Regulation Of The Minister Of Finance Number 98/fmd. 02/2009 Year 2009

Original Language Title: Peraturan Menteri Keuangan Nomor 98/PMK.02/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c517023d1f0c013313233353338.html

BN 107-2009 .doc REPUBLIC INDONESIA No. 107, 2009 MINISTRY of FINANCE. The Ordinance. Common Services Pas. Funds. Accountability. REGULATION of the MINISTER of FINANCE DONESIA number: 98/FMD. 02/2009 ABOUT the ORDINANCE provision, liquefaction, and ACCOUNTABILITY of the FUND'S HOLDING of POSTAL PUBLIC SERVICE OBLIGATION with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that the obligations in the framework of the Organization of the public service (public service obligation) set by the Government, against the public service posts had been budgeted subsidies/aid in the budget of the State Expenditures and Revenues; b. use of funds in order that the Organization of the public service obligations, viewed the need to establish an Ordinance provision, liquefaction, and accountability of funds stipulated in a regulation of the Minister of finance; c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of Finance Ordinance provision, Disbursement and accountability of the Fund's holding of Postal public service Obligations;

2009, no. 107 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. 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 4287); 3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia number 5, an additional Sheet of the Republic of Indonesia Number 4355); 4. Act No. 41 of 2008 about the budget of the State Expenditures and revenues of the fiscal year 2009 (State Gazette of the Republic of Indonesia Number 171 in 2008, an additional Sheet of the Republic of Indonesia Number 4920); 5. Government Regulation Number 21 in 2004 about the preparation of the work plan and budget Ministries/institutions (State Gazette of the Republic of Indonesia Number 75 in 2004, an additional Sheet of the Republic of Indonesia Number 4406); 6. Government Regulation No. 8 of 2006 about financial reporting and performance of government agencies (State Gazette of the Republic of Indonesia number 25 in 2006, an additional Sheet of the Republic of Indonesia Number 4614); 7. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 73 in 2002, an additional Sheet of the Republic of Indonesia Number 4214) as amended by Presidential Decree Number 72 in 2004 (State Gazette of the Republic of Indonesia Number 92 in 2004, an additional Sheet of the Republic of Indonesia Number 2666.80);

2009, no. 107 3 8. Presidential Decree Number 20/P in 2005; 9. Presidential regulation Number 72 in 2008 about the details of the budget of the Central Government fiscal year 2009; 10. Regulation of the Minister of finance number 08/02/2005 FMD. about the management of Budgetary financing and Calculation Section; 11. Regulation of the Minister of finance Number 134/FMD. 06/2005 regarding the implementation of payments in the budget guidelines of the income and Expenditures of the State; 12. Regulation of the Minister of finance Number 171/FMD. 05/2007 on the system of accounting and financial reporting to the Central Government; 13. the regulation of the Minister of finance Number 105/FMD. 02/2008 about Drafting Instructions and review the work plan and budget Ministries/agencies and Drafting, Review, endorsement and implementation of the Checklist of implementation of the budget of fiscal year 2009; 14. Regulation of the Minister of finance Number 196/FMD. 05/2008 about the procedures for the preparation and presentation of financial statements Expenditure subsidies and other Spending on the part of the budget Financing and calculation; Decide: Define: REGULATION Of The MINISTER Of FINANCE ORDINANCE Provision, Liquefaction, And The LIABILITY Of The FUND HOLDING Of The OBLIGATION Of PUBLIC SERVICE POSTS. Article 1 obligation of a General Service post is the postal civil service obligations as set forth by the Ministry of communications and Informatics in accordance with the provisions of laws-invitation, which the operations assigned to PT Pos Indonesia (Persero) as the implementing obligations of public services (Public Service Obligation/PSO).

2009, no. 107 of 4 Article 2 (1) the provision of funds to Public Service Obligation of organizing Posts set out in the income and Expenditure Budget of the State (NATIONAL BUDGET) in the fiscal year concerned and notified by the Director General of the Budget to the Director-General of posts and telecommunications, Ministry of communications and informatics as a power user budget (KPA). (2) on the basis of a notice referred to in subsection (1), the Director General of post and telecommunications, Ministry of communications and Informatics request issuance of a unit Budget Per Unit of work (SAPSK) to the Director General by attaching Budget work plan budget (RKA) for the activity in question. (3) publishing on demand SAPSK as referred to in paragraph (2), the Director General of the budget publishes a letter Assignment Unit of the budget Per Unit of work (SP-SAPSK) a maximum of launched the Fund set out in the NATIONAL BUDGET. (4) based on the SP-SAPSK as referred to in paragraph (3), the Director General of post and telecommunications, Ministry of communications and Informatics signed and published a list of Field implementation of budget (DIPA) to be communicated to the Director-General of the Treasury in order to get an endorsement. (5) TH as referred to in paragraph (4) applies as the basis of the payment obligations of the Organization of the civil service post. Article 3 (1) the Director General of post and telecommunications, Ministry of communications and informatics makes Agreement with PT Pos Indonesia (Persero) based on TH as referred to in article 2 paragraph (4).

2009, no. 107 5 (2) the Agreement referred to in subsection (1) is signed by the Director-General of posts and telecommunications Ministry of communications and Informatics and the main Director or Board of Directors of PT Pos Indonesia (Persero) appointed. (3) the Agreement referred to in subsection (2), containing at least: a. the parties to the Treaty; b. principal jobs are exchanged with a clear description; c. rights and obligations of the parties involved in the agreement; d. the value of contract work, as well as the terms of payment; e. the requirements and technical specifications are clear and detailed; f. the place and the period of execution of the agreement; g. provisions regarding injury to the appointments and sanctions in the event that the parties do not meet their obligations; and h. the settlement of disputes. Article 4 (1) the Director General of post and telecommunications, Ministry of communications and informatics as a power user of the budget published a decree appointing officials designated as: a. the Officer authorized to perform the action that resulted in the spending of budget/activities/maker responsible commitment that henceforth Officials Commitment Maker (PPK); b. the Officials authorized to examine bills and signed the Warrant pay (SPM) hereinafter called the Publisher's Official SPM; and 2009, no. 107 (2) copies of the decision letter of appointment referred to in subsection (1) is submitted to the Director General of the Treasury in particular the Director of the management of the State Treasury. Article 5 (1) Request disbursement of Public Service Obligations in a post submitted by the Director-General of posts and telecommunications, Ministry of communications and Informatics after verification against the holding of the General Service post of Duty. (2) in the implementation of the verification referred to in paragraph (1) the Director General of post and telecommunications, Ministry of communications and informatics can form verification team. (3) the results of the Verification as referred to in paragraph (1) was carried out on the basis of Standard Operating Procedure (SOP) implementation of the Public Service obligations of conducting verification post that organized and established by the Director-General of posts and telecommunications, Ministry of communications and informatics. (4) the SOP as referred to in paragraph (3) contains at least: a. General provisions; b. the object to be verified; and c. a verification implementation procedures. (5) the results of the verification against the holding of the General Service post of Duty referred to in paragraph (3) is next poured in News Events Verification signed by power user Budget/Responsible activities as verifikator and PT Pos Indonesia (Persero) as the party which is verified. (6) the News Event Verification as referred to in subsection (5) is one of the requirements of the disbursement of Public Service Obligation of organizing mail.


2009, no. 107 (7) News Events Verification as referred to in paragraph (6) only are administrative and not exempting PT Pos Indonesia (Persero) to audited by authorized agencies in accordance with legislation. Article 6 (1) based on the Bill of PT Pos Indonesia (Persero) and pay attention to TH as referred to in article 2 paragraph (4), the designated Officer as referred to in article 4 paragraph (1) letter b published a SPM and submit it to the Director General of the Treasury in particular the Director of the management of the State Treasury with the enclosed documents: a. work agreement (submitted once on initial request); b. news event verification; c. receipt of payment; and d. affidavit of his finished work up to the end of the fiscal year (in December of the year concerned). (2) according to the SPM as referred to in paragraph (1), in particular the Treasury Director-General Director of management of the State Treasury issued the warrant of Disbursements (SP2D) to the fortunes of PT Pos Indonesia account (Persero) at designated banks. (3) the procedures for the issuance of the SP2D referred to in paragraph (2) is conducted in accordance with the legislation. Article 7 (1) the Director or the Board of Directors of PT Pos Indonesia (Persero) appointed, delivered a report on accountability for the use of funds of the Organization of the public service Obligations of the post to the Director-General of posts and telecommunications, Ministry of communications and informatics as a power user of the budget.

2009, no. 107 8 (2) on the basis of the report referred to in subsection (1) the Director General of post and telecommunications, Ministry of communications and Informatics report accountability for the use of the funds to the Minister of finance in particular the Director General Budget in accordance with the legislation. Article 8 (1) the Director General of post and telecommunications, Ministry of communications and informatics as a power user of budget accounting and organizing financial reports corresponding legislation. (2) PT Pos Indonesia (Persero) is fully responsible for the implementation and use of the Fund holding of the obligation of public service Posts. (3) the power of the budget Users are responsible for organizing the obligation of public service posts, including the channeling of funds from the State Treasury to PT Pos Indonesia (Persero). (4) against the use of the funds referred to in subsection (2), carried out an audit by authorized agencies in accordance with legislation. (5) if the audit results conducted by authorized institutions as referred to in paragraph (4), stating the amount of funds the Organization of Postal public service Obligations incurred by PT Pos Indonesia (Persero) is smaller than the amount paid the Government on 1 (one) year budget, overpayment of funds intended to be deposited by the President Director of PT Pos Indonesia (Persero) to the State Treasury as an acceptance of the country instead of taxes. (6) if the results of the audit conducted by authorized institutions as referred to in paragraph (4), stating the amount of funds the Organization of Postal public service Obligations incurred by PT Pos Indonesia (Persero) is greater than the amount paid the Government on 1 2009, no. 107 9 (one) year budget, lack of payment of the funds in question cannot be billed to the State. Article 9 (1) of the Public Service Obligation of organizing Funds post that has yet to be paid up to the end of the year, was placed on the reserve account of the subsidies/PSO on behalf of the Minister of finance in accordance with the laws-invitation. (2) the procedures for disbursement of funds on account of the subsidies/PSO Reserves as referred to in paragraph (1) was carried out in accordance with the legislation. Article 10 the provisions required in order to exercise of the regulation of the Minister of finance is governed more by the Director General budget and/or the Director General of the Treasury according those powers. Article 11 of the regulation the Minister of finance applies throughout the Organization of the Public Service Obligation funding Post still budgeted in the STATE BUDGET. Article 12 by the time this Minister of finance Regulations came into force, the regulation of the Minister of finance Number 121/FMD. 02/2008 about the Ordinance provision, liquefaction, and accountability of the Fund's holding of the post of civil service Duty, revoked and declared inapplicable. Article 13 Implementation Ordinance provision, disbursement and accountability of the Fund's holding of Postal public service Obligations as set forth in the regulation of the Minister of Finance began in force since January 1, 2009.

2009, no. 107 10 Article 14 of the regulation of the Minister of Finance began in force on the date of promulgation. In order to make everyone aware of it, 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 May 15, 2009 INDONESIAN FINANCE MINISTER SRI MULYANI INDRAWATI, Enacted in Jakarta on May 15, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA