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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51405aab609c36313233343138.html

BN 270-2009 REPUBLIC of INDONESIA No. 270, 2009 MINISTRY of FINANCE. STATE BUDGET. Management Of Goods. Contractor/Partnership. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 135/FMD. 06/2009 CONCERNING the MANAGEMENT of STATE-OWNED GOODS that COME FROM CONTRACTOR the CONTRACT of COOPERATION with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to manifest accountability for the management of State-owned Goods, required the existence of an orderly administration and better management against State-owned Goods that come from contractor the contract of cooperation while upholding good governance; b. that the regulation of the Minister of finance Number 96/FMD. 06/2007 on The implementation of the usage, Utilization, removal, and the signing of the State-owned Goods Movers, not specifically regulate the management of State-owned Goods that come from contractor the contract of cooperation; c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of Finance on managing state-owned Goods that come from Contractor the contract of cooperation;

2009, no. 270 2 Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286); 2. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355); 3. Government Regulation Number 35 of 2004 concerning the business activities of the upstream oil and Gas (State Gazette of the Republic of Indonesia Number 123 in 2004, an additional Sheet of the Republic of Indonesia Number 4435) as amended by the Government Regulation Number 34 in 2005 (State Gazette of the Republic of Indonesia Number 81 in 2005, an additional Sheet of the Republic of Indonesia Number 4510); 4. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by the Government Regulation Number 38 in 2008 (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855); 5. Presidential Decree Number 20/P in 2005; Decide: Define: REGULATION Of The MINISTER Of FINANCE On MANAGING STATE-OWNED GOODS That COME FROM CONTRACTOR The CONTRACT Of COOPERATION. CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of finance it is 2009, no. 270 3 with: 1. The same employment contract is a contract for the results or other employment contract another in exploration and exploitation activities more profitable State and results are used to sebesar-besar the people's prosperity. 2. The contractor Contract Cooperation hereinafter the KKKS, is a business entity or form of business entity Remains authorized to carry out exploration and Exploitation in the area Work based on a contract of cooperation with the Implementing Agencies. 3. Goods that belong to the country's Wealth/derived from the contract of cooperation, hereinafter referred to as the State-owned Goods, are all the goods and equipment purchased KKKS and directly used in business activities upstream. 4. the Minister is the Minister of Finance of the Republic of Indonesia. 5. The Director-General is the Director General of the country's Wealth. 6. The implementing body of the upstream business activities in the field of oil and Gas, hereinafter referred to as the implementing Agency, the body is designed to do control the upstream business activities in the field of oil and Gas. 7. The other party is a party other than the Minister, Ministry of energy and Mineral resources, and the implementing Agency. The second part of the general principle of article 2 (1) of the goods belonging to the State of the country's Wealth is being used and acquired or purchased KKKS as implementation of the contract of cooperation between the Government of Indonesia with the KKKS consists of: 2009, no. 270 4 a. capital goods/capital in the form of land, buildings, equipment, materials and supplies of recorded in the recording system assets KKKS; b. items are not recorded in the form of residual waste KKKS petroleum operations that exist in the responsibilities and safeguards on the KKKS; c. goods/equipment purchased during the exploration (direct expense). (2) the determination of the status of the use of the State-owned Goods is done with the following conditions. a. State-owned Goods that are still used in conducting business activities upstream oil and natural gas has not been assigned the status of its use. b. State-owned Goods that have not been used in conducting business activities upstream oil and gas the obligatory submitted to the Government to set out the status of their use. (3) State-owned Goods is land and/or buildings that are not used to conducting business activities upstream oil and gas turned over by the Implementing Agencies through the KKKS to the Minister through the Department of energy and Mineral resources. (4) Goods other than State-owned land and/or buildings that are not used to conducting business activities upstream oil and gas proposed by the Implementing Agencies through the KKKS to the Minister through the Department of energy and Mineral resources to do more investment money. Article 3 (1) of the goods that come from State-owned KKKS can be sold directly without going through an auction by the Ministry of energy and Mineral resources to other KKKS, after obtaining the approval of the Minister. (2) the execution of the sale referred to in subsection (1) is reported by the Ministry of energy and Mineral Resources Minister for administering.

2009, no. 270 5 article 4 (1) All receipts originating from pemindahtanganan and utilization of State-owned Goods to any other country not constitutes acceptance of the tax must be deposited into the account of the General Treasury of the State. (2) acceptance of the country instead of the tax referred to in subsection (1) constitutes acceptance of the public on the Ministry of energy and Mineral resources. Article 5 State-owned Goods can only be used for conducting business activities upstream oil and gas based on conditions. CHAPTER II the AUTHORITY and RESPONSIBILITY of the MANAGEMENT of the Section Considered the authority and responsibility of the Minister of article 6 (1), the Director General is the implementing authority and responsibility over functional Minister in the management of State-owned Goods. (2) in exercising the powers and duties referred to in subsection (1), the Director-General on behalf of the Minister may appoint officers at Directorate General vertical agencies to carry out the most authority and responsibility of the management of State-owned Goods. (3) the authority and the responsibility referred to in subsection (1) include the following: a. perform monitoring and evaluation over the consolidated report submitted by the Ministry of energy and Mineral resources; b. do the recording over the consolidation report delivered by the implementing Bodies;

2009, no. 270 6 c. give a decision on the proposal utilization/pemindahtanganan State-owned Goods proposed Department of energy and Mineral resources according its limits; and d. carry out the powers and responsibilities of other appropriate legislation. The second part of the authority and the responsibility of the Ministry of energy and Mineral resources, article 7 (1) of the Ministry of energy and Mineral resources, run the authority and responsibility for the use of State-owned Goods. (2) the authority and the responsibility referred to in subsection (1) include the following: a. perform monitoring and evaluation over the consolidated report submitted by the Implementing Agencies and reported to the Minister; b. do the recording over the consolidation report delivered by the implementing Bodies; c. submits the proposal utilization/pemindahtanganan State-owned Goods proposed Implementing Bodies; and d. carry out the powers and responsibilities of other appropriate legislation. The third part the authority and responsibilities of the implementing Bodies Implementing article 8 of the Agency running the authority and responsibilities: a. do the construction the use of State-owned Items in the scope of the business activities of the upstream oil and gas; b. submit a report consolidating State-owned Items periodically to the Minister and the Department of energy and Mineral resources; and 2009, no. 270 7th c. implement the authority and responsibilities of other appropriate legislation. The fourth part the authority and responsibility of the KKKS article 9 (1) KKKS run authority and responsibility based on: a. the provisions of laws and regulations; and b. the contract of cooperation. (2) in addition to the powers and duties referred to in subsection (1), KKKS is obliged to: a. conduct the record-keeping of the goods belonging to the State; b. Save and mengadministrasikan evidence of ownership or other document related to Goods belonging to the State; c. State-owned Goods data reported regularly to the implementing Agency; and d. performing security over State-owned Goods that are in control. CHAPTER III UTILIZATION of article 10 (1) KKKS can do the optimization of benefits over some State-owned goods, pertinent to the other parties all support the activities in the field of exploration and exploitation of oil and gas after the approval of the Minister on the basis of a proposal from the implementing Agency. (2) the optimization of benefits referred to in subsection (1) may be made along the status does not change the ownership.


2009, no. 270 8 (3) implementation of the optimization of benefits as referred to in paragraph (1) were reported to the Ministry of energy and Mineral resources. CHAPTER IV PEMINDAHTANGANAN Pemindahtanganan article 11 State-owned Goods carried through: a. the transfer of ownership (transfer of title) to the corresponding KKKS affiliates abroad; b. exchanges with similar goods originating from the same manufacturer; c. buy (buy back) by the supplier/vendor/manufacturer; d. replacement parts, either in part or in whole, with small suppliers/vendors/manufacturers. Article 12 Pemindahtanganan referred to in article 11 is carried out after approval: a. Representatives, to state-owned Goods worth more than Rp RP 100,000,000,000 (one hundred billion rupiah); b. the President, to state-owned Goods valued over Rp RP 10.000.000.000 (ten billion rupiah) to Rp RP 100,000,000,000 (one hundred billion rupiah); or c. the Minister, for the State-owned Goods worth up to Rp 2,000 10.000.000.000 (ten billion rupiah) Article 13 (1) implementation of transfer of ownership referred to in article 11 letter a is done by Executing: a. If the goods and/or equipment to be transferred to his ownership, price/value is the same 2009, no. 270 9 with or greater than the price gains for capital asset or of average price for the supplies and materials should be reported to the Minister and the Department of energy and Mineral resources; or b. with the consent of the Minister through the Department of energy and Mineral resources in the goods and/or equipment be transferred ownership, price/value is smaller than the price gains for capital asset or of average price for the material stockpile. (2) the implementation of Exchange referred to in article 11 letter b done by Implementing Agency: a. If the goods and/or equipment that will be exchanged, price/value is equal to or greater than the price gains for capital asset or of average price for the supplies and materials should be reported to the Minister and the Department of energy and Mineral resources accompanied by the results of the study of the Exchange by the Executor; or b. with the consent of the Minister through the Department if the goods and/or equipment will be replaced with the price/value is smaller than the price gains for capital asset or of average price for the material stockpile accompanied the results of studies on the Exchange by Implementing Agencies; or c. If goods and/or equipment will be exchanged under warranty still suppliers/vendors/manufacturers and should be reported to the Minister and the Department of energy and Mineral resources. (3) execution of the buy back (buy back) as stipulated in article 11 of the letter c is performed by Implementing Agency: a. If the goods and/or equipment will be bought back (buy back), price/value is equal to or 2009, no. 270 10 greater than the price gains and should be reported to the Minister and the Department of energy and Mineral resources; or b. with the consent of the Minister through the Department of energy and Mineral resources in the goods and/or equipment that will be purchased (buy back), price/value is less than the price of the acquisition. (4) the implementation of replacement parts as mentioned in article 11 d of the implementing Bodies carried out by and should be reported to the Minister and the Department of energy and Mineral resources. Chapter V the DESTRUCTION of articles 14 (1) the destruction of the State-owned Goods can be carried out in the State-owned Goods cannot be used, cannot be utilised, non-transferable, or turned over to the Government. (2) the petition for destruction as referred to in paragraph (1) proposed by the implementing Bodies to the KKKS accompanied by data and related documents required, including but not limited to, an affidavit of sole responsibility of the absolute is unconditional, signed by Chairman KKKS. (3) a petition for the destruction of waste from the purchased chemicals and has been used for petroleum operations filed with the limitation for a period of time and a certain amount of restrictions. (4) the Implementing Agencies conduct research and examination upon application as referred to in paragraph (2) and paragraph (3). (5) in the case based on research and inspection is done, removal of worth doing, the next process traverse mechanism as follows: 2009, no. 270 11 a. Destruction of goods in the form of State-owned and other chemicals that have expired are done by Implementing Bodies having obtained approval from the Minister through the Department of energy and Mineral resources. b. destruction of chemical waste from the top is purchased and has been used for petroleum operations and activities waste production in the form of residual chemicals that are generated at the time of separation process crude oil and gas (either a follow-up product waste) such as mercury, salt water, sand and the implementing Bodies carried out by Co2 after obtaining the approval of the Minister and shall be reported to the Ministry of energy and Mineral resources. c. Destruction over the explosives that have expired to petroleum operations carried out by the implementing Body after the approval of the Minister and shall be reported to the Ministry of energy and Mineral resources with attach supporting documents including related news event of the destruction of the police force. CHAPTER VI Implementing Agency 15 Article DELETION do the removal of State-owned Goods if: a. has been the completion of the implementation of pemindahtanganan; b. has the onset of destruction; c. a submission has been made to the Government cq. The Department of energy and Mineral resources; d. has got the approval of the Minister for reasons not economical/profitable when done signing of the mover and not allowing transferable because the location of assets in land and or in the sea; or 2009, no. 270 12 e. has got the approval of the Minister for the reasons other reasons normally reasonable estimated to cause the removal of, among others, lost, stolen, burned, shrink, evaporate, melt, exposed to natural disasters, expired, damaged, and affected by the occurrence of circumstances kahar (force majeure). Article 16 (1) the deletion referred to in Article 3 a is based on: a. the agreement or deed of pemindahtanganan; and b. the handover event News. (2) the deletion referred to in Article 15 and the letter b is based on: a. the news events of destruction; and b. a waiver from the KKKS. (3) the deletion as stipulated in article 15 of the letter c is based on: a. approval of the Ministry of energy and Mineral resources; and b. the handover event News. (4) the deletion referred to in Article 15 d is based on an affidavit from KKKS. (5) the deletion referred to in Article 15 the letter e is based on the authorized agency certificate. CHAPTER VII SAFEGUARDS and the ADMINISTERING STATE-OWNED GOODS, article 17 (1) of the implementing Agency, and/or the contractor is obligated to perform safeguards State-owned Goods that are in control.

2009, no. 270 (2) Safeguards State-owned Goods referred to in subsection (1) include administrative safeguards, physical security and legal safeguards. Article 18 (1) the Ministry of energy and Mineral resources must do the registration and record-keeping, according to the State-owned Goods classification and kodefikasi the goods in the field of oil and gas. (2) the Implementing Agencies and/or Contractors do the registration and record-keeping of the goods belonging to the State-controlled and used with based on the provisions of the classification of goods and kodefikasi goods in the field of oil and gas. Article 19 (1) of the Ministry of energy and Mineral resources should do an inventory of State-owned Goods at least once in five years, the results of which were presented to the Minister. (2) the Director-General should undertake an inventory of State-owned Goods is land and/or buildings at least once in five years, the results of which were presented to the Minister. (3) Ministry of energy and Mineral resources/units of work units/other officials in the Office of the designated structural must draw up a report for the Semiannual State-owned Goods delivered to the Minister of State-owned Goods based on the report drafted the implementing Agency. (4) the Director-General should be compiling reports state-owned Goods Semiannual is land and/or buildings to be delivered to the Minister (5) the Implementing Agencies must draw up a report for the Semiannual State-owned Goods is submitted to the Ministry of energy and Mineral Resources Minister.


2009, no. 270 14 CHAPTER VIII SUBMISSION to the GOVERNMENT State-owned Goods article 20 required submission to the Government if: a. the same employment contract has been terminated; b. has not been used by the KKKS, except those in the ground and/or in the Lake that are not contrary to the applicable provisions. Article 21 (1) a submission referred to in article 20 is done with the following mechanisms. a. KKKS apply to Implementing Bodies accompanied by data and related documents required; b. Implementing Agencies conduct research and examination, both administrative as well as physical, over State-owned Goods petitioned for delivery to the Government cq. The Department of energy and Mineral resources; c. in the event based on research and inspection, KKKS has completed all its obligations related to the Possession of the country, Implementing Agency delivered a proposal for a State-owned delivery to the Government cq. The Department of energy and Mineral resources; d. After the Department of energy and Mineral resources, conduct research and examination, both administrative as well as physical, over State-owned Goods that have been proposed for submission by the implementing Agency, the Ministry of Energy and Mineral resources, published the agreement of acceptance of the surrender of Possession of State and followed up with a news event of the handover between the Ministry of energy and Mineral resources by Implementing Agencies;

2009, no. 270 15 e. based on news events the handover as stated on the letter d, the Ministry of energy and Mineral resources proposed to the Minister regarding the determination of the status of the use of the State-owned Goods, following the proposal of utilization or pemindahtanganannya if needed; f. Against State-owned Goods as stated on the letter e, conducted an assessment in order to know the value of appropriate reasonable conditions; g. Against State-owned Goods as stated on the letter e, KKKS do safeguards until approval of the proposed assignment status the use of State-owned Goods, utilization or pemindahtanganannya by the Minister. (2) the mechanism referred to in paragraph (1) mutatis mutandis apply to the surrender of the goods to the State-owned Government initiated by the Minister, the Ministry of energy and Mineral resources, or Implementing Agency. CHAPTER IX miscellaneous PROVISIONS Article 22 further Provisions regarding the content and format of: a. a waiver as referred to in article 13 paragraph (2) and article 16 paragraph (2); b. News event of the handover as stipulated in article 16 paragraph (1) and paragraph (3); and c. the news events of destruction as referred to in article 16 paragraph (2), set by the implementing Agency, after coordinating with the Minister and the Department of energy and Mineral resources.

2009, no. 270 16 Article 23 tax burden related import duties of goods contained in the State following the provisions of the legislation in the field of taxation and kepabenan. CHAPTER X PROVISIONS of TRANSITIONAL Article 24 (1) implementation of utilization, pemindahtanganan, and removal of goods belonging to the State which has gained Regulatory approval before the Finance Ministers was set, the process of permanent settlement refers to the previous conditions. (2) implementation of utilization, pemindahtanganan, and removal of goods belonging to a country that has yet to get approval before the regulation of the Minister of finance is assigned, the settlement is done with based on the provisions set forth in the regulation of the Minister of finance. CHAPTER XI CLOSING PROVISIONS Article 25 usage, utilization, pemindahtanganan, and removal of goods belonging to a country that is not regulated in the regulation of the Minister of finance is conducted in accordance with the legislation governing the management of State-owned Goods. Article 26 this regulation of the Finance Minister will take effect on the date of promulgation.

2009, no. 270 17 so that everyone knows that ordered the enactment of these Regulations the Minister of finance with its placement in the news of the Republic of Indonesia. Established in Jakarta on August 24, 2009 the MINISTER of FINANCE of the REPUBLIC of INDONESIA, SRI MULYANI INDRAWATI Enacted in Jakarta on August 24, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA