Regulation Police State Number 9 In 2009

Original Language Title: Peraturan Kepolisian Negara Nomor 9 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5198effe609b12313233363436.html

BN 243-2009 .doc REPUBLIC INDONESIA No. 243, 2009 police. The Ordinance. Goods. The service. Procurement. Electronics. REGULATION of the HEAD of STATE POLICE of the REPUBLIC of INDONESIA number 9 in 2009 ABOUT the PROCEDURES for PROCUREMENT of goods/services the GOVERNMENT ELECTRONICALLY in an ENVIRONMENT of INDONESIAN NATIONAL POLICE with the GRACE of GOD ALMIGHTY HEAD of STATE POLICE of the REPUBLIC of INDONESIA, Considering: a. that the development and progress of such technologies has led to a rapid change in human life in various fields, which directly affect the functioning of the logistics of the State police of the Republic of Indonesia in the process of procurement of goods/services; b. that to further enhance the efficiency, effectiveness, transparency, accountability, healthy competition and fair in the implementation of Government procurement of goods/services in the environment of the Republic of Indonesia, State police need to implemented procurement of goods/services electronically; c. that based on considerations as referred to in letter a and letter b, need to establish the Rule of the Republic of Indonesia National Police Chief about the procedures for procurement of goods/services the Government Electronically in the environment of the Republic of Indonesia national police;

2009, no. 243 2 Remember: 1. Act No. 2 of 2002 on State police of the Republic of Indonesia (the State Gazette of the Republic of Indonesia number 2, 2002 an additional Sheet of the Republic of Indonesia Number 4168); 2. Law number 11 Year 2008 of the information and electronic transactions (State Gazette of the Republic of Indonesia Number 58 in 2008, an additional Sheet of the Republic of Indonesia Number 4928); 3. Presidential Decree Number 70 in 2002 about the Organization and work of State police of the Republic of Indonesia; 4. Presidential Decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services, along with the revised document (Gazette of the Republic of Indonesia Number 120 in 2003, an additional Sheet of the Republic of Indonesia Number 4330); Decide: Define: REGULATION Of The HEAD Of The INDONESIAN NATIONAL POLICE ABOUT The PROCEDURES For PROCUREMENT Of Goods/Services The GOVERNMENT ELECTRONICALLY In An ENVIRONMENT Of INDONESIAN NATIONAL POLICE. CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. State police of the Republic of Indonesia which further shortened the national police is a State that plays a role in maintaining security and order of society, enforce the law, as well as provide protection, shelter and service to the community in the framework of the rights of security in the country. 2. The institution of a policy of Government procurement of goods/services hereinafter abbreviated LKPP is a Non Governmental departments that are under and is responsible to the President and is the only government agency that has the task of carrying out the development and formulation of policies of Government procurement of goods/services.

2009, no. 243 3 3. Procurement of goods/services Electronically (Electronic Government Procurement) is the process of procurement of goods/services of the Government that the implementation is done in the web-based electronic/internet by making use of communication and information technology facilities, through public auction electronically. 4. The E-Public Auction is the procurement of goods/services of the Government process of implementation is carried out by public auction openly, in order to obtain goods/services, with the bidding price is done once on the day, date, and time that have been specified in the procurement document, to find the lowest price possible without neglecting the quality and objectives that have been set, using electronic media based on web/internet by making use of communication and information technology facilities. 5. Service Procurement Electronically hereinafter abbreviated LPSE is a unit that serves the process of procurement of goods/services electronically. 6. a Commitment Maker Officials subsequently abbreviated PPK is officials who are appointed by users budget/budget power user as the owner of the work, who are responsible for the implementation of the procurement of goods/services. 7. the Procurement Committee is appointed by the user team budget/budget users to execute the power of selection providers of goods/services. 8. the Procurement Officer is personnel appointed by the user the user's power budget/budget to carry out the selection of providers of goods/services with a value of up to Rp. 50,000,000.00 (fifty million rupiah). 9. Budget Users is the head of State police of the Republic of Indonesia (Assistant). 10. The power of the budget Users is the head of the unit of work (Kasatker) as a budget user officials work units of his flock. 11. the Procurement Services Unit in Polri environment hereinafter abbreviated ULP Police is one work unit consisting of the national police and CIVIL Police Personnel who already have a certificate of expertise Government procurement of goods/services established by the users budget (Assistant) on duty specifically to carry out the selection of providers of goods/services.

2009, no. 243 4 12. The provider of the goods/services is a business entity or individual person that its business activities are providing goods/services. 13. The Administrator is appointed by the personnel in charge of budget users to manage the system (System and network) and can be served LPSE meng-entry-kan Committee data, plans, PPK and procurement Committee (LPSE or in work units each). 14. Verifikator was appointed by the personnel budget tasked user verification, data validation and the goods/services providers who register at LPSE, providing goods/services provider passwords, as well as executing black list goods/services providers based on a letter of determination of the PPK. 15. The Help Desk personnel was raised by users of the budget gives an explanation of various things concerning operasionalisasi LPSE. 16. the Trainer is the personnel appointed by the user in charge of providing training budget Ordinance LPSE application usage to PPK, the organizers and providers of goods/services. 17. Electronic document is any electronic information are made, forwarded, transmitted, received, or stored in the form of analog, digital, optical, electromagnetic, or similar ones, which can be seen, displayed, and/or heard through a computer or electronic systems, including but not limited to text, sound, pictures, maps, drafts, photos or the like, letters, marks, numbers, access codes, symbols or perforations which have meaning or meaning or can be understood by people who are able to understand it. 18. the Message of the next 5 Diggest abbreviated MD5 is a methodology to give assurance that the electronic documents posted will be the same with electronic documents are received, it is by comparing the "fingerprint" (finger print) or by the term "Hash Key" from those documents. 19. An Electronic Signature is the signature of the electronic information attached, associated or related to other electronic information that is used as a means of verification and authentication. 20. User ID is a unique identifier or name as the identity that is used to operating in an electronic system.

2009, no. 243 5 21. The password is a collection of characters or strings that are used by network users or a multiuser operating system (many users) to verify the User ID to the security system owned by the system or network. Article 2 the principles in this Regulation include: a. efficient, namely procurement of goods/services electronically must be achieved by the use of limited resources and funds to achieve the targets set out in the shortest time-in a nutshell and can be accounted for; b. effective, namely procurement of goods/services must comply with the specified requirements and can deliver the benefits of sebesar-sebesarnya in accordance with the targets set; c. transparent, i.e. all the provisions and information regarding procurement of goods/services including technical terms the Administration's procurement, evaluation procedures, the results of the evaluation, determination of prospective providers of goods/services, its nature is open to goods/services providers who are interested as well as for the wider community at large; d. accountable, that achieves both physical, financial, as well as benefits for the smooth execution of public tasks of Government and community service in accordance with the principles and provisions that apply in procurement of goods/services; e. confidentiality, i.e. in the implementation of Government procurement of goods/services electronically, to safeguarding the confidentiality and hold fast to the access code of the parties concerned; f. open and competitive, namely procurement of goods/services must be open to goods/services provider that meets the requirements and is done through a healthy competition among providers of goods/services that are equivalent and qualified/certain criteria based on the provisions and procedures are clear and transparent; g. fair, providing equal treatment for all potential providers of goods/services and does not lead to give advantages to certain parties, in a manner and/or for any reason; h. interoperability, namely that the application system that is built can be installed on any Computer Operating System; and


2009, no. 243 6 i. guarantee of Data security, namely that the data traffic that exists on the system security is guaranteed and if the applications to data manipulation occurs (changes/damage) will be identified/search able (traceble). Article 3 the purpose of this regulation includes the following: a. facilitate information search provider (sourcing) and speed up the process of procurement; b. communication on-line among users with providers; c. the administrative process and reduce the cost of procurement; and d. save costs and speed up the process. Article 4 scope this Regulation include: a. implementing in the procurement of goods/services electronically; b. procedures for the implementation of the procurement of goods/services and exchange of electronic documents; c. complaints procedures. CHAPTER II IMPLEMENTING in the PROCUREMENT of goods/services ELECTRONICALLY Implementing article 5 related to the procurement of goods/services electronically, consisting of: a. LPSE; b. PPK; c. Procurement Officer/Committee/ULP; and d. the provider of goods/services. Article 6 (1) structures LPSE as stipulated in article 5 letter a consists of: a. the directors, who have the task of: 1. fostering and directing work programme; 2. provide policy directions for the implementation of activities; and 3. monitor and evaluate activities. b. head LPSE, which has the task of: 2009, no. 243 7 1. lead the day-to-day operations of LPSE; 2. provide technical direction towards the implementation of the activities of LPSE; and 3. compiling reports activity LPSE; c. the Secretary, who has the task of carrying out the coordination, guidance and control of programs, activities, administration and resources on environmental LPSE; d. administrator, who has the task of: 1. prepare (set up) the technical devices of information systems (hardware); 2. keep the server LPSE and other devices; 3. handle the information systems technical problem occurred; 4. provide information and input to LPSE Center about technical constraints that occur in LPSE; 5. carry out the technical instructions from LPSE Center; e. verifikator, which has the task of: 1. handle user registration LPSE; 2. Verify all information and documents as the user registration requirements LPSE; 3. approve and reject the application for registration of the user verification results based LPSE; 4. manage the archival and document user LPSE; 5. confirm the user LPSE about consent and refusal of registration on the basis of the results of the verification; and 6. deliver information to the user about the completeness LPSE documents required; f. help desk (service users), which has the task of: 1. providing consulting services regarding the procurement process electronically either via the internet, phone or present directly at LPSE; 2. help the registration process users LPSE;

2009, no. 243 8 3. answering questions about the facilities and features of the application LPSE; and 4. deal with complaints about the service of LPSE; g. Trainer (training and socialization), which has the task of: 1. providing training to users LPSE; and 2. answer questions related the procurement of goods and services. (2) Personnel LPSE must meet the requirements as follows: a. have the moral integrity, discipline and responsibility in carrying out the task; b. understand the kind of work that has been the task and responsibility of the person who manages LPSE; and c. understanding the procedure system of procurement of goods/services electronically. (3) Personnel who occupy the position in the structure referred to in subsection (1), established by the decision of the Assistant. Article 7 Tasks LPSE include: a. drafting program activity management of procurement of goods/services electronically; b. carry out training to procurement officers/Committee/ULP and goods/services provider for the control system of procurement of goods/services electronically; c. implement services to procurement officials/Committee/ULP and goods/services providers; d. administration system LPSE; and e. carry out the evaluation and reporting of the implementation tasks. Article 8 (1) function LPSE include: a. as a media provider information and consultation (helpdesk) who serve the procurement officer/Committee/ULP and goods/services providers with regard to the system of procurement of goods/services electronically;

2009, no. 243 9 b. as a provider of information and data relating to the goods/services procurement process has been done by executor as referred to in article 5, letter b and c, for the benefit of the audit process, monitoring and evaluation; and c. as the administering LPSE. (2) the function of the information provider and the data referred to in paragraph (1) letter b used for surveillance/audit according legislation. Article 9 PPK as stipulated in article 5, letter b has a duty and responsibility as follows: a. draw up planning procurement of goods/services; b. set the package work accompanied by provisions on increased use of domestic production and an increase in the grant opportunity for small businesses including small cooperatives and community groups; c. sign a Pact of integrity before the implementation of the procurement of goods/services electronically begins; d. establish and authorize the procurement documents electronically; e. establish and certify its own Estimates Price (HPS), schedule, location and implementation procedures of procurement Committee drafted/procurement officer/ULP; f. establish and certify the results of the procurement conducted procurement officer/Committee/ULP, according those powers; g. specify a quantity accrues cash advance providers of goods/services in accordance with applicable; h. prepare and carry out the agreement/contract with the provider of the goods/services; i. report of the implementation/completion of procurement of goods/services to the leadership of the Office; j. controlling the implementation of the agreement/contract; k. hand over assets results procurement of goods/services and other users of the budget/budget power user with the news submission event; and b. follow-up findings LPSE when found deviations of procedures the implementation of procurement of goods/services electronically.

2009, no. 243 10 article 10 organizing Committee/procurement officer/ULP as stipulated in article 5 subparagraph c have duties and responsibilities: a. draw up a timetable and define how the implementation as well as the location of the procurement; b. compose and prepare the HPS; c. prepare a procurement document based on a predetermined reference by LPSE; d. announced procurement of goods/services in the Web-site of national procurement; e. assessing the qualifications of the provider of the goods/services; f. perform the evaluation of incoming supply; g. proposed a candidate for the winner; h. report of the process and the results of the procurement to the PPK and/or users of the budget/budget power user; and i signed a Pact of integrity before the implementation of the procurement of goods/services is started. Article 11 (1) a provider of goods/services as referred to in article 5 and the letter d is obliged to meet the requirements as follows: a. enrol to LPSE and willing to do the verification for real by LPSE or authorized, prior to the goods/services providers be given the access code to use procurement system electronically; b. comply with regulations for the running of business/activity as a provider of goods/services; c. have the expertise, experience, technical and managerial capabilities to provide the goods/services; d. is not in the supervision of the Court, not bankruptcy, its business activities is not being stopped, and/or the Board of Directors acting for and on behalf of the company not being through criminal sanctions; e. legally has the capacity to sign contracts; f. as taxpayers already fulfill the obligation of taxation in recent years, evidenced by attaching a photocopy of proof of the receipt of the submission of annual tax Letter (SPT) income tax (PPh) last year, and a photocopy of the letter of tax Deposit (CNS) PPh;

2009, no. 243 11 g. within 4 (four) last year and never get a job providing goods/services in both the Government and private environment including experience sub contract, unless the provider of the goods/services of the new stands less than 3 (three) years; h. have the human resources, capital, equipment, and other facilities that are required in the procurement of goods/services; i. do not get listed in black; j. have a fixed address and clear and reachable by post; and k. signed a Pact of integrity before the implementation of the procurement of goods/services is started. (2) a provider of goods/services, the individual person is obligated to comply with the requirements referred to in subsection (1), unless the letter g. (3) goods/Services Provider participation raises conflict of interest prohibited became providers of goods/services. CHAPTER III PROCEDURES for the IMPLEMENTATION of the PROCUREMENT of goods/services and EXCHANGE of ELECTRONIC DOCUMENTS article 12 (1) in the implementation of the procurement of goods/services electronically using the method of public auction: a. electronically pascakualifikasi with 1 (one) file; and b. public auction electronically prequalification with 2 (two) files. (2) Procurement electronically was implemented in accordance with the manuals published by the institution of goods/services procurement policy of the Government. Article 13 (1) provision of electronic document exchange in the procurement of goods/services, as follows: a. is done via the website address: http://www.lpse.sdelog.polri.go.id; b. user ID and passwords of all users of the system of procurement of goods/services electronically is a representation of the user and the associated to all its activities;


2009, no. 243 12 c. user ID and Password as referred to in subparagraph b of all associated electronic documents that are sent to the system of procurement of goods/services, so it is recognized as one of the components which confirms that document; d. electronic document authentication in the implementation of the procurement of goods/services using MD5 methodology; and e. in terms of goods/services provider has provided a statement and approval of electronic document authentication, is considered to have signed the document. (2) electronic documents as referred to in paragraph (1) be treated the same as a written document. Article 14 (1) all data and information stored LPSE Police linked to the information center of the national procurement of goods/services that are disupervisi by the Policies of the Government procurement of goods/services (LKPP). (2) the types and value of goods/services procurement is conducted electronically for the package of the work financed from the funds of the pure rupiah set with the decision of the Assistant. Article 15 all expenses incurred in the framework of the management of LPSE charged to DIPA Police. CHAPTER IV PROCEDURES article 16 COMPLAINT procedures complaint LPSE implementation is set out as follows: a. the complaints from the community and/or provider of goods/services can be done through on-site LPSE; and b. LPSE continued complaints from the community and/or provider of goods/services to the Police and LKPP LPSE steering. Article 17 LPSE mandatory reporting to the budget user, power user budget and PPK, when found deviations over the implementation of government procurement of goods/services electronically with copy to Irwasum Police.

2009, no. 243 13 Chapter V CLOSING PROVISIONS Article 18 rules of this Assistant comes into force on the date specified. So everyone knows, this Assistant Regulations enacted by its placement in the news of the Republic of Indonesia. Established in Jakarta on August 3, 2009, HEAD of the INDONESIAN NATIONAL POLICE, BAMBANG HENDARSO DANURI Enacted in Jakarta on August 7, 2009 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA