Regulation Of The Minister Of Transportation Number Am 10 2013

Original Language Title: Peraturan Menteri Perhubungan Nomor PM.10 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50db793de0b527313233313239.html

BN 355-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 355, 2013 the MINISTRY OF TRANSPORTATION. Public Service. Transport. Train. Economy Class. Providence. The Ordinance.
REGULATION of the MINISTER of TRANSPORT of the REPUBLIC of INDONESIA NUMBER am 10 YEARS 2013 ABOUT ORDINANCE ORGANIZING the OBLIGATION of PUBLIC SERVICE TRANSPORT PEOPLE by TRAIN to the MINISTRY of ECONOMY CLASS with the GRACE of GOD ALMIGHTY MINISTER of TRANSPORT of the REPUBLIC of INDONESIA, Considering: a. that in order to carry out the presidential regulation Number 53 in 2012 About the obligations of public service and Pioneering the field of Railways Transportation Subsidies, the cost of using infrastructure of State-owned railways. , As well as the maintenance and operation of the State-owned Railways Infrastructure;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of transport regarding the procedures for organizing the Obligation of public service Transport People by train To the Ministry of economy class;
Remember: 1. Law – Law Number 23 of 2007 about Railways (Gazette of the Republic of Indonesia Number 65 in 2007, an additional Sheet of the Republic of Indonesia Number 4915);
2. Law – Law number 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038);
3. Act No. 12 year 2011 about the formation of Legislation;
4. Government Regulation Number 56 in 2009 about the Organization of the Government (State Gazette of the Republic of Indonesia Number 129 in 2009, an additional Sheet of the Republic of Indonesia Number 5048);
5. Government Regulation Number 72 in 2009 about the traffic and Freight trains (State Gazette of the Republic of Indonesia Number 176 in 2009, an additional Sheet of the Republic of Indonesia Number 5086);
6. Government Regulation Number 90 in 2010 about the preparation of the work plan and budget Ministries/institutions (State Gazette of the Republic of Indonesia Number 152 of 2010, an additional Sheet of the Republic of Indonesia Number 5178);
7. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended last presidential regulation Number 91 in 2011;
8. Presidential regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries, as last amended by regulation of the President Number 92 in 2011;
9. Presidential regulation Number 53 in 2012 about the obligations of public service and Pioneering the field of Railways Transportation Subsidies, the cost of using infrastructure of State-owned Railways, as well as the Maintenance and operation of the State-owned Railways Infrastructure;
10. Regulation of the Minister of transportation Number KM 60 of 2010 about the Organization and the work of the Ministry of transportation;
11. Regulation of the Minister of transportation Number PM 9 in 2011 about the Minimum service standard To Transport People by train;
12. Regulation of the Minister of transport of PM Number 28 in 2012 about the guidelines calculation and determination of the price of Transport People by train;
13. the regulation of the Minister of Finance of the Republic of Indonesia Number 143/FMD. 02/2012 about the Ordinance provision, liquefaction, and accountability of the Fund holding of the obligations of public service Rail Transport fields of economy class;
Decide: define: MINISTER of TRANSPORTATION RULES ABOUT the PROCEDURES for ORGANIZING the OBLIGATION of PUBLIC SERVICE TRANSPORT PEOPLE by TRAIN to ECONOMY CLASS SERVICES CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Railways are one unified system, consisting of infrastructure, means, and human resources, as well as the norm, criteria, requirements, and procedures for the Organization of rail transport.
2. Train is a means of railways with the energy of motion, good running itself or coupled to other railways, with the means that will be or are moving on the path rail associated with rail travel. 3. The organisers a means of railways is a business entity that lobbies for means of Public railways.

4. Business entity is a State-owned enterprise, region, or legal entity established specifically for the Indonesia Government.
5. State-owned enterprises SOES are hereinafter referred to as the business entity to which all or most of the capital is owned by the State through its investment directly derived from the wealth of the country separated.
6. obligations of the organizer of the business entity of public service transport people by train Ministry of economy class is host of the established means of railways or the assignment of the Minister;
7. Obligations of public service (Public Service Obligation) is the Government's obligation to provide a service of freight trains to the community with affordable rates.
8. Checklist of the implementation of the budget referred to hereafter DIPA is a document the implementation of the budget drawn up by the user/User Power Budget budget and passed on by the Minister of finance or an Officer authorized by the Minister of finance.
9. Budget Users hereinafter abbreviated PA is the official holder of the authority its budget ministries/Institutions Working Device units of the region or the Officials identified at other institutions BUDGETS/BUDGET users.
10. The power of the Budget Users hereinafter abbreviated KPA is officials who obtained the authority and responsibility of the user to use the budget Budget delegated to him.
11. The Central Government that the Government is hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 12. Local Government is the Governor, Governor or mayor, and other areas as the organizer of local governance.

13. the Minister is the Minister whose duties and responsibilities in the field of Railways.

14. the Director-General is the Director General of the duties and responsibilities in the field of railways.

CHAPTER II PRICE of article 2 (1) the organisers a means of railways set a price of transport people by train to economy class service with holding on to the calculation of the rates set by the Minister.
(2) in the case of the community votes hasn't been able to pay the tariff set by the organizer of the business entity means railways, Minister after coordinating with the Minister of finance sets the price of the transport people by train to the Ministry of economy class.
(3) the difference between the rates set by the Minister with the tariff set by the organizer of the business entity Means Railways is the responsibility of the Government in the form of public service obligations.
(4) the costs that can be taken into account in the Organization of the public service obligations laid down by the Minister after obtaining the consideration of the Minister of finance.
(5) the calculation of the tariff in the implementation of the Organization of the public service obligations by implementing business entity conducting the obligation of public service are bound to the ministerial regulation about the Costs that can be taken into account in the Organization of the public service obligations of the Transit And Transport the pioneering Railways.
CHAPTER III ORGANIZATION of the PUBLIC SERVICE OBLIGATIONS of article 3 (1) of the public service Obligations are organised by the Government that their implementation was assigned to a business entity the organisers a means of railways.
(2) the Fund for the purposes of the public service obligation is allocated in the budget revenue and Expenditure of the State (STATE BUDGET) and/or BUDGET changes were used as the basis to make a contract with a business entity the organisers a means of railroads as an organizer of public service obligations.
(3) the Organization of the public service obligations referred to in paragraph (1), is obligated to fulfill the principles as follows: a. based on the rates determined by the Minister after obtaining the consideration of the Minister of finance;

b. based on cross-service/relations/route/train name or assigned by the Minister;

c. provide treatment and services to all users of the services of minimum service standards established by the Minister;

d. maintain the safety and security of passengers.

CHAPTER IV ASSIGNMENT ORGANIZER OBLIGATIONS of PUBLIC SERVICE TRANSPORT PEOPLE by TRAIN to ECONOMY CLASS SERVICE of article 4 (1) the determination of the implementing organization of the public service obligations are implemented through public auction.
(2) the implementation of a public auction as stipulated in paragraph (1), carried out in accordance with the provisions of the legislation in the field of government procurement of goods/services.
Article 5 (1) the Director General of the longest month of October before the fiscal year runs the obligation of public service, have formed the Committee for organizing the implementation of the procurement obligations of public service transport people by train to the Ministry of economy class.
(2) in the case of public auctions cannot be implemented the Director General proposes the assignment to the organizer of the STATE-OWNED railways to implement means of organizing the obligation of public service transport people by train to the Ministry of economy class.
(3) the Director General of the longest month of November before the fiscal year runs public service obligations, implementing business entity proposes organizing the obligation of public service transport people by train to economy class service to the Minister based on the results obtained from a public auction or assignment.
(4) the Minister establish the business entity implementing organization of the public service obligations referred to in article 4 paragraph (1) longest end of January fiscal year running.
CHAPTER V


CONTRACTS article 6 (1) the implementation of the Organization of the public service obligations set forth in the contract between the Director-General with the main organizers Director of business entity means of railways.
(2) a contract with a business entity the organisers a means of railways as referred to in paragraph (1) was signed immediately after the publication of DIPA.
Article 7 (1) of the contract execution organization of public service obligations by virtue of the TH has been endorsed by the Director-General of the Treasury of the Ministry of finance.
(2) the contract referred to in subsection (1) is signed by the Director General on behalf of the Minister by the Director of a business entity's main organisers a means of railways.
(3) the contract referred to in subsection (2) before being signed by the Director-General must get prior approval from the Minister. (4) the authority signing the contract by the Director General on behalf of the Minister is done based on the special power of Minister (5) the contract referred to in subsection (2), at least contain: a. the transport performance;

b. implementation of the payment obligations of the public service;

c. Administrative completeness required for billing of business entities;

d. the period of implementation of the public service obligations;

e. verification mechanism of implementation of the public service obligations;

f. the rights and obligations of the parties;

g. the settlement of disputes and the sanctions;

h. provisions on the State of the force; and i. the parties who signed contracts which include the name, title, and address.
CHAPTER VI article 8 OBLIGATIONS in the implementation of the Organization of the public service obligation, the Minister is authorized to: a. establish the price of the Organization of the public service obligations;

b. oversee the implementation of the Organization of the public service obligations based on minimum service standard;

c. establish sanctions in the event of a business entity does not meet the conditions as in the contract; and d. carry out monitoring, surveillance and analysis and evaluation of the implementation of the Organization of the public service obligations at regular intervals and at any time if necessary.
Article 9 Corporately Organisers a means of railways in carrying out the Organization of the public service obligation shall be obliged to: a. implement the agreed Contract;

b. execute a predetermined rate;

c. maintain continuity of service on cross-service/relations/routes that have been set;

d. implementing organization of the public service obligations based on minimum service standard;

e. inform the entire work units business entity of the Organization of the public service;

f. report on the performance of the implementation of the Organization of the public service obligations on a regular basis to the Minister c. q Director General;

CHAPTER VII PAYMENTS article 10 (1) disbursement of public service obligations the Organization of the execution was carried out on a monthly basis.

(2) the directors of a business entity filing a bill payment funds the implementation of the Organization of the public service obligations for the month in regard to KPA.
(3) the amount of funding the implementation of the Organization of the public service obligations were disbursed each month most of 90% (ninety percent) of the calculation result verification.
(4) difference in the lack or excess of disbursements of the implementation of the Organization of the public service obligations shall be taken into account after verification of documents and conducted quarterly. (5) further Provisions regarding the procedures for submission of the Bill and the verification is administered by the Director General.

CHAPTER VIII of the VERIFICATION of article 11 (1) in the framework of the disbursement of the budget the implementation of the Organization of the public service obligations, the Director General of verifying the implementation of the Organization of the public service obligations.
(2) the verification referred to in subsection (1) consists of the verification of the Administration to Bill the month running and administration and the field verification for the Bill quarterly. (3) further Provisions regarding the procedures for submission of the Bill and the verification provided for in the regulations the Director General.

Article 12 (1) the verification referred to in article 11, carried out by a team formed by the Director General consists of technical, planning, finance and law. (2) Implementation of field verification as referred to in paragraph (1) upon the assignment of the Director General.
(3) verification team as referred to in paragraph (1), in carrying out its task on the basis of Standard Operating Procedure (SOP) implementation verification organization of the public service obligations are drawn up and defined by the Director General.
(4) Standard Operating Procedure (SOP) as referred to in paragraph (3), contain at least the following: a. General provisions;

b. the object to be verified; and c. a verification implementation Procedures.
(5) the results of the verification as referred to in paragraph (1), signed by the verification team as verifikator and Tim Corporately organizers public service obligations as parties to the verified and submitted to the Official manufacturer of the commitment.
(6) the results of the verification as referred to in paragraph (4) was poured in the News Event analysis and evaluation of the Verification Team and was signed by the Director of a business entity obligations of public service providers and is known to the Official manufacturer of the commitment.
(7) the News Event Verification as referred to in subsection (6) does not absolve organizers of public service obligations to be audited by authorized agencies in accordance with the provisions of the legislation.
Article 13 (1) in the framework of the provision of data and information the inaugural public service obligation business entities organizers public service obligations is obligated to provide the information systems organization of the public service obligations that can be accessed by the Directorate General of Railways.
(2) In verifying the Director General can use data that is accessed through the information systems organization of the public service obligations.
Article 14 obligations of the organizer of the business entity responsible for the public service is formally and materially the implementation and use of the funds of the Organization of the public service obligations.

Article 15 KPA was responsible for channeling the funds the implementation of the public service obligation to the conducting of business entity obligations of public service providers.

Article 16 business entities that received the railways means organizers assignment public service obligations obligatory accounting separation about the assignment in question.

Article 17 (1) a business entity obligations of public service providers deliver accountability reporting use of funds the Organization of the public service obligation to KPA.
(2) use of the accountability reports deliver KPA funds the implementation of the Organization of the public service obligation to the Minister and the Minister of finance.
Article 18 (1) KPA organizes accounting and reporting in accordance with the provisions of the legislation.
(2) the business entity obligations of public service providers organise accounting and reporting in accordance with the provisions of the legislation.
Article 19 (1) the use of public service obligations Fund carried out the audit in accordance with the provisions of the legislation.
(2) if based on the results of the audit referred to in paragraph (1) States that the amount of funding the implementation of the Organization of the public service obligation is greater than the amount of the fees that you have paid the Government to the efforts of the organizers of the obligation of public service, lack of payment proposed for budgeted in the STATE BUDGET and/or BUDGET Changes in accordance with the provisions of the legislation.
(3) the deficiency referred to in subsection (2) is payable in the event of a business entity penyelenggarakewajiban public services have been doing bookkeeping separation.
(4) if based on the results of the audit referred to in paragraph (1) States that the amount of funding the implementation of the Organization of the public service obligation is smaller than the amount paid to Government business entity obligations of public service providers, the overpayment is meant to be deposited into the State Treasury as an acceptance of the State is not in accordance with the provisions of Tax legislation.
(5) the business entity obligations of public service providers is obligated to report the use of the funds of the Organization of the public service obligation which has been performed in accordance with the provisions of laws and regulations to the Director General at the latest 1 (one) month after examination.
CHAPTER IX SUPERVISION article 20 (1) the Director-General to conduct surveillance at regular intervals or at any time is needed against the implementation of the obligations of public service providers.
(2) in the case of supervision as referred to in paragraph (1) found irregularities towards the implementation of the obligations of public service providers, the Director-General gave a reprimand and sanctions. (3) the Director General reported on the results of periodic supervision to the Minister every 6 (six) months.

CHAPTER X the CLOSING PROVISIONS Article 21 ministerial regulation is valid from 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 February 15, 2013 TRANSPORT MINISTER of the REPUBLIC of INDONESIA, E.E. MANGINDAAN Enacted in Jakarta on March 1, 2013, the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN