Regulation Of The Minister Of Defence No. 17 Of 2009

Original Language Title: Peraturan Menteri Pertahanan Nomor 17 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c517c36b7208a56313233353538.html

BN 310-2009 .doc REPUBLIC INDONESIA No. 310, 2009 the DEPARTMENT of DEFENSE. Construction Material Removal REGULATION of the MINISTER of DEFENCE No. 17 in 2009 ABOUT the CONSTRUCTION of the ABOLITION of the STATE DEFENCE MATERIEL in the ENVIRONMENT the DEPARTMENT of DEFENSE and the INDONESIAN ARMED FORCES with the GRACE of GOD ALMIGHTY the SECRETARY of DEFENSE, Considering: that to carry out the provisions of the regulation of the Minister of defence number: PER/18/M/X/2007 dated October 29, 2007 about the fine points of coaching Defense Materiel environmental State in the Department of Defense and the national army Indonesia need to set the rules, the Defense Minister about the construction of the abolition of the State Defence Materiel in the environment the Department of Defense and the national army of Indonesia; Remember: 1. Act No. 3 of 2002 on the defence of the Republic of Indonesia (the State Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169); 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);

2009, no. 310 2 3. Act No. 34 of 2004 about the Indonesia National Army (the State Gazette of the Republic of Indonesia Number 127 in 2004, an additional Sheet of the Republic of Indonesia Number 4439); 4. Government Regulation number 6 in 2006 about the management of the State-owned Goods (State Gazette of the Republic of Indonesia Number 8 in 2006, an additional Sheet of the Republic of Indonesia Number 4609), as in change with the Government Regulation Number 38 in 2008 about the changes to the Government Regulation number 6 in 2006 about the management of the State-owned Goods (State Gazette of the Republic of Indonesia Number 78 in 2008, an additional Sheet of the Republic of Indonesia Number 4855); 5. Regulation of the Minister of defence number: PER/18/M/X/2007 dated October 29, 2007 about the fine points of coaching Defense Materiel environmental State in the Department of Defense and the national army Indonesia; 6. Regulation of the Minister of finance number: 96/FMD. 06/2007 dated September 4, 2007 on The implementation of the usage, Utilization, Elimination and the signing of the State-owned Goods Mover; Decide: Define: REGULATION Of The MINISTER Of DEFENCE Of The CONSTRUCTION MATERIAL REMOVAL DEFENSE STATE In The ENVIRONMENT Of The MINISTRY Of DEFENSE And The INDONESIAN ARMED FORCES. CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of Defense, which is intended to: 1. The construction is all the effort, work and activities related to the planning, preparation, construction, development, deployment, use and control of the 2009, no. 310 3 activities include alignment and setting everything so that it can be done and done well, orderly, neat and carefully according to the plans and program implementation (in accordance with the provisions of , instructions, norms, terms, systems and methods) are managed and empowered in order to achieve the objectives and to obtain better results. 2. Removal is the Act of removing material from the list of goods by publishing a decree from the competent authority to free the User of goods and/or power user Items of the responsibility of the Administration and physical material that are in control. 3. Construction of the deletion is all efforts, work and activities related to liberation materially has changed conditions/circumstances and/or are not eligible to use, which will then be removed from the user's Goods liability and/or a power user of the goods according to the regulations. 4. Material is all State-owned goods purchased or obtained over the burden of Budget income and Expenditure the country or coming from another acquisition. 5. The objective of the State Defense is all material already owned and used Dephan and TNI as well as other material that directly has not been used yet in an emergency with or without modifications can be deployed in order to support the defense of the country. 6. The main tool the weapon system which further shortened Alut Sista is any type of material that constitutes the main tool of weapon systems and their accessories to be used to supplement the main component of the defence needs of the country. 7. Goods moving (BB) is the goods according to the nature and its use moveable. 8. Goods not moving (BTB) is a goods according to the nature and its use cannot be moved or according to the applicable invitation militate-defined as the goods are not moving. 9. The Committee for the Elimination of the designated personnel or is to be appointed by the competent authority in charge of carrying out the removal process of the goods in the unit, as well as the Committee for the auction.

2009, no. 310 4 10. The provider of the Goods is an authorized Minister of finance and responsible for setting the policies and guidelines and make the management of the State-owned Goods, assumed by the Minister of finance. 11. environmental goods in Dephan Users and the TNI is the Minister who has authority to use the State-owned Goods, assumed by the Minister of Defense. 12. Power user stuff is the Commander of the Indonesian armed forces and Secretary General who was appointed by Minister Dephan as users of goods for the use of goods that are in control with his best. 13. the Minister is the Minister of Defense of Republic of Indonesia. 14. The Commander of the National Army Commander is Indonesia. 15. the Chief of staff of the Navy is the Indonesian Army Chief of staff, Chief of staff of the INDONESIAN Navy, and Chief of staff of the INDONESIAN air force. The second part of the intent, purpose, and scope of article 2 (1) of the regulation the Minister is intended as a guide in the venue construction of deletion materially the environmental State in the Defense Ministry of Defense and Indonesia national army, with the aim to realize the order removal of material. (2) the scope of the regulation as referred to in article 2 paragraph (1) includes general provisions, provisions of coaching, conducting patterns, level of authority and responsibility as well as the conditions of the cover. The third part the basis and principles of article 3 (1) the construction of the removal of Material held by observing the following principles: a. benefits, i.e. the results of the construction of the removal of material should be beneficial to efforts in implementing order removal of material; b. effective coaching activities, namely the removal of the material must be able to ensure the ease of implementation of the construction material;

2009, no. 310 5 c. continued coaching activities, namely the removal of material should always be reviewed and/or system with feedback; d. alignment of the construction activities, namely the removal of material should be supported with data administration and complete physical; e. coaching activities, namely rational deletion materially must be logical and carefully regulated and appropriately with the mempertimbang value and economic benefits of right; and f. safeguards, i.e. the activities of the construction of the removal of material should pay attention to the aspects of confidentiality and security. (2) Removal of the construction material was carried out by adhering to the following principles: a. must be able to support the construction of material and in harmony with the construction of the logistics; b. any material there must be pembinanya; c. must be beneficial to the interests of the defence of the State; d. should be aligned with operational needs, financial coaching, coaching personnel; and e. the need to be guided by the provisions, principles, principle and the ethics of elimination. CHAPTER II PROVISIONS of the CONSTRUCTION section of the Union goals and objectives article 4 (1) of the construction material removal aims to ensure the attainment of public order organizing the removal of materiel and readiness to support materially data basic tasks within a particular organization. (2) Target construction of the removal of the material in this system: a. removal of material in order to increase the value and effectiveness of the construction material defence; and 2009, no. 310 6 b. invited, removal of material from the list of goods (inventory) on the user of goods and/or power user Items in support of the implementation of the tasks of an organization. The second part of the system of article 5 (1) of the construction material removal System is a system of construction material. (2) the system construction of the removal of material as referred to in paragraph (1) has the following characteristics: a. principal task-oriented organization; b. have a more favorable economic value countries; c. beneficial to the process of the construction of the next functions; and d. appropriate basis and the principle of the construction of the removal. The third part of the function of article 6 the function of construction material removal is as follows: a. logistics functions implemented by the environment and the TNI Dephan; b. include all efforts, work and activities related to liberation materially changed circumstances and/or not eligible again from liability the user of goods and/or a power user of the goods; and c. based on a standard condition materially in Dephan environment and TNI. CHAPTER III ORGANIZATION of the PATTERN is considered Part of the basic organization of the chapter 7 organizing the removal of material is based on: a. the Organization;


2009, no. 310 7 b. planning; c. implementation; and d. the supervisory control section 8 organizing the removal of material on organizational aspects as referred to in article 7 letter a are organized as follows: a. are within an organization consequential Committee; b. members of Security, logistics, Constructor functions and Users of the goods; and c. effect on levels of UO, UO Dephan Mabes TNI, Major Command and Force UO. Article 9 organizing the removal of material on the planning aspects referred to in article 7 letter b is set as follows: a. deletion must be bottom up system; and b. eligible administrative, physical, technical and economical; Article 10 conduct of the removal of material on aspects of implementation referred to in article 7 letter c is set as follows: a. implemented by the Committee for the Elimination of which the number of Committee penghapusannya depending on the type of goods to be removed; and b. carry out appropriate activities stage conditions. Article 11 Penyelenggara deletion of material on aspects of the supervision of the control referred to in article 7 letter d is set as follows: a. institutional supervision carried out by the control; and b. a leadership unit is responsible for conducting the removal. The second part of the requirements of article 12 of organizing deletion materially implemented selectively with the following requirements: 2009, no. 310 8 a. chattels (BB); 1. technical requirements: a) physically cannot be used because the goods are damaged, and not economical when corrected; b) technically the goods can not be used anymore and is not meeting the needs of the Organization due to modernization and development; c) goods has exceeded its time limit/expired; d) goods experienced a change in specifications due to the use of, such as eroded, worn away and others like; and e) reduced items in the scales/size due to the use of the/shrink in storage/transport. 2. meet the requirements of a more economically advantageous for the country if the goods have been deleted, because the cost of operation and maintenance of the goods outweigh the benefits gained; 3. the goods are lost, or in conditions of lack of Treasury or loss due to the death of animals or plants; and 4. faced with regulations that mandate to be enforced elimination, except for the purposes of R & D and training. b. goods not moving (BTB) 1. goods in damaged condition; 2. the location of the item to be not in accordance with the General Spatial Plan (RUTR) due to spatial changes of the city; 3. is not meeting the needs of the Organization due to the development of the task; 4. the unification of the location of goods with other goods, the State-owned in order of efficiency; and 5. consideration in the framework of the implementation of the strategic plan of Defense. Part three provisions of the deletion of article 13 (1) the removal of material from the list of items the user and/or list of goods Power Users do in terms of materiel intended are not in User mastery items and/or power user Items as follows: 2009, no. 310 9 a. submission of material to the provider of the goods; b. transfer of status use of material in addition to soil and/or other Items to users of the building; c. pemindahtanganan materially in addition to soil and/or building to another party; d. the Court ruling which has acquired permanent legal force and had no other legal efforts, or performing the provisions of law; e. destruction; and f. other reasons normally can be estimated reasonably be cause the removal of, among others, lost, stolen, burned, shrink, evaporate, melt, exposed to natural disasters, expiration, and death/disability weight/not productive to plant/animal/livestock. (2) the removal is carried out based on the decision letter of removal issued by the user of the goods after obtaining the consent of the provider of the goods. (3) the removal of the operational Department of motor vehicles can only be eliminated when old at least 10 (ten) years: a. calculated from the date, month, year, his acquisition to acquisition in new condition; and b. calculated from the date, month, year of manufacture, for the acquisition of the addition on the letter a; as recorded as State-owned Goods and will not interfere with the conduct of the basic tasks and functions of the organization. (4) removal of a motor vehicle other than as referred to in paragraph (3) may be made when the vehicle is lost, or damaged due to accident or force majeure condition most high 30% (thirty per cent) based on information from the technical functions associated with it. Part four provisions of the destruction of articles 14 (1) may be made in terms of Destruction cannot be used, utilized and transferable as well as other reasons in accordance with the legislation.

2009, no. 310 (2) Culling is done by way of burnt, hoarded, destroyed, sunk in the sea or in accordance with the provisions of the legislation. Removal Procedures part five Article 15 (1) Removal due to the submission of any material to the provider of the Goods is done through stages: a. users of goods obtained the surrender of the assignment decision materially appropriate procedures for the determination of the status of the use of the material; b. submission of assignment decisions based on material goods, the Manager of the user of goods and/or power user Items do the deletion of material in question from the list of items the user and/or list of goods Power Users by publishing the longest deletion decision 1 (one) month from the date of submission of the assignment materially signed; c. copy the decision list of goods the deletion of users and/or the User's power list of goods submitted to the provider of the goods; and d. upon the decision of the removal, the user of goods and/or power user Items referred to the Manager handed the material goods that poured in a news event handover materially. (2) the deletion because of the diversion of the status of the use of the material to users of other goods, is done through the stages: a. upon approval of the transfer of the status of the use of material goods, the Manager of the user of goods and/or power user Items do the deletion of material in question from the list of items the user and/or list of goods Power Users by publishing the longest item deletion decision 1 (one) month from the date of approval of the transfer of status of use of goods was signed; b. effluent removal decision items from a list of Items the user and/or a list of Items the User Power delivered to the provider of the goods; and 2009, no. 310 of 11 c. based on the decision of deletion, the user of goods and/or a power user of goods handed over the material to users of other goods that poured in a news event handover materially. (3) the deletion because pemindahtanganan material, is done through the stages: a. based on the consent of the provider of the material Goods pemindahtanganan, users of goods and/or power user Items do the removal of the goods in question from the list of items the user and/or list of goods Power Users by publishing the longest item deletion decision 1 (one) month from the date of approval of the pemindahtanganan material was signed; b. based on the decision of the removal of the goods in question, the user of goods and/or power user Stuff remove the material from the list of items of power users and memindahtangankan material to the approved provider of the Goods as mentioned in subparagraph a; c. pemindahtanganan the material in the letter b should be poured in the handover event news material; d. removal decision materially from the copies of the list of Goods the user and/or list of goods the following power user news event handover of the goods in question was delivered to the longest Item Manager 1 (one) months from handover; and e. on the basis of the documents in the letter d, the provider of goods to eliminate goods is a published decision of deletion materially if the material in the list State-owned Goods. (4) the deletion because of the things referred to in Article 14 paragraph (1) requiring the destruction is done, is done through the stages: a. preparation: 1. officials who take care of and keep the material delivered a proposal that is in material removal dealing to power user stuff, with supporting data as follows:


2009, no. 310 12 a) reason for deletion, which reflects the fulfillment of requirements of removal with follow-up to be destroyed that is supported by an affidavit from the officials who take care of the material and/or the certificate of an authorized officer; and b) data material proposed to be removed, including a description of the condition, location, price/estimated value of goods acquisition, photocopying documents ownership accompanied the original/photocopy of decision letter of designation status of use (for buildings), identification of goods, as well as photos/pictures over the material in question. 2. Power User Items pose the suggestion of deletion to the user of the goods are accompanied by an explanation of the follow-up elimination in the form of destruction; and 3. The user of the goods conveyed the proposal abolition of the goods to the provider of the goods with the follow-up to the destruction. b. implementation: 1. based on the consent of the provider of the User of the goods, the goods published the decision of the removal of the material the longest one (1) month from the date of approval of the abolition was signed; 2. based on the decision of deletion, the user of goods and/or power user Items to delete material from the list of items the user and/or list of goods power user and perform the destruction over the material is poured in the news events of destruction; 3. removal of material from the decision of the CC list of Items a user and/or list of goods Power users and news events of destruction was delivered to the longest Item Manager 1 (one) month after the destruction; and 4. on the basis of that document in point 3, the provider of goods to eliminate judicial review is published the decision of the removal of the material in the material in the list State-owned Goods. (5) Removal due to a court decision which has acquired permanent legal force and there is no other remedy or 2009, no. 310 13 removal to execute the provisions of the law, done through the stages: a. preparation: 1. officials who take care of and keep the material conveyed the proposal abolition material that is in the Power Users dealing with Items equipped copy/photocopy of the Court ruling, which has been legalised by authorized officials , identity and condition of the goods, the place/location of material and the price of acquisition of material in question; 2. Power User Items pose the suggestion of deletion to the user of the goods with the reasons/explanations of removal; and 3. The user of the goods conveyed the proposal abolition of the goods to the provider of the goods with the reasons/explanations of the proposed deletion. b. implementation: 1. based on the consent of the provider of the User of the goods, the goods published a decree the abolition of most of the old stuff is 1 (one) month from the date of approval of the deletion of material is signed; 2. based on the decision letter of the deletion, the user of goods and/or power user Stuff remove the material from the list of items the user and/or power user and do the news poured in the event the removal of material; 3. copies of the decision of the removal of the goods and the removal of any material event news delivered to the longest Item Manager 1 (one) month after the destruction; and 4. on the basis of that document in point 3, the provider of goods to eliminate judicial review is published the decision of the removal of the material in the material in the list State-owned Goods. (6) Removal due to other reasons, made through the stages: 2009, no. 310 14 a. preparation: 1. officials who take care of and keep the material conveyed the proposal abolition material that is in the Power Users dealing with Goods furnished affidavits from authorized agencies/audit results, in accordance with the cause of the proposed removal, identity and condition of the material, where the material location and price/earnings estimates of the value of the goods in question; 2. Power User Items pose the suggestion of deletion to the user of the goods with the reasons for the proposed deletion; and 3. The user of the goods conveyed the proposal materially to removal goods Manager carries the reasons/explanations of the proposed deletion. b. implementation: 1. based on the consent of the provider of the User of the goods, the goods most goods removal decisions published long 1 (one) month from the date of approval of the deletion of material is signed; 2. based on the decision of the removal of the material in question, the user of goods and/or power user Stuff remove the material from the list of items the user and/or power users and make the news event suitable reason for deletion; 3. removal of material and copies of decisions of a news event were conveyed to the longest Item Manager 1 (one) month after the removal; and 4. on the basis of that document in point 3, the provider of goods to eliminate judicial review is published the decision of the removal of the material in the material in the list State-owned Goods. The sixth section of the Reporting article 16 (1) the user is obliged to submit a report Item implementation of the removal to the provider of the goods with the enclosed decision of removal, removal, event news and/or proof setor, treatise 2009, no. 310 of 15 auctions, and other documents, at least 1 (one) month after the handover. (2) the power of the user of the goods obliged to submit a report of the implementation of the removal of Goods to users with attached with a warrant of execution of the removal, removal, event news and/or proof setor treatise, auctions, and other documents, at least three (3) weeks after the handover. (3) change the list of Items the user and/or power user Item List as a result of the deletion should be noted in the annual report and Semiannual Report Users of goods and/or power user stuff. CHAPTER IV LEVEL of AUTHORITY and RESPONSIBILITY article 17 authority Level and the responsibility of coaching the country's defense material removal include aspects of: a. policies; b. planning; c. implementation; and d. the supervisory control. Article 18 the level of authority and responsibility on this aspect of the policy referred to in article 17 the letter a is set as follows: a. Dephan formulate general policy regarding the construction of the removal; b. TNI Headquarters formulated: 1. operational implementation of technical policy construction material removal of TNI; and 2. the technical construction of the policy objective was the Elimination of the AIR FORCE which is the item that is shared, along with guidelines and technical instructions. c. UO Force formulated: 1. operational implementation of technical policy fostering the Elimination of material Force; and 2. the technical implementation of the policy objective was to Force deletion of coaching as well as guidelines and technical instructions.

2009, no. 310 16 Article 19 level of authority and responsibility in the planning aspect as mentioned in article 17 the letter b as follows: a. Dephan formulating and drafting plans, programs and budgets of the construction material removal; b. TNI Headquarters to formulate and compiled: 1. determination of the priority objectives of the construction material removal for the scope of the INDONESIAN ARMED FORCES; and 2. plan, program and budget in the field of construction material removal of TNI. c. UO Force devised: 1 gather and prioritize targets the removal of material Force; and 2. plan, program and budget in the field of the construction of the penghapusa material Force. Article 20 the powers and responsibility Level on aspects of implementation referred to in article 17 the letter c as follows: a. Dephan: 1. determine the policy of removal of material Goods as a User State Defense; 2. carry out activities fostering the Elimination of judicial review as a power user of the goods; and 3. carry out the removal process in accordance with applicable. b. TNI Headquarters: 1. coordinate the implementation of the activities of the construction material removal is done by Force; 2. carry out the construction of the removal of the AIR FORCE materiel; and 3. carry out the removal process in accordance with applicable. c. UO Force carry out its activities: 1. the construction of the penghapuasan material Force; and 2. carry out the removal process in accordance with applicable. Article 21 An authority and responsibility on the supervisory control as stipulated in article 17 the letter d as follows: 2009, no. 310 17 a. Dephan carry out supervisory control of the process and the results of the removal of material; b. TNI Headquarters carrying out supervisory control of the process and the results of the implementation of the programme of activities of the removal of the material in the AIR FORCE environment; and c. UO Forces carrying out the supervision and control of the process and the results of the implementation of the programme of activities of the construction material removal in the environment of the host. Chapter V CLOSING PROVISIONS Article 22 at the time of this ministerial regulation came into force, all the rules relating to the implementation of the execution of the construction of the removal of the Material in the environment the Department of Defense and the national army declared Indonesia continue to apply all the conflicting and/or not yet reimbursed based on ministerial regulation. Article 23 this Ministerial Regulation comes into force on the date specified. In order to make everyone aware of it, ordered the Enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on 3 September 2009, DEFENSE MINISTER JUWONO SUDARSONO Enacted in Jakarta on September 24, 2009 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA