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Act No. 34 By 2014

Original Language Title: Undang-Undang Nomor 34 Tahun 2014

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the financial development of the Hajj.

(2) Financial benefits value Hajj as referred to in verse (1) is placed on the Kas Haji.

Article 9

(1) Funds Hajj Pilgrimage Efficiency as referred to in Article 5 of the letter c is obtained from the efficiency of the operational cost efficiency of the Hajj.

(2) The Pilgrimage Efficiency Fund as referred to in paragraph (1) placed on Kas Haji.

Article 10

The Financial Spending of Hajj as referred to in Article 4 of the letter b includes:

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a. Hosting Hajj;

b. operation BPKH;

c. placement and/or financial investment Hajj;

d. repayment of BPIH and/or BPIH Special Jemaah Hajj which invalidate the departure for valid reasons;

e. the payment of a Special BPIH deposit balance to PIHK;

f. the payment of the BPIH and/or Special BPIH deposit benefits;

g. activities for the health of Muslims; and

h. returns of the BPIH and/or BPIH Special balances of the BPIH and/or Special BPIH designation of the running year.

Section 11

(1) The expense for the Hosting Of Hajj as referred to in Article 10 of the letter a is set by the Government after it gets the House approval.

(2) Spending for the Hosting Pilgrimage as referred to in paragraph (1) is carried out by moving funds from Kas Hajj to the coffers of the Hajj Pilgrimage work units periodically.

(3) Further provisions of the order the manner of transfer of funds from Kas Haji for the Payment of Hajj Financial Spending as referred to in paragraph (2) including the staging and magnituation of each year is set in the Regulation of Ministers.

Section 12

(1) BPKH Operational Spending as referred to in Article 10 of the letter b include:

a. Employee shopping; and

b. office operating shopping.

(2) Spending as referred to in paragraph [1] is conducted with rational, effective, efficient, transparent, and accountable principles.

(3) The expense of the account in paragraph (1) is determined. based on the percentage of the Hajj Financial benefits value.

(4) The amount of expenditure as referred to in paragraph (1) is proposed by BPKH and is set by the Minister after having received approval from the House.

(5) Spending as referred to in paragraph (1) is done by moving funds from Kas Haji to the BPKH cash.

(6) The rest of BPKH ' s operating budget is returned to Kas Haji.

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Article 13

Spending of assignment and/or investment of Hajj as referred to in Article 10 of the letter c was implemented after receiving the supervising board approval.

Section 14

Spending Jemaah Haji's (BPIH) and/or BPIH Special Repayment (BPIH) as referred to in Article 10 of the d-letter balance of BPIH and/or Special BPIH balances and is paid to any of the abortable Jemaah Hajj accounts.

Section 15

Special BPIH deposit payment expense to PIHK as referred to in Article 10 of the letter e be paid in accordance with the number of Jemaah Hajj specialers who have paid off the Special BPIH and set out in the year running.

Section 16

(1) The payment of payment of the benefit of the BPIH and/or Special BPIH payments as referred to in Article 10 of the letter f performed by BPKH periodically to the Jemaah Haji virtual account.

(2) The expenditure as referred to in paragraph (1) is determined based on the percentage of the Hajj Financial benefit value.

(3) The percentage of value Hajj Financial benefits as referred to in paragraph (2) are specified each year by BPKH after getting approval from the House.

Section 17

Spending activities for the health of the Muslims as referred to in Article 10 of the letter g and its funding comes from the value of the DAU benefit.

Article 18

Wealth as referred to in Article 4 of the letter c includes money and goods that can be assessed with money managed by BPKH.

Article 19

Further provisions on the acceptance, expenditure and wealth of the Hajj as referred to in Article 4 are set up in Government Regulation.

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CHAPTER III OF THE FINANCIAL GOVERNING BODY HAJJ

Section of the General Kesatu

Article 20

(1) The Pilgrimage Financial Management is carried out by BPKH.

(2) BPKH as referred to in paragraph (1) is the public legal entity under this Act.

(3) BPKH as referred to in paragraph (2) is independent and is responsible to the President through the Minister.

(4) The Financial Management of Hajj by BPKH is done corporatively and non-profit.

The Second Section of the Occupation

Article 21

(1) BPKH as referred to in Article 20 of the paragraph (1) is located and is headquartered in the country's capital. Republic of Indonesia.

(2) BPKH as referred to in paragraph (1) may have an office representative in the province and the branch office in the district/city.

Third Section of Task, Function, Authority, Rights, and Obligability

Paragraph 1 Task

Section 22

BPKH is responsible for managing the Finance Hajj which includes acceptance, development, expenditure, and the Financial accountability of Hajj.

Paragraph 2 Functions

Section 23

In carrying out the task as referred to in Article 22, BPKH organizes function:

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a. Hajj Financial and Financial Markets Hajj acquisition, development, and financial expenses of Hajj;

c. Control and supervision of the admissions, development, and financial expenses of Hajj; and

d. reporting and accountability for the implementation, development, and financial expenses of Hajj.

Paragraph 3 of the Authority

Section 24

In carrying out the duties as referred to in Article 22, BPKH authorized:

a. put and invest Hajj Finance in accordance with the principles of sharia, prucency, security, and value of benefits; and

b. Conduct cooperation with other agencies in the financial management framework of Hajj.

Paragraph 4 Rights

Section 25

To carry out the duties and functions as in Section 22 and Section 23, BPKH is entitled to obtain operational funds for the Implementation of the Hajj Financial Management program is sourced from the financial benefit value of Hajj.

Paragraph 5 Liability

Section 26

To carry out tasks and functions as in Section 22 and Section 23, BPKH is mandatory:

a. manage the Finance of Hajj transparently and accountable on Kas Haji via BPS BPIH.

(3) Special Saldo (BPIH) and/or BPIH consists of Special BPIH and/or BPIH deposits and its value benefits.

(4) Saldo sedeposits BPIH and/or Special BPIH cannot be taken by Jemaah Haji.

(5) Special (BPIH) and/or Special BPIH (BPIH) as referred to in paragraph (4) may only be done if Jemaah Haji cancels its pores, either by death or any other legal reason as set forth in the provisions of the laws of the law.

(1) BPIH and/or BPIH (respectively). Special as referred to in Article 5 of the letter a is the funding of Jemaah Haji for the Pilgrimage Pilgrimage.

(2) In terms of the deposit of BPIH and/or Special BPIH is greater than the designation BPIH and/or Special BPIH of the year running, BPKH is obliged to return the difference to Jemaah Haji.

Article 8

(1) The financial benefit of the Hajj as referred to in Article 5 of the letter b is obtained fromndidates for managing bodies and potential supervisors must meet. requirements:

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a. Citizen of Indonesia; b. Islam; c. healthy physical and spiritual; d. has an unreprehenable integrity and personality; e. have the appropriate qualifications and competencies to

the Financial management of Hajj; f. at least 40 (forty) years old and highest

60 (sixty) years at the time of being nominated as a member; g. not being a member or serving as caretaker

political party; h. not being a suspect or a defendant in the process

judicial; i. never been convicted of a prison criminal based on

a court ruling that has obtained a legal force remains for committing criminal acts of crimes threatened with prison felon 5 (five) years or more;

j. not to be caught; and/or k. have knowledge of the sharia economy.

(2) During office, the members of the supervising board and supervising board members are barred from the government, other legal entities, or as state officials.

Paragraph 2 Requirements Special

Section 35

(1) In addition to meeting the general requirements as referred to in Article 34 of the paragraph (1), the candidate of the executor and potential supervising board member must meet the specific requirements of the competency and experience in the the least 5 (five) years of financial management fields.

(2) More provisions further regarding the specific requirements set in the Presidential Regulation.

The Second Part of the Election Way and the Redemption

Member of the Managing Board and Supervising Board Member

Section 36

(1) To select and assign members Governing body and supervising board members, the President formed the selection committee.

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(2) The membership of the selection committee as referred to in paragraph (1) consists of 3 (three) persons of the elements of the Government and 6 (six) people of the element of society.

(3) The membership of the selection committee is as referred to on paragraph (2) specified in the Presidential Decree.

Article 37

(1) The selection committee as referred to in Section 36 announces receipt of the registration of the candidate of the executor and member of the board of supervisors for at least 5 (five) days work after set.

(2) Registration and selection of potential acting limbs and a member of the supervising board is conducted within 30 (thirty) days of continual work.

(3) The selection committee announces the name of the candidate body of the executor and the name of the supervising board member to the public to get the most extended response 5 (five) days after registration is closed.

(4) The response as referred to in paragraph (3) delivered to the selection committee of the longest 15 (fifteen) working days from the date announced.

(5) The selection committee determines the candidate of the executor and the supervising board member who will be able to be the member of the supervising board. delivered to the President as much as 2 (two) times the number of positions required at most 10 (ten) business days from the date of the expiration date of the response delivery of the public.

Article 38

(1) The President selectees and sets a supervising board member of the Government element and a member of the governing body based on the proposal of the selection committee.

(2) The President submitted the name of a prospective supervising board member of the community to the House of Representatives of 2 (two) times the amount of office required at least 10 (ten) working days since the date of the recipient list of the selection committee.

(3) the DPR selets members The board of trustees that is derived from the community element as referred to in paragraph (2) at most 20 (twenty) business days from the date of receipt of the proposal from the President.

(4) The Speaker of the House of Representatives relayed the name of the chosen candidate as is referred to in paragraph (3) to the President of the longest 5 (five) working days from the date of the end of the election.

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(5) The President designates the chosen candidate as referred to in paragraph (4) the longest 30 (thirty) days of work to date from the date of receipt of the letter from the Speaker.

(6) The supervising of the supervising board members of the elements of the government and a member of the governing body as referred to in paragraph (1) is performed together with the designation of the supervising board members as referred to in paragraph (5).

Section 39

Further provisions on the manner of election and the designation of the members of the acting and supervising board members as referred to in Article 36, Section 37, and Section 38 are set in the Presidential Ordinance.

Section Third Stop

Article 40

A member of the supervising board or supervising board member quit his post for the reason:

a. dead of the world;

b. term term expires; or

c. dismissed.

Section 41

(1) A member of the supervising board or supervising board member may be temporarily dismissed for the reason:

a. Continuous pain is more than 3 (three) months so unable to perform its duties;

b. set to be a suspect; or

c. subject to administrative sanction of a temporary stop.

(2) In the event of a member of the executor or supervising board member is dismissed while as referred to in paragraph (1), the President appoints officials while contemplaing the Minister's proposal.

(3) A member of the board of trustees or members of the board of trustees as referred to in the paragraph (1) is returned to his post if it has been declared healthy again to carry out the task, if its status as a suspect is revoked, or administrative sanction The temporary stop was lifted.

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(4) The term (4) of the term (3) is performed at least 30 (thirty) days from being declared healthy, status as a suspect revoked, or administrative sanction of the dismissal while it is revoked.

(5) The Pit Stop while a member of the board of trustees or members of the board of trustees as referred to in verse (1) and the return of the office as referred to in paragraph (3) are conducted by the President.

Article 42

Managing board member or supervising board member dismissed from office with the reason:

a. Continual pain for 6 (six) months so as not to be able to perform its duties;

b. not perform its duties as a member of the governing body or a supervising board member continuously more than 3 (three) months for reasons other than as referred to in the letter a;

c. malicious BPKH and Jemaah Hajj interests because a policy error was taken;

d. To be a defendant for committing a felony;

e. no longer meets the requirements as a appointed as an employee at BPKH. (3) Further terms on the terms and conditions of the appointment

BPKH employees are set up in the Presidential Regulation.

CHAPTER IV REQUIREMENTS, ELECTION AND DESIGNATION RULES, AS WELL AS THE DISMISSAL OF THE EXECUTORS AND MEMBERS OF THE

SUPERVISORS BOARD

Section Parts Requirements Member Requirements

and Supervisors Board Members

Paragraph 1 General Requirements

Article 34

(1) To be decommissioned as a member of the governing body and board member Supervisors, cared to in paragraph (1) and paragraph (2) are conducted in the drafting and determination of policy regarding improving the quality of the financial management of Hajj.

CHAPTER IX PROVISIONS OF THE COVER

Section 56

At the time this Act goes into effect, all provisions relating to the management of the Financial Hajj in the Law Number 13 of 2008 on the Host of Hajj and all laws which are the regulations execution of Act No. 13 of 2008 on the Hosting Hajj Pilgrimage, stated that it still remains in effect as long as it does not conflict with the provisions of this Act.

Article 57

The enforcement of this Act shall be set at most a year since the Act is promulred.

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Article 58

BPKH must already be formed at least 1 (one) years since the Invite was promulred.

Section 59

In the most prolonged period 6 (six) months since the formation of BPKH, all Activas and passiva and legal rights and obligations to the International Hajj and its wealth are turned into assets and passiva and BPKH legal rights and obligations.

Section 60

The Act goes into effect on the date of the promulcity.

For everyone to know it, order the invitation of this Act with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta on 17 October 2014

PRESIDENT OF THE REPUBLIC OF INDONESIA,

DR. H. SUSILO BAMBANG YUDHOYONO

UNDRASED in Jakarta on 17 October 2014

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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rm of 5 (five)

years. (2) Based on the strategic plan as referred to in paragraph (1),

BPKH is drawing up its annual work and budget plan. (3) The annual work and budget plan as referred to in

paragraph (2) is accompanied by an overview of the annual work plan and budget. (4) The strategic plan as well as the annual employment and budget plan

as referred to in paragraph (1) and paragraph (3) is set by the governing body, after having received approval from the House.

(5) the annual work and budget plan as referred to in paragraph (4) is a reference to the implementation of the Financial management of Hajj.

Article 46 (1) The financial Hajj is mandatory at the General Bank of Sharia and/or the Unit

Syariah Business. (2) The Hajj Finance as referred to in paragraph (1) can

be placed and/or invested. (3) In conducting placement and/or investment as

referred to a paragraph (2) must conform to the principle of sharia and consider the security aspects, prudness, benefit values, and liquidity.

Article 47 (1) BPKH is mandatory manage and provide equivalent Hajj Finance

with a requirement of 2 (two) times the cost of Hosting Hajj Services. (2) The penetration of the quantity of needs as intended in

paragraph (1) is governed by the Decree of the Minister.

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Article 48

(1) The Placement and/or financial investment of Hajj may be carried out in the form of banking products, valuables, gold, direct investment and other investments.

(2) Placement and/or investment The financial Hajj as referred to in verse (1) is done in accordance with the principle of sharia by considering aspects of security, care, benefits, and liquidity.

(3) Further provisions regarding placement and/or investment Financial Hajj is set in Government Regulation.

Article 49

(1) The placement and/or financial investment of Hajj is carried out over the approval of the supervisors ' board

(2) The placement and/or financial investment of Hajj as contemplated in paragraph (1) is transferred from Kas Haji to the BPKH treasury.

Article 50

BPKH in hajj financial management uses a rupiah currency count unit.

Article 51

Further provisions concerning the governance of Hajj Finance management are set up in Government Regulation.

BAB VI LIABILITY

Section 52

(1) The governing body is required to submit a report on the responsibility of implementation of the Hajj Finance management to the supervisors on a monthly basis, quarterly, semester, and annual.

(2) The Report The responsibility of the Hajj Financial Management is intended in paragraph (1) Consists of performance reports and financial reports.

(3) The financial statements as referred to in paragraph (2) include budget realization reports, operational reports, cash flow reports, balance sheets, and records on financial statements.

(4) The financial statements as referred to in paragraph (3) are compiled and presented in accordance with applicable financial accounting standards.

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(5) BPKH is required to submit a report on the responsibility of the unaudited implementation of Hajj Finance management to the President and the DPR through the Minister every 6 (six) months.

(6) Responsible reports Hajj Financial Management is audited by the Financial Governing Body in accordance with the provisions of the laws.

(7) BPKH is required to submit a report of responsibility for the implementation of the Hajj Financial Management that has been audited by the Financial Examiner's Agency to the President and the House of Representatives through the slowest Minister on 30 June of the following year.

(8) The report of the implementation of the Hajj Financial Management as referred to in paragraph (5) is published in the form of an executive summary through the least 2 (two) national and slowest electronic media print media. date of July 31 of the following year.

Section 53

(1) A member of the acting entity and Supervisors are responsible for the loss and/or negligence of the Hajj.

(2) Body Members Executor and supervising board members are exempt from the liability for the loss as intended to the paragraph (1), if it can prove:

a. The loss is not due to an error or error;

b. have been performing the management and supervision of the good and prucency for the benefit and in accordance with the purposes of the Financial management of Hajj as referred to in Article 3;

c. no direct impact of interest nor directly for the Hajj Financial Management action resulting in the loss; and

d. have taken action to prevent any such loss.

(3) At the end of the term, a member of the supervising board member and the supervising board members are required to submit a report of responsibility for the conduct of its duties to the President and House.

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BAB VII SUPERVISION

Section 54

(1) The supervision of the BPKH is done internally and externally.

(2) Internal supervision of BPKH is carried out by the supervisors board.

(3) External supervision BPKH is carried out by the DPR based on the audit results of the Financial Examiner Agency.

BAB VIII COORDINATION AND RELATIONS WITH OTHER AGENCIES

Article 55

(1) BPKH in carrying out the task and function of coordinating with the ministries/agencies associated with the management of Hajj services, financial services, and investment, both within the country and abroad.

(2) BPKH may cooperate with the enterprise and/or agencies, both within the country and abroad, in order to improve the quality of Hajj Finance management as well as the development and development of the institutional BPKH.

(3) Coordination and cooperation as refer