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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51a98eefe0902a313233373134.html

BN 217-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 217, 2013 the MINISTRY OF AGRICULTURE. Pricing. Purchase. Palm Oil. Plantations. The guidelines.
REGULATION of the MINISTER of AGRICULTURE of the REPUBLIC of INDONESIA No. 14/Permentan/OT. 140/2/2013 PRICING GUIDELINES on the PURCHASE of OIL PALM FRESH FRUIT BUNCHES PRODUCTION of PLANTERS with the GRACE of GOD ALMIGHTY MINISTER of AGRICULTURE of the REPUBLIC of INDONESIA, Considering: a. that with regulation of the Minister of agriculture no. 17/OT Permentan/140/2/2010 has set guidelines for the determination of the purchase price of fresh fruit Bunches (FFB) production of oil palm Planters;
b. that the efforts in the fields of plantations has experienced the development, and to provide a reasonable price gain protection from oil palm fresh fruit Bunches production planters as well as avoid unhealthy competition among oil palm Factories need to review the regulation of the Minister of agriculture no. 17/OT Permentan/140/2/2010;
Remember: 1. Act No. 18 of 2004 about Plantations (Gazette Republic of Indonesia Number 85 in 2004, an additional Sheet of the Republic Indonesia 4411);
2. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) juncto Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
3. Government Regulation Number 38 in 2007 about the Division Between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
4. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II;
5. Presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of State of jis presidential regulation Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011);
6. 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 juncto presidential regulation Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
7. The decision of the Minister of agriculture the number 61/OT Permentan/140/10/2010 about the Organization and the work of the Ministry of agriculture;
Decide: define: REGULATION of the MINISTER of AGRICULTURE ABOUT the PRICING GUIDELINES for the PURCHASE of OIL PALM FRESH FRUIT BUNCHES PRODUCTION of PLANTERS.
CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. oil palm Planters are planters are hereinafter referred to as the individual citizen of Indonesia are doing business and doing business partnerships with corporate partners.
2. The company's Plantation is a plantation trade Indonesia citizens or legal entities established under the laws of Indonesia and domiciled in Indonesia which manages venture palm oil plantations with certain business scale. and did the partnership effort with planters/institutional planters. 3. A partnership venture plantation business cooperation is between the planters with the company's plantations.

4. Institutional planters is a cooperative group of planters or containers that have the sysop and the structure of the organization.
5. A group of planters is a collection of planters which was formed on the basis of similarity of interests, equality and environmental conditions in a stretch that tied a non formal cooperation on the basis of mutual challenge, foster each other with compassion and has his farming business for a successful Chairman.
6. Oil Palm fresh fruit Bunches hereinafter referred to TBS is oil palm fresh fruit bunches that are generated by the planters. 7. "K" Index is an index of the proportion that expressed in percentage (%) which shows the part received by the planters.
8. a rough palm oil Yield (CPO) and palm kernel yield (PK) is the weight of the CPO at the factory can be generated divided by the weight of the FFB processed and multiplied by 100%. 9. the Department is responsible in the service areas of the estate.

Article 2 (1) of the regulation is intended as a legal basis for local government in the implementation of the TBS purchasing palm oil production planters.
(2) the purpose of this legislation is to provide protection in the acquisition of reasonably priced oil palm FFB production of planters, and avoid unhealthy competition among oil palm Mills (MCC).
Article 3 scope this regulation covers the purchase price formula of TBS, coaching and sanctions.

Article 4 (1) Planters sold all TBS to companies through institutional planters to be processed and marketed in accordance with the cooperation agreement.
(2) the agreement referred to in subsection (1) must be made in writing with known bupati/walikota or Governor.
(3) the Bupati/walikota and Governor in the implementation of the agreement referred to in subsection (2) is conducted by the head of Department.
CHAPTER II the PURCHASE PRICE FORMULA TBS article 5 (1) the purchase price of the TBS by the company based on the purchase price formula TBS. (2) the purchase price formula of TBS as intended in paragraph (1) are defined as follows: H = K TBS {Hms x Rms + His x Ris} in the sense of: H TBS TBS: the price received by the planters at the level of the plant, expressed in Usd/Kg; K:Indeks indicates the proportion of parts received by the planters, expressed in percentage (%); HMS: the average price of a rugged palm oil (CPO) export sales realization of weighted (FOB) and local company respectively in the previous period, expressed in Usd/Kg; RMS: rough palm oil Yield (CPO), expressed in percentage (%); His: the average price of palm kernel (PK) weighted sales realization of export (FOB) and local company respectively in the previous period, expressed in Usd/Kg; RIS: Yield palm kernel (PK), expressed in percentage (%).
(3) purchase price of the TBS as referred to in subsection (1) is assigned at least one (1) time per month based on real price weighted average rough palm oil (CPO) and palm kernel (PK) in the realisation of sales export (FOB) and their respective local company. (4) purchase price of the TBS as referred to in paragraph (3) is the price of palm oil processing plant franko.

(5) the purchase price of FFB as referred to in paragraph (4) is not a basic price of FFB.

Article 6 Magnitude index "K" set forth at least one (1) times every month by the Governor in the implementation is done by the head of Department on behalf of Governor upon the proposed Pricing Teams Purchase TBS.

Article 7

(1) the procedures for a quality harvest, harvesting, sorting, transporting, determination of average weight TBS according to age of the plant, sanctions, incentives, purchases and payments, calculation of the magnitude of the index "K" as well as the magnitude of yield a rough palm oil (CPO) and palm kernel (PK) as listed in the annex which is part an integral part of this regulation.
(2) a rough measurement of the Yield of palm oil (CPO) and palm kernel (PK) referred to in subsection (1) is evaluated periodically every 5 (five) years by the Bupati/Walikota and Governor in accordance with the General guidelines drawn up by the Directorate General of processing and marketing of agricultural output.
(3) the cost of measurement of yield referred to in paragraph (2) charged to the budget STATE BUDGET, BUDGETS of the provinces, the NATIONAL Kab/Kota and/or other funds are not binding.
Article 8 (1) Pricing team of TBS as outlined in article 6 established by the Governor with membership consists of: a. the Government of the province, Kabupaten/Kota;

b. Office of the province, Kabupaten/Kota;

c. Plantation Company;

d. the representative Planters (planters institutional); and e. other related Agencies.
(2) the determination of the purchase price of the TBS Team referred to in subsection (1) has the task of: a. formulating and suggests the magnitude of the Index "K" to the Governor;

b. monitor the implementation of the magnitude of the Index "K" as well as other relevant components in the formula of the purchase price of the TBS;

c. monitor the implementation of the application of the determination of the yield in a rugged palm oil (CPO) and palm kernel (PK);

d. monitoring the implementation of the provisions and the determination of the purchase price of the TBS;
e. delivering the sales average price rough palm oil (CPO) and palm kernel (PK) to the company and planters/institutional planters periodically; f. solve problems that arise between the company and planters/institutional planters.
(3) Financing the purchase Pricing team of TBS as referred to in paragraph (2) charged to the budget of STATE BUDGET and the BUDGETS of provinces.
CHAPTER III CONSTRUCTION of article 9 (1) for the implementation of the regulation of the Minister of agriculture was done coaching by the Director General of processing and marketing of agricultural output. (2) the Director General of Processing and marketing of agricultural output in doing coaching assisted by Team Builder.
(3) establishment and composition of the membership and duties of a Team Builder as mentioned in subsection (2) further established by the Director General of Processing and marketing of agricultural output.
Article 10 (1) Coaching against the planters and/or institutional planters are done by companies.
(2) the construction referred to in subsection (1), implemented by: a. conducting technical guidance and management of aquaculture;

b. announce the purchase price of the TBS at least one (1) time per month; and/or c.  deliver documents number of sales prices and a rugged palm oil (CPO) and palm kernel (PK), at least one (1) time per month to the provincial Office for clarification on the Pricing of the TBS Team.
CHAPTER IV SANCTIONS article 11 (1) Planters/institutional planters and the company if it does not comply with the agreed penalties fit within the cooperation agreement referred to in article 4. (2) application of sanctions was conducted by the Governor, Bupati/Walikota in accordance with the authority.

Chapter V TRANSITIONAL PROVISIONS article 12 (1) the partnership cooperation agreement between the company partners with a group of partners or planters that were conducted prior to the promulgation of these regulations stated remains valid.
(2) when the yield has not been established by the Governor, Bupati/Walikota usable yield table referred to in article 7 paragraph (1).
CHAPTER VI CLOSING PROVISIONS Article 13 provisions on the implementation of the determination of the purchase price of the TBS is further determined by the Governor.

Article 14 at the time these regulations come into force, the regulation of the Minister of agriculture no. 17/OT Permentan/140/2/2010 Pricing Guidelines about the purchase of fresh fruit Bunches (FFB) production of palm oil planters, revoked and declared inapplicable.

Article 15 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations the Minister of Agriculture of this with its placement in the news of the Republic of Indonesia.

Established in Jakarta on 5 April 2013 AGRICULTURE MINISTER SUSWONO enactment of the Republic of INDONESIA, in Jakarta on February 8, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn217-2013lamp fnFooter ();