Regulation Of The Minister Of Finance Number 172/fmd. 02/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 172/PMK.02/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51493807f09967313233343333.html

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Back NEWS REPUBLIC of INDONESIA No. 1418, 2013 the MINISTRY of finance. Funds. Organizing, Train. Economy. The provision. Disbursement. The Ordinance.

REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 172/FMD. 02/2013 ABOUT ORDINANCE provision, liquefaction, and ACCOUNTABILITY of the FUND HOLDING of the OBLIGATIONS of PUBLIC SERVICE RAIL TRANSPORT FIELDS of ECONOMY CLASS with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order the execution of the obligations of public service rail transport fields of economy class, has set out the allocation of the Fund holding of the obligations of public service rail transport fields of economy class in the income and Expenditure Budget of the State (STATE BUDGET) and/or BUDGET changes;
b. that, in order to flesh out the provisions on the procedures for provision, liquefaction, and accountability of the Fund holding of the obligations of public service rail transport fields of economy class, the need to reorganize the Ordinance provision, liquefaction, and accountability of the Fund holding of the obligations of public service rail transport fields of economy class that was previously set in the regulation of the Minister of finance Number 143/FMD. 02/2012;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of Finance Ordinance provision, liquefaction, and accountability of the Fund holding of the obligations of public service Rail Transport fields of economy class;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 19 of 2003 about State-owned enterprises (State Gazette of the Republic of Indonesia number 70 in 2003, an additional Sheet of the Republic of Indonesia Number 4297);
3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
4. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400);
5. Act No. 19 in 2012 about the budget of the State Expenditures And revenues of the fiscal year 2013 (State Gazette of the Republic of Indonesia in 2012 the number 228, an additional Sheet of the Republic of Indonesia Number 5361), as amended by law number 15 Year 2013 (Gazette of the Republic of Indonesia Number 108 by 2013, an additional Sheet of the Republic of Indonesia Number 5426);
6. Government Regulation Number 45 in 2005 about the establishment, Management, supervision, And the dissolution of the State-owned enterprises (State Gazette of the Republic of Indonesia Number 117 in 2005, an additional Sheet of the Republic of Indonesia Number 4556);
7. Government Regulation Number 90 in 2010 about the preparation of the work plan and budget Ministries/institutions (State Gazette of the Republic of Indonesia Number 152 of 2010, an additional Sheet of the Republic of Indonesia Number 5178);
8. Government Regulation Number 45 2013 about Procedures the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 103 by 2013, an additional Sheet of the Republic of Indonesia Number 5423);
9. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries, as well as the arrangement of the Organization, duties and functions of the Echelon I Ministries as it has several times changed the last presidential regulation Number 38 by 2013 (the State Gazette of the Republic of Indonesia by 2013 the number 90);
10. Presidential regulation Number 53 in 2012 about the obligations of public service And Pioneering the field of Railways Transportation Subsidies, the cost of using infrastructure of State-owned Railways, as well as the Maintenance and operation of the State-owned Railways Infrastructure;
11. Presidential Decree Number 37 in 2012 about the details of the budget of the Central Government Budget Year 2013;
12. Regulation of the Minister of finance Number 82/FMD. 05/2007 about the procedures for Disbursement Over the burden of Budget revenues and Expenditures of the State Through the State General Treasury Account as amended by regulation of the Minister of finance Number 179/FMD. 05/2010;
13. the regulation of the Minister of finance Number 91/FMD. 05/2007 about the Chart of accounts standard;
14. Regulation of the Minister of finance Number 171/FMD. 05/2007 on the system of accounting and financial reporting to the Central Government as amended by regulation of the Minister of finance Number 233/FMD. 05/2011;
15. Regulation of the Minister of finance Number 250/FMD. 05/2010 regarding the procedures for disbursement of Budget revenues and Expenditures of the State Budget Burden State General Treasurer On the State Treasury Ministry Office;
16. Regulation of the Minister of finance Number 256/FMD. 05/2010 regarding the procedures for storage and Thawing reserve fund;
17. Regulation of the Minister of finance Number 160/FMD. 02/2012 about the drafting Instructions And an endorsement of the budget Implementation Checklist as amended by regulation of the Minister of finance Number 29/FMD. 02/2013;
18. Regulation of the Minister of finance Number 190/FMD. 05/2012 about Payment Procedures in the framework of the implementation of the Budget of the State Expenditures And Revenues;
19. Regulation of the Minister of finance Number 241/FMD. 05/2012 about accounting systems Shopping Subsidies;
20. Regulation of the Minister of finance Number 247/FMD. 02/2012 about the procedures for planning, allocation, Assignment And Endorsement of the document the implementation of the Budget of the State General Treasurer;
Decide: define: REGULATION of the MINISTER of FINANCE ORDINANCE provision, liquefaction, and ACCOUNTABILITY of the FUND HOLDING of the OBLIGATIONS of PUBLIC SERVICE RAIL TRANSPORT FIELDS of economy class.
Article 1 In regulation of the Minister, that is: 1. Business entity is a State-owned enterprise or a legal entity established for Indonesia special railways.
2. State-owned enterprises which further shortened to STATE-OWNED ENTERPRISES is a business entity that all or most of the capital is owned by the State through its investment directly derived from the wealth of the country separated.
3. Public Service Obligations is the obligation of the Government to provide a service of freight trains to the community with affordable rates.
4. Checklist of implementation of the budget referred to hereafter DIPA is a document the implementation of the budget the budget drawn up by the user/User Power budget.
5. Budget Users hereinafter abbreviated PA is the official holder of the use of budget authority ministries/agencies.
6. The power of the Budget Users hereinafter abbreviated KPA is officials who obtained power of Attorney from the PA to exercise some authority and responsibility for the use of the budget on ministries/institutions concerned.
7. Reserve Fund Account is an account belonging to the Minister of finance as Treasurer General of the country used to keep a reserve fund.
Article 2 in order to provide the service of railway transportation economy class to the community with affordable fares, the Government organized a public service obligation.

Article 3 (1) the allocation of funds for the purposes of organizing the obligation of public service rail transport fields of economy class defined in the STATE BUDGET and/or BUDGET changes.
(2) Upon the allocation of the funds referred to in subsection (1), DIPA published according to the provisions of legislation.
(3) TH as referred to in paragraph (2), used as the basis of the implementation of the payment obligations of the Organization of the public service railway transport fields of economy class.
Article 4 (1) in the framework of the implementation of the activities of the Organization of the public service obligations of the railway transport fields of economy class, the Minister of finance as the PA pointed to the Director General of Railways Ministry of transportation as KPA.
(2) the KPA as referred to in paragraph (1) published a decision to establish: a. officials who are empowered to perform the actions that resulted in the spending of budget/activities/maker in charge of commitment; and b. officials who are empowered to examine the Bills to the State and signed the Warrant pay (SPM).
(3) a copy of the decision letter as referred to in paragraph (2) is submitted to the Head Office of the Ministry of State Treasury business partners as the General Treasurer of the State Power.
Article 5 (1) disbursement of organizing the obligation of public service rail transport fields of economy class is conducted on a monthly basis.
(2) the directors of a business entity filing the bill payment of organizing the obligation of public service rail transport fields of economy class for months in regard to KPA.
(3) the amount of funding the Organization of the public service obligations of the rail transport field economy class were disbursed each month most of 90% (ninety percent) of the calculation result verification.
(4) difference in the lack or excess of disbursements of organizing the obligation of public service rail transport fields of economy class will be taken into account after verification of documents and conducted quarterly.
(5) further Provisions regarding the procedures for submission of the Bill and the verification of regulated by KPA.
Article 6 procedures for disbursement of organizing the obligation of public service rail transport fields of economy class is implemented in accordance with the provisions of the legislation.

Article 7

(1) the remainder of the Fund holding of the obligations of public service rail transport fields of economy class which has yet to be paid up to the end of December of the current year as a result of not doing the verification documents and field as stipulated in article 5 paragraph (4), be placed on the Reserve Fund Account in accordance with the provisions of the legislation.
(2) placement of funds on the accounts of the reserve fund referred to in subsection (1), of the Bills and the highest value of the rest of the pagu DIPA.
(3) the disbursement of funds on the accounts of the reserve fund referred to in subsection (2) is conducted in accordance with the provisions of the legislation.
Article 8 Corporately responsible for formally and materially the implementation and use of the funds of the Organization of the public service obligations of the rail transport field of economy class.

Article 9 KPA fully responsible upon remittances of organizing the obligation of public service rail transport fields of economy class to business entities.

Article 10 (1) a business entity report accountability for the use of funds of the Organization of the public service obligations of the rail transport field economy class to the KPA in accordance with the provisions of the legislation.
(2) use of the accountability reports deliver KPA Fund organizing the obligation of public service rail transport fields of economy class to the Minister of finance.
Article 11 KPA organizes accounting and reporting in accordance with the provisions of the legislation.

Article 12 (1) of the use of funds of the Organization of the public service obligations of the rail transport field economy class referred to in article 8, performed by authorized inspectors in accordance with the provisions of the legislation.
(2) the report of the results of the examination referred to in subsection (1) is submitted to the Director General, KPA budget-Ministry of finance, and Director General of the Treasury-Ministry of finance.
(3) a business entity report the use of the Fund holding of the obligations of public service rail transport fields of economy class has done an examination referred to in subsection (1) to the Government through the Minister of transport at the latest 1 (one) months in accordance with the provisions of the legislation.
Article 13 (1) in the case based on the results of the checks referred to in article 12 paragraph (1) States that the amount of funding the Organization of the public service obligations of the rail transport field economy class is greater than the amount paid by the Government to the Agency's efforts, the proposed payment shortage for budgeted in the STATE BUDGET and/or BUDGET changes in accordance with the provisions of the legislation.
(2) Lack of payment referred to in subsection (1) is payable in the event of separation of the business entity has been doing bookkeeping in accordance with provisions of laws and regulations.
(3) in the case based on the results of the checks referred to in article 12 paragraph (1) States that the amount of funding the Organization of the public service obligations of the rail transport field economy class is smaller than the amount paid by the Government to the efforts, the overpayment is meant to be deposited into the State Treasury as an acceptance of the State is not in accordance with the provisions of Tax legislation.
Article 14 implementation of activities in the framework of the Organization of the public service obligations of the railway transport fields of economy, the Ministry of finance and the Ministry of transportation can form teams to undertake monitoring and evaluation in accordance with those powers.

Article 15 of the regulation the Minister applies all funds for organizing the obligation of public service rail transport fields of economy class still budgeted/provided in STATE BUDGET and/or BUDGET changes.

Article 16 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of finance Number 143/FMD. 02/2012 about the Ordinance provision, liquefaction, and accountability of the Fund holding of the obligations of public service Rail Transport fields of economy class, revoked and declared inapplicable.

Article 17 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 4 December 2013, FINANCE MINISTER of the REPUBLIC of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on 4 December 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();