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Regulation Of The Minister Of Industry Number 03/m-Ind/per/1/2014 2014

Original Language Title: Peraturan Menteri Perindustrian Nomor 03/M-IND/PER/1/2014 Tahun 2014

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g the National Services Company.
(2) The National Services Company as referred to in paragraph (1) is the governing body which produces the services established in accordance with laws and works and resides within the Republic of the Republic of Indonesia with a shareholding of more than 50% (fifty-perhundred) up to 90% (ninety-one hundred) owned by foreign companies or foreign nationals.
(3) The National Services Company may cooperate with the Foreign Services Company in the form of a consortium or hold a partial subcontract to the Foreign Services Company, provided:
a.   In the event of a consortium with the Foreign Services Company, the National Services Corporation is required to execute a job at least 50% (fifty-perhundred) in accordance with the value of the contract value;
B.   for offshore construction services work, performing the work at least 30% (thirty-perhundred) of the limit as referred to in paragraph (3) letter a, corresponding to the contract value size; and/or
c. The physical execution of the construction of the construction services at least 50% (fifty perhundred) must be worked in the territory of the country of the Republic of Indonesia according to the value of the merit of the craftsmanship.

The Third Part
Foreign Services Company
Section 15
(1) In the case of no Home Services Corporation and/or National Services Company participating in the procurement of services referred to in Article 9 and Article 14, the service procurement process is resumed by including the Foreign Services Company.
(2) The Foreign Services Company as referred to in paragraph (1) is the established and legal entity outside the territory of the Republic of Indonesia.

BAB IV
THE EXTENT OF THE DOMESTIC COMPONENT AND THE COMPANY ' S BENEFIT WEIGHT
The Kesatu section
Interior Component Level
Section 16
(1) TKDN as referred to in Section 2 of paragraph (1) the letter c includes:
a.   TKDN on goods;
B.   TKDN on combined goods;
C.   TKDN on merit;
D.   TKDN on a combined merit; and
e.   TKDN on a combination of goods and services.
(2) The combined TKDN line of goods for the Procurement of non-financed government services from APBN/APBD is calculated for one auction execution activity by the goods provider.
(3) The use of TKDN each item in the combined calculation of the goods as referred to in paragraph (2) refers to the List of Inventory of the Home Production Goods/Services.

Section 17
(1) Capaian TKDN services and the combined TKDN line combined services for the procurement of unfinanced government goods/services from APBN/APBD are calculated for one auction of auction by the Services Provider.
(2) Capable of TKDN services and a combination of services on any activity can be calculated based on the stage of work according to the characteristics of its work.
(3) The results of the calculation of TKDN service and the combined TKDN line combined services as referred to in verse (1) evaluated the TKDN's capaian at each stage of the work until the work was completed.

Section 18
(1) The combined TKDN line of combined goods and services for the procurement of unfinanced government goods/services from APBN/APBD is calculated for one auction execution activity by the Goods/Services Provider.
(2) The combined TKDN line of combined goods and services on any activity can be calculated based on the stage of the work according to the characteristics of its work.
(3) Capaian of TKDN of goods in the calculation of the TKDN line combined goods and services as referred to in paragraph (1) refers to the Inventory of Goods/Production Services of the Interior while the TKDN line services are based on their own calculation results.
(4) The results of the TKDN line's calculation of the combined goods and services as referred to in verse (1) are evaluated by the TKDN's capaian on each stage of the work until the work is completed.

The Second Part
Enterprise Benefits
Section 19
(1) The BMP is provided to the manufacturer of Goods, Services Providers, or the Combined Provider of Goods and Services based on the determining factor specified.
(2) The BMP's acquisition of non-financed government goods/services from APBN/APBD refers to the list of Inventory of Internal Production Goods/Services.

The Third Part
Price Preferences
Section 20
(1) Unfunded government goods/services providers of APBN/APBD which offer goods/services as referred to in Section 7 of the paragraph (1) are given the price preference according to the TKDN line each barang/merit without taking into account value BMP.
(2) The price preference is only given to companies that produce goods/services in the country with greater than 25% (twenty-five perhundred) or TKDN service commitments greater than or equal to 30%. (thirty-one hundred).
(3) The price preference is at least 15% (fifteen perhundred) to the elements of domestic production goods in the procurement of goods or procurement of integrated construction services (EPC services) in accordance with the TKDN line of goods as referred to on verse (2).
(4) The price preference is given at least 7.5% (seven in five-a-one hundred) to domestic service elements in the procurement of integrated construction services (EPC services), other services, or consultancy services in accordance with the TKDN service's capes as well as the above. It is in verse (2).
(5) For the procurement of Integrated Construction Services (EPC services), in addition to being given a price preference in accordance with TKDN ' s capes as referred to in paragraph (3) and paragraph (4), the Home EPC Services Corporation is given an additional price preference based on company status as follows:
a.   7.5% (7 five-a-one hundred) when fully executed by the Home Office of the Interior and at least 50% (fifty-fifths) of offer prices were held in the region of Indonesia.
B.   by 5% (five perhundred), if executed by a consortium of EPC Services Companies provided the following terms:
1) The Home EPC Services company acts as a leader of the consortium (lead firm);
2) at least 50% (fifty-fifths) of the offer price is done by the Home EPC Services company; and
3) at least 50% (fifty-fifths) of offer prices are held in the region of Indonesia.
ized.
(2) The procurement of large group of business services who are not willing to meet the provisions as referred to in paragraph (1) is not included in the subsequent procurement process.

The Second Part
National Services Company
Section 14
(1) In the case of no Home Services Company participating in the procurement of services as referred to in Article 9 of the paragraph (1), the procurement of services is carried out by simply includin

BAB V
BARANG/SERVICE INVENTORY LIST
Section 21
(1) The Minister publishes a List of Inventory of Goods/Production Services of the Interior as a reference to the TKDN of goods and BMP titles in the Acquisition of Government Goods/Services which are not financed from APBN/APBD.
(2) The TKDN of the goods and BMP merchandise as referred to in paragraph (1) are the capes that have been verified by independent surveyor agencies and have obtained valid marks.
(3) The Services/Services procurement committee may clarify the correctness of the TKDN line listed in the Ministry of Home Production Inventory of Goods/Services to the Ministry of Industry.

Section 22
(1) The Home Production Inventory of Goods/Services as referred to in Section 21 of the paragraph (1) is published on-line on the Ministry of Industry internet site and is updated at all times if there are changes and the addition of data.
(2) The Home Production Inventory of Goods/Services as referred to in paragraph (1) may also be published in book form and/or optical disc (CD-ROM).
(3) The Home Production Inventory Inventory of Goods/Services published in book form or optical disc (CD-ROM) as referred to in paragraph (2) is updated and evaluated annually.
(4) In the event there is a difference between TKDN or BMP's capings in the on-line Published Inventory of Goods/Service Inventory as referred to in paragraph (1) with List of Inventory of Goods/Production Services In The country that is published in the form of a book or CD-ROM as referred to in verse (2), applies to TKDN or BMP's capings on the List of Inventory of the Home Production Goods/Services as referred to in paragraph (1).

Section 23
(1) The Home-Production Inventory of Goods/Services is delivered or disseminated by the Ministry of Industry to the Users and providers of goods/services or related to the procurement of non-financed government goods/services from the IBM SaaS. APBN/APBD or other parties that require.
(2) If required, the procurement of goods/services may be clarified to the correctness of the TKDN line listed in the Ministry of Home Production Inventory of Goods/Services to the Ministry of Industry.

BAB VI
VERIFY TKDN
Section 24
(1) The TKDN line and the BMP ' s capes are verified by independent surveyors appointed by the Minister.
(2) The verification as specified in paragraph (1) is performed under the terms and conditions of the TKDN line of calculation and the BMP's capp which is set by the Minister.
(3) Capaian TKDN of goods and capaian BMP results verification as referred to in paragraph (2), be appointed by the Acting Officer appointed by the Secretary General of the Ministry of Industry.
(4) The verification of TKDN and BMP's calculation of the calculation of a valid mark as referred to in paragraph (3) shall be included in the book List of Inventory of the Home Production Goods/Services.

Section 25
(1) In the event of a doubt regarding the results of the TKDN 's calculation calculation as referred to in Article 17 of the paragraph (2), Section 18 of the paragraph (1), and Article 19 of the paragraph (1), may be re-verifying the TKDN' s capes at the request of the User.
(2) Verify that you are entitled to use the IBM Software as a Service (as defined in the applicable IBM Agreement).
(3) Verify that in the event of a paragraph (1) in the process of procurement of goods/services may be performed at the time of the execution of the job or after the execution of the job.
(4) The verification charge as referred to in paragraph (1) is charged to the applicant, unless otherwise stated in the auction document.

Section 26
Verification of the TKDN line of goods as referred to in Article 24 of the paragraph (1) can be performed over the product which has been produced or an example of the product representing the order.

Section 27
(1) The manner of the manner in which the BMP's legal rendering of TKDN is carried out in accordance with the provisions of Appendix I of this Minister's Rule.
(2) The TKDN of the goods and capes BMP applies for 3 (three) years.
(3) In the event of verification of the TKDN line of goods performed prior to the expiration of the term in paragraph (3), the new verification results with the applicable 3 (three) years.
(4) The manufacturer who has obtained the legal signature of TKDN can list the value of TKDN ' s capaian on its production goods.

Section 28
The provisions and layout of TKDN's TKDN line and the BMP's capp are governed by the Regulation of Ministers.

BAB VII
MONITORING, EVALUATION, AND REPORTING
Section 29
(1) The Ministry of Industry is monitoring the TKDN line monitoring as referred to in Article 2 of the paragraph (1) letter c.
(2) Monitoring as referred to in paragraph (1) is performed each year.
(3) In terms of TKDN ' s capings as referred to in Article 25 of the paragraph (1) not according to the verification results, the Ministry of Industry can revoke the legal mark of the TKDN line and issue from the P3DN Goods/Services Inventory List.

Section 30
(1) The P3DN team performs evaluation of domestic production use of the non-financed government goods/services procurement of APBN/APBD as referred to in Article 2 of the paragraph (2).
(2) The evaluation results of the P3DN Team as referred to in paragraph (1) are used to optimize the implementation of P3DN.

Section 31
(1) The use of domestic production in the procurement of non-financed government goods/services from APBN/APBD as referred to in Section 2 of the paragraph (2) is reported by the BUMN/BUMD Chairman, Non-Ministry Government, Bank of Indonesia, Institute of Public Affairs Guarantor Deposits, Financial Services Authority, BLU, State College of Law, KKKS, IUP holders or Karya/PKP2B contracts, and leaders of the government and private cooperation projects to the Minister as Chairman of the P3DN Group each year most slow in the second week of January the following year.
(2) Ministers as Chairman Timnas of P3DN report on the results of domestic production use in the procurement of government goods/services to the President each year at the latest in the second week of February the following year.
(3) The BUMN/BUMD Leadership Report Format, Non-Ministry Government Institute, Bank Indonesia, Institute of Savings Guarantee, Financial Services Authority, BLU, Legal Agency of the Law Board, KKKS, IUP holder business entity or Karya/PKP2B Contract, and the leadership of the government and private cooperation projects, as referred to in paragraph (1) are listed in Annex II of this Minister's Regulation.

BAB VIII
SANCTION
Section 32
Users and the Procurement Committee deviating fs referred to in paragraph (1) shall be:
a.   administrative sanction; and
B.   Financial sanctions.
(3) Administrative sanctions as referred to in paragraph (2) the letter a shall be:
a.   written warning;
B.   temporary closing;
c. inclusion in blacklist;
D.   freezing of the business permit; and/or
e.   Revocation.
(4) The creation or action as referred to in the paragraph (1), the sanction is subject to the paragraph (2).
(5) The granting of sanctions as referred to in paragraph (2) the letter of a was performed by the Procurement Committee in accordance with the provisions of the laws.
(6) The financial sanction as referred to in paragraph (2) of the letter b is performed by the User.
(7) Financial sanctions as referred to in paragraph (2) letter b of a reduction in the margin of payment by the margin of the offer with the TKDN line execution at least 15% (fifteen perhundred).

BAB IX
OTHER PROVISIONS
Section 34
The implementation of domestic production goods/services undertaken by contractors and sub-contractor EPC/EPCI services or sub-contractor KKKS for jobs derived from unfinanced government goods procurement/services from APBN/APBD must refer to the provisions of this Minister Regulation.

Section 35
Leaders of the BUMN, BUMD, Non-Ministry Government, BLU, State College of the Law, KKKS, the business agency of the Mining Business (IUP) or the Contract of Coal Mining Works (PKP2B), and the procurement of the Ministry of Law. in the framework of government and private cooperation as referred to in Section 2 of the paragraph (2), in the Absence Of Goods/Services in each environment may require a more rigorous TKDN line, as long as it does not conflict with the provisions of the Regulation. This minister.

Section 36
The provisions of the use of domestic products for certain products or certain fields are governed in their own terms with the Rule of Ministers or other technical Ministers Rules as long as not in conflict with this Minister's Regulation.

BAB X
CLOSING PROVISIONS
Section 37
The Minister ' s rules are beginning to apply at the date of the invitation.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on January 8, 2014
MINISTRY OF INDUSTRY
REPUBLIC OF INDONESIA,

MOHAMAD S. HIDAYAT

Promulgated in Jakarta
on January 13, 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN