Regulation Of Capital Investment Coordination Board No. 8 Of 2010

Original Language Title: Peraturan Badan Koordinasi Penanaman Modal Nomor 8 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/11e44c510fe53640ad1c313233323537.html

bn652-2010 .doc REGULATION CHIEF INVESTMENT COORDINATION BOARD No. 8 of 2010 on GUIDELINES for ORGANIZING the DEKONSENTRASI FIELD of the CONTROL of the IMPLEMENTATION of CAPITAL INVESTMENT FISCAL YEAR 2011 with the GRACE of GOD ALMIGHTY HEAD of CAPITAL INVESTMENT COORDINATION BOARD, Considering: a. that to improve the conduct of the Affairs of the Government in the field of controlling the implementation of capital investment so that it can be done more effectively and efficiently, it is necessary pelimpahan a portion of Government Affairs in the field of controlling the implementation of capital investment to the Governor; b. that to implement the provisions of article 16 paragraph (5) the Government Regulation number 7 in 2008 about Dekonsentrasi and Pembantuan and pelimpahan need to set guidelines for organizing the dekonsentrasi field of the control of the implementation of the investment; c. that based on considerations as referred to in letter a and letter b, need to set rules of capital investment Coordination Board Head of Conducting Dekonsentrasi Field Guidelines for controlling the execution of Investments fiscal year 2011; Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as last amended by law No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); www.djpp.depkumham.go.id 2. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and local governments (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 3. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 4. Government Regulation Number 20 in 2004 about the Government work plan (State Gazette of the Republic of Indonesia Number 74 in 2004, an additional Sheet of the Republic of Indonesia Number 4408); 5. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 6. Government Regulation number 7 in 2008 on Dekonsentrasi and Pembantuan (State Gazette of the Republic of Indonesia Number 20 in 2008, an additional Sheet of the Republic of Indonesia Number 4817); 7. Presidential regulation Number 90 in 2007 about the capital investment Coordination Board; 8. Regulation of the Minister of finance Number 156/FMD. 07/2008 concerning fund management Dekonsentrasi Guidelines and Task Fund Pembantuan; 9. Regulation of the capital investment Coordination Board Head Number 90/SK/2007 about the Organization and governance of the working capital investment coordination board as amended by regulation of the capital investment Coordination Board Chief number 4/P/2009; 10. Regulation of the capital investment Coordination Board Head number 13 in 2009 about the guidelines and the procedures for Controlling the implementation of capital investment as amended by regulation of the capital investment Coordination Board Head number 7 in 2010; www.djpp.depkumham.go.id decide: define: REGULATION of the CAPITAL INVESTMENT COORDINATION BOARD HEAD of CONDUCTING DEKONSENTRASI FIELD GUIDELINES for CONTROLLING the EXECUTION of INVESTMENTS FISCAL YEAR 2011. CHAPTER I GENERAL PROVISIONS Section I of article 1 in the Sense of the regulation it is: 1. Dekonsentrasi is pelimpahan the authority of the Government to the Governor as the representative of the Government and/or vertical heads of agencies in a specific area. 2. Dekonsentrasi Funds are funds that come from the budget of the State Expenditures and Revenues administered by the Governor as the representative of a Government that includes all of the receipts and expenditure in the framework of the implementation of the Dekonsentrasi, does not include the funds allocated to the vertical center of the agencies in the area. 3. The regional unit of Work Device, hereinafter abbreviated as SEGWAY, is the Organization/institution on local governments which are responsible for the implementation of the Dekonsentrasi in the field of capital investment in the province. 4. The head is the head of the capital investment coordination board. 5. The budget of the State Expenditures and Revenues, hereinafter abbreviated STATE BUDGET, the annual financial plan is the State Government which was approved by the House of representatives and is set by statute. 6. the work plan of the Government, hereinafter abbreviated RKP, is the national planning document for the period of 1 (one) year. 7. the work plan of the Ministry/Agency, hereinafter called Renja-KL, is the planning document capital investment Coordination Board for the period of 1 (one) year. 8. Work plan and budget Ministries/Agencies, hereinafter called the RKA-KL, budgeting and planning is a document that contains the programs and activities of a Ministry/institution which is the elaboration of the Government's work plan and the Strategic Plan of the coordinating body of Investing in 1 (one) year budget, and the budget necessary to carry it out. www.djpp.depkumham.go.id 9. Budget Implementation Checklist, hereinafter abbreviated TH or other documents that equated with DIPA, is a document the implementation of the budget made by the head of the capital investment Coordination Board and endorsed by the Minister of finance and serve as a document of the implementation funding activities as well as supporting documents accounting activities of the Government. 10. The Program is an instrument of policy that contains one or more of the activities implemented government agencies/institutions to achieve the goals and objectives as well as to obtain the allocation of the budget, or community activities that are coordinated by government agencies. 11. Activities are part of the program which was carried out by one or several work units as part of the achievement of measurable goals on a program and consists of a set of actions the deployment of good resources are personnel (human resources), the capital goods including appliances and technology, funds, or a combination of some or all types of resources such as input to generate output in the form of goods/services. 12. Monitoring is an activity that is carried out to monitor the development of the implementation of the activities of the investment has got a registration or approval of capital investment and/or permission of principle capital investment and/or business license, and do an evaluation over its implementation. 13. Capital investment Activities Report, hereinafter abbreviated LKPM, is reporting periodically on the development activities of the company and the investor faced constraints in the form and manner as determined. The second part of the purpose of article 2 (1) the intent of the Dekonsentrasi field of the control of the implementation of capital investment is to improve the performance of the tasks of the Organization of the Government in the field of controlling the implementation of capital investment. (2) the purpose of Dekonsentrasi is to improve the effectiveness of the role and the position of the Governor as the representative of the Government in conducting the Affairs of the Government of the realm of control of the implementation of capital investment. www.djpp.depkumham.go.id CHAPTER II SCOPE of GOVERNMENT AFFAIRS FIELD CONTROLS the IMPLEMENTATION of CAPITAL INVESTMENT article 3 scope of Government Affairs in the field of controlling the implementation of capital investment includes monitoring, coaching and supervision of the implementation of capital investment. CHAPTER III PELIMPAHAN and AUTHORITIES of article 4 (1) Most Government Affairs scope controls the implementation of capital investment as stipulated in article 3 are assigned through the Dekonsentrasi is monitoring activities realization of capital investment in the province. (2) the Chief responsible for policy Dekonsentrasi as referred to in paragraph (1). (3) the Governor is responsible for the implementation of the Dekonsentrasi as referred to in paragraph (1). Article 5 Most Government Affairs assigned followed by Dekonsentrasi funding as referred to in article 4 paragraph (1). Article 6 of the implementing Dekonsentrasi activities As referred to in article 4 paragraph (1), the Governor appoints and sets the Device Work Unit (SKPD) area of the province which hosted the function control of the implementation of capital investment as contained in Annex I. Article 7 (1) Dekonsentrasi Funding as stipulated in article 5 are directed to establish monitoring activities the implementation of capital investment in the province. (2) Dekonsentrasi Funding as referred to in paragraph (1) the operations implemented by obedient, orderly, transparent, and accountable in accordance with the provisions of the legislation. www.djpp.depkumham.go.id


Article 8 conduct of the Dekonsentrasi specified in the work plan of the Ministry/Agency, the Government's work plan and work plan and budget Ministries/Agencies fiscal year 2011. CHAPTER IV MANAGEMENT of the FUND article 9 (1) Dekonsentrasi the fiscal year 2011 Funding given to Governors in 32 (thirty two) province as listed in Annex I. (2) the Governor appoint and appointed Acting Manager Checklist of implementation of the budget (DIPA), consisting of a power user to budget, Commitment Maker Officials, Dignitaries Signers/Bill Examiners Warrant pay (SPM) and Treasurer of the expenses. (3) Acting Manager DIPA as mentioned on paragraph (2) is the official/employee of SEGWAY which has competence. (4) the appointment of officials as referred to in paragraph (2) set out in the decision of the Governor. (5) the SEGWAY referred to in subsection (3) have the right of receiving implementation control field Dekonsentrasi DIPA investing. Chapter V IMPLEMENTATION of the SEGWAY article 10 MONITORING ACTIVITIES referred to in article 6 is obligated to carry out the following activities: a. Perform monitoring activities realization of capital investment in the province. b. create a list of development capital investment company capital investment both domestic and foreign investment is still in the development stage or has been producing commercial and businesses based on project location (County/City) as listed in annex II, annex III, Appendix IV, annex V and annex VI. c. Conduct evaluation of reports or information from other sources about the implementation of capital investment activities. www.djpp.depkumham.go.id CHAPTER VI LIABILITY and REPORTING section 11 (1) Accountability Report Dekonsentrasi include: a. Managerial Reports, and; b. Accountability Report. (2) Managerial Reports as referred to in paragraph (1) letter a report covers the development of the realization of absorption of funds, achievement of target output, constraints encountered and proposed follow-up as Annex VI. (3) Managerial Reports include reports on the development of capital investment as stipulated in article 10 subparagraph b and c compiled and submitted quarterly and each end of the fiscal year with a schedule for the submission of the report as follows: a. quarterly report I submitted at the latest on 20 April; b. quarterly report II submitted at the latest on 20 July; c. quarterly report III submitted at the latest on 20 October; d. quarterly report IV and end of year Reports are submitted at the latest on 20 January next year. (4) the managerial Reports as referred to in paragraph (3) is submitted to the Governor through the regional development planning board and in particular the capital investment Coordination Board Deputy Field Controls the implementation of capital investment. (5) the accountability Report as referred to in paragraph (1) letter b include reports of financial absorption comprising the balance sheet, the report realization of budget and notes to financial statements. (6) the accountability Report referred to in subsection (5) is made in the form of official documents and accompanied with electronic data that is submitted to the accounting Unit: a. Echelon I Deputy Field Controls the implementation of capital investment; b. the Head Office of the Directorate General of the Treasury Area, and; c. the Director General of Financial Equalization. www.djpp.depkumham.go.id (7) Accountability Report Format referred to in paragraph (6) organized in the Regulations the Director General of State Treasury on Financial report preparation guidelines for Ministries/agencies. CHAPTER VII CONSTRUCTION and SUPERVISION article 12 (1) the head of coaching and supervision of conduct in conducting Government Affairs assigned to the Governor. (2) the Governor doing construction and supervision towards Dekonsentrasi implemented by the SEGWAY as stipulated in article 5. (3) the construction referred to in subsection (1) include the grant of technical guidance, and monitoring and evaluation over the conduct of the Dekonsentrasi. (4) the construction referred to in subsection (2) is conducted in order to increase performance, transparency, and accountability of organization of Dekonsentrasi. (5) the supervision referred to in subsection (1) is carried out in order to increase the effectiveness of the conduct of the Dekonsentrasi. (6) Construction and supervision over the conduct of the Dekonsentrasi was carried out in accordance with the legislation. CHAPTER VIII the ADMINISTRATIVE SANCTIONS of article 13 (1) the SEGWAY receiver Dekonsentrasi deliberately negligent or did not submit a report the accountability implementation Fund referred to the capital investment Coordination Board imposed the sanctions in the form of delays in disbursements and/or cessation of payments in accordance with the legislation. (2) the imposition of a sanction as referred to in paragraph (1), does not absolve SEGWAY from the obligation to convey the report of Dekonsentrasi funds. CHAPTER www.djpp.depkumham.go.id IX PROVISIONS COVER Article 14 with the enactment of the regulations this Regulation Head the head of capital investment Coordination Board no. 8 in 2009 about the conduct of the Dekonsentrasi field of the control of the implementation of the fiscal year 2010 capital investment stated does not apply. Article 15 of the regulation this Head comes into force on the date specified. In order to make everyone aware of it, ordered the enactment of regulations by placing it in the news of the Republic of Indonesia. Established in Jakarta on December 10, 2010 the HEAD of the CAPITAL INVESTMENT COORDINATION BOARD, GITA IRAWAN WIRJAWAN Enacted in Jakarta on December 23, 2010 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR REPUBLIC INDONESIA in 2010 NUMBER 652 www.djpp.depkumham.go.id ANNEX I RULE the HEAD of BKPM: NUMBER 8 in 2010 date: December 10, 2010 Provinces And units of the device Work in the areas of Provinces that carries out Investment activities of Dekonsentrasi in the field of control of the implementation of the budget Year capital investment 2011 No. The province Work Unit Device region 1. Nanggroe Aceh Darussalam Investment and Promotion Agency (Bainprom) of Aceh province 2. North Sumatra capital investment and Promotion Agency (BPMP) of North Sumatra Province 3. West Sumatra Province's capital investment Coordination Board (BKPMP) West Sumatra 4. The Riau capital investment and Promotion Agency area (BPMPD) of Riau, Indonesia 5. Jambi-capital investment Coordination Board (BKPMD) area of Jambi province 6. South Sumatra Regional Investment Agency (BPMD) of South Sumatra Province 7. Lampung Investment Agency (BPMD) Lampung Province 8. Bengkulu Investment coordinating body (BKPMD) of Bengkulu province 9. Bangka Belitung Islands Investment Coordination Board (BKPMD) Province of Bangka Belitung Islands 10. Riau Islands capital investment and Promotion Agency area (BPMPD) province of Riau Islands. D. i. Yogyakarta, capital investment and Cooperation Agency (BKPM) in Yogyakarta Province. West Borneo Body capital investment area (BPMD) of West Kalimantan province. Central Kalimantan Investment Agency (BPMD) province of Central Kalimantan 14. South Kalimantan capital investment Coordination Board (BKPMD) area of South Kalimantan www.djpp.depkumham.go.id 15. East Kalimantan Agency Permitting and Investment (BPPMD) of East Kalimantan province. Bantam capital investment Coordination Board (BKPMD) Region of Banten Province. West Java, coordinating body of investment and promotion area (BKPPMD) in West Java Province. Central Java Regional Investment Agency (BPMD) of Central Java province. The North Sulawesi Provincial capital investment Coordination Board (BKPMP) in North Sulawesi. Gorontalo Area Investment Agency (BID) province of Gorontalo. South East Sulawesi Investment Agency (BPMD) province of Southeast Sulawesi, 22. Central Sulawesi Capital investment and Promotion Agency area (BPMD) 23 Central Sulawesi Province. South Sulawesi Capital investment and Promotion Agency (BPPMD) of South Sulawesi province, 24. West Sulawesi Investment Promotion Agencies (BPPMD) of West Sulawesi province 25. East Java capital investment Agency (BPM) of East Java 26. Bali Investment Agency (BPM) of the province of Bali. West Nusa Tenggara capital investment Agency (BPM) of the province of Nusa Tenggara Barat 28. East Nusa Tenggara capital investment Coordinating Agency (BKPM) East Nusa Tenggara province 29. The Agency's Maluku Regional capital investment (BPMD) Maluku province 30. North Maluku Regional Investment Promotion Agencies (BPPMD) North Maluku province 31. West Papua's Bureau of Economy and investment of the regional secretariat of the province of West Papua 32. The Papua capital investment coordinating body (BKPM) Papua Province CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, www.djpp.depkumham.go.id HEAD of BKPM RULES ANNEX II: NUMBER 8 in 2010 date: December 10, 2010 Monitoring Report Format implementation of capital investment In the country based on the stage of the company in the district/city Report Period: Quarterly I/II/III/IV in 2011 Description: *) Letters of approval/Registration/permissions Investing Principles Investing/Permanent business license/business license; **) Filled sign checklist (mark "√") matches the conditions of the company on the field; Realization of labor absorption) appropriate LKPM; ) Filled with additional investments company reported fit during LKPM reporting. CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, No name former haan Number Perizin-an * Effort ** Stages of labor Investment *** Pem-bangu-nan Indo-European cahya business license for foreign Plans Realization **** NUMBER of www.djpp.depkumham.go.id


ANNEX III RULES the HEAD of BKPM: NUMBER 8 in 2010 date: December 10, 2010 Recap Report Format Development the realization of Domestic capital investment by sector In Kabupaten/Kota Period reports: Quarterly I/II/III/IV in 2011 district/city: No amount of Project Sector * investment value (USD million) the use of Foreign Labor Indonesia Description I Primary Sector food crops Livestock Fisheries Forestry plantations & Mining II Secondary Sector of the food industry textile Industry goods from leather footwear & timber industry paper industry Printing Industry & Chemical Pharmaceutical Industry & rubber plastic & non-metallic minerals Industry Industrial metal, Industrial Electronics instrument & mesik medical, precision, optical www.djpp.depkumham.go.id and clock Industry motor vehicles other transport & III Tertiary sectors of electricity, gas and water Construction Trade Hotels reparations & & restaurant transportation, housing, communication & warehouse industrial office & other services *) project is a business activity that has obtained licensing from the Ministry of investment one door Integrated capital investment Coordinating Agency (BKPM PTSP) or institutions in the fields of PTSP providers investing in both the province of or district/city. CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, www.djpp.depkumham.go.id ANNEX IV of the REGULATION the HEAD of BKPM: NUMBER 8 in 2010 date: December 10, 2010 Monitoring Report Format Implementation Stages based on Foreign capital investment companies in the district/city Report Period: Quarterly I/II/III/IV in 2011 Description: *) Letters of approval/Registration/permissions Investing Principles Investing/Permanent business license/business license; **) Filled sign checklist (mark "√") matches the conditions of the company on the field; Realization of labor absorption) appropriate LKPM; ) Filled with additional investments company reported fit during LKPM reporting. CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, No name former haan Number Perizin-an * Effort ** TenagaKerja * Stages * Investment * Pem-bangu-nan Indo-European cahya business license for foreign Plans Realization **** NUMBER of www.djpp.depkumham.go.id ANNEX V RULES the HEAD of BKPM: NUMBER 8 in 2010 date: December 10, 2010 Recap Report Format Development the realization of Foreign Investment by sector In Kabupaten/Kota Period reports: Quarterly I/II/III/IV in 2011 district/city Number of Sectors: No Project * investment value (USD million) the use of Foreign Labor Indonesia Description I Primary Sector food crops Livestock Fisheries Forestry plantations & Mining II Secondary Sector of the food industry textile Industry goods from leather footwear & timber industry paper industry chemical industry printing & Pharmaceutical Industry & rubber plastic mineral Industry & non-metallic metal Industry, Industrial Electronics instrument & mesik medical, precision, optical and hour www.djpp.depkumham.go.id Industry motor vehicles other transport & III Tertiary Sector Electricity , gas and water Construction Trade Hotels reparations & & restaurant transportation, housing, communication & warehouse industrial office & other services *) project is a business activity that has obtained licensing from the Ministry of investment one door Integrated capital investment Coordinating Agency (BKPM PTSP) or institutions in the fields of PTSP organizers investing either in the province or district/city. CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, www.djpp.depkumham.go.id ANNEX VI REGULATION HEAD of BKPM: NUMBER 8 in 2010 date: December 10, 2010 Report Format constraints and the necessary Follow-up Measures in the implementation of the activity period of report: Quarterly I/II/III/IV in 2011 No code and the name of the Sub-Fund's absorption of Product Realization Activities Target Output Constraints Necessary Follow-up Parties are expected to Help Menyelesai Kan Issue rating (Idr) percent-tase (%) CAPITAL INVESTMENT COORDINATION BOARD CHIEF GITA IRAWAN WIRJAWAN, www.djpp.depkumham.go.id