (4) the head of a regional office to analyze and report the results of performance assessment of class I and Auction Officials filed a proposal to the Director General through the Director with a copy to the Secretary DJKN for rewards or meting out sanctions. (5) the Director examines the results of performance assessment of class I and Auction Officials forward the proposal to the Director-General to provide rewards or meting out sanctions. www.djpp.depkumham.go.id


CHAPTER VI SANCTIONS Section One General Article 25 sanctions meted out to officials of the auction class I consists of: a. a written warning; b. pembebastugasan; or c. the dismissal not with respect. The second part of the written Warning to article 26 (1) a written Warning was dropped to Auction Officials class I in terms of: a. made a mistake in the making of the treatise the auction, including but not limited to the object data differences auctions, Auction Prices, the imposition of customs tariff of the auction; b. do not carry out obligations as referred to in article 13; and/or c. Minuta makes a late Treatise auction. (2) the head of a regional Office of a written warning is dropping at least 7 (seven) days based on inspection results directly or indirectly and/or the results of performance assessment of class I Auction Officials. (3) Auction Officials class I that do not meet warning in writing within fourteen (14) days from the receipt of the warning letter, by the Head Office of the territory proposed to be removed to the Director General with a copy to the Director. The third part Pembebastugasan article 27 (1) Auction Officials Pembebastugasan class I is done by the Director General on behalf of the Minister. (2) Pembebastugasan dropped to Auction Officials class I in terms of: a. the existence of the proposed pembebastugasan as stipulated in article 26 paragraph (3); b. infringes the prohibition referred to in Article 14; c. carry out auctions of land and/or land and building the land from the Affidavits furnished Office of land; or d. have status as defendant in criminal cases with the threat of imprisonment. Article 28 Proposal pembebastugasan Auction class I Officers submitted by the head of the regional office to the Director-General with the attach: a. a letter of warning from the head of the regional office as stipulated in article 26 paragraph (2); www.djpp.depkumham.go.id b. evidence of the infringement referred to in article 27 paragraph (2) letter b and subparagraph c; and/or c. certificate of the competent authority that the Official Auction class I status as a defendant. Article 29 (1) Pembebastugasan referred to in article 27 dropped to class I Auction Officials by the Director-General by setting the pembebastugasan decision which contains a prohibition on carrying out Office for 6 (six) months from the date specified with copy to the Director. (2) If a class I Auction Officials had removed one (1) time repeating the same offence/deed or other violations, then Director General of the Auction Officials detached class I is the set containing both pembebastugasan Decree bans on carrying out Office for 1 (one) year. (3) If a class I Auction Officials had removed as much as 2 (two) times as mentioned in subsection (2), repeating the same offence/deed or other violations, the Director General establish a decision of dismissal is not in respect of the relevant Auction Officials as class I. (4) the decision of the Director-General of pembebastugasan class I Auction publishable Officials most longer than 30 (thirty) days after the proposal of the head of the pembebastugasan Regional Office received by the Director General. Article 30 (1) is exempt from the provisions of article 29 paragraph (2) and paragraph (3), a period of pembebastugasan given for every 6 (six) months and can be extended the longest 18 (eighteen) months to Auction Officials class I status as a defendant as mentioned in article 27 paragraph (2) letter d. (2) the proposed extension of the pembebastugasan referred to in subsection (1) is conducted by the head of the Office of the area concerned to the Director-General. (3) if the period of pembebastugasan as mentioned in subsection (1) has expired, but the process is not finished, the matter in question was dismissed with respect as class I Auction Officials. (4) in case the auction class I Officers referred to in article 27 paragraph (2) letter d not proven guilty verdict based on who has the force of law, Auction Officials had dismissed the class I with respect or was pembebastugasan can apply for adoption or repeal of sanctions pembebastugasan to the head of the local Region through the Head Office KPKNL. (5) in the event of a verdict based on have the force of law remain class I Auction Officials referred to in article 27 paragraph (2) letter d is proven guilty, is concerned not with reverence as the dismissed Officials Auction class I. Article 31 the petition for the appointment of Returning Officers for the removal of sanctions or pembebastugasan class I Auction as stipulated in article 30 paragraph (4), must attach: a. Decree of adoption Auction Officials class I; b. Decree of dismissal with respect/pembebastugasan; and c. a copy/photocopy of court rulings which have the force of law. the fourth Part www.djpp.depkumham.go.id does not Stop with respect to article 32 (1) Auction Officials dismissed the class I don't with respect from Office, if: a. carry out the auction without a letter task KPKNL Head; b. the offence as stipulated in article 29 paragraph (3); or c. sentenced to imprisonment based on the Court ruling which has acquired permanent legal force as stipulated in article 30 paragraph (5). (2) the sanction of dismissal not respectfully referred to in subsection (1) does not need to be preceded with a warning letter. Article 33 (1) Head Office proposed the dismissal of Officials with respect no class I Auction, in writing, to the Director General through the Secretary of DJKN with copy to the Director, at least with the attach: a. certificate of the Head Office of the Region based on the results of the examination of the class I Auction Officials take actions as stipulated in article 32 paragraph (1) letter a and letter b; b. a copy or photocopy of the decision of the Tribunal judges that have the power of law as stipulated in article 32 paragraph (2) Letter c; and/or c. decision pembebastugasan the Union and second as well as the head of the Regional Office of certificate based on the results of the examination of the class I Auction Officials repeated the same offence deeds/other offences referred to in Article 29 paragraph (2). (2) the Director-General to publish the decision of Dismissal Not Auction Officials with respect to class I with copy to the Director, of not longer than 30 (thirty) days after the proposed termination of the head of the regional office was received by the Director General. Article 34 Pembebastugasan and dismissal not respectfully referred to in article 27 and article 32 does not cover possible overthrow sanctions as set forth in regulations of the personnel and the civil suit and/or criminal charges appropriate legislation. CHAPTER VII PROVISIONS COVER Article 35 at the time of this Minister of finance Regulations came into force, the regulation of the Minister of finance number 41/FMD. 07/2006 about class I Auction Officials revoked and declared inapplicable. Article 36 of the regulation this Minister of Finance took effect from the date of promulgation. www.djpp.depkumham.go.id to let everyone know, ordered the enactment of these Regulations the Minister of finance with its placement in the news of the Republic of Indonesia. Established in Jakarta on September 30, 2010 the MINISTER of FINANCE of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO D.W. Enacted in Jakarta on September 30, 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR REPUBLIC INDONESIA in 2010 NUMBER 474 www.djpp.depkumham.go.id