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Government Regulation Number 96 Year 1999

Original Language Title: Peraturan Pemerintah Nomor 96 Tahun 1999

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 220, 1999 (Explanation in Additional State Sheet of the Republic of Indonesia Number 3918)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 96 YEAR 1999
ABOUT
ASSIGNMENT OF POSITION, DUTY AND AUTHORITY
THE FINANCE MINISTER AS GENERAL MEETING OF THE SHAREHOLDERS
(RUPS) OR SHAREHOLDER IN THE COMPANY OF THE COMPANY
(PERSERO) AND A LIMITED LIABILITY COMPANY THAT IS PARTIALLY IN STOCK
OWNED BY THE REPUBLIC OF INDONESIA TO
MINISTER OF STATE INVESTMENT AND COACHING
THE STATE-OWNED BUSINESS AGENCY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that in connection with the establishment of the Minister of State Cultivation and Development of the State-owned Enterprises in the Cabinet of National Unity as well as in order to improve the performance and efficiency of the State-Owed Enterprises Agency (BUMN), it is seen as necessary to Diverts, duties and authority of the Minister of Finance as General Shareholders Meeting (RUPS) and Shareholders in the Perseroan Company (PERSERO) and Limited Perseroan which are partially owned by the State of the Republic of Indonesia to State Minister of Capital and Coaching Entity of the State of the State;
., b. that the diversion as referred to in item a, needs to be set with the Government Regulation;

.,, Given: 1. Section 5 of the paragraph (2) and Article 33 of the Basic Law of 1945;
., 2. Law Number 9 of 1969 on Establishing The Regulatory Government Ordinance Number 1 Year 1969 on State Forms Of Business (State Sheet 1969 Number 16, Additional State Sheet Number 2890);
., 3. No. 1 Act 1995 on Limited Perseroan (State Sheet Of 1995 Number 13, Additional Sheet Country Number 3587);
., 4. Government Regulation Number 12 of 1998 of the Company Perseroan (PERSERO) (State Sheet 1998 Number 15, Additional Gazette State Number 3731);

DECIDED:

.,, assigning: GOVERNMENT REGULATIONS ON ASSIGNMENT OF POSITION, DUTY AND AUTHORITY OF THE FINANCE MINISTER AS A GENERAL MEETING OF SHAREHOLDERS (RUPS) OR SHAREHOLDERS IN THE COMPANY OF THE COMPANY (PERSERO) AND LIMITED LIABILITY IN PART. IT IS OWNED BY THE REPUBLIC OF INDONESIA TO THE STATE MINISTER OF CAPITAL PLANTING AND THE COACHING OF THE STATE-OWNED BUSINESS AGENCY.

Section 1
The position, duties and authority of the Minister of Finance representing the Government as the General Meeting of Shareholders (RUPS) or Shareholders in the Company (PERSERO) as set out in Government Regulation Number 12 of 1998 on The company Perseroan (PERSERO) and Limited Perseroan which is partially owned, owned by the State of the Republic of Indonesia, is transferred completely to the Minister of State Cultivation Of Capital and The Development Of The State-owned Venture Agency.

Section 2
.,, (1) Disorders of title, duty and authority as referred to in Section 1, including the authorship activities of the following State capital inclusion in the PERSERO, Limited Perseroan which is partially owned by State of the Republic of Indonesia and the inclusion of PERSERO.
.,, (2) The report of the company's activities as referred to in paragraph (1), is presented to the Minister of Finance for administration to know the financial position of the State in the State-owned Enterprises Agency.

Section 3
(1) With the enactment of this Government Regulation, then:
.,
.,, a. Government Regulation Number 50 of 1998 on the Assignment Of Position, Duty and Authority of Finance Minister as Shareholders or General Meeting of Shareholders (RUPS) on the Company of Perseroan (PERSERO) to the State Minister of State-owned Enterprises (State Gazette 1998 Number 82, Additional State Sheet Number 3758);
., b. Presidential Decree Number 38 of 1999 on the Types and Criteria Of Certain Corporate Companies That May Be Excluded From The Diversion, Duty and Authority of Finance Minister as Shareholders or the Shareholders ' General Meeting (RUPS) to the State Minister of State Owned Enterprises;
., c. The Presidential Instruction Number 15 Year 1998 on Diversion Of Coaching Against The Company (PERSERO) And Limited Perseroan Which Are Partially Owned By The Republic Of Indonesia to the Minister of State of the Union of Proprietary Enterprises Country;
., d. The provisions of the laws that are contrary to this Government Regulation.
.,, (2) Any provision issued by the Minister of Finance or the Minister of State Governing Bodies of the State of the State in the position of Vice Government as General Shareholders Meeting (RUPS) or Shareholders on PERSERO and Perseroan Limited to which some of its shares are owned by the Republic of Indonesia, it remains in effect as long as it is unopposed and/or has not been replaced under this Government Regulation.

Section 4
This Government Regulation shall come into effect on the promultable and receding dates of the formation date of the National Unity Cabinet.

In order 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 December 22, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,

ABDURRAHMAN WAHID
Promulgated in Jakarta
on December 22, 1999
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,

ALI RAHMAN


ADDITIONAL
STATE SHEET RI

No. 3918 (Explanation Of State Sheet 1999 Number 220)

EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 96 YEAR 1999
ABOUT
ASSIGNMENT OF POSITION, DUTY AND AUTHORITY
THE FINANCE MINISTER AS GENERAL MEETING OF THE SHAREHOLDERS
(RUPS) OR SHAREHOLDER IN THE COMPANY OF THE COMPANY
(PERSERO) AND A LIMITED LIABILITY COMPANY THAT IS PARTIALLY IN STOCK
OWNED BY THE REPUBLIC OF INDONESIA TO
MINISTER OF STATE INVESTMENT AND COACHING
STATE OWNED ENTITY

UMUM

.,, in order to optimize the national economy, then against the State-owned Business Agency (BUMN) as the unit of perpetrator economic activity needs to be done efficiency, effectiveness and improvement of performance so that it can contribute optimal contributions. against the development of national economies aimed at the welfare of society.
.,, the efforts to increase efficiency, effectiveness and performance of the BUMN, have been carried out by the Government and will continue. One of the policy steps that has been undertaken is to shift the form of the BUMN legal entity from the General Company (PERUM) to the Perseroan Company (PERSERO). In addition to the reasons for increased efficiency, effectiveness and performance, the diversion of this form is also given the consideration that the form of the PERSERO legal entity is subject to the complete Limited Perseroan rules of its legal devices. In addition, the PERSERO legal entity, it is easier to conduct an international business invasion and be eligible to enter the Modal Market. Based on these considerations, the existence of a unit of state effort in the form of PERSERO and Limited Perseroan needs to be maintained and not converted into any other form. This is in line with the Great Lines of the State of the Year 1999-2004 that affirm the Economic Policy Direction of which is "the Health of the State-owned Enterprises/Regional Belonging Enterprises, especially whose efforts are related to the interests of the People's Republic of China". General. For the State-owned Business Agency whose efforts are not related to the general interest are encouraged to privatize through the capital markets ".
.,, PERSERO and Limited Perseroan which is partially owned by the State of Indonesia is a form of state effort that is expected to provide optimal contributions to the development of national economies. In order to optimize the contribution of the business entity, it is necessary to improve its performance by conducting a direct, direct coaching job. It is a specialized agency that serves to represent the Government in conducting coaching on PERSERO and Limited Perseroan which is partially owned by the State of the Republic of Indonesia.
.,, the coaching on the nature must be exercised by the Shareholders ' General Meeting (RUPS) or Shareholders. With the establishment of the Minister of State Cultivation and Development of State-owned enterprises under Presidential Decree No. 355 /M of 1999 and Presidential Decree Number 134 of 1999, then for coaching duties It may be implemented in accordance with the corporate principles of Act No. 1 of 1995, need to be specified in a provision that diverts the position, duties and authority of the Finance Minister as RUPS or Shareholders in the Company Company (PERSERO) as set in Government Regulation Number 12 Year 1998 about the Company Perseroan (PERSERO) and Limited Perseroan which is partially owned by the State of the Republic of Indonesia to the Minister of State Planting Capital and Coaching State Owned Entity.
.,, the Takeover, the duties and authority of the above, covering the activities of the enterprise any inclusion of the State capital following its transformation into the inclusion of the PERSERO. The report of the company's activities is presented to the Minister of Finance annually for administration to determine the State's financial position in the State-owned Enterprises.
.,, the Takeover is above, seen as necessary to be set up with Government Regulation.

SECTION BY SECTION

Section 1
., in question, "fully redirected" is that the assignment of the position includes all duties and authority as General Meeting of Shareholders (RUPS) and Shareholders including as founders as set in the Act Number 1 in 1995 and Government Regulation No. 12 of 1998. As such, then the State Minister of Capital Cultivation and Development of the State-owned Governing Body holds the authority as the Government deputy among others in:
., a., a. The establishment of a new PERSERO or establishment of a new Limited Company is partially owned by the State of the Republic of Indonesia, including the designation of Balance Sheets;
., b. The Build Service and Limited Perservers that are partially owned by the State during its operations, including reorganization and dissolution activities and the termination of Neraca Closing after being audited by the Development and Development Oversight Board (PPT) (BPKP) or Public Accountant.
In the event of the inclusion of the State Capital for the establishment of PERSERO or the inclusion of a Limited Perseroan which is partially owned by the State, the funds are derived from the State Budget and Shopping Budget, then the Minister of Finance as the State Treasurer. Undertake a separation of such budget to be submitted to the Minister of State Cultivation Of Capital and Development of the State-owned Governing Body as the Founder or for the inclusion of capital.

Section 2
.,, Verse (1)
.,, the company's enterprise here is very closely related to the management of data about the wealth of the country's wealth that has been separated to be partially owned by the State. Therefore, for such data to be always accurate following any changes in the inclusion of the State Capital for the purpose of drafting the company's coaching strategy, then the activities of such enterprises need to be performed by the assigned Government Instancy. to represent the Government doing coaching on PERSERO.
Verse (2)
.,, pretty clear

Section 3
.,, pretty clear.

Section 4
.,, pretty clear.