Local Regulations No. 5 In 2009

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2009

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Raperda Kab. Bulungan Regency of BULUNGAN REGENCY REGIONAL ORDINANCE No. 5 of 2009 ABOUT the COMPANY of the PEOPLE'S BANK AREA of the REGENCY of BULUNGAN with the GRACE of GOD ALMIGHTY REGENT BULUNGAN, Considering: a. that to enhance the service of the community and spur the growth of the economy and development in the Bulungan Regency, it is necessary to form the company Of the people's Bank area of the Regency of Bulungan; b. that the Bank is expected to increase Of the growth and development of the regional economy as well as add Original source of revenue areas, to enhance the welfare of society; c. that based on considerations as referred to in letter a and letter b, need to set local regulations concerning Company Areas Of Bank Rakyat Bulungan Regency. Remember: 1. Act No. 27 of 1959 concerning the determination of the Emergency Law number 3 of 1953 about the formation of the regencies in Kalimantan (Indonesia Republic Gazette 1953 number 9, an additional Sheet of the Republic of Indonesia Number 1820) as legislation (Gazette of the Republic of Indonesia Number 72 in 1959); 2. Law number 5 in 1962 about the company area (Gazette of the Republic of Indonesia number 10 in 1962, an additional Sheet of the Republic of Indonesia Number 2387); 3. Act No. 7 of 1992 about banking (State Gazette of the Republic of Indonesia Number 31 in 1992, an additional Sheet of the Republic of Indonesia Number 3472), as amended by Act No. 10 of 1998 about the changes to the Act No. 7 of 1992 about banking (State Gazette of the Republic of Indonesia Number 182 of 1998, an additional Sheet of the Republic of Indonesia Number 3790); 4. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia year 1999 Number 66, an additional Sheet of the Republic of Indonesia Number 3857), as amended by Act No. 3 of 2004 concerning the change in the Law Number 23 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia number 7 in 2004, an additional Sheet of the Republic of Indonesia Number 4357), 5. Act No. 28 of 1999 regarding the Organization of a Government that is clean and free of corruption, Collusion and Nepotism (State Gazette of the Republic of Indonesia Number 75 in 1999, an additional Sheet of the Republic of Indonesia Number 3851); 6. Act No. 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia year 1999 Number 140, an additional Sheet of the Republic of Indonesia Number 3874); http://www.bphn.go.id/file/produkhukum/raperda 2009 2 7. Act No. 10 of 2004 concerning the formation of Laws-invitation (Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 8. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as last amended by law No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 9. Act No. 33 of 2004 concerning the Financial Equalization Between the Central Government and local governments (State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 10. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 11. Act No. 40 year 2007 on limited liability company (State Gazette of the Republic of Indonesia Number 106 in 2007, an additional Sheet of the Republic of Indonesia Number 4756); 12. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 13. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 14. Regulation of the Minister of Home Affairs number 22 in 2006 about the management of the Bank Of the people belonging to the local government; 15. Bank Indonesia Regulation number 6/22/PBI/2004 on the Bank Of the people; 16. Local regulations in the Bulungan Regency No. 1 of 2004 concerning the investigator civil servant (Gazette No. 1 Bulungan Regency Area in 2004 E Series No. 1); 17. Applicable local Regency of Bulungan No. 2 of 2004 concerning the financial area (Gazette No. 2 Bulungan Regency Area in 2004 E Series No. 2); 18. Applicable local Regency of Bulungan number 3 in 2004 about the treasures of the area (the sheet number 3 in the Bulungan Regency Area in 2004 E series number 3); 19. Regulation of the Bulungan Regency Area number 2 in 2005 about the inclusion of Government Capital Region On third parties (District Gazette Bulungan 2005 E series number 1, Bulungan Regency Area Gazette Extra E Series No. 1); 20. Rule number 1 in the Bulungan Regency Area in 2008 about the publication of regional and regional news Sheets (the sheets 2008 Bulungan Regency Area No. 1); 21. Applicable local Bulungan Regency number 2 in 2008 about Government Affairs who became the authority of County Government in the Bulungan (District of Bulungan Gazette year 2008 number 2). http://www.bphn.go.id/file/produkhukum/raperda 2009 3 with the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared the REGENCY of BULUNGAN and REGENT BULUNGAN DECIDED: setting: LOCAL REGULATIONS CONCERNING COMPANY AREAS of BANK RAKYAT BULUNGAN REGENCY CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is a Regency of Bulungan. 2. Local governance is conducting the Affairs of Government by local governments and LEGISLATORS, according to the principle of autonomy and pembantuan with the principle of the autonomy of the existence, within the system and the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 3. Local Governments are the Regent and the region as organizer of local governance. 4. Representatives of the regional PARLIAMENT is hereinafter referred to as the institution of Bulungan Regency regional representatives as organizer of local governance. 5. The Regent was Regent of Bulungan. 6. Regional Bank Company Of the people henceforth Perusda BPR is a Government-owned Bank Of Bulungan Regency Area the capital either in part or in whole is the wealth of the region. 7. The Board of Directors is the company's Board of Directors Of Bank Rakyat Daerah Kabupaten Bulungan. 8. The Board of Trustees is the Board of Trustees of the regional Companies of the people's Bank Of Bulungan Regency. 9. Employees are employees of the Company Of the people's Bank area of the Regency of Bulungan. 10. Bank Indonesia is the Central Bank of the Republic of Indonesia. CHAPTER II the SEAT and WORKING AREA article 2 (1) the Head Office of Perusda BPR based in Tanjung Selor. (2) Perusda BPR can open branch offices, and the Office of the Ministry of the Treasury or the Service Unit in the region of East Kalimantan province designated by Governors after approval from Bank Indonesia. CHAPTER III PRINCIPLES and OBJECTIVES article 3 Perusda BPR in doing his business berazaskan economic democracy, justice and equity by using the principle of prudence. http://www.bphn.go.id/file/produkhukum/raperda 2009 4 Article 4 Perusda BPR was founded with the aim to help and encourage the growth of the economy and regional development field as well as real as one source of revenue areas in order to improve the people's livelihood. CHAPTER IV of the TASK and the EFFORTS of article 5 Perusda BPR has a duty: a. Help drive the economy of the community; b. help provide venture capital for micro, small and medium enterprises; c. provide loan capital quickly, precisely and efficiently for the development of micro, small and medium enterprises; d. cash holders became one of the area; e. became one of the original sources of income of the region. Article 6 Perusda BPR organizes efforts: a. Gather funds from society in the form of savings and time deposits; b. give credit and doing the coaching in particular against micro, small and medium enterprises; c. Placing their funds with other banks in accordance with the provisions of the laws applicable invitation. Chapter V M O D AL article 7 (1) the basic Capital of Rp BPR Perusda 10.000.000.000.-(ten billion rupiah). (2) in the early stages of local Government make a deposit amounting to Rp 3,000,000,000 (three billion dollars). (3) the basic Capital as referred to in paragraph (1), is the inclusion of capital from local governments. (4) the inclusion of basic capital as referred to in paragraph (3), is the wealth of the region separated from the Regency of Bulungan BUDGETS. (5) fulfillment of basic capital as referred to in paragraph (1), implemented in stages in accordance with the financial capability of the area defined by regulation Regent after the approval of PARLIAMENT. CHAPTER VI is considered part of the EXECUTIVE BOARD of DIRECTORS of the paragraph 1 tasks, functions, Authorities and responsibilities article 8 (1) the Board of Directors has the task of drawing up the planning, coordination and oversight of the entire performing operational activities Perusda BPR. http://www.bphn.go.id/


file/produkhukum/2009 5 raperda (2) the Board of Directors referred to in subsection (1), can be held in cooperation with other parties in an effort the development of BPR Perusda. (3) the Board of Directors convene annual Meetings. Article 9 the Board of Directors in carrying out the tasks referred to in article 8, having the function of: a. implementation of BPR Perusda management based on the common wisdom that is set by the Board of Trustees in the work plan the annual Budget; b. determination of the wisdom to carry out maintenance and management of Perusda BPR based on the common wisdom that is set by the Board of Trustees; c. Preparation and submission of Annual work plan and budget of BPR to Perusda Board of Trustees that includes the discretion in the field of organization, planning, staffing, financial, public, and supervision, to get an endorsement; d. the preparation and submission of the report and the activities business profit calculation Perusda BPR every 3 (three) months to the Regent through the Board of Trustees; and e. the preparation and submission of the annual report comprising the balance sheet and income statements to the Regent through the Board of Trustees to get the endorsement. Article 10 the Board of Directors has the authority: a. take care of BPR Perusda wealth in accordance with the provisions of the laws applicable invitation.; b. Appoint and dismiss employees Staffing Regulations based on BPR Perusda Perusda BPR is concerned; c. in Rapture as stated on the letter b, or give priority to paying more attention to the professionalism of the workforce concerned; d. set the order of organization and governance work Perusda BPR with the approval of the Board of Trustees; e. Representing Perusda BPR in and out of court; f. Appoint someone of power or more for doing a particular law represent Perusda BPR, if deemed necessary; g. Open branch offices or cash office upon the consideration of the Board of Trustees and based on laws and regulations; h. mengggadaikan, buy, sell or in any other way acquire or relinquish rights to the assets belonging to Perusda BPR based on the approval of the Regent upon the consideration of the Board of Trustees; i. Assign travel expenses Office of the Board of Trustees and the Board of Directors as well as its Clerks Perusda BPR; and j. Raise ranks, establish periodic salary increases and penalties, dropped the post of clerk Perusda BPR based on conditions. Article 11 the Board of Directors in representing Perusda BPR in and outside the Courts referred to in article 10, in writing the letter e can empower it to someone or some people to represent RB Perusda employees alone as well as together or to any other person or entity. Article 12 (1) the Board of Directors in carrying out the duties, functions and powers as stipulated in article 8, article 9, article 10 and article 11, be responsible to the Regent through the Board of Trustees. (2) Liability of Directors referred to in subsection (1), made in writing, signed by the members of the Board of Directors. http://www.bphn.go.id/file/produkhukum/raperda 2009 6 Article 13 of the code of conduct and how to run a job board of Directors is regulated in the regulations the Regents, after hearing the opinion of the Board of Trustees. Paragraph 2 of appointment Article 14 (1) Perusda BPR led by at least 2 (two) members of the Board of Directors. (2) members of the Board of Directors is prohibited and interim positions as member of the Board of directors or executive officers on banking institutions or companies or other institutions. (3) members of the Board of Directors referred to in subsection (1), residing at the seat of the headquarters of Perusda BPR. (4) Between members of the Board of Directors and/or between members of the Board of Directors and a member of the Board of Trustees there is no family relations to the third degree, either according to the straight line nor respect including the son-in-law and brother-in-law. (5) members of the Board of Directors may not have a personal interest, directly or indirectly on Perusda BPR or legal entities/individuals who are given credit by Perusda BPR. Article 15 which may be appointed members of the Board of Directors are citizens of Indonesia that meets the following requirements: a. have expertise in the management of banking; b. have the experience in the field of banking or banking internship at once for at least 2 years; c. have the morals and good morals; d. the faithful and obedient to the State and Government; e. not engage directly or indirectly in any activity mengkianati State; f. not currently in the process of criminal law as well as civil liability; g. meet the education requirements at least three diploma (D3) or Bachelor's degree; h. has gained approval from the Regents. Article 16 (1) members of the Board of Directors are appointed by the Governors for a term of not longer than 4 (four) years and can be reappointed one next term. (2) prior to the appointment of members of the Board of Directors, the appointment of first requested approval to Bank Indonesia that are appointment processes in accordance with the provisions of Bank Indonesia. (3) the petition consideration referred to in subsection (2), mandatory attached description/identity of the Nominee Directors in question be: a. Bupati of Affidavits no family relationship as referred to in article 14 paragraph (4) and paragraph (5). b. the certificate Passes it took from institutions/Agencies where the work in question, when candidates come from outside local government. c. List the complete Life history that contains the education and work experience. d. assessment of the implementation of the work List (DP3) from the relevant agency or description of nominees which include loyalty, discipline, responsibility, honesty and leadership. http://www.bphn.go.id/file/produkhukum/2009 7 raperda e. Other documents required in the provisions of the laws applicable invitation. (4) the process of the appointment of members of the Board of Directors held Regent after receiving the consideration of the Bank Indonesia immediately publish a decision on the appointment of members of the Board of Directors. (5) the process of appointment referred to in subsection (4), implemented the Regent longest 90 (ninety) days before the term of the members of the Board of Directors ends. Article 17 (1) before carrying out tasks Board members first conducted the inauguration and the taking of the oath of Office by Governors or officials designated 14 (fourteen) days from the Decision regarding the appointment of members of the Board of Directors of Regent. (2) any appointment and/or dismissal of the members of the Board of Directors was reported by Regent to Interior Minister Cq. Director General of the public and Government of autonomous region and to Bank Indonesia of not longer than 10 (ten) working days after the appointment and/or dismissal. Paragraph 3 the appointment of Acting Article 18 (1) In until the expiration of the term of the members of the Board of Directors, the appointment of the new Board members are still in the process of settlement, the Governors may appoint members of the Board of Trustees appoint/as acting. (2) the appointment of acting as intended in paragraph (1), established by the decision of the Regents. (3) the decision of the Governors referred to paragraph (2), applies the longest 3 (three months and cannot be renewed. (4) acting as intended in paragraph (1), does not do the inauguration and oath of Office. (5) Officials issued the earning ability of Perusda BPR appropriate areas, after obtaining the approval of the Board of Trustees. Paragraph 4 of article 19 and the dismissal of members of the Board of Directors quit or be dismissed because: a. term of office expires; b. dies; c. the request Itself; d. adverse action Perusda BPR; e. perform actions or attitude that is contrary to the interest of the region or the country. f. something resulting in he can not do their job properly. Article 20 (1) members of the Board of directors who allegedly did the deed as such in article 19 d, e and f, dismissed while the proposal by Regent upon the Board of Trustees. (2) the suspension referred to in subsection (1), notified in writing by the Governors to the Board of Directors accompanied by obvious reasons. http://www.bphn.go.id/


file/produkhukum/raperda 2009 8 Article 9 (1) at the latest 1 (one) months from the suspension, as stipulated in article 20, the Board of Trustees conduct a hearing attended by the members of the Board of Directors to set the question laid off or rehabilitated. (2) if within a period of 1 (one) month of the Board of Trustees has yet to conduct a hearing referred to in subsection (1), then the letter of suspension annulled by law and carry out the corresponding back properly. (3) if in proceedings referred to in subsection (1), the Board members were absent without a valid reason, which concerned considered accepting the decision set forth by the Board of Trustees. (4) the decision of the Board of Supervisors referred to in paragraph (3), established by the decision of the Regents. (5) if the acts committed by the members of the Board of Directors is a criminal offence, the question was dismissed with no respect. Section 22 (1) Board members who are laid off can file an objection in writing to the Regents, at least 15 (fifteen) days from receipt of the decision of the Regents of dismissal. (2) at least 2 (two) months from the receipt of the application for objection, the Regent had to take the decision objectionable. (3) if within a period of 2 (two) months referred to in subsection (2), the Regent does not take a decision, then the decision of the Regents about the dismissal meant annulled by law and carry out the corresponding back properly. The second part of Paragraph 1 SUPERVISORY BOARD duties, functions, Authorities, and responsibilities Article 22 Supervisory Board has the task of setting the common wisdom, carries out supervision, controlling and coaching against Perusda BPR. Article 23 (1) the Supervisory Board of Trustees conducted for controlling and coaching on the way of organizing the duties of Directors. (2) Supervision as referred to in paragraph (1), is the supervisory authority without prejudice to supervision into from the supervisory agencies in Iuar BPR Perusda. (3) Supervision as referred to in paragraph (2), is carried out: a. Periodic according to the schedule already determined; and b. at any time when deemed necessary. (4) the control referred to in subsection (1), carried out in the form of guidance and direction to the Board of Directors in the execution of the task. (5) the construction referred to in subsection (1), carried out in the form of increasing and maintaining continuity of Perusda BPR. http://www.bphn.go.id/file/produkhukum/raperda 2009 9 Article 24 to carry out tasks referred to in Article 23, the Board of Trustees has the function of: a. the preparation of tats how supervision and management of Perusda BPR; b. implementation of and supervision over the management of Perusda BPR; c. budgetary and financial discretion Assignment Perusda BPR; and d. the coaching and development of Perusda BPR. Article 25 the Board of Trustees has authorized: a. delivered the annual work plan and budget of Perusda BPR to the Regent to get endorsement; b. examine the balance sheet and income statement presented the Board of Directors to obtain endorsement of the Regent; c. give consideration and advice, solicited or unsolicited to the Regent for the improvement and development of Perusda BPR; d. Ask description the Board of Directors on matters related to the supervision and pengeloaan Perusda BPR; e. proposed a suspension to the Regent Board members; and f. Appoint one or several experts to carry out a specific task. Article 26 (1) the Board of Trustees in the discharge of the duties, functions and authority responsible to the Regent. (2) Accountability the Board of Trustees is done in writing signed by the Chairman and members of the Board of Trustees. Article 27 (1) the Chairman of the Board of Trustees has a duty: a. lead all activities of the members of the Board of Trustees; b. Drawing up work programmes the implementation of its duties in accordance with the established wisdom by Regent; c. lead the Board of Trustees; and d. Fostering and enhancing the task of the members of the Board of Trustees. (2) members of the Supervisory Board has the task of: a. Assist the Chairman of the Board of Trustees in the discharge of his duties, according to a field that has been established by the Chairman of the Board of Trustees; and b. Doing other tasks given by the Chairman of the Board of Trustees. Article 28 (1) to carry out its duties and authority, the Board of Trustees at any time can hold meetings at the request of the Chairman of the Board of Trustees. (2) the meeting referred to in subsection (1), led by Chairman of the Board of Trustees or members appointed by the Chairman of the Board of Trustees and is considered legitimate if attended by at least more than 1 (half) a member of the Board of Trustees. http://www.bphn.go.id/file/produkhukum/raperda 2009 10 Article 29 (1) meeting as referred to in article 28, to obtain a decision made on the basis of deliberation and consensus. (2) if in the meeting not obtained the word consensus as intended in paragraph (1), the Chairman of the meeting may adjourn the meeting of not longer than three (3) days. (3) postponement of the meeting referred to in subsection (2) may be made at most 2 (two) times. (4) in the case of the meeting after being postponed to 2 (two) times as referred to in paragraph (3), has still not obtained the word consensus, the decision taken by the Chairman of the Board of Trustees after consultation with the Regents and heed the opinions of the members of the Board of Trustees. Article 30 (1) meeting between the Board of Trustees with the Board of Directors may be held at least 2 (two) times within 1 (one) year at the invitation of Chairman of the Board of Trustees. (2) if necessary meetings between the Board of Trustees with the Board of Directors may be held at any time at the invitation of the Chairman of the Supervisory Board or at the request of the Board of Directors. Article 31 (1) the Supervisory Board is obligated to provide reports on a regular basis/periodic to the Regent and the local Bank Indonesia concerning the implementation of his task at least once within 6 (six) months and tembusannya submitted to the Minister of the Interior. (2) the Supervisory Board is obliged to present the results of pengawasannya when requested Bank Indonesia. Article 32 (1) to help smooth the task of the Board of Trustees, the Board of Trustees of the Secretariat could be established at the expense of Perusda BPR with at most 2 (two) people each Perusda BPR. (2) a member of the Secretariat of the Board of Supervisors referred to in paragraph (1), cannot be derived from an employee of Perusda BPR. (3) the establishment of the Secretariat of the Board of Supervisors referred to in paragraph (1), upon consideration of the efficiency of financing Perusda BPR. Section 33 of the Ordinance and the code of conduct run a job board of Trustees governed the Regent in the regulations according to the provisions of legislation in force. Paragraph 2 of article 34 Adoption (1) members of the Supervisory Board at least 2 (two) or at most equal to the number of Directors and one of which was appointed as Chairman of the Board of Trustees. (2) the process of nomination, selection, and appointment of the Board of Trustees/Board of Commissioners is conducted by the Governors for a term of not longer than three (3) years and may be reappointed the longest 1 period after period ends. http://www.bphn.go.id/file/produkhukum/2009 11 raperda (3) members of the Supervisory Board can only be used to position as Superintendent at most 2 (two) Of the people's Bank (BPR) or 1 (one) Bank. (4) the Governors and Vice Governors, must not be served as Board of Trustees. (5) among fellow members of the Board of Trustees and/or members of the Supervisory Board with members of the Board of directors there should be no family relations to the third degree, either according to the straight line nor respect including the son-in-law and brother-in-law. (6) a member of the Board of Trustees should not have personal interests, either directly or indirectly on Perusda BPR or legal entities/individuals who are given credit by Perusda BPR. Article 35 (1) to be appointed member of the Board of Trustees must provide time to perform the task with eligible: a. Integrity; b. Competence; c. financial Reputation; and d. other requirements. (2) a member of the Board of Trustees preferred resides in working area Perusda BPR. (3) members of the Supervisory Board is obliged to gain approval from Bank Indonesia before being appointed and occupies his post. Article 36 (1) the integrity Requirements as referred to in article 35 paragraph (1) letter a, comprising: a. have the morals and good morals; b. has a commitment to comply with regulations; c. has a high commitment towards the development of a healthy RB perusda operations; and d. Not included in the list did not pass (DTL). (2) the requirements of competence referred to in Article 35 paragraph (1) letter b, comprising: a. have knowledge in banking are adequate and relevant to his Office; and b. has experience in banking. (3) the financial reputation of the Requirements referred to in Article 35 paragraph (2) Letter c, include: a. Not included in the list of bad credit; and b. never declared bankruptcy or become a member of the Board of Trustees who were convicted of causing a company declared bankruptcy, within 5 (five) years before it was nominated. (4) other requirements as stipulated in article 35 paragraph (1) letter d, include: a. never undertake activities or actions that are reprehensible; b. highly educated, skilled and have the ability to run local governments discretion regarding the construction and supervision of BPR Perusda. c. the faithful and obedient to the State and the Government d. do not engage directly or indirectly in any activity mengkianati State; e. not currently in the process of criminal law as well as civil liability; f. Healthy physical and spiritual; g. approval of the relevant authorities in accordance with the provisions of the applicable legislation. http://www.bphn.go.id/


file/produkhukum/raperda 2009 12 of article 37 (1) the filing of candidates for members of the Board of Trustees presented the longest 90 (ninety) days before the term of Office of members of the Board of Trustees that is long over. (2) the procedures for the submission referred to in subsection (1), obliged to follow the provisions of Bank Indonesia. (3) a decision regarding the appointment of members of the Regent Board of Trustees presented to the leadership of the Bank Indonesia and the Ministry of Internal Affairs the longest 10 (ten) days after it is signed. (4) prior to running the task of the members of the Board of Trustees first conducted the inauguration and the taking of the oath of Office by Governors or officials appointed. Paragraph 3 of article 38 the dismissal of members of the Board of trustees quit or be dismissed because: a. term of office expires; b. dies; c. the request Itself; d. adverse action Perusda BPR; e. perform actions or attitude that is contrary to the interest of the region or the country. f. something resulting in he can not do their job properly. Article 39 (1) the members of the Board of Trustees who allegedly did the deed as referred to in article 38, letter d letter e and the letter f, dismissed while by Regent. (2) the suspension referred to in subsection (1), is submitted in writing to the concerned accompanied by obvious reasons. Article 40 (1) the longest one (1) months from the suspension as stipulated in article 39, Regent of carrying out of meetings attended by the members of the Board of Trustees to establish dismissal or rehabilitation. (2) if within a period of 1 (one) month of the sebagalmana referred to in paragraph (1), Regent has yet to carry out meetings, a letter of suspension annulled by law. (3) if the meeting referred to in subsection (1), a member of the Board of Trustees was absent without a valid reason, which concerned considered accepting the decisions set forth in the meeting. (4) the decision of the meeting referred to in subsection (3), established by the decision of the Regents. (5) if the acts committed by the members of the Board of Trustees is a criminal offence, the question was dismissed with no respect. Article 41 (1) a member of the Board of Trustees that the longest-dismissed, 15 (fifteen) days from the decision of the Governors accepted about a lunch may submit an objection in writing to the Regent. (2) the longest 2 (two) months from the application received objections, the Regent had to take decisions. http://www.bphn.go.id/file/produkhukum/2009 13 raperda (3) if within a period of 2 (two) months referred to in subsection (2), the Regent does not take a decision, then the decision of the Regents regarding dismissal annulled by law and carry out the corresponding back properly. The third part of article 42 EMPLOYEE (1) officers of Perusda BPR appointed and dismissed by the Board of Directors based on the provisions of the applicable legislation. (2) the rights and obligations of officials of Perusda BPR is governed by the Board of Directors with the approval of the Board of Trustees, in accordance with the provisions of the applicable legislation. CHAPTER VII INCOME Article 43 (1) Income the Board of Trustees and Board of Directors are governed by the Regent upon the suggestion of the Board of Trustees with based on the provisions of the applicable legislation. (2) the determination of the salaries of employees of Perusda BPR is governed by the Board of Directors with the approval of the Board of Trustees in accordance with the provisions of the applicable regulations having regard to the financial ability of Perusda BPR. (3) Earnings as referred to in paragraph (1) and paragraph (2), should be based upon the condition that the determination of the basic salaries of Directors and all Employees shall not exceed the amount of 30% (thirty-perseratus) of the total operating income or 40% (forty-perseratus) of the total operating costs based on the realization of financial year ago. CHAPTER VIII RETIREMENT and OLD AGE ALLOWANCES Article 44 (1) Perusda BPR held pension and old age Allowance For directors and officers of Perusda BPR BPR Perusda wealth is separated. (2) pension funds and old age Allowance referred to in subsection (1), sourced from: a. the pension and allowances Dues days old from the directors and officers of Perusda BPR; b. part of Welfare Funds. CHAPTER IX WORK PLAN and the ANNUAL BUDGET of article 45 (1) not later than 1 (one) month after the fiscal year end, the Board of Directors to the Board of Trustees work plan and the annual budget was passed to Perusda BPR. (2) When up to the beginning of the financial year the Board of Trustees is not expressed objection, then the work plan and the annual budget as referred to in paragraph (1), applies. http://www.bphn.go.id/file/produkhukum/2009 14 raperda (3) each of the changes to the plan and the annual budget, BPR Perusda happened in the fiscal year concerned must have the approval of the Board of Trustees. (4) every plan and budget change that has gained the approval of the Board of Trustees authorized by the Regents. CHAPTER X the YEAR BOOK and ANNUAL CALCULATION of article 46 (1) fiscal year Perusda BPR likened to the calendar year. (2) no later than 3 (three) months after the fiscal year end, the Board of Directors deliver annual calculations consist of the balance sheet and profit/loss calculation that has been audited by an accountant or public accountant to the Board of Trustees. (3) the Board of Directors is obliged to announce the annual report on the development of BPR to Perusda Efforts submitted to Bank Indonesia, Regent and Secretary of the Interior. (4) the Board of Directors is obliged to announce the annual calculation that has been validated on the Bulletin Board Perusda BPR. (5) the procedures for the creation, delivery and passage of the annual calculation of Perusda BPR is governed in accordance with the provisions of the applicable legislation. CHAPTER XI ASSIGNMENT and USAGE of NET PROFIT of article 47 (1) net profit after tax cut which has been audited by the Supervisory Authorities, the Division is defined as follows: a. the Dividend to shareholders ... ... ... .... 50% General Reserve b..................................... 15% c. Backup purposes.................................... 15% d. Welfare Funds................................. 10% e. production services........................................... 10% (2) part of the profit to the shareholders of local Government referred to subsection (1) letter a, budgeted in the receipt of revenue and Budget Shopping Area next fiscal year. (3) the Welfare Fund as referred to in paragraph (1) letter d, among other things used for the Pension Fund's Board of Directors and employees as well as for the employees, social housing and the like. (4) use of production services set by the Board of Directors. CHAPTER XII LIABILITY and CLAIMS for DAMAGES Article 48 (1) the Board of Directors and all employees of the BPR Perusda due to legal actions, or due to negligence in carrying out the obligations and the duties charged to them by directly or indirectly have caused harm to Perusda BPR are obliged to indemnify. (2) the procedures for the settlement of damages against Directors and officers referred to in subsection (1), adapted to the legislation in force. http://www.bphn.go.id/file/produkhukum/raperda 2009 15 CHAPTER XIII COOPERATION Article 49 (1) Perusda BPR can do working with banking and/or other financial institutions in an effort to increase capital, management and professionalism of human resources perbankkan. (2) in performing the same work as intended in paragraph (1), have to go through the approval of the Board of Trustees. CHAPTER XIV the CONSTRUCTION of article 50 (1) the Minister of Internal Affairs conducts coaching against Perusda BPR in order to increase resources to results and to Perusda BPR as fittings autonomous region. (2) in the implementation of the construction of the public referred to in paragraph (1), carried out by the Directorate General of Public Government and the autonomy of the region. (3) Bank Indonesia Banking Supervision guidance and conduct against Perusda BPR. (4) the Governors doing coaching technical administration which in this case is assisted by Regional Secretary. CHAPTER XV the DISSOLUTION of Article 51 (1) dissolution of Perusda BPR defined by local regulations after approval from Bank Indonesia. (2) for smooth execution of dissolution referred to in subsection (1) may appoint a Regent, or forming a Committee for the dissolution of Perusda BPR. (3) the dissolution of the Committee referred to in subsection (2), mandatory deliver accountability dissolution Perusda BPR to the Regent. (4) in case of dissolution referred to in subsection (1) and paragraph (2), then the debt and financial obligations are paid from Perusda BPR treasures. (5) if in the settlement of the liability referred to in subsection (4), there is a shortage, then became the responsibility of local governments. Article 52 the dissolution of Perusda BPR reported by Regent to Interior Minister Cq. Director General of the General Government of the autonomous region and Bank Indonesia. CHAPTER XVII the CLOSING PROVISIONS Article 53 things that have not been provided for in the regulation of this area is all about the technical implementation is governed more by the Regent Regulations based on the provisions of the applicable legislation. http://www.bphn.go.id/file/produkhukum/2009 16 raperda Article 54 regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the pegundangan Regulation of this area with its placement in the Bulungan Regency Area of the sheet. Set on Tanjung Selor on May 28, 2009 DEAR BULUNGAN REGENT ARIFIN Enacted in Tanjung Selor on May 28, 2009 PLT. BULUNGAN REGENCY SECRETARY, S U D A J T I SHEET BULUNGAN REGENCY AREA in 2009 No. 5 http://www.bphn.go.id/