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National Border Manager Rule Number 10 In 2012

Original Language Title: Peraturan Badan Nasional Pengelola Perbatasan Nomor 10 Tahun 2012

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THE REPUBLIC OF INDONESIA NEWS

No. 1012, 2012 THE NATIONAL AGENCY OF THE BORDER MANAGER. Management. State Territory. The border. Cooperation. Guidelines.

REGULATION OF THE NATIONAL GOVERNING BODY BORDER NUMBER 10 IN 2012

ABOUT THE COOPERATION GUIDELINES OF THE STATE BORDER MANAGEMENT AND

THE BORDER REGION

WITH THE GRACE OF THE ALMIGHTY GOD HEAD THE NATIONAL GOVERNING BODY OF THE BORDER,

DRAWS: A. That in order to optimize the boundaries of the boundaries of state and border areas, it needs to work with the border management of the country and the border area between the Border Management Authority and the stakeholders;

b. that in order of order and effectiveness of the implementation of cooperation management of the boundaries of state and border areas, it needs to be drafted by the cooperation guidelines of the border area and the border region;

c. that under consideration as referred to in letter a and letter b, need to establish the Border Manager of the National Board of Management on the State of the Country Border Management and Border Regions;

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Given: 1. Law No. 43 of 2008 on State Territory (Indonesian Republic of Indonesia 2008 Number 177, Additional Gazette of the Republic of Indonesia Number 4925);

2. Presidential Decree No. 12 of 2010 on the National Agency of Border Management;

3. Regulation of the Minister of the Interior Number 31 of 2010 on the Organization and the Working Services Secretariat remains the National Agency of the Border Manager;

4. National Governing Body Regulation Number 1 of the Year 2011 on the Great Design of the State and Border Regions of 2011-2025 (State News of the Republic of Indonesia of 2011 No. 44);

5. National Governing Body Regulation Number 2 of the Year 2011 on the Master Plan of Governing The Boundaries Of The Country and Border Regions of 2011-2014 (State News of the Republic of Indonesia 2011 No. 45);

DECIDED:

Establish: The National Governing Body ' s Rule Of Border Management On The Guidelines Of Cooperation Management Boundaries Of The Country And The Border Area.

CHAPTER I OF THE GENERAL PROVISION

Section 1 In the Rule of the Head of the Agency, referred to:

1. The territory of the Union of the Republic of Indonesia, which is then called the State Territory, is one of the country's elements which is one union of the land region, inland waters, territorial waters and territorial seas along with the seabed and the land of the country. underneath, as well as the air space above it, including the entire source of wealth contained within it.

2. The boundary of the country is the boundary line which is the sovereign separation of a country that is based on international law.

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3. The border region is part of the territory of the country located on the inner side of Indonesia's borders with other countries, in terms of the boundary of the country's territory on the land of the border region.

4. Management is a management activity that includes planning, organizing, execution, and oversight and control.

5. The major design of the boundaries of state boundaries and the border area, the next major design, is a state border management planning document and a border area following the National RPJP.

6. The parent plan of the state border management and border region, which is then called the master plan, is a 5 (five) year national development plan that provides a policy, strategy, and boundary management program direction. region of state and border region development

7. The state boundary management action plan and the border region, which is then called the action plan, are the annual implementation guidelines of the country's territorial and border border management master plan

8. Cooperation is the agreement between the National Board of Border Management and the stakeholders made in writing and elicits the rights and obligations of the law.

9. The agreement is the agreement between the Head of the National Board of Border Management and a stakeholder to plan cooperation in the management of the border area and the border area.

10. A cooperation agreement is the agreement between the Head of the Border Manager National Board and a stakeholder to undertake the activities of cooperation that imposes legal rights and obligations.

11. The national governing body of the border, later abbreviated BNPP, is the governing body of the state boundary and the border area as Act No. 43 of 2008 on the State Territory.

12. The Permanent Secretariat is the Permanent Secretariat of the BNPP based in the ministry whose duties and responsibilities are in the field of internal governance.

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CHAPTER II OF THE PRINCIPLE OF COOPERATION

Article 2 (1) The BNPP may conduct cooperation management of the state boundaries

and the border area with stakeholders. (2) The cooperation as referred to in paragraph (1) is exercised

based on the principle: a. Efficiency; b. effectiveness; c. Synergity; d. Mutually beneficial; e. Good faith; f. transparency; g. not to interfere with political stability, security and order, as well as

the national economy; and h. Strengthen the sovereignty of the Republic of Indonesia.

CHAPTER III OF THE SUBJECT AND OBJECT OF COOPERATION

Section Parts of the Subject of Cooperation

Article 3 of the National Agency of the Border Manager may cooperate as referred to in Article 2 verse (1) with: a. Ministry/Institute of Non-Ministry Government; b. State Owned Entity; c. Provincial Government; d. Government of the Regency/Kota; e. College; f. The society of the community; and the "g". Other Non-Profit Agencies.

The Second Part Of The Work Object

Section 4 of the Object of Border Manager National Board of cooperation and stakeholders as referred to in Article 3 may include cooperation in:

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a. country border management; b. country border management and air; c. cross-border management of the country; d. the management of potential land border areas; e. The boundary of the border area; f. the potential management of the marine border region; g. Physical infrastructure management of the border region; h. management of the economic and welfare infrastructure of the people of the region

borders; and/or

i. Border management of government infrastructure. Section 5

The object of cooperation as referred to in Article 4 may be implemented through activities: a. development of policy models and program design; b. program management; c. study and technology development; d. the development of potential and economic development; e. increased national insight; f. Community empowerment; g. the increased capacity of the apparatus; h. workshops or workshops; i. exhibition or paging; j. education and training; k. Technical guidance or assistance; and I. Socialization, dissemination and publication.

BAB IV

RIGHT AND LIABILITY Section 6

(1) The National Agency of the Border Manager in performing cooperation with the subject of cooperation as referred to in Article 3 acquires the rights and obligations.

(2) The rights of the Border Manager National Agency as referred to in paragraph (1) among others are:

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a. receive policy and program recommendations; b. obtaining data and information; and c. obtain the utilization rights of the cooperation.

(3) The Liability of the Border Manager National Agency as referred to in paragraph (1) among others is:

a. coaching and support of activities; b. policy support; c. awarding financing support; and/or d. exchange of data and information.

CHAPTER V TERM

Section 7

(1) Long-term cooperation agreement of the National Agency of the Border Manager with the subject of cooperation as referred to in Section 3 is defined limitatively in the Cooperation agreement.

(2) The term of cooperation as referred to in paragraph (1) takes into account the target/cooperation of cooperation and funding.

(3) The cooperation does not end by the change of leadership of the National Board of Governing. The border and subject of cooperation are as referred to in Article 3.

BAB VI

COOPERATION PART

General

Article 8 cooperation of the National Agency of the Border Governing Body with the subject of cooperation as referred to in Article 3 is exercised through stage: a. planning; b. Setup and signing of the cooperation agreement script; c. setup and signing of the cooperation agreement script; d. the execution of cooperation; and e. monitoring, evaluation and reporting.

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Article 9 of the Planning as referred to in Article 8 of the letter a is done through: a. Inventory of the IBM Cloud Service inventerisation and determination of stakeholders; and c. setup of cooperation plans.

Article 10 (1) The signing and signing of the agreement of cooperation agreement

as referred to in Section 8 of the letter b is done through: a. the formulation of the work of the agreement of cooperation; b. the discussion of the co-agreement of the cooperation agreement; and c. the signing of the agreement of the agreement of cooperation.

(2) The signing of the agreement of the agreement of cooperation as referred to the paragraph (1) of the letter c is done in accordance with the Head of the Agency's National Border Management with stakeholders.

(3) The signing of a cooperation script as referred to in paragraph (2) may be done jointly or alone after being buoed at the coordination paraf by the official of the each party.

Article 11 The script of the cooperation agreement is the same as referred to in Article 10 of it: a. The parties; b. the scope of the deal; c. implementation of the deal; d. the term of the agreement applies; and e. cover.

Article 12 (1) Broadcasting and the signing of the cooperation agreement manuscript

as referred to in Article 8 of the letter c is done through: a. determination of cooperation activities; b. the formulation of the manuscript of the cooperation agreement; c. the discussion of the manuscript of the cooperation agreement; and d. signing of a cooperation agreement script.

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(2) The signing of a work agreement manuscript as referred to in paragraph (1) the letter d may be performed simultaneously or individually after being made in the coordination of the coordination by the officials of each party.

Section 13 of the agreement of the cooperation agreement as referred to in Article 12 contains: a. The parties; b. cooperation activities; c. executor of cooperation activities; d. the rights and obligations of the parties; e. term of execution of activities; f. financing; g. changes; h. A default; i. Termination of cooperation; j. The resolution of the dispute. force majeure; and l. monitoring, evaluation and reporting;

Section 14 (1) Execution of the cooperation as referred to in Section 8 of the letter d

in accordance with the cooperation agreement. (2) The performance of the cooperation as referred to in paragraph (1)

mempedomani: a. the agreed work plan; and b. expenses available.

Section 15 Monitoring, evaluation and reporting as referred to in Article 8 of the letter e is done to ensure that cooperation is carried out in accordance with the intent and purpose of cooperation as set forth in the manuscript Cooperation agreement.

BAB VII SCRIPT COOPERATION AGREEMENT

Part Parts of the Parties Section 16

The parties in the script of the cooperation agreement are poured in full include:

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a. name; b. post; c. act for and on behalf of; and d. office address.

Article 17 (1) The parties referred to in Article 16 at least 2

(two) parties. (2) The parties as referred to in paragraph (1) are the leadership

of institutions that have the authority to take policy.

The Second Section of the Scope Agreement

Article 18

Scope of the agreement to be defined and limitative in accordance with the authority and responsibilities of the parties.

The Third Part Implementation Agreement

Article 19

(1) The parties as referred to in Article 16 appoint an official of Eselon I or Officials are technically responsible for carrying out a cooperation agreement.

(2) The Officer of Eselon I or the Acting Acting technically as referred to in paragraph (1) follows up to the script of the agreement with the cooperation agreement.

(3) The terms of the cooperation agreement as referred to in paragraph (2) Six (six) months from the date the agreement is signed.

Part 4

The Term Applicable Agreement. Section 20

(1) The terms of the agreement may include the termination of the term of the agreement.

(2) The term expiration of the agreement is referred to in paragraph (1) at least 3 (three) years.

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Fourth Section Cover Section 21

(1) The closing contains enough cooperation agreement.

(2) The script of the work deal is the same as being referred to in paragraph (1) as much as The signatory of the cooperation agreement is the same.

Article 22 In terms of a cooperation agreement manuscript of more than 1 (one) language, must list the language used as a guideline.

BAB VIII MANUSCRIPT AGREEMENT OF COOPERATION

Part Section 23 of the parties

The parties in the work of the cooperation agreement are poured in. complete includes:

a. name; b. title; and c. office address.

Section 24

(1) The parties in the cooperation agreement are the Acting Eselon I or the officers who are technically responsible for the terms of the cooperation agreement as referred to in the Agreement. Article 19 of the paragraph (1).

(2) Eselon officials or technically responsible officials as referred to in paragraph (1) are responsible for the conduct of cooperation.

The Second Section of the Cooperation Activity

Section 25

(1) The cooperation activities In a cooperative agreement, it is detailed, concrete and measurable.

(2) The cooperation event as referred to in paragraph (1) is the definition of the scope of the cooperation agreement.

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Article 26 Details of the activities as referred to in Section 25 of the term and the financing of the cooperation.

The Third Section of the Acting Cooperation Activity

Article 27 (1) The parties as referred to in Article 23 compiling the schedule

implementation of the cooperation activities. (2) The following activities may be performed together

and/or alone. Section 28

The activities of the cooperation as referred to in Section 27 are held at least 14 (fourteen) days since the cooperation agreement was signed.

The Fourth Quarter of the Parties ' Rights and Obligations

Article 29 (1) of the Rights and The parties ' obligations in the framework of the cooperation agreement

are listed in detail.

(2) The rights and obligations may be financial and/or the outcome of the execution of the activities as referred to in Section 6.

The Fifth Part

Term Time of execution of section 30

(1) Long-term execution of cooperation activities During 1 (1) budget year.

(2) The term as referred to in paragraph (1) may be extended each year of the budget by partaking the term of the cooperation agreement.

(3) The term extension is referred to in the verse (2) is performed based on the evaluation results of the activities.

Part Sixth Financing

Section 31

(1) The cooperation agreement lists the source of the financing.

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(2) The source of the financing as referred to in the paragraph (1) may come from the State Shopping and Shopping Budget, the Regional Revenue and Belanaja Region, the Regional Revenue and Shopping Budget District/City, and/or any other legitimate and non-binding source.

Article 32 (1) The framework of the work agreement lists the nominal value of financing. (2) The nominal figure as referred to in paragraph (1) is based upon

the details of the activity.

The Seventh Part Changes Section 33

(1) The parties may make changes to the terms of the cooperation agreement.

(2) Changes as intended on a paragraph (1) performed in the event of the execution of cooperation not in accordance with the work plan and the agreed fee.

(3) Changes as referred to in paragraph (1) are poured in the form of a change/addendum to the agreement. equal work.

(4) Changes/addendum as referred to in paragraph (3) are performed Upon approval of the parties and to have the same legal powers as the parent agreement.

(5) Changes/addendum as referred to in paragraph (4) are submitted the slowest 14 (fourteen) days before the end of the contract or prior to the end of the term of the Agreement. Work on a job that is created as a result of a change in cooperation agreement.

(6) Changes/addendum to the paragraph (5) is signed by a signer of the parent cooperation agreement or the official given authority.

The Eighth Section of the Wanachievement

Article 34 (1) In The text of a cooperation agreement may be set forth

regarding a default if either party does not fulfill the obligation.

(2) The Default as referred to in paragraph (1) may be the basis of the severing of cooperation and demands Restitution.

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The Ninth Section of the Cooperation Agreement

Article 35 of the termination of the cooperation agreement can be performed in terms of: a. the purpose of the cooperation agreement has been reached; b. either party may not be able to fulfill its obligations; c. force majeure; and d. the term of the agreement has expired;

Article 36 of the termination of the cooperation agreement is performed if the purpose of the cooperation agreement has been reached as referred to in Article 35 of the letter a may be performed before or in conjunction with the term of the agreement. The term of the agreement is terminated.

Article 37 (1) The termination of the cooperation agreement is performed if any of the parties

may not fulfill the obligations as referred to in Section 35 of the letter b may be performed prior to the term of the work agreement the same end.

(2) The termination of the cooperation agreement as referred to in the paragraph (1) done after clarification.

Article 38 of the termination of the cooperation agreement if there is a force majoure as referred to in Article 35 of the letter c may be done before the term of the cooperation agreement is terminated.

Article 39 Termination of the cooperation agreement if the term of the agreement has expired as referred to in Article 35 of the letter d may be performed before the purpose of the agreement is reached.

Part of the Tenth Settlement of Disputes

Article 40 (1) Disputes arising in the implementation of the cooperation agreement

are resolved through deliberations for the mufakat. (2) In terms of completion by deliberation to mufakat

as referred to in paragraph (1) is not achieved, completion is done through mediation.

(3) In terms of settlement through mediation as referred to in paragraph (2) is not Achieved, completion is done through the judicial process.

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Section Eleventh Force Majeure

Article 41 (1) In case of force majeure in the implementation of the employment agreement

equal, the parties are exempt from the obligation.

(2) Force Majeure as contemplated in paragraph (1) may be riots, security interference, natural disaster or other interruption resulting in the non-interference of cooperation agreements.

Twelfth Part

Monitoring, Evaluation and Reporting Section 42

(1) Monitoring of the implementation of the cooperation agreement is done to optimize the performance of the cooperation agreement.

(2) Monitoring as referred to in paragraph (1) is conducted through observation, focused discussion and studying the various matters related to the process of execution of cooperation.

Article 43 (1) Evaluation of the implementation of the cooperation agreement is performed to assess

attainment of the target agreement of cooperation agreement. (2) Evaluation of the implementation of the cooperation agreement conducted through

the assessment and examination of the conduct of cooperation activities.

Section 44 of the acting parties the cooperation agreement is reporting the execution of the cooperation agreement to the leadership The respective institutions are referred to in Section 17.

Article 45

(1) The report as referred to in Article 44 contains: a. Preface; b. intent and purpose; c. results of activities; d. problems; e. Recommendations and suggestions; f. cover; and g. attachments.

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(2) The Attachments as referred to in paragraph (1) of the letter g include administration of activities, documentation and publications, event schedules, correspondence, sambuyms, narrative paper, notes/notulence, strategic issue, standout specific conditions and activities, as well as authorized proofs to obtain payment.

CHAPTER IX COACHING AND SUPERVISION

Article 46 Head of the Agency conducts coaching and supervision of cooperation in the National Agency environment Border Manager.

section 47 (1) of the coaching by the Head of the Agency as referred to in Section 46

to realize the purpose of the execution of a cooperation agreement.

(2) The coaching by the Head of the Agency as referred to in paragraph (1) includes the granting of guidelines, standardization, socialization, planning, development, mentoring, assistance, education and training.

Section 48 (1) Oversight by the Head of the Agency as referred to in Section 46

is intended to ensure that execution of cooperation is efficient and effective in accordance with the framework of the cooperation agreement.

(2) Surveillance by The head of the Agency as referred to in paragraph (1) is conducted through monitoring and evaluation activities.

BAB X

FUNDING Funding implementation of cooperation sourced from the State Budget and Shopping Budget, Revenue Budget and Shopping Provincial Area, Revenue and Shopping Budget and/or other resources are valid and non-binding.

CHAPTER XI PROVISIONS CLOSING

Section 50 of the Chief of the Agency ' s Ordinance comes into effect on the designated date.

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For everyone to know it, ordering the Chief of the Body Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 16 October 2012 MINISTER IN THE COUNTRY AS HEAD OF THE NATIONAL GOVERNING BODY OF THE BORDER,

GAMAWAN FAUZI

UNDRAFILED in Jakarta on 17 October 2012 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDDIN

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