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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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STATE NEWS
REPUBLIC OF INDONESIA

No. 1418, 2013 MINISTRY OF FINANCE. Dana. Staging, Train. The economy. Provision. Thawing. Tata Cara.


REGULATIONS OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER
NUMBER 172 /PMK.02/ 2013
ABOUT
LAYOUT OF THE PROVISIONING, THAWING, AND ACCOUNTABILITY
FUNDING FOR PUBLIC SERVICE OBLIGATIONS FIELD
ECONOMY CLASS RAILWAY TRANSPORT

WITH THE GRACE OF THE ALMIGHTY GOD

FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.   that in order to exercise the public service obligations of the area of the economy of the economy, there has been an allocation of funds for the provision of public service obligations of the area of the economic class of railways in the Revenue and Shopping Budget. Country (APBN) and/or APBN-Perubahan;
B.  that in order to complete the provisions of the terms of the provision, the thawing, and the responsibility of the provision of the public service obligations of the field of the economic class of railways, need to rearrange the layout of the provision, the thawing, and the responsibility of the funding of the public service obligations of the area of the economic class railway that was previously set up in the Regulation of the Minister of Finance Number 143 /PMK.02/2012;
c. that under consideration as referred to in the letter a and the letter b, need to establish the Finance Minister's Regulation on the Order of the Provisioning, Thawing, And Liability Of The Funds For The Public Service Obligations Of The Transport Field Economy Class Railway;

Remembering: 1.   Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette Republic of Indonesia Number 4286);
2. Act No. 19 of 2003 on the State Governing Body (Indonesian Republic of Indonesia Year 2003 Number 70, Additional Gazette of the Republic of Indonesia Number 4297);
3. Act No. 1 Year 2004 on the State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
4. Act No. 15 Year 2004 on Examination of State Management and Financial Responsibility (sheet of State of the Republic of Indonesia 2004 No. 66, Additional Gazette Republic of Indonesia Number 4400);
5. Law No. 19 of 2012 on Budget and State Shopping of the Year of Budget 2013 (State Sheet of the Republic of Indonesia Year 2012 Number 228, Additional Gazette Republic of Indonesia Number 5361), as amended by Law Number 15 Of The Year 2013 (Sheet State Of The Republic Of Indonesia In 2013 Number 108, Additional Leaf Of State Republic Of Indonesia Number 5426);
6. Government Regulation Number 45 Year 2005 on Establishment, Governing, Supervision, And Dissolution Of State Owned Enterprise (sheet Of State Of The Republic Of Indonesia In 2005 Number 117, Additional Gazette Of The Republic Of Indonesia Number 4556);
7. Government Regulation No. 90 of 2010 on Drafting The Work Plan And The Budget Of The Ministry Of State/Institute (sheet Of State Of The Republic Of Indonesia In 2010 Number 152, Additional Sheet Of State Of Indonesia Indonesia Number 5178);
8. Government Regulation No. 45 Year 2013 on Tata cara Implementation of the Budget and State Shopping (State Sheet of Indonesia Year 2013 Number 103, Additional Gazette Republic of Indonesia Number 5423);
9. Presidential Regulation No. 24 of 2010 on Occupation, Duty, And Functions of the Ministry of State, As Well As Susunan Organization, Duty And Functions of the Ministry of State as it has been several times amended last by Presidential Regulation Number 38 2013 (sheet of State of the Republic of Indonesia in 2013 Number 90);
10.regulations Of President Number 53 Of 2012 On The Obligation Of Public Services And Subsidised Transport Of Railways Fields, The Cost Of Use Of State-owned Railway Infrastructure, As Well As The Maintenance And Operation Of The Railway Infrastructure Country:
11.Decision of Presidential Number 37 Year 2012 on the Details of the Central Government Shopping Budget Year of 2013;
12.Regulation of Finance Minister Number 82 /PMK.05/ 2007 on the Tata Cara Waters Fund on the Burden of Revenue Budget and State Shopping Through State Public Cash Accounts as amended by the Regulation of Finance Minister Number 179 /PMK.05/2010;
13.7 Finance Minister Regulation Number 91 /PMK.05/ 2007 on the Bagan Standard Account;
14.Regulation of the Minister of Finance Number 171 /PMK.05/ 2007 on the Accounting and Financial Reporting System of the Central Government as amended by the Regulation of the Minister of Finance Number 233 /PMK.05/2011;
15.Regulation of the Finance Minister Number 250 /PMK.05/ 2010 on the Tata Way Budgeting Of Budgeting Income And State Shopping Over The Budget Burden Of The Country 's General Treasurer On The Country' s Treasury Service Office;
16.7 Finance Minister Regulation Number 256 /PMK.05/ 2010 on the Tata Way of Storage and Reserve Fund Transfer;
17.Rules of Finance Minister Number 160 /PMK.02/ 2012 on the Drafting Guidelines and the enactment of the Budget Implementation Filling List as amended by the Regulation of Finance Minister Number 29 /PMK.02/2013;
18.Regulation Finance Minister Number 190 /PMK.05/ 2012 on the Tata Way Payment In Order of Implementing The Income Budget And State Spending;
19.Regulation Finance Minister Number 241/PMK.05/ 2012 about the Subsidy Shopping Accounting System;
20.7 Finance Minister Regulation No. 247 /PMK.02/ 2012 on Planning How Planning, Allocation, And Enactment Of The Country's Public Treasurer Budget Implementation Documents;

DECIDED:

Establish: REGULATION OF THE MINISTER OF FINANCE ON THE ORDER OF PROVISION, THAWING, AND ACCOUNTABILITY OF FUNDING FOR THE PUBLIC SERVICE OBLIGATIONS OF THE FIELD OF ECONOMIC CLASS RAILWAYS.

Section 1
In Regulation of this Minister, referred to by:
1. The Entity is a State Owned Entity or an Indonesian legal body specifically established for the railway.
2. The next State-Owed Business Agency (BUMN) is an entire business entity or most of its capital is owned by the State through direct inclusion of the sovereign wealth of the country.
3. Public Service Oblicity is the Government ' s obligation to provide rail transit services to the public at an affordable fare.
4. The following list of Budgeting Implementation is a document execution document compiled by the Budget User Power/Power User.
5. The next-term budget user (PA) is an official holder of the authority of the budget of the ministry of the country.
6. Power of the Budget User (KPA) is an official who is authorized by the PA to carry out a portion of the authority and responsibility of the use of the budget on the ministries of the state/agency concerned.
7. The Reserve Fund account is an account belonging to the Finance Minister as the State General Treasurer used to store the Reserve Fund.

Section 2
In order to provide economic class transport services to the public with affordable fares, the Government organizes public service obligations.

Section 3
(1) Alocation of funds for the purpose of holding public service obligations of the field of economic class railways are set in APBN and/or APBN-Changes.
(2) Based on the allocation of funds as referred to in paragraph (1), published DIPA in accordance with the provisions of the laws.
(3) The DIPA as referred to in paragraph (2), is used as the basis for the implementation of the payment of funds for the public service of the transport of the economy of the economy class.

Section 4
(1) In order to carry out the implementation of the activities of the public service of the area of the economy of the railway class, the Minister of Finance as the PA appoints the Director General of the Ministry of Transportation as the KPA.
(2) The KPA as referred to in paragraph (1) publishes the decision to establish:
a.  Officials who are authorized to perform actions that result in the spending of the spending/performing activities/commitment makers; and
B.  the official who was authorized to test the bill to the State and sign the Paying Warrant (SPM).
(3) A copy of the decision letter as referred to in paragraph (2) is delivered to the Head of the Treasury Service Office of the State of the Union as the Power of the State General Treasurer.

Section 5
(1) The drainage of the holding of the public service obligations of the field of economic class railways is carried out on a monthly rate.
(2) The Board of Directors submitted a bill of payment of funds holding the public service obligations of the transport field of the economy class for the month in regard to the KPA.
(3) The amount of funds holding the public service obligations of the field of economic services of the economy class is diluted each month by 90% (ninety percent) of the results of the verification.
(4) The margin of shortfall or overload of funds holding the public service obligations of the field of economic class trains will be taken into account after the verification of the documents and the fieldwork conducted every quarter.
(5) The further provisions of the manner of bill submission and verification are governed by the KPA.

Section 6
The layout of the fund-raising funds of the public service obligations of the field of economic class railway is carried out in accordance with the provisions of the laws.

Section 7
(1) Rest of the funds holding the public service obligations of the field of economic class railways which have not been payable until the end of December year running as a result of not being able to do the verification of documents and the field as referred to in Article 5 of the paragraph (4), placed on the Reserve Fund Account in accordance with the provisions of the laws.
(2) The placement of the funds on the Reserve Fund Account as referred to in paragraph (1), as high as the invoice value and the highest size of the rest of the DIPA pagu.
(3) The refund of the funds on the Reserve ReAccount as referred to in paragraph (2) is exercised in accordance with the provisions of the laws.

Section 8
The entity is formally responsible and the material for the implementation and use of funds for the public service obligations of the economy of the economic class of railways.

Section 9
KPA is solely responsible for the distribution of funds for the public service obligations of the transport field of the economy class to the Agency.

Section 10
(1) The Business Agency delivers a report of the responsibility of the use of the funds holding the public service obligations of the economic class of railways to the KPA in accordance with the provisions of the laws.
(2) The KPA addresses the accountability account of the use of the funds holding the public service obligations of the transport of the economy of the economy class to the Minister of Finance.

Section 11
KPA organizes accounting and reporting in accordance with the provisions of the laws.

Section 12
(1) Against the use of funds holding the public service obligations of the field of economic class railways as referred to in Article 8, conducted checks by authorized examiners in accordance with the provisions of the laws.
(2) The results of the examination results as referred to in paragraph (1) are delivered to KPA, Director-General of the Finance Ministry, and Director General of the Ministry of Finance.
(3) The Business Agency delivers a report of the use of funds holding the public service obligations of the field of economic services of the economy class which has been conducted an examination as referred to the paragraph (1) to the Government through the Minister of Transportation At least one (1) month, at least one (1) month in accordance with

Section 13
(1) In regard to the results of the examination as referred to in Article 12 of the paragraph (1) it is stated that the amount of funding for the public service obligations of the field of economy class trains is greater than the amount paid by Government to the Business Agency, the shortcomings of such payments are proposed to be budgeted in the APBN and/or APBN-Changes in accordance with the provisions of the laws.
(2) The shortfall of payments as referred to in paragraph (1) may be paid in terms of the Entity ID separation in accordance with the provisions of the laws.
(3) In regard to the results of the examination as referred to in Article 12 of the paragraph (1) it is stated that the amount of funding for the public service obligations of the field of economy class trains is smaller than the amount it has paid by The Government to the Entity, the excess payment is intended to be made available to the State Kas as the Acceptance of State Not Taxes in accordance with the provisions of the laws.

Section 14
In order to perform the activities of the public service obligations of the transport field of the economy class, the Ministry of Finance and Ministry of Transportation can form a team to conduct monitoring and evaluation according to the His authority.

Section 15
The rules of this minister apply to the extent of the funds for the public service obligations of the field of economic service the economy class is still being broadcast/provided in APBN and/or APBN-Changes.

Section 16
At the time of the Ordinance of the Minister, the Regulation of the Minister of Finance Number 143 /PMK.02/ 2012 on the Order of the Provisioning, Thawing, And Accountability Of Funds For The Public Service Obligations Of The Field Of Economic Class Railways, revoked and declared not valid.

Section 17
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 December 4, 2013
FINANCE MINISTER
REPUBLIC OF INDONESIA,

MUHAMAD CHATIB BASRI

Promulgated in Jakarta
on December 4, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN