Act No. 34 By 2014

Original Language Title: Undang-Undang Nomor 34 Tahun 2014

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LEMBARANNEGARAREPUBLIK INDONESIA STATE GAZETTE of REPUBLIC of INDONESIA No. 296, 2014 KESRA. The Hajj. The management. Finance. Funds. Providence. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5605) Law of the Republic of INDONESIA NUMBER 34 by 2014 ABOUT FINANCIAL MANAGEMENT of HAJJ by the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the State guarantees the independence of each population to embrace his religion and to worship according to his religion and beliefs that, as mandated in the Constitution of the Republic of Indonesia in 1945; b. that the number of citizens of Indonesia who sign up to perform the pilgrimage continues to increase while the Hajj quota limited that number of jemaah haji wait increased; c. that an increasing number of jemaah haji wait resulted in a buildup of Hajj funds accumulation; d. that the accumulation of funds potentially enhanced value the benefits of Hajj in order to support the Organization of the Hajj more qualified through the effective financial management of the Hajj, efficient, transparent, accountable, and in accordance with the provisions of the legislation; 2014 www.djpp.kemenkumham.go.id, no. 296 2 e. to ensure that financial management of the Hajj are effective, efficient, transparent, and accountable requires a strong legal umbrella; f. that based on considerations as referred to in letter a, letter b, letter c, letter d, letter e and the need to establish laws on the financial management of the Hajj; Remember: article 5 paragraph (1), article 20, and article 29 of the Constitution of the Republic of Indonesia in 1945; Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on the FINANCIAL MANAGEMENT of the Hajj. CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. Finance the Hajj is all the rights and obligations of the Government can be assessed with the money related to the Organization of the pilgrimage as well as all the wealth in the form of money or goods can be valued with money as a result of the implementation of these rights and obligations, whether sourced from jemaah haji nor other sources of legitimate and not binding. 2. Fund deposit funding costs is Hajj organizing the Hajj, Hajj organizing efficiency funds, funds of the eternal people, as well as the value of benefits by the countries in the framework of the Organization of the Hajj and the implementation of the programme of activities for the benefit of Muslims. 3. Dana Abadi Umat hereinafter abbreviated DAU is a number of funds prior to the enactment of this legislation is obtained from the results of the DAU development and/or the rest of the operational costs of the Organization of the Hajj and other sources that are lawful and not binding in accordance with the provisions of the legislation. 2014 www.djpp.kemenkumham.go.id, no. 2353 4. Agency Financial Manager Haji hereinafter abbreviated BPKH are institutions that perform financial management of the Hajj. 5. Public Bank Syariah bank is running its business activities based on sharia principles, which in its activities provided services in payment traffic. 6. the Syariah Business Unit is a unit of work from the headquarters of conventional commercial banks that serve as holding an Office or Office units that carry out the business activities based on sharia principles. 7. Bank Deposit Costs of organizing Hajj hereinafter abbreviated BPS BPIH is the Public Sharia Bank and/or the Syariah Business Unit appointed by BPKH. 8. cash account is Haji BPKH on public Bank Syariah and/or Syariah Business Unit that was used to accommodate Hajj Funds. 9. The organization of the Hajj is a series of activities is the management of the implementation of the pilgrimage that includes the implementation of construction, service, and protection of jemaah haji that was held by the Government. 10. The organization of the pilgrimage is a Special Organization of the pilgrimage undertaken by organizers of the pilgrimage with the management, financing, and his Ministry are special. 11. Organizer of the pilgrimage which subsequently abbreviated to PIHK is the party that organized the pilgrimage which has special permission from the Minister as PIHK. 12. The cost of organizing the Hajj which further abbreviated as BPIH is the amount to be paid by citizens who will perform the pilgrimage. 13. The cost of organizing a special Hajj hereinafter referred to BPIH Special is the amount that must be paid for by the Congregation of the Hajj which will perform the pilgrimage. 14. the Assembly of the Hajj is a citizen of Indonesia a Muslim and has signed up to perform the pilgrimage in accordance with the terms specified. 15. The House of representatives which further shortened the HOUSE is the House of representatives as stipulated in the Constitution of the Republic of Indonesia in 1945. 16. The Central Government that the Government is hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 2014 www.djpp.kemenkumham.go.id, no. 296 4 17. The Minister is the Minister of the organizing Affairs of the Government in the field of religion. Article 2 of the financial management of the Hajj is based on: a. the sharia principles; b. the principle of prudence; c. benefits; d. nonprofit; e. the transparent; and f. accountable. Chapter 3 financial management of Hajj aims: a. increase the quality of the Organization of the Hajj; b. the rationality and efficiency of use of BPIH; and c. the benefit for the benefit of Muslims. CHAPTER II FINANCIAL HAJJ article 4 Finances the Hajj includes: a. acceptance; b. expenditures; and c. wealth. Article 5 the financial Acceptability of Hajj as referred to in article 4 letter a include: a. deposit BPIH and/or BPIH special; b. the value of the financial benefits of Hajj; c. funds efficiency of organizing Hajj; d. DAU; and/or e. another source of legitimate and not binding. www.djpp.kemenkumham.go.id


2014, no. 2965 article 6 (1) BPIH Deposit and/or Special BPIH referred to in article 5 the letter a is obtained from the Congregation. (2) deposit of BPIH and/or BPIH Specifically referred to in subsection (1) is payable to the account on behalf of BPKH in his position as the legitimate representatives of the Congregation of the Hajj on the Hajj through Cash BPS BPIH. (3) the balance of BPIH deposit and/or Special BPIH consists of BPIH deposit and/or Special BPIH with the value of the benefit. (4) the balance of BPIH deposit and/or BPIH cannot be taken by the Assembly. (5) the taking of BPIH deposit balance and/or Special BPIH as referred to in paragraph (4) can only be done when the Congregation of Haji cancel portions, either because of death or other legitimate reason as set forth in the provisions of the legislation regarding the Organization of the Hajj. Article 7 (1) BPIH Deposit and/or Special BPIH referred to in article 5 of deposit funds is a Congregation for the Hajj Pilgrimage. (2) in the event that the balance of BPIH deposit and/or Special BPIH larger than the setting of BPIH and/or BPIH Special year running, BPKH mandatory return the difference to the Congregation. Article 8 (1) the value of the financial benefits of Hajj as stipulated in article 5 and the letter b is obtained from the results of financial development. (2) the value of the financial benefits of Hajj as referred to in subsection (1) is placed on the Cash. Article 9 (1) efficiency of organizing the pilgrimage Fund as stipulated in article 5 subparagraph c is obtained from the results of the efficiency of the operational costs of organizing the pilgrimage. (2) the funds of the efficiency of the Organization of the Hajj as referred to in subsection (1) is placed on the Cash. Article 10 of the financial Expenditures of the Hajj as referred to in article 4 letter b include: www.djpp.kemenkumham.go.id 2014, no. 296 of 6 a. organizing the Hajj; b. operational BPKH; c. placement and/or financial investment the Hajj; d. return on deposits BPIH and/or BPIH a special Congregation of Hajj which cancels the departure with a valid reason; e. payment deposit balance Special BPIH to PIHK; f. payment of the value of the benefits BPIH deposit and/or Special BPIH; g. activities for the benefit of Muslims; and h. a refund of the difference in the balance of deposits BPIH and/or BPIH BPIH assignment of Specific and/or Special BPIH the current year. Article 11 (1) the magnitude of expenditure for the Organization of the Hajj as referred to in article 10 a set by the Government after the approval of the House. (2) Expenses for organizing the Hajj as referred to in subsection (1) done by moving funds from Cash to cash units of labor organizer of the pilgrimage regularly. (3) further Provisions regarding the procedures for the transfer of funds from Cash Payment to Financial Expenditure Hajj Hajj as referred to in paragraph (2) including penahapan and quantity of each stages set in the regulation of the Minister. Article 12 (1) the operational Expenditure BPKH as stipulated in article 10 the letter b include: a. employee expenditures; and b. the operational expenditures of the Office. (2) the expenditure referred to in paragraph [1] conducted by the principle of rational, effective, efficient, transparent, and accountable. (3) the magnitude of the expenditure referred to in subsection (1) is determined based on a percentage of the value of the financial benefits of Hajj. (4) the magnitude of the expenditure referred to in paragraph (1) proposed by BPKH and set by the Minister after obtaining the consent of the HOUSE of REPRESENTATIVES. (5) the Expenses referred to in subsection (1) done by moving funds from Cash to cash BPKH. (6) the remaining operational budget BPKH returned to the Coffers of the Hajj. 2014 www.djpp.kemenkumham.go.id, no. 2967 Article 13 Expenses placement investment and/or Finance the Hajj as stipulated in article 10 subparagraph c was carried out after obtaining the approval of the Board of Trustees. Article 14 Expenses refund deposits BPIH and/or BPIH Specifically Jemaah Haji as stipulated in article 10 of the letter d BPIH deposit balance and/or Special BPIH and paid to each congregation of the Hajj that cancel your departure. Article 15 Expenditure payment deposit balance BPIH Special to the PIHK referred to in article 10 the letter e is paid by number of Jemaah Haji special that has been paying off Special BPIH and departed on the current year. Article 16 (1) the expenditure on the payment of the value of the benefits BPIH deposit and/or Special BPIH referred to in article 10 the letter f was done by BPKH periodically to a virtual Congregation of Hajj. (2) the magnitude of the expenditure referred to in subsection (1) is determined based on a percentage of the value of the financial benefits of Hajj. (3) the magnitude of a percentage of the value of the financial benefits of Hajj as referred to in paragraph (2) are set annually by BPKH after approval from Parliament. Article 17 Expenditure activities to benefit the Muslims as stipulated in article 10 subparagraph g of their funding comes from the value of the benefits of DAU. Article 18 the wealth as mentioned in article 4 letter c includes the money and goods that can be assessed with the money managed by BPKH. Article 19 further Provisions regarding the receipt, expenditure and the financial wealth of the Hajj as referred to in article 4 set forth in a government regulation. 2014 www.djpp.kemenkumham.go.id, no. 296 of 8 FINANCIAL MANAGEMENT CHAPTER III Part I General HAJJ article 20 (1) the financial management of the Hajj is performed by BPKH. (2) BPKH as mentioned on paragraph (1) is a body of public law on the basis of this Act. (3) BPKH as mentioned on paragraph (2) are independent and accountable to the President through the Minister. (4) the financial management of the Hajj by BPKH done in korporatif and nonprofit. The second part is the seat of article 21 (1) BPKH as stipulated in article 20 paragraph (1) is domiciled and headquartered in the capital city of the Republic of Indonesia. (2) BPKH as mentioned on paragraph (1) may have representative offices in the province and branch offices at the kabupaten/kota. The third part of the tasks, functions, Authority, rights, Duties and obligations of Paragraph 1 of article 22 BPKH served managing their finances the Hajj which include admissions, development, expenses, and Financial accountability. Paragraph 2 of article 23 Function in carrying out the tasks referred to in Article 22, BPKH organizes functions: www.djpp.kemenkumham.go.id


2014, no. 2969 a. acceptance of the planning, development, and Financial expenditures of the Hajj; b. implementation of admissions, development, and Financial expenditures of the Hajj; c. the control and supervision of the reception, development, as well as Financial expenditures of the Hajj; and the reporting and accountability d. implementation of admissions, development, and Financial expenditures of the Hajj. Paragraph 3 of article 24 the authority in carrying out the tasks referred to in Article 22, BPKH authorized: a. puts and invest Financial Hajj in accordance with Sharia principles, prudence, security, and the value of the benefit; and b. conduct cooperation with other institutions in the framework of financial management of the Hajj. Paragraph 4 of article 25 Rights to carry out its duties and functions as in article 22 and article 23, BPKH reserves the right to raise funds for the operational programme financial management of the Hajj were sourced from the value of the financial benefits of Hajj. Paragraph 5 of article 26 Duty to carry out the duties and functions as in section 22 and section 23, BPKH compulsory: a. manage the finances of the Hajj in a transparent and accountable for the maximum interests of the Congregation of the Hajj and the benefit of the Muslims; b. provide the information through the media about the performance, financial condition, as well as a wealth of development results and periodically every 6 (six) months; 2014 www.djpp.kemenkumham.go.id, no. 296 10 c. give information to the Congregation of Hajj concerning the value of the benefits BPIH and/or BPIH Specifically through virtual accounts each congregation of the Hajj; d. undertake bookkeeping in accordance with applicable accounting standards; e. report on the implementation of employee administration Finances the Hajj, periodically every 6 (six) months to Ministers and PARLIAMENT; f. pay the value of the benefits BPIH deposit and/or Special BPIH periodically to the virtual account any Jemaah Haji; and g. returns the difference between the balance of deposits BPIH and/or BPIH BPIH assignment of Specific and/or Special BPIH the current year to the Congregation. The third part of the Organ of the paragraph 1 article 27 Organs BPKH Structure consists of implementing bodies and the Board of Trustees. Paragraph 2 of article 28 of the implementing Agency (1) the implementing Agency has the function of planning, implementation, accountability, and financial reporting. (2) in the exercise of the functions referred to in subsection (1), the implementing agency is in charge of: a. prepare the formulation of policies, strategic plans, and annual work plan and budget the financial management of the Hajj; b. Financial management programs carry out Hajj has set as well as recommendations upon the results of the surveillance and monitoring of the Board of Trustees; c. perform the Hajj financial management and administering assets BPKH according to the provisions of legislation; d. report on implementation of the annual budget for the programme and financial management of the Hajj on a regular basis to the Board of Trustees; 2014 www.djpp.kemenkumham.go.id, no. 29611 e. prepare a report of accountability to the President and the House BPKH; f. assign provision of technical implementation of operational BPKH; g. Financial management administration organizes the Hajj according to the provisions of legislation; and h. create financial reports in accordance with the provisions of the legislation. (3) in carrying out the tasks referred to in paragraph (2), the implementing agency is authorized: a. carry out the authorized BPKH; b. set the organizational structure with basic tasks and functions, the work of the Organization, and staffing systems; c. staffing management organizes BPKH, including lifting, moving, and lay off employees and assigning revenue BPKH BPKH employees; d. proposed to the President through the Minister about earnings for the Board of Trustees and the implementing agencies; and e. establish conditions and procedures for the procurement of goods and services in the framework of the Organization of tasks by observing the principle of BPKH transparency, accountability, efficiency, and effectiveness. (4) further Provisions regarding the procedures for the implementation of the functions, duties, and authority of the implementing bodies as referred to in paragraph (1), subsection (2), and subsection (3) is set in the Regulation of the President. Article 29 (1) of the Implementing Agencies at least consists of 5 (five) members who come from the professional elements. (2) the members of the managing body as referred to in paragraph (1) are appointed and dismissed by the President. (3) the Managing Board are appointed for a period of 5 (five) years and may be reappointed for proposed for 1 (one) next term. Paragraph 3 article 30 Supervisory Board (1) the Supervisory Board has a supervisory function toward the financial management of the Hajj. 2014 www.djpp.kemenkumham.go.id, no. 296 of 12 (2) in the exercise of the functions referred to in subsection (1), the Board of supervisors on duty: a. carry out the assessment upon the formulation of policies, strategic plan, work plan and the annual budget the financial management of the Hajj; b. carry out surveillance and monitoring of the implementation of the financial management of the Hajj; and c. assessing and giving consideration towards the implementation of the financial management accountability report and management report set to be before BPKH BPKH. (3) in carrying out its tasks as referred to in paragraph (2), the Board of Trustees authorized to: a. provide approval of the strategic plan and work plan and the annual budget of the financial management of the Hajj; b. provide approval of the placement and/or financial investment the Hajj; c. obtain and/or request reports from the implementing agencies; d. data access and information regarding the financial management of the Hajj; e. conducting a study of data and information regarding the financial management of the Hajj; and f. provide advice and recommendations to the President through the Minister implementing agencies regarding performance. (4) further Provisions regarding the procedures for the implementation of the functions, duties, and authority of the Board of Trustees referred to in subsection (1), subsection (2), and subsection (3) is set in the Regulation of the President. Article 31 (1) the Supervisory Board consists of 7 (seven) members who come from the professional elements. (2) the Board of Trustees referred to in subsection (1) consists of 2 (two) of the elements of the Government and the 5 (five) persons from the community. (3) a member of the Board of Trustees which is derived from the Government's elements as referred to in paragraph (2) composed of: a. one (1) person from the Ministry which conducts the Affairs of Government in the field of religion; and b. one (1) person from the Ministry that organizes the Affairs of Government in the field of finance. www.djpp.kemenkumham.go.id


2014 29613, no. (4) members of the Board of Trustees which is derived from elements of the community as referred to in paragraph (2) was chosen by the selection Committee formed by the President. (5) the provisions on the election of members of the Board of Trustees and proposals set forth in the regulation of the President. Article 32 (1) a member of the Board of Trustees as stipulated in article 31 paragraph (1) are appointed and dismissed by the President. (2) the President designate one of the members of the Board of supervisors referred to in paragraph (1) as Chairman of the Board of Trustees. (3) members of the Supervisory Board are appointed for a period of 5 (five) years and may be reappointed for proposed for 1 (one) next term. (4) in carrying out the tasks and functions, the Board of Trustees may be assisted by an audit committee. (5) the establishment of the audit Committee established by the Board of Trustees. Part four Employees BPKH Article 33 (1) an employee's status as an employee of BPKH BPKH. (2) Employees BPKH is a citizen of Indonesia which because his expertise was appointed as a clerk in BPKH. (3) further Provisions regarding the terms and procedures for the appointment of officers of the Rule set forth in President BPKH. CHAPTER IV REQUIREMENTS, the procedures for SELECTION and ASSIGNMENT, as well as the IMPLEMENTING AGENCY and the DISMISSAL of MEMBERS of the BOARD of TRUSTEES is considered part of the terms of the implementing Bodies and members of the members of the Board of Trustees of the paragraph 1 General requirements Article 34 (1) to be appointed as members of the managing body and member of the Board of Trustees, the members of managing bodies and the members of the Board of Trustees must meet the requirements: www.djpp.kemenkumham.go.id 2014, no. 296 14 a. citizen of Indonesia; b. Muslim; c. healthy physical and spiritual; d. have the integrity and personality which is not reprehensible; e. have the appropriate qualifications and competencies for financial management of the Hajj; f. age of least 40 (forty) years and most high sixty (60) years of age at the time had been nominated to be a Member; g. not currently be a member of or served as caretaker of the political party; h. not being being a suspect or defendant in a judicial process; i. never are convicted with imprisonment based on the Court ruling which has gained force of law remains for committing criminal acts of evil that threatened with imprisonment 5 (five) years or older; j. do not concurrently with the Office; and/or k. have knowledge of Islamic economy. (2) during the implementing body, the Member and the members of the Board of Trustees are prohibited from sitting position in Government, other legal entities, or as State officials. Paragraph 2 specific requirements Article 35 (1) in addition to the public must meet the requirements as stipulated in article 34 paragraph (1), the members of the managing bodies and the members of the Board of Trustees must meet specific requirements in the form of competence and experience in the field of financial management at least 5 (five) years. (2) the provisions on specific requirements set forth in the regulation of the President. The second part of the procedures for the selection and Designation of the implementing Bodies and members of the members of the Board of Trustees of article 36 (1) to select and define the implementing agency members and members of the Board of Trustees, President of forming the selection Committee. 2014 www.djpp.kemenkumham.go.id, no. 29615 (2) the membership of the selection Committee as referred to in subsection (1) consists of three (3) persons from the Government and 6 (six) people of the community. (3) the membership of the selection Committee as referred to in paragraph (2) set out in the decision of the President. Article 37 (1) the selection Committee referred to in Article 36 acceptance of registration of a candidate member body of the executor and member of the Board of Trustees of not longer than 5 (five) working days after the set. (2) registration and selection of the implementing agencies and the members of the members of the Board of Trustees made within 30 (thirty) working days continuously. (3) the selection Committee announced the names of the members of the managing bodies and the names of the members of the Board of Trustees to the public to get a response more than 5 (five) working days after the registration is closed. (4) the response referred to in subsection (3) is submitted to the selection Committee the longest 15 (fifteen) working days counted from the date to be announced. (5) the selection Committee determines the members of the managing body and member of the Board of Trustees that will be submitted to the President by as much as 2 (two) times the amount of the required term of not longer than 10 (ten) working days from the date of closure of the accounts for the period of delivery of the response from the community. Article 38 (1) the President of choose and assign a member of the Board of Trustees which is derived from elements of the implementing bodies and members of the Government upon the proposal of the selection Committee. (2) the President coined the name the members of the Board of Trustees that comes from society to HOUSE as many as two (2) times the amount of the required term of not longer than 10 (ten) working days counted from the date of receipt of the list of candidates of the selection Committee. (3) the HOUSE of REPRESENTATIVES chooses the members of the Board of Trustees which is derived from elements of the community as referred to in paragraph (2) the longest 20 (twenty) working days counted from the date of receipt of a proposal from the President. (4) the Chairman of the House of REPRESENTATIVES delivered the names of candidates elected as referred to in paragraph (3) to the President more than 5 (five) business days counted from the date of expiry of the election. www.djpp.kemenkumham.go.id


2014, no. 296 of 16 (5) of the selected candidate set President as referred to in paragraph (4) most longer than 30 (thirty) business days counted from the date of receipt of the letter from the Chairman of the House of REPRESENTATIVES. (6) the determination of the members of the Board of Trustees of the Government and members of the managing body as referred to in subsection (1) is carried out together with the determination of the members of the Supervisory Board as referred to in paragraph (5). Article 39 further Provisions regarding the procedures for the selection and designation of the implementing agency members and members of the Supervisory Board as stipulated in article 36, article 37 and article 38, set in the Regulation of the President. The third part of article 40 Stops executing agency Members or members of the Board of trustees quit his post with the reason: a. dies; b. term of office expires; or c. be dismissed. Article 41 (1) of the implementing agencies or members of the Supervisory Board members can be dismissed by reason of: a. constant pain more than 3 (three) months so that it could not perform its duties; b. set to be suspect; or c. are administrative sanctions suspension. (2) in the case of the implementing agency members or members of the Board of Trustees was dismissed while referred to in subsection (1), the President appoints the officials while taking into account the proposal of the Minister. (3) the Managing Board or supervisory board members as referred to in paragraph (1) are returned at the Office when it has been declared healthy again to perform the task, when its status as the suspect was revoked, or its temporary dismissal of administrative sanctions repealed. 2014 www.djpp.kemenkumham.go.id, no. 29617 (4) Return the position referred to in subsection (3) do the most not longer than 30 (thirty) days counted since declared healthy, his status as a suspect was revoked, or its temporary dismissal of administrative sanctions repealed. (5) dismissal of the Managing Board or while a member of the Board of Trustees as referred to in paragraph (1) and return the position referred to in subsection (3) is performed by the President. Article 42 implementing agency Members or members of the Board of Trustees be removed from Office by reason of: a. sick constantly for 6 (six) months so that it could not perform its duties; b. does not exercise his duties as a member of the implementing agencies or members of the Supervisory Board continuously more than 3 (three) months for reasons other than as referred to in subparagraph a; c. adverse BPKH and interests of Jemaah Haji fault policy are taken; d. be accused for committing a criminal offence; e. no longer meets the requirements of the implementing agency as a member or a member of the Board of Trustees; and/or f. resigned in writing at the request of its own. Article 43 in terms of managing board or supervisory board members quit as stipulated in article 40 letters a or dismissed as stipulated in article 42, the President appoints members of the implementing entities and/or a member of the Board of Trustees to forward the remainder of the term of Office are replaced. Article 44 (1) in case of vacancy of the implementing agency members and members of the Supervisory Board as referred to in article 43, the President of forming the selection Committee to choose the members of the intertemporal replacement. (2) the election Procedure and the determination of the members of the intertemporal replacements as referred to in paragraph (1) was carried out in accordance with the provisions referred to in Article 36, article 37, article 38, and article 39. 2014 www.djpp.kemenkumham.go.id, no. 296 of 6 (3) in case the remainder of the term of the vacant as referred to in subsection (1) is less than 18 (eighteen) months, President substitutes intertemporal members set upon proposal of the Minister. (4) the Minister submits the proposals referred to in paragraph (3) on the basis of the ranking of the results of the selection. (5) further Provisions regarding the procedures for selection and determination of the members of the intertemporal replacements as referred to in paragraph (1), subsection (2), subsection (3), and subsection (4) is set in the Regulation of the President. Chapter V FINANCIAL MANAGEMENT PROCEDURES of the HAJJ Article 45 (1) BPKH devised a strategic plan for the period of 5 (five) years. (2) based on the strategic plan referred to in subsection (1), BPKH devised a plan and annual budget. (3) the annual budget and work plan referred to in subsection (2), accompanied by an overview of the work plan and the annual budget. (4) the strategic plan and the annual work plan and budget as referred to in paragraph (1) and paragraph (3) are defined by the implementing agency, after obtaining the consent of the HOUSE of REPRESENTATIVES. (5) the work plan and the annual budget as referred to in paragraph (4) becomes reference in the implementation of the financial management of the Hajj. Article 46 (1) Finance the Hajj is mandatory in public Bank Syariah and/or Syariah Business Unit. (2) Finance the Hajj as referred to in paragraph (1) may be placed and/or invested. (3) in conducting placement and/or investments referred to in paragraph (2) must be in accordance with Sharia principles and considering the security aspects, prudence, the value of benefits, and liquidity. Article 47 (1) mandatory BPKH manage and provides Financial Haji which is equivalent to the needs of the 2 (two) times the cost of organizing the pilgrimage. (2) a determination as to the magnitude of the needs referred to in subsection (1) is governed by the decision of the Minister. www.djpp.kemenkumham.go.id


2014, no. 29619 Article 48 (1) placement and/or financial investment the Hajj can be done in the form of banking products, securities, gold, direct investment and other investment. (2) the placement and/or financial investment of Hajj as mentioned on paragraph (1) is carried out in accordance with Sharia principles taking into account the aspects of security, functioning hatian, the value of benefits, and liquidity. (3) the provisions on placement and/or financial investment of Hajj is set out in government regulations. Article 49 (1) placement and/or financial investment the Hajj is performed over the approval of the Board of Trustees (2) placement and/or financial investment of Hajj as mentioned on paragraph (1) was moved from Cash to cash BPKH. Article 50 BPKH Hajj in financial management using computational unit of currency is the rupiah. Article 51 further Provisions regarding the procedures for financial management of the Hajj is set out in government regulations. CHAPTER VI LIABILITY of article 52 (1) of the implementing Body is obliged to convey the report of the implementation of the financial management accountability to the Board of Trustees of the Hajj are monthly, quarterly, semester, and annual. (2) the implementation of the financial management accountability Report of the Hajj as referred to in subsection (1) consists of performance reports and financial statements. (3) the financial statements referred to in subsection (2) includes the realization of the budget report, operational reports, balance sheet, cash flow statement, and notes to financial statements. (4) the financial statements referred to in subsection (3) prepared and presented in accordance with the applicable financial accounting standards. 2014 www.djpp.kemenkumham.go.id, no. 296 of 20 (5) mandatory report BPKH accountability for implementation of the financial management of the Hajj that have not been audited to the President and the PARLIAMENT through Minister every 6 (six) months. (6) execution of the financial management accountability Report Haji audited Financial Examiner by the Agency in accordance with the provisions of the legislation. (7) mandatory report BPKH accountability for implementation of the financial management of the Hajj that have been audited by the Financial Reviewer to the President and the PARLIAMENT through the Minister no later than 30 June next year. (8) the implementation of a financial management accountability Report of the Hajj as referred to in paragraph (5) was published in the form of an executive summary through the electronic media at least 2 (two) national print media and at the latest on 31 July of the following year. Article 53 (1) of the implementing agency Members and members of the Board of Trustees are responsible renteng responsibility against losses on placement and/or financial investment the Hajj overall inflicted upon errors and/or omissions in the pengelolaanya. (2) the Managing Board and supervisory board members are exempt from liability for any damage as referred to in paragraph (1), if it can prove such losses: a. through no fault or negligence; b. Management and supervision have been doing with goodwill and prudence to interest and complies with the objectives of financial management of the Hajj as referred to in article 3; c. have no conflict of interest either directly or indirectly over the actions of the financial management of the Hajj which resulted in losses; and d. have taken action to prevent such loss has occurred or is continuing. (3) At the end of the term of Office, members of the managing body and member of the Board of Trustees is obligated to deliver the accountability report over the execution of his duty to the President and Parliament. 2014 www.djpp.kemenkumham.go.id, no. 29621 CHAPTER VII SUPERVISORY Section 54 (1) the supervision towards BPKH done internally and externally. (2) internal oversight BPKH conducted by the Board of Trustees. (3) the external Oversight performed by the House upon BPKH audit results the Agency Financial Examiners. CHAPTER VIII COORDINATION and RELATIONS with OTHER INSTITUTIONS of article 55 (1) in carrying out the tasks and BPKH functions coordinate with ministries/agencies associated with the Hajj management, financial services, and investment, both domestically and abroad. (2) BPKH can cooperate with businesses and/or institutions, both domestically and abroad, in order to improve the quality of the financial management of the Hajj as well as the development and construction of institutional BPKH. (3) Coordination and cooperation as referred to in paragraph (1) and paragraph (2) was performed in the preparation and determination of related policies to improve the quality of financial management. CHAPTER IX PROVISIONS COVER Article 56 at the time this law comes into force, all the provisions relating to the financial management of the Hajj in laws number 13 in 2008 about the Organization of the Hajj and all laws and regulations that are the rules of the implementation of Act No. 13 of 2008 about the Organization of the Hajj, otherwise still remain in force throughout does not conflict with the provisions of this Act. Article 57 of the regulation of implementation of this law should be set the longest one (1) year after the Act is enacted. 2014 www.djpp.kemenkumham.go.id, no. 296 22 Article 58 BPKH must have formed the longest one (1) year after the Act is enacted. Article 59 within the time period of not longer than 6 (six) months from the formation of BPKH, all assets and liabilities may as well as the legal rights and obligations over the Hajj with Financial wealth switch into assets and liability as well as the legal rights and obligations BPKH. Article 60 this law comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on October 17, 2014 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 17, 2014 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id