Government Regulation Number 96 Year 1999

Original Language Title: Peraturan Pemerintah Nomor 96 Tahun 1999

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f681e88f0b6d5313232313036.html

PP 96-1999 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 220, 1999 (explanation in an additional Sheet of the Republic of Indonesia Number 3918) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 96 in 1999 ABOUT the TRANSFER of the POSITION, duties and AUTHORITIES of the MINISTER of FINANCE AS the GENERAL MEETING OF SHAREHOLDERS (GMS) or SHAREHOLDERS in the COMPANY (PERSERO) CORPORATE and LIMITED LIABILITY COMPANY which is PARTLY OWNED by the REPUBLIC of INDONESIA to the MINISTER of STATE for INVESTMENT and the CONSTRUCTION of STATE-OWNED ENTERPRISES PRESIDENT REPUBLIC of INDONESIA ,.,, Considering: a. that with respect to the establishment of the State Minister of Investment and the construction of State-owned enterprises in the national unity Cabinet in order to improve the performance and efficiency of State-owned enterprises (SOEs), the perceived need to shift position, duties and authorities of the Minister of finance as the general meeting of shareholders (GMS) and the shareholders of the company on the company (PERSERO) and limited liability companies that are partly owned by the State of the Republic of Indonesia to the Minister of State for Investment and the construction of State-owned enterprises;
.,, b. that the transfer referred to in point a, needs to be established by regulation of the Government;
.,, Considering: 1. Article 5 paragraph (2) and article 33 of the Constitution of 1945;
., ,2. Act No. 9 of 1969 concerning the determination of the Government regulation of a replacement law number 1 Year 1969 about State Business Forms (State Gazette number 16 in 1969, State Gazette Supplementary Number 2890);
., ,3. Law No. 1 year 1995 concerning limited liability companies (State Gazette No. 13 in 1995, an additional State Gazette Number 3587);
., ,4. Government Regulation number 12 in 1998 about the company Company (PERSERO) (State Gazette No. 15 of 1998, an additional State Gazette Number 3731);
DECIDED:.,, set: GOVERNMENT REGULATION of the TRANSFER of the POSITION, duties and AUTHORITIES of the MINISTER of FINANCE AS the GENERAL MEETING OF SHAREHOLDERS (GMS) or SHAREHOLDERS in the COMPANY (PERSERO) CORPORATE and LIMITED LIABILITY COMPANY which is PARTLY OWNED by the REPUBLIC of INDONESIA to the MINISTER of STATE for INVESTMENT and the CONSTRUCTION of STATE-OWNED ENTERPRISES.
Article 1 the position, duties and authorities of the Minister of finance who represent the Government as the general meeting of shareholders (GMS) or the shareholders on the company's Company (PERSERO) stipulated in Government Regulation No. 12 in 1998 about the company (PERSERO) Corporate and limited liability company which is part of the airline, owned by the Republic of Indonesia, be transferred entirely to the State Minister of Investment and the construction of State-owned enterprises.

Article 2, (1) the transfer of the position, tasks and authorities referred to in article 1, covers also the activities of administering every State capital participation these changes into a PERSERO, limited liability company that is partly owned by the State of the Republic of Indonesia and the inclusion-inclusion is done by PERSERO.
.,, (2) administering activity report referred to in subsection (1), submitted to the Minister of finance to administering to know the financial position of the State in State-owned enterprises.
Article 3 (1) with the entry into force of this Regulation, then:.,,.,, a. Government Regulation Number 50 in 1998 about the transfer of the position, duties and authorities of the Minister of finance as the Shareholder or the general meeting of shareholders (AGM) of the Company (PERSERO) to Minister of State for administrative State-owned enterprises (State Gazette Number 82 in 1998, an additional State Gazette Number 3758);
.,, b. Presidential Decree Number 38 in 1999 about the types and criteria of a particular Company Can be excluded from the transfer of the position, duties and authorities of the Minister of finance as the Shareholder or the general meeting of shareholders (GMS) to Minister of State for administrative State-owned enterprises;
.,, c. presidential instruction No. 15 in 1998 about the transfer of Coaching against the company by the company (PERSERO) and limited liability companies that are Partly Owned by the State of the Republic of Indonesia to the Minister of State for administrative State-owned enterprises;
.,, d. Provisions of the legislation which is contrary to the rules of this Government.
.,, (2) All the provisions issued by the Minister of finance or the Minister of State for administrative State-owned enterprises in the position as the representative of the Government as the general meeting of shareholders (GMS) or shareholders in a limited liability company that REFINES and partly owned by the State of the Republic of Indonesia, continue to apply all the conflicting and/or not yet reimbursed based on government regulations.
Article 4 this Regulation comes into force on the date of enactment and retroactive accounting as of the date of the formation of the national unity Cabinet.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on 22 December 1999 the PRESIDENT of INDONESIA, ABDURRAHMAN WAHID Enacted in Jakarta on December 22, 1999 MINISTER of STATE SECRETARY of STATE of the REPUBLIC of INDONESIA, ALI RAHMAN STATE GAZETTE EXTRA RI No. 3918 (explanation of the 1999 State Gazette Number 220) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 96 in 1999 ABOUT the TRANSFER of the POSITION, duties and AUTHORITIES of the MINISTER of FINANCE AS the GENERAL MEETING OF SHAREHOLDERS (GMS) or SHAREHOLDERS in the COMPANY (PERSERO) CORPORATE and LIMITED LIABILITY COMPANY SHARES a PORTION of

OWNED by the REPUBLIC of INDONESIA to the MINISTER of STATE for INVESTMENT and the CONSTRUCTION of STATE-OWNED ENTERPRISES, PUBLIC facilities, in order to optimize national economy, then against the State-owned enterprises (SOEs) as the unit of perpetrators of economic activities need to be done the efficiency, effectiveness and performance improvements so as to provide an optimal contribution towards national economic development aiming to prosper in society.
., Effort, increased efficiency, effectiveness and performance of STATE-OWNED ENTERPRISES, has been done by the Government and will continue. One of the policy measures that have been undertaken is diverted from STATE-OWNED legal entity form public company (PUBLIC CORPORATION) became the company's Company (PERSERO). In addition to the reason for increased efficiency, effectiveness and performance, this form of diversion of, among others, also with the consideration that shapes and REFINES the legal entity subject to the complete device limited company law. In addition, legal entities PERSERO, easier invasion efforts internationally and are eligible to enter the capital market. Based on these considerations, then the existence of the business units of the country in the form of a limited liability company and REFINES needs to be retained and not modified into other forms. This is in line with the outlines of the bow of the country in 1999-2004 which confirms the policy directions of Economics in between is the "healthy state-owned enterprises/owned enterprises Areas especially his efforts with regard to the public interest. For State-owned enterprises that his efforts are not related to the public interest are encouraged to privatization through capital market ".
.,, PERSERO and limited liability company which is partly owned by the State of RI is the expected state business form can contribute optimally to the national economic development. In order to optimize the contribution of the business entities, felt the need to improve its performance by conducting hands-on coaching Sepik. For that a special agency was formed to represent the Government in doing coaching against PERSERO and limited liability company which is partly owned by the State of RI.
., In fact, coaching should be implemented by the general meeting of shareholders (GMS) or shareholders. With the establishment of State Minister of capital investment and the construction of State-owned enterprises based on Presidential Decree Number 355/M in 1999 and Presidential Decree Number 134 in 1999, then in order for the coaching duties can be carried out in accordance with the principles of corporate law No. 1 year 1995, needs to be assigned a provision that shifted position, duties and authorities of the Minister of finance as the GENERAL MEETING OF SHAREHOLDERS or shareholders on the company's Company (PERSERO) stipulated in Government Regulation No. 12 of 1998 about company Company (PERSERO) and Company Limited which is partly owned by the State of the Republic of Indonesia to the Minister of State for Investment and the construction of State-owned enterprises.
., Diversion, position, duties and authorities of the above, including also the activity of administering every State capital participation these changes into the inclusion-inclusion is done by PERSERO. Administering the activities report submitted to the Minister of finance each year for administering to know the financial position of the State in State-owned enterprises.
., The above, redirects, viewed the need to set up with government regulations.

The SAKE ARTICLE ARTICLE article 1.,, is a "completely routed" is that the transfer of the position of the include all duties and authority as the general meeting of shareholders (GMS) and shareholders including the founder stipulated in Act No. 1 of 1995 and Government Regulation No. 12 in 1998. Thus, the then Minister of State for Investment and the construction of State-owned enterprises holding the authority as the representative of the Government among others in:

.,, a. establishment of a new establishment or REFINES the new limited liability company that is partly owned by the State of the Republic of Indonesia, including the determination of the balance sheet Bookkeeping;
.,, b. coaching PERSERO and limited liability company which is partly owned by the State during the period of its operation, including the reorganization and dissolution as well as the determination of the balance sheet's closing after audited by the financial and development Supervisory Agency (BPKP) or public accounting. In terms of equity Capital for the establishment of the State REFINES or inclusion in the limited liability company which is partly owned by the State, the Fund comes from the budget of the State Expenditures and Revenues, then Minister of finance as the Treasurer of the State do the budget over the separation to be handed over to State Minister of capital investment and the construction of State-owned enterprises as the Government representatives as the founder or who did the inclusion of capital.

Article 2, paragraph (1), administering, activity here is very closely related to the management of data on the magnitude of the wealth of the country that have been separated for embedded partially owned by the State. Therefore, in order that the data is always accurate following any change in the country's capital participation for the purposes of the preparation of the strategy of the construction company, then the administering the activities need to be undertaken by government agencies that are tasked with representing the Government doing coaching against PERSERO. Subsection (2), clearly Enough, article 3, article 4, is clear enough, clear enough,