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STATE NEWS
REPUBLIC OF INDONESIA
| No. 189, 2013 | MINISTRY OF FORESTRY. A settlement. Change The Country. Not the Treasurer. Third party. A Guide To The Execution. |
REPUBLIC OF INDONESIA FORESTRY MINISTER REGULATION
NUMBER P. 10/Menhut-II/2013
ABOUT
GUIDE TO THE EXECUTION OF THE COUNTRY ' S LOSS-OF
AGAINST CIVIL SERVANTS NOT THE TREASURER AND THE THIRD PARTY
IN THE FORESTRY MINISTRY ENVIRONMENT
BY THE GRACE OF THE ALMIGHTY GOD
MINISTER OF FORESTRY REPUBLIC OF INDONESIA,
Weigh: a. that under the Ordinance Minister's Ordinance Number P. 37/Menhut-II/2008 has been established the Ordinance of the Minister of Forestry about the Implementation Of The State Losses through the demands of the Treasury and the Demands of the Ministry's scope Forestry;
B. that with the change of the nomenclature of the Ministry of Forestry and the development of laws, in particular concerning the Resolution Of The State Losses Against The Civil Servants not the Treasurer and the Third Parties, then the Ordinance of the Minister Forestry as intended on a letter a need to be refined;
c. that based on the consideration of the above, need to specify the Minister of Forestry Regulation on the Implementation Of The Country's Loss of the Loss of the Country's Loss to the Non-Treasurer and Third Party in the Environment Ministry of Forestry;
Given: 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. Act No. 15 Year 2004 on Examination of Management And Responsibilities Of State (sheet Of State Of The Republic Of Indonesia In 2004 Number 66, Additional Sheet Of State Of Indonesia Republic Number 4400);
4. Presidential Decree No. 84 /P Year 2009 on the Establishment of the United Indonesia Cabinet United II as amended by Presidential Decree Number 59 /P Year 2011;
5. Regulation of the Chairman of the Financial Examiner Body Number 3 Year 2007 on the Tata Way of Completion of State Losses against the Treasurer;
6. Finance Minister Regulation Number 193 /PMK.01/ 2009 on the State of the Damages Completion Guidelines of the Treasurer in the Department of Finance Environment;
7. Forest Minister Regulation No. P. 40/Menhut-II/2010 on the Organization and Work Order of the Ministry of Forestry (News of the State of the Republic of Indonesia 2010 Number 405) as amended by the Ordinance of the Forestry Minister Number P. 33/Menhut-II/2012 (State News of the Republic of Indonesia 2012 Number 779);
DECIDED:
SET: FORESTRY MINISTER REGULATION ON THE DIRECTIONS OF THE IMPLEMENTATION OF THE SETTLEMENT OF THE COUNTRY ' S LOSS TO CIVIL SERVANTS NOT THE TREASURER AND THE THIRD PARTY IN THE FORESTRY MINISTRY ENVIRONMENT.
BAB I
UMUM CONDITIONS
Section 1
In this Minister ' s Rule, which is referred to:
1. State losses are shortcomings of money, precious letters, and tangible goods and are definitely the number as a result of the deeds against the law either intentionally or negligand.
2. Completion Peacefully is the completion of the country ' s losses by civil servants instead of the Treasurer, third parties who complete in cash at once or with a sur-sur road in the most prolonged period of 40 Twenty-four days for the third party and twenty-four months for the servant of the United States, not the treasurer.
3. Demands of State Losses which are henchmen abbreviated to TGKN are a process by which the Home Office is not a Treasurer or a third party has committed a violation of the law or its conduct in carrying out the current state of the country. Duty/duty is either directly or indirectly.
4. Melalaikan Oblicity (Wansachievement) is if a party is obligated to do something, with a warrant or with one acte or the like has been otherwise negligated, or if the passage itself sets out that the party is It must be considered negligable by the time of its predetermined period.
5. Approval of the Elimination of Money from the calculation of the Treasury is a consent given by the Minister of Finance c.q. Director General of the Treasury, to abolish the stolen money, be embezzled, or lost outside. The Treasurer's mistake.
6. Civil Servants are those who after fulfilling the terms defined in the laws, are appointed by the authorized officers and the duties of a state office or a dissertation on the duties of the other countries. Under applicable law.
7. The Third Party is a retired employee/retireed whose position has ties to the Ministry and/or the partners to carry out the work of the Ministry.
8. Absolute Liability (s) which is further abbreviated to SKTJM is a letter of information that states that it is responsible for the loss of the country and is willing to change the loss of the country. The state is
9. Written Statement is a Letter of Statement made by Upah, Retired and Rerighted Reright in good faith in relation to the resolution of the country's loss through peaceful efforts, among others bearing the recognition of the loss. The state that is the responsibility and the responsibility to compensate for the loss of the country, by mentioning the amount of money, the way and the time of the payment and is accompanied by a strong guarantee.
Ten. Expiry is a term that causes the term of the right to conduct the Treasury Charges/Demands for the loss of the state by not reducing the responsibility of the Treasurer/State Employees in question to the country. According to the civil law.
11. Country-owned goods that are next abbreviated as BMN are all items purchased or acquired on an APBN load or derived from any other authorized acquisition.
12.2015 The decision of the Pencatatan is a decree issued by the Financial Examiner 's Agency on the prosecution process of the State' s loss case for while it cannot be resumed.
Thirteen. The heir is a person who replaces the inheritance with respect to the right, duty, and responsibility for the whole or the whole.
14. The decision of the indemnation was to be established by the Minister of Forestry c.q. Secretary-General of the amount of state losses that had to be returned to the state by civil servants not the treasurer who proved to be a loss of state.
15. Conditional deletion is the Elimination of State/Regional Debt from the Central/Regional Government bookkeeping without abolishment the State/Region bill privileges.
-16. Absolute deletion is the removal of the State/Regional debt from the Central Government's bookkeeping/area which waives the State/Region bill privileges.
17. Temporary State Debt (PSBDT) is Unable To Be Billed As A Provisional State Debt (PSBDT) is Temporary State Debt, Not Yet To Be Collecable, As The Financial Minister's Decision Number 300 /KMK.01/2002.
18. An appeal is an attempt to seek justice to a higher level after the acceptance of the Decree of the Indemnity of Rugi.
19.Ministry is the Ministry of Forestry;
Twenty. The next State Losses, abbreviated as TPKN, is a team that handles the resolution of the country's losses raised by the Secretary-General on behalf of the Minister of Forestry.
21.Minister is the Minister of Forestry.
22.Secretary General is Secretary General of the Ministry of Forestry.
23.Officials Eselon I related are Inspector General/Director General/Head of the scope of the Ministry of Forestry.
24.Bureau Finance is the Finance Bureau of the General Secretariat of the Ministry of Forestry.
25.The General Bureau is the General Bureau of the Secretariat General of the Ministry of Forestry.
26. Head of the Office/Working Unit is the Secretary of the Inspectorate General/Secretary of the Directorate General/Secretary of the Agency/Director/Head of the Central Bureau and Head of the Technical Managing Unit of the Ministry.
BAB II
SCOPE
Section 2
(1) The Regulation of this Minister as a guide to the implementation of the country ' s loss of damages included:
a. Civil servants are not the Treasurer;
B. The retired daily/retired personnel/retirees are bound to have ties to the Ministry; and/or
C. Partners who carry out the work of the Ministry.
(2) Reright as referred to in paragraph (1) the letter c is not included in the Forestry field Business.
(3) State Losses Against Civil Servants are not the Treasurer and Third Parties in the Ministry of Forestry environment as referred to in paragraph (1), based on information about the loss of the country.
BAB III
COUNTRY LOSS INFORMATION
The Kesatu section
Information
Section 3
(1) The information about the country ' s loss as referred to Section 2 of the paragraph (3) may be known from the result:
a. Examination of the Financial Examiners of the Republic of Indonesia;
B. Supervision of functional supervising apparatus; and/or
C. Supervision and/or notice of a direct employer of the PNS or the Head of the Office/Working Unit;
(2) The information as referred to in paragraph (1) is made as the basis for the Head of the Office/Working Unit in conducting a follow-up to the loss of the country.
Section 4
(1) The information as referred to in Article 3, is required to be managed by the respective Chief Office/Workforce.
(2) Each Head of the Office/Workforce is required to examine whether such received information is related to the wealth of the country taken care of/to be responsible.
(3) In terms of information as referred to a paragraph (2) relates to the wealth of the country taken care of/be its responsibility, then the Chief Office/Head of the Workforce is required to reexamine whether it has been qualified to Follow up in order to complete the process of changing the country's losses.
(4) In conducting the research as referred to in paragraph (3) the Head of the Office/Working Unit forms Team Ad Hoc to complete the country's loss to the Office/Working Unit in question.
(5) Team Ad Hoc as referred to in paragraph (4) has the authority to perform data collection/information and state loss verification of the Head of the Office/Workforce.
(6) The research conducted by Team Ad Hoc as referred to in paragraph (4) is poured in the form of the Research Results Report/Examination is intended to obtain certainty regarding:
a. The number/magnitude of the country's loss;
B. Parties to be responsible for the loss of the country; and
C. Written proofs that may be accounted for in support of items a and b;
(7) The Head of the Office/Workforce reports the execution of the team Ad Hoc as referred to in paragraph (6) to the Minister with busan to TPKN and Eselon I for processing further.
Second Part
Country Loss Settlement Team
Section 5
(1) To resolve the country's loss to the country's non-Treasurer and Third Parties in the Ministry of Forestry environment, the Secretary General on behalf of the Minister forms the TPKN in the Ministry's environment.
(2) TPKN as referred to in paragraph (1) its member consists of the element Eselon I the scope of the Ministry and assisted by the Secretariat.
(3) TPKN is tasked with assisting the Minister in the process of settling the country ' s losses.
Section 6
(1) In order to carry out the duties as referred to in Article 5 of the paragraph (1), the TPKN Secretariat organizes the function:
a. Inventory the accepted state's loss cases;
B. calculate the country ' s loss;
(c.), and gather and verify the evidence that the perpetrator of the State of the State is not the Treasury, or the third party, or of the loss of the law, and that the loss of the state of the land is done country;
D. Inventorizes the property of the loss of a country that can be made as a guarantee of the completion of the country's losses;
e. process the resolution of the country ' s loss through SKTJM;
f. provide consideration to the Minister about the loss of the country as a decision material in setting the burden of changing the country ' s first-level losses;
G. Looking to resolve the country's loss, and
h. Delivering a report on the progress of the settlement of the country's loss to the Minister with a gust delivered to the Financial Examiner's Agency of Indonesia.
(2) In hosting its functions, TPKN members can coordinate with the Bureau of Finance which one of the tasks and functions is preparing the consideration material and following the implementation of the resolution of the country ' s loss of damages. and billing in the Ministry environment.
BAB IV
REPORTING, RESEARCH AND EXAMINATION
The Kesatu section
Reporting
Section 7
(1) In the case of the Report of Research/Examination as referred to in section 4 paragraph (6) resulting in state losses, both money and goods, then at least 7 (7) days after the event, Head of the Office/Working Unit reported the event to the Minister C.q. Secretary General.
(2) The report as referred to in paragraph (1) is exhaled to:
a. Chairman of the Financial Examiner Agency of the Republic of Indonesia (BPK-RI);
B. Related Eselon I officials;
C. Chief Financial Bureau of the Secretariat General, as Secretary of the TPKN; and
D. Head of the General Bureau of the Secretariat of the General (specialized for State-owned Goods);
(3) Reporting as referred to in paragraph (1) is supplemented by supporting documents on the event, at least as much as the Report of the Results of Examination/Research.
(4) The head of the Office/Working Unit beside the report as referred to in paragraph (1), is required to report to Eselon I officials in question.
Second Part
State Loss Research and Examination
Section 8
Research and Examination of state Losses against Civil Servants Not Treasurer, Head of Office/Workforce takes measures as follows:
1. Against Country Losses which include lack of money, valuables, and State-owned Goods (BMN), Head of Office/Work Unit reported to local Police authorities at the time of the occurrence of events or events and requests for Mail Description of the results of the examination at the scene of Perkara (crime scene);
2. Special to BMN, Head of Office/Working Unit requesting to the State and Lelang Wealth Service Office (KPKNL) to establish the magnitude of the country ' s loss value;
3. Request to the Inspector General for the Central Instancy or the Head of the Working Unit on behalf of the Inspector General for the Working Unit in the area to conduct the inspection of the country ' s loss;
4. Conduct an objective and accurate examination and research to seek the truth of the events that result in the loss of the country;
5. Determined by how and since when the deeds result in the loss of the country are done;
6. Determine the perpetrator ' s position as what and how much the value of the loss suffered by the state;
7. Create a daily record/check paper that is supported with the complete document/data and can be accounted for as the result of the results of the Examination that contains the data as follows:
a. Event of the loss of the country;
B. Name/NIP, Pangkat and Title of the perpetrators/suspects involved (special for the Civil Servants Not Treasurer);
C. The element or weight of error, omission/alpness of each of the perpetrators involved (the possibility of a loan is a responsibility);
D. Letter of recognition of the perpetrators involved/taking responsibility;
e. Total number of country losses;
f. Other information that can be used as a material consideration in resolving state losses.
8. Create and deliver the Report Results (LHP) to the taskgiver in time no later than 7 (7) business days after the completion of the inspection and the busan is delivered to:
a. RI ' s Financial Examiner Agency;
B. Minister C.q. Secretary General;
C. Inspector General;
D. Related Eselon I officials;
e. Head of the Financial Bureau;
f. The head of the Bureau of Personnel; and
G. Head of the General Bureau, (for state-owned goods).
Format of the Results of the Examination as set forth in Appendix I of this Regulation.
9. Create/reply/reply List of Questions about state losses. List of Questions List of Questions as set forth in Appendix II of this Regulation.
Third Part
Research and Examination of State Property
Section 9
In terms of research and examination of State-owned Goods (BMN), Head of Office/Workforce other than taking steps as referred to in Article 8, then Office Head/Work Unit must also take with move –step as follows:
1. Form a Ad Hoc team to check the number of missing items and assess/estimate on the price of goods and to know how much the country ' s definitive loss is.
2. Assessment/Conassessment of missing State Property pricing, Ad Hoc team to request the local KPKNL to set the value of the country's loss value.
3. Concurrent/answer the List of Questions about the country ' s loss. Format List of questions about state losses as set forth in Annex II of this Regulation.
Fourth Quarter
Third Party Research and Examination
Section 10
When the Third Party is lost, the Head of the Office/Workforce takes steps as referred to in Article 8 except for item 2, and further takes the following steps:
1. Perform deliberations with Third Parties to settle the Country ' s Losses peacefully;
2. The result of the deliberation as number 1 is poured in the Written Statement, and is required to be completed in the longest term:
a. 24 (twenty-four) months for the Wage Wage/Retired Civil Servant; or
B. 40 (forty) days for the Reright carrying out the work of the Ministry.
3. In the event of a State Loss above Rp. 20,000,000,-(twenty million rupiah), then the letter of the written statement as referred to in item 2 of the letter b, must be legalized by the Notary and the costs incurred by a third party;
4. Bilamana in deliberation as item 1 cannot be implemented, then the Head of the Office/Working Unit proposes to the Minister via Eselon I for the Introduction of the Third Party's loss to the Third Party;
5. The number of countries in the country where the number of the country's largest, and the total number of the country's largest, and the third party will be used to provide the following: as much as 3 (3) times in a row with a half-time of 30 (thirty) days of work;
6. The completion of the settlement as referred to in item 3 cannot be resolved and/or have difficulty in its charge/handling, then the Head of the Office/Head of the Working Unit to submit to the Head of the KPKNL;
7. Surrender of the State Loss case for the Wage Force/Retired Civil Servant to the KPKNL accompanied by documents:
a. Check/Search Results Report;
B. Written Statement of Statement;
C. The Somasi letter is 3 consecutive times; and/or
D. Supporting documents required.
8. Surrender of State Loss case for Reright carrying out the work of the Ministry, accompanied by documents as follows:
a. Research/Rapporteur Report;
B. Written Statement and/or Indempation Letter of the State Loss;
C. Letter of Somation 3 consecutive times;
D. A working agreement/contract/court ruling that has a fixed legal force and/or other document that proves the existence of a receivable;
e. Evidence of invoices and/or other documents that could prove the magnitude of the debt;
f. Documents related to the warranties and discharges;
G. Correspondence between the debt-binding and the debt-based and/or the guarantor of the debt relating to the efforts that have been implemented in the framework of the settlement of debt; and
h. The list of Nominations that includes information of indebted indentities includes names, addresses, remaining debts and dates of debt.
BAB V
SET THE COUNTRY ' S LOSS RESETTLEMENT METHOD
The Kesatu section
Deeds Against The Law
Section 11
(1) In the case of the Results of the Examination as referred to in section 8 of the number 3 conducted by the Inspectorate General and/or on behalf of the Inspectorate General:
a. Proven to be an act against both deliberate and negligable laws, TPKN issued a letter to the Head of the Office/Working Unit to process a settlement in exchange for the loss of the country.
B. Not proven to commit acts against the law either intentionally or negligand, the Secretary General on behalf of the Minister ordered TPKN to remove and issue the state's loss in question from the list of state losses of the Ministry.
(2) TPKN is striving for such a thing in verse (1) the letter a through the unit of Eselon I/Units The slowest 7 (seven) days after receiving a letter from the Inspectorate General and/or on behalf of the Inspectorate General.
(3) The process of country losses as referred to in paragraph (2), the Chief Office/Unit of Work ordered that the Civil Servant not the Treasurer who commits the country's loss is willing to make/finish and sign the Letter Absolute Responsibility (SKTJM).
(4) In terms of the Civil Servant not the Treasurer is the Head of the Office/Unit of Work, the Inspectorate General ordered that the Chief Office/Unit of Work performing the loss of the country willing to make/finish and sign Absolute Responsibility (SKTJM).
Second Part
Set the Way of Completion through
The Absolute Responsibility Letter
Section 12
SKTJM as referred to in section 11 of the paragraph (3) of the duration of the completion of the term 24 (twenty-four) months.
Section 13
(1) The SKTJM Indexing Terms include:
a. created by consciously unforced.
B. It contains false or negligation, and promises from the concerned to pay back the loss of the country in installments.
c. Loading an installment time limit of the country's loss is not to exceed 24 (twenty-four) months.
D. There is a definite amount of money for the loss of a country that is responsible for the staff.
e. contains the same amount of country losses as set forth in the Report/Examination Report or the value is equal to the number listed in the News Convaluation Event published by KPKNL.
f. A minimum of four (four), made quite a seal, is signed by the employee in question and two witnesses and is known to the Head of the Office/Head of the Working Unit.
G. It contains the warranty of the property of the employee concerned, and that the warranty is not a matter of dispute, burden of the Bank or in the state of warranty sita (conservatoir beslag) and is accompanied by a The letter of the power to sell the guaranteed bail.
h. In the case of SKTJM the warranty of the land must be accompanied by an original land certificate, as a possession of possession and submitted to the Head Office/Unit of Work, with the letter of the possession of the land to sell the land and the letter of the Power to be made available. That's enough. The value of the land is determined by the committee whose number of members is gasal and consists of the agencies that are authorized by making the News Event.
i. The guarantee of the value of valuables is determined by the committee, which is at least equal to the loss of the state and the warranty for the valuable goods to be accompanied by the letter of power to sell the warranty and the letter of power is passed to the Chief Office/Head of the Workforce.
J. The guarantee of the goods is a genuine land certificate, other valuable items are kept by the Chief Office/Head of the Workforce in a safe place, among others Brandkas, the Bank and so on.
No, The value of the guarantee of wealth is property of both land and other valuables, at a minimum equal to the magnitude of the country's losses listed in SKTJM.
(2) the autographed SKTJM, delivered with the provisions:
a. The first sheet, the Head of the Office/Employment Unit where the country ' s losses occur;
B. The second sheet, the Finance Bureau of the Secretariat General;
C. The third sheet, the Head of Unit Eselon I is concerned; and
D. The fourth sheet, TPKN.
The SKTJM format as set forth in Annex III of this Regulation.
Section 14
(1) In terms of the Civil Servant not the Treasurer signing the SKTJM, which is required to submit a guarantee whose value is at least equal to the amount of state loss to the Head of the Office/Working Unit on the TPKN name in the form original document:
a. Letter of submission of bail, format of the Warranty Surrender Letter as set forth in Annex IV of this Regulation.
B. Evidence of possession of goods and/or other wealth in the name of a civil servant is not the treasurer; and
C. The letter of power selling and/or thawing goods and/or other wealth of civil servants is not a treasurer, the format of the Letter of Power selling and/or thawing the goods and/or other wealth as set forth in Annex V of this Regulation.
(2) The Head of the Office/Working Unit for and on behalf of TPKN keeps the original document as referred to in paragraph (1) and is responsible for the document which it contains.
(3) SKTJM which has been signed by civil servants not the treasurer cannot be withdrawn.
(4) In terms of civil servants not the treasurer has made SKTJM, then it is not given the opportunity to lodge a self-defense/objection.
Section 15
Tata the way the country ' s loss of state losses is not the Treasurer through SKTJM as follows:
(a) IBM will provide the IBM-led IBM-based payment for the IBM-based IBM-based IBM-based IBM-based IBM-based IBM-based IBM-
b. In order to perform the SKTJM, the Ministry of Foreign Affairs is not the Treasurer able to sell and/or cash the guaranteed property after receiving approval and under the supervision of TPKN;
c. Of the proceeds of the sale and or of the substance of the property of wealth, as the letter b shall be referred to in the country's treasury;
d. In terms of supervision cannot be performed by TPKN, TPKN may request the Head of Office/Work Unit for and on behalf of TPKN supervising the execution of the sale and or the thawing of the property of wealth;
Article 16
Tata the way the country's civil servant restitution is not the treasurer as referred to in section 15 of the letter c with the provision:
a. using the blanko of the State Reception Letter Not Taxes (SSBP);
B. are described for payment of a country's name, unit of work, nominal fee, type of state loss; and
c. set up the MAP Code Number 423921 and list the respective Workforce code.
Article 17
(1) In regard to the Civil Servants not the Treasurer has changed the country's loss, the Secretary General on behalf of the Minister issued a letter of recommendation to the TPKN in order for the country's loss to be removed from the list of state losses;
(2) Spend the list of state losses as referred to in paragraph (1), the Secretary General on behalf of the Minister addresses the BPK-RI with a gust to the Directorate General of Wealth of the Ministry of the Ministry of Finance;
(3) In terms of the obligation of the civil servants not the treasurer to compensate for the loss of the state by other parties, the implementation is performed as done by the Regents/entitled/rights.
Third Part
Office of the Chief Office/Workforce
Section 18
Head of the Office/Working Unit is obliged to oversee, monitor and report on the implementation of the settlement via SKTJM or via a Written Statement Letter to replace the country ' s loss to TPKN.
Article 19
Head of the Office/Workforce other than overseeing, monitoring and reporting as in Article 18, also proposes to the concerned Eselon I in order to:
a. Against civil servants not the treasurer in question may be subject to administrative sanction by the weight of the wrongdoers the loss of the state in accordance with the Rules of the Act;
(b) Against the Civil Servants Not the treasurer who did not implement SKTJM, the Head of the Office/Working Unit submitted a proposal for the imposition of the Burden Switch of the State Level 1 to the perpetrators of the country's loss to the Minister through the concerned Eselon I.
c. Within 7 (7) days since SKTJM is not acquired and/or as referred to in the letter b, then the Chief Office/Working Unit is required to report to TPKN and Officer Eselon I for the Imposition Of The Charging Of State Loss Level 1.
Article 20
(1) The Head of the Office/Workforce request to the Inspector General for the Central Instancy or the Head of the Working Unit on behalf of the Inspector General for the Working Units in the area to conduct the inspection of the country's losses.
(2) In terms of state losses carried out by the Head of Office/Working Units in the area, the examination was conducted by the Inspectorate General.
Section 21
(1) The Chief Office/Work Unit is required to carry out the country's case of the country's loss case files in an orderly, orderly and chronological manner;
(2) Head of the Office/Workforce where the country loss is mandatory:
a. Create ”a list of Country Losses ”;
B. Record the progress of the completion of the country's loss in the List as referred to in the item a, above and report to TPKN with the Eselon I and the Bureau of Finance;
C. Record and report in accordance with the Governance Accounting Standards; and
D. Save and secure all files, documents/letters and other evidence tools associated with events that pose a country ' s loss.
Section 22
Head of the Office/Workforce conveyance report on the progress of the resolution of the country's losses periodically of monthly reports and quarterly reports to the Minister through the related Eselon I.
Section 23
First-rate Indempation (GKN) First-rate charges may be subject to State Employees instead of the Treasurer if:
a. The resolution of the country ' s loss with the peace efforts/SKTJM cannot be implemented;
b. already executed but there are still remaining state losses; and/or
C. SKTJM has been due, as well as assurances have been executed but there are still remaining state losses.
Section 24
(1) Against Civil Servants Not the treasurer who did not carry out SKTJM, the prosecution was due to process the prosecution of a state loss by the Secretary-General of the Cq.
(2) The Prosecution as referred to in paragraph (1) is submitted by the Head of the Office/Working Unit to the Minister via TPKN and the associated Eselon I stew.
(3) In the case of a civil servant not the Treasurer who did not implement SKTJM is the Head of the Office/Unit of Work, then the prosecution was submitted by the Inspectorate General based on the proposal of the Finance Bureau of the Secretariat General.
Fourth Quarter
The Completion Process by the State Loss Settlement Team
Section 25
TPKN after receiving reports of events as referred to in Article 24 of the paragraph (2) and (3), the subsequent Secretary of TPKN conveyed the advice of consideration to the Secretary General on behalf of the Minister to establish the Indempation Decision State Level 1 loss.
Section 26
In terms of the Civil Servants not the Treasurer has reimbursed the country as referred to in Article 17 of the paragraph (1), the Head of the Office/Working Unit on behalf of TPKN returned evidence of ownership of the goods and the letter of power selling.
Section 27
(1) In order for the implementation of SKTJM, the Ministry of Foreign Affairs is not the Treasurer able to sell and/or dilue the property of the wealth warranted as referred to in section 14, after receiving TPKN approval.
(2) The Head of the Office/Workforce on behalf of TPKN supervising the execution of the sale and or the melting of the property of the wealth in question.
Section 28
The order of the sale of the warranty goods as referred to in Article 27 of the paragraph (1) as follows:
a. One month before SKTJM is due, the Head of the Office/Workforce provides the opportunity for the State Losers to search for a buyer;
b. The implementation of the warranty service transaction is performed at the Office/work unit that stores the warranty warrant;
c. Bilamana State Losers may not seek a buyer within the specified time limit, the Head of the Office/Workforce processes the implementation of the sale of the warranty goods by means of auction through the State and Lelang (KPKNL) Wealth Service Office;
D. The auction/Sale of warranty items as referred to in item c, performed by a Team of at least 3 (three) persons and set by the Head of the Office/Workforce;
e. The proceeds of the sale of warranty goods are provided to the State Kas;
f. In the event of the sale of the warranty goods the result exceeds the loss of the country listed in SKTJM, then the remainder is returned to the owner of the goods.
Article 29
TPKN reports the results of the settlement of the country 's losses to Minister Cq Secretary General' s slowest 7 (seven) days since receiving a Chief Office/Unit report report.
Fifth Part
Eselon Oblimony I
Section 30
After receiving reports of a state loss event from the Working Unit as referred to in Article 19 of the letter b, the next Eselon I takes the steps as follows:
1. Conduct the research completeness of the events resulting in the country ' s loss.
2. Pass the report to the Minister C.q. Secretary-General with the Busan Inspector General accompanied by documents, with the format of the document as set forth in Appendix VI of this Regulation.
3. Assign the Chief Financial Officer and General/Other Officer appointed to try to resolve the country's loss.
4. Chief Financial and General/Other assigned officers are mandatory:
a. Create ”: List of Country Losses ” based on the report of the organization unit that is under it as a monitoring tool;
B. Record the progress of the follow-up settlement of the country's loss on the basis of the follow-up report; and
C. Passing the State Losses to the Bureau of Finance.
5. Conduct the assessment and research of the TGKN proposal from the Head of Office/Working Unit and report the Results of the Examination to the Minister C.q. Secretary General with the busan Inspector General.
6. Proposing the imposition of the Demands for the Minister c.q. Secretary-General, if the resolution of the country's loss with the peace effort/SKTJM may not be implemented and/or has been implemented but there is still the remainder of the country's loss. And/or SKTJM has been due and assurances have been executed but there are still remaining state losses.
7. Provide consideration of consideration to the Minister C.q. Secretary General of the proposal Eselon I/Chief of the Working Unit below for the Civil Servants not the Treasurer to be handed over to the State Court in case the country ' s loss of state losses Criminal elements of corruption.
8. Perform an acceleration effort/completion of the country's loss and the results of the month are reported to the Minister of the General Secretary with a stew to the Inspector General, with the report Format as set forth in Annex VI. This rule.
Sixth Part
The process on the Ministry of Forestry
Section 31
After receiving an event report as referred to in Articles 30 of items 2 and 6, the Secretary General takes steps by conducting the assessment and research of the proposal and its agility.
Section 32
In terms of the results of the assessment and research as referred to in Article 31 have met the requirements for the imposition of the Burden Decision of the State of Level 1, the Secretary General on behalf of the Minister published the Notice of Notices Demands to the concerned.
Article 33
(1) The Notice of Notices as referred to in Article 32, is delivered to the concerned through the Head of the Work Office/Unit, with the busan to the associated Eselon I.
(2) The Head of the Office/Workforce as referred to in the paragraph (1) must deliver the Notice of Notice to the concerned and ask the concerned to sign the receipt.
Section 34
In terms of the civil servants not the treasurer under the observer/remains/fled the world, then the Chief Office/Unit of Work or Inspectorate General delivers a Notice of Notice to the Regents/obtaining An heir with a receipt.
Section 35
The receipt as referred to in Article 34 is delivered to the Minister by the Chief Office/Unit of Work or the Inspectorate General of the slowest 3 (three) business days since the receipt of the Civil Servant is not the treasurer/observer/who acquiring the rights/heirs.
Section 36
Civil Servants Not treasurer/observer/beneficiary can submit objection to the Notice of Notice to the Minister C.q. The longest 14 (fourteen) business days since the date of receipt of the Letter The notice of the demands indicated on the receipt with the BPK-RI and Eselon I's gust is concerned. The format of the Notice of Notices Letter, with Format as set forth in VII.
Section 37
The Secretary General on behalf of the Minister publishes the Decree of Indemiation of Level 1 State Losses (KPGKN TK 1), if:
a. The civil servant is not the Treasurer not willing to make/sign the SKTJM;
b. Term to submit objections have been exceeded and the civil servants are not the treasurer not to file any objections;
c. The civil servant is not the Treasurer to file an objection but it is rejected; and/or
d. Has exceeded the term of 24 (twenty-four) months since the signing of the SKTJM but the loss of the country has not been replaced completely.
Section 38
Head of Office/Unit of Work must deliver KPGKN TK 1 to the Civil Servant not the treasurer/observer/who acquires the rights/heirs and requests to the Civil Servants Not Treasurer/safety/who gains the right/heir to sign Receipt.
Section 39
In terms of the civil servants not the Treasurer has paid off the country ' s loss, then the confiscated wealth treasury is returned to the concerned.
Section 40
(1) KPGKN TK 1 as referred to in Article 37 is final, and has the legal force for the execution of the execution sita and has the right to precede.
(2) KPGKN TK 1 by the Secretary General on behalf of the Minister for the duration of the effective 24 (twenty-four) month, the Charging Decision of the Level 1 State Losses as set forth in Annex VIII of this Regulation.
Section 41
The Minister handed over the debt-care to the Committee for Foreign Debt (PUPN) to be done on the terms of the provisions in the field of state debt management, if:
a. Within 7 (seven) days after KPGKN TK 1 was due to be exceeded and the State Officer instead of the Treasurer did not change the country's loss; and/or
b. proof that the civil servant is not the treasurer committed against the law or negligation, but if the status of the Minister of State is not the treasurer has been dishonorred as a civil servant and still has an obligation to restore it. The loss of the state within seven days after receiving the Pit Stop as a civil servant, the treasury is not the Treasurer not to replace the country's losses in cash.
Section 42
(1) If the Treasurer does not have the treasury to be sold or the proceeds of the sale are insufficient for the replacement of the country's loss, then the Chief Office/Unit of Work is seeking a return The loss of the state through a cut at least 50% (fifty percent) of the month's earnings to the lunas.
(2) If Public Servants Are Not Treasurer entering retirement, then in the Payment Termination Decree (SKPP) it is listed that the concerned still has debt to the state and the Insurance and Retirement Savings (Taspen) which became the right of the civil servants not the treasurer can be reckoned to compensate for the loss of the state.
Seventh Part
The Compensation Demands Based On Loan Responsibilities
Section 43
(1) The case of the country's loss by some of the civil servants instead of the treasurer may be subject to a TGKN based on loan responsibility.
(2) The process of solving the prosecution of restitution with the responsibility of the loan sharks was first resolved peacefully.
Article 44
(1) The burden of loan liability is based on a small length of error/omission of each of the employees concerned.
(2) To determine the small amount of responsibility each employee needs to do carefully and objectively research based on data as well as the actual facts among others:
a. News Show News.
B. Evidence of payment.
C. Acknowled/written statements of each of the employees concerned at the time of examination; and
D. Clues/other information related to the case.
(3) Based on the results of the study above, specified the magnitude replacement of the country ' s loss must be paid/returned by each of the employees concerned with regard to:
a. The weight of error is based on the value of the loss of the country
B. The weight of blame is based on responsibility.
Eighth Part
Completion Due To Expiry
Section 45
(1) The obligation of the civil servant instead of the Treasurer, to pay damages, becomes expired if in time 5 (five) years since the loss of the country or within 8 (eight) years since the loss of the country No damages for the prosecution were made to the concerned.
(2) The responsibility of the heirs, the regents, or the other parties who obtain the right of the Servants Of The State, are not removed if the three (three) years have passed since the court's decision to establish the position of the servant of the State of the Interior. not the Treasurer, or any other official, or since the question is known to have fled or died not being notified by officials who are authorized about the loss of the state.
Ninth Part
Completion Based On Criminal Law
Section 46
State losses in addition to being completed under the Ordinance of the Minister of Forestry, may also be resolved under the provisions of the criminal law if in case the country's losses are not treasurer and/or third parties. meets the criminal elements.
Article 47
Against the conduct of the Civil Servants not the treasurer and/or the third party meets the criminal elements as referred to in Article 46, then the Head of the Office/Workforce takes the steps of the settlement effort as follows:
A: If a loss of a state contains the elements of the criminal, then the Chief of Work in the report is required to declare the elements of the criminal act, and the surrender of the charges to the prosecutor is committed. after getting a lead from the Minister of Forestry cq of the Head of the Bureau of Law and the Organization of the Forestry Ministry.
b. Monitor the progress of the settlement of the case, and report the results to the Minister of Forestry up the Secretary General through the Eselon I concerned by attaching it:
1) Court Termination;
2) Execution of court rulings, including:
a) The value of the goods deprived for the country;
b) Denda, replacement money payment; and/or
c) Other sanctions that can be assessed with money.
c. Reports as to which the case b of its release are delivered to:
1) Inspector General;
2) Head of the Bureau of Law and Organization;
3) Chief Financial Bureau, and;
4) Direct Atasan Head of the Office/Working Unit is concerned.
BAB VI
LOSS OF STATE LOSS
Section 48
If there is a case of a country's loss having difficulty in its charge/handling, the Chief Office/Workforce is required billing and warning in writing (somasi) to the perpetrator of the country's loss of 3 (three) times in a row with a half-time of 30 (thirty) days of work.
Section 49
In terms of billing and warning in writing (somasi) it is not adhered to by the perpetrator of the country's loss as referred to in Article 48, then the Head of the Office/Working Unit handed down the country ' s loss of difficulty in Its agiities/handling is written to the Committee on State PiDebt Affairs (PUPN) Branch through the local KPKNL.
Section 50
The submission of the country ' s loss case as referred to in Article 49, carried out for the case of state loss in the catagories:
a. Expiry;
b. The perpetrator has passed away;
c. The offender fled;
d. The offender under the seat (kuratil);
e. The perpetrator is not capable of his economic terms; and/or
f. Unrecognized offender address.
Section 51
Head of the Office/Workforce in bestoing the case of the country ' s crash losses to PUPN/KPKNL as referred to in Article 49, with the following documents provided:
a. Country loss report by the Head of Office/Workforce;
b. The Absolute Responsibility of the Letter (SKTJM);
c. Notices letter from the Minister;
d. Decree of the State Losses Replace the State (SKPGKN) specified by the Minister;
e. Letter of the Appeal Level;
f. Letter of Examination; and
g. Letter of correspondence between the Surrender of the Debt with the Hdebts Recharge relating to billing efforts (warning letters I, II and III).
Section 52
Head of the Office/Workforce after obtaining the removal agreement from PUPN/KPKNL is the consent of the State Debt for Temporarily Not Yet Publically (PSBDT), further proposing the Unconditional Elimination to the Minister C.q. The General Secretary is hereby envied the document as follows:
a. Nominative List;
B. PSBDT.
Article 53
The Nominative List contains the least information:
a. The identity of the Howed Replays which includes the name and address;
b. The rest of the debts of each Howed Anggung are to be abolished;
(c) The date of the Agreement, the date of the expiration date of the Agreement, the date of the expiration date of the Agreement, and the date of the transfer of the debt to the PUPN
d. The date of being declared as PSBDT by PUPN, in the case of the State/Regional Company debt has been declared as PSBDT, or the date of approval of the withdrawal of affairs and the date of the statement of receivable affairs is completed from the PUPN Branch in terms of The State/Region Company debt management has been withdrawn from the PUPN Branch; and
e. The extent of the existence and capability of the Hdebts Attraction, the presence and condition of the warranty goods, and/or other related captions.
Section 54
(1) After the Minister c.q. the Secretary General accepts the Proposed Elimination proposal from the Head of the Office/Working Unit, further examining the completeness of the document in question for further processing.
(2) Bilamana documents required to be complete, Minister c.q. The next Secretary General filed a case of state losses to BPK-RI to obtain a recommendation.
(3) Based on the results of the recommendation of BPK-RI, the Secretary General on behalf of the Minister proposed the conditional abolition to the Director General of Wealth of the State of the Ministry of Finance.
Section 55
(1) Minister c.q. Secretary General after receiving a conditional Elimination Decision from the Director General of Wealth of the Ministry of Finance, passing the decision to the Head of Office/Working Unit Concerned, further cases of state losses are issued from the Ministry's list of state losses.
(2) With the conditional removal of the Decision as specified in paragraph (1), the Head of the Office/Workforce is still fixed to contesting to the perpetrator of the country ' s loss before it is set to the Elimination Decision Absolutely.
Section 56
An absolute deletion proposal for the country's loss, may be submitted by the Head of the Work Unit after 2 (two) years since the designation of the Elimination of the Terms and is delivered in writing to the Minister c.q. Secretary General with at least the document at least:
a. Nominative List of Debt Outstanding;
b. The Conditional Deletion Assignment Letter of the proposed debt to be terminated in absolute terms; and
c. Letter of Interest from the apparatus/official authorities stating that the Howed Attraction does not have the ability to pay off its obligations.
BAB VII
OTHER PROVISIONS
Section 57
(1) In terms of being able to be proven that over a number of money that has been made to the State Cash Account as a softening of the country 's losses turns out to be greater than it should be, the Country' s Losses Losses concerned/heirs/heirs or those who acquire property rights, may apply for a refund of excess invoices that have been paid to the country ' s cash account through the procedure in accordance with the provisions of the laws.
(2) The Chief Office/Working Unit who co-signed SKTJM and is labeling its duties in saving the country 's wealth so that the country' s loss cannot be completed precisely in time, can be assessed as not be responsible for the country's interest and sanction in accordance with the provisions of the laws.
(3) Any country loss caused by an act of unlawful or otherwise negligence must be resolved promptly in accordance with the provisions of the laws.
(4) Civil Servants Not Treasurers, or other officials who for their actions violated the law or through the obligations charged to him directly harming the finances of the state, are obliged to replace those losses.
Section 60
The removal of the State Property/Wealth Goods is carried out under the provisions of the laws.
Section 61
For public servants who are not employees of the Ministry doing the loss of the Ministry of the Ministry's resources, then the state's loss of loss refers to this rule and that all problems are required to be delivered to that agency. concerned.
Section 62
The Secretary General reports a case of loss of State ' s scope to the Financial Examiner Agency (BPK-RI) every quarter.
BAB VIII
TRANSITION PROVISIONS
Section 63
By set this regulation then:
1. Against the Expiration Date of the Expiration Date which has been published in the event remains in effect as a Decree for the Indemnity of the State of State Losses and subsequent to this regulation.
2. The State of the United States, the United States, the United States, and the United States, in the United States, in the United States, the country's losses in the country
BAB IX
CLOSING PROVISIONS
Section 64
At the time the Regulation of the Minister is in effect, then the Regulation of the Minister of Forestry Number P. 37/Menhut-II/2008 on the Directive Implementation Of The Settlement Of The Country Through The Demands Of The Treasury and Demands Replace the scope of the Department The foresight, revoked and declared is not applicable.
Section 65
The Forest Minister ' s regulations come into effect on the date of the promulctest.
So that everyone knows it, ordering the invitational of the Minister of Forestry's regulations with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on January 30, 2013
FORESTRY MINISTER
REPUBLIC OF INDONESIA,
ZULKIFLI HASAN
It is promulred in Jakarta
on 4 February 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
Attachment:
bn189-2013
