Government Regulation Number 72 In 2010

Original Language Title: Peraturan Pemerintah Nomor 72 Tahun 2010

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PP 72-2010 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 124, 2010 GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 72 in 2010 ABOUT GENERAL COMPANY (PERUM) FORESTRY COUNTRY by the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that in order for the procurement of appropriate productive efforts Government policies to boost national income by means of production activities in the areas of forestry, planting, maintenance, collection of forest products, processing and marketing of forest products The Government has set up a State Forestry Company (Perhutani) with Government Regulation No. 15 of 1972 concerning the establishment of a common State Forestry Company, as it has several times changed and re-arranged, with the Government Regulation number 30 in 2003 about the General State of forestry Company (Perhutani);
b. that with the promulgation of Act No. 19 of 2003 about State-owned enterprises and Government Regulation Number 45 in 2005 about the establishment, Management, supervision, and the dissolution of the State-owned enterprises, the Government Regulation number 30 in 2003 about the General State of forestry Company (Perhutani) need to be adjusted;
c. that to support national development, need to do business development by adding tasks and business activities of the company (Perum) Forestry State;
d. that based on considerations as referred to in letter a, letter b, letter c and a as well as to implement the provisions of article 41 paragraph (2) of Act No. 19 of 2003 about State-owned enterprises, the need to establish a government regulation on the public Company (public corporation) Forestry State;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Year 3419);
3. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888) as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 concerning the change in the law in 1999 Number 41 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412);
4. Act No. 19 of 2003 about State-owned enterprises (State Gazette of the Republic of Indonesia number 70 in 2003, an additional Sheet of the Republic of Indonesia Number 4297);
5. Government Regulation Number 45 in 2005 about the establishment, Management, supervision, And the dissolution of the State-owned enterprises (State Gazette of the Republic of Indonesia Number 117 in 2005, an additional Sheet of the Republic of Indonesia Number 4556);
Decide: define: GOVERNMENT REGULATION of PUBLIC COMPANY (PUBLIC CORPORATION) FORESTRY State.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Public Company (public corporation) Forestry countries, hereinafter referred to as the company, is a State owned enterprises, State-owned capital in the form of the entire wealth of the country that are separated and are not divided into shares.
2. Management is an activity that is performed by the Board of Directors in an effort to achieve the aims and objectives of the company.
3. oversight activities are carried out by the Board of Trustees to judge the company by way of compare between the actual state of affairs with the State is supposed to do, in the field of financial and/or technical operations in the field.
4. The dissolution is the termination of the Company defined by government regulations.
5. Forest management are activities which include the tata forests and forest management plan drafting, the utilization of forests, forest rehabilitation and reclamation, as well as forest protection and nature conservation.
6. State forest is a forest located on the land that is not encumbered by rights over the land.
7. the Minister is the Minister appointed and/or authorized to represent the Government as owner of capital in the company in accordance with the provisions of the legislation.
8. The Technical Secretary is Secretary of the organizing Affairs of the Government in the field of forestry.
9. The Board of Directors is the organ of the company that is responsible for the management of the company for the interests and objectives of the company and represent the company both inside and outside the Court.
10. The Board of Trustees is an organ of the company that is in charge of monitoring and providing advice to the Board of Directors in carrying out the activities of the management company.
CHAPTER II ESTABLISHMENT of COMPANIES article 2 companies established by the Government Regulation No. 15 of 1972 concerning the establishment of a common State Forestry Company, as it has several times changed and re-arranged, with the Government Regulation number 30 in 2003 about the General State of forestry Company (Perhutani), followed by the establishment and continued his business based on government regulations.

Article 3 (1) of this Regulation, With the Government continuing its assignment to the Company to conduct forest management in the State forest is located in the province of Central Java, East Java, West Java province and Banten Province, except for forest conservation, sustainable forest management based on the principle and the principle of good corporate governance.
(2) reduction of the area of forest management in the forest of the State referred to in paragraph (1) established by regulation of the Government.
(3) forest management in State Forests as referred to in subsection (1) includes the following activities: a. the grammar of forests and the preparation of forest management plans;

b. utilization of forests;

c. rehabilitation and reclamation of forests; and d. forest protection and nature conservation.
(4) forest management in the forest of the country by a company referred to in subsection (1) does not include the activities of a public authority that is the least of: a. the designation of forest area and determination;

b. inaugural forest area;

c. borrow use forested areas;

d. Exchange forest area;

e. changes in the status and functions of forest areas;
f. granting permission of forest utilization to third parties over the management of existing Forests in the region the company; and g. activities related to Investigator civil servant Forestry;
(5) forest management in State Forests as referred to in paragraph (1) letter b, letter c, letter d and can be cooperated with other parties.
(6) in the case of activity borrow use forested areas or Exchange forest area as referred to in paragraph (4) of the letters c and d letter intended for development activities outside the forestry activities, the company provides technical considerations.
Article 4 (1) in order to guarantee the sustainability of protected forest functions, where necessary, the management of forests in protected forest as part of forest management in the forest of the State referred to in article 3, paragraph (1) may be established by the Minister of special assignment as Technical.
(2) the Minister may give Technical special assignment to the company to conduct forest management other than set out in this Regulation in accordance with the provisions of the legislation.
(3) special assignment referred to in subsection (1) and paragraph (2), based on the results of the study carried out jointly between the company, the Minister, the Minister of finance, and the Technical Secretary is coordinated by the Technical Secretary.
Article 5 (1) if the special assignment as referred to in article 4 paragraph (1) and paragraph (2) is financially not profitable, the Government should provide compensation for all costs that have been issued by the company, including the expected margin level of naturalness along in accordance with the assignment given.
(2) the company shall expressly undertake bookkeeping regarding the separation of the Government's special assignment as referred to in article 4 paragraph (1) and paragraph (2) with a bookkeeping business goal achievement in the framework of the company.
(3) After carrying out special assignment, the Board of Directors is obligated to provide reports to the Minister and the Minister.
Article 6 in order to organise the management of the forests of the State forest as referred to in article 3 and article 4, the company can request the assistance of Investigating energy civil servant of a government agency: forestry.

Article 7 (1) the company organizes the activities of forest management as appropriate to the characteristics of the ecosystem of the region to get the optimum benefits in terms of ecological, social, and economic, for the company and society, in line with national and regional goals, which poured in Forest Sustainability Plan of Arrangement (RPKH) compiled by the company and approved by the Minister or the designated official is Technical.
(2) the corporate plan Annual Engineering (RTT) with reference to the plan of Arrangement of Forest Sustainability (RPKH).
(3) the plan of Arrangement of Forest Sustainability (RPKH) and Annual Engineering Plans (RTT) as referred to in paragraph (1) and paragraph (2) was drawn up in accordance with the guidelines set by the Technical Secretary.
(4) the Minister or the designated official Technical Supervision Plans Annual (RTT) Technique.
(5) the plan of Setting Forest Sustainability (RPKH) and Annual Engineering Plans (RTT) as referred to in paragraph (1) and paragraph (2), be a reference in the preparation of long-term plan and work plan and budget of the company.
(6) In implementing forest management as referred to in paragraph (1) the company is obliged to involve communities surrounding the forest having regard to the principles of good corporate governance.
(7) the effort to involve communities surrounding the forest as referred to in subsection (6) may be made by:


a. deliver and organises counselling, guidance, mentoring, service, engineering assistance, education and/or training;
b. disseminate information regarding the process of forest management to the community openly; and c. protect the public in participating in the implementation of forest management, among others, pay attention to and follow up on the suggestion and proposal of community forest management in the framework of all in accordance with the principles of good corporate governance and in the framework of forest protection.
Article 8 (1) When there is construction activity outside of forestry activities on land in the working area of the company by the other party as stipulated in article 3 paragraph (6), corporations get: a. compensation for the value of the investment; and/or b. other benefits above the value of the forest management rights in accordance with the guidelines set out by the Technical Secretary.
(2) in the case of activities as referred to in subsection (1) done by the business entity for profit, benefits and/or compensation can be used as the company's participation in development activities outside of forestry activities.
(3) development activity outside the forestry activities as referred to in paragraph (1), include: a. the interests of religion;

b. mining;

c. development of ketenagalistrikan and installation of renewable energy technologies;

d. development of the telecommunications network;

e. network construction of water installations;

f. Special road, highway;

g. channel clean water and/or wastewater;

h. watering;

i. the tub water shelter;

j. public facilities;

k. Re measured radiant telecommunications tools;

b. radio transmitting station;

television relay station, m.; and n. traffic safety means of sea or air.
CHAPTER III BASIC BUDGET is considered part of the COMPANY name, Seat, and a period of article 9 (1) the company was named Public Company (public corporation) or abbreviated State Forestry Perhutani.
(2) the company is domiciled and headquartered in Jakarta.
(3) the company may open branches or representation in other places, within or outside the territory of the Republic of Indonesia as defined by the Board of Directors with the approval of the Board of Trustees.
Article 10 the company is established for an unlimited period of time.

The second part aims and Objectives as well as the business activities of article 11 (1) the goals and purpose of the company was organizing a venture that aims to benefit the public in the form of the provision of goods and/or services related to the management of forest and forest products of quality at an affordable price by the community based on the principles of sustainable forest management and the principle of good corporate governance.
(2) to achieve goals and purpose referred to in subsection (1), the company organises the main business activities: a. governance of forests and the preparation of forest management plans;
b. utilization of the forest, which covers an area of utilization, utilization of environmental services, the utilization of forest products and wood instead of wood, hardwood forests and the results of the ballots instead of wood; c. rehabilitation and reclamation of forests;

d. forest protection and nature conservation;

e. processing of forest products into raw materials or materials;

f. education and training in the field of forestry;
g. research and development in the field of forestry; h. development of agroforestri;
i. establish and develop the people's Forest and/or Plant Forests people; and j. trading forest products and the results of its own production as well as the production of the other party.
(3) in addition to the main business activities referred to in paragraph (2), the company can arrange other business activities include: a. optimization of potential resources that belong to the trading house, agroindustrial complex, agribusiness, property, warehousing, tourism, hotel, resort, rest areas, hospitals, mining minerals C, telecommunications infrastructure, the utilization of water resources, and other natural resources; and b. other business activities in accordance with the purpose and objectives of the company.
The third part of article 12 Capital (1) Capital of the company is derived from the country's wealth and are separated and are not divided into shares.
(2) the magnitude of the company's capital is the entire value of its investment in the country's capital in the company as referred to in article 2 to the amount of Rp RP 700 billion (seven hundred billion rupiah) based on the Government Regulation number 30 in 2003 about the General State of forestry Company (Perhutani).
(3) any change in the country's capital investment in the company, either in the form of the addition that comes from the budget of the State Expenditures and Revenues or reductions set by government regulations.
(4) any additions to the inclusion of capital derived from the capitalization of reserves and other sources specified by the Minister.
The fourth part Management Company Paragraph 1 the appointment and dismissal of the members of the Board of Directors Article 13 Arrangements conducted by the Company's Board of Directors.

Article 14 (1) the appointment and dismissal of the members of the Board of Directors is performed by the Minister.
(2) in the framework of the appointment of members of the Board of Directors, the Minister may require input from the Technical Secretary.
Article 15 (1) the Division of duties and authorities of the Board of Directors designated by the Minister.
(2) the Minister may delegate the powers referred to in subsection (1) to the Board of Trustees.
Article 16 (1) the members of the Board of Directors assigned as a member of the Board of Directors are the candidates who pass the selection through feasibility and appropriateness test carried out by the team and/or professional institution established and/or designated by the Minister.
(2) the provisions referred to in subsection (1) does not apply to appointment back in the same positions for the Board members who assessed is able to perform the task well during his tenure.
(3) the members of the Board of Directors has declared a passed test feasibility and appropriateness as referred to in paragraph (1) and member of the Board of Directors was re-elected as referred to in paragraph (2) is required to sign a management contract before the specified his appointment as member of the Board of Directors.
Article 17 (1) which can be appointed as a member of the Board of Directors are those individuals who are able to carry out the legal deeds and never declared bankruptcy or become a member of the Board of directors or Commissioners or Trustees who were convicted of causing a company or public corporation declared bankruptcy or never convicted of committing a criminal act that is detrimental to the country's finances.
(2) in addition to meet the criteria referred to in paragraph (1), which can be elevated to the Board of Directors is the individual person who meets the criteria of expertise, integrity, leadership, experience, honest, good behavior, and has high dedication to advance and develop the company.
(3) eligibility as referred to in subsection (1) is evidenced by an affidavit signed by the members of the Board of Directors and are stored by the company.
(4) the appointment of members of the Board of directors who do not meet the requirements referred to in subsection (1) is void because the law as of as of other Board members or the Board of Trustees does not satisfy the requirements of knowing.
Article 18 (1) the number of members of the Board of Directors designated by the Minister according to your needs.
(2) in the event the Board of Directors of more than 1 (one) person, one member of the Board of Directors was appointed as the President Director.
Article 19 Board members are appointed for a term of 5 (five) years and may be reappointed for one (1) term.

Article 20 (1) in the event of a vacancy the post of Member of the Board of Directors, set conditions: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy of Office already had to appoint Directors to fill the vacancy;
b. during the term of members of the Board of Directors and the Minister has yet to fill the vacant post of Board members as referred to in subparagraph a, the Board of Trustees appoints one member of the other Board or the Minister may appoint others to perform tasks while an empty Board members as acting members of the Board of Directors with duties, authority, and the same obligations;
c. in the event the vacancy Board of Directors due to expiry of term of Office and the Minister has not yet raised the new Board members, members of the Board of Directors ends the tenure can be appointed by the Minister as acting members of the Board of Directors for a while running errands the empty Board members with the same authority and obligation until the definitive lifting of the Board members; and d. the incumbent Board members vacant as stated on the letter b and the letter c, in addition to the Board members in Office, received salary and benefits or facilities equal to those of the vacant Board members, not including compensation for full-time position.
(2) in the event that the entire Office of the Board of Directors is empty, set the following conditions: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy of Office already had to appoint Directors to fill the vacancy;
b. during the term of the Board of Directors and the Minister has yet to fill the vacant post of the Directors referred to in letter a, for while the company is managed by a Board of Trustees or other party designated by the Minister as acting members of the Board of Directors with duties, authority, and the same obligations;
c. in order to carry out management as referred to in subparagraph b, the Board of Trustees can do it together or designate one or more of them to do the management of the company;

d. in the event that the entire Board of Directors position vacant because of the expiration of the term of Office and the Minister has not yet lifted his successor, all members of the Board of Directors has ended his tenure may be appointed by the Supervisory Board or the Minister to perform his job as acting members of the Board of Directors with duties, authority, and the same obligations; and e. the incumbent members of the Board of Directors of the empty as stated on the letter b and the letter d, in addition to the Board of Trustees earn salaries and allowances and/or facilities equal to those of the vacant Board members, not including compensation for full-time position.
Article 21 (1) each Member of the Board of Directors reserves the right to resign from Office by giving in writing to the Minister and the effluent to the Supervisory Board and the other Board members.
(2) the resignation referred to in subsection (1) must be received by the Minister most longer than 30 (thirty) days before the effective date of resignation.
(3) in the event of resignation as mentioned in subsection (2) mentioned effective date is less than 30 (thirty) days from the date the letter is received, the effective date of resignation counted thirty (30) days from the date the letter is received.
(4) in the event of resignation as mentioned in subsection (2) does not mention the effective date of resignation, the Board members quit by themselves account for thirty (30) days from the date of receipt of the resignation letter.
(5) if the Minister does not give decisions up to 30 (thirty) days or up to the effective date requested, a member of the Board of directors who resigned stops by itself on day 30 (thirty) calculated from the date of letter of resignation was accepted by the Minister.
Section 22 (1) Between Board members and between Board members with a member of the Board of Trustees has prohibited blood family relations or relations because of marriage up to the third degree, either according to the straight line or the line to the side.
(2) in case of a State referred to in paragraph (1) the Minister is authorized to dismiss one of them.
Article 23 (1) Board members are prohibited from assuming the post of the stanzas as: a. the Board of Directors at the State-owned enterprises, other areas, or private-owned enterprises; b. members of the Board of Commissioners or the Board of Trustees at State-owned enterprises;
c. other structural and functional position in the Central Government institutions or agencies or areas;
d. other Office in accordance with the provisions of the legislation; and/or other Office e. may pose a conflict of interest.
(2) a member of the Board of Directors and other Office as referred to in paragraph (1), his tenure as a member of the Board of Directors expired since the date of the occurrence of perangkapan Accounting Office.
(3) in the case of a person who reinstated banned for assumed by the Office of members of the Board of Directors referred to in subsection (1) was appointed as a member of the Board of Directors, concerned should resign from the position of the most old longer than 30 (thirty) days counted from the date of his appointment as a member of the Board of Directors.
(4) members of the Board of directors who are not resigned again as referred to in paragraph (3), his position as a member of the Board of Directors ends with the passage of 30 (thirty) days referred to in subsection (3).
Article 24 (1) Board members are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) the Trustees are political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the area banned to appointed members of the Board of Directors.
(3) in the event the Board members became caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, refraining from his post as a member of the Board of Directors as of the date set to be a sysop since political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
Article 25 (1) members of the Board of Directors can be dismissed before his tenure ends on the basis of a decision of the Minister with the reason mentioned.
(2) the dismissal of members of the Board of Directors referred to in subsection (1) is performed based on the reason that in fact the Board members in question: a. is not able to meet its obligations agreed upon in the contract management; b. cannot do their job properly;
c. not implementing the provisions of the legislation and/or the provisions of the articles of Association; d. engaging in actions that are detrimental to the company and/or the State;
e. take action that violates ethics and/or propriety that ought to be respected as a member of the Board of Directors of State-owned enterprises;
f. convicted by court rulings that have the force of law that remain; or g. resigned.
(3) in addition to the reason for the dismissal of members of the Board of Directors referred to in subsection (2), the interests and goals of the company, the directors can be dismissed by the Minister based on other reasons judged appropriate by the Minister.
(4) a plan of the dismissal of members of the Board of Directors referred to in paragraph (1) notified to the concerned Board members verbally or in writing by the Minister or the designated official.
(5) a decision of dismissal for reasons referred to in paragraph (2) letter a up to d and paragraph (3) was taken after a concerned are given the opportunity defend himself.
(6) self-defense as referred to in paragraph (5) was delivered in writing to the Minister or designated officer in writing within 14 (fourteen) days counted from the date of the respective Board members notified as referred to in paragraph (4).
(7) in terms of the dismissed Board members have been doing self-defense or declared not objected over a lunch plans at the time notified, then the provisions of the time referred to in subsection (6) is deemed to have been met.
(8) during the plan termination is still in process, the Board of Directors is obligated to carry out the task in question, as appropriate.
(9) Termination for the reasons referred to in paragraph (2) letter d and f is the letter of dismissal not with respect.
Article 26 (1) the Office of Member of the Board of Directors ends when: a. dies;

b. tenure ends;

c. dismissed based on the decision of the Minister; and/or d. no longer eligible as a member of the Board of Directors on the basis of this Regulation and the provisions of other legislation.
(2) the provisions as referred to in paragraph (1) letter d include but are not limited to a duplicate post of banned and resignation.
(3) members of the Board of directors who quit before or after his term ended, except the stop because he died remains responsible for actions that have not been accepted by the Minister was.
Article 27 the Board of Trustees may remove members of the Board of Directors for a while when members of the Board of Directors acting contrary to the rules of this Government, there is an indication of the company's losses, while leaving out perform its obligations, or there is an urgent reason for company, by observing the following conditions: a. a decision of the Board of Trustees regarding the dismissal of the Provisional Board of Directors is carried out in accordance with the decision-making procedures for the Board of Trustees;
b. the suspension referred to in letter a has to be notified in writing to the concerned accompanied by reasons why such action with copy to the Minister and the Board of Directors;
c. notification as stated on the letter b is submitted within a period of not longer than 2 (two) days after the date of the establishment of the suspension;
d. the Board members dismissed while not authorized run Management company and representing the company both inside and outside the Court;
e. in writing within sixty (60) days after suspension as stated on the letter d, the Minister must revoke or decision strengthened the decided suspension after the concerned Board members are given the opportunity to defend himself; and/or f. in terms of period of 60 (sixty) days as stated on the letter e has elapsed and the Minister could not take a decision, the suspension became null and void.
Paragraph 2 duties, Authority, and responsibilities of the Board of Directors Article 28 the Board of Directors is in charge of running all acts relating to the management of the Company for the benefit of the company and in accordance with the purpose and objectives of the company and represent the company both inside and outside Court about everything and every scene, with restrictions as set forth in the provisions of the legislation, Statutes, and/or Regulations.

Article 29 in carrying out the tasks referred to in Article 28 the Board of Directors is authorized to: a. establish governance policies of the company;
b. arrange for delivery of power to the Board of Directors of one or several members of the Board of Directors to take decisions on behalf of the Board of directors or the company in and out of court;
c. set the surrender of Directors to a company's workers or some people either singly or together or to others, to represent the company in and out of court;

d. set the terms of employment of the company including the determination of salary, pension or assurance of the old days and other income for the workers of companies based on the provisions of the legislation, provided the assignment of salary, pension or assurance of the old days, and other income for the workers that go beyond the obligations set forth regulations must get prior approval from the Minister;
e. lift and lay off workers the company based on the company's employment rules and the provisions of the legislation; f. appoint and dismiss the Corporate Secretary; and g. doing all the actions and other deeds concerning the management and ownership of the company's wealth, bind the company by other parties and/or other parties with the company, and represent the company inside and outside court about everything and every scene, with restrictions as set forth in the provisions of the legislation, Statutes, and/or regulations of Ministers who are assigned based on the provisions of the legislation.
Article 30 in carrying out the tasks referred to in Article 28 the Board of Directors is obliged to: a. initiate and guarantee the implementation of the efforts and activities of the company in accordance with the intent and purpose as well as its business activities;
b. prepare in time long-term business plan, work plan and budget of the company and its changes, and submit it to the Board of Trustees and the Minister to obtain the endorsement of the Minister in accordance with the provisions in force;
c. provide an explanation to the Minister regarding the long-term business plan and work plan and budget of the company; d. make note of the meeting of the Board of Directors;
e. make annual reports as a form of accountability for the management of the company and financial documents in accordance with the law on documents of the company;
f. compiling financial reports based on Financial accounting standards and submit to public accounting for audited;
g. submit annual reports including financial statements to the Minister for approval and passed; h. provide an explanation to the Minister regarding annual reports;
i. maintain a supervisory board meeting treatise, treatise of meetings of Directors, the annual report, the company's financial documents, and other documents;
j. keep in place the position of the company, the Board of Trustees meeting and treatise treatise meeting of the Board of Directors, annual reports, financial documents, and other documents;
k. accounting system devised in accordance with Financial accounting standards and based on the principle of internal control, especially the management function, the recording, storage, and supervision;
b. provide periodic reports according to the time and manner in accordance with the provisions in force, as well as other reports whenever requested by the Board of Trustees and/or the Minister;
d. prepare the order of organization of the company complete with details and its work;
n. provide an explanation about everything that is asked or requested the members of the Board of Trustees and the Minister; o. develop and establish organizational blue print company; and p. other obligations in accordance with the conditions provided for in this Regulation and which are specified by the Minister based on the provisions of the legislation.
Article 31 (1) in carrying out its duties, the Board of Directors is obligated to devote the effort, thought, attention, and his devotion in full on the tasks, obligations and the achievement of the objectives of the company.
(2) in carrying out its duties, the Board of Directors is obligated to comply with the company's articles of Association and rules and regulations and must carry out the principle of professionalism, efficiency, transparency, independence, accountability, responsibility, and fairness.
(3) in care of the company, the Board of directors carry out the instructions given by the Minister is not incompatible with the provisions of all laws and regulations and/or budget Basis.
Article 32 (1) each Member of the Board of Directors is obligated in good faith and responsibly perform tasks for the benefit and business of the company in accordance with the provisions of the legislation.
(2) each Member of the Board of Directors are fully responsible for personally over the losses of the company in question innocent or negligent running task to the interests and business of the company.
(3) members of the Board of Directors is not responsible for any damage as referred to in paragraph (2) if it can prove that: a. the loss through no fault or negligence;
b. the management has done in good faith and prudence to interest and complies with the intent and purpose of the company;
c. have no conflict of interest either directly or indirectly over the Management's actions resulted in losses; and d. have taken action to prevent such loss has occurred or is continuing.
(4) the actions carried out by Board members outside of meetings decided by the Board of Directors becomes concerned personal liability up to the action in question was approved by the meeting of the Board of Directors.
Article 33 (1) the deed Board of Directors under this mandatory written approval of the Board of Trustees to: a. mengagunkan fixed assets to short term credit withdrawal;
b. hold the cooperation with business entities or any other form of cooperation, license, contract management, lease assets, Teamwork operation (KSO), wake up To the transfers (Build Operate Transfer BOT), wake up Belong the transfers (Build Own Transfer/BOwT), wake up the transfers To (Build Transfer Operate/BTO), and other cooperation with the value or the period of time specified by the Minister;
c. accepting or giving loans, medium-term or long-term loan, except the (debt or accounts receivable) arising due to business transactions, and loan granted to a subsidiary company with the terms of the loan to subsidiary reported to the Board of Trustees; d. eliminating the bookkeeping of accounts receivable and inventory items stuck dead;
e. release the movable fixed assets with economical common age applicable in industry in General up to 5 (five) years; and/or f. set organizational structure 1 (one) level below the Board of Directors.
(2) in order to gain approval as referred to in paragraph (1) the Board of Directors delivered a petition in writing to the Board of Trustees accompanied by the required documents.
(3) within a period of not longer than 30 (thirty) days from the date of receipt of the application from the Board of Directors, the Board of Trustees must give a decision.
(4) in the event that the Board of Trustees still need explanation or additional documents from the Board of Directors, the Board of Trustees asked for explanations and/or additional documents referred from the Board of Directors in the period referred to in subsection (3).
(5) within thirty (30) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (4), the Board of Trustees gave the decision.
Article 34 (1) of the Act below can only be made by the Board of directors after obtaining written consent of the Minister for: a. mengagunkan fixed assets for medium-term credit withdrawal or long-term; b. did the inclusion of capital in other companies;

c. establish subsidiaries and/or joint ventures;
d. the release investment capital in subsidiaries and/or joint ventures;
e. did the merger, takeover, foundries, separation, and the dissolution of subsidiaries and/or joint ventures;
f. binding the company as guarantor (borg or avalist);
g. hold the cooperation with business entities or any other form of cooperation, license, contract management, lease assets, Teamwork operation (KSO), wake up To the transfers (Build Operate Transfer BOT), wake up Belong the transfers (Build Own Transfer/BOwT), wake up the transfers To (Build Transfer Operate/BTO) and other cooperation with the value or a period of time exceeding the specified Minister as stipulated in article 33 paragraph (1) letter b; h. do not charge longer accounts receivable dihapusbukukan that has stalled;
i. release and abolish the fixed assets of the company, except for fixed assets move with economical common age applicable in industry in General up to 5 (five) years; j. assign organizational blue print company;

k. assign and change the logo of the company;
b. perform other actions and measures as referred to in article 33 paragraph (1) which has not been established in the work plan and budget of the company;
m. forming foundations, organizations, and/or Assembly either associated directly or indirectly with the company that could have an impact for the company;
n. imposition of Corporate costs that are fixed and routine for foundations, organizations and/or Assembly either associated directly or indirectly with the company; and/or o. proposing a representative of the company to be the members of the Board of Directors and/or the Board of Commissioners in a joint venture and/or subsidiaries that contributed significantly to the company and/or strategic value assigned Minister.
(2) to obtain the written consent of the Minister referred to in subsection (1), the Board of Directors delivered a petition in writing to the Minister is accompanied by a written response from the Board of Trustees and the necessary documents.
(3) to obtain a written response from the Board of Supervisors referred to in paragraph (2), the Board of Directors delivered a petition in writing to the Board of Trustees accompanied by the required documents.
(4) within thirty (30) days from the date of receipt of the application from the Board of Directors referred to in subsection (3), the Board of Trustees must provide a written response.
(5) in the event that the Board of Trustees still need explanation or additional documents from the Board of Directors, the Board of Trustees asked for explanations and/or additional documents from the Board of directors within the time referred to in subsection (4).

(6) in the event that the Board of Trustees did not give a written response and do not ask for explanations and/or additional documents from the Board of directors within the time referred to in subsection (4), the Board of Directors may provide you with a written application to the Minister to obtain written consent without a written response the Board accompanied by the description of the no response in writing from the Board of Trustees.
(7) within thirty (30) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (5), the Board of Trustees must provide a written response.
(8) if in writing within 30 (thirty) days from the date of receipt of the explanations and/or additional documents from the Board of Directors referred to in subsection (5) the Board of Trustees did not give a written response, the Board of Directors delivered a petition to the Minister to obtain written consent accompanied explanations of no written response from the Board of Trustees.
Article 35 (1) based on the proposal of the Board of Trustees, Secretary of the Board of Directors may set the action as stipulated in article 33 without the written approval of the Board of Trustees.
(2) the Minister may delegate the authority granting approval of the actions of the Board of Directors as stipulated in article 34 to the Board of Trustees.
(3) where necessary in order to secure the company, the Minister may establish other restrictions to the Board of Directors.
Article 36 (1) in order to carry out the tasks referred to in Article 28, if not defined otherwise by the Board of Directors, then the Director shall be entitled and authorized to act for and on behalf of the Board of Directors and represent the company, provided all the action the President Director was approved by the meeting of the Board of Directors.
(2) in case the President Director is absent or unable to due to any cause that does not need to be proved to a third party, one of the Directors who are appointed by the President Director is authorized to act on behalf of the Board of Directors.
(3) in case the President Director is not doing the designation, then one of the Directors who are appointed by and among existing Board members authorized to act on behalf of the Board of Directors.
(4) in the event of appointment referred to in subsection (3) is not done, then one of the longest-serving Director as a member of the Board of Directors is authorized to act on behalf of the Board of Directors.
(5) in the event that the Director of the longest-serving as a member of the Board of Directors of more than 1 (one) person, then a Director referred to in subsection (4) the age of the oldest authorized to act on behalf of the Board of Directors.
Article 37 the Board of Directors is entitled to appoint one or more Deputy or his authority to do certain laws by giving special powers under power of attorney.

Article 38 (1) the Division of tasks and authorities of every Member of the Board of Directors designated by the Minister.
(2) the Minister may grant the authority regarding the Division of tasks and authorities of the Board of Directors referred to in subsection (1) to the Board of Trustees.
Paragraph 3 of the meeting of Directors of article 39 (1) any decision of the Board of Directors taken in a meeting of Directors.
(2) the decision of the Board of Directors may also be taken outside the meeting of the Board of Directors throughout the entire Board members agree on manner and material adjudged.
(3) in any meeting of the Board of directors should be made note of the meeting signed by the Chairman of the Board of Directors meetings and all members of the Board of Directors are present, which contains things that are discussed and decided upon, including a statement of disapproval if any Board members.
(4) a copy of the note of the meeting referred to in subsection (3) is submitted to the Board of Trustees for the unknown.
Article 40 (1) the Board of Directors held a meeting at any time if deemed necessary by one or more members of the Board of directors or upon written request of one or more members of the Board of Trustees or the Minister by mentioning things that will be discussed.
(2) the Board of Directors ' Meeting held at the seat of the company, in the place of the business activities of the company, or elsewhere on the territory of the Republic of Indonesia established by the Board of Directors.
(3) call meetings of Directors done in writing by the members of the Board of Directors is entitled to represent the company and delivered in writing within three (3) days before the meeting is held or in less time if in urgent circumstances, and not the date of the call and the date of the meeting.
(4) in a letter calling the meeting must be attached to the event, date, time, and place of the meeting.
(5) the Board of Directors ' Meeting is valid and has the right to take decisions that are binding if attended by more than 1/2 (one-) number of members of the Board of directors or his Deputy.
(6) in the event that the Board of Directors Meeting held without calling a meeting, in writing, the meeting was illegal and the right to take decisions that are binding when attended by all members of the Board of directors or his Deputy.
(7) In the eyes of other events, meetings of Directors are not entitled to take a decision unless all members of the Board of directors or his Deputy the legitimate present and approved the agenda of the meeting which became the show's other eye.
Article 41 (1) a member of the Board of Directors may be represented in the meeting only by the other Board members on the basis of a written power of Attorney provided special for it.
(2) a member of the Board of Directors can only represent one other Board member.
Article 42 (1) meetings of the Board of Directors is chaired by the President Director.
(2) in case the President Director is not present or is unable to, the meeting of the Board of Directors is headed by a Director who is specially designated by the Director.
(3) in case the President Director is not doing the designation, one of the Directors who are appointed by and among existing Board members authorized to preside over meetings of the Board of Directors.
(4) in the event of appointment referred to in subsection (3) is not done, the longest Board members served as member of the Board of directors who led the meeting of Directors.
(5) in terms of the longest Board members served as member of the Board of Directors of more than 1 (one) person, one of the Board members in the age of the oldest authorized lead directors.
Article 43 (1) the decision of the Board of Directors in the meeting taken with deliberation for consensus.
(2) in case the decision can not be taken with deliberation for consensus, a decision taken with the most votes.
(3) each Member of the Board of Directors reserves the right to issue one (1) vote and an additional one (1) vote for Board members it represents.
(4) if the number of votes that agree and disagree just as much, the decision of the meeting is that in accordance with the opinion of the Chairman of the meeting by staying attentive to the provisions concerning liability referred to in Article 32 paragraph (2).
(5) in the event of a proposal more than two alternatives and the results of the vote have yet to get a single alternative with a voice more than ½ (one per two) part of the number of votes were excluded, conducted re-election against two proposals that gained the most votes so that one of the proposals obtained votes more than ½ (one per two) part of the amount of noise emitted.
(6) the votes or abstentions blanko deemed consent to the proposal put forward in the meeting.
(7) unauthorized Sound be considered do not exist and are not counted in determining the number of votes issued in the meeting.
Paragraph 4 of the conflict of interest Board of Directors Article 44 (1) members of the Board of Directors is not authorized to represent the company if: a. the matter occurred in front of the Court between companies with Board members concerned; and/or b. the concerned Board members have interests that conflict with the interests of the company.
(2) in case the condition referred to in subsection (1), the company is represented by one of the Directors who are appointed by and from the Board of Directors in addition to the members of the Board of Directors referred to in subsection (1).
(3) in the event of conflict of interest concerns all members of the Board of Directors, the company is represented by the Supervisory Board or by a person appointed by the Board of Trustees.
(4) In the event the condition referred to in subsection (3) and no Board of Trustees, the Minister raised one or more to represent the company.
(5) in the event that all members of the Board of directors or the Supervisory Board has a conflict of interest with the company, the Minister appoints the other to represent the company.
The fifth part 1 Paragraph Oversight of appointment and dismissal of the Board of Trustees of article 45 conducted by the company's Supervisory Board of Trustees.

Article 46 (1) the appointment and dismissal of the members of the Board of Trustees is done by the Minister.
(2) members of the Supervisory Board can comprise elements of officials under the Technical Secretary, Ministry of finance, the Minister, and the head of the Ministry/government institution non Ministry that its activities directly related to the company.
(3) appointment of a member of the Board of Trustees of the elements referred to in paragraph (2) was done by staying attentive to the requirements of members of the Board of Trustees as provided for in this Regulation.
Article 47 (1) which can be appointed as a member of the Board of Trustees is the individual person who is able to carry out the legal deeds and never declared bankruptcy or become a member of the Board of directors or Commissioners or Trustees who were convicted of causing a company or public corporation declared bankruptcy or never convicted of committing a criminal act that is detrimental to the country's finances.
(2) in addition to meet the criteria referred to in paragraph (1), which can be appointed as a member of the Board of Trustees is the individual people who have integrity, dedication, understanding corporate management issues related to one of the functions of management, have adequate knowledge in the field of business of the company, and can provide enough time to do their job.

(3) eligibility as referred to in subsection (1) is evidenced by an affidavit signed by the members of the Board of Trustees and the letter is stored by the company.
(4) the appointment of members of the Board of Trustees who do not meet the requirements referred to in subsection (1) is void because the law as other members of the Board of Trustees or Board of directors know not satisfy these requirements.
Article 48 (1) the number of members of the Board of Trustees designated by the Minister according to your needs.
(2) in the case of members of the Board of Trustees more than 1 (one) person, one member of the Board of Trustees was appointed as Chairman of the Board of Trustees.
Article 49 (1) the members of the Supervisory Board are appointed for a term of 5 (five) years and may be reappointed for one (1) term.
(2) appointment of a member of the Board of Trustees not coinciding with the appointment of the members of the Board of Directors.
Article 50 (1) in the event of a vacancy the position member of the Board of Trustees, set conditions: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy of Office already have to lift up the members of the Supervisory Board to fill the vacancy;
b. in the event of vacancy of members of the Board of Trustees due to expiry of term of Office and the Minister has yet to appoint a new Board of Trustees, a member of the Board of Trustees that ends the tenure can be appointed by the Minister as acting members of the Board of Trustees to run errands while a member of the Board of Trustees of the empty with the same authority and obligations as of the lifting of the members of the Board of Trustees are definitive; and c. the incumbent members of the Board of Trustees as stated on the letter b is given honorarium and allowances or the same facilities with members of the Board of Trustees of the empty, not including compensation for full-time position.
(2) in the event that the Office of all members of the Board of Trustees is empty, set conditions: a. the Minister in writing within 30 (thirty) days counted from the date of vacancy should already be raised a member of the Supervisory Board to fill the vacancy;
b. during the term of the Board of Trustees and the Minister has yet to fill the post vacant Board of Trustees referred to in letter a, the Minister appoint one or several person as acting members of the Board of Trustees to temporarily perform the duties of the Board of Trustees with the duties, authorities, and obligations are the same;
c. in the event that the entire Office of the Board of Trustees is empty due to expiry of term of Office and the Minister has not yet lifted his successor, all members of the Board of Trustees who has ended his tenure may be appointed by the Minister as acting members of the Board of Trustees to run the job as a member of the Board of Trustees with the duties, authorities, and obligations are the same; and d. acting members of the Board of Trustees as stated on the letter b and the letter c obtain honorarium and allowances and/or facilities as a member of the Board of Trustees, not including compensation for full-time position.
Article 51 (1) each Member of the Board of Trustees reserves the right to resign from Office by giving in writing to the Minister and the effluent to other members of the Board of Trustees and the Board of Directors.
(2) the resignation referred to in subsection (1) must be received by the Minister most longer than 30 (thirty) days before the effective date of resignation.
(3) in the event of resignation as mentioned in subsection (2) mentioned effective date is less than 30 (thirty) days from the date the letter is received, the effective date of resignation counted thirty (30) days from the date the letter is received.
(4) in the event of resignation as mentioned in subsection (2) does not mention the effective date of resignation, members of the Board of Trustees to stop on its own account for thirty (30) days from the date of receipt of the resignation letter.
(5) if the Minister does not give decisions up to 30 (thirty) days or up to the effective date requested, a member of the Board of Trustees who resigned the stops by itself on the 30 (thirty) calculated from the date of letter of resignation was accepted by the Minister.
Article 52 (1) Between the members of the Board of Trustees and between members of the Board of Trustees with Board members are prohibited from having blood family relations or relations because of marriage up to the third degree, either according to the straight line or the line to the side.
(2) in case of a State referred to in paragraph (1), the Minister is authorized to dismiss one of them.
Article 53 (1) members of the Board of Trustees are prohibited from assuming the post of the stanzas as: a. the Board of Directors at State-owned enterprises, regional-owned enterprises, private-owned enterprises;
b. the position of the other in accordance with the provisions of the legislation; and/or c. other term could pose a conflict of interest.
(2) a member of the Board of Trustees and interim term as referred to in paragraph (1), his tenure as a member of the Board of Trustees ends uncountable since the occurrence of the perangkapan Office.
(3) in the case of a person who reinstated banned for fauna with the Office of Member of the Board of Supervisors referred to in paragraph (1) was appointed as a member of the Board of Trustees, the question should resign from the position of the most old longer than 30 (thirty) days from his appointment as a member of the Board of Trustees.
(4) members of the Board of Trustees who do not resign from his post originally referred to in paragraph (3), his position as a member of the Board of Trustees ends with the passage of 30 (thirty) days referred to in subsection (3).
Article 54 (1) the members of the Board of Trustees are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) the Trustees are political parties, candidates for members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the area banned to appointed members of the Board of Trustees.
(3) in the case of members of the Board of Trustees became the caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, refraining from his position as supervisory board member unaccounted since set to be caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
Article 55 (1) a member of the Board of Trustees may be dismissed before his tenure ends on the basis of a decision of the Minister with the reason mentioned.
(2) the dismissal of a member of the Board of Supervisors referred to in paragraph (1) is performed based on the reason that in fact, a member of the Board of Trustees is concerned: a. cannot do their job properly;
b. does not implement the provisions of the legislation and/or the provisions of the articles of Association; c. engage in actions that are detrimental to the company and/or the State;
d. undertake actions that violate the ethical and/or propriety which should be honored as a member of the Supervisory Board of State-owned enterprises;
e. convicted by court rulings that have the force of law that remain; and/or f. resigned.
(3) in addition to the reasons for dismissal of members of the Board of Supervisors referred to in paragraph (2), a member of the Board of Trustees may be dismissed by the Minister based on other reasons judged appropriate by the Minister of the interests and goals of the company.
(4) the dismissal of a member of the Board of Trustees of the plan referred to in paragraph (1) notified to the members of the Board of Trustees concerned orally or in writing by the Minister or the designated official.
(5) a decision of dismissal for reasons referred to in paragraph (2) letter a up to d and paragraph (3) was taken after a concerned are given the opportunity defend himself.
(6) self-defense as referred to in paragraph (5) was delivered in writing to the Minister or the officer designated by the Minister in writing within 14 (fourteen) days counted from the date of the Board of Trustees member in question is notified as referred to in paragraph (4).
(7) in the event that a member of the Board of Trustees dismissed has been doing self-defense or declared not objected to plan a lunch at the time notified, provisions concerning the time referred to in subsection (6) is deemed to have been met.
(8) during the plan termination referred to in paragraph (4) is still in the process, the members of the Board of Trustees concerned mandatory do their job properly.
(9) Termination for the reasons referred to in paragraph (2) Letter c and the letter e is not a dismissal with respect.
Article 56 (1) the Office of a member of the Board of Trustees terminates if: a. dies;

b. tenure ends;

c. dismissed based on the decision of the Minister; and/or d. no longer eligible as a member of the Board of Trustees on the basis of this Regulation and the provisions of other legislation.
(2) the provisions as referred to in paragraph (1) letter d include but are not limited to a duplicate post of banned and resignation.
(3) a supervisory board member who quit before or after his term ended, except the stop because he died remains responsible for actions that have not been accepted by the Minister was.
Paragraph 2 duties, Authority, and responsibilities of the Board of Trustees of article 57 the Board of Trustees in charge:

a. conduct surveillance against the policy of the management and operations of Management generally good about the company or the company's business conducted by the Board of Directors; and b. provide advice to the Board of Directors including Surveillance against the implementation of a long-term business plan, work plan and budget of the company, the articles of Association, the decisions of the Minister, and the provisions of the legislation in the interest of the company in accordance with the purpose and objectives of the company.
Article 58 in carrying out the tasks referred to in Article 57, the Board of Trustees authorized to: a. see books, letters and other documents, check out the cash for the purposes of verification and other securities, and check out the wealth of the company; b. Enter the grounds, buildings, and offices used by the company;
c. demanded an explanation from the directors and/or other officials about all issues pertaining to the management of the company;
d. knows all the policies and actions that have been and will be run by a Board of Directors;
e. ask the Directors and/or other officials under a Board of Directors with the knowledge of the Board of Directors to attend a meeting of the Board of Trustees;
f. appoint and dismiss the Secretary of the Board of Trustees, if considered necessary;
g. suspend members of the Board of Directors in accordance with the provisions of this Regulation;
h. formed a Committee other than the audit committee, if deemed necessary having regard to the ability of the company;
i. use experts for certain things and within a certain period over the burden of the company, if considered necessary;
j. perform acts of management of the company in certain circumstances for a period of time in accordance with the provisions of this Regulation;
k. Board of Directors meetings and provide a view towards things that are spoken; and b. other Oversight authorities of carrying out all is not incompatible with the provisions of the regulations, the articles of Association, and/or a decision of the Minister.
Article 59 in carrying out the tasks referred to in Article 57, the Supervisory Board is obliged to: a. gives advice to the Board of Directors in the discharge of the management company;
b. research and reviewing and signing a long-term business plan and work plan and budget of the company Board of Directors prepared in accordance with the provisions of this Regulation;
c. provide opinions and advice to the Minister regarding the long-term business plan and work plan and budget of the company;
d. follow the development of the company's activity, provide opinions and advice to the Minister on any matter deemed important for the management of the company;
e. report immediately to the Minister in the event of symptoms of declining company performance;
f. researching and reviewing periodic reports and annual reports are prepared and signed the annual report of the Board of Directors;
g. provide explanations, opinions, and advice to the Minister regarding the annual report, when requested;
h. draw up annual work programmes and inclusion in the work plan and budget of the company; i. form of the audit committee;

external auditor j. proposes to the Minister;

k. make a note of the meeting of the Board of Commissioners and save a copy of it;
b. provide a report on the Surveillance tasks have been performed during the fiscal year a new tense to the Minister; and d. other obligations in order to carry out the task of supervision and the giving of advice, all do not conflict with the provisions of the regulations, the articles of Association, and/or a decision of the Minister.
Article 60 (1) in carrying out its work, the members of the Supervisory Board is obligated to abide by the articles of Association and rules and regulations as well as the mandatory carrying out the principle of professionalism, efficiency, transparency, independence, accountability, responsibility, and fairness.
(2) In overseeing the company, the Board of Trustees carry out instructions given by Ministers along does not conflict with the provisions and regulations and/or budget basis.
Article 61 (1) each Member of the Board of Trustees is obligated in good faith, full of prudence and responsibility to perform tasks for the benefit and business of the company in accordance with the provisions of the legislation.
(2) each Member of the Supervisory Board are personally responsible for any damage the company in question innocent or negligent running task to the interests and business of the company.
(3) in the event that the Board of Trustees consists of 2 (two) members of the Supervisory Board or more, the responsibility referred to in subsection (2) is the responsibility of every Member of the renteng Board of Trustees.
(4) members of the Supervisory Board is not responsible for any damage as referred to in paragraph (2) if it can prove that: a. have been conducting surveillance of prudence and in good faith for the benefit of the company and in accordance with the purpose and objectives of the company;
b. has no private interest either directly or indirectly over the actions of the Management Board of Directors resulted in losses; and c. has provided advice to the Board of Directors to prevent arising or continuing losses.
Article 62 to help the smooth execution of its duties, the Board of Trustees may appoint a Secretary of the Board of Trustees over the burden of enterprises.

Article 63 if considered necessary, the Board of Trustees in the discharge of his duties can obtain the assistance of experts for certain things and certain periods over the burden of enterprises.

Article 64 all expenses necessary in the framework of implementation of the Board of Trustees charged to companies and explicitly contained in the work plan and budget of the company.

Paragraph 3 of article 65 of the Trustees Board meeting (1) any decision of the Board of Trustees taken in a meeting of the Board of Trustees.
(2) the decision of the Board of Trustees may also be taken outside the meeting of the Board of Trustees over the entire members of the Board of Trustees agree on manner and the matter was decided.
(3) in any meeting of the Board of Trustees should be made note of the meeting signed by the Chairman of the meeting of the Board of Trustees and all members of the Supervisory Board are present, which contains things that are discussed and decided upon, including a statement of disapproval of members of the Board of Trustees if any.
(4) the original message of the meeting referred to in subsection (3) is submitted to the Board of Directors to be kept and maintained.
Article 66 (1) the Board of Trustees held a meeting at least 1 (one) time in each month and in the meeting of the Board of Trustees may invite the Board of Directors.
(2) in addition to the Meetings referred to in paragraph (1) the Board may hold meetings at any time when required by the Chairman of the Board of Trustees, proposed by at least 1/3 (one in three) of the number of members of the Board of Trustees, or upon the written request of the Minister, by mentioning things that will be discussed.
(3) meetings of the Board of Trustees was held at the seat of the company, in the place of the business activities of the company, or elsewhere on the territory of the Republic of Indonesia established by the Board of Trustees.
Article 67 (1) call a meeting Board of Trustees is done in writing by the Chairman of the Board of Trustees or by the members of the Board of Trustees appointed by the Chairman of the Board of Trustees and delivered within 3 (three) days before the meeting is held or in less time if in urgent circumstances, and not the date of the call and the date of the meeting.
(2) in a letter calling the meeting must contain the event, date, time, and place of the meeting.
(3) the call of the meeting referred to in subsection (1) is not required if all the members of the Supervisory Board present at the meeting.
(4) a meeting of the Board of Trustees is legitimate and right to take decisions that are binding, if attended by more than 1/2 (one per two) number of members of the Supervisory Board or his Deputy.
(5) in terms of meeting of the Board of Trustees was carried out without calling a meeting, in writing, the meeting was illegal and the right to take decisions that are binding when attended by all members of the Supervisory Board or his Deputy.
(6) in the event others, meeting the Supervisory Board not entitled to take a decision unless all members of the Supervisory Board or his Deputy the legitimate present and approved the agenda of the meeting which became the show's other eye.
Article 68 (1) a member of the Board of Trustees may be represented in the meeting only by other members of the Board of Trustees on the basis of a written power of Attorney provided special for it.
(2) a member of the Board of Trustees may only represent one other Member of the Board of Trustees.
Article 69 (1) meetings of the Board of Trustees is chaired by the Chairman of the Board of Trustees.
(2) in case the Chairman of the Board of Trustees is not present or is unable to, the meeting of the Board of Trustees is chaired by a member of the Board of Trustees that is specially designated by the Chairman of the Board of Trustees.
(3) in case the Chairman of the Board of Trustees does not do the appointment, one member of the Board of Trustees appointed by and among the members of the Board of Trustees, is authorized to lead a meeting of the Board of Trustees.
(4) in the event of appointment referred to in subsection (3) is not done, a member of the Board of Trustees of the most long-serving as a member of the Board of Trustees who led a meeting of the Board of Trustees.
(5) in the case of members of the Board of Trustees of the most long-serving as a member of the Board of Trustees more than 1 (one) person, one of the members of the Board of Trustees in the age of the oldest authorities led a meeting of the Board of Trustees.
Article 70 (1) of decision in Board of Trustees meeting taken with deliberation for consensus.
(2) in case the decision can not be taken with deliberation, consensus decisions are taken with the most votes.
(3) each Member of the Board of Trustees reserves the right to issue one (1) vote plus one (1) vote for a member of the Board of Trustees that it represents.

(4) if the number of votes that agree and disagree just as much, the decision of the meeting is that in accordance with the opinion of the Chairman of the meeting by staying attentive to the provisions concerning liability referred to in Article 61 paragraph (2).
(5) the votes or abstentions blanko deemed the proposal put forward in the meeting.
(6) the votes deemed invalid does not exist and is not counted in determining the number of votes issued in the meeting.
The sixth part of the long-term plan of article 71 (1) the Board of Directors is obligated to prepare a draft long-term plan that is a strategic plan that includes goals and company goals to be achieved within a period of 5 (five) years.
(2) the draft long-term plan which was signed jointly by the Board of Directors submitted to the Supervisory Board by the Minister for the passed into long-term plan.
Article 72 long term plan referred to in Article 71 paragraph (2) contains at least: a. evaluation of the implementation of long-term plans;

b. position the company at the time of the preparation of long-term plans;

c. assumptions used in the preparation of long-term plans;
d. the determination of mission, goals, strategies, policies, and programs of work long-term plan; and e. the policy business development company.
The seventh section of the work plan and corporate budget Article 73 (1) the Board of Directors is obligated to prepare a draft work plan and budget of the company containing the annual elaboration of long-term plans.
(2) the draft work plan and budget of the company referred to in subsection (1) who have signed together with the Board of Trustees proposed to the Minister the longest sixty (60) days before the fiscal year begins to gain the endorsement.
(3) the draft work plan and budget of the company as referred to in paragraph (1) was passed by the Minister of not longer than 30 (thirty) days after the fiscal year running.
(4) in the case of the draft work plan and corporate budget has not been passed by the Minister within the period referred to in subsection (3), the draft work plan and budget of the company is considered valid for executed all have met the provisions of the Ordinance the preparation work and budget plan of the company.
(5) if the company is declared healthy for 2 (two) years in a row, the powers of the Minister to certify the work and budget plan of the company as referred to in paragraph (3) may be delegated to the Board of Trustees.
Article 74 (1) changes to the work plan and budget of the company which has been endorsed as stipulated in article 73 paragraph (3) is done by the Minister.
(2) the proposal changes the company's Budget and work plan which was signed together with the Board of Trustees presented by the Board of Directors to the Minister for approval.
(3) the approval of the Minister referred to in subsection (1) must be given most longer than 30 (thirty) days from the date of receipt of the proposed change of the Board of Directors.
(4) in the case of the draft work plan and budget changes the company has not yet been passed by the Minister within the period referred to in subsection (3), the draft work plan and budget changes the company is considered valid for executed all have met the provisions of the Ordinance drafting changes work and budget plan of the company.
(5) in terms of work and Budget Plan endorsement the company has assigned to the Board of Trustees, the Authority's approval of changes to the company's business plan and budget set by the Board of Trustees.
Article 75 work and budget plan of the company as stipulated in article 73 of at least contain: a. a mission, objectives, strategies, policies, and programs of work/activities;
b. corporate budget specified for any budget work programs/activities; c. financial projections of the company and its subsidiaries;

d. Programme of work of the Board of Trustees; and e. other matters requiring a decision of the Minister.

The eighth section of the Reporting Article 76 (1) the Board of Directors is obligated to prepare periodic reports containing the implementation of the work plan and budget of the company.
(2) periodic reports referred to in subsection (1) includes quarterly reports and annual reports.
(3) in addition to the periodic reports referred to in paragraph (2), the Board of Directors at any time can also provide special reports to the Board of Trustees and/or the Minister.
(4) periodic reports referred to in paragraph (1) and the special report referred to in subsection (3) is submitted with the form, content, and the procedures of the preparation in accordance with the provisions of the legislation.
Article 77 (1) the Board of Directors is obligated to report quarterly to the Board of Trustees of not longer than 30 (thirty) days after the end of the quarterly period.
(2) Quarterly Report referred to in subsection (1) is signed by all the members of the Board of Directors.
(3) in the event that there are Board members did not sign a quarterly report referred to in subsection (2), should be mentioned the reason in writing.
Article 78 (1) within five months after the fiscal year of the company is closed, the Board of Directors is obligated to submit annual reports including audited financial statements to the Minister to obtain an endorsement.
(2) the annual report of the company as referred to in paragraph (1) was signed by all the members of the Board of Directors and Board of Trustees.
(3) in case there is a member of the Board of directors or Board of Trustees did not sign the annual report referred to in subsection (2), should be mentioned the reason in writing. (4) the annual report referred to in paragraph (1) contains at least: a. the annual calculation consists of the balance of the end of the fiscal year a new tense and calculation of the income of the fiscal year in question as well as the explanation of the document, as well as a report on the rights of companies that are not recorded in the ledgers include accounts receivable penghapusbukuan;
b. the combined balance sheet and calculation of the combined income of a company incorporated in one group, in addition to the balance sheet and the calculation of income from each such company;
c. report of the circumstances and the operations of the company as well as the results that have been achieved; d. the main activities of the company and changes during the fiscal year;
e. details of problems arising during the fiscal year that affected the activity of the company;
f. report on the duties of supervision exercised by the Board of Trustees for the new fiscal year past; g. the name of the Member of the Board of Directors and the Board of Trustees; and h. other salary and benefits for the members of the Board of Directors and honorarium and other allowances for the members of the Board of Trustees.
Article 79 (1) the calculation of the annual company as referred to in article 78 paragraph (4) letter a is made in accordance with Financial accounting standards.
(2) in the case of financial accounting standards referred to in subsection (1) cannot be implemented properly, should be given an explanation as well as the reason.
Article 80 (1) the Board of Directors is obligated to submit the annual calculation of the external auditor to the designated by the Minister upon the proposition of the Board of Trustees for review.
(2) the report of the external auditor checks the result referred to in subsection (1) is communicated in writing to the Minister to be endorsed.
(3) in the case of liability referred to in subsection (1) are not met, the passage of the annual calculation cannot be performed.
(4) the annual Calculation referred to in paragraph (1) after obtaining the endorsement of Minister announced in daily newspapers.
Article 81 (1) approval of the annual report and the annual calculation of the endorsement of the company done by the Minister.
(2) in the case of documents the annual calculation provided turned out to be untrue and/or misleading, a member of the Board of Directors and the Board of Trustees in renteng responsibilities responsible for aggrieved parties.
(3) a member of the Board of Directors and Board of Supervisors exempted from liability referred to in subsection (2) if such circumstances are proven not because of his error.
Article 82 of the attestation referred to in Article 81 freed of Directors and the Board of Trustees of the responsibility to the management and supervision performed during the last financial year, to the extent such action is contained in the annual report and the annual calculations as well as having regard to the provisions of the legislation.

The ninth part of the internal auditing unit of article 83 (1) of the company is obligated to form the internal auditing unit.
(2) internal auditing unit referred to in subsection (1) is headed by a Chief who is accountable to the Director.
Article 84 of internal auditing unit on duty: a. assist the Director in carrying out the company's financial and operational checks, assess their implementation, management and control of the company, as well as give advice on repair;
b. provide reports on examination results or the results of the implementation of internal auditing unit as stated on the letter a to the Director; and c. monitor follow-up over the inspection results have been reported.

Article 85 (1) Director report examination results of internal auditing unit as stipulated in article 84 the letter b to all the members of the Board of Directors, then followed up in a meeting of Directors.
(2) the Board of Directors is obligated to heed and take immediate steps necessary for everything expressed in each report the results of the checks made by the internal auditing unit.
Article 86 written at the request of the Board of Trustees, the Board of Directors is obligated to provide a description of the inspection results or the results of the implementation of internal auditing unit as stipulated in article 84 of the letter b.

Article 87 in performing his duties, the internal auditing unit is obligated to maintain a smooth task units of other organizations within the company in accordance with the duties and responsibilities of each.

The tenth section of the Audit Committee and Other Committees


Article 88 (1) the Supervisory Board is obliged to form an audit committee work collectively and functioning help the Board of Trustees in carrying out its work.
(2) the establishment of an audit committee is carried out in accordance with the provisions of the legislation. (3) the audit committee is tasked to: a. assist the Board in ensuring the effectiveness of the internal control system and the effectiveness of the implementation of the external auditor and the internal auditor;
b. assessing the implementation of the activities and results of the audit conducted by the internal auditing unit the external auditors;
c. provide recommendations on perfection of management control systems as well as their implementation;
d. make sure there has been a satisfactory review procedures against any information issued by the company;
e. identifying matters requiring the attention of the Board of Trustees as well as the duties of the Board of Trustees; and f. perform other duties in accordance with the provisions of the regulations and/or established by the Board of Trustees.
Article 89 (1) the Supervisory Board may form other committees to assist the Board of Trustees.
(2) the establishment and implementation of other committees is carried out in accordance with the provisions of the legislation.
The eleventh part is the use of profit and a reserve fund of article 90 (1) Each financial year, the company is obliged to set aside a certain amount from net income to reserves.
(2) net income Allowance referred to in subsection (1) until the reserve reaches at least 20% (twenty percent) of the Corporate capital.
(3) reserve fund up to the amount of 20% (twenty percent) of the capital of the company may only be used to cover the losses of the company.
(4) when the reserve fund has exceeded the amount of 20% (twenty per cent), the Minister may decide to let the excess from the reserve fund is used for the purposes of the company.
(5) the Board of Directors must manage a reserve fund in order to fund the reserves earn profits in a good way by observing the provisions of the legislation.
(6) the profit earned from the management of the reserve fund be included in the calculation of income.
Article 91 (1) the use of the net profit of the company including the amount of the allowance for the reserve referred to in Article 90 set by the Minister.
(2) the Minister may designate some or all of the company's net profit was used for the dividend distribution and/or other divisions such as tansiem (tantiem) to the Board of Directors and the Board of Trustees, bonus for employees, or placement of the net profit in reserves the company that among other things intended for expansion of the company.
Article 92 If the computation of income in a given fiscal year showed a loss that cannot be closed by the reserve fund, it will still be recorded in the Accounting Firm and the company considered not profitably over the losses that were recorded were not entirely enclosed, by not reducing the provisions of the legislation.

The twelfth part of a merger, Takeover, Foundries, and changes the shape of the body of corporate law Article 93 (1) Merger, takeover, foundries, and changes in the form of legal entity Company established by government regulation.
(2) Merger, takeover, foundries, and changes in the form of a legal entity of the company is carried out in accordance with the provisions of the legislation.
The thirteenth section of the dissolution of the company Article 94 (1) the dissolution of the company established by government regulation.
(2) the dissolution of the company is carried out in accordance with the provisions of the legislation.
Article 95 (1) in case the company disbanded, the company cannot do deeds of law, except as necessary to deal with the wealth of the company in the process of liquidation. (2) action pemberesan wealth as mentioned in subsection (1) include the following: a. record keeping and collecting the wealth of the company;

b. the determination of the Division of the wealth of the company;

c. payments to creditors;

d. payment of the remaining wealth of the company liquidation to the Minister; and e. other actions that need to be done in the implementation of the pemberesan wealth of the company.
The fourteenth part of the fiscal year the company Article 96 fiscal year of the company is the calendar year, unless specified otherwise by the Minister.

The fifteenth section of the employees of the company of article 97 (1) employees of the company is a Company worker appointment, termination, the rights and obligations set forth by the Board of Directors based on shared work agreements in accordance with the provisions of the legislation in the field of employment.
(2) the company shall not apply to any provisions of the civil service and the Office of the eselonisasi that apply to civil servants.
Article 98 in terms of employees of the company was appointed to the Board of Directors of the company, the Board of Directors at State-owned enterprises, or the directors of a subsidiary that has a status of State-owned enterprises, which concerned retired as employees of the company with the highest rank within the company, from the date of accounting was appointed member of the Board of Directors, and is entitled to the pension rights of the company.

Article 99 (1) employees of the company are prohibited from becoming a political party, candidate for the Executive Board members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
(2) in the case of employees of the company became the caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy head concerned of the area, stop by itself from his position as an employee calculated from the date set to be caretaker of the political parties, the members of the legislature, members of the legislature, the regional head of the candidate, the candidate Deputy Head of the region, the head of the area, and/or the Deputy Head of the region.
The sixteenth part of the issuance of bonds and Other Debt Article 100 issuance of bonds and other debt by the company assigned by the Minister having regard to the provisions of the legislation.

Seventeenth part of procurement of goods and services Article 101 (1) Procurement of goods and services by companies that use the funds directly from the State Budget income and Expenditure either partially or completely implemented in accordance with the provisions of the implementation of Budget revenue and Expenditure of the State.
(2) the Board of Directors of the company establishes the procedures for procurement of goods and services for the company in addition to the procurement of goods and services as referred to in paragraph (1), on the basis of general guidelines established by the Minister.
The eighteenth part of revenue's Board of Directors and the Board of Trustees of article 102 (1) the quantity and type of income the Board of Directors and the Board of Trustees designated by the Minister having regard to the provisions of the legislation.
(2) the determination of the income the Board of Directors and the Board of Trustees is done with attention to income, assets, target achievement, financial capability, and the level of health of the company.
(3) in addition to paying attention to the matters referred to in subsection (2), the Minister may also pay attention to other factors that are relevant.
(4) in addition to income received as a member of the Board of Directors and the Board of Trustees designated by the Minister, a member of the Board of Directors and Supervisory Board members are prohibited from taking personal benefits from the activities of the company.
Part of the corporate documents of the nineteenth Article 103 mandatory Board of directors manages the company's documents in accordance with the provisions of laws and regulations concerning corporate documents.

Twentieth part removal and Pemindahtanganan company assets Article 104 removal and pemindahtanganan company's assets is carried out in accordance with the procedures set forth in the regulations of the Minister.

Part Of One Bankruptcy Article 105 (1) the filing of an application for mempailitkan Companies to court can only be made by the Minister of finance.
(2) in the event of bankruptcy happens because of errors or omissions of Directors and Corporate wealth is not enough to cover the loss due to bankruptcy, each Member of the Board of Directors in renteng responsibilities responsible for the losses.
(3) a member of the Board of Directors that can prove that the bankruptcy through no fault or negligence, be liable for any damage in the renteng responsibilities.
Part Twenty Two Indemnity Article 106 members of the Board of Directors and all employees of the Company because of the legal actions against losses for the company are obliged to indemnify.

CHAPTER IV CLOSING PROVISIONS Article 107 at the time when this Regulation comes into force, regulations implementing government regulations number 30 in 2003 about the General State of forestry Company (Perhutani) remain in force throughout does not conflict and have not replaced by new provisions based on government regulations.

Article 108 at the time when this Regulation comes into force, the Government Regulation number 30 in 2003 about the General State of forestry Company (Perhutani) (State Gazette of the Republic of Indonesia Number 67 in 2003), repealed and declared inapplicable.

Article 109 of this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on October 22, 2010, the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 22, 2010 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();