Government Regulation Number 88 By 2013

Original Language Title: Peraturan Pemerintah Nomor 88 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f60b9ee909dc4313232303533.html

LN240 -2013 _ 5483_pp088-2013. doc STATE GAZETTE of REPUBLIC of INDONESIA No. 240,2013 KESRA. Social Security. BPJS. Administrative Sanctions. The Ordinance. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5483) REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 88 2013 of IMPOSITION of an ADMINISTRATIVE SANCTION PROCEDURES for MEMBERS of the BOARD of TRUSTEES and MEMBER of the BOARD of DIRECTORS of SOCIAL SECURITY GOVERNING BODY with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 53 paragraph (4) of Act No. 24 of 2011 on social security governing body, needs to establish government regulation about the imposition of an administrative Sanction Procedures for members of the Board of Trustees and member of the Board of Directors of social security governing body; Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945; 2. Law Number 24 year 2011 about social security governing body (State Gazette of the Republic of Indonesia Number 116 in 2011, an additional Sheet of the Republic of Indonesia Number 5256). www.djpp.kemenkumham.go.id 2013, no. 240 2 decide: define: GOVERNMENT REGULATIONS CONCERNING THE IMPOSITION of an ADMINISTRATIVE SANCTION PROCEDURES for MEMBERS of the BOARD of TRUSTEES and MEMBER of the BOARD of DIRECTORS of the AGENCY ORGANIZER of social security. CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. The National Social Security Council hereinafter abbreviated to DJSN is a Board that serves to assist the President in the formulation of public policies and synchronization of organizing a national social security system. 2. Social Security governing body hereinafter abbreviated BPJS is a legal entity formed to organise the social security program. 3. The Board of Trustees is the organ in charge of doing the BPJS supervision over the implementation of the management of the BPJS by directors and provide advice to the Board of Directors in the conduct of the social security program. 4. The Board of Directors is the organ of the BPJS authorities and are fully responsible for maintaining the interest of BPJS BPJS, in accordance with the principle, purpose, and principles, as well as representing the BPJS BPJS both inside and outside the Court, in accordance with the provisions of Act No. 24 of 2011 governing body about social security. Article 2 members of the Board of Trustees or Board of Directors is prohibited: a. family ties up to the third degree deals deals Board of Trustees, Board of Directors, and the Board of Trustees and deals Board of Directors; b. have a business that has linkages with the Organization of social security; c. doing despicable; www.djpp.kemenkumham.go.id 2013, no. 240 3 d. concurrently served as a member of a political party, organization or community administrators of social organizations or non-governmental organizations associated with the social security program, structural and functional officials at government agencies, officials at the business entities and other legal entities; e. making or taking decisions which contain elements of conflict of interest; and/or f. founded or have all or part of a business entity that is related to the social security program. CHAPTER II ADMINISTRATIVE SANCTIONS the imposition of Administrative Sanctions is considered Part of article 3 (1) the members of the Board of Trustees or Board members who violate the provisions of the prohibition referred to in article 2 subject to administrative sanctions. (2) administrative Sanctions referred to in paragraph (1) in the form of: a. a written warning; b. suspension; and/or c. dismissal remains. (3) administrative Sanctions referred to in paragraph (2) letter a is by: a. Minister of Government Affairs which organizes in health for violations committed by members of the Board of Trustees or Board of Directors Health BPJS; or b. the Minister who organized a Government Affairs in the field of employment for violations committed by members of the Board of Trustees or Board of Directors Employment BPJS. (4) administrative Sanctions referred to in paragraph (2) Letter c and the letter b is the President, having regard to consideration of the Minister referred to in subsection (3). www.djpp.kemenkumham.go.id 2013, no. 240 4 part two the imposition of an administrative Sanction Procedures Paragraph 1 the report of an alleged violation of article 4 of the alleged breach of the provisions of the prohibition referred to in article 2 is happening based on the reports that come from: a. the complaint; and b. the follow-up results of supervision. Article 5 (1) a report based on a complaint as referred to in article 4 letter a may be made by the citizens of the community, both individuals and groups, or institutions to DJSN. (2) the report referred to in subsection (1), submitted in writing, containing at least: a. the name and address of the complaining party; b. the name, title, and complete address of the parties complained of; c. the acts that are alleged to infringe the prohibition referred to in article 2; and d. a description that contains facts, data, or instructions violations. (3) DJSN mandatory guarantee the confidentiality of the identity