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Regulation Of The Minister Of Forestry Number P.4/menhut-Ii/2013 2013

Original Language Title: Peraturan Menteri Kehutanan Nomor P.4/MENHUT-II/2013 Tahun 2013

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a
on 21 January 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN


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STATE NEWS
REPUBLIC OF INDONESIA

No. 119, 2013 MINISTRY OF FORESTRY. Stock Release/Sales. IT ' S WRONG. The Forest Of The Joint Venture Industry. Cara, Change.

REPUBLIC OF INDONESIA FORESTRY MINISTER REGULATION
NUMBER P. 4/Menhut-II/2013
ABOUT
THE SECOND CHANGE OF THE FORESTRY MINISTER 'S DECISION NUMBER SK.256/MENHUT-II/2004 ON THE TERMS AND REQUIREMENTS OF THE COUNTRY' S SHARE OF THE COUNTRY ' S SHARE OF VENTURE ENTITIES ON
JOINT INDUSTRIAL PLANT FOREST COMPANY

BY THE GRACE OF THE ALMIGHTY GOD
MINISTER OF FORESTRY REPUBLIC OF INDONESIA,

Weigh: a.  that under the Decree of the Minister of Forestry Number SK.256/Menhut-II/2004 as amended with the Regulation of the Minister of Forestry Number P. 20/Menhut-II/2006, it has set the order and deliver/sale requirements of the state-owned enterprise on a joint industrial plant forest company;
B.  that to further accelerate the stock switch mechanism, then it needs to establish the Minister of Forestry Regulation on the Second Amendment to the Decree of the Minister of Forestry Number SK.256/Menhut-II/2004 On the Tata Cara and the Stock Sales Requirements/Sales Requirements The State-owned Venture Agency Of The Joint Venture Industry Forest Company;

Given: 1.   Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 Number 167, Additional Gazette of the Republic of Indonesia No. 3888), as amended by Law No. 19 of 2004 on Redemption Rule Number 1 of the Year 2004 Act on Change of Law Number 41 Year 1999 on Forestry being the Invite-Invite (State Sheet of the Republic of Indonesia 2004 No. 86, Additional Gazette of the Republic of the Republic of Indonesia Indonesia Number 4412);
2. Government Regulation No. 6 Year 2007 on Tata Forest and Drafting Forest Management Plan, as well as Forest utilization (Republic of Indonesia Gazette 2007 No. 22, Additional Gazette Republic of Indonesia Number 4696), as has been amended by Government Regulation No. 3 of 2008 (State Gazette of the Republic of Indonesia 2008 No. 16, Additional Gazette of the Republic of Indonesia No. 4814);
3. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State of the Republic of Indonesia as amended last with the Presidential Regulation Number 91 of 2011;
4. Presidential Regulation No. 24 Year 2010 on Occupation, Duty, Ministry of State Functions and Organizational Organisations, duties and Functions of Eselon I Ministry of State of the Republic of Indonesia as amended last with the Presidential Regulation Number 92 2011:
5. 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;
6. 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:

establish: FORESTRY MINISTER REGULATION ON THE SECOND CHANGE IN THE DECISION OF THE MINISTER OF FORESTRY NUMBER SK.256/MENHUT-II/2004 ON THE TERMS AND REQUIREMENTS OF THE COUNTRY ' S SHARE OF THE SHARES OF THE STATE OF THE FOREST COMPANY PLANT INDUSTRIAL JOINT.

Article I
Some of the provisions in the Decree of the Forestry Minister Number SK. 256 /Menhut-II/2004 on Tata Cara and State-owned Enterprises Stock Release Requirements On the Patungan Industrial Plant Forest Company, amended as follows:
1. The provisions of Article 4 paragraph (2) are changed, and plus 1 (one) new paragraph, the paragraph (3), thus reads as follows:
Section 4
(2) The request as referred to in paragraph (1), comes with the following requirements:
a. The decision of the Shareholders General Meeting (RUPS) of BUMN that already obtained the approval of the Acting Officer by the Minister of Finance;
B. RUPS decision of HTI Patungan company;
C. A stock selling value deal between the BUMN with a prospective stock buyer, whose stock rating may be carried out by a Public Accountant or an independent consultant appointed by the authorized official;
D. In terms of release/sale of BUMN shares in HTI Patungan companies does not result in a pure private or stock composition unchanged to be 100% pure private, provided a statement letter from the company HTI Patungan made notariil which contains that it is capable of carrying out unfulfilled obligations to the Ministry of Forestry and able to pay for the refund obligations of the Rebozation Fund in accordance with applicable credit agreements; and
e. In terms of the release/sale of BUMN shares in HTI Patungan companies resulting in a pure private or stock composition changed from the joint to 100% pure private, supplemented by a statement letter from the HTI Patungan company created by The notariil is able to carry out the unfulfilled obligations to the Ministry of Forestry and be able to pay the payment of the refund obligations of DR with the bank of the warranty issued by the Government Bank. in accordance with the amount of refund obligations of DR ' s loan and may be liqueled after get the Secretary of Forestry approval.
(3) Storage and monitoring of the warranty bank as referred to in paragraph (2) letter e, carried out by the Secretary General of the Ministry of Forestry c.q. Finance Bureau of the Secretariat General of the Ministry of Forestry.
2. The provisions of Section 9 are amended, so that the entirety of Article 9 reads as follows:
Section 9
(1) The bank of the warranty bank as referred to in Article 4 of the paragraph (2) of the letter e, performed by the Secretary General c.q. of the Financial Bureau.
(2) The manner of the manner in which the return of the loan return of the DR result is further regulated by the General Secretary's Regulation.
3. The provisions of Article 10 are amended, so that the entirety of Article 10 reads as follows:
Section 10
The BUMN stock release request for HTI Patungan companies submitted prior to the enactment of this Regulation, is equipped and tailored to the requirements according to this Regulation.

Article II
The Forest Minister ' s regulations come into effect on the date of the promulctest.

So that everyone knows it, instrucits the Ordinance of the Minister of Forestry Ordinance with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on January 17, 2013
FORESTRY MINISTER
REPUBLIC OF INDONESIA,

ZULKIFLI HASAN


It is promulred in Jakart