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Back NEWS REPUBLIC of INDONESIA No. 189, 2013 the MINISTRY of FORESTRY. Settlement. Replace The Loss To The State. Not The Treasurer. Third Parties. Implementation Instructions.
REGULATION of the INDONESIAN MINISTRY of FORESTRY NUMBER p. 10/Menhut-II/1995 CONCERNING THE IMPLEMENTATION of the SETTLEMENT INSTRUCTIONS REPLACE the LOSS of the STATE AGAINST CIVIL SERVANTS RATHER THAN THIRD-PARTY TREASURER and the MINISTRY of FORESTRY in the NEIGHBORHOOD with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that it is based on the regulation of the Minister of forestry Number P. 37/Menhut-II/2008 has been designated the Minister of forestry Regulation regarding the implementation of the Settlement Instructions Through the demands of State Treasury Losses and demands compensation for the scope of the Ministry of forestry;
b. that with the change in nomenclature of the Ministry of forestry and the development of legislation, in particular regarding the completion of the State's Damages Against civil servants instead of Treasurer and a third party, then the Minister of forestry Regulation as referred to in letter a needs to be enhanced;
c. that based on considerations as referred to above, the Minister of forestry Regulation need to set about Implementing the completion Instructions the State Damages Against civil servants rather than third party treasurer and the Environment Ministry of forestry;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
3. Act No. 3 of 2004 concerning the examination of the management and Financial Responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400);
4. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011;
5. Regulation of the Chairman of the Financial Examiner number 3 in 2007 about the procedures for the settlement of Damages against State Treasurer;
6. Regulation of the Minister of finance Number 193/FMD. 01/2009 on the guidelines of the State Damages Settlement against the Treasurer in the Finance Department of the environment;
7. Regulation of the Minister of forestry Number p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2010 Number 405) as amended by regulation of the Minister of forestry Number P. 33/Menhut-II/2012 (news of the Republic of Indonesia year 2012 Number 779);
Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the DIRECTIONS of the IMPLEMENTATION of the SETTLEMENT of DAMAGES AGAINST CIVIL SERVANTS RATHER THAN THIRD-PARTY TREASURER and in the ENVIRONMENT of the MINISTRY of forestry.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. The losses the State is short of cash, securities, and real stuff and certainly in number as a result of tort either deliberately or negligent.
2. Completion of peaceful settlement is the loss of the State done faster by civil servants is not third-party Treasurer, who finished in cash at once or with the mengangsur for a period of not longer than 40 (forty) days for third parties and 24 (twenty-four) months for civil servants is not the Treasurer.
3. Demands further that Country Damages abbreviated TGKN is a process that is done to civil servants not Treasurer or any third party has committed the Act of breaking the law or negligence in performing the duties/obligations either directly or indirectly.
4. Neglecting the Obligation (Wansprestasi) is when a party is obligated to do something, with a warrant or with a single certificate or the like has been declared negligent, or if an Alliance itself provides that the party obliged it to be considered negligent with the passage of time.
5. Approval of the abolition of the lack of money in the calculation of the Treasurer is an approval granted by the Minister of finance in particular the Director General of the Treasury, to abolish money stolen, darkened, or missing outside errors/omissions Treasurer.
6. Civil servants are those who after fulfilling the requirements specified in the regulations, to be appointed by the competent authority and delegated tasks in an Office of the country or other country assignments was assigned based on a legislation that applies.
7. A third party is an employee that is a power of wages/top position of retirees who have ties with ministries and/or partners who carry out the work of the Ministry.
8. The absolute responsibility of the Affidavits hereinafter abbreviated to SKTJM is the certificate which States the ability and/or the recognition that those concerned were responsible for the loss of State happening and willing to indemnify the State in question.
9. Written statement is a Statement made by Labor wages, retirement and consciously Partners in good faith in connection with the completion of the country's losses through peaceful efforts, among others, contains a recognition of the existence of the losses the country that becomes the responsibility and the ability to compensate for the loss of that country, by mentioning the amount, manner and time of payment and are accompanied by a strong guarantee.
10. Expiry is the period of time that caused suicide of right to do the demands of Treasury/Indemnity Claims against perpetrators of State losses by not reducing the responsibilities of Treasurer/public servants in question to the State, according to civil law.
11. State-owned Goods hereinafter abbreviated BMN is all goods bought or obtained over the STATE BUDGET burden or derived from other legitimate earnings.
12. Registration Decree is a decree issued by a body of financial Examiners about the process of prosecution of cases of loss of State temporarily cannot continue.
13. The beneficiary is the person who replaced the position of heiress against a legacy with regard to the rights, obligations and responsibilities to partially or completely.
14. The decision of the imposition of punitive damages is the determination by the Minister of forestry in particular the Secretary-General's response to the amount of losses the country which must be returned to the State by civil servants not Treasurer which proved to result in losses of the State.
15. Conditional Removal is the removal of accounts receivable of State/Local Government/bookkeeping from areas without eliminating the right charged State/region.
16. The deletion of Absolutely is the removal of accounts receivable of State/Territory Government Center/bookkeeping area that waives Rights charged State/region.
5. Accounts receivable the country While not yet Billed hereinafter abbreviated PSBDT is accounts receivable State While not yet Billed as mentioned in the decision of the Minister of finance Number 300/KMK. 01/2002.
18. The appeal was an attempt to seek justice a higher rate after receipt of the decision letter of the imposition of punitive damages. 19. The Ministry is a Ministry of forestry;
20. The team's next State Loss Settlement abbreviated TPKN, is a team that handles the settlement of losses of State appointed by the Secretary-General on behalf of the Minister of forestry. 21. The Minister is the Minister of forestry.
22. The Secretary-General is General Secretary of the Ministry of forestry.
23. Officials of the Echelon I linked was Inspector General/Director General/Head of Agency scope of the Ministry of forestry.
24. The financial Bureau of the financial Bureau of the Secretariat-General is the Ministry of forestry.
25. The Bureau of the General Secretariat of the Bureau of the Public is the General of the Ministry of forestry.
26. The head of Office/unit of work is the Inspectorate General Secretary/Secretary/Secretary to the Directorate General of Agency/Director/Head/Bureau Chief and head of the Unit Executing the technical scope of the Ministry.
CHAPTER II SCOPE article 2 (1) of this regulation of the Minister as a guide the implementation of the State's damages settlement which includes: a. public servants Not Treasurer;
b. an employee who is a daily wage labor/personnel/top position of retirees who have ties to the Ministry; and/or c. Partners who carry out the work of the Ministry. (2) the Partners referred to in paragraph (2) Letter c is not included on the Permit holder's Efforts in the field of forestry.
(3) the loss of the State against civil servants rather than third-party treasurer and the Ministry of forestry in the environment as referred to in paragraph (1), based on the information about the losses of the State.
CHAPTER III INFORMATION Considered State LOSSES of information article 3 (1) information about the losses the country referred to article 2 paragraph (3) may be known from the results: a. Inspection Agency Financial Examiner of the Republic of Indonesia;
b. Oversight apparatus functional supervision; and/or c. supervision and/or direct supervisor notice of CIVIL SERVANTS or the head of Office/unit of work;
(2) the information referred to in subsection (1) serve as the basis for the head of the Office/Unit Work in conducting the follow-up to indemnify the State.
Article 4 (1) the information referred to in article 3, mandatory managed by their respective heads of Office/unit of work.
(2) every Head Office/Work Unit is obligated to examine whether the information received relating to the wealth of the State administered/into her responsibilities.
(3) in the case of information referred to paragraph (2) relates to the country's wealth is managed/become the responsibility, then head of the Office/Head Unit Work examining the mandatory return whether it would have been eligible for follow up in order to indemnify the State settlement process.
(4) in conducting the research as referred to in paragraph (3) Head Office/Work Unit to form an Ad Hoc Team to complete the country's losses that occurred in the Office/unit of Work is concerned.
(5) Ad Hoc Team referred to in paragraph (4) has the authority to conduct the data collection/information and verification of the loss of the head of Office/unit of work.
(6) research conducted by the Ad Hoc Team referred to in subsection (4) is poured in the form of Report research results/Examination intended to gain certainty regarding: a. magnitude of losses number/State;
b. the parties who should be responsible for the occurrence of the loss of the State; and c. the written evidence which can be accounted for to support grain a and b;
(7) the head of the Office/Work Unit reported the implementation of Ad Hoc Team referred to in paragraph (6) to the Minister with a copy to the TPKN and Echelon I for further processing.
The second part Completion Team Losses the country article 5 (1) to complete the country's damages against civil servants rather than third-party treasurer and in an environment of the Ministry of forestry, Secretary General on behalf of the Minister of the Environment Ministry TPKN form.
(2) TPKN as mentioned on paragraph (1) of the Member consists of Echelon I scope of Ministry and assisted the Secretariat. (3) helps TPKN Minister in the process of settlement of losses to the State.
Article 6 (1) in order to carry out the duties as stipulated in article 5 clause (1), the secretariat organized TPKN functions: a. the State losses case inventory is received;
b. count the number of losses to the State;
c. collect and verify evidence supporting that the perpetrators of the loss of State civil servants instead of Treasurer or any third party has been doing well in tort negligent or deliberately so that led to losses of State;
d. inventory property belongs to the perpetrator of a country losses can be used to guarantee the completion of the country's losses; e. the process of settlement of losses the country through SKTJM;
f. give consideration to the Secretary of State as a loss of decision-making in determining the imposition of damages the State level I; g. menatausahakan settlement of losses to the State, and h. delivered a settlement development report damages to the Secretary of State with the perforation to the Financial Examiner of the Republic of Indonesia.
(2) In organizing its functions, Members can coordinate with TPKN financial Bureau, one of the tasks and functions is setting up consideration and follow the implementation of the resolution of billing the State and damages in the Environment Ministry.
CHAPTER IV reporting, RESEARCH and Reporting is considered part of the EXAMINATION of article 7 (1) in terms of Research Results/Examination Report referred to in article 4 paragraph (6) resulted in losses to the State, either money or goods, then not later than 7 (seven) days after the event, the head of the Office/Work Unit reported the event to the Minister in particular the Secretary General.
(2) the report referred to in subsection (1) ditembuskan to: a. the Chairman of the Financial Examiner of the Republic of Indonesia (BPK-RI);
b. a Echelon I related Officials;
c. Bureau Chief of the Financial Secretary, as the General Secretariat TPKN; and d. the Secretariat-General of the General Bureau Chief (specific to Goods belonging to the State);
(3) the reporting referred to in subsection (1) is fitted over the supporting documents the events, at least equal to Report examination results/research.
(4) Head Office/Work Unit besides the report referred to in subsection (1), mandatory reporting to Officials of Echelon I question.
The second part of the study and examination of the Losses the country article 8 Research and examination of State Losses against civil servants Not Treasurer, head of the Office/Work Units take steps as follows: 1. The State against loss that include lack of money, securities, and other State-owned (BMN), head of the Office/Work Unit report to the local police at a time when it is known the existence of the incident or event and ask for the certificate examination results on the scene things (the SCENE);
2. Specific to the BMN, head of Office/unit of Work asked of Service Office a wealth of State and Auction (KPKNL) to establish the magnitude of the value of the losses of the State;
3. Ask the Inspector General to Central Agencies or head Unit Work on behalf of the Inspector General for the unit of Work in the region to conduct an examination of the occurrence of the loss of the State;
4. conduct research and examination of objectively and accurately to find the truth of the occurrence of events that resulted in losses of State; 5. Determine how and since when do acts that resulted in the loss of the State done;
6. Determine the position of the perpetrator as what and how the magnitude of the value of the losses suffered by the State;
7. Make a daily diary/working paper checks are supported with documents/data are complete and can be accounted for its validity as a manufacturing Report examination results that contain the following data: a. State loss occurrence;
b. name/NIP, rank and position of the offender/suspect involved (specifically for civil servants is not the Treasurer);
c. weighting element or error, negligence/forgetfulness of the respective actors involved (possibly there is the responsibility of the renteng); d. letter of recognition the principals involved/participate responsible;
e. the amount of losses the State is certain;
f. other information that can be used as consideration in resolving the country's losses.
8. Create and submit a report (LHP) Examination Results to the giver of the task within 7 (seven) working days after the completion of the examination and the perforation to: a. the Agency Financial Examiner RI;
b. the Minister in particular the Secretary General;
c. the Inspector General;
d. related I Echelon Officials;
e. Financial Bureau Chief;
f. Bureau Chief Staffing; and g. General Bureau Chief, (for the State).
The format of the report of the examination results as contained in Annex I to this Regulation.
9. Create/fill/answer a list of questions about the country's loss. The format of the Questionnaire as contained in annex II to this Regulation.
The third section Studies and examination of the State-owned Goods article 9 in terms of research and examination of the State-owned Goods (BMN), head of the Office/Unit Work in addition to take measures as referred to in article 8, then the head of the Office/unit of Work should also take a step step as follows: 1. Establish an Ad Hoc team to check the amount of missing items and assessing/estimating the price of the goods and to find out how many of the country's losses.
2. The appraisal/valuation of State-owned Goods price is missing, the Ad Hoc teams in order to ask a local to set quantity KPKNL value losses of the State.
3. Fill/answer a list of questions about the country's loss. The format of the list of questions about the losses of the State as listed in annex II to this Regulation.
The fourth part of the third party Examination and Research Article 10 when the State incurred losses made by a third party, the head of the Office/Work Units take measures referred to in article 8 except grains, and furthermore take steps as follows: 1. Conduct a discussion with a third party to resolve the country's peacefully Losses;
2. The results of the deliberations as the number 1 Letters poured in a written statement, and must be completed within a period of not longer than: a. 24 (twenty-four) months for Labor Wages/Retired civil servants; or b. 40 (forty) days for Partners who carry out the work of the Ministry.
3. In the event of the loss of the State above Rp 20,000,000.0.-(twenty million rupiah), then a written statement as mentioned on grain 2 letter b, shall be legalised by a notary public and the costs incurred are borne by a third party;
4. When in the deliberation referred to 1 grain can not be implemented, then the head of the Office/unit of Work proposed to the Minister through the Echelon I for the imposition of the imposition of the State Damages to third parties;
5. When the settlement through the imposition of the imposition of the State Damages just as grain 2 unenforceable, then head of the Office/Work Unit is obligated to perform billing and warning in writing (somasi) to the perpetrators of the country's losses as much as 3 (three) times in a row with a grace period of each thirty (30) working days;
6. When the settlement as mentioned on grain 3 could not be completed and/or have difficulty in charge/handling, then head of the Office/Head Unit Work to submit to the head of KPKNL;
7. The submission of cases of Loss of State Power for Wages/Retired civil servants to KPKNL accompanied documents: a. the report examination results/research;
b. a written Statement;
c. Somasi Letter as much as 3 times in a row; and/or d. Supporting documents required.
8. The submission of cases of Loss of State for an Partners carry out the work of the Ministry, accompanied by the following documents: a. the report research results/Collation;
b. a written Statement and/or imposition of Damages State;
c. Somasi Letter as much as 3 times in a row;
d. the agreement/contract/employment/putusan a court warrant that has a magnitude of law and/or other documents which prove the existence of accounts receivable; e. evidence of bills and/or other documents which can prove the magnitude of accounts receivable;
f. Documents associated with warranties and pembebanannya;
g. correspondence between penyerah accounts receivable and the insurer's debt and/or guarantor of the debt relating to the efforts that have been undertaken in the framework of debt settlement; and h. Nominative List that contains identity information among others debt insurer includes name, address, the rest of the debt and the date of the onset of the debt.
Chapter V the COMPLETION State of the Union DAMAGES in tort the law of article 11 (1) in the case of the report the results of the examination referred to in article 8 number 3 conducted by the Inspectorate General and/or on behalf of the Inspectorate General of: a. Proved there is a tort in negligence or intentionally, TPKN issued a letter to the head of Office/Unit Work to process settlement damages the country.
b. Not proven tort either deliberately or negligent, Secretary General on behalf of the Minister ordered TPKN to erase losses and pull out of the State in question from the list of losses of State ministries.
(2) the TPKN intervene as in paragraph (2) letter a through-Echelon unit I/Work Unit concerned no later than 7 (seven) days after receipt of the letter from the Inspectorate General and/or on behalf of the Inspectorate General.
(3) the process of the loss of the State referred to in paragraph (2), the head of the Office/Work Unit ordered that civil servants are not the Treasurer who did harm those countries willing to create/complete and sign a Certificate of liability absolute (SKTJM).
(4) in the event of civil servants is not the Treasurer is the head of the Office/Work Unit, Inspectorate General ordered that the head of the Office/Work Units that do harm those countries willing to create/complete and sign a Certificate of liability absolute (SKTJM).
The second part of The Settlement through the absolute responsibility of the Affidavits article 12 SKTJM referred to in article 11 paragraph (3) the longest settlement period of 24 (twenty four) months.
Article 13 (1) the terms of making SKTJM includes: a. made knowingly without force.
b. load a recognition of wrong or missing, and the promise of the ability/concerned to pay back losses of the country with the installment. c. contain a time limit for any installment of the country i.e. must not exceed 24 (twenty-four) months.
d. contains a definite amount of money for any country that became the responsibility of the employees concerned.
e. contains the magnitude of a loss equal to the number of countries that appear in the report of the results of the study/examination or its value is equal to the amount stated in the Valuation price of Event News published by KPKNL.
f. made a duplicate of at least 4 (four), labelled a sufficient postage labels, signed by the concerned Employees and two witnesses as well as known by the head of Office/Chief of Unit work.
g. contains a guarantee in the form of employee wealth is concerned, and the guarantee of the goods is not a goods which are in dispute, the burden of the Bank or in a State of hypotik sita guarantee (conservatoir beslag) and accompanied by a power of attorney to sell the collateral that is strengthened/before the Notary.
h. in the event that SKTJM contains the guarantee of land must be accompanied by a certificate of land ownership rights as native, and left to the head of Office/unit of work, accompanied by a power of Attorney from landholdings to sell the land and the power of Attorney sufficient postage labels emblazoned. The value of the land is determined by a number of Committee members gasal and consists of the authorized agencies by creating a News event.
i. Collateral in the form of goods worth its value determined by the organizers, the magnitude of a minimum equal to the losses of the State and security for valuables so that accompanied a letter of authority to sell warranties and such power of Attorney submitted to Head Office/Head Unit work.
j. Guarantee the goods in the form of the original land certificates, other valuables deposited by the head of Office/Chief of Unit Work in a safe, among other Brandkas, banks and so on.
k. the magnitude of the value of the collateral in the form of wealth either land or other valuable goods, at least equal to the magnitude of the loss to the countries listed in the SKTJM.
(2) SKTJM that have been signed, delivered with conditions: a. the first Sheet, head of Office/unit of Work in which the country's losses occurred;
b. the second Sheet of the financial Bureau, Secretariat-General;
c. the third Sheet, the leadership Echelon Unit I in question; and d. the fourth, TPKN Sheet.
SKTJM format as contained in Appendix III to this Regulation.
Article 14 (1) in the event of civil servants is not the Treasurer signed SKTJM, which concerned compulsory handing over collateral whose value is at least equal to the amount of State losses to the head of Office/unit of Work on behalf of TPKN in the form of the original document in the form of: a. the submission of a letter of guarantee, the guarantee Letter Submission format as contained in Appendix IV to this Regulation.
b. proof of possession of the goods and/or other wealth on behalf of civil servants is not the Treasurer; and c. the power of attorney to sell and/or dilute the goods and/or other wealth of civil servants is not the Treasurer, the Format of the power of attorney to sell and/or dilute the goods and/or other wealth as contained in Annex V to this Regulation.
(2) head office/work Unit for and on behalf of the original document save TPKN as referred to in paragraph (1) and is responsible for the documents that are kept. (3) SKTJM which has been signed by civil servants is not the Treasurer cannot be withdrawn.
(4) in the event of civil servants is not the Treasurer has made SKTJM, it is given the opportunity to propose self-defense/objection.
Article 15 settlement of losses of State Ordinance committed by civil servants Not Treasurer through SKTJM as follows: a. Return the State losses made in cash at least 24 (twenty-four) months from SKTJM is signed;
b. in the framework of the implementation of SKTJM, civil servants are not the Treasurer can sell and/or disburse wealth warranted after approval and under the supervision of TPKN;
c. the results of sales and or the disbursement of wealth as intended the letter b in the setorkan next to the State Treasury;
d. in terms of supervision cannot be implemented by TPKN, TPKN can ask the head of the Office/Work Unit for and on behalf of TPKN oversees sales and or the disbursement of wealth;
Article 16 of the Ordinance the remittance indemnify the State Treasurer is not civil servants as stipulated in article 15 of the letter c with provisions: a. using the Deposit Receipt Letter blanko Country instead of taxes (SSBP);
b. outlined for the payment of losses of State among other name actors, work unit, setorannya, type of nominal losses of the State; and c. include code Number 423921 FOLDER and lists the Work Unit code respectively.
Article 17 (1) in the event of civil servants is not the Treasurer has indemnify the State, Secretary General on behalf of the Minister issued a letter of recommendation to the case in order for State losses TPKN kicked off the list of State losses;
(2) the Expenses list the State losses referred to in paragraph (1), the Secretary-General conveyed to the Minister on behalf of the CPC-RI with copy to the Directorate General of the wealth of the State Ministry of finance;
(3) in the event that the obligations of civil servants is not the Treasurer to compensate for the loss of the State done the other party, its implementation was done as done by pengampu/acquire rights/beneficiary.
The third part Liability Head Office/unit of Employment Article 18 the Head Office/Work Unit is obligated to supervise, monitor and report on the implementation of the resolution through SKTJM or through a written Affidavit to State to indemnify TPKN.
Article 19 the head of Office/Unit Work in addition to oversee, monitor and report as in chapter 18, also propose to the Echelon I concerned that: a. against the civil servants concerned may be subjected to Treasurer Not sanction administrative staffing based on weighted error state loss offender in accordance with the Regulations;
b. Against civil servants rather than the Treasurer does not implement SKTJM, head of Office/unit of Work proposed imposition of the imposition of the State level 1 Damages to the perpetrators of the country's losses to the Minister through the Echelon I question.
c. within 7 (seven) days since the SKTJM not obtained and/or referred to in the letter b, then head of the Office/Work Unit is obligated to report to TPKN and officials of Echelon I for the imposition of the imposition of Damages the country level 1.
Article 20 (1) Head Office/Work Unit asked the Inspector General for Central Agencies or head Unit Work on behalf of the Inspector General for the unit of Work in the region to conduct an examination of the occurrence of the loss of the country.
(2) in the event of the loss of the State done by Head offices/units of Work in the area, the inspection conducted by the Inspectorate General.
Article 21 (1) Head Office/Work Units are obligated to implement the administering State losses case files that are on the unit it works in an orderly, regular and chronologically;
(2) Head Office/Work Unit places the occurrence of losses the State is obligated to: a. create a list of Losses of State ;
b. Noting the development of the tindaklanjut settlement of the loss of the country in the list referred to in the grain of a, above and to report to TPKN with copy of Echelon I and Financial Bureau; c. Noting and reporting in accordance with Government accounting standards; and d. store and secure all files/documents, letters and other evidence related to the events which caused the loss of the country.
Article 22 the Head Office/Work Unit report development of settlement of losses the country periodically in the form of monthly reports and quarterly reports to the Minister through the Echelon I related.
Article 23 the imposition of Damages (GKN) the first level can be imposed on civil servants not Treasurer when: a. completion of peace efforts with the country losses/SKTJM can not be implemented;
b. have been conducted but there is still residual losses to the State; and/or c. SKTJM have been due, as well as the guarantee has been executed but there is still the rest of the country's losses.
Article 24 (1) of civil servants is not the Treasurer does not implement SKTJM, conducted the prosecution process damages the country by Minister Secretary General of the Cq.
(2) the prosecution referred to in subsection (1) be filed by the head of Office/unit of Work to the Minister through TPKN and effluent Echelon I related.
(3) in the event of civil servants is not the Treasurer does not implement SKTJM is the head of Office/unit of Work, then the prosecution in ask by the Inspectorate General of Finance Bureau proposal based on the Secretariat-General.
The fourth section of the checkout process by a team of State Losses Settlement Article 25 TPKN after receiving reports of the events referred to in Article 24 paragraph (2) and (3), the next Secretary TPKN convey advice considerations to the Secretary General on behalf of the Minister of the Decision to establish the imposition of Damages the country level 1.
Article 26 in the event of civil servants is not the Treasurer has indemnify country as stipulated in article 5 clause (1), the head of Office/unit of Work on behalf of TPKN returns evidence of ownership of the goods and the power of attorney to sell.
Article 27 (1) in the framework of the implementation of SKTJM, civil servants are not the Treasurer can sell and/or disburse the pledged property as referred to in article 14, after obtaining the consent of TPKN.
(2) head office/unit of Work on behalf of TPKN oversees sales and or the disbursement of wealth.
Article 28 the procedures for the sale of goods the guarantee referred to in article 27 paragraph (1) as follows: a. one month before the due SKTJM, head of Office/unit of Work provide an opportunity to the perpetrators of the country's Losses to find buyers; b. implementation of the guarantee sale of goods transaction performed in the Office/work Unit that stores letter of guarantee;
c. when the perpetrators of the Losses the country cannot find a buyer within the time limit specified, head of Office/unit of Work process implementation of the sale of goods by way of auction guarantees through Service Office a wealth of State and Auction (KPKNL);
d. the auction/sale of goods the guarantee referred to in point c, conducted by a team consisting of at least three (3) persons designated by the head of Office/unit of work; e. results of the auction sale of the collateral is deposited into the State Treasury;
f. in the event of sale of the goods guarantees the result exceeds the losses listed in SKTJM, then the remainder is returned to the owner of the goods.
Article 29 TPKN reported the results to the Secretary of State losses settlement Cq General Secretary no later than 7 (seven) days from receiving the report of the head of Office/unit of work.
The fifth part of Echelon I article 30 Obligation after receiving reports of loss events unit of Work referred to in Article 7 letter b, the next Echelon I take the following measures: 1. Do your research reports the completeness of the events that resulted in losses to the State.
2. Submit a report to the Secretary General Sektretaris in particular with copy that accompanied the Inspector General documents, format documents, as listed in Annex VI to this Regulation.
3. Assign the head of the Department of finance and other Public/Official appointed to menatausahakan the resolution of the country's losses.
4. the head of the Department of finance and General/other officials designated compulsory: a. create a list of Losses of State based on the report of the leadership of the organizational units that are underneath it as a means of monitoring; b. Noting the development follow-up resolution of the country's losses on the basis of the follow-up reports; and c. Deliver the list to the State Bureau of Financial Losses.
5. conduct research and assessment of the proposed TGKN of the head of Office/unit of Work and report the inspection results to the Minister in particular the Secretary-general with copies of the Inspector General.
6. Proposes the imposition of Demands to the Secretary of State's Damages in particular the Secretary-General, in resolution of the country's peace efforts with loss/SKTJM can not be implemented and/or have been conducted but there is still residual losses of State and/or SKTJM has been maturing and guarantees has been executed but there is still the rest of the country's losses.
7. Provide advice to the Minister in particular consideration of the Secretary-General's proposals for top Echelon I/Head Unit Work underneath for civil servants is not the Treasurer to be submitted to the courts of the country in terms of cases of loss of State that meet the elements of criminal corruption.
8. Make the effort accelerated installment settlement loss/State and results are reported each month to the Minister in particular the Secretary General with a copy to the Inspector General, with a report Format as contained in Appendix VI to this Regulation.
The sixth part of the process at the Ministry of forestry article 31 after receiving reports of the events referred to in Article 30-2 and 6, in particular the Minister Secretary General taking steps by doing research and assessment over the proposal, along with its furnishings.
Article 32 in respect of the results of research and assessment referred to in article 31 has been eligible for the imposition of the decision Damages the imposition of State level 1, Secretary General on behalf of the Minister publishes a Notice to the demands of the question.
Article 33 (1) the notice of the requirement as stipulated in article 32, submitted to the concerned through the Head Office/Work Unit, with copy to the Echelon I related.
(2) head office/unit of Work referred to in subsection (1) must deliver the notice Demands to question and ask the question to sign the receipt.
Article 34 in terms of civil servants Not Treasurer under the pardon/misadventure remains/escape/died, then head of the Office/Work Unit or Inspectorate General of convey the notice Demands to obtain rights pengampu//heirs with an accompanying receipt.
Article 35 the receipt as stipulated in article 34 submitted to the Minister by the head of Office/unit of work or Inspectorate General of at least 3 (three) working days since receipt of the civil servants Not Treasurer/pengampu/acquire rights/beneficiary.
Article 36 public servants Not Treasurer/pengampu/acquire rights/heirs can file objections over Demands to the Secretary Notice in particular the Secretary-General of 14 (fourteen) working days from the date of receipt of the notice of the requirement specified on the receipt with the CPC CC-RI and Echelon I question. The format of the notification letter demands, with the Format as contained in VII.
Article 37 the Secretary-General on behalf of the Minister to publish the decision Damages the imposition of State level 1 (KPGKN TK 1), if: a. the civil servants are not the Treasurer not willing make/sign SKTJM;
b. the period for filing objections has been exceeded and the civil servants is not the Treasurer did not file an objection; c. civil servants not the Treasurer submits objections but rejected; and/or d. has exceeded the time period of 24 (twenty-four) months from SKTJM but the country losses signed have not been replaced completely.
Article 38 the head of Office/unit of work must convey KPGKN TK 1 to civil servants Not Treasurer/pengampu/acquire rights/heirs and appealed to civil servants Not Treasurer/pengampu/acquire rights/beneficiary to sign the receipt.
Article 39 in terms of civil servants is not the Treasurer has paid restitution to the State, then the property that had been confiscated was returned to the question.
Article 40 (1) KPGKN TK 1 as referred to in article 37 are final, and had the force of law for the implementation of sita's execution and have preceded.
(2) KPGKN TK 1 by the Secretary-General on behalf of the Minister of the period of validity period of 24 (twenty-four) months, Format the decision Damages the imposition of State level 1 as contained in Annex VIII to this Regulation.
Article 41 the Minister handed over the management of the accounts receivable to the Committee for the Affairs of the State of the accounts receivable (PUPN) in accordance with the arrangements to be made in the field of management of accounts receivable of State, if: a. for a period of 7 (seven) days after the due KPGKN TK 1/has been exceeded and civil servants are not the Treasurer does not indemnify the State; and/or
b. it is evident that civil servants are not the Treasurer do in tort nor negligent, but when the status of a civil servant is not the Treasurer have been dismissed with disrespect as CIVIL SERVANTS and still has an obligation to restore the country's losses in a period of 7 (seven) days after receipt of the letter of Dismissal as civil servants, civil servants are not the Treasurer does not indemnify the State in cash.
Article 42 (1) if the Servant is not the Treasurer does not have a property for sale or sale proceeds are insufficient to State indemnity, then head of the Office/Work Unit in question sought a refund of the losses the country through cuts of at least 50% (fifty percent) of the revenue each month until it is paid off.
(2) if the Servant is not the Treasurer retired, then in the decision letter of Termination payments (SKPP) noted that the concerned still had debts to the State and the insurance and pension Savings (Taspen) that becomes the right of civil servants is not the Treasurer can be taken into account to compensate for the loss of the country.
The seventh part Demands Compensation based on the responsibility of the Renteng of article 43 (1) the case of the loss of the State done by some civil servants are not the Treasurer may incur responsibility based on TGKN renteng. (2) the process of prosecution settlement redress with the responsibility of renteng telebih first solved amicably.
Article 44 (1) the burden of responsibility is based on his little big renteng errors/omissions each employee concerned.
(2) to determine the seriousness of the huge responsibility of each employee needs to be done carefully and objectively study based on data as well as the actual facts among others: a. News of the proceedings.
b. the evidence of payment.
c. Recognition/written statement of each of the employees in question at the time of the inspection; and d. any other Instructions/information relating to the case.
(3) based on the results of the above research, set the magnitude of State indemnities to be paid/reimbursed by each employee concerned having regard to: a. the Weights the error based on the tally for any nation.
b. error Weighting based on responsibility.
The eighth part of the Settlement because of the Expiration of article 45 (1) the obligation of civil servants is not the Treasurer, to pay compensation, be it expires if within 5 (five) years since he knew the loss of those countries or within 8 (eight) years from the occurrence of the loss of the State done no indemnity against prosecution.
(2) the responsibilities of the beneficiary, pengampu, or other parties who acquire rights of civil servants is not the Treasurer be delete in 3 (three) years has elapsed since a court decision establishing the civil service not to pardon the Treasurer, or other officials, or the corresponding known since fled or died is not notified by the competent authority of the country's losses.
The ninth part of a settlement based on the criminal law Article 46 Loss the country besides resolved according to regulation of the Minister of forestry, also can be completed based on the provisions of criminal law in the State losses in the case of civil servants deeds not the Treasurer and/or third parties meet criminal elements.
Article 47 Against the deeds of civil servants is not the Treasurer and/or third parties meet criminal elements as stipulated in article 46, then head of the Office/Work Units take steps settlement efforts as follows: a. If the loss in an event the State contain elements of a criminal offence, then the head of the Office/Unit in its report stated the existence of mandatory elements of the criminal offence, the matter to the State Attorney's submission were conducted after receiving instructions from the Minister of forestry cq the head of law firm and organization of the Ministry of forestry.
b. monitor the development of the settlement of that case, and report the results to the Minister of forestry Secretary General up through the Echelons I concerned with attaching: 1) the verdict of the Court;
2) execution of court rulings, include: a) the value of goods that are forfeited to the State;
b) fines, payment of money substitutes; and/or c) other penalties which may be assessed with the money.
c. the report as the letter b tembusannya: 1) submitted to the Inspector General;
2) head of the law firm and organization;
3 Financial Bureau Chief), and;
4) Direct Supervisor Head Office/Work Unit concerned.
CHAPTER VI Article 48 STATE LOSSES ELIMINATION when there are cases of loss of State that is experiencing difficulties in the charge/handling, head of the Office/Work Unit is obligated to perform billing and warning in writing (somasi) to the perpetrators of the country's losses as much as 3 (three) times in a row with a grace period of each thirty (30) working days.
Article 49 in terms of billing and warning in writing (somasi) is not followed by the perpetrators of the country's losses as referred to in article 48, then head of the Office/Work Unit submit loss country who experience difficulties in charge/responses in writing to the Committee for the Affairs of the State of the accounts receivable (PUPN) Branch through local KPKNL.
Article 50 the submission of cases of loss of State as referred to in article 49, is done in the case of the loss of State in categories: a. Expiration;
b. the offender has died;
c. the perpetrators fled;
d. the offender under the pardon (kuratil);
e. the offender cannot afford in terms of its economy; and/or f. Perpetrator unknown address.
Article 51 the Head Office/Work Unit in case of loss the country bestows stuck to the PUPN/KPKNL as referred to in article 49, is equipped with the following documents: a. Reports a loss the State by the head of Office/unit of work;
b. Absolute Liability Certificate (SKTJM);
c. the notice from the Minister;
d. the decision letter of the imposition of the State's Damages (SKPGKN) specified by the Minister;
e. Letter of appeal;
f. the examination papers; and g. correspondence between Penyerah accounts receivable by the insurer's debt related to billing business (warning letter I, II and III).
Article 52 the Head Office/Work Unit after getting approval from the PUPN removal/approval form KPKNL Receivables of the State for a while yet to Be Invoiced (PSBDT), then immediately proposed the removal of the Conditional to the Minister in particular the Secretary General with attached with the following documents: a. the Nominative List;
Article 53 Nominative Lists include information at least: a. the identity of the Insurer's debt that includes name and address;
b. the remaining debts of each Insurer's debt that will be written off;
c. the date of occurrence of the credit/debt Agreement, the due date is stated, and the jam/date of submission of management of accounts receivable to PUPN Branch;
d. the date expressed as PSBDT by PUPN, accounts receivable of the company in terms of country/Area has been declared as a PSBDT, or the date of approval of the withdrawal of the management and accounts receivable management statement completion date from the PUPN Branch in terms of the management of accounts receivable the company's country/region has been pulled from the PUPN Branch; and e. a description of the existence of the Debt and the ability of the insurer, the existence and condition of goods warranty and/or other related information.
Article 54 (1) After the Minister received the Secretary-General's proposals in particular the removal of the Conditional from the head of Office/unit of Work, then examines the completeness of the documents intended for further processing.
(2) when the required documents have been fully, in particular the Minister Secretary General of the country's loss to file a case next to the BPK-RI to get recommendations.
(3) based on the recommendations of CPC-RI, Secretary General on behalf of the Minister proposing the deletion of conditional to the Director General of the Finance Ministry of the country's wealth.
Article 55 (1) and in particular the Minister Secretary General after receiving conditional Deletion Decision from the Director General of the wealth of the State Ministry of finance, delivered the decision to the head of Office/unit of Work is concerned, further cases of loss of State in question removed from list of losses of State the scope of the Ministry.
(2) with the admissibility decision of conditional Removal referred to in subsection (1), the head of Office/unit of Work still remains to seek billing to the perpetrators of the country's losses before the deletion decision is defined absolutely.
Article 56 the deletion Proposal absolutely for losses to the State, may be submitted by the head of Office/unit of Work After passing a 2 (two) years since the setting of Conditional Removal and submitted in writing to the Minister in particular the Secretary General with the enclosed documents at a minimum: a. the Nominative list of the insurer's debt;
b. letter of Conditional upon the removal of the Assignment of receivables which are proposed to be abolished in absolute; and c. the certificate from the competent authority/authorities stated that the insurer's debt does not have the ability to pay off its obligations.
CHAPTER VII miscellaneous PROVISIONS Article 57 (1) in the event of demonstrable that over a certain amount of money has been deposited to the account of the State Treasury as payment of the losses of the State turned out to be bigger than that should have deposited, the offender concerned Losses/pengampu/heirs or those who acquired the rights to the relics, can apply for a refund of the excess bills that had been deposited into the account of the State Treasury through procedures in accordance with the provisions of the legislation.
(2) Head Office/Work Units that participated signed SKTJM and dereliction of duty in a country so that the loss of wealth rescue the country could not be completed on time, it can be judged as not being responsible to the interests of the country and be penalized in accordance with the provisions of the legislation.
(3) Each State losses caused by unlawful acts or omissions of a person should be immediately resolved in accordance with the provisions of the legislation.
(4) civil servant not the Treasurer, or other officials since the acts of violation of the law or dereliction of duty charged to him directly harming the country, mandatory financial replaces the losses.
Article 60 the Elimination of Inventory Property/wealth of the country is carried out in accordance with the legislation.
Article 61 For civil servants who is not an employee of the Ministry that did the loss of State funding sources Ministry, then the procedures of settlement of losses of State refers to these regulations and all mandatory issues presented in institutions is concerned.
Article 62 the Secretary-General reported cases of loss of State scope of Ministry to the body of the Financial Examiner (BPK-RI) each quarter.
CHAPTER VIII TRANSITIONAL PROVISIONS Article 63 of this regulation set in then: 1. the Decree Against the imposition of Compensation level I which have been published in the stated remains valid as the imposition of Damages Decision the State level I and further customize with this rule.
2. Against the loss of the State referred to in article 8 2 figures that have set the magnitude of value loss Settlement Team Losses the State by State.
CHAPTER IX PROVISIONS COVER Article 64 at the time of this Ministerial Regulation comes into force, then the regulation of the Minister of forestry Number P. 37/Menhut-II/2008 Guidelines Resolution about the loss of the country Through Perbendaharan Claims and demands compensation for the scope of the Forestry Department, revoked and declared inapplicable.
Article 65 Regulations the Minister of forestry began to take effect on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of regulations the Minister of forestry is with its placement in the news of the Republic of Indonesia.
Established in Jakarta on January 30, 2013, the INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN Enacted in Jakarta on February 4, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn189-2013 fnFooter ();
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