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Regulation Of The Minister Of Finance Number 114/fmd. 05/2012 Year 2012

Original Language Title: Peraturan Menteri Keuangan Nomor 114/PMK.05/2012 Tahun 2012

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ond CoD as referred to in paragraph (2) of the letter c, performed prorated.

Section 4
Rescheduled as referred to in Section 3 of the paragraph (2) and the rescheduled Pokok scheduling are combined in 1 (one) payment schedule.

Section 5
Interest Rates for Scheduled Arred and Pokok rescheduled scheduling refers to the Interest rate applicable in the loan agreement and/or the loan forwarding.

BAB III
THE UNDERLYING SOLUTION COMPLETION MECHANISM
AND NON-PRINCIPAL ARRELES
The Kesatu section
State Debt Settlement Request
Section 6
The PDAM which has the Principal Arred and Arred Arred to the Government, delivered a complete complete State Debt Settlement 1 (one) year of the year since the Minister's Rule is in effect.

Section 7
The PDAM who does not deliver the State Debt Settlement Application as it is referred to in Section 6 is required to pay off all Principal Arred and Arrees at least 3 (3) months from the last deadline for the delivery of the application The completion of the State Debt.

Section 8
PDAM conducting cooperation with foreign and private private parties in the country may apply for a State Debt settlement to rescheduled, without acquiring the Non-principal Arrelway Removal Facility.

Section 9
(1) In terms of the PDAM not completing the State Debt as referred to in Article 7, the State of the Debt Act is handed over to the Committee on State Debt (PUPN) in accordance with the laws.
(2) The Surrender of PDAM debt as referred to in paragraph (1) with the least data included:
a. PDAM profile;
B. PDAM financial conditions; and
c. PDAM loans to the Government.

Section 10
(1) PDAM applied for the completion of the State Debt Settlement as referred to in Article 6 to the Minister through the Director General by busan to the governor/bupati/ mayor and the Regional People's Representative Council.
(2) The State Debt Settlement Request is submitted in writing with the following supporting documents as follows:
a. Business Plan for a period of 5 (five) years from the date of filing the State debt settlement application, which is passed by the governor/bupati/mayor containing:
1) The magnitude of the Tarif above the Base Charge, most slowly in the third year Business Plan;
2) the process of appointment of directors has been through the test of the ability and the patchiness (fit and proper test) at the time of the change of directors;
3) financial, technical, and management of PDAM management at the time of application submission;
4) issues, causes of problems, repair plans, investment plans, and funding sources;
5) The proposed scheduling of Arred Arred per Second CoD and subject liability has not been due per Second CoD;
6) Proposed scheduling of Non Principal Arred after the First CoD up to the Second CoD; and
7) the target achievement plan per year,
with the format as in Appendix I which is an inseparable part of this Minister ' s Regulation;
B. the company ' s 1 (one) financial statements last year that have been audited by the Financial Examiner Agency (BPK) /BPKP/ public accounting office;
c. report the results of a PDAM performance audit by BPK/BPKP/office of public accountants;
D. Enterprise Budget and Budget Plan (RKAP) /Cost Budget Plan (RAB) PDAM 1 (one) last year; and
e. a governor/bupati/mayor's statement of statement which contains the willingness of the person to assist in the completion of the PDAM loan obligations in accordance with the provisions of the laws in the area of the area's financial management with the format as in Annex II which is an inseparable part of the Regulation of this Minister.

The Second Part
Non-principal Arred and Arred Completion
Section 11
(1) The Committee conducts an analysis and evaluation of the State of the State Debt settlement request.
(2) The results of the analysis and evaluation as referred to in paragraph (1) are used as the basis for the Director General in presenting consideration to the Minister of Finance regarding the approval or rejection of the State of the State debt settlement application.
(3) In the case of the Director General approving the settlement of the State Debt Settlement, the Director General conveyed the consideration of the approval to the Minister.
(4) The Minister establishes the approval of the completion of the State Debt under consideration of the approval of the Director General, or rejects the consideration of the completion of the settlement of the State debt submitted by the Director General
(5) The consent of the consent or rejection as referred to in paragraph (4) is decided in the longest term of 6 (six) months after the supporting document is related to the complete application of the State of the State Debt settlement.
(6) In the case of the Minister rejecting the proposed settlement of the State Debt as referred to in paragraph (4), the Director General returns the application of the settlement of the State Pidebts to the relevant PDAM.
(7) PDAM may resubmit the State Pidebt settlement application after the repairs are done.

Article 12
In terms of the approval of the State Debt settlement as referred to in Article 11 of the paragraph (4) has been established, the Director General and the Principal Director/Director of PDAM undertook a change of the loan agreement and/or the loan forwarding agreement.

