SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 49, 1980 | LEVY. Welfare. Money. Stuff. A donation. (An explanation in the Additional Gazette of the Republic of Indonesia No. 3175) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
THE 29 YEAR 1980 NUMBER
ABOUT
THE IMPLEMENTATION OF THE DONATION COLLECTION
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the collection of donations for development in the field of social welfare as referred to in the Law Number 9 of the Year of 1961 on the Collection of Money or Goods (State Sheet of 1961 Number 214, Additional Sheet of State Number 2273), It is one of the most important elements of social welfare, which is based on the spirit of the spirit of power;
., b. that the collection of such donations includes one of the efforts of understanding and the use of funds for social welfare activities within the society, as referred to in Article 10 of the Law Number 6 of 1974 (State Sheet of 1974 Number of States) 53);
.,, c. that for agility and order of execution which concerns the hardening and use of funds for social welfare in the community, then the implementation of the collection of donations needs to be governed by the Government Regulation;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945;
., 2. Law Number 9 of the Year 1961 on the Collection of Money or Goods (State Sheet of 1961 Number 214, Additional Sheet Country Number 2273);
., 3. Law No. 5 Year 1974 on the Poes of Government in the Region (State Sheet of 1974 Number 38, Additional Gazette State Number 3037);
., 4. Law No. 6 of 1974 on the provisions of the Social Welfare (State Sheet of 1974 No. 53, Additional Gazette State Number 3039);
DECIDED:
.,, Setting: A GOVERNMENT REGULATION ON THE IMPLEMENTATION OF THE COLLECTION OF DONATIONS.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
., 1. The Social Welfare effort is all programs, efforts, and activities aimed at realizing, fostering, maintaining, restoring, and developing social welfare, as referred to in Article 2 of the paragraph (2) Act No. 6 of 1974 about the provisions of the Social Welfare Pokok provisions;
., 2. An organization is an Indonesian society that meets certain requirements that have programs, efforts, and activities aimed at realizing, fostering, nurturing, and improving the social welfare of society;
., 3. Collection of donations is any attempt to obtain money or goods for development in the field of social welfare, mental/religious/spiritua/kerokhanian, clarity, education and cultural fields, as referred to in Article 1 of Act Number 9. In 1961 about the Collection of Money or Goods;
., 4. A collection effort is all programs, efforts, and activities in order to collect donations;
. .5. Officials are authorized officials to grant the permission of the Minister of Social Affairs, Governor/Regional Head I, and the Regent/Walicocity of the Municipal Head of the Second Level;
6. Minister is the Minister of Social Affairs.
BAB II
COLLECTION EFFORT
Section 2
The collection of donations is exercised on the basis of permission from the authorized Officer.
Section 3
.,, (1) The donation collection is conducted by the organization and based on voluntary without direct or indirect coercion.
.,, (2) The organization ' s requirements as referred to in paragraph (1), are set by the Minister.
Section 4
The purpose of collecting donations is to improve activities in the field:
a. social;
B. education;
C. health;
D. exercise;
e. religion/keroxhan;
f. culture;
., g. other areas of social welfare; that is not in conflict with the Government ' s laws and programs in the field of social welfare.
Section 5
(1) The collection of donations can be held in a way:
., a., a. holding the show;
B. holding a bazaar;
c. sale of goods by auction;
D. invitation card sales attend a performance;
e. charity stamp sales;
f. list of list (les) derma;
G. sales of the donation coupons;
h. plaid placement of donations in public places;
., i. the sale of goods/materials or services at a price or payment in excess of actual prices;
J. delivery of a poswesel blangko to request a donation;
No, Request directly to the person in question written or written.
.,, (2) The type of method of collecting donations other than those in paragraph (1), is set by the Minister.
Section 6
.,, (1) Financing the collection efforts of donations as many as 10% (ten percent) of the proceeds of the collection of the donations are concerned.
., (2) The results of the collection revenue of such donations in Section 5 as well as the amount of money donated, with the permission of the Minister of Finance. may be exempt from tax and other levies.
(3) The implementation of the paragraph provision (2) is set further by the Minister of Finance.
BAB III
PERMISSIONS OF THE PERMIT
Section 7
The application for the collection of donation licenses is submitted by the applicant's organization to:
1. Minister, in terms of collection collection includes:
., a., a. entire territory of the Republic of Indonesia;
B. more than one Propinsi region;
c. one region of Propinsi, but the applicant is based in the other Propinsi.
., 2. Governor/Regional Head I, in terms of collection of donations it includes:
., a., a. the entire Propinsi region is concerned;
., b. More than one district/municipality of the Propinsi region concerned.
., 3. Bupati/Walicicmunicipalities Head of Section II, in terms of collection of donations organized within the regency/Municipality concerned.
Section 8
The letter of the request for the hosting of the donation collection as referred to in Article 7, must be clearly loading:
a. The name and address of the applicant organization;
B. establishment time;
c. caretaker arrangement;
D. Social activities that have been implemented;
e. the intent and purpose of collection of donations;
f. efforts that have been implemented for that purpose;
G. staging time;
h. the area of the organization (region, group);
i. the way of hosting and channing;
J. the project execution plan and the financing plan are detailed.
Section 9
.,, (1) A letter of the donation permit collection addressed to the Minister, must be accompanied:
.,
., a., a. Letter of the Governor's approval of the Governor of the Party where the applicant's organization is located;
., b. For applicants based in Propinsi, next to the agreement referred to in the letter a must be accompanied by the approval of the Governor of the Head of the Level I of the donation site will be held;
., c. A letter from the local police instinct, regarding the loyalty of the decoding.
.,, (2) A letter of donation collection permit submitted to the Governor of the Head of the Level I County, must be accompanied:
.,
., a., a. Letter of consent from the Regent/Walicication of the Chief of Regions II where the applicant organization is located;
., b. A letter from the local police force, regarding the loyalty of the decomers.
BAB IV
PERIZs
Section 10
The donation collection permit may only be granted to the applicant organization after meeting the requirements as set out in Section 3, Section 4, and Section 5.
Section 11
.,, (1) the donation collection permit is provided in the form of a Decision Letter and for an eternity of 3 (three) months.
.,, (2) If deemed necessary for permission to be extended 1 (one) times for the most prolonged period of 1 (one) month.
Section 12
.,, (1) the donation of the donation collection permit contains the provisions governing the event of the event, among others:
., a., a. region border;
B. Time limit;
., cc is required to report to the local Chief Government, Lurah, RT/RW local, where the collection activities are carried out.
.,, (2) the terms of the event other than that of paragraph (1) are provided by the authoring of a permit based on the needs, conditions and situation of the area.
Section 13
Minister after holding coordination and consultation with the Minister of the Interior governs and supervising the implementation of the granting of the collection of donations issued by the Governor/Head of the Level I and the Regent/Walikomunicipalities of the Chief of Regions Level II.
Section 14
.,, (1) Licensee's authorized use of the Program is subject to the terms of the IBM International Program License and the IBM International Program License ("IBM").
.,, (2) The authorized authoring officer makes a periodical report to the Minister hierarchically.
.,, (3) The order of execution as referred to in paragraph (2) is governed by the Minister.
BAB V
THE EXECUTION
Section 15
In determining the wisdom in the field of collection of donations, the Minister held coordination and consultation with the Minister of the Interior.
Section 16
In order for the implementation of the donation in the Province of Propinsi, the Governor/Head of the Regional Level I held a deliberation with the Regional Leadership Yawdirection (MUSPIDA) Level I and Head of the Social Department Area Office.
Section 17
In the course of the implementation of the collection in the Regency or Municipality, the Regent/Head of Regional Level II or Municipality is conducting a deliberation with the Regional Leader (MUSPIDA) Level II and the Social Department elements local.
BAB VI
THE FORWARDING ATTEMPT
Section 18
.,, (1) The forwarding efforts towards the hosting of the donation collection includes preventative and repressive measures.
.,, (2) The authoring efforts are carried out by the functionally authorized officer in the field.
Section 19
Authorized authorized officers are obligated to conduct a publishing effort within the limits of its authority.
Section 20
.,, (1) Social Department employees who have been appointed by the Minister as a Social Security Unit carry out the duties in the area of oversight against the implementation of the collection of donations.
.,, (2) If the Social Security Unit is referred to in verse (1) knowing the deeds according to the Law Number 9 of the Year of 1961 can be convicted, then he must immediately report to the Investigator Officer based on the Legislation to do the investigation.
BAB VII
SPECIAL PROVISIONS
Section 21
The collection of donations required by the Law of Religion, Adat Law, Custom Adat, or hosted in a limited environment does not require hosting permission.
Section 22
The collection of the donation as referred to in Article 21 that does not require the hosting permission is:
a. To carry out the obligations of Religious Law;
B. For the worship charity which is performed specifically in the synagogues;
C. To exercise the Adat Law or Custom Adat;
D. In the environment of an organization against its members.
Section 23
.,, (1) Based on the consideration of a very urgent need, the Minister may appoint something of the organization to carry out the collection of donations.
.,, (2) The organization as referred to in paragraph (1) is required to account for its efforts as well as its use to the Minister.
BAB VIII
CLOSING PROVISIONS
Section 24
Things that are not quite set up in this Government Regulation are set further by the Minister.
Section 25
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on August 28, 1980
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUHARTO
Promulgated in Jakarta
on August 28, 1980
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA,
SUDHARMONO, SH
ADDITIONAL
STATE SHEET RI
| No. 3175 | (Explanation Of 1980 State Sheet Number 49) |
EXPLANATION
Above
REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA NUMBER 29, 1980
ABOUT
COLLECTION OF DATA COLLECTION
A. UMUM
.,, that the venture collection effort, i.e. collection of money or goods for the purposes of development in the field of social welfare as referred to in Code Number 9 of 1961 (State Sheet of 1961 number 214, Extra Sheet State Number 2273).
., is one of the social welfare activities organized by, from, and to society with the spirit of mutual cooperation, which has the purpose of realizing and improving the social welfare taraf, both in the life of a person and in a shared life in society.
., in order for the efforts to collect such donations above may be beneficial, guided and developed, then the Government is obligated to:
., a., a. And establish the spirit of the people of Indonesia, that every citizen of Indonesia feels obligated to and may participate in the activities of the social welfare. Each of the following:
., b. To make a public effort. Security and security measures for such social welfare activities can be held in an orderly manner, without causing any disruption and anxiety within the community, as well as streamline the implementation of Operation Orderly.
.,, under the provisions of Article 3 jo. Article 7 of the Law Number 6 of 1974 (State Sheet 1974 Number 53) The efforts of the Government on the above are part of the duties of the Department of Social Services which are held in accordance with the appropriate coordination with the completeness tools. The other government, both at the Centre and at the Regional level.
.,, in the conduct of this Government Regulation the coordination is meant to be reflected on the issue of the application of the submission of a permit, the discretion of the granting. And the issue of the management of donations included the supervision of its use.
B. SECTION FOR SECTION
Section 1
.,, Figure 1
.,, pretty clear
Number 2
In this provision is a social organization located in the State of the Republic of Indonesia, whose formation does not conflict with the rules of the law. Applicable law.
Figure 3
.,, which is a donation in this provision, is a limited donation in the form of goods/materials or money.
Figure 4
.,, pretty clear
Number 5
.,, pretty clear
Figure 6
.,, pretty clear
Section 2
.,, to be able to carry out the collection of donations must be permission first from the authorized Officer, except in such matters in Section 21, Section 22, and Article 23. It is intended as a preventive measure, in order for security, order, and the safety of the public undisturbed by the actions of the irresponsible people.
Section 3
.,, Verse (1)
.,, the organization of the collection of donations by the organization may be devolve to its members or to others in the form of a duty letter or letter of power from the leadership of the organization concerned.
Coercion is the attempt to obtain donations directly or indirectly, with the exercise of duty and office, for example, in the ways of influencing, pressing. Promises of lies and so on, so that the voluntary nature and sense of the donor party become blurred. Voluntary donations are donations given without direct or indirect coercion.
Verse (2)
.,, pretty clear
Section 4
.,, the provisions of this section are intended to direct the use of the collection results from the public, so that the need for research is appropriate or should the purpose of the collection's purpose be made with the Government's ongoing program, or with applicable laws, in addition to considering the need or whether or not the intended objective is with the needs of the local community in the area of social welfare is referred to.
Section 5
.,, Verse (1)
.,, the details of the ways of organizing the collection of donations referred to in this verse are limited to the ways that society is done in this adult. The permission for the collection of donations does not release the organizer of the obligations set forth by other laws. For example, for example, an event is not a part of the organization's organization.
Verse (2)
.,, the provisions of this verse are intended to not seal the possibility of the ways of the collection of other donations, in accordance with the development of the people in the future.
Section 6
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, under the terms of taxation, then the results of each venture are subject to income tax. Given that the purpose of collecting donations is to finance the efforts of social welfare activities of the public, then upon the request of the concerned Minister of Finance may free from taxes or other levies, be good over money the proceeds of the collected donations, or the amount of money donated by the donor as a reduction in income tax.
Verse (3)
.,, pretty clear
Article 7
.,, a permit letter to host a collection of donations is filed without meterai to the authorized Officer.
Article 8
.,, pretty clear.
Article 9
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 10
.,, pretty clear.
Article 11
.,, Verse (1) and verse (2)
.,, pretty clear
Article 12
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
., aware that the target of the collection effort is the public in the position of the population or citizens of the smallest administrative unit of government, is the citizens of Kelurahan, then this provision is intended to be It prevents the rest of the collection activities that are overtaking place. In its implementation, neither Lurah, Chairman of the RW. nor the Chairman of the RT. will organize and oversee that the collection activities do not cause negative things to the people/residents of its territory.
Verse (2)
(It is said): "O my Lord!" (It is) that which is in the past, and in the past, and in the past, in the same way. (1), to the authorized use of the IBM International Program (s), the following terms apply to the IBM International Program (s): The economy is in the community.
Article 13
.,, in accordance with the provisions of Article 3 yat (1) and Article 7 of the paragraph (1) Act No. 6 of 1974 The Minister has a duty, among other things, determining the line of wisdom necessary to maintain, guide, and improve welfare efforts. social.
The Minister's authority to govern and supervise the execution of the authorization referred to in this section, is as a series of execution of the task and for uniformity in the implementation of the granting of donation collection permits throughout the region. Republic of Indonesia.
Therefore, the authoring of the authoring as referred to in this section, in order to grant permission, first holds consultations with the Minister of Social or the appointed official.
The Minister's authority to organize and supervise the implementation of the grant was carried out after conducting coordination and consultation with the Minister of the Interior.
Section 14
.,, Verse (1)
.,, these Terms are intended to guarantee that the results of the collection of donations obtained from the public are actually used as referred to in the permit letter.
A report of a donation collection is provided by the organizer to the authorized officer no later than two (two) months, while the report of the use of the donation results is provided according to the instructions from the authorized officer. In question, no later than four (four) months, after the expiration date of the collection effort.
In the event of late organizers to provide a report of accountability, the authorized officer can assign employees under his leadership to conduct a bookkeeping check.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 15
.,, the scope of activities, objectives, and contribution collection objectives include virtually the entire community of public life, covering aspects of education, health, religious/spirituality, labor, culture, and other social welfare activities. which concerns the duties and authority of the various departments/government agencies.
Therefore, the Minister as an authorized officer in determining the discretion of the permissions, especially in taking the decision to be allowed or to be denied the request of a collection permit, should consider the issues. which concerns the field, the work of the Department/Instancy of the Other Government, which has to do with the hosting of such donations.
To determine the wisdom of the Minister's coordination and consultation with the Minister of the Interior.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, Verse (1)
.,, preventive measures include supervision and security, including checks at any time for the hosting of the donation collection.
Repressive measures include the investigation and prosecution of the crime.
Verse (2)
Who is a man of the law, which is in charge of the assembly of the people, who are in charge of the works of the people, who are in charge of the works of the works which are in their hands, and are in the works of the people that are in According to the Act may be criminalised (Police and Prosecutors), as well as employees who by the Law or the Law of the Law are authorized by the police/IBM Presidential Decree (Presidential Decree No. 372 of 1962).
Section 19
.,, pretty clear.
Section 20
.,, Verse (1)
The Social Security Unit in this paragraph is the Social Services employees who are based on certain requirements appointed by the Minister of Social Affairs and have a preventive and repressive duty in the field of gathering. money and stuff.
Verse (2)
., referred to by the Investigator Officials set under the Act is the State Police of the Republic of Indonesia.
Section 21
.,, the collection of donations referred to in this section is the collection of inimbued donations that are derived from certain legal rules or special bond norms, which are mandatory or must be realised by those who submit to the law or the norms that bind it.
The implementation of the limited endowment collection within its environment is set between/with their own consent under the rule of law, applicable norms, or based on deliberations.
Thus the security of the interference of those who are not responsible from outside of their environment is considered to be quite preserved.
Based on the above definition, the collection of the donations referred to in this section is seen as not requiring the permission of the host.
Article 22
.,, the letter a
For example, the payment of zakat and regular charity, for the adhering of Islam, the payment of the tithes for the adhering of the Christian Religion, whose implementation is governed by a special Committee for the purpose of the Islamic State. That.
Letter b
It is, in the Church, in the Church, in Pura, and in other places of worship, which is limited in the worship of the worship.
Letter c
.,, Which is intended to run custom customs, including also running Adat law, for example:
Collecting donations for the death fee. For the safety of the village, to overcome the state of emergency due to the outbreak of the plague, the fire, the taufan. floods, and other natural becanas, for environmental safety, and so forth, whose implementation is organized in a limited environment. A restricted environment is the village, village, or area included/under the auspices of the Adat law or local custom, which is coordinated by the Head of Kampung/Village or the Chairman of the local Adat.
Letter d.
In the case of an organization's organization, the community of members is a community environment in the bond of a particular activity, such as a society against its members, a meeting of the members. Gentlemen. An office of its employees, a school of its students, a village to the residents of the village.
Section 23
.,, Verse (1)
" A need to help the people in a particular region that is experiencing natural disasters and or calamations.
Verse (2)
.,, pretty clear
Section 24
.,, pretty clear.
Section 25
.,, pretty clear.