of the complainant as referred to in paragraph (2) letter a, except for the purposes of law enforcement. Article 6 (1) of the report as a follow-up to the results of the surveillance referred to in article 4 of the letter b can be done by an independent watchdog. (2) the report referred to in article 4 of the letter b was delivered to DJSN. Article 7 (1) DJSN upon receipt of a report referred to in article 6 paragraph (2), formed a team which is an ad hoc panel to examine the reports referred to in article 4. www.djpp.kemenkumham.go.id 2013, no. 240 (2) Teams of the panel referred to in subsection (1) consists of 5 (five) persons originating from: a. one (1) Member DJSN; b. two (2) people from the Ministry; and c. 2 (two) items experts. (3) the composition of the team panel as mentioned on paragraph (2) are defined by the Chairman of the DJSN. Article 8 the team panel referred to in article 7 on duty: a. do the clarification and validation against a report; b. collect facts, data, and/or other information; c. summon and examine the members of the Supervisory Board or Board of Directors reported; d. calling and asking for information from reporters; and e. give consideration to the Chairman regarding the DJSN examination results including the imposition of sanksinya. Article 9 (1) in carrying out its task panel Team as mentioned in article 8, assisted by the Secretariat of DJSN. (2) the Secretariat as referred to in subsection (1) is in charge of: a. receiving and examining the report submitted by the rapporteur; b. return the incomplete reports to the rapporteur to come; c. noted in registration and submit a report that has been equipped to the team panel; d. preparing materials and examination schedule for the team panel; and e. make treatise team meeting panel. Paragraph 2 of article 10 Examination (1) the team panel within 5 (five) working days counted from the date the results of the report are recorded in the register referred to in Article 9 and held a team meeting of the panel. www.djpp.kemenkumham.go.id 2013, no. 240 (2) team meeting the panel referred to in subsection (1) is attended by at least one (1) person from each element. (3) the meeting referred to in subsection (1) is intended for conducting clarification, validation, and verification against the facts, data, and/or other information as well as determine the agenda of the next examination. (4) in conducting clarification, validation, and verification as referred to in paragraph (3), the team can call on the panel and examine the members of the Board of Trustees and/or Board members who allegedly violated the provisions referred to in article 2. (5) a member of the Board of Trustees and/or a member of the Board of Directors referred to in subsection (4) are given the opportunity to do a clarification or doing advocacy statements accompanied by an explanation of the facts, data, and/or other necessary information. (6) in case it is needed, the team can call on the Rapporteur of the panel for the requested information in accordance with the report. Paragraph 3 imposition of Sanctions article 11 (1) If a preliminary examination of the results referred to in article 10 found that members of the Board of Trustees or Board members violated the prohibition referred to in article 2 letter a, letter b, letter d, and the letter f, Chairman of the DJSN convey consideration to the Minister as stipulated in article 3 paragraph (3) to drop the sanctions warning is written to the members of the Board of Trustees or Board of Directors concerned. (2) a written Warning as referred to in paragraph (1) contains the command: a. the filing of a petition for a stop of one member of the Board of Trustees and/or a member of the Board of Directors in the event of violation of the provisions referred to in article 2 letter a; b. release the business activities related to the Organization of social security in terms of offence referred to in article 2 letter b; c. release the keanggotaaanya or as members of political parties, community organizations, administrators or social organizations, or non-governmental organizations associated with the www.djpp.kemenkumham.go.id


2013, no. 240 7 social security programs, structural and functional officials at government agencies, officials at the business entities and other legal entities, in terms of offence referred to in article 2 letter d; or d. the release business entity linkages established or owns either partially or completely with the social security program, in terms of offence referred to in article 2 letter f. (3) a written warning of Sanctions referred to in paragraph (2) is given at most three (3) times. (4) every written warnings as referred to in paragraph (2) is given within the period of 10 (ten) working days. Article 12 (1) When a written warning until with the end of the third, a member of the Board of Trustees or Board of Directors of the affected administrative sanctions do not comply with the provisions referred to in article 11 paragraph (2), the Minister referred to in article 3 paragraph (3) convey the considerations to the President to give the sanctions suspension from Office as a member of the Board of Trustees or Board of Directors. (2) the consideration referred to in subsection (1) is communicated in writing within 7 (seven) working days written the warning since the end of the third. (3) President after the consideration of the Minister's notice referred to in subsection (1), dropping the sanctions suspension for a period of not longer than 30 (thirty) days. (4) When up to the expiry of the period of suspension referred to in subsection (3) a member of the Board of Trustees or Board of Directors did not comply with the provisions referred to in article 11 paragraph (2), the President dropped the sanction of dismissal remained. Article 13 (1) If before the end of a period of suspension referred to in article 12 paragraph (3) a member of the Board of Trustees or Board of Directors has been complying with the provisions referred to in article 11 paragraph (2), revoke the temporary dismissal sanctions President. www.djpp.kemenkumham.go.id 2013, no. 240 8 (2) the members of the Supervisory Board or Board of Directors that had been stripped of its temporary dismissal of sanctions referred to in paragraph (1) to be returned in the original terms of Office. (3) Return the position referred to in subsection (2) do the most not longer than 30 (thirty) days counted since the sanctions suspension revoked. Article 2 members of the Board of Trustees or Board members who violate the prohibitions referred to in article 2 letter c and the letter e is the sanction of dismissal remain by the President based on the consideration of the Minister as stipulated in article 3 paragraph (3). Article 15 (1) examination was halted when a member of the Board of Trustees or Board members who did the offence has been proved that those concerned have comply with the provisions of the prohibition referred to in article 2 which are evidenced by: a. a letter of his resignation or his family members from the Office of the Board of Trustees or Board of Directors; b. letter of proof have sold, submit, or otherwise transfer ownership of a business or business entity who has an affinity with the providers to social security to other parties; c. letter of resignation as a member of the Board of Trustees or Board of directors when doing despicable; d. letter of resignation as a member of a political party, organization, community organization administrators NGOs related to the social security program, as a structural, functional and officials at government agencies, officials at the business entities and other legal entities; e. cancellation letter of containing conflict of interest; and/or f. affidavit of resignation as the founder or owner of all or part of business or related to the social security program. (2) the team panel reported cessation review process reporting to the head of DJSN based on one or more of the reasons referred to in subsection (1). www.djpp.kemenkumham.go.id 2013, no. 240 (3) the Chairman of the DJSN based on the report of termination of the examination referred to in subsection (2) held a team meeting to decide on termination of the panel review process of the report referred to in subsection (2). (4) the termination of the review process referred to in paragraph (3) are defined by the decision of the Chairman of the DJSN. (5) in the event of termination of the examination process evidenced resignation letter as referred to in paragraph (1) letter a, Chairman of DJSN immediately submits recommendations abdication was a member of the Board of Trustees or Board of Directors to the Minister concerned referred to in article 3 paragraph (3). (6) the Minister referred to in subsection (5) promptly filed a resignation of a member of the Board of Trustees and/or a member of the Board of Directors in question to the President to set a lunch. Article 16 (1) for the members of the Board of Trustees or members of the Board of Directors in the inspection team of the panel referred to in article 10 paragraph (4) acknowledges the violations that he did, to the members of the Supervisory Board or the Board members remain subject to a written warning 1 (one) time and must implement the obligations referred to in in article 11 paragraph (2). (2) in the case of members of the Board of Trustees or Board of Directors proved to be repeated again in violation of the provisions of the prohibition referred to in article 2 letter a, letter b, letter d, and the letter f, Member of the Board of Trustees or members of the Board of Directors of dismissal sanctions were dropped anyway. Article 17 (1) in the case of members of the Board of Trustees and/or Board members not proven violation, Chairman of DJSN gives consideration to the Minister as stipulated in article 3 paragraph (3) to restore the good name of members of the Board of Trustees and/or members of the Board of Directors of the alleged violation. (2) Recovery Board of Trustees Member's good name and/or a member of the Board of Directors referred to in subsection (1) is designated by decision of the Minister referred to in article 3 paragraph (3) and communicated to the members of the Board of Trustees and/or members of the Board of Directors of defendants with copy to DJSN. www.djpp.kemenkumham.go.id 2013, no. 240 10 CONCLUDING PROVISIONS CHAPTER III Article 18 this Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on 24 December 2013 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on December 24, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id