STATE NEWS
REPUBLIC OF INDONESIA
| No. 1252, 2013 | MINISTRY OF FINANCE. A takeover. The PT. Inalum. Termination. Investors. Set The Way |
REGULATIONS OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER
NUMBER 144 /PMK.06/ 2013
ABOUT
LAYOUT FOR THE IMPLEMENTATION OF THE TAKEOVER OF PT INDONESIA ALUMINIUM ASAHAN IN ORDER TO RESOLVE THE TERMINATION OF THE PARENT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA WITH THE CAPITAL PLANTERS FOR THE ASAHAN POWER PLANT AND ALUMINIUM PROJECT
WITH THE GRACE OF THE ALMIGHTY GOD
FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,
Weigh: a. that the Parent Agreement between the Government of the Republic of Indonesia with Modal Planters To Project Power Plants and Aluminium Asahan (Master Agreement Between The Government Of Indonesia And The Investors For Asahan Hydroelectric And Aluminum Project) (Parent Agreement) will end on October 31, 2013 and the Government of the Republic of Indonesia has decided not to extend the Parent Agreement;
B. that under the terms of the parties ' negotiations, the implementation of the termination of the Parent Agreement is conducted with the takeover Indonesia Asahan Aluminium (PT. Inalum) through the transfer of shareholding (share transfer) of capital planters to the Government of Indonesia;
c. that the funding for the termination of the Parent Agreement as referred to in the letter b, has been provided in the 2012 State Budget and Revenue Budget, which has been placed in the Parent Account of the Investment Fund For the Purchase of PT. Inalum on the Government Investment Center, and the State Budget and Budget Year of the Budget 2013;
D. that based on consideration as referred to in letter a, letter b, letter c and in order to carry out the provisions of Article 18 paragraph (3) of the Law No. 19 Year 2012 on the State Budget and Budget of the Year of Budget 2013 as amended by Law Number 15 Year 2013 on Changes to the 2012 Law Number 19 Year on Budget and State Shopping of the Year of Budget 2013, it needs to set the Finance Minister ' s Regulation on the Tata Way The Takeover Of The PT. Indonesia Asahan Aluminium in Framework Completion Termination of the Parent Agreement between the Government of the Republic of Indonesia with the Modal Planters for the Project Power Plant and Aluminium Asahan;
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. 1 of 2004 on the State Treasury (State Sheet of Indonesia Year 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
3. Law No. 19 Year 2012 on Budget and State Shopping 2013 (State Sheet of the Republic of Indonesia 2002 Number 228, Additional Gazette Republic of Indonesia Number 5361) as amended by Law No. 15 Year 2013 on Changes to the Law No. 19 of 2012 on Budget and State Shopping 2013 Budget Year 2013 (State Gazette of the Republic of Indonesia 2013 No. 108, Additional Gazette of the Republic of Indonesia) Indonesia Number 5426);
4. Finance Minister Regulation Number 242 /PMK.05/ 2012 on the Tata Way Preparation And Irrigation Fund of the Government Investment Fund for the Purchase of PT Indonesia Asahan Aluminium;
DECIDED:
Establish: REGULATION OF THE MINISTER OF FINANCE ABOUT THE GOVERNANCE OF THE TAKEOVER OF PT INDONESIA ASAHAN ALUMINIUM IN ORDER TO RESOLVE THE TERMINATION OF THE PARENT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA WITH THE CAPITAL PLANTERS FOR THE PROJECT POWER PLANT AND ASAHAN ALUMINUM.
Section 1
In Regulation of the Minister this is referred to:
1. PT Indonesia Asahan Aluminium next called PT Inalum is a joint venture formed by the Government of the Republic of Indonesia and Nippon Asahan Aluminium Co., Ltd, which was established in Jakarta, to build and operate the Project Asahan, as per the Mother Agreement.
2. Nippon Asahan Aluminium Co., Ltd. next called NAA is a consortium of 58.88% (fifty-eight eight-eight per cent) shares of PT Inalum, which is formed by twelve companies of capital growers. laws in the State of Japan.
3. The Investment Fund is the entirety of the funds provided in the State Budget and Shopping Budget in the framework of NAA-owned securities on PT Inalum to the Government of the Republic of Indonesia, which consists of the PT Inalum Purchase Investment Fund and PT Inalum Takeover Investment Fund.
4. The PT Inalum Purchase Investment Fund is a fund derived from the State Budget and Shopping Budget Year 2012 on the Government Investment post which has been placed in the Parent Account of Investment Funds For the Purchase of PT Inalum on the Center Government Investment.
5. Takeover Investment Fund PT Inalum is a fund derived from the State Budget and Shopping Budget Year of 2013 on the Investment Financing post in the framework of the Takeover Of PT Inalum.
6. The Asahan Project Negotiation Team called the Negotiating Team is the Asahan Project Negotiating Team as referred to in Presidential Decree No. 27 of 2010.
7. The subsequent Government Investment Center (PIP) is a government agency in the Ministry of Finance implementing the General Services Agency's Financial Management Pattern (PPK-BLU), which is in charge of carrying out operational authority in the Ministry of Finance. the central Government ' s investment management in accordance with the policies set forth by the Finance Minister and under applicable law.
Section 2
(1) Implementation of the takeover of PT Inalum via the diversion of NAA shares on PT Inalum to the Government of the Republic of Indonesia, financed from the Investment Fund.
(2) The Investment Fund as referred to in paragraph (1) consists of:
a. The PT Inalum Purchase Investment Fund which has been placed in the Parent Account of Investment Funds For Purchase of PT Inalum on PIP of Rp2.000.000.00 (two trillion rupiah);
B. The Rp5,000.000.000.00 (five trillion rupiah) Takeover Investment Financing Fund.
Section 3
(1) The Minister of Finance as General Treasurer of the State is a Budget User of the Takeover Investment Fund PT Inalum as referred to in Article 2 of the paragraph (2) letter b.
(2) In order to carry out the authority as referred to in paragraph (1), the Finance Minister appoints the Director General of the Wealth of State as the User Power of the Budget over the Takeover Investment Fund PT Inalum.
(3) The Director General of the Wealth of State may appoint the Head of the Unit of Eselon II in the environment of the Directorate General of the Wealth of State to exercise the authority as the Budget User Power as referred to in paragraph (2).
Section 4
Set the way of the DIPA passage in order of the takeover of PT Inalum is done in accordance with the provisions of the laws.
Section 5
(1) The payment of NAA ' s shareholding on PT Inalum was carried out based on the results of the negotiations between Team Negotiations with the NAA.
(2) The results of the negotiations as referred to in paragraph (1) at least contain the value of the diversion of the shares and the parties receiving the payment.
Section 6
(1) The NAA ' s repayment payment request on PT Inalum was submitted by Team Leader Negotiations to the Finance Minister c.q. Director General of the Wealth of State by attaching a document termination agreement of the Parent Agreement and Exhaled to the Director General of the Budget and Director General of the Treasury.
(2) Based on the request as referred to in paragraph (1), Director General of the Wealth of State conducts research and establishes the value of the payment value to be charged on the Fund Financing Takeover of PT Inalum and the Fund PT Inalum Purchase Investments as referred to in Article 2 of the paragraph (2).
(3) The Director General of the Wealth of State forwarded the payment request as referred to in paragraph (2) to:
a. KPA over the Takeover Investment Fund PT Inalum to perform the thawing of the Takeover Investment Fund PT Inalum to the recipient of the payment according to the negotiation result; and/
B. PIP head to lease the PT Inalum Purchase Investment Fund to the recipient of the payment according to the negotiation result,
corresponds to the value set by the Director General of the Wealth of State.
(4) In the event of the remainder of the PT Inalum Purchase Investment Fund and there is no dispute regarding the value of the diversion of PT Inalum which must be completed through the arbitration process, the Director General of the Country's Director of Wealth is intended to be completed. In verse (3) the request for the Head of PIP to provide the remainder of the funds and interest and/or giro services to the State Cash Account.
Section 7
(1) The thawing of Takeover Investment Financing PT Inalum and the deposit of the PT Inalum Purchase Investment Fund are conducted in the currency of the United States dollar (USD).
(2) The application of the submission of a thawing application by the KPA to the Special KPPN Loan and the Hibah is done in accordance with the provisions of the laws.
Section 8
In the event of a dispute regarding PT Inalum ' s stock diversion value to be completed through the arbitration process, the PT Inalum Purchase Investment Fund is still available in the Parent Account of Investment Funds For the Purchase of PT Inalum on PIP is used for payment difference of the disputed share transfer value in accordance with the arbitration ruling.
Section 9
(1) If the arbitration ruling wins the Government of Indonesia, the PT Inalum Purchase Investment Fund as referred to in Article 8 is returned to the State Cash Account and the interest and/or giro services at the request of the Director General of Wealth The country.
(2) If based on the arbitration ruling the Government is required to pay a margin of the dispute over the disputed share, the Director General of the Wealth of State delivers a request to the Head of PIP to lease it from the PT Purchase Investment Fund. Inalum as referred to in Article 8 to the payment recipient account in accordance with the arbitration ruling.
(3) After the deposit as referred to in paragraph (2), the remainder of such funds and/or interest and/or giro services are provided to the State Cash Account.
Section 10
The reporting and accountability use of the Investment Fund is implemented in accordance with the provisions of the laws.
Section 11
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 October 23, 2013
FINANCE MINISTER
REPUBLIC OF INDONESIA,
MUHAMAD CHATIB BASRI
Promulgated in Jakarta
on October 24, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
