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Regulation Of The Minister Of Agriculture No. 14/permentan/ot. 140/2/2013 2013

Original Language Title: Peraturan Menteri Pertanian Nomor 14/PERMENTAN/OT.140/2/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 217, 2013 MINISTRY OF AGRICULTURE. Pricing. A purchase. Palm oil. Plantation. Guidelines.

AGRICULTURAL MINISTER REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 14 /Permentan/OT.140/2/ 2013
ABOUT
PURCHASE PRICE GUIDELINES FOR PURCHASE TANDAN FRUIT PALM PRODUCTION PEORCHARD

BY THE GRACE OF THE ALMIGHTY GOD

MINISTER OF AGRICULTURE REPUBLIC OF INDONESIA,

Weigh: a.  that with the Regulation of Agriculture Minister Number 17 /Permentan/OT.140/2/ 2010 has been established the purchase of the purchase price of purchase of fresh fruit and fresh fruit (TBS) palm production of the Garden.
B. That the work in the field of the plantation has undergone the development, and to provide the protection of the fair price of Tandan the Fresh Fruit of the palm oil production and avoid unsanitary competition between the palm oil factories. review of Agriculture Minister Regulation No. 17 /Permentan/OT.140/2/ 2010;

Given: 1.  Law No. 18 Year 2004 on Plantations (Sheet State Of The Republic Of Indonesia 2004 Number 85, Additional Sheet Of State Republic Indonesia 4411);
2. Law No. 32 Year 2004 on Regional Governance (State Gazette 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) juncto Act Number 12 Year 2008 (Republican Gazette) Indonesia Year 2008 Number 59, Additional Gazette of the Republic of Indonesia Number 4844);
3. Government Regulation Number 38 Year 2007 on the Partition of Affairs Between Government, Provincial Government, and the District/City Government (Indonesian Republic of Indonesia 2007 Number 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 4737);
4. Presidential Decree No. 84 /P Year 2009 on the Establishment of the United Indonesia Cabinet United II;
5. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State jis Presidential Regulation No. 91 Year 2011 (State Sheet of the Republic of Indonesia Year 2011 Number 141);
6. Presidential Regulation No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State as well as Susunan Organization, Duty and Functions of Eselon I Ministry of State juncto Regulation No. 92 of 2011 (State Sheet of the Republic of Indonesia) 2011 Number 142);
7. Agriculture Minister ' s Decision Number 61 /Permentan/ OT.140/10/ 2010 about the Organization and Workforce of the Ministry of Agriculture;

DECIDED:

Set: Agricultural Minister ' s Regulations On The Guidelines For The Purchase Of The Purchase Of A Fresh Fruit Of The Oil Palm Oil Palm.

BAB I
UMUM CONDITIONS
Section 1
In this Regulation referred to:
1. The next coconut palm garden is called a peorchard, an individual of the Indonesian Citizen who conducts the plantation business and performs business partnerships with partner companies.
2. The Plantation Company is an Indonesian citizen or legal entity established according to Indonesian law and is based in Indonesia that manages the oil palm plantations with a certain scale of effort. and conduct business partnerships with gardening/institutional peorchards.
3. The estate partnership partnership is the cooperation of efforts between the gardeners with the plantation company.
4. The institution of the garden is a platform of a garden group or cooperative that has the administrator and organizational structure.
5. The garden group is a collection of gardeners formed on the basis of similarity of interests, commonality of environmental conditions and in a non-formal-bound expanse with cooperation on the basis of mutual compassion, compassion and mutual care. The chairman for the success of the farm.
6. The subsequent fresh fruit palm oil is called TBS is the fresh fruit palm produced by the gardener.
7. Indek "K" is an index of the proportion expressed in percentage (%) that indicates the share received by the gardener.
8. The yield of crude palm oil (CPO) and palm core yield (PK) are the weight of CPO/PK which the plant can produce is divided by the TBS weight that is processed and multiplied by 100%.
9. The service is the responsible service in the field of plantations.

Article 2
(1) This Regulation is intended as a legal basis for the Local Government in the implementation of the purchase of TBS palm oil production peords.
(2) The purpose of this Regulation is to provide protection in the fair price of TBS palm oil production of the garden, and avoid unsanitary competition among the Palm Oil (PKS) Plant.

Article 3
The scope of this Regulation includes the TBS purchase price formula, coaching and sanctions.

Section 4
(1) The Farm sells all of TBS to the company through the institution of the garden to be treated and marketed in accordance with the cooperation agreement.
(2) The cooperation agreement as referred to in paragraph (1) must be made in writing with the known regent/mayor or governor.
(3) The regent/mayor and governor in the implementation of the agreement as referred to in paragraph (2) is carried out by the Head of the Service.

BAB II
TBS PURCHASE PRICE FORMULA
Section 5
(1) TBS purchase price by the Company is based on the TBS purchase price formula.
(2) The term of the TBS purchase price as referred to in paragraph (1) is set as follows:

H TBS = K {Hms x Rms + His x Ris}

with understanding:
TBS : The price of TBS received by the gardener at the factory level, stated in Rp/Kg;
K : The index of proportion that shows the part received by the garden, expressed in percentage (%);
Hms :
The average price of crude palm oil (CPO) weighted the realization of export sales (FOB) and local each company in the previous period, expressed in Rp/Kg;
Rms : Oil yields rough palm (CPO), expressed in percentage (%);
His :
The average price of palm palm (PK) weighted realization of export sales (FOB) and local each company in the previous period, expressed in Rp/Kg;
Ris : palm core yield (PK), expressed in percentage (%).
(3) The TBS purchase price as referred to in paragraph (1) is specified at least 1 (one) times each month based on real prices weighted average crude palm oil (CPO) and palm core (PK) as per the realization of export sales (FOB) and local each company.
(4) The purchase price of TBS as referred to in paragraph (3) is the price of franko oil palm processing plant.
(5) The TBS purchase price as referred to in paragraph (4) is not the basic price of TBS.

Section 6
The magnitude of the "K" index is set at least 1 times each month by the Governor in its implementation to be conducted by the Head of the Service on behalf of the Governor based on the proposal of the TBS Purchase Price Team.

Section 7
(1) Harvest fashion, harvest quality, sortation, transport, TBS average weight designation by plant age, sanctions, incentives, purchase and payment, calculation of the magnitude of the "K" index as well as the magnitude of crude palm oil (CPO) and the core of the palm (PK) as set forth in the Attachment which is an inseparable part of this Regulation.
(2) Measurement of crude palm oil (CPO) measurements and Sawit Core (PK) as referred to in paragraph (1) periodically evaluated every 5 (five) years by the Regent/Mayor and Governor in accordance with the general guidelines compiled by Directorate General of Processing and Marketing Results of Agriculture.
(3) The cost of measurement of the yield as referred to in paragraph (2) is charged on the APBN budget, APBD Province, APBD Kab/City and/or other funds are not binding.

Section 8
(1) The TBS Price Redemption Team as referred to in Section 6 is set up by the Governor with the membership made up of the element:
a. Provincial Government, Kabupaten/Kota;
B. Provincial Service, Kabupaten/Kota;
C. Plantation Company;
D. Deputy Peorchard (institutional planer); and
e. Other related agencies.
(2) The TBS Purchase Price Penetration Team as referred to in paragraph (1) has the task:
a.   formulating and proposing the magnitude of the "K" Index to the Governor;
B.   monitoring the application of the magnitude of the "K" Index as well as the other components associated in the TBS purchase price formula;
c. monitor the implementation of the implementation of crude palm oil (CPO) and palm palm (PK) applications;
D.   monitoring the implementation of the terms and pricing of the TBS purchase price;
e. delivered the average price of crude palm oil sales (CPO) and palm palm (PK) to the company and the institutional/institutional peorage of the periodic;
f.    Solving problems that arise between companies and planers/institutional gardening.
(3) The financing of the TBS Purchase Price Team as referred to in paragraph (2) is charged on the APBN budget and the Provincial APBD.

BAB III
COACHING
Section 9
(1) For the implementation of the Regulation of the Minister of Agriculture it is conducted coaching by the Director General of Processing and Marketing of Agricultural Results.
(2) Director General of Processing and Marketing of Agriculture Results in conducting coaching assisted by Team Pembina.
(3) The formation and arrangement of the membership and duties of the Pembina Team as referred to in paragraph (2) are further set forth by the Director General of Processing and Marketing of Agricultural Results.

Article 10
(1) Coaching against the gardeners and/or the institution of the orchard is carried out by the plantation company.
(2) Coaching as referred to in paragraph (1), executed by:
a.   conducting the technical guidance of cultivation and management;
B.   announces TBS purchase price at least 1 (one) times each month running; and/or
c. deliver the price document and the amount of sales of rough palm oil (CPO) and Core Sawit (PK), at least 1 (one) times each month to the provincial service for the TBS Price Penetration Team.

BAB IV
SANCTION
Section 11
(1) the institution of the gardens and the Company if it does not meet the agreed conditions in accordance with the cooperation agreement as referred to in Article 4.
(2) The sanctions of the sanctions are carried out by the Governor, the Regent/Mayor in accordance with the authority.

BAB V
TRANSITION PROVISIONS
Section 12
(1) The partnership agreement between partner companies with partner groups or gardeners conducted before promulmiting the Regulation is declared to remain in effect.
(2) If the yield has not been established by the Governor, the Regent/Mayor may be used in the table as referred to in Article 7 of the paragraph (1).

BAB VI
CLOSING PROVISIONS
Section 13
The provisions regarding the implementation of the TBS Purchase Price are further established by the Governor.

Section 14
At the time this Regulation came into effect, Agriculture Minister Regulation Number 17 /Permentan/OT.140/2/ 2010 on the Guidelines of purchase of purchase price of fresh fruit and fresh fruit (TBS) palm production of the Garden, revoked and declared to be not applicable.

Section 15
These rules begin to apply on the date of the promulctest.

So that everyone knows it, ordering the invitational of the Minister of Agriculture's Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on February 5, 2013
AGRICULTURE MINISTER
REPUBLIC OF INDONESIA,

SUSWONO

It is promulred in Jakarta
on 8 February 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN



Attachment: bn217-2013lamp