Government Regulation Number 17 In 1983

Original Language Title: Peraturan Pemerintah Nomor 17 Tahun 1983

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PP 17-1983 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 21, 1983 the GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 17 in 1983 ABOUT the COMPANY GENERAL PORT IV PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that the port as the object of the order of the economic activities and the activities of Government, management and pengusahaannya needs to be done in a more empowered to succeed and in order;
b. that the concession services for that kepelabuhanan needs to be compiled and arranged its categorization into several Public Companies as stipulated in Act No. 9 of 1969;
c. that in connection with the terms of the particular port pengusahaannya Public Companies need to be held in the port of IV;
Remember: 1. Article 5 paragraph (2) of the Constitution of 1945;
2. Act No. 19 of Prp in 1960 about the company the State (State Gazette 1960, an additional 59 Sheet Number country number of 1989);
3. Act No. 9 of 1969 concerning the determination of the Replacement Government Regulations Act No. I of 1969 (the 1969 State Gazette number 16, an additional Sheet country number 2890) about State Business forms into law (State Gazette Number 40 in 1969, State Gazette Supplementary Number 2809);
4. Reglement-reglement of Kepelabuhanan and orderly Airport; 5 Government Regulation number 11 in 1983 about the construction of the Kepelabuhanan (State Gazette No. 14 in 1983, an additional 325 State number 1 Sheet).

CHAPTER I GENERAL PROVISIONS article 1 In this Regulation is the: a. Pemerintahadalah the Government of Republic of Indonesia;

b. the President is the President of the Republic of Indonesia;

c. the Minister is the Minister responsible in the field of marine transportation;

d. the company is a Public Company Port IV;

e. the Board of Directors the Board of Directors of Public Companies is Port IV;

f. the President Director is the Director of a public Company's main Port IV;

g. Employee is an employee of a public Company Port IV.

CHAPTER II DETERMINATION of the STATUS of the COMPANY article 2 (1) the ports that are listed in the annex to this Regulation together with the ports at a time when government regulation is assigned pengusahaannya is part of the ports concerned, defined the form his efforts became Public Company PERUM abbreviated PORT Port IV IV. (2) the public corporation port IV is in the environment of the Ministry of transportation.
(3) as the company that provides the service kepelabuhanan, Perum Port IV obliged to implement regulations on kepelabuhanan, orderly airport and the ocean freight and/or other legislation.
CHAPTER III ARTICLES of Common first part of article 3 (1) the company is legal entity designated to initiate the ports as listed in article 2 paragraph (1) of this Regulation.
(2) companies do efforts based on the provisions of this Regulation and other legislation.
(3) by not reducing the provisions of this Regulation, the law applicable to the company Indonesia.
The second part is the seat of article 4 (1) a company domiciled and headquartered in Ujung Pandang.

(2) change the seat and headquarters of the company is established by the Minister.

The third part of the field goal and the Effort of article 5 (1) the purpose of the company is aiming at a kepelabuhanan service from the ports on article 2 paragraph (1) of this Regulation in order to support the smooth running of this ocean freight.
(2) the company tried in the field of providing services kepelabuhanan and other business related to the business service kepelabuhanan after getting the approval of the Minister.
Article 6 With regard to the economic principles and provided the safety of the country's wealth, the company provides and is aiming at: a. port pools and vast waters for shipping traffic and place a vessel anchored;
b. services related to Scouting ships (Pilotage) and granting of services of the postponement of the ship; c. the dock for loading and unloading goods, bertambat and animals as well as provision of facilities up and down the passenger;
d. warehouses and places of hoarding goods transport airports, loading and unloading, tool and equipment of the port;
e. land for various buildings and courts with respect to the interest of a smooth sea transport and industry;
f. NET-net of roads and bridges, sewer water, power lines, water supply, Fire Department and others; g. terminal services;
h. other efforts that can support the achievement of the objectives referred to in article 5 of this Regulation set out in agreement with the Minister.
The fourth part of the rights and powers of a special article 7 the company has the right and authority to: a. establish the use and management of land and waters in the area of the working environment of the port based on the applicable legislation;
b. to be heard his opinion against the granting of a building permit for the building to be erected in the harbour area of environmental interest; c. ask advice on wisdom in the field of kepelabuhanan.

Article 8 of the company can be assigned by the Minister to carry out surveillance of the use and operation of the port.

The fifth part of capital article 9 (1) the company's Capital is the wealth of the country separated from the budget of the State Expenditures and Revenues and is not divided into shares.
(2) the magnitude of the initial capital of the company. is equal to the value of all the wealth of the country that are embedded in the ports referred to in article 2 paragraph (1) of this Regulation on the basis of the determination of the Minister of finance in accordance with the results of the calculations are carried out jointly by the Ministry of finance and Ministry of transportation.
(3) any capital increase that comes from the wealth of the country separated done by government regulations.
(4) the company has a general reserve is formed and nurtured according to the provisions of article 31 paragraph (1) letter b of this Regulation.
(5) the company has backup destinations that formed and nurtured according to the provisions of article 31 paragraph (1) of this Regulation and the depreciation reserve of dealing established by the Minister. (6) the company does not hold a spare still and/or backup the secret.
(7) All tools (liquid) liquid that is not immediately required by the company is stored in a State-owned Bank is appointed by the Minister.
Article 10 (1) Purchases for investment carried out Company can originate from: a. internal funds the company;

b. inclusion of State income and Expenditure Budget through the State;

c. loan from inside and/or outside the country;

d. other sources.
(2) the investment budget is submitted along with the company's Budget, whereas when the investment budget submitted during the fiscal year in progress, then the investment budget presented in conjunction with the supplementary budget or budget change companies that pengajuannya carried out in accordance with the procedures referred to in Article 28 of this Regulation.
Article 11 (1) the company may acquire the necessary funds to develop its business through bonds or spending on tools that other valid.
(2) spending of bonds or the tools that other valid as mentioned in paragraph (1) of this article, including provisions related to it are governed by regulation of the Government.
The sixth section of article 12 does a Top proposal of Board of Directors, the Minister set the amount for the services of kepelabuhanan in accordance with the provisions in force.

The seventh part of the wisdom and Public Oversight of article 13 (1) the Minister establishes the common wisdom regarding the company's business goals and the field referred to in article 5 and article 6 of this Regulation. (2) the Minister is to conduct surveillance over the course of the company.
(3) in the course of organizing the things referred to in subsection (1) of this article, the Minister set further authorizes the Director-General concerned in accordance with the field of its activities to perform technical coaching against the company.
Article 14 (1) on the company's Board of Trustees was formed as a unit of organization of the company that is responsible to the Minister. (2) the Board of Trustees in charge of carrying out daily top surveillance company.
(3) the Board of Trustees consists of as many five people and consists of the technical department is concerned, the Ministry of finance, Ministry of Commerce, the local authorities and representatives of service users who are appointed by the Minister. (4) one member of the Board of Trustees was appointed Chairman of the Board of Trustees.

The eighth part of the leadership and management Article 15 the company is led and managed by a Board of Directors comprising a President Director and as many 4 (four) Directors in accordance with the dikelolanya field.

Article 16 Director for and on behalf of the Board of directors receive instructions from and responsible to the Minister about the common wisdom to run the company's principal tasks and other things deemed necessary.

Article 17 (1) in carrying out the duties of the principal Company a.  The President Director is entitled and authorized to act on behalf of the Board of Directors;
b. The Director shall be entitled and authorized to act on behalf of the Board of Directors, each for their fields and within the limits specified in the rules of conduct and how to run a jobs Board of Directors.

(2) if the Director was unable to keep his job or when running the post terluang and his successor has not been appointed or not to assume his post, then the Office of the Director of dipangku by the oldest Director in the period based on the appointment of an interim Minister, and if the Director does not exist or is unable to remain then the Office dipangku by other directors based on appointment of interim ministers, both with the power and authority of the President.
(3) if all the members of the Board of Directors was unable to keep running his work or the Office of the Board of Directors of terluang entirely and his successor has not been appointed or not to assume his post, then for a while the leadership and management of the Company is run by an official appointed by the Minister.
(4) the salary, allowances, emolumen, and other income of the members of the Board of Directors designated by the Minister with regard to the applicable provisions.
Article 18 (1) the Board of Directors ' duty is to: a. lead, administer, and manage the company in accordance with the objectives of the company and always trying to improve the efficiency and effectiveness of the company;
b. master, maintain, and take care of the wealth of the company;
c. represent the company inside and outside both Courts related to or arising as a result of the implementation of its task referred to in letter a and letter b.
(2) the code of conduct and how to run a jobs Board of Directors set forth in regulations established by the Board of Directors with the approval of the Minister.
Article 19 in relation to the duty of Directors as stipulated in article 18 of this Regulation then: a. the Board of Directors shall be obliged to: 1. initiate and guarantee the implementation of the efforts and activities of the company in accordance with the purpose and the field of his efforts;
2. prepare the annual work plan in time, complete with Company financials, which includes budget budget budget exploitation and investments, including other plans related to the implementation of the efforts and activities of the company, then submitted to the Minister in order to get his approval;
3. hold and maintain the bookkeeping and the administration of the company, in accordance with the applicable customary for a company;
4. accountability and provide any information about the circumstances and the operations of the company, in the form of reports on calculation results of business/financial statements and reports of the activities of the company, whether in the form of the annual report as well as in other forms of periodic reports according to the manner and time prescribed in government regulations and whenever requested by the Minister;
5. setting up the order of organization of the company complete with details of its work;
6. run other obligations based on the instructions of the Minister.
b. the Board of Directors has the right and authority as follows: 1. set the wisdom in leadership and management of the company;
2. set the terms of employment of the company, including the determination of salary, pension or assurance of the old days and other income for the employees of the Company on the basis of the applicable legislation;
3. appoint and dismiss employees of the Company based on the company's staffing regulation on the letter b number 2 of the present article;
4. organize the surrender of Directors to represent the company in and out of court to a person or some people that special board members appointed for it or to someone or some people are employees of the Company, either itself or bersamasama, or other agencies;
5. run other actions, both regarding the management nor ownership, in accordance with the provisions administered by the Minister on the basis of further legislation. that applies.
Article 20 the Board of Directors in carrying out the duties, obligations, rights and authority as referred to in article 18 and article 19 of this Regulation obliged to act in accordance with the common wisdom that is specified by the Minister as stipulated in article 13 paragraph (1) of this Regulation.

Article 21 (1) members of the Board of Directors is a citizen of Indonesia.
(2) members of the Board of Directors must have the knowledge, experience, and skills necessary to lead a company engaged in the field of kepelabuhanan and morals and morale is good.
Section 22 (1) Board members are appointed and dismissed by the President upon the proposal of the Minister.

(2) members of the Board of directors appointed more than 5 (five) years and after his tenure ends, it can be reinstated.
(3) in such matters below, the President over the proposal the Minister may dismiss Board members even though the term referred to in subsection (2) of this article is not over: a. position due to mutations in the interest of the company and the State;

b. at the request of its own;

c. for committing such acts or be detrimental to the company;

d. for committing acts or acted contrary to the interests of the State;

e. due to faulty physical or mental resulting in not able to carry out its work;

f. because it died.
(4) Dismissal for reasons mentioned in paragraph (3) of the letters c and d of this article, if it is a violation of the rules of criminal law is not the dismissal with respect.
(5) prior to dismiss for the reason referred to in subsection (3) of the letters c and d of this article done, to the members of the Board of Directors concerned are given the opportunity to defend themselves in writing to the Minister, who must tackle within the I (one) month after the concerned Board members were told by the Minister that the dismissal of the plan.
(6) for the matter referred to in subsection (5) of this article has not been given up, then the Minister may lay off for a while the Board members concerned.

If within 2 (two) months after removing the Board members in question on the basis of the provisions of paragraph (4) of this article have not obtained a decision concerning the dismissal of members of the Board of Directors, then the suspension shall become void and the concerned Board members can immediately run the Office again, except for the decision of the Court and when it must be notified to those concerned.
Article 23 (1) between the members of the Board of directors there should be no family relations to the third degree either according to the straight line of descent or respect to the line, including the son-in-law and brother-in-law, unless authorized by the President. If after the Rapture, they entered a forbidden relationship, to be able to resume his post; required written permission from the President.
(2) members of the Board of Directors may not concurrently the position of others, except with the permission of the Minister. Not included in this, is the position assigned by the State to him.
(3) members of the Board of Directors may not have a personal interest either directly or indirectly in an Assembly/other companies that seek/for-profit aims.
The ninth part of the Staffing, Employee liability and Indemnity provisions of section 24 the Board of Directors appoint and dismiss employees of the Company in accordance with the needs of the company based on the applicable legislation.

Article 25 (1) To employees of the Company given the salaries, pensions, and other income based on laws and regulations that apply to employees of the company.
(2) in addition to the retirement of an employee of the company may be given a guarantee that other provision of the old days--and governed by the Board of directors after obtaining the approval of the Minister.
Article 26 (1) All employees of the Company including members of the Board of Directors in the position as such, which is not saddled with the task of storage of money, securities and goods supplies, which is due to the actions against the law or because of dereliction of duty and duty charged to them by directly or indirectly have caused losses to the company, are obliged to indemnify. (2) the provisions concerning indemnity against civil servants in full force against the employees of the company.
(3) All employees of the company that was encumbered by the task of storage payment or delivery of the money and securities belonging to the company and the goods of the company's inventory stored in the warehouse or storage areas that are specifically and solely used for the purpose it was responsible of the execution of his duty to the Financial Examiner.
(4) an employee referred to in subsection (3) of this article do not need to submit the accountability about how to take care of it to the body of the Financial Examiner. Claim against the employees according to the conditions set out for the Treasurer by the Agency of financial Examiners are exempted from the obligation of accountability about how dealing.
(5) All other evidence and letter mail however his nature, which includes a number of bookkeeping and administration company, kept in place or any other place designated by the Minister, unless in the meantime transferred to the Agency in terms of the Financial Examiner deems it necessary for the purposes of an examination.
(6) for the purposes of the examination related to the determination of the tax accountant examination and in General other evidence and letter mail referred to in subsection (5) of this article for a while can be moved to the Treasury Department.
Part the tenth fiscal year article 27 for the fiscal year of the company is the calendar year, unless specified otherwise by the Minister.

The eleventh section of the corporate budget Article 28

(1) not later than within 3 (three) months before the fiscal year recently went into effect, the Board of Directors delivered a Budget that includes a Company budget exploitation and investment budget to the Minister to obtain his consent. (2) the approval by the Minister given after a joint appraisal by the Minister and the Minister of finance.
(3) unless the Minister in writing expressed objections or refusing the company's budget before the new fiscal year stepped on, then the budget applies.
(4) the supplementary budget or budget changes that occur in the running fiscal year must be submitted in advance to the Ministry according to the time and manner specified by the Minister for approval.
(5) if within a period of three (3) months after the request for approval referred to in subsection (4) of this article is submitted, by the Minister are not given the objections in writing, then the budget changes is considered to have passed.
Part Twelve Reports Periodic Business calculation results and activities the company Article 29 report of the calculation of the business results and the company's activities are presented by the Board of Directors to the Minister according to the manner and the time specified by the Minister.

The thirteenth Annual report of the calculation of the section of article 30 (1) for each fiscal year by the Board of directors organized an annual calculation consisting of the balance sheet and the profit-loss calculations.

The balance sheet and the profit loss calculations submitted to the Minister, the Minister of finance and the Financial Examiner no later than within 6 (six) months after the fiscal year according to the manner specified by the Minister. (2) how to post in the calculation of the annual assessments should be mentioned.
(3) If within a period of three (3) months after receiving an annual calculation by the Minister is not a written objection, then the annual calculation that is supposed to have passed.
(4) the annual Calculation endorsed by the Minister based on the results of the inspection of the Minister of finance in this respect the Director General of the State financial supervision.

The endorsement gives exemption to the Board of directors towards everything that is included in the calculation of the annual.
The fourteenth part of profit use of article 31 (1) the use of net profit as stated in the calculation of income which has been authorized by the provisions of article 30 of this Regulation, namely the Corporate profits tax has been reduced indebted based on legislation in force; After the first backup is reduced by the goal of 5% (five per cent), specified as follows: a. the universe development funds amounted to 55% (fifty-five per cent);
b. General Reserves amounting to 20% (twenty percent) to reserve the public reached number 2 (two) times the capital of the company;
c. the remainder 25% (twenty five percent) used to fund social and educational 5% (five percent), production services 10% (ten percent) and pension fund contributions of 10% (ten percent).
(2) if the amount of the general reserve according to the provisions of paragraph (1) letter b of the present article has been reached, the amount of net income allocated to the general reserve of fertilization, with the approval of the Minister of Finance upon proposal of the Minister, the next can be used for fertilizing the funds for the expansion of the company's spending. The general reserve before reaching the number of 2 (two) times the capital of the company, with the approval of the Minister of Finance upon proposal of the Minister, the Board of Directors may use the General Reserve Fund for the benefit of the company's expansion of spending.
(3) purpose of the Reserves referred to in paragraph (1) of this article among others used for fertilization funding for expansion of the company's spending.
The fifteenth section of the dissolution of the company Article 32 (1) the dissolution of the company and the appointment of likuidaturnya set by government regulations.

(2) All the wealth of the company after the liquidation of the State being held.
(3) Liability liquidation by the liquidator is done to the Minister giving the exemption of liability about the work that has been completed by him.
CHAPTER IV TRANSITIONAL PROVISIONS Article 33 with the introduction of government regulations, all regulations issued on the basis of Act No. 19 of Prp in 1960 jo Act No. 9 of 1969 and other regulations remain in force until amended by the regulations set for it.

Article 34 ports Pomalaa and Gebe Island, which at the time this Regulation applies is designated as a special port that is regulated under article 8 the Government Regulation number 11 in 1983 about the construction of Kepelabuhanan, the supervision of the deployment and operations carried out by the public Corporation Port IV.

Article 35 (1) the preparation of the balance sheet and the closing balance of the liquidation of the company of the State Harbor VI, VII, and IX which was dissolved with the Government Regulation number 18 in 1969 that as long as the organization is managed by the construction of the port/Harbour Agency Concession VI, VII, and IX set pertanggal 30 April 1983.
(2) a Dredging Unit is included in the company's State Ports such as IX paragraph (1) of this article since the enactment of government regulation are separated and its status will be set individually.
Chapter V CLOSING PROVISIONS Article 36 things haven't quite set in this Regulation, the regulated further by the Minister.

Article 37 of this Regulation comes into force on 1 May 1983.

So that every one knows it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 30 April 1983 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on 30 April 1983, MINISTER/STATE SECRETARY, SUDHARMONO, Republic of INDONESIA, S.H.

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