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Regulation Of The Minister Of Finance Number 135/fmd. 06/2009 Year 2009

Original Language Title: Peraturan Menteri Keuangan Nomor 135/PMK.06/2009 Tahun 2009

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REPUBLIC OF INDONESIA STATE NEWS

No. 270, 2009 TREASURY DEPARTMENT. -APBN. Freight Management. Contractor/Co-operation.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 135 /PMK.06/ 2009 ABOUT

THE MANAGEMENT OF STATE-OWNED GOODS DERIVED FROM CONTRACTING CONTRACTOR COOPERATION

WITH THE GRACE OF THE ALMIGHTY GOD FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

DRAWS: A. That in order to realize the accountability of the State-owned Goods, there is a need for administration and better management of the State-Owes that are derived from the contract contractor equal to uphold the highest level of the business. good governance;

b. that the Finance Minister Regulation Number 96 /PMK.06/ 2007 on the Tata Way of Use, Utiliation, Elimination, and Exquisite Possession Of State Goods, has not specifically regulated the management of the State-owned Goods which originated from the contractor the contract of cooperation;

c. that under consideration as referred to in the letter a and the letter b, it is necessary to establish the Finance Minister's Regulation on the Management of the State-owned goods from the contracting contractor of the Same Working Contract;

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Given: 1. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette of the Republic of Indonesia Number 4286);

2. Law No. 1 of 2004 on the State Treasury (Indonesian Republic Gazette 2004 No. 5, Additional Gazette of the Republic of Indonesia Number 4355);

3. Government Regulation Number 35 Year 2004 on the Activities of the Upper Business of Petroleum and Earth Gas (State of the Republic of Indonesia 2004 No. 123, Additional Gazette of the Republic of Indonesia No. 4435) as amended by the Regulation. The Government Of The Republic Of Indonesia In 2005 (sheet Of State Of The Republic Of Indonesia In 2005, Number 81, Additional Gazette Of The Republic Of Indonesia Number 4510);

4. Government Regulation No. 6 of 2006 on Management Of Goods Belonging To State/Area (sheet Of State Of The Republic Of Indonesia Year 2006 Number 20, Additional Gazette Republic Indonesia Number 4609) as amended by Government Regulation (2006) Number 38 In 2008 (sheet Of State Of The Republic Of Indonesia 2008 Number 78, Additional Gazette Of The Republic Of Indonesia Number 4855);

5. The decision of the President No. 20 /P of 2005; DECIDED:

SET: A FINANCIAL MINISTER ' S REGULATION ON THE MANAGEMENT OF STATE-OWNED GOODS DERIVED FROM CONTRACT CONTRACTING CONTRACTORS OF THE SAME.

CHAPTER I OF THE GENERAL PROVISION OF

Section OF UNDERSTANDING

ARTICLE 1 IN THIS FINANCIAL MINISTER REGULATION IN QUESTION

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with:

1. The contract of Cooperation is a contract for the outcome or form of a contract of cooperation in the activities of Exploration and Exploitation that is more favorable to the State and the results are used for the greater prosperity of the people.

2. A Further Cooperation Contract Contractor is called KKKS, is the Entity ID or Entity ID that is authorized to execute the Exploration and Exploitation of a Workspace under the Cooperation Contract with the Managing Board.

3. The property that belongs to the State that is derived from the Cooperation Contract, subsequently called the State-owned Goods, is all the goods and equipment KKKS purchased and which is directly used in the Hulu Effort.

4. The Minister is the Finance Minister of the Republic of Indonesia.

5. The Director General is Director General of Wealth of State.

6. The Managing Board of the Upper Business Activities in the Field of Petroleum and Earth Gas, subsequently called the Managing Board, is the body formed to conduct control of the Upper Business Activities in the fields of Petroleum and Earth Gas.

7. The Other party is a party other than the Minister, the Department of Energy and Mineral Resources, and the Managing Board.

The Second Section

General Asas

Section 2

(1) The State Property is the Wealth of the State that is used and acquired or purchased KKKS as the implementation of a cooperation contract between KKKS with the Government of RI consisting of:

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a. Capital/capital goods include equipment, land, buildings, and supplies materials recorded in the asset logging system at KKKS;

b. Items not listed in the KKKS are waste remaining oil operations that are in responsibility and security at KKKS;

c. Goods/equipment purchased during the exploration period (direct expense).

(2) The status of the State-owned Goods use status is performed under the following terms. a. State-owned goods which are still in use in the

hosting activities of upstream oil and petroleum are yet to be established on their usage status.

b. State-owned goods which have not been used in the implementation of petroleum and petroleum upstream efforts are required to be handed over to the Government to establish their usage status.

(3)

The property belongs to the State of the land and/or the building that is not used for the hosting of the upstream efforts of oil and petroleum was handed over by KKKS through the Managing Board to the Minister through the Department of Energy and Mineral Resources.

(4) The Property of the State other than the land and/or buildings that are not used to host the activities of upstream oil and petroleum proposed by KKKS through the Managing Board to the Minister through the Department of Energy and Mineral Resources for further management done.

Article 3

(1) State-owned goods from KKKS can be sold directly without through auction by the Department of Energy and Mineral Resources to other KKKS, after receiving the Minister ' s approval.

(2) The implementation of the sale as referred to in paragraph (1) is reported by the Department of Energy and Mineral Resources to Minister for the company of the company.

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Section 4

(1) All receipts originating from the utilization and interest of the Other State-owned Goods are non-tax revenue that must be paid to the country's general cash account.

(2) The country's acceptance of non-tax states as referred to in paragraph (1) is the general acceptance of the Department of Energy and Mineral Resources.

Article 5

The State Property may only be used for upstream venture activities. oil and petroleum based on the applicable provisions.

BAB II

AUTHORITY AND MANAGEMENT RESPONSIBILITIES

Section Parts of the Authority and the Minister 's Responsibility

Section 6

(1) The Director General is the functional executor of the Minister' s authority and responsibilities in the management of the State-owned Goods.

(2) In carrying out the authority and responsibilities referred to in paragraph (1), the Director General on behalf of the Minister may appoint officials in the vertical instance of the Directorate General to exercise some of the authority and responsibilities of the General Directorate General. State owned goods management.

(3) the authority and responsibility as referred to in paragraph (1) includes: a. performing monitoring and evaluation of the report

consolidation delivered by the Department of Energy and Mineral Resources;

b. conduct a record of the consolidated report delivered by the Managing Board;

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c. provides a decision on the purpose of the State-owned Goods ' utilization/transfer of Goods and Mineral Resources as per its authority limit; and

d. exercise authority and other responsibilities in accordance with the laws.

Second Section of Authority and Responsibility

Department of Energy and Mineral Resources Article 7

(1) The Department of Energy and Mineral Resources exercises the authority and responsibility of the use of State Property.

(2) The authority and responsibility as referred to in paragraph (1) include: a. performing monitoring and evaluation of reports

consolidation delivered by the Managing Board and reported to the Minister;

b. perform a record of the consolidation reports delivered by the Managing Board;

c. submit the proposed utilization/transfer of the State Proprietary Goods of the Acting Agency; and

d. exercise authority and other responsibilities in accordance with the laws.

The Third Part of the Authority and the Responsibility of the Acting Agency

Article 8

The Managing Board execues the authority and responsibility: a. conduct the State-owned goods coaching

in the scope of the petroleum and gas upstream business activities; b. deliver the State-owned Goods consolidation report

periodically to the Minister and the Department of Energy and Mineral Resources; and

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c. exercised authority and other responsibilities in accordance with the laws.

The Fourth Section of the Authority and the Responsibility of KKKS

Article 9

(1) KKKS execues the authority and responsibilities based on: a. The rules of the laws of the law; and b. Cooperation contract.

(2) In addition to the authority and responsibility as referred to in paragraph (1), KKKS is obliged to: a. perform state-owned property records; b. retain and administer evidence

entitlements or other documents related to the State-owned Goods;

c. report on the regular State of the Goods data to the Managing Board; and

d. perform security of the State-owned Goods in its application.

BAB III

UTILIZATION

Article 10

(1) KKKS may optimize the benefit of some of the State-owned Goods in question to other parties. through the support of exploration and exploitation in the field of oil and petroleum after receiving the Minister's approval based on the proposal of the Acting Agency.

(2) Optimizing the benefits as referred to the paragraph (1) can be done as long as it does not change ownership status

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(3) The implementation of the benefits optimization as referred to in paragraph (1) is reported to the Department of Energy and Mineral Resources.

BAB IV

INTEREST

Section 11

Borrowers State-owned goods are carried out through: a. diversion of entitlement (transfer of title) to affiliates

KKKS is concerned abroad; b. exchange with similar items derived from

same manufacturer; c. buy back (buy back) by the installer/vendor/manufacturer; d. replacement parts, both small and

in whole, with the installer/vendor/manufacturer.

Article 12

The transfer of the rights as referred to in Article 11 is exercised after receiving approval:

a. The People's Representative Council, for State-owned Goods, is worth more than Rp100.000.000.00 (one hundred billion rupiah);

b. The President, for State-owned Goods which is valued above Rp10,000.000.00 (ten billion rupiah) up to Rp100.000.000.00 (one hundred billion rupiah); or

c. Minister, for State-owned Goods which is worth up to Rp10,000.000.00 (ten billion rupiah)

Article 13

(1) The implementation of the diversion of ownership as referred to in Article 11 of the letter a was performed by the Managing Board:

A. if the goods and/or equipment to be redirected, the value/value is equal

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with or greater than the acquisition price for capital asset or from average price for supply materials and must be reported to the Minister and the Department of Energy and Mineral Resources; or

b. with the Minister ' s approval through the Department of Energy and Mineral Resources if the goods and/or equipment to be transferred ownership, the value/value is smaller than the acquisition price for capital asset or from average price for inventory materials.

(2) The implementation of the exchange as referred to in Article 11 of the letter b is performed by the Managing Board:

a. if the goods and/or equipment to be exchanged, the value/value is equal to or greater than the acquisition price for capital asset or from average price for the supply material and must be reported to the Minister and The Department of Energy and Mineral Resources is accompanied by an exchange study by the Managing Board; or

b. with the Minister ' s approval through Departeman if the goods and/or equipment to be exchanged for price/value is less than the acquisition price for capital asset or from average price for inventory materials accompanied by results the exchange review by the Managing Board; or

c. if the goods and/or equipment to be exchanged is still under the warranty of the supplier/vendor/manufacturer and must be reported to the Minister and the Department of Energy and Mineral Resources.

(3) Purchasing reverse (buy back) as referred to in Section 11 letter c performed by the Managing Board:

a. if the goods and/or equipment to be bought back (buy back), the value/value is equal to or

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is greater than the acquisition price and must be reported to the Minister and the Department of Energy and Mineral Resources; or

b. with the Minister ' s approval through the Department of Energy and Mineral Resources if the goods and/or equipment to be bought back (buy back), the price/value is less than the acquisition price.

(4) The implementation of the replacement of parts as referred to in Article 11 of the letter d performed by the Managing Board and must be reported to the Minister and the Department of Energy and Mineral Resources.

BAB V

ANNIHILATION

section 14

(1) Extermination of the State-owned goods can be performed if the State's property is not usable, it cannot be be used, not transferable, or submitted to the Government.

(2) The extermination request as referred to in paragraph (1) is submitted by KKKS to the Managing Board accompanied by the required data and documents, including but not limited to an absolute, unconditional liability statement of responsibility signed by KKKS leadership.

(3) The invocation of waste extermination of the chemicals purchased and has been used for petroleum operations activities is filed with limitations for the time period and limits of certain amounts.

(4) The Managing Board conducted the research and examination of the invocation as referred to in paragraph (2) and paragraph (3).

(5) In terms of research and examination conducted, removal is feasible, the next process follows the mechanism as follows:

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a. The extermination of the State-owned Goods is chemicals and others that have been expired by the Acting Agency after receiving approval from the Minister through the Department of Energy and Mineral Resources.

b. Extermination of the waste from the chemicals purchased and has been used for the operation of petroleum operations and waste waste production of chemicals produced at the time of the process of separation crude oil and gas (a product of waste) such as mercury, saltwater, sand and Co2 are carried out by the Managing Board after it gets the Minister ' s approval and must be reported to the Department of Energy and Mineral Resources.

c. Extermination of expired explosives for petroleum operations is carried out by the Managing Board after it gets the Minister ' s approval and must be reported to the Department of Energy and Mineral Resources by attaching documents Related supporters include news of the extermination event of the Police.

BAB VI

DELETION

Section 15

The Managing Board performs the removal of the State-owned Goods if:

a. has completed the performance of the transfer;

b. has been an extermination;

c. has been handed a submission to the cq Government. Department of Energy and Mineral Resources;

d. has received the Minister ' s approval for reasons not economical/profitable if it is done with the beauty of the hand and does not allow it to be transfered due to the location of the asset in the ground and or in the sea; or

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e. have received the Minister ' s approval for reasons of cause-cause other normally thought normally to be the cause of removal among others missing, stolen, burned, susut, yawn, melting, exposed to natural disasters, expired, heavily damaged, and Affected by the kahar (force majeure).

Article 16

(1) The removal as referred to in Section 15 of the letter a is based on:

a. Agreement or deed of transfer of interest; and

b. News of the handover event.

(2) The elimination as referred to in Article 15 of the letter b is based on:

a. Event of extermination events; and

b. Statement letter from KKKS.

(3) The removal as referred to in Section 15 of the letter c is based on:

a. approval of the Department of Energy and Mineral Resources; and

b. News of the handover event.

(4) The removal as referred to in Article 15 of the letter d is based on a statement letter from KKKS.

(5) The removal as referred to in Article 15 of the letter e is based on the authority letter authorized.

BAB VII

THE SAFEGUARDING AND TARGETING OF STATE GOODS

Article 17

(1) The Managing Board, And/or Contractors are required to secure the protection of the State-owned property in its service.

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(2) The State of the State's Goods as referred to in the paragraph (1) includes administrative security, physical security and legal safeguards.

Article 18 (1) of the Department of Energy and Mineral Resources must

enrollment and logging of State-owned Goods according to the classification and efficacy of goods in the field of petroleum and gas.

(2) the Managing Board and/or Contractors conducted the registration and record of the State-owned Goods and used with guidelines on the terms of the goods group and the codefation items in the fields of oil and gas.

Article 19 (1) The Department of Energy and Mineral Resources must

do inventory of the State-owned Goods at least once in five years, which results are delivered to the Minister.

(2) The Director-General must perform an inventory of the State's property of land and/or building at least once in five years, with which the result is delivered to the Minister.

(3) Department of Energy and Mineral Resources/unit unit work/other officials in the designated structural office must draft the Proprietary Report State of the Semesmeter to be delivered to the Minister based on a State-owned Goods report compiled by the Acting Agency.

(4) The Director General must draft the Semesmeter State Goods Report of the land and/or building to be delivered to the Minister

(5) The Managing Board must draft a Semesmeter State Goods report to be delivered to the Department of Energy and Mineral Resources and Minister.

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BAB VIII SUBMISSION TO GOVERNMENT

Section 20 of State Property required submission to the Government if: a. the contract of cooperation has expired; b. already not used by KKKS, except those in

in the ground and/or in the ocean that are not in conflict with the applicable provisions.

Article 21 (1) The Surrender as referred to in Article 20

is done with the mechanism as follows. a. KKKS submitted a request to the Agency

Executing is accompanied by required data and documents;

b. The Managing Board conducts research and examination, both administrative and physical, for the Goods of State which are being honed for submission to the Government of cq. Department of Energy and Mineral Resources;

c. In terms of research and examination, KKKS has completed all obligations related to the State-owned Goods that, the Managing Board submitted the proposed surrender of the State Property to the Government of Cq. Department of Energy and Mineral Resources;

d. After the Department of Energy and Mineral Resources conducts research and examination, both administrative and physical, over the State Property which has been proposed to be submitted by the Managing Board, the Department of Energy and Mineral Resources published a and actionable receipt of the handover event between the Department of Energy and Mineral Resources with the Managing Board;

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e. Based on the news of the handover event as referred to in the letter d, the Department of Energy and Mineral Resources submitted a proposal to the Minister regarding the establishment of the status of the State-owned Goods, following the proposal of the utilization or The transfer of the service is required;

f. Against State-owned Goods as referred to in the letter e, an assessment is made to know a reasonable value according to the applicable provisions;

g. Against State-owned Goods as referred to in letter e, the KKKS performs security until it is approved by the proposal to establish the use of the State-owned Goods, utilization or transfer of its services by the Minister.

(2) Mechanism as Referred to in paragraph (1) mutatis mutandis applies to the submission of the State Property to the Government initiated by the Minister, the Department of Energy and Mineral Resources, or the Managing Board.

BAB IX

OTHER provisions

Section 22

Further provisions regarding the materials and formats of:

A. A statement letter as referred to in Article 13 of the paragraph (2) and Article 16 of the paragraph (2);

b. News of the handover event as referred to in Article 16 of the paragraph (1) and paragraph (3); and

c. News of the extermination event as referred to in Article 16 of the paragraph (2),

is set by the Managing Board, after coordinating with the Minister and the Department of Energy and Mineral Resources.

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Article 23

The tax burden related to the Customs contained in State Property follows the provisions of the laws in taxation and the siege.

BAB X

TRANSITION provisions

section 24

(1) implementation of utilization, transfer, and removal of State Property which has obtained prior approval before the Regulation of the Minister of Finance is specified, the completion process remains in reference to the provisions of the Agreement.

(2) Implementation of the utilization, transfer of the right, and the use of the IBM Cloud Service, and the deletion of State Property which has not obtained prior approval before the Financial Minister's Regulation is set, its completion is made by guidelines on the provisions set forth in the Regulation of this Finance Minister.

BAB XI

CLOSING provisions

Section 25

Use, utilization, interest, and removal of State-owned Goods not regulated in this Finance Minister Regulation are exercised under the provisions of the laws of the Union configure the State Property management.

Article 26

Regulation The Minister of Finance began to take effect on the date of the promulgations.

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

Specified in Jakarta on 24 August 2009 MINISTER FINANCE REPUBLIC OF INDONESIA, SRI MULYANI INDRAWATI

promulred in Jakarta on 24 August 2009 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA