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Regulation Of The Minister Of Industry 13/m-Ind/per/2/2013 2013

Original Language Title: Peraturan Menteri Perindustrian Nomor 13/M-IND/PER/2/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 326, 2013 MINISTRY OF INDUSTRIES. Restructuring. The machine. Equipment. LIKM. Program.


REPUBLIC OF INDONESIA ' S INDUSTRIAL MINISTER REGULATION
NUMBER 13/M-IND/PER/2/2013
ABOUT
ENGINE AND/OR EQUIPMENT RESTRUCTURING PROGRAMS
INDUSTRY SMALL AND MEDIUM (IKM)
BY THE GRACE OF THE ALMIGHTY GOD
REPUBLIC MINISTER OF INDUSTRIES INDONESIA,

Weigh: a.   that in order to develop and attach the Small Industry and Medium Saing Power as one of the national priority industries, it needs to increase production capabilities by holding machine restructuring programs and/or equipment Small Industry and Medium Industry through the granting of price breaks in the purchase of new machines and/or production equipment;
B.   that under consideration as intended in the letter a, it is necessary to establish the Minister of Industry Regulation on the Machine restructuring and/or Small Industrial Equipment and/or the Medium Industry;

Given: 1. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia Year 1984 No. 22, Additional Gazette of the Republic of Indonesia No. 3274);
2. Act Number 17 Year 2003 on State Finance (Sheet State Republic Of Indonesia In 2003 Number 47, Additional Sheet Of State Republic Of Indonesia Number 4286);
3. Act No. 1 Year 2004 on the State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
4. Act No. 15 Year 2004 on Governing The Management And Responsibilities Of The State Treasury (State Of The Republic Of Indonesia 2004 Number 66, Additional Sheet Of The Republic Of Indonesia Number 4400);
5. Government Regulation No. 17 Year 1986 on Regulatory Authority, Coaching and Industrial Development (State Sheet of the Republic of Indonesia Year 1986 No. 23, Additional Gazette Republic of Indonesia Number 3330);
6. Presidential Regulation No. 7 of 2005 on the National Intermediate Term Development Plan;
7. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as it has been several times amended last with the Presidential Regulation Number 91 of 2011;
8. 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 as it has been several times amended last with the Presidential Regulation Number 92 2011:
9. Presidential Regulation No. 54 of 2010 on Governing Goods/Government Services as it has been several times amended by Presidential Regulation No. 70 of 2012;
Ten. Presidential Decree No. 54 of 2012 on the Government Work Plan (RKP) of 2013;
11. President's decision No. 42 of 2002 on the Guidelines for the Implementation of the Budget and Shopping of the State (Indonesian Republic of the Republic of Indonesia 2004 No. 73, Additional sheet of State of Indonesia Number 4214) as has been several times Last modified with the Presidential Regulation No. 53 of 2010;
Twelve. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Kebinet Unified II Period of 2009-2014 as amended several times with Presidential Decree Number 59 /P of 2011;
Thirteen. Regulation of Finance Minister Number 59 /PMK.06/2005 concerning the Central Government Financial Accounting and Reporting System;
14. Regulations Minister of Industry Number 105 /M-IND/ PER/10/2010 on the Organization and the Working Governance of the Ministry of Industry;
15. Industry Minister Rule Number 15 /M-IND/ PER/2/2011 on the Guidelines of the Use of the Internal Products in the Absence Of Government Goods/Services;
-16. Regulations Minister of Industry Number 64/M-IND/-7/2011 on Industrial Types in the Coaching General of the Directorate General and Agency in the Ministry of Industry environment;

DECIDED:

establish: INDUSTRY MINISTER RULES ABOUT MACHINE RESTRUCTURING PROGRAM AND/OR SMALL AND MEDIUM INDUSTRIAL EQUIPMENT (IKM).

Section 1
In this Minister ' s Rule, which is referred to:
1. Small and Medium Industry (IKM) is a Small Industrial Company and Medium Industry Company.
2. Small Industrial Company (IK) is an industrial company with an overall investment value of up to Rp.500,000,000,-(five hundred million rupiah), excluding land and building place venues.
3. Medium Industry Company (IM) is an industrial company with an overall greater investment value of Rp. 500,000,000,-(five hundred million rupiah) up to at most Rp.10,000,000,000,-(ten billion rupiah), excluding land And the building.
4. The expansion of the Industrial Company is the addition of production capacity exceeding the permitted capacity.
5. Director General is Director General of Small and Medium Industry.

Article 2
Minister Perindustrian establishes and is responsible for the policy and execution of machine restructuring programs and/or IKM equipment in order to increase the National IKM saing power.

Article 3
(1) IKM as referred to in Section 2 includes the principal group:
a. Food Industry;
B. The Beverage Industry;
C. Industi Textiles;
D. The Clothing Industry So;
e. Leather Industry, Goods from Skin and Foot Alas;
f. Industry of Chemical Materials and Goods from Chemical Materials;
G. Pharmaceutical Industry, Chemical Drug Products and Traditional Medicine;
h. Rubber Industry, Goods from Karet and Plastics;
i. The Metal Goods Industry, Not the Machine and its Tools;
J. Machine and Supplied Industry;
No, Motor Vehicle Industry, Trailer and Semi Trailer; and
I. The furniture industry.
(2) Industry-type details under the Indonesian Field of Business Classification (KBLI) 5 (five) digits for each of the principal members of the IKM as referred to in paragraph (1) as set forth in this Order of the Minister's Ordinance.

Section 4
(1) IK Company or IM Company with an industry type as referred to in Section 3 of the paragraph (2) that performs engine restructuring and/or industrial equipment or expansion is granted a financing relief in the purchase machines and/or IKM equipment according to its type of industry.
(2) Restructuring as referred to in paragraph (1) is the replacement and/or adding of a more efficient and productive machine and/or production equipment to produce a quality and quality product.
(3) The financing leniation as referred to in paragraph (1) is only provided for the company that:
a.   using machines and/or equipment with advanced technology and new (not secondhand) conditions; and
B.   the type of engine used in conjunction with the production process and the support equipment.
(4) The provisions of advanced technology as referred to in paragraph (3) of the letter a and associated with the type of machine as referred to in paragraph (3) the letter b is set forth in the General Director's Regulation.
(5) Leniation of financing as referred to in paragraph (1) is charged to DIPA Directorate General of Small and Medium Industries, Ministry of Industry of Budget Year 2013 and subsequent years throughout its budget Got approval from the Minister of Finance.

Section 5
The financing leniation as referred to in Article 4 is provided in the form of machine purchase price cuts and/or industrial equipment.

Section 6
(1) The purchase price of a machine and/or industrial equipment as referred to in Section 5 is provided to the Company IK or IM Company that meets the provisions of Article 4, by means of replacement (reimburse).
(2) The pieces of the price as referred to in paragraph (1) as large as:
a.   35% (thirty-five percent) of the machine purchase value and/or industrial equipment for the IK Company, and
B.   25% (twenty-five percent) of the engine purchase value and/or industrial equipment for the IM Company.
(3) The provisions as referred to in:
a.   verse (2) letter a to 40% (forty percent), if the IK Company uses a machine and/or domestic production equipment as evidenced by the Letter of Statement from the manufacturer of the machine/equipment known to the local Industry Service, And
B.   verse (2) letter b to 30% (thirty percent), if the IM Company uses a machine and/or domestic production equipment as evidenced by a Letter of Statement from the manufacturer of the machine/equipment known to the local industry.
(4) The amount of the price as referred to in paragraph (2) or paragraph (3) of the most Rp. 500,000,000,-(five hundred million rupiah) per company per year of the budget as evidenced by providing evidence of purchase.
(5) The proof of purchase as referred to in paragraph (4) applies to the purchase of machine and/or industrial equipment at least 1 November 2012 and has been installed no later than 31 October 2013 for pieces the price it financed with the 2013 APBN, and applies the same provision for the next budget years.

Section 7
The purchase price cuts of the machine and/or industrial equipment as referred to in Section 6 are executed against the financing source derived from:
a. cash purchase;
B. banking credit (cash loan and non cash);
c. Financial Institution Credit Not Bank (LKBB); and/or
D. engine supplier credit.

Section 8
(1) The Director General as the User of the Budget User is required to make the answers to the execution of Machine Restructuring Programs and/or IKM Equipment in the form of a financial report.
(2) The order of reporting as referred to in paragraph (1) refers to the Regulation of Finance Minister Number 59 /PMK.06/ 2005 about the Central Government Financial Accounting and Reporting System.
(3) The Director General is required to report the use of the budget, the achievement of the goals and objectives of the program in a timely and appropriate target to the Minister of Industry every 6 (six) months.
(4) IKM who has obtained the leniation of the financing as referred to in Section 5, is required to submit reports of progress of machine utilization and/or equipment every 1 (one) year once for 3 (three) years to the Director General of Small and Medium Industry.
(5) The order of reporting as referred to in paragraph (3) and paragraph (4) is governed in the Regulation of the Director General.

Section 9
(1) To optimize and remain the objective of the Machine Restructuring Program and/or IKM Equipment as set out in this Ministerial Regulation, formed Team of the Direction, Power of Experts and Technical Team of officials in the environment Ministry of Industry, practitioner and related technical agencies.
(2) The formation of the Steering Team, the Expert Power and the Technical Team as referred to in paragraph (1) are set up and established with the General Director Ordinance.

Article 10
(1) the Company ' s IK and IM Company recipients of machine financing and/or industrial equipment through price cuts as referred to in Article 6 are prohibited for:
a.   provide false information, false documents or committing fraud, and
B.   Transferring ownership/transfer of machine and/or industrial equipment to other parties without the approval of the Ministry of Industry for a period of 3 (3) years.
(2) the IK Company and IM Company that violates the provisions as referred to in paragraph (1) are subject to the sanction:
a.   must return a discount that has been received to the State Kas, and/or
B.   cannot follow machine and/or industrial equipment restructuring programs in the Ministry of Industry for the following years.
(3) The Company of IK and/or the Company of IM yng is subject to the provisions as referred to in Section 8 of the paragraph (4) of the sanctions that may not follow the Program's Restructuring Program and/or IKM Equipment in the Ministry of Industry For the next year.

Section 11
(1) further terms regarding the purchase of machine and/or Appliance purchase financing through the purchase price of the machine and/or industrial equipment as referred to in Section 6 are governed by the Director's Ordinance. General.
(2) The rules of the Director General as referred to in paragraph (1) and Section 4 of the paragraph (4) in the form of a Technical Lead.

Article 12
The IK Company and IM Company which have obtained machine purchase financing and/or IKM equipment prior to the effect of this Minister Regulation, applicable provisions and requirements as set out in the Regulation of Ministers Industry Number 98/M-IND/PER/12/2011 about the Engine Restructuring Program and/or the Small and Medium Industrial Equipment (IKM) and its implementation regulations.

Section 13
By applicable this Minister Regulation, the Regulation Minister of Industry Number 98/M-IND/PER/12/2011 on the Machine restructuring program and/or the Small and Medium Industrial Equipment and its implementation regulations, revoked and declared no Applicable.

Section 14
The Regulation of the Minister comes into effect on the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on February 20, 2013
MINISTRY OF INDUSTRY
REPUBLIC OF INDONESIA,

MOHAMAD S. HIDAYAT

promulred in Jakarta
on 25 February 2013

MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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