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Regulation Of The Minister Of Finance Number 159/fmd. 06/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 159/PMK.06/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 1338, 2013 MINISTRY OF FINANCE. The auction official. Class II. Staging. Changes.

THE RULES OF THE REPUBLIC OF INDONESIA FINANCE MINISTER
NUMBER 159 /PMK.06/ 2013
ABOUT
CHANGES TO THE FINANCE MINISTER ' S REGULATION
NUMBER 175 /PMK.06/2010 ABOUT CLASS II AUCTION OFFICIALS

WITH THE GRACE OF THE ALMIGHTY GOD

FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that in order to improve the service of the auction, to realize the execution of a more efficient, transparent, accountable, fair, guaranteed legal certainty, and following the development of the needs of the community, it is necessary to perform the consummation of the auction. provisions regarding Class II Lelang Officer;
B.  that under consideration as referred to in the letter a, need to establish the Finance Minister ' s Regulation on the Changes to the Regulation of the Finance Minister Number 175 /PMK.06/ 2010 on the Officer of Class II Lelang;

Given: 1.   Regulation of the Finance Minister Number 93 /PMK.06/ 2010 on the Implementation of the Implementation of the Auction as amended with the Regulation of the Minister of Finance Number 106 /PMK.06/2013;
2. Finance Minister Regulation Number 175 /PMK.06/2010 about the Class II Class Lelang Officer;

DECIDED:

SET: REGULATION OF THE MINISTER OF FINANCE ON THE CHANGES TO THE REGULATION OF FINANCE MINISTERS NUMBER 175 /PMK.06/ 2010 ABOUT CLASS II AUCTION OFFICIALS.

Article I
Some of the provisions in Finance Minister Regulation Number 175 /PMK.06/ 2010 about Class II Lelang Officials are changed as follows:
1. The title BAB II is changed so it reads as follows:
BAB II
APPOINTMENT, EXTENSION, AND TERMINATION

2. The provisions of paragraph (2) of Section 2 are changed, so it reads as follows:
Section 2
(1) Class II Lelang officials are appointed and dismissed by the Director General on behalf of the Minister.
(2) The Decision Of Appointment Of A Class II Auction Officer applies to a term of 5 (five) years counting from the date of the Appointment Letter and may be extended again.
(3) Further provisions concerning the extension of the term of Class II Officer II as referred to in paragraph (2) are governed with the Regulation of the Director General.

3. In between Section 6 and Section 7 of the following section 1 (one) section, Section 6A reads as follows:
Section 6A
(1) Class II Lelang officials who have been appointed to apply for an oath taking oath or appointment and appointment to the Head of the Office of the Region 6 (six) months from the date of the Decree of the Rapture.
(2) In the case of Class II Lelang officials not applying for as referred to in paragraph (1), the Governing Decree is declared null and void.

4. Among the Kesatu Parts and Second Part BAB II is inserted 1 (one) section, the Kesatu Section A which reads as follows:
The Kesatu section Of A
Extension

5. In between Section 7 and Section 8 of the following 3 (three) sections, Section 7A, 7B and 7C, which reads as follows:
Section 7A
The extension of the Class II Class II term of office is carried out as follows:
a.   The Class II auction official submitted a term of renewal of the term to the Director-General with the Busan Director's Busan Director and Head of the Territory Office, and must be received at least two months before the term expires.
B.   The letter of the application as referred to in the letter is attached to the document as follows:
1) Photocopy of self-identity;
2) The letter of the Government physician expressing a healthy and spiritual healer;
3) Record of Notes and Police;
4) The Statement of Statement does not have any crash credits and does not include the DOT;
5) Photocopy of the Decree of the appointment of the Class II Class Lelang Officer; and
6) The terms of the IBM International Agreement for the IBM International Agreement for the IBM International Agreement for the IBM International Agreement for the IBM International Agreement for the IBM International Agreement for the Cloud Service are
C.  The head of the Regional Office conducted a field review of the readiness of the Class II office facility as the basis of the proposed extension of the term.
D.   The Director General in the name of the Minister publishes the decision of the extension of the slowest term 2 (two) months after the proposal of an extension of the term and the document of the requirements received is declared complete.
e.   In the event of a request as referred to in the letter a received less than 2 (two) months before the term expires or an application is accepted after the term is terminated, the request is considered a new appointment.
f.   The application of the letter e can be accepted by considering the formation of the desired office without following the time of the internship and the internship.

Section 7B
The extension of the term can only be given in terms of Class II Lelang officials carrying out auctions at least 5 (five) times in terms of 5 (five) years.

Section 7C
(1) The Class II Lelang officer who has ended his term is prohibited from receiving an auction request and/or carrying out an auction.
(2) The Lelang which is exercised by the Class II Lelang Officer who has ended his term as referred to in verse (1), null and void.

6. The provisions of Article 9 are amended and added 1 (one) letter, the letter f, so that Article 9 reads as follows:
Section 9
The Class II auction official was dismissed with respect from his post if:
a.   died the world;
B.   at its own request;
c. has reached the age of 65 (sixty-five) years;
D.   unable to physically and/or spiritually to carry out the duties of the Office of Lelang Officer continuously more than 1 (one) year;
e.   status as a defendant in a criminal case and have been discharged for 18 (eighteen) months; or
f.    has expired and has not been extended.

7. In between Section 10 and Section 11 of the following section, Section 10A reads as follows:
Section 10A
In the event the Class II Lelang Officer is dismissed, the entire legal product that has been generated by the concerned Class II Lelang Officer is kept on the Regional Office where the office of the Class II Lelang office is concerned.

8. The provisions of Article 15 letter d are changed and added 1 (one) letter, i.e. the letter l, so that Article 15 reads as follows:
Section 15
The Class II auction official in carrying out his post was banned:
a.   serve the Lelang invocation beyond its authority;
B.   intentionally not present in the execution of the scheduled auction;
c. purchase goods that are auctioned in front of him directly or indirectly;
D.  receive the Lelang Offer Guarantee and the Lelang Payment Oblicity of Buyer, in the event of the Lelang Hall as an auction applicant;
e.   Conduct other levies beyond what has been specified in the applicable laws of law;
f.    perform actions that do not match the propriety as an Lelang Officer;
G.  rejected an auction request, throughout the auction requirement document already complete and has fulfilled the formal legality of the subject matter and auction object;
h.   Multiple positions or professions as State Officials, Curators, Assessor, Targeting/Advocat;
i.    Arrested as Commissioner, Directors, Leaders and employees of the Lelang Hall;
J.    accept/establish the auction divinity in time of leave;
No,  involving a family of blood in a straight line up and down to the bottom of the first degree, husband/wife and brother of the Lelang office in the execution of an auction; and/or
I.   Execute an auction over a land object and/or a building with an unassigned limit based on the assessment results.

9. Among Articles 16 and Section 17 is inserted 1 (one) section, which is Article 16A which reads as follows:
Section 16A
(1) Class II Lelang officials can move region of office.
(2) Moving the office region as referred to in paragraph (1) can be done in the case of the Class II Lelang Officer having served the last term for 1 (one) year.
(3) Class II Lelang officials who will move the region of office shall request an agreement in writing by mentioning the reason of the transfer of the office to the Director General of the C.q. Director of Lelang with the busan Head Office of the premises region of the original post, equipped:
a.  photocopy of self-identity;
B.  photocopy of the Decree of the Appointment of Class II Auction officials; and
c. A statement of statement of misrepresentation provides an office facility.
(4) The application of the approval of the settlement area as referred to in paragraph (1) is considered by the Director General c.q. Director of Lelang, by conducting an evaluation of:
a.  reasons for the move;
B.  the performance assessment of the Class II Lelang Officer's performance in the previous office region;
c. availability of the assigned office region formation; and
D.  There is another Class II Lelang Officer in the abandoned office.
(5) Director General c.q. Director of Lelang requesting the Head of the Regional Office on the territory of the intended office to conduct a location review of the readiness of the office facilities, and the results are delivered by the Head of the Office of the Region to the Director General The Director of Lelang.
(6) The Director General publishes the decision of the position of the region, upon completion of the terms as referred to in verse (3) and the presence of an evaluation as referred to in verse (4).
(7) Class II Lelang officials who have been given the decision of a position region as referred to in paragraph (6), the term is in effect as to the Order of the Order of the Term or of the Term of the Term.
(8) Class II Lelang officials are required to announce a move in office through a local daily newspaper in the region of old and new office, at least 5 (five) business days after the decision of the district ' s move was published, and delivered the evidence the announcement to the Director General c.q. Director of Lelang with the Busan Head of the Area Office on the old and new office region, at most 7 (seven) business days after it was announced.

Ten. The provisions of Article 20 are added 1 (one) the verse, i.e. the verse (4), so it reads as follows:
Section 20
(1) Class II Lelang officials have a leave right.
(2) The right of leave as referred to in paragraph (1) the longest of 20 (twenty) working days in 1 (one) year and may be taken at once during his term.
(3) Class II Lelang officials who are on leave, should not receive an auction request, set an auction schedule and carry out an auction.
(4) Excluded from the provisions as referred to in verse (2), the Class II Lelang Officer who carries out religious worship can be given the longest leave of 60 (sixty-six) days.

11. The provisions of paragraph (3) of Section 22 are amended, so it reads as follows:
Section 22
(1) Class II Lelang officials are entitled to reward the reward of the Perception Wages in any performance of the auction sold.
(2) The Wage Perception as referred to in paragraph (1) is charged to the seller.
(3) The Quantity Of The Reward Wage as referred to in verse (1) is received at most 1% (one perhundred) of the auction price or at least Rp2,500,000.00 (two million five hundred thousand rupiah).
(4) In terms of execution of unsold auctions, Class II Lelang officials can obtain an administrative fee according to the bond.

Twelve. The provisions of paragraph (4) of Article 34 are changed, so it reads as follows:
Section 34
(1) The deliverer as referred to in Article 32 is provided to the Class II Lelang Officer by the Director General by setting a Discharge Decree containing the prohibition of carrying out his post for 6 (six) months from the date is set by a stew to the local Office Chief.
(2) If the Class II Lelang Officer who has been relieved of 1 (one) times repeat the same or any other offence, then the Director General acquits the Officer of Class II is meant by setting the decision The second release containing the prohibition of carrying out his post for 1 (one) year.
(3) If a Class II Lelang Officer who has been discharged as much as 2 (two) times as referred to in paragraph (2), repeating the same conduct/violation or any other offence, the Director General sets the dismissal decision not with Respect to the concerned as the Class II Class Officer.
(4) The Decree of the Director General on the release of the Class II Officers of the Class II is published at most than one month, after the release of the Office of the Chief Office received by the Director General.

Thirteen. The provisions of paragraph (1) of Article 37 are added 1 (one) letter, i.e. the letter d, so it reads as follows:
Section 37
(1) Class II Lelang officials dismissed not with respect from office, if:
a.   carrying out an auction outside of his territory of office as referred to in Article 16;
B.   Committing an infringement as referred to in Article 34 of the paragraph (3);
c. sentenced to a prison criminal based on a Court ruling that has obtained a fixed legal force as referred to in Article 35 of the paragraph (5); or
D.   Carry out the auction in the time of the rectitude.
(2) The Pit Stop is not with respect as referred to in paragraph (1) it does not need to be preceded by a Letter of Warning.

14. Between Section 39 and Section 40 of each section, Section 39A, which reads as follows:
Section 39A
(1) Class II Lelang officials who have been relieved of duty, dishonor, or dishonor dishonor, are prohibited from receiving an auction request and/or carrying out an auction.
(2) The Lelang that is exercised by the Class II Lelang Officer who has been relieved of duty, honed with respect, or dismissed not with respect as referred to in paragraph (1), null and void.

Article II
1. At the time the Minister ' s Ordinance came into effect:
a.  Extension for 1 (one) times the term for the Class II Lelang Officer who has been appointed before the enactment of this Minister Regulation may be awarded in case the Class II Lelang Officer is referred to have executed the least 1 (one) times auction during his tenure;
B.  In terms of the remainder of the term in less than one (one) year, the extension of the term as referred to in the letter a may be given without obligation to carry out the auction.
2. The rules of the Minister are starting to apply on the date of the promulgance.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on November 14, 2013
FINANCE MINISTER
REPUBLIC OF INDONESIA,

MUHAMAD CHATIB BASRI

It is promulred in Jakarta
on 14 November 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN