SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 59, 2011 | (Explanation in Additional Sheet Indonesia Republic Number 5219) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 30 YEAR 2011
ABOUT
REGIONAL LOAN
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that to improve the effectiveness and efficiency of management of regional loans as well as adjust the development of the need in order to exercise financial ties between the Central Government and the Local Government, it needs to replace the Regulation Government Number 54 Year 2005 on Regional Loans;
B. that under consideration as referred to in the letter a and to carry out the terms of
Section 33 of the Law No. 1 of the Year 2004 of the State Treasury,
Section 171 Act No. 32 of 2004 on Local Government as it has been several times amended last by Act No. 12 of 2008 on Second Amendment to the Law Number 32 Year 2004 on Local Government, and
Article 65 Act Number 33 Year 2004 on the Financial Balance between the Central Government and the Local Government, it needs to establish the Government Regulation on Regional Loans;
Remembering: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
2.
Act Number 1 Year 2004 of the State Treasury (State Sheet Indonesia Year 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
3.
Act Number 32 Year 2004 on Regional Governance (State Gazette Indonesia Year 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as it has been several times Last modified with Act No. 12 of 2008 on the Second Amendment to the 2004 Act No. 32 on the Local Government (Indonesian State Gazette 2008 No. 59, Bank of the Republic of Indonesia) Number 32. 4844);
4.
Act Number 33 Year 2004 on the Financial Balance between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Sheet of State of the Republic of Indonesia) Number 4438);
DECIDED:
SET OF THE GOVERNMENT REGULATIONS ON REGIONAL LOANS.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
1. Regional loans are all transactions that result in the Area receiving a sum of money or receiving the benefits of money from other parties so that the area is saddled with the obligation to pay back.
2. Internal Loans are any loan by the Government obtained from the Home lender who must be paid back with certain requirements in accordance with the expiring term.
3. Foreign Loans are any financing through the debt obtained by the Government from Foreign Loan Lenders bound by a loan agreement and not in the form of a country ' s precious letter, which must be paid back with Certain requirements.
4. The Home Loan Agreement is a written agreement on the loan between the Government and the Home Loan giver.
5. The Foreign Loan Agreement is a written agreement regarding the loan between the Government and the Foreign Loan Lender.
6. The Application Agreement of Internal Loans is a written agreement between the Government and the Local Government on the forwarding of the Home Loan acquired by the Government.
7. The Foreign Loan Implementation Agreement is a written agreement between the Government and the Local Government on the forwarding of the Foreign Loan acquired by the Government.
8. The Regional Loan Agreement is a written agreement between the Government and the Local Government on Regional Loans that the funds do not originate from the forwarding of the Home Loan or the applications of Foreign Loans.
9. The subsequent State Shopping and Shopping Budget, abbreviated as APBN, is the annual financial plan of the State Government approved by the People's Representative Council.
10. The next Budget and Regional Shopping APBD, is the annual financial plan of the Local Government discussed and agreed jointly by the Regional Government and the Regional People's Representative Council, and is set by the Regulation. The area.
11. The Regional Obligation is the Regional Loan offered to the public through a public offering in the capital market.
12. The General Alocation Fund is a fund sourced from the APBN revenue allocated with the goal of setting up inter-regional financial capabilities to fund the needs of the Regions in order to exercise decentralization.
13. The funds for the proceeds are funds sourced from the APBN revenue allocated to the Regions based on the percentage number to fund the needs of the Regions in order to perform decentralization.
14. The next Central Government, called the Government, is the President of the Republic of Indonesia which holds the power of the government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
15. The Local Government is the governor, regent, or mayor, and the Regional Device as an organizer of the Regional Government.
16. The next Minister of Finance, the Minister, is the Minister who organizes government affairs in the financial field of the country.
17. The Regional People's Representative Council is the representative institution of the local people as the organizing element of the Local Government.
Section 2
(1) The Local Government can conduct the Regional Loan.
(2) The Regional Loan must be a Regional Government initiative in order to exercise the authority of the Local Government in accordance with the provisions of the laws.
(3) The Regional Loan is an APBD funding alternative used to close:
a. APBD deficit;
B. financing expense; and/or
c. lack of cash flow.
(4) Regional loans sourced from the Government are given in the framework of financial ties between Government and Local Government.
(5) The Local Government can forward the Regional Loan as a loan, grant, and/or capital inclusion to the Regional Proprietary Entity within the framework of financial ties between the Regional Government and the Regional Governing Body.
Section 3
The Regional Loan Management must meet the principle:
a. Obey the rules of the laws;
B. transparent;
C. Accountable;
D. efficient and effective; and
e. Be careful.
Section 4
The Local Government is prohibited from making loans directly to the foreign parties.
Section 5
(1) The Local Government may not provide guarantees on loan of other parties.
(2) Local income and/or area-owned goods may not be guaranteed Regional Loan.
(3) The activities financed from the Regional Obligation and the goods belonging to the area attached to such activities may be made a guarantee of the Regional Obligation.
Section 6
(1) The Regional Loan is carried out on the basis of a mutual agreement between the lender and the Local Government as the beneficiary of the loan poured in the loan agreement.
(2) The governor, regent, mayor, or officials authorized by the governor, regent, the mayor signed a loan agreement acting on behalf of the Local Government.
(3) The loan agreement referred to in paragraph (1) applies until the end of the loan agreement term.
Section 7
(1) The Minister set the cumulative maximum limit of the Regional Government loans overall most slowly in August for the next budget year.
(2) The cumulative maximum limit of the Regional Government loans as referred to in paragraph (1) is done with regard to the state and forecast of the national economic development and the cumulative maximum limit of Government loans and Local Government.
Section 8
(1) All the receipts and expenses in the Order of the Regional Loan are listed in the APBD.
(2) The amount of interest that contains details of receipt and expenditure in the order of the Regional Loan as referred to in paragraph (1) is poured in the APBD document appendix.
Section 9
Any Regional Loan Repayment:
a. tuned to the Local Public Cash Account; or
B. indentation in the General Cash Account of the Region.
BAB II
SOURCE, TYPE, AND USE
Section 10
(1) The Regional Loan is sourced from:
a. Government;
B. Other Local Government;
c. bank financial institutions;
D. financial institutions are not banks; and
e. Society.
(2) The Regional Loan which is sourced from the Government as referred to in paragraph (1) the letter a given through the Minister.
(3) Regional loans sourced from the Government as referred to in paragraph (1) letter a derived from APBN include Government investment funds, Internal Loan forwarding, and/or Foreign Loan forwarding.
(4) Regional loans sourced from the public as referred to in paragraph (1) of the letter e of the Region Obligation published through the capital market.
Section 11
This type of Regional Loan consists of:
a. Short-Term Loan;
B. Medium Term Loans; and
C. Long-Term Loan.
Section 12
(1) Short-term loans as referred to in Section 11 of the letter a Regional Loan in the most prolonged period of 1 (one) budget year.
(2) The Liability of the Short-Term Loan Repayment as referred to in paragraph (1) which includes the subject of a loan, interest, and/or other liability must be repaid in the corresponding budget year.
(3) Short Term Loan sourced from:
a. Other Local Government;
B. bank financial institutions; and
c. Financial institutions are not banks.
(4) Short-term lending is used only to close the cash flow shortfall.
Section 13
(1) Mid-Term Loan as referred to in Section 11 of the letter b is the Regional Loan in the term of more than 1 (1) budget year.
(2) The Liability of the Secondary Term Loan as referred to in paragraph (1) which includes the subject of a loan, interest, and/or other liability must all be paid in a period of not exceeding the remainder of the governor's term, The regent, or the mayor in question.
(3) Intermediate-Term loans sourced from:
a. Government;
B. Other Local Government;
c. bank financial institutions; and
D. Financial institutions aren't banks.
(4) Mid-Term Loans are used to finance public services that do not generate acceptance.
Section 14
(1) Long Term Loan as referred to in Section 11 of the letter c is the Regional Loan in the term of more than 1 (one) year of the budget.
(2) The Liability of a Long Term Loan payment as referred to in paragraph (1) that includes the subject of a loan, interest, and/or other liability must be repaid in the next budget year in accordance with the terms of the agreement. The loans are concerned.
(3) Long Term Loan sourced from:
a. Government;
B. Other Local Government;
c. bank financial institutions;
D. financial institutions are not banks; and
e. Society.
(4) Long-term loans sourced from Government, Other Local Government, bank financial institutions, and financial institutions instead of banks used to finance infrastructure investment activities and/or means in order of provision of public services Which:
a. generate a direct receipt of revenue for APBD related to the construction of the infrastructure and such means;
B. generate indirect acceptance of the APBD shopping savings that should be issued if such activities are not implemented; and/or
c. provide economic and social benefits.
(5) Long-term loans sourced from the public used to finance the investment activities of infrastructure and/or means in order to provision public services resulting in the receipt for APBD obtained from the levies of the above use of the infrastructure and/or such means.
BAB III
AREA LOAN REQUIREMENT
Section 15
(1) In conducting the Regional Loan, the Local Government is required to meet the requirements as follows:
a. the amount of the remainder of the Regional Loan plus the amount of loans to be withdrawn does not exceed 75% (seventy-five percent) of the general acceptance amount of the previous year APBD;
B. meet the area ' s financial capability ratio provision to restore the loan specified by the Government; and
c. Other requirements set forth by the prospective lender.
(2) In addition to meeting the requirements as referred to in paragraph (1), in terms of the Regional Loan submitted to the Government, the Local Government is also obliged to meet the requirement of no arrelking on the return of the loan sourced from The government.
(3) High-Term Loan and Long Term Loan obliged to obtain the approval of the Regional People ' s Representative Council.
Section 16
(1) The Minister sets the value of the area ' s financial capability ratio to return the loan as referred to in Article 15 paragraph (1) letter b.
(2) The ratio of the region's financial ability ratio to return the loan as referred to in paragraph (1) at least 2.5 (two five commas) with regard to the development of the national economy and the regional fiscal capacity.
BAB IV
GOVERNMENT-SOURCED REGIONAL LOANS
The Kesatu section
Common
Section 17
The Minister as General Treasurer of the State may provide loans to the Local Government on the basis of the Regional Loan proposal submitted by the Local Government.
The Second Part
The Submission Procedure and
The Regional Loan Proposal Assessment
Section 18
(1) The Proposed Regional Loan Act as referred to in Article 17 is filed by the governor, regent, or mayor to the Minister.
(2) The proposal referred to in verse (1) in which the Internal Loan Implementation is a proposal already listed in the list of priority activities which can be financed from the Home Loan.
(3) The proposal referred to in verse (1) which is the Application of Foreign Loans is a proposal that is already listed in the List of Foreign-Term Foreign Loans.
(4) The suggestion as referred to in paragraph (1) must attach the least of the documents:
a. Regional Government Financial Report for 3 (three) last year;
B. APBD of the year of respect;
c. calculation of the area ' s financial ability ratio to restore the loan;
D. loan withdrawal plan; and
e. Regional People's Representative Council's approval.
(5) In terms of the proposal derived from the loan of Foreign Loan Loan, in addition to attaching the document as referred to in paragraph (4), the Local Government must also attach consideration to the Minister of the Interior.
(6) Activities that will be financed from the Regional Loan must conform to the area planning documents.
(7) The Regional Government is solely responsible for the activities proposed to the Minister.
Section 19
(1) The Minister is conducting an assessment of the proposed Regional Loan as referred to in Article 17 with regard to:
a. Regional fiscal capacity specified periodically by the Minister;
B. the Regional Government loan real needs;
c. ability to pay returns; and
D. the maximum limit on the Regional Government loans.
(2) In performing the assessment as referred to in paragraph (1), the Minister is coordinating with the related agencies.
Section 20
(1) The Minister may approve or reject the proposed Regional Loan based on an assessment as referred to in Article 19 of the paragraph (1).
(2) In the case of the Minister approving the proposal of the Regional Loan as referred to in paragraph (1), the Minister conveyed the terms and terms of the loan agreement to the governor, the regent, or the mayor.
Section 21
Further provisions on the manner of the submission and assessment of the Regional Loan proposal are set up with the Minister Rule.
The Third Part
Loan Agreement
Section 22
(1) The loan agreement is signed by the Minister or an official given the authority by the Minister and the governor, the regent, or the mayor.
(2) The loan agreement referred to in paragraph (1) is the least of the following:
a. number;
B. Follow;
c. rights and obligations; and
D. provisions and requirements.
(3) The loan agreement that funds derived from the loan of a Home Loan loan is poured in the Application of the Internal Loan Agreement.
(4) The loan agreement that funds derived from the loan of Foreign Loan loan is poured in the Foreign Loan Acceptance Agreement.
(5) The loan agreement which funds funds from the Government other than those derived from the loan of Home Loan and/or the loan of Foreign Loans is poured in the Regional Loan Agreement.
Section 23
(1) The signing of the loan agreement as referred to in Article 22 of the paragraph (1) was carried out after the proposal of the Regional Loan approved Minister.
(2) In terms of the loan stemming from the passing of the Home Loan Loan, the Internal Loan Implementation Agreement was signed after the Home Loan Agreement.
(3) In terms of the loan coming from the Foreign Loan loan forwarding, the Foreign Loan Application Agreement was signed after the Foreign Loan Agreement.
Section 24
(1) The terms and conditions of the loan in the Agreement on the Home or Foreign Loan Agreement be a reference in setting forth the terms and requirements of the Internal Loan Implementation Agreement or the Lending Agreement Overseas.
(2) The currency set forth in the Foreign Loan Implementation Agreement may be either rupiah currency or foreign currency.
Section 25
(1) Ministers or officials authorized by the Minister and/or the governor, regent, or mayor may submit proposals for changes to the Internal Loan Implementation Agreement, the Foreign Loan Application Agreement, or the Agreement Regional Loan.
(2) The change of the Agreement on the Application of the Internal Loan, the Agreement of the Foreign Loan Agreement, or the Regional Loan Agreement as referred to in the paragraph (1) is conducted under a mutual agreement between the Minister or the official given the authority by the Minister and the governor, the regent, or the mayor.
(3) In the event of a change in the Agreement of the Acceptance of the Home Loan as referred to in verse (2) requires the change of the Home Loan Agreement, the Minister first submitted the proposal for a change in the Home Loan Agreement to Home Loan.
(4) In the event of a change in the Treaty of Foreign Loans as referred to in paragraph (2) requires a change of the Foreign Loan Agreement, the Minister first submitted the proposal for a change of the Foreign Loan Agreement to the giver Foreign loan.
Section 26
The Ministry of Finance and the Local Government delivered a copy of the Home Loan Implementation Agreement, the Foreign Loan Acceptance Agreement, and the Regional Loan Agreement to the Financial Examiner Agency.
Section 27
Further provisions on the terms of the making of the loan agreement are set up with the Minister ' s Rules.
The Fourth Part
Budgeting in APBN as well as
The Regional Loan Withdrawation and Withdrawal
Section 28
(1) The Minister is compiling a plan for the allocation of financing expenses and the estimation of the financing receipt of the Public Treasurer in order to grant Government loans to the Local Government to be allocated in the APBN in accordance with regulatory provisions It's
(2) The State General Treasurer ' s financing expenditure allocation plan as referred to in paragraph (1) is compiled based on the annual plan of thawing and/or loan copying.
(3) The estimated admission plan of the State General Treasurer ' s financing as referred to in paragraph (1) includes the budget acceptance receipt of the Regional Loan from the Local Government in APBN in accordance with the provisions of the laws.
(4) The payment receipt of the Regional Loan Repayment of the Local Government as referred to in paragraph (3) is structured under a stage and/or schedule of a loan return payment plan.
Section 29
(1) The Minister conducts a Government loan transfer to the Local Government after the signing of the Regional Loan Agreement and the issuer of the budget allocation in APBN in accordance with the provisions of the laws.
(2) The Minister conducts the withdrawal and distribution of Government loans to the Local Government whose funds come from the Home Loan Agreement after the signing of the Internal Loan Implementation Agreement and the issuer of budget allocation in APBN in accordance with the provisions of the laws.
(3) The Minister conducts the withdrawal and distribution of Government loans to the Local Government whose funds come from Foreign Loans after the signing of the Foreign Loan Implementation Agreement and the issuer of budget allocation in the APBN accordingly with the provisions of the laws.
Section 30
The withdrawal and/or distribution of Government loans to the Local Government is done gradually according to the achievement achievement.
Section 31
Withdrawal and/or Government loan copying to the Local Government as referred to in Article 30 is done through:
a. immediate payment;
B. special account;
c. Transfer to General Cash Accounts of the Region;
D.
Letter of Credit (L/C); or
e. Preliminary financing.
Section 32
Further provisions on the budgeting manner in APBN, withdrawal, and Regional Loan sorting are set up with the Minister ' s Rules.
BAB V
THE REGIONAL LOANS SOURCED FROM
OTHER REGIONAL GOVERNMENTS, THE BANK ' S FINANCIAL INSTITUTIONS,
AND THE FINANCIAL INSTITUTION IS NOT THE BANK
Section 33
The Local Government can conduct the Regional Loans sourced from other Local Government, bank financial institutions, and financial institutions instead of banks throughout the loan requirements as referred to in Article 15.
The Kesatu section
Submission and Assessment of the Proposal
Short-Term Loan
Section 34
(1) The Local Government submitted the proposal of a Short-Term Loan to the prospective lender.
(2) The prospective lender to conduct an assessment of the proposed Short-Term Loan in accordance with the provisions of the laws and the terms and terms of the lender.
(3) The Local Government chooses the terms and terms of the lender ' s most favorable lender of the Local Government.
(4) Short-term loans are poured in a loan agreement signed by the governor, regent, mayor, or officials authorized by the governor, regent, or mayor and lender.
The Second Part
Submission and Assessment of the Proposal
Medium Term Loans and
Long-Term Loan
Section 35
(1) Before applying for the proposal of a Medium Term Loan or Long Term Loan to a prospective lender, the governor must deliver a Medium-Term Loan plan or a Long Term Loan to the Minister of the Interior to get Consideration.
(2) Before applying for the proposal of a Medium Term Loan or Long Term Loan to a prospective lender, the regent or mayor must deliver a Medium Term Loan plan or Long Term Loan to the Minister of the Interior for the Getting into consideration and the ransom was delivered to the governor.
(3) The delivery as referred to in paragraph (1) and paragraph (2) is at least attached to:
a. Regional People's Representative Council approval;
B. a copy of the governor ' s inaugural event, bupati, or mayor;
c. The statement does not have arrees on the return of the loan originating from the Government;
D. activity frame frame;
e. calculation about the region ' s financial ability ratio to restore the loan;
f. Regional Government Financial Report for 3 (three) last year;
G. The draft APBD of the year is concerned;
h. comparison of the remainder of the Regional Loan plus the amount of loans to be withdrawn does not exceed 75% (seventy-five percent) of the general admissions amount of APBD the previous year; and
i. A financial loan plan.
(4) The Minister of the Interior provides consideration to the governor, regent, or mayor as referred to in verse (1) and verse (2) after coordinating with the Minister.
Section 36
(1) The Local Government submitted the proposal of a Medium Term Loan or Long Term Loan to the prospective lender after having received consideration from the Minister of the Interior as referred to in Article 35 of the paragraph (4).
(2) The prospective lender to conduct an assessment of the proposal of a Medium Term Loan or Long Term Loan under the provisions of the laws and the terms and requirements of the lender.
(3) High-Term Loan or Long Term Loan is poured in a loan agreement signed by the governor, regent, or mayor and lender.
(4) A copy of the Fixed Term Loan or Long Term Loan agreement as referred to in paragraph (3) is delivered to the Financial Examiner, Minister, and Home Affairs Minister.
BAB VI
THE COUNTY BOND
The Kesatu section
Common
Section 37
The Local Government may publish the Regional Obligation throughout the lending requirements as referred to in Article 15.
Section 38
The issuance of the mandatory area bonds is in accordance with the provisions in this Government Regulation and the provisions of the law market in the field of capital markets.
Section 39
Issuer of Area Bonds can only be carried out in the domestic capital market and in Rupiah currency.
Section 40
Regional bonds are an effect published by the Local Government and not guaranteed by the Government.
Section 41
The value of the Region ' s bonds at the time of fall is equal to the nominal value of the Regional Obligation at the time of publication.
Section 42
The issuer of Local Bonds may only be used to finance the investment activities of infrastructure and/or means in order of the provision of Public Service which results in the acceptance of the APBD obtained from levies on the use of the infrastructure and/or Such means.
Section 43
(1) The Region ' s Obligation loan agreement is poured in a custody agreement and is signed by the governor, regent, or mayor and Wali Amanat as a deputy bearer of bonds/lenders.
(2) Any Regional Obligation loan agreement at least lists:
a. nominal value;
B. date due;
c. date of interest payment;
D. interest rate (coupons);
e. interest payment frequency;
f. interest rate payment method;
G. provisions on the right to buy back the Regional Obligation before due; and
h. the provisions of the transfer of ownership
The Second Part
The Regional Bond Issuer Procedure
Section 44
(1) The Regional Obligation issuer Plan is delivered to the Minister with first obtaining the approval of the Regional People ' s Representative Council.
(2) The Regional People's Representative Council Agreement on the Regional Obligation issuer plan as referred to in paragraph (1) includes the principal payment and interest arising as a result of the issuer's issuer issuer.
(3) The Agreement as referred to in paragraph (2) is provided for the maximum value of the Regional Obligations to be published at the time of the APBD.
(4) In addition to giving consent to the matters referred to in verse (2) and verse (3), the Regional People's Representative Council gives consent for all costs arising from the issuer of the Regional Obligation.
(5) The Minister conducts an assessment of the Regional Obligation issuer plan as referred to in paragraph (1) based on the loan requirement as referred to in Article 15.
(6) Issuance Of Area Bonds is set with Regional Regulations.
(7) Terms of publishing, execution, enterprise, and Regional Obligation monitoring are executed under the provisions of the laws in the field of capital markets.
Section 45
(1) The Local Government can buy back the Regional Obligations that it published.
(2) The repurchased Area Obligation can be treated as a softening of the Area ' s Obligation or saved for resale (treasury bonds).
(3) In terms of the Repurchased Area Obligations are counted as treasury bonds, the rights attached to the Territory ' s Obligation void by law.
The Third Part
Payment obligations
Section 46
(1) The Local Government is required to pay:
a. the principal and the interest of each Region ' s Obligation at the time of due; and
B. a fine for the delay of the principal payment obligations and the Regional Obligation interest.
(2) The payment as referred to in paragraph (1) is referred to in the APBD every year until the termination of such obligations.
(3) The payment as referred to in paragraph (1) is derived from the income of the area derived from the acceptance of activities financed with the Territory ' s Obligation.
(4) In terms of activities not yet producing sufficient funds to pay the principal, interest, and the Regional Obligation penalty, the payment obligations are paid out of the income of other areas.
(5) In the event of a Regional Bond interest payment obligation that has been due to exceed the funds made available, the governor, regent, or mayor continued to make a payment of the amount of obligations that have been due.
(6) The Realization of the Regional Bond interest payment obligations as referred to in the paragraph (5) is budgeted in the changes in the APBD and/or is included in the budget realization report.
The Fourth Part
Area Bond Management
Section 47
Area Bond Management is organized by the governor, regent, or mayor.
Section 48
The management of the Area ' s obligations as referred to in Article 47 of at least includes:
a. Regional obligation management and policy management policies including risk control policies;
B. the planning and setting of the Regional Loan portfolio structure;
c. Regional Obligation issuer;
D. Regional Obligation sales through auction;
e. Repurchase of the Regional Obligation prior to due;
f. softening at times due; and
G. Liability.
Section 49
Further provisions on the manner of publishing and the accountability of the Regional Obligation are governed by the Regulation of Ministers.
BAB VII
PROCUREMENT OF GOODS AND SERVICES
Section 50
Procurement of goods and services for the activities financed from Regional Loans is carried out in accordance with the provisions of the laws regarding the procurement of goods and services.
BAB VIII
PAYMENT OBLIGATIONS
Section 51
(1) The Local Government is required to perform payment obligations in accordance with the provisions set out in the loan agreement.
(2) In terms of Local Loan sourced from the Government, the payment obligations that are of principal mortgage, interest, and other obligations are made to the State Public Cash Account or other accounts appointed by the Minister.
Section 52
(1) The Liability of the Short-Term Loan repayment of interest, and/or other charges are charged on the shopping of APBD.
(2) The obligation as contemplated in paragraph (1) is made available in the change of the APBD or is included in the account of the accountability of the APBD of the year of the budget.
Section 53
(1) The Liability of the Secondary Term Loan and Long Term Loan is budgeted in the APBD and is paid in the corresponding year of the budget.
(2) In the case of Secondary Term Loan and Long Term Loan payment obligations that have been due to exceed the funds made, the governor, the regent, or the mayor continue to make a payment of the amount of obligations that have been due. That.
(3) The Realization of the Secondary Term Loan payment obligations and the Long Term Loan as referred to in paragraph (2) is set forth in the change of the APBD and/or in the report of responsibility of the implementation of the budget year APBD.
Section 54
The obligations of the Regional Loan repayment of the Government are carried out in the currency as specified in the loan agreement.
BAB IX
ENTERPRISE COMPANY, MONITORING, EVALUATION,
REPORTING, AND PUBLICATION
The Kesatu section
The enterprise of the enterprise
Section 55
(1) The Minister conducts the Regional Lending Company sourced from the Upper Government:
a. withdrawal and/or Regional Loan copying; and
B. Receipt of payment obligations back on Regional Loan.
(2) The Governor, the regent, or the mayor performed the company's top loan company:
a. reception and use of Regional Loans; and
B. Payment obligations back on Regional Loan.
(3) The Governor, the regent, or the mayor perform the upper entrepreneurial:
a. admission and use of funds over the Regional Obligation issuer;
B. the acceptance and use of funds for activities financed from the issuer of the Regional Obligation; and
c. payment of liability for the issuer of the Regional Obligation.
The Second Part
Monitoring and Evaluation
Section 56
(1) The Minister conducts monitoring and evaluation of the withdrawal, channation, and receipt of the obligation of payment of repayment of Regional Loans sourced from the Government.
(2) The Minister may take settlement measures on the issue of Government loan grant to the Local Government including the cancellation of the loan, if:
a. loan absorption undergoes a very far deviation from the withdrawal plan; and/or
B. the use of loans does not comply with the provisions in the loan agreement.
(3) The Minister conducts monitoring and evaluation to see any indication of the perversion and/or inconsiscation between the Regional Obligation issuance plan with the realisation.
The Third Part
Reporting
Section 57
(1) In order to account for the implementation of Regional Loans, the Minister compiles and presents the financial statements in accordance with the Governance Accounting Standards.
(2) In the course of responsibility for the implementation of Regional Loans, the Local Government is drafting and presenting the financial statements in accordance with the Governance Accounting Standards.
Section 58.
Responsibility for the Regional Obligation management and the funds for activities financed from the issuer of the Regional Obligation are delivered to the Regional People's Representative Council as part of the implementation of the implementation of the APBD.
Section 59
The Local Government is obliged to report the cumulative position of the loan and loan obligations to the Minister and the Minister of the Interior each semester in the year of the budget running.
The Fourth Part
The publication
Section 60
(1) The Governor, the regent, or the mayor organizes the publication of information on Regional Loans periodically.
(2) The publication of information regarding Regional Loans includes:
a. policy on Regional Loan;
B. Regional Loan's cumulative position;
c. Regional Loan term;
D. Regional Loan Interest Rate;
e. Regional Loan Source;
f. use of Regional Loans;
G. realization of the absorption of Regional Loans; and
h. Regional loan obligations.
Section 61
The Governor, the regent, or the mayor organizes the publication of information about the Regional Obligation on a regular basis:
a. Regional Obligation issuer policy;
B. Regional Obligation issuer plan includes estimated number and time of publishing time;
c. Regional Obligation management;
D. The amount of the Regional Obligations in circulation along with its composition, the structure is due, and the interest rate;
e. Local Government financial statements;
f. the report on the use of the funds obtained through the Regional Obligation and the reserve funds allocation; and
G. data publication obligations and/or other information required under the provisions of the laws in the field of capital markets.
Section 62.
Any loan agreement carried out by the Local Government is a public document and it is announced in the Local News.
Section 63
Further provisions on the methods of entrepreneurship, monitoring, evaluation, reporting, and publication of Regional Loans are governed by the Regulation of Ministers.
BAB X
ADMINISTRATIVE SANCTION
Section 64
(1) In the case of the Local Government violating the provisions of Article 4, the Minister is wearing administrative sanction of the delay and/or cutting of the General Alocation Fund and/or the Fund for the Results being the Right of the Regions.
(2) In the event the Local Government does not meet the loan repayment obligations as referred to in Article 51 of the paragraph (1) to the Government, the payment of the obligation is taken into account with the General Alocation Fund and/or the Fund For the Results to be entitled The area.
(3) Further terms on the terms of the payment of the loan obligations to the Government through the calculation of the General Alocation Fund and/or the Funds For the Results as referred to in paragraph (2) are governed by the Regulation of the Minister.
Section 65
In the event the Local Government does not address the cumulative position of the loan and loan obligations to the Minister and the Minister of the Interior as referred to in Article 59, the Minister may delay the balance of the Balance Fund.
BAB XI
THE TRANSITION PROVISION
Section 66
At the time the Government ' s Ordinance comes into effect:
a. the loan agreement which has been conducted prior to the enactment of this Government Regulation, remains in effect until the end of the payment of the loan payment; and
B. The existing laws and regulations of the laws of the country are not in conflict with the terms of this Government's regulations.
BAB XII
CLOSING PROVISIONS
Section 67
Provisions on the terms and conditions of the Regional Government loan grant to other Local Governments are set up with the Regional Regulations.
Section 68
At the time this Government Regulation came into effect, the Government Regulation No. 54 of 2005 on Regional Loans (State Sheet of Indonesia Year 2005 Number 136, Additional Gazette of the Republic of Indonesia Number 4574) was revoked and declared does not apply.
Section 69
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
on June 6, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on June 6, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