Section 13
Based on the State Debt completion agreement as referred to in Article 11 of the paragraph (4), specified the Conditional Elimination Agreement.

Section 14
(1) Absolute Elimination of Non-Principal Arred per CoD is specified at least 2 (two) years from the date of which the Deletion of the Deletion is determined.
(2) The deletion of Mutatively is specified after the assessment by the Committee on the realization of the Business Plan as referred to in Article 10 of the (2) letter a.
(3) The assessment by the Committee against the realization of the Business Plan as referred to in paragraph (2) is concerned:
a. The PDAM performance improvements measured
c. enhancing the quality and scope of PDAM service to the community.

BAB II
COMPLETION OF THE COUNTRY ' S DEBT ON PDAM
Section 3
(1) The Settlement of State Debt on PDAM is done in a way:
A. Rescheduling; and/or
b.deletion.
(2) Scheduling back as referred to in paragraph (1) the letter is performed against:
a. The Second Per CoD Subject, the Number of First CoD Plus on the First CoD plus the Point arrell after the First CoD;
B. Undue principal per Second CoD; and/or
C. Non-staple arrees are after the First CoD up to the Second CoD.
(3) The removal as referred to in paragraph (1) the letter b is performed against the First Non Principal per CoD.
(4) Scheduling of Non-Subject Arrees after the First CoD up to the Sec from the target achievement of Business Plan; and
B. performance on repayment of the loan.

Section 15
In the event after obtaining the rescheduled scheduling, PDAM has a principal and/or Non Principal Arred as well as not doing a settlement, the State of the Debt ' s business is submitted to PUPN as per the provisions of the laws.

BAB IV
The TERMINATION Authority of the Elimination Section 16
Conditional deletion and Absolute Elimination of State Debt on PDAM are executed in accordance with the provisions of the laws.

Article 17
In terms of State Debt using foreign currency units, the value of the debt that is waive is conditional and is absolutely calculated based on the value of the Central Bank of Indonesia which applies to the first CoD.

BAB V
REPORTING
Section 18
(1) During a debt settlement period, PDAM is required to pass the document as follows:
a. The Business Plan of the previous year with the format as in Appendix III which is an inseparable part of the Regulation of this Minister;
B. financial statements and previous year ' s performance reports that have been audited; and
C. RKAP/RAB PDAM years of running which has been passed by the governor/bupati/walikota/PDAM supervising body.
(2) The document as referred to in paragraph (1) is delivered to the Director General of the slowest date of July 31 each year.
(3) In the event of delay in the delivery of the document as referred to in paragraph (1), PDAM may be charged with not having the removal and the PDAM must complete the debt either by payment or via PUPN.

BAB VI
EVALUATION AND MONITORING
Section 19
(1) The Director General conducts the evaluation and monitoring of the completion of the State Debt Settlement on PDAM based on the document the PDAM delivered as referred to in Article 18 of the paragraph (1).
(2) In terms of evaluation and monitoring results indicate the presence of an unreached Business Plan target, the Director General may provide a written warning to PDAM and/or the governor/bupati/mayor.
(3) In terms of after being given written warning to PDAM and/or governor/bupati/mayor, the target in Business Plan is still not reached, PDAM can submit a revised Business Plan to the Director General.
(4) In terms of the following revision as referred to in paragraph (3) the target Business Plan is still not reached, the Director General via the Committee may request a PDAM's change of direction to the governor/bupati/mayor.
(5) In terms of 1 (one) year after the turn of directors of the Business Plan PDAM target is still not reached, the Director General via the Committee is reviewing the completion of the State Debt Act on the PDAM referred to.

BAB VII
REVISION BUSINESS PLAN
Section 20
(1) Revision Business Plan can be carried out by PDAM with the approval of the Director General.
(2) Revision Business Plan as referred to in paragraph (1) is done if assumptions in Business Plan cannot be accomplished as a result of the event outside the PDAM managing control, including the kahar state (force majeur)

BAB VIII
OTHER PROVISIONS
Section 21
PDAM that has applied for a state receivable settlement and has not obtained the Minister 's approval, following the provisions of this Minister' s Regulation.

BAB IX
CLOSING PROVISIONS
Pasa22
At the time the Minister ' s Ordinance came into effect, the Finance Minister Regulation Number 120 /PMK.05/ 2008 on the Settlement of State Debt Sourced From Foreign Loan Illumination, Investment Funds Account, And Regional Development Accounts On The Drinking Water Region company is revoked and declared not applicable.

Section 23
The rules of the Minister are in effect on the date of promulgations.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on July 4, 2012
THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

AGUS D.W. MARTOWARDOJO
promulred in Jakarta
on 4 July 2012
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN