Regulation Of The Minister Of Finance Number 79/fmd. 010/2009 Year 2009

Original Language Title: Peraturan Menteri Keuangan Nomor 79/PMK.010/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c516a61e940b9cc313233353238.html

BN 072-2009 .doc REPUBLIC INDONESIA No. 72, 2009 MINISTRY of FINANCE. Administrative Sanctions. The Ordinance. The company. Insurance. Repeal. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 79/FMD. 010/2009 on ADMINISTRATIVE FINES and PENALTIES ORDINANCE CHARGE AGAINST insurance companies, REINSURANCE COMPANIES, INSURANCE COMPANIES or OTHER UNDERTAKINGS with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the execution order in payment of the fine which had been imposed on the insurance companies, Reinsurance Companies, Insurance Companies or Other Businesses that are late or not delivered the annual report independent auditor's report, financial statements, annual and/or annual operational report, then the need to refine the provisions regarding the imposition of administrative sanctions Ordinance fines as set forth in the decision of the Minister of finance Number 422/KMK. 06/2003; b. that based on considerations as referred to in letter a, the need to establish Rules about the Minister of Finance Administrative Fines and Penalties Ordinance Charge Against 2009, no. 72 2 Insurance Company, Reinsurance, or Insurance Business Supporting Companies; Remember: 1. Act No. 49 Prp. The 1960 State of Affairs Committee of accounts receivable (Gazette of the Republic of Indonesia Number 156 in 1960, an additional Sheet of the Republic of Indonesia Number 2063); 2. Law No. 2 of 1992 about Venture Perasuransian (State Gazette of the Republic of Indonesia No. 13 of 1992, an additional Sheet of the Republic of Indonesia Number 3467); 3. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet of the Republic of Indonesia Number 14); 4. Government Regulation Number 73 Year 1992 about Conducting Business Perasuransian (Gazette of the Republic of Indonesia Number 120 in 1992, an additional Sheet of the Republic of Indonesia Number 3506) as it has several times changed with the Government Regulation Number 81 in 2008 (State Gazette of the Republic of Indonesia Number 212 in 2008, an additional Sheet of the Republic of Indonesia Number 4954); 5. Government Regulation number 22 of 1997 and about the types of Deposit Receipts State instead of taxes (State Gazette of the Republic of Indonesia Number 57 in 1997, an additional Sheet of the Republic of Indonesia Number 1413); 6. Presidential regulation Number 89 in 2006 about the organizing Affairs of the Receivables of the State; 7. Presidential Decree Number 20/P in 2005; 8. The decision of the Minister of finance Number 422/KMK. 06/2003 about the conduct of the Business of insurance companies and Reinsurance Companies; 9. The decision of the Minister of finance Number 424/KMK. 06/2003 about the financial health of insurance companies and Reinsurance Companies as it has several times changed with the regulation of the Minister of finance 2009, no. 72 3 Number 158/FMD. 010/2008; 10. The decision of the Minister of finance Number 425/KMK. 06/2003 about the licensing and conduct of the business activities of the Companies Supporting the Insurance Business; 11. Regulation of the Minister of finance Number 122/FMD. 06/2007 about the Membership and the work of the Committee for the Affairs of the State Receivables; 12. Regulation of the Minister of finance Number 128/KMK. 06/2007 about the management of accounts receivable of State; Decide: Define: REGULATION Of The MINISTER Of FINANCE Of ADMINISTRATIVE FINES And PENALTIES ORDINANCE CHARGE AGAINST Insurance Companies, REINSURANCE COMPANIES, INSURANCE COMPANIES Or OTHER UNDERTAKINGS. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Finance Minister is: 1. The fine is a sum of money that must be paid to the State as a sanction over violation of Act No. 2 of 1992 about the efforts of Perasuransian and/or rules of its implementation. 2. Interest is an amount of money that arise as a result of not fulfillment of the obligation of payment of the fine within the time period specified. 3. the company is the insurance companies, Reinsurance Companies, Insurance Firms or Ancillary Undertakings referred to in the Government Regulation Number 73 in 1992 as last amended several times with the Government Regulation Number 81 in 2008, which is obligated to deliver annual report independent auditor's report, financial statements, annual and/or annual operational report.

2009, no. 72 4 4. The report is an annual report independent auditor's report, financial statements, annual and/or annual operational report that must be submitted by the company to the Minister of finance in accordance of legislation in the field of perasuransian. 5. Accounts receivable State is the amount of money that must be paid to the countries or agencies that are directly or indirectly controlled by the State, based on a treaty, the regulations, or any cause. 6. the Minister is the Minister of Finance of the Republic of Indonesia. CHAPTER II ADMINISTRATIVE PENALTIES IMPOSITION of FINES article 2 (1) the company is obligated to submit a report to the Minister (2) companies that are late or did not submit a report as referred to in paragraph (1), administrative sanctions imposed fines as set forth in article 38 paragraph (1) and paragraph (2) the Government Regulation Number 73 Year 1992 about the conduct of the Undertakings Perasuransian as last amended several times with the Government Regulation Number 81 in 2008. (3) the deadline for the submission of the report referred to in subsection (1) is 30 April at 17:00 GMT. (4) in the event of 30 April is a holiday, then the deadline for the submission of the report was the first working day after the date of 30 April at 17:00 GMT. Article 3 the calculation of the amount of administrative fines initiated sanctions since the first days after the deadline for the submission of the report period as referred to in article 2 2009, no. 72 5 paragraph (3) or subsection (4), until the date of receipt of the report by the Bureau of the capital market Supervisory Agency Perasuransian and financial institutions. Article 4 the imposition of administrative sanctions and Mailings fines stipulated by the Chairman of the Board of Trustees of the capital market and financial institutions on behalf of the Minister after: a. the report referred to in article 2 paragraph (1) is received by the Bureau of the capital market Supervisory Agency Perasuransian and financial institutions; or b. the amount of the fines has reached the maximum value as stipulated in article 38 paragraph (2) the Government Regulation Number 73 in 1992 as last amended several times with the Government Regulation Number 81 in 2008. Article 5 (1) the Company revoked its business permit and have an obligation to pay a fine for the delay in the submission of the report or not report, remain obligated to pay a fine as stipulated in article 2 paragraph (2). (2) for the company who revoked her business permit and did not submit a report as referred to in paragraph (1), counting the number of days of delay is counted after the deadline for the submission of the report of the obligations up to 1 (one) day before the date of the revocation effort. CHAPTER III PROCEDURES for BILLING and PAYMENT of a FINE of article 6 (1) of the administrative Sanctions mandatory fines payable to the State Treasury by using the form Mail Deposits rather than tax (SSBP) with code Eyes Budget receipts (folders) as mentioned in the letter of designation sanksinya.

2009, no. 72 6 (2) a copy of the SSBP is proof of payment of fines administrative sanctions referred to in paragraph (1) is submitted to the Secretary of the capital market Supervisory Agency and the financial institutions in particular the head of the Department of finance with copy to the head of the capital market Supervisory Agency Perasuransian and the financial institution most 7 (seven) days from the date of payment of the fine in question. Article 7 (1) the payment of administrative fines sanctions do most longer than 30 (thirty) days since the imposition of administrative sanctions and mailings fines set. (2) if the administrative sanctions fines have not been repaid within the time period as set out in subsection (1), the Chairman of capital market Supervisory Agency and financial institution establishes the first reprimand letter to the company to immediately pay off the fines administrative sanctions along with the interest of 2% (two perseratus) per month 14 (fourteen) days since the establishment of the first letter of reprimand. (3) if within the period referred to in the letter of reprimand, the first administrative sanctions fines with interest as referred to in paragraph (3) is not repaid, the Chairman of capital market Supervisory Agency and financial institution establishes the second reprimand letter with a repayment period of 14 (fourteen) days since the establishment of the second letter of reprimand. (4) if the period referred to in the letter of reprimand both administrative fines, penalties and their interest rates are not repaid, then the administrative sanctions fines along with the flowers are categorized as debt standstill. (5) the accounts receivable to a standstill as referred to in paragraph (4), assigned by dealing the capital market Supervisory Agency and financial institution to the Committee for the Affairs of the Directorate General of State accounts receivable/Wealth State 14 (fourteen) days from the sanctions


2009, no. 72 7 administrative fines are classified as receivables jammed. Article 8 in the event that the company has not paid fines administrative sanctions, administrative sanctions then the fines expressed as a debt to the State and should be noted in the financial statements of the company are concerned. Article 9 to the company who has been penalized with administrative fines and before the expiry of a period of administrative sanction payment liability fines referred to in article 7 the company's business license was revoked, then the provisions regarding payment of the fine collection procedures referred to in article 7 remains valid. Article 10 (1) in the case of the capital market Supervisory Agency and financial institution establishes the administrative sanctions fines accompanied by the company's business license revocation, then the payment of fines administrative sanctions was conducted in accordance with the provisions of article 7 paragraph (1) the regulation of the Minister of finance. (2) if within the period referred to in subsection (1) of the administrative sanctions fines have not been paid off, then the administrative sanctions fines referred to classified as accounts receivable jammed. (3) accounts receivable jammed sebagaiman referred to in paragraph (2), assigned by the capital market Supervisory Agency and the financial institutions to Panitian Affairs accounts receivable State Directorate General of State Wealth/14 (fourteen) days of work since the administrative sanctions fines categorized as accounts receivable jammed. Article 11 of the regulation of Finance Minister is valid for submission of 2009, no. 72 8 Report ended per 31 December 2008 onwards. Article 12 in the event that the company be penalized Restrictions business activities because it did not submit a report, then the lifting of sanctions and restrictions on business activities can only be done when the report was submitted to the Minister and a copy has been delivered to the Secretary of the SSBP Supervisory capital market and financial institutions in particular the head of the Department of finance with copy to the head of the capital market Supervisory Agency Perasuransian and financial institutions. CHAPTER IV TRANSITIONAL PROVISIONS Article 13 Against accounts receivable of State arising from the imposition of administrative sanctions fines on companies that existed before the establishment of this financial regulation of the Minister, the action will be carried out as follows: a. the Chairman of the capital market Supervisory Agency and financial institution for a period of not longer than 6 (six) months from the establishment of this financial regulation of the Minister, will issue a notice to the company to be able to immediately pay off the fines 14 (fourteen) days since the establishment of the notification letter. b. If the fine has not been paid within the period referred to in the notice referred to in letter a, then the administrative sanction in the form of fines that are classified as receivables jammed the delegated dealing or submitted by the Chairman of the capital market Supervisory Agency and financial institution to the Committee for the Affairs of the Directorate General of State accounts receivable/Wealth of the country.

2009, no. 72 9 chapter V CLOSING PROVISIONS Article 14 with the establishment of this Minister of finance Regulations, provisions on administrative fines sanctions payments as referred to in article 33 the decision of the Minister of finance Number 422/KMK. 06/2003 about the conduct of the Business of insurance companies and Reinsurance Companies, revoked and declared inapplicable. Article 15 of the regulation of the Minister of Finance began to take effect on the date set. 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 April 22, 2009 the MINISTER of FINANCE of the REPUBLIC of INDONESIA, SRI MULYANI INDRAWATI Enacted in Jakarta on April 22, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA