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Government Regulation No. 15 Of 2004

Original Language Title: Peraturan Pemerintah Nomor 15 Tahun 2004

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Company as referred to in Section 2 is the State-Owed Business Agency that is assigned the task and authority to carry out the structuring of housing and settlements.
.,, (2) The Company does its efforts based on the provisions as set out in this Government Regulation and the applicable per-invite rule.
.,, (3) By not reducing the provisions in this Government Regulation, against the Company applicable Indonesian law.

Second Part
Position and Term

Section 4
The company is headquartered and headquartered in Jakarta.

Section 5
The company is set up for an unspecified period of time.

Third Part
Nature, Mean, and Purpose

Section 6
.,, (1) The nature of the Company ' s efforts is to provide service services for general benefit by acquiring an advantage based on the principle of corporate affairs.
.,, (2) The intent of the establishment of the Company is:
., a., a. to carry out the structuring of housing and settlements for the community;
., b. In particular, perform certain tasks that the Government provides in order to fulfill the housing needs of the low-income people.
.,, (3) The purpose of the Company is to realize decent and affordable housing and settlements based on the spatial plan that supports the development of the region on a continuous basis.

Fourth Part
Activities and Development

Article 7
To achieve the Company ' s intent and objectives as referred to in Section 6, the Company organizes the following efforts:
., a., a. residential and residential settings;
., b. hosting housing development in the framework of the fulfillment of housing needs for the middle-income communities to the bottom;
., c. ministry of consulting services and advocacy in the areas of housing and settlements;
., d. the management of the land which is controlled by the authority of the planning and the use of the land in question; the use of the land for the purposes of its efforts; the submission of the parts of the land below the house/building and/or transfer of the land. (Sold) the land which is already matted following the necessary infrastructure to build the building;
., e. Other business activities that support the intent and purpose of the Company.

Article 8
To support the financing of activities in order to achieve the Company ' s intent and purpose as referred to in Article 6, with the approval of the Minister of Finance, the Company may:
., a., a. conducting business and/or joint ventures with other enterprise entities;
., b. form a subsidiary;
., c. did the inclusion of capital in other business bodies.

Article 9
.,, (1) To carry out its duties as referred to in Article 7 of the letter a, letter b, letter c, letter d and letter e the Company may master the land required with the right of management, building rights and the right to use according to the rules Applicable laws.
.,, (2) Surrender and/or use of the ground as referred to in paragraph (1) to the other party, done in accordance with applicable laws.

Fifth Part
Capital

Article 10
.,, (1) The Company ' s Modal is a wealth of State that is separated from the State Budget and Shopping Budget and is not divided over the shares.
.,, (2) The Company ' s capital is as large as the entire value of the inclusion of State capital embedded within the Company.
.,, (3) The inclusion of the State capital as referred to in verse (2) as of December 31, 2001 amounted to Rp431.673.246.588.00 (four hundred and thirty one billion six hundred and seventy three million two hundred and forty six thousand five hundred and eighty-eight thousand rupiah) consisting of:
., a., a. The Founding Capital of the Company acquired in 1974 amounted to Rp1,000.000.00 (one billion rupiah);
., b. addition to the inclusion of the State Capital derived from the State Budget and Shopping Budget Year 1975/1976 to 1990/1991 of Rp212.090.765,190.00 (two hundred twelve billion ninety million seven hundred and sixty-five thousand One hundred and ninety rupiah);
.,, c. conversion of an ex-debt pidebt. The cost of the World Bank consultancy services became an additional inclusion of the State capital acquired in 1982 of Rp3,658,072.126.00 (three billion six hundred fifty-eight million seventy-two thousand hundred and twenty-six rupiah);
., d. The construction funds for the construction of the rental house (rusunawa) acquired in 1994 until 2001 amounted to Rp 194.330,769,594.00 (one hundred ninety-four billion three hundred and thirty-nine thousand five hundred and nine thousand five hundred and nine thousand five hundred and ninety-nine thousand. Twenty-four rupiah);
., e. Sales results for the sale of the ex -NV. The Volkshuisvesting obtained in 1991 up to 2001 amounted to Rp 8,080.565,400,00 (eight billion eighty million five hundred and sixty five thousand four hundred rupiah);
., f. The wealth of the country is the Suriakencana Wood Production Unit in CiRhinearth, Sukabumi and the Semarang Wood Processing Unit designated as the addition to the inclusion of the State Capital with Government Regulation No. 7 of 1988 amounted to Rp 4,800,000.00 (four billion eight hundred million rupiah);
., g. Land at:
.,, 1) Klender of 150 Ha & di Cengkareng area of 144 Ha acquired in 1975 worth Rp2,476,681,086.00 (two billion four hundred seventy six million six hundred and eighty-one thousand eighty-six rupiah);
.,, 2) Depok of 112,977 Ha obtained in 1975 worth Rp671.739.192,00 (six hundred seventy one million seven hundred and thirty-nine thousand rupiah); and 3) Bekasi of 62.56 Ha set as The addition of the inclusion of State Capital with Government Regulation No. 29 of 1994 is worth Rp 4,564,654,000.00 (four billion five hundred and sixty-five million six hundred and fifty-four thousand rupiah).
.,, (4) Any addition and reduction of the inclusion of State capital within the Company stemming from the State Budget and Shopping Budget is set out with Government Regulation.
.,, (5t the life and life of the living. A living.
., 11. The housing arrangement includes new construction activities, restoration, improvement, expansion, maintenance and its maintenance.
., 12. The settlement arrangement includes new development activities, improvements, rejuvenation, expansion, maintenance and its maintenance.

BAB II
THE ESTABLISHMENT OF THE COMPANY

Section 2
The company established with Government Regulation No. 29 of 1974 as amended by Government Regulation No. 12 of 1988, continued to be established and forwarding its efforts according to the provisions of the Government Regulation. this.

BAB III
THE CORPORATE BASE BUDGET

The First Part
Common

Section 3
.,, (1) The erned Board of Directors is informed in writing by the Minister Finance about the dismissal plan.
.,, (4) During the dismissal plan as referred to in paragraph (3) is still in the process, then the concerned members of the Directors can continue its duties.
.,, (5) If in the term 2 (two) months from the date of the self-defense delivery as referred to in paragraph (3) the Finance Minister does not provide the decision of the dismissal of the Board of Directors, then the termination plan is It's off
(6), (6) the Pit Stop for the reason as referred to in verse (1) the letter e, is a stop not with respect.
.,, (7) The occupation as a member of the Board of Directors ends with the issuer of a dismissal decision by the Minister of Finance.

Article 22
.,, (1) the Directors are assigned a task and have the authority to:
., a., a. lead, take care of and manage the Company in accordance with the Company's objectives with the continued effort to improve the purpose and results of the Company;
., b. represent the Company in and out of court;
., c. propose a policy development policy that has obtained the approval of the Supervising Board to the Finance Minister;
., d. implement a business development policy in taking care of the Company ' s established Finance Minister;
., e. prepare for the IBM Software as a Service (s);
., f. Hold and maintain the accounting and administration of the Company in accordance with the conduct of the applicable Company;
., g. prepare the organization's organizational structure and layout complete with the details of its duties;
., h. prepare an Annual Report and a Time Report;
., i. control, maintain, and take care of the Company's wealth;
., j. establish the Company ' s policies in accordance with the business development policies set forth by the Minister of Finance;
., k. conduct business cooperation, form a subsidiary and carry out capital disputes in other business bodies with the approval of the Minister of Finance;
., l. lift and dismiss the Company's employees in accordance with the provisions of the applicable employment regulations in the field of employment;
., m. establish salary, pension/old day warranties and other income for the Company's employees and governs all other matters of employment, in accordance with the provisions of the applicable employment in the employment field.
.,, (2) To host the duties and authority as referred to in paragraph (1), the Board of Directors assigns technical and non technical indiscretion in accordance with the Company ' s discretion as referred to in paragraph (1) the letter j.

Section 23
.,, (1) In performing the Company ' s tasks as referred to in Article 22:
., a., a. The Principal Director is entitled and authorized to act for and on behalf of the Directors under the consent of other members of the Directors;
., b. The directors are entitled and authorized to act for and on behalf of the Directors, each corresponding to the field of duty and authority.
., (2) If one or more of the members of the Board of Directors remain in order to perform his work or if the office is free and his replacement has not yet been raised or has not yet taken up his post, then the post is held by the members. Other directors were temporarily appointed by the Supervising Board.
.,, (3) the Supervising Board shall deliver the appointment letter as referred to in paragraph (2) to the Minister of Finance the slowest 14 (fourteen) days from being issued.
.,, (4) In the slowest 2 (two) months of the time since the receipt of the notice of the Supervising Board as referred to in paragraph (3), the Minister of Finance appoints a new member of the Board of Directors to appoint a free office. as it is in paragraph (2).
.,, (5) If all members of the Board of Directors continue to exercise their work or the post of the Board of Directors all and have not been appointed, then while the timing of the Company's business is run by the Supervising Board.
.,, (6) In exercising the duties and authority as referred to in Section 22 of the paragraph (1) the letter b, the Board of Directors may execute itself or submit such power to:
., a., a. one or more of the members of the company.
., b. one or more of the Company's employees whether or not they are together; or
.,, c. people or other bodies;
.,, specially designated for that matter.

Section 24
Members of the Directors as referred to in Section 23 of the paragraph (6) of the letter a not authorized to represent the Company if:
., a., a. A case in front of a court between the Company and its members of the Board of Directors
., b. Concerned members of the Board of Directors are in the interest of the Company's interests.

Section 25
In carrying out its duties, the Directors are obliged to devote their attention and devotion in full to the duties, obligations and achievement of the Company ' s objectives.

Article 26
The large and type of income of Directors are set to conform to the applicable laws.

Section 27
.,, (1) The Board of Directors is held at least 1 (one) month.
., (2) In the meeting as referred to in paragraph (1) are discussed matters relating to the Company in accordance with the duties, authority and obligations.
.,, (3) The decision of the Board of Directors is taken on the basis of deliberations for the mufakat.
.,, (4) In terms of not being achieved the word mufakat, then the decision is taken on the basis of the most votes.
.,, (5) For each meeting is made up of a meeting treatise.

Article 28
.,, (1) The Plan of the Long Term Plan as referred to in Section 22 of the paragraph (1) of the letter e, at least loading:
., a., a. evaluation implementation of the previous Long-Term Plan;
., b. Company's position at the time the Company is building a Long Term Plan
., c. Assumptions used in the drafting of the Long-Term Plan;
., d. Mission assignments, objectives, strategies, policies and the work program of the Long-Term Plan and the interconnectedness between these elements.
.,, (2) The Design of the Long-Term Plan jointly signed by Directors with the Supervising Board, is delivered to the Finance Minister to be passed.

Article 29
.,, (1) The Plan of Work Plan and the Company ' s Budget as referred to in Section 22 of paragraph (1) of the letter e at least contains:
., a., a. Company's work plan;
B. Enterp
., e. Found guilty by a court decision that has a fixed legal force;
., f. passed away;
., g. Resign.
., (2) The decision of dismissal for reason as referred to in verse (1) the letter b, the letter b, the letter c and the letter d, are taken after the concerned is given the chance of self-defense.
.,, (3) the self-defense as referred to in paragraph (2) is conducted in writing and delivered to the Minister of Finance within 1 (one) of the month count since the member of the conctext-align: center;"> Article 39
To help the agility of the execution of the Supervising Board 's duties, the Finance Minister can appoint a Secretary of Supervising Board over the Company' s load.

Section 40
If deemed necessary, the Supervising Board in carrying out its duties may obtain expert power assistance strapped to a contract for a given time over the Company ' s load.
Section 41
All fees are required in order to perform the Supervising Board duties charged to the Company and are clearly contained in the Company ' s Work and Budget Plan.

Article 42
.,, (1) The Supervising Board Meeting is conducted at least 1 (one) of the month.
.,, (2) In the meeting as referred to in paragraph (1), discussed matters relating to the Company in accordance with the duties, authority and obligations of the Supervising Board.
.,, (3) The Supervising Board meeting is taken on the basis of deliberations for the mufakat.
.,, (4) In terms of unattainable word mufakat, decisions are taken on the basis of the most votes;
.,, (5) For each Meeting are made meeting treatises.

Section 9
Internal Supervision Unit

Article 43
.,, (1) Intern Surveillance Unit carrying out internal financial and operational supervision of the Company.
.,, (2) the Intern Surveillance Unit as referred to in paragraph (1) is led by a Chief who is responsible to the Principal Director.

Section 44
Internal Monitoring Unit on duty:
., a., a. assist the Principal Director in performing the Company's financial and operational examination, assessing the controls, management and implementation of the Company and providing the repair suggestions; and
., b. Provide a description of the results of the examination or the results of the Intern Surveillance Unit task execution as referred to in the letter a to the Board

Section 45
The directors are obliged to pay attention and immediately take the necessary steps over everything put forth in each report of the check results made by the Intern Surveillance Unit.

Section 46
At the written request of the Supervising Board, the Directors provide the description of the examination results or the results of the Intern Surveillance Unit task execution as referred to in Article 44 of the letter b.

Section 47
In performing its duties, the Intern Surveillance Unit is obliged to keep the task of the task force of other organizations within the Company in accordance with their respective duties and responsibilities.

Section Tenth
Audit Committee and Other Committee

Section 48
.,, (1) The Board of Trusts is required to form an Audit Committee that works collectively and serves to assist the Supervising Board in carrying out its duties.
.,, (2) the Audit Committee as referred to in paragraph (1), is led by a Chairman in charge of the Supervising Board.
.,, (3) The Chairman of the Audit Committee is a member of the Audit Committee coming from a member of the Supervising Board.

Section 49
The Audit Committee is tasked to:
., a., a. Assess the execution of activities and results of audits executed by the Intern Surveillance Unit or an external auditor;
., b. Provide recommendations for the improvement of the management control system and implementation;
., c. Ensure that you have a satisfactory review procedure against any of the information issued by the Company;
., d. Identifying matters that require the attention of the Supervising Board as well as other Supervising Board tasks.

Section Eleventh
Other Committee

Section 50
The Supervising Board may form another committee set by the Finance Minister to assist the task of the Supervising Board.

The Twelfth Part
Accounting and Reporting

Section 51
The Company Book Year is a taxable year, unless otherwise specified by the Minister of Finance.

Section 52
The annual calculation is made in accordance with the applicable Financial Accounting Standards.

Section 53
Within 5 (5) months after the Company ' s book year is closed, Directors are required to deliver an annual report as referred to in Article 22 of the paragraph (1) letter h to the Finance Minister containing at least:
., a., a. the annual calculation consisting of the final balance sheet of the past year and the calculation of the profits from the year of the book concerned as well as the explanation of the document;
., b. A report on the company's circumstances and the path and results that have been reached;
.,, c. Corporate primary activities and changes during the year of the book;
., d. details of problems arising during the year of the book affecting the Company ' s activities;
., e. name of the Board of Directors and Supervising Board; and
., f. salary as well as other benefits for members of Directors and honorarium as well as other benefits for members of the Supervisory Board.

Section 54
.,, (1) The annual report is signed by all members of the Board of Directors and the Supervising Board as well as presented to the Finance Minister.
., (2) In terms of the members of the Board of Directors and the Supervising Board do not sign the annual report as referred to in paragraph (1), it must be mentioned the reason in writing.

Section 55
.,, (1) the annual calculation is delivered by the Directors to an external auditor appointed the Finance Minister, to be examined.
., (2) The report of the results of the external auditor examination as referred to in paragraph (1) is delivered in writing by the Director to the Finance Minister to be authorized.
.,, (3) The Annual calculation as referred to in paragraph (2) is announced in the daily newspaper.

Section 56
., (4) The unrest as referred to in Article 55 of the paragraph (2) frees the Board of Directors and the Supervising Board of responsibility for everyv> ., e. attend a meeting of the Directors and provide views on the things that are discussed;
., f. under the provisions of this Government Regulation, grant consent or assistance to the Board of Directors in performing certain legal deeds;
., g. under the provisions of this Government Regulation or the decision of the Minister of Finance conducting the actions of the Company ' s business in terms of its Directors are not
., h. dismiss while the Directors, by mentioning the reason.

Chapter IV
OTHER LAIN-CONDITIONS

Section 71
.,, (1) With the Regulation of Government Number 41 of 2003 on Devolution, Duty and Authority of Finance Minister in Perseroan Company (PERSERO), General Company (PERUM) and JOffice (PERJAN) to the Minister of State The State-owned Enterprises, then the Finance Minister's authority in the Government's Regulations devolve to the State Minister of State-owned Enterprises, except in the case of:
., a., a. The company's corporate capitation on the Company's capital;
., b. The proposal for any inclusion of the State of the State into the Company is derived from the State Budget and Shopping Budget.
.,, (2) State Minister of State Owned Enterprises First got the approval of the Minister of Finance in regards to granting the Company approval to conduct activities as referred to in Article 8 of this Government Regulation, which resulted in the addition of the inclusion of the State capital that derived from the State Budget and Revenue Budget funds, into the Company.

Section 72
The Office of the State Minister of State Property is an element in the Supervising Board as referred to in Article 33 of this Government Regulation.

Chapter V
THE TRANSITION PROVISION

Section 73
At the time of the enactment of this Government Regulation, all provisions of the implementation which have been established and enacted under Government Regulation No. 12 of 1988 remain in effect throughout the non-contradictory and have not been replaced with the provisions of the Government new that are set and enforced under this Government Regulation.

Chapter VI
CLOSING PROVISIONS

Section 74
With the enactment of this Government Regulation, then Government Regulation No. 12 of 1988 is declared no longer valid.

Section 75
This Government Regulation shall come into effect on the date of promulglement.

For everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on May 10, 2004
President of the Republic of Indonesia,

Megawati Soekarnoputri

Promulgated in Jakarta
on May 10, 2004
Secretary of State of the Republic of Indonesia,

Bambang Kesowo
on Thirteen
Reserve Funds Usage

Section 62
.,, (1) Each year of the book, the Company is obliged to set aside a certain amount of net profit for backup.
.,, (2) The net profit prelimination as referred to in paragraph (1), is done until the backup reaches at least 20% (twenty percent) of the Company's capital.
.,, (3) The reserve funds up to a sum of 20% (twenty percent) of the Company 's capital, used only to close the Company' s losses.
.,, (4) If the reserve funds have exceeded 20% (twenty percent), then the Finance Minister may decide that the excess of such reserve funds be used for the purposes of the Company.
.,, (5) the Board of Directors must manage the backup funds in order for such backup funds to obtain a profit in a manner that is considered good by it with the approval of the Supervising Board and with regard to applicable laws.
.,, (6) the Laba obtained from the management of the reserve funds as referred to in paragraph (5), is included in the calculation of the damages.

Section Sixteenth
Other Terms

Article 63
Order sales, transfer, or charging over fixed assets as well as high/medium term loan receipts and loans in any form and manner and do not collect again and remove from bookkeeping. The debt and supply of goods by the Company, specified in accordance with the provisions of the applicable perinvitation rules.

Section 64
The procurement of the Company ' s goods and services using direct funds from the State Budget and Shopping Budget (APBN) is implemented in accordance with the provisions of the State Shopping and Shopping Budget.

Section 65
.,, (1) The Corporate Organ is the Minister of Finance, Directors and Supervising Board.
.,, (2) In addition to the Company 's organs as referred to (1), any other party is prohibited from interfering with the Company' s management.
.,, (3) The Department/Instancy of the Government is not justified to burden the Company with any form of expenditure.
.,, (4) the Company is not justified in financing the needs of the Department/Government Institances of the Government.

Section 66
.,, (1) the Directors may only apply to the State Court for the Company to be declared pailit under the approval of the Minister of Finance.
.,, (2) In the case of bankruptcy occurring because of the error or omission of the Board of Directors and the wealth of the Company is not sufficient to close the loss due to the pailitan, then each member of the Board of Directors is responsively responsible for the loss That.
.,, (3) A member of the Board of Directors who can prove that the pailitan is not due to an error or a negligence, it is not responsible for a liability for such loss.

Section 67
.,, (1) the members of the Board of Directors and all employees of the Company due to the actions against the law pose a loss for the Company, required to indemnate such damages.
., (2) The provisions of the compensation as referred to in paragraph (1) of the Board of Directors are governed by the Minister of Finance, whereas against the employees of the Company is governed by the Directors in accordance with the provisions of the applicable laws.

Section 68
All letters and valuable letters that are included in the bookkeeping group and the Company administration are kept in place of the Company or other places in accordance with the applicable laws of law.

Section 69
.,, (1) The dissolution of the Company is set with Government Regulation.
.,, (2) The dissolution of the Company followed with the liquidation act carried out by the liquidator.
.,, (3) The appointment of liquidators is carried out by the Minister of Finance.
.,, (4) If the Finance Minister does not appoint liquidator, then the Directors act as liquidator.
.,, (5) All of the Company ' s wealth after being held liquidated, becomes the property of the State.
.,, (6) If not otherwise specified in the Government Regulation as referred to in paragraph (1), the remainder of the liquidation result is made directly to the State Kas.
.,, (7) Likuidator accounted for liquidation to the Minister of Finance.
.,, (8) the Finance Minister gave the release of responsibility about the work that has been resolved liquidatur.

Section 70
The leadership of the organizat