Regulation Of The Minister Of Finance Number 143/fmd. 011/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 143/PMK.011/2013 Tahun 2013

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Back NEWS REPUBLIC of INDONESIA No. 1241, 2013 the MINISTRY of finance. Support Eligibility. The Cost Of Construction. Project Cooperation. Infrastructure. Guide to the REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 143/FMD. 011/2013 ELIGIBILITY GUIDELINES the GRANTING of SUPPORT OVER SOME of the CONSTRUCTION COSTS on GOVERNMENT COOPERATION PROJECTS with BUSINESS ENTITIES in the PROVISION of INFRASTRUCTURE by the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to implement the provisions of article 9 paragraph (2) of the regulation of the Minister of finance Number 223/FMD. 011/2012 about giving Support Feasibility over some of the construction costs On Government Cooperation Projects With business entities in the provision of Infrastructure , The Minister of finance publishes the grant of Support Eligibility with the regulation of the Minister of finance;
b. that the issuance of the Guidelines the granting of Support Eligibility as stated on the letter a is required in order to support the implementation of the tasks of the Committee Support the feasibility in order to Support the feasibility of Granting over some of the construction costs On Government Cooperation Projects With business entities in the provision of infrastructure (Support Committee Eligibility) as already established by the decision of the Minister of finance Number 340/KMK. 011/2013;
c. that based on considerations as referred to in letter a and letter b, need to establish Regulations the Minister of Finance on the feasibility of granting the support Guide over some of the construction costs On Government Cooperation Projects With business entities in the provision of Infrastructure;
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. 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);
3. Act No. 3 of 2004 concerning the inspection, 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);
4. 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);
5. Presidential regulation Number 67 in 2005 about the cooperation of Government and business entities in the provision of Infrastructure as it has several times changed the last presidential regulation Number 66 by 2013;
6. 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 is part of the burden of the General Treasurer State Treasury Ministry Office in the country;
7. 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;
8. 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;
9. Regulation of the Minister of finance Number 248/FMD. 05/2012 about Specific Transactions accounting systems;
10. Regulation of the Minister of finance Number 223/FMD. 011/2012 about giving Support Feasibility over some of the construction costs On Government Cooperation Projects With business entities in the provision of Infrastructure;
Decide: define: REGULATION of the MINISTER of FINANCE on the FEASIBILITY of GRANTING the SUPPORT GUIDE OVER SOME of the CONSTRUCTION COSTS on GOVERNMENT COOPERATION PROJECTS with BUSINESS ENTITIES in the PROVISION of infrastructure.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister who is the Eligibility of support: 1. is Government support in the form of the fiscal contributions that are given to the project's financial Cooperation in form and procedures as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
2. support the feasibility of local government is Government support in the form of the fiscal contributions that is financially provided by local governments to the project of regional Cooperation in form and procedures as set forth in the regulations of the local government Area is concerned, which is not incompatible with the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
3. Support the feasibility Committee hereinafter referred to Committee is a Committee established by the Minister of finance based on the decision of the Minister of finance 340/KMK. 011/2013.
4. The cooperation Project is a project referred to in the regulations governing the Government's Cooperation with the Agency's efforts in the provision of infrastructure.
5. Regional Cooperation Project is a project of cooperation which is the authority of the head of the Region based on the legislation applicable in the implementation of the regional head of the act as a person in charge of the project Partnership.
6. Business entity is a business entity as referred to in the regulations governing the Government's Cooperation with the Agency's efforts in the provision of infrastructure.
7. Business entity auction winner is a business entity that is specified by the person in charge of the project of cooperation as the winner of an auction procurement business entities on Project cooperation.
8. Business entity Signing the agreement of cooperation is a business entity formed by the winners of the Auction business entity to act as a party to the Agreement.
9. Cooperation Agreement is a written agreement for the provision of Infrastructure between the person in charge of the project of cooperation with business entities Signing the cooperation Agreement.
10. The provision of Infrastructure is an activity referred to in the regulations governing the Government's Cooperation with the Agency's efforts in the provision of infrastructure.
11. the person in charge of the project Cooperation hereinafter abbreviated to PJPK is the parties referred to in the regulations governing the Government's Cooperation with the Agency's efforts in providing the infrastructure that has the authority to conduct procurement infrastructure.
12. Proposal of Approval Principles Support the feasibility of the proposal was filed by the PJPK to the Minister of finance in order to gain approval of the principle of Support eligibility.
13. The recommendation of the principal agreement Feasibility Support is recommendations on Eligibility of support Principle Agreement submitted by the Committee to the Minister of finance.
14. the principal agreement Support the feasibility of initial approval is given by the Minister of finance to PJPK based on the principle of Consent Recommendations Support eligibility.
15. Proposal of Approval of magnitude Feasibility Support was a proposal submitted by the PJPK to the Minister of finance in order to gain approval of the magnitude of support eligibility.
16. The recommendation of approval of magnitude Feasibility Support is recommendations regarding Approval of magnitude Feasibility Support submitted by the Committee to the Minister of finance.
17. The approval of magnitude Feasibility Support is the approval of the Minister of finance regarding the maximum limit of magnitude Feasibility Support, which will be used by PJPK as the only parameter in determining the winner of the Auction Company, the time and the terms of disbursement of Support eligibility.
18. Proposal of Approval of Final Feasibility Support was a proposal submitted by the PJPK to the Minister of finance in order to obtain the approval of the Final Support eligibility.
19. Final Approval Recommendation Support Eligibility is Final approval of recommendations concerning the eligibility of support submitted by the Committee to the Minister of finance.
20. Final Approval of support Eligibility is the approval of the Minister of finance to PJPK based on the recommendations of the Final Agreement regarding the feasibility, magnitude of Support Support Eligibility, timing and terms of disbursement of Support Eligibility, which may be given by PJPK to the project of cooperation based on the results of the determination of the winner of the Auction Company.
21. The document Granting Approval Support Eligibility is a document containing the agreement between PJPK and business entities Signing the agreement of cooperation which include at least the approval of the top of the magnitude, timing and terms of disbursement of Support eligibility.
22. Recommendation letter of Support Eligibility are recommendations on the Feasibility of support Letters submitted by the Committee to the Minister of finance.
23. A letter of Support Eligibility is the confirmation letter from the Minister of finance to the business entity Signing the agreement of cooperation regarding the enactment of the document Granting Approval Support eligibility.
24. Independent consultant is an individual person or business entity that is declared experts and professionals in the field of supervision of construction services as set forth in the legislation.
25. The Government is the Central Government.
26. The head of the regional Governor for the Province, or County for the Regent, or Mayor for the city.
CHAPTER II the INTENT, purpose and SCOPE of article 2 (1) the feasibility of granting the support Guide is intended as a guide for the Committee in the discharge of his duties in order to Support granting Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
(2) Guide the granting of Support Eligibility applies to the parties concerned within the framework of the implementation of the Committee's response to the tasks of the Committee are: a. PJPK;
b. to Corporately;
c. the winner of the Auction business entities;

d. business entity Signing the cooperation Agreement; and e.  An Independent Consultant.
Article 3 grant of Support Eligibility Guidelines as referred to in article 2 aims to provide direction and further clarification to the Committee and the parties concerned referred to in article 2 paragraph (2) concerning the mechanisms that apply in awarding Support Eligibility in order to achieve the goals and purpose of granting the support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.

Article 4 scope of granting Eligibility Support Guide covers the following matters: a. the Ordinance Feasibility Support budget allocation in the budget revenue and Expenditure of the State (STATE BUDGET);
b. grant of Support Ordinance Feasibility to the project Partnership, which includes the process and things related to: 1) granting the consent Principle Support Eligibility to PJPK;
2) approval of magnitude Feasibility to Support PJPK;
3) Final Approval of granting Eligibility to Support PJPK;
4) publication of the feasibility to Support business entity Signing the agreement of cooperation.
c. matters related the process of thawing the eligibility to Support business entity the agreement Cooperation;
d. – Case it concerns the form and procedures for the implementation of the contribution of local governments;
e. matters concerning supervision of Cooperation Projects;
f. Guidelines for ethics and Conduct Committee.
CHAPTER III PROCEDURES for ALLOCATING BUDGET SUPPORT ELIGIBILITY article 5 (1) of the Committee on the budget allocation needs to calculate the grant Support Eligibility and submit it to the General Treasurer of the Budget Users Associate countries (PPA BUN) for proposed NATIONAL BUDGET mechanism appropriate penganggarannya in accordance with the provisions of the legislation.
(2) In calculating the budget allocation requirements referred to in subsection (1), the Committee considered at least the following matters: a. the potential Projects of cooperation which will be held in the financial year in question; and b.  The Cooperation projects are already entitled to obtain Eligibility in the previous year, namely the project of cooperation already existing Documents Granting approval of Feasibility, and Support to the project the Ministry of finance had already published a letter of Support eligibility.
(3) In considering the potential Cooperation Projects as referred to in paragraph (2) letter a, the Committee: a. refer to the priority Cooperation Projects Government-issued in accordance with existing government policies; and b.  pay attention to the alignment of the project referred to in letter a Cooperation Project criteria can be given Support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation and regulation of the Minister.
Article 6 Support Budget Allocation Eligibility approved by law the budget income and Expenditure the country at certain periods, may be used for granting Eligibility to Support Projects of cooperation, good Cooperation Project which was used by the Committee as a basis for the calculation of the allocation of the budget Support Feasibility as well as the Cooperation Project is not used by the Committee as a basis for the calculation of the allocation of the budget Support feasibility, all the Cooperation Projects have been prepared , and meets the requirements for Eligibility of support given appropriate regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.

CHAPTER IV PROCEDURES for the GRANT of SUPPORT is considered part of the FEASIBILITY of granting the consent Principle Support the feasibility of article 7 Eligibility of support Principle Approval given by the Minister of finance to PJPK based on the principle of Consent Recommendations Support the feasibility of submitted by the Committee to the Minister of finance after the committees finished doing the evaluation of the proposal Approval Principles Support the feasibility of proposed by PJPK.

Article 8 the Committee ensure that contains things other than as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project, the proposed Cooperation Agreement of Principle Support Eligibility must also contain the following things: a. legal basis concerning the submission of proposals for Approval of principles; and b.  the entire document that becomes the reference submission the proposed principal agreement (if any), accompanied by the mention of the number and date of the document.
Article 9 Committee to evaluate against the proposed Agreement Principles Support the feasibility in the following way: a. check the stage of submission of Proposal Approval Principle Support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
b. check the contents of the proposed agreement of Principles Support the appropriateness and completeness of the documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
c. check the met or whether the whole of the requirements for the grant of Approval Principles Support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation and article 12 paragraph (1) of this regulation of the Minister.
Article 10 (1) in case the Committee finds that the proposed agreement of Principle Support Eligibility is not filed in accordance with the stage as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Partnership, the Committee: a. reporting the matter to the Minister of finance;
b. convey to the PJPK that the proposed agreement of Principles Support the feasibility of unacceptable, accompanied by captions that PJPK can resubmit the proposal in accordance with the stages as provided for in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
(2) The provisions referred to in subsection (1) does not apply to the project that has already started its completion before the enactment of the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Cooperation, which it put in place a transitional provisions as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
Article 11 (1) in case the Committee finds that the contents of the proposed agreement of Principles Support the feasibility has not been in accordance with the provisions of article 7, and/or documents referred to in article 8 the letter b is not yet available, the Committee conveyed the request to PJPK in order to immediately correct the Proposal Approval Principles Support the feasibility and/or complete the appropriate paperwork requirements stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
(2) the Committee is delaying approval of the proposed principle of evaluation of Feasibility to Support the request referred to in subsection (1) may be met by PJPK entirely.
(3) if within a period of sixty (60) calendar days after the Committee submits a request referred to in subsection (1) PJPK can not meet the request of the Committee, proposed that the eligibility of Support Principle Approval has been filed is declared inadmissible.
(4) if the conditions referred to in subsection (3), the Committee: a. reporting the matter to the Minister of finance;
b. convey to the PJPK that the proposed agreement of Principles Support the feasibility of unacceptable, accompanied by captions that PJPK can resubmit the proposal when it's been able to ensure that the provisions as set forth in article 8 of this regulation of the Minister, and the completeness of the documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Cooperation can already be filled entirely.
Article 12 (1) of the Committee conveyed the Recommendations of the feasibility to Support the principle of the consent of the Minister of finance when the results of the evaluations referred to in article 9 of the letter c indicates that: a. the proposed Cooperation Projects were in accordance with the criteria of the projects of cooperation that can be given Support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
b. Portion of magnitude does not dominate the construction costs of the project, in accordance with the provisions as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation; and c.  PJPK concerned have considered to traverse a variety of ways so that the Cooperation Project can be financially viable, but these ways can no longer make the proposed Cooperation Projects be financially viable unless it does Support granting eligibility.
(2) if any of the requirements referred to in subsection (1) are not met, the consent Principle Support Eligibility can not be given.
(3) if the conditions referred to in subsection (2), the Committee: a. reporting the matter to the Minister of finance;

b. convey to the PJPK that the proposed agreement of Principles Support the feasibility of unacceptable, accompanied by captions that PJPK can resubmit the proposal if it was able to ensure that the criteria and requirements referred to in article 12 paragraph (1) letter a, letter b, letter c, and already be met entirely.
Article 13 (1) at the time of the submission of the recommendations of the feasibility to Support the principle of the consent of the Minister of finance, the Committee attaches a draft document eligibility for Support of the principle of Consent signed by the Minister of finance.
(2) the draft document Approval Support the principle of Eligibility referred to in paragraph (1) contains at least the following matters: a. the legal basis of the mention of grant of the consent Principle Support Eligibility;
b. the mention of the entire document that becomes the reference Support the feasibility Principle approval, accompanied by the mention of the number and date of the document in full;
c. a statement approving the grant of Approval Principles Support the feasibility on the project of cooperation;
d. a statement that the consent Principle Support Feasibility given only to PJPK, and only applies to PJPK for use as appropriate in the process of acquiring a business entity, and does not give rise to any obligation on the part of the Government in particular the Minister of finance to issue letters of Support the feasibility of appropriate mechanisms; and e.  Request to PJPK in order to follow up the agreement of Principles Support the feasibility has been granted with the approval of the proposed Magnitude of support Eligibility according to applicable mechanisms.
Article 14 (1) principal agreement Feasibility Support has been granted by the Minister of finance must be listed by PJPK in Pre Qualifying Document (Request for Qualification RFQ/);
(2) if the inclusion of the Pre Qualification Documents referred to in subsection (1) is not made by PJPK, the principal agreement Feasibility Support has never been given, so that phase and the process of granting Eligibility cannot Support can proceed.
The second part of the grant Approval Feasibility Support Magnitudes Article 15 Consent of magnitude Feasibility Support given by the Minister of finance to the PJPK on the recommendation of Approval of magnitude Feasibility Support submitted by the Committee to the Minister of finance after completing evaluation of Proposal Approval Feasibility Support Quantities proposed by PJPK.

Article 16 the Committee ensure that the proposed Approval of magnitude Feasibility Support contains at least the following matters: a. the mention of the legal basis for the submission of proposals for Approval of magnitude Feasibility and Support the entire document by mentioning the reference number and date of the document in full;
b. brief description regarding the development of the procurement business entity after he gave the consent Principle Support Eligibility, where PJPK has successfully completed the stage of Pre Qualification;
c. Notification about changes in the documents which had been submitted as an attachment in a Proposed Consent Principle Support Eligibility (if any), and documents the changes referred to attached;
d. Changes proposed regarding the time and/or the terms of disbursement of the support the feasibility of which was previously presented in the proposal of the principal agreement Feasibility Support (if any), accompanied by the reasons;
e. a statement that the proposed approval of the magnitude of Support Eligibility criteria have been the project of cooperation that can be given Support the feasibility and requirements related portion quantities as provided for in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation; and f.  An application to the Minister of finance in order to provide approval of the magnitude of Support eligibility.
Article 17 the Committee to evaluate against the proposed Agreement Feasibility Support Quantity in the following way: a. check the stage of submission of proposals for Approval of magnitude Feasibility Support as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
b. check the contents of the proposed Agreement Feasibility Support Quantities as referred to in article 13 paragraph (2) of this regulation of the Minister, and the completeness of the documents according the requirements stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation documents, including changes to the documents which had been submitted as an attachment in the proposal of the principal agreement (if any), as stipulated in article 16 of this regulation of the Minister of the letter c;
c. demanded an explanation from PJPK regarding financial feasibility analysis delivered by PJPK;
d. demanded an explanation from PJPK regarding time and/or the terms of disbursement of the support the feasibility of proposed by PJPK;
e. attending meetings between PJPK with each business entity auction participants who qualify qualifying stage (short listed bidders) to obtain clarity about their interest to the project with a grant of Support Eligibility (if required), which is done by upholding Ethical Conduct guidelines and the Committee referred to in Article 42;
f. conducting financial analysis in order to clarify the financial feasibility analysis delivered by PJPK as stated on the letter c (if necessary with the assistance of a consultant).
Article 18 (1) in case the Committee finds that the proposed Approval of magnitude Feasibility Support is not submitted in accordance with the stages referred to in Article 15, the Committee: a. reporting the matter to the Minister of finance;
b. convey to the PJPK is concerned that the proposed Approval of magnitude Feasibility Support not acceptable, accompanied by captions that PJPK can resubmit the proposal in accordance with the predetermined stages.
(2) the provisions referred to in subsection (1) does not apply to the project that has already started its completion before the enactment of the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Cooperation, which it put in place a transitional provisions as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
Article 19 (1) in case the Committee finds that the proposed Approval of magnitude Feasibility Support has not been made in accordance with the provisions of article 16, and/or documents referred to in article 17 the letter b is not yet available, the Committee conveyed the request to PJPK in order to immediately correct the Proposal Approval of magnitude Feasibility Support and/or complement the documents according the requirements stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
(2) the Committee defer evaluation of Proposals approval of Eligibility to request Support Quantities referred to in paragraph (1) be met by PJPK entirely.
(3) if within a period of sixty (60) days after the Committee filed a request as referred to in paragraph (1), PJPK can not meet the demand of the Committee, the proposed Agreement Feasibility Support Quantity is not acceptable.
(4) if the conditions referred to in subsection (3), the Committee: a. reporting the matter to the Minister of finance;
b. convey to the PJPK that the proposed Approval of magnitude Feasibility Support not acceptable, accompanied by captions that PJPK can resubmit the proposal when it's been able to ensure that the provisions as set forth in article 16 of this regulation of the Minister, and documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Cooperation can already be filled entirely.
Article 20 (1) of the Committee conveyed the Recommendation of approval of magnitude Feasibility to Support the Minister of finance if: a. financial analysis based on the results referred to in article 17 the letter f, note that: 1) of magnitude Feasibility Support proposed by the PJPK still remain in the portion of the quantities stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation; and 2) magnitude feasibility Support will be offered to all business entities bidder is reasonable and feasible be competed among auction participants, and can be used by PJPK as the only parameter in determining the winner of the Auction business entities;
b. based on the explanation as mentioned in article 17 the letter d, it can be concluded that the time and terms of disbursement of the support the proposed Feasibility can be done effectively, and based on the risk analysis against the proposal, the Government can avoid the damage that may arise as a result of the negligence of a business entity Signing Agreements of cooperation during the period of construction.
(2) If a financial analysis based on the results referred to in article 17 the letter f note that the magnitude of Support the feasibility of proposed by PJPK not meet portion quantities as provided for in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project, then the Proposed Cooperation Agreement Feasibility Support Quantity is not acceptable.
(3) in case the condition referred to in subsection (2), the Committee: a. reporting the matter to the Minister of finance; and

b. convey to the PJPK that the proposed Approval of magnitude Feasibility Support not acceptable, accompanied by captions that PJPK can resubmit the proposal if it was able to ensure that the proposed quantities correspond to the portion of the quantities stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
Article 21 (1) at the time of delivering the Recommendation Approval Eligibility to Support Quantities the Minister of finance, the Committee should attach the draft approval of the eligibility for Support of magnitude was signed by the Minister of finance.
(2) the draft document as referred to in paragraph (1) contains at least the following matters: a. the mention of the grant of the approval of the legal basis of magnitude Feasibility Support;
b. the mention of the entire document that becomes the reference Quantity approval Support Eligibility, accompanied by a mention of the number and date of the document in full;
c. a statement that Finance Minister may give Approval of magnitude Feasibility Support, including quantity, timing and terms of disbursement of Support Eligibility, which can be offered competitively by PJPK to all the business entities the participant of the auction;
d. a statement that the Approval of magnitude Feasibility Support only given to PJPK, and only applies to PJPK to be used as the only parameter in determining the winner of the Auction business entity, and does not give rise to any obligation on the part of the Government in particular the Minister of finance to issue letters of Support the feasibility of appropriate mechanisms; and e.  request the Minister of finance to PJPK so you can follow up on Approval Eligibility Support Quantity has been granted Final approval of the Proposal by submitting appropriate mechanisms that apply.
Section 22 (1) Approval of magnitude Feasibility Support has been granted by the Minister of finance must be attached by the PJPK in the document Requests (Request For Proposal/RFP);
(2) in case PJPK does not list the approval of Feasibility Support document Quantity supply demand referred to in subsection (1), the approval of magnitude Feasibility Support has never been given, so that phase and the process of granting Eligibility cannot Support can proceed.
Article 23 in case of PJPK can not file a Final approval of the Proposal to the Minister of finance as a result of the failure of PJPK to continue the process of procurement of business entities, the approval of the magnitudes of the feasibility of the Support already given has never been given, and stages as well as the process of granting Eligibility cannot Support can proceed.

The third section of the Approval of Final Feasibility Support Article 24 Approval Eligibility Final Support was given by the Minister of finance to PJPK based on the recommendations of the Final approval of the eligibility of support submitted by the Committee to the Minister of finance after the completion of the Final approval of the Proposed evaluation of the eligibility of support filed by PJPK.

Article 25 Committee ensures the Final approval of the Proposed Support Eligibility at least contain the following things: a. legal basis concerning the submission of proposals for Approval of Final Feasibility Support;
b. the entire document into the filing of Final approval of the Proposed reference Support Eligibility, accompanied by the mention of the number and date of the document in full;
c. a brief description that PJPK have finished implementing the procurement business entity, where the PJPK have managed to establish the business entity auction winner;
d. notifications regarding changes in the documents previously submitted as attachments in the proposed Agreement Principles Support the feasibility and/or approval of Proposal Eligibility Support Quantity (if any), and documents the changes referred to attached;
e. changes to the proposals regarding the time and/or the terms of disbursement of Support Eligibility (if any), accompanied by the reasons;
f. a statement that the proposed Final Agreement Support the feasibility has been presented in accordance with the terms and conditions have been determined; and g.  an application to the Minister of finance to be able to give Final Approval to the support eligibility.
Article 26 (1) of the Committee conducting the Final approval of the Proposed evaluation of the eligibility of support in the following way: a. check the completeness of the documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
b. check the truth of the contents of the documents referred to in subparagraph a.
(2) in order to perform the checks referred to in paragraph (1) letter b, the Committee may request a description of the documents referred to in subsection (1) letter a and its truth contents of Corporately auction winner and/or PJPK.
Article 27 (1) Final approval of the Proposal in terms of Support Eligibility has not been made in accordance with the provisions of Article 25, and/or documents referred to in Article 26 paragraph (1) letter a is not yet available, the Committee conveyed the request to the corresponding PJPK in order to immediately fix the Final approval of the Proposed Support feasibility and/or complete the appropriate paperwork requirements stipulated in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation;
(2) the Committee is delaying Final approval of the Proposed evaluation of Feasibility to Support requests as referred to in paragraph (1) be met by PJPK entirely.
(3) if within a period of sixty (60) calendar days after the Committee submits a request referred to in subsection (1), cannot be met by PJPK, then the Final approval of the Proposed Support Eligibility cannot be accepted.
(4) in case the condition referred to in subsection (3), the Committee: a. reporting the matter to the Minister of finance;
b. convey to the PJPK that the proposed Final Agreement Support the feasibility of unacceptable, accompanied by captions that PJPK can resubmit the proposal if the terms as stipulated in article 25 of the regulation of the Minister of this and the completeness of the documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project Cooperation can already be filled entirely.
Article 28 (1) of the Committee conveyed the Recommendations of the Final approval of the Feasibility to Support Finance Minister after the evaluation as referred to in article 26 indicates that the contents of the entire document as referred to in article 26 paragraph (1) letter a is true and can be accounted for by PJPK.
(2) If an evaluation as stipulated in article 26 indicates that the provisions referred to in Article 28 paragraph (1) are not met, then the Final approval of the Proposed Support Eligibility cannot be accepted.
(3) in case the condition referred to in subsection (2), the Committee: a. reporting the matter to the Minister of finance; and b.  deliver to PJPK that the proposed Final Agreement Support the feasibility of unacceptable, accompanied by captions that PJPK can resubmit the proposal if it can prove that the provision in article 28 paragraph (1) has been met.
Article 29 (1) at the time of delivering the Final approval of the Recommendation to the Minister of finance, the Committee attaches a draft Final Agreement eligibility for Support was signed by the Minister of finance.
(2) the draft document as referred to in paragraph (1) contains at least the following matters: a. the legal basis of the mention of grant of approval of the Final Support Eligibility;
b. mention all documents that become the Final approval reference Support Eligibility, accompanied by a mention of the number and date of the document in full;
c. statement that the Minister of finance may approve the request PJPK as presented in the proposed Final Support Approval of eligibility;
d. statement regarding the magnitude, timing and terms of disbursement of Support Eligibility approved by the Minister of finance to be given to Cooperation Projects via business entity the agreement Cooperation;
e. a statement that the approval of the Final Support is given to the feasibility of the PJPK, and only applies to PJPK for the purposes as stated on the letter d, as well as not to cause any payment obligation on the part of the Government in particular the Minister of finance to issue letters of Support the feasibility of appropriate mechanisms; and f.  request to PJPK in order to follow up on the Final Approval has been given by: 1) makes the draft Document Granting Approval Eligibility Final approval Support Support the feasibility has been granted; and 2) proposed a letter of Eligibility, appropriate Support mechanisms that apply.
The fourth part of a letter of support Mail Support article 30 Eligibility Eligibility is given by the Minister of finance to the business entity Signing the agreement of cooperation based on the recommendations of the grant letter of Support by the Eligibility Committee to the Finance Minister after finished checking the reports submitted by business entities Signing the agreement of cooperation regarding the establishment of the business entity has been the signing of the Agreement and plan of the agreement of cooperation.

Article 31 (1) the Committee examine the reports referred to in article 30 by means of: a. ensure that the completeness of the documents as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation already being met;
b. check the truth of the contents of the documents referred to in subparagraph a.

(2) in the framework of the inspection as referred to in paragraph (1) letter b, the Committee may request an explanation from the auction Winner business entities and/or business entity Signing the agreement of cooperation and/or PJPK and/or the relevant third party and/or associated with the preparation and issuance of the document.
Article 32 1) in case the Committee finds that the documents referred to in article 31 paragraph (1) letter a not yet complete, the Committee conveyed the request to the business entity Signing the agreement of cooperation in order to immediately complete the document.
2) Committee postponed the inspection report to the request referred to in subsection (1) may be met by business entities Signing the cooperation Agreement.
3) if within a period of sixty (60) calendar days after the Committee filed a request as referred to in paragraph (1), a business entity Signing cooperation agreement can not meet the demand, then the letter of Support Eligibility can not be published.
4) if the conditions referred to in subsection (3), the Committee: a) report the matter to the Minister of finance;
b) deliver to the business entity Signing the agreement of cooperation, with copy to PJPK is concerned, that a letter of support Eligibility cannot be published, accompanied by captions that publishing this letter will do if business entity Signing the agreement of cooperation was able to complete the entire document as required in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
Article 33 (1) of the Committee conveyed the recommendations of the grant letter of Support Eligibility to Minister of finance after the examination referred to in article 31 indicates that: a. the contents of the entire document as referred to in article 31 paragraph (1) letter a is true and can be accounted for by a business entity the agreement Cooperation;
b. Draft final Document Granting Approval Support the appropriateness of the form acceptable by the Committee, and its contents are not in conflict with the Final approval of the eligibility of support that has been given by the Minister of finance.
(2) if the examination referred to in article 31 indicates that the provisions referred to in Article 33 paragraph (1) letter a and/or the letter b is not met, then the issuance of a letter of Support Eligibility can not be done.
(3) in case the condition referred to in subsection (2), the Committee: a. reporting the matter to the Minister of finance; and b.  deliver to the business entity Signing the agreement of cooperation and PJPK that Support Eligibility cannot be published, accompanied by captions that that publication would be actionable if: 1) business entities Signing the agreement of cooperation can already attest to the truth of the contents of the entire document as referred to in article 31 paragraph (1) letter a; and/or 2) business entities Signing the agreement of cooperation and PJPK can meet the provisions as referred to in Article 33 paragraph (1) letter b of this regulation of the Minister.
Article 34 (1) at the time of delivering the Letter Granting Eligibility Support Recommendations to the Minister of finance, the Committee attaches a draft letter of eligibility for Support was signed by the Minister of finance.
(2) the draft referred to in paragraph (1) contains at least the following matters: a. any mention of the legal basis the issuance of letter of Support Eligibility;
b. the mention of an entire document into a publication citation Support Eligibility, accompanied by a mention of the number and date of the document in full;
c. statement that the Minister of finance may approve the form and content of the document Granting Approval Support Eligibility;
d. a statement that the allocation of the funds Support the feasibility has been available in the STATE BUDGET, and the dilution will be carried out in accordance with: (i) time and the terms agreed upon in the document Granting Approval Support Eligibility;
(ii) STATE BUDGET disbursement mechanism based on prevailing legislation;
e. a statement that the letter of Support Eligibility granted only to business entities Signing the agreement of cooperation, and only applies to business entities Signing the agreement of cooperation in accordance with the legislation.
Chapter V DISBURSEMENT SUPPORT the FEASIBILITY of article 35 (1) Disbursement Support Feasibility are resolved within a period of at least thirty (30) calendar days after the evidence Bill received complete and correct by KPA/PPK.
(2) the completion of the withdrawal of support of eligibility referred to in subsection (1) is carried out in accordance with the STATE BUDGET disbursement mechanism based on the provisions of the legislation.
(3) a business entity the agreement Cooperation to report to the Committee on the process of disbursement as mentioned in subsection (1) of CHAPTER VI CONTRIBUTION LOCAL GOVERNMENTS of article 36 (1) in the event that the regional Government intends to contribute over the granting of Support Eligibility, the Committee ensures that the contributions shaped Support the feasibility of local governments.
(2) support the feasibility of local governments should be a Shopping area, the allocation and granting is set up in the local regulations of the local government concerned.
(3) the overall Amount of Support Eligibility and the eligibility of local Government Support that will be given to Projects of regional Cooperation through business entity Signing Agreement, portions do not dominate the construction costs of the project Cooperation as provided for in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
Article 37 (1) the Committee ensure that the existence of local government contributions as stipulated in article 36 would not hinder the achievement of the goals and purpose of granting the support Eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
(2) Against the thing referred to in subsection (1), in considering the proposed principal agreement containing a plan of local government contributions, the Committee needs to: a. a close watch on the fiscal capacity of the local Governments concerned;
b. ask for a written commitment from the local government concerned about kesediannya to: 1) maintaining continuity of the support budget allocation the feasibility of local governments, when later given;
2) meet the time and terms of disbursement of the support the feasibility of local governments in accordance with the Documents of approval Granting Support Eligibility, if approved by the Minister of finance CHAPTER VII SUPERVISORY PROJECT Article 38 (1) the supervision of the project carried out with the aim to ensure that the support provided to the Project Feasibility of cooperation through a business entity the agreement of cooperation, than can be done according to the time and terms of disbursement, as approved by the parties in Document Granting Approval Support eligibility.
(2) Supervision of the project for the purpose referred to in subsection (1), carried out by an independent consultant since the beginning of the time of Construction until the achievement of a commercial operation Date, to the interest of the Government in particular the Minister of finance and PJPK.
Article 39 (1) the Committee ensure that PJPK lists in the document Request Quote (RFP) provisions that oblige Businesses to conduct an independent consultant to carry out the supervision of Projects referred to in Article 38.
(2) Independent consultant referred to in subsection (1) is an independent consultant who meet the qualifications in accordance with the provisions of the legislation.
(3) Independent consultant referred to in subsection (1) and paragraph (2) should already be selected by the business entity auction winner at the latest at the same time with the establishment of a business entity the agreement of cooperation.
(4) Independent consultant must deliver the affidavit to the Secretary of the Committee and in particular the Financial PJPK, which States that an independent consultant would implement the tasks referred to in Article 38 are honest and professional, and ensure that there is no conflict of interest and affiliate relationship between an independent consultant and a business entity the agreement of cooperation as well as business entities, auction winner within at least 30 days of selected.
(5) All rights and obligations of Independent Consultants provided for in the agreement between independent consultant and business entities Signing the agreement of cooperation, which should not impede the achievement of the objectives referred to in Article 38.
Article 40 in order to Project supervision Cooperation as referred to in article 38, when requested by the Committee: a. the business entity Signing the agreement of cooperation and/or independent consultant is obliged: 1) menembuskan to the Committee a written report regarding the development of the work in order to implement each stage of completion Construction Project to satisfy the commercial Operation Date, which they pass on to PJPK;
2) convey information and explanations concerning the content of the reports referred to in subparagraph a;
b. to Corporately compulsory Cooperation Agreement Signing convey information, explanations, and/or report to the Committee regarding: 1) use Equity to finance development projects, referred to in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation; and 2) disbursement of loans from lenders, as referred to in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project.
CHAPTER VIII


PROVISION of INFORMATION on the GRANT of SUPPORT the APPROPRIATENESS of article 41 (1) the Committee may provide information and explanations concerning all matters related to the granting of Support eligibility as set forth in the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation and this ministerial regulation to the interested parties referred to in article 2 paragraph (2).
(2) in the framework of the provision of information and the explanations referred to in subsection (1), the Committee may publish guide books which are not contrary to the regulation of the Minister of finance governing the granting of Support Eligibility over some of the construction costs on the project of cooperation, this ministerial regulation and the provisions of other legislation.
(3) further Provisions regarding the procedures that make it easier for the Committee to provide information and explanations referred to in subsection (1), established by decision of the Chairman of the Committee.
CHAPTER IX GUIDELINES ETHICS and CONDUCT COMMITTEE Article 42 (1) of the Committee drawing up guidelines on ethics and Conduct Committee to ensure that Committee can work professionally and bertintegritas, as well as to prevent the occurrence of conflicts of interest between the Committee and all stakeholders referred to in article 2 paragraph (2) in order to Support granting eligibility.
(2) the provisions of the guidelines the ethics and conduct of the Committee as intended in paragraph (1) established by decision of the Chairman of the Committee.
CHAPTER X PROVISIONS of TRANSITIONAL Article 43 at the time of this Ministerial Regulation entered into force, to the project of cooperation which is already filing a Proposal Granting Support Eligibility to the Committee before the entry into force of this regulation of the Minister, the Committee continued its work pursuant to this regulation of the Minister.

CHAPTER XI CLOSING PROVISIONS Article 44 of 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 18 October 2013, FINANCE MINISTER of the REPUBLIC of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on October 21, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();