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Regulation Of The Minister Of Finance Number 103/fmd. 09/2010 2010

Original Language Title: Peraturan Menteri Keuangan Nomor 103/PMK.09/2010 Tahun 2010

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REPUBLIC OF INDONESIA STATE NEWS

No. 250, 2010 MINISTRY OF FINANCE. Financial Reporting. Follow-up. Manager.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 103 /PMK.09/2010 ABOUT

TATA WAYS MANAGEMENT AND FOLLOW-UP REPORTING VIOLATIONS (WHISTLEBLOWING) IN THE ENVIRONMENT

FINANCE MINISTRY

WITH THE GRACE OF GOD ALMIGHTY THE FINANCIAL MINISTER OF THE REPUBLIC OF INDONESIA,

THE DRAW: A. That in Government Regulation No. 71 of the Year 2000 has been set about the order of the implementation of roles and society and the awarding of awards in the prevention and eradication of the criminal corruption;

b. that to encourage roles and officials/employees in the environment of the Ministry of Finance and society in the prevention and eradication of criminal corruption and abuse of authority by officials/employees in the Ministry of Finance over the services provided by the Ministry of Finance, need to do management and follow up any reports of violations occurring in the Ministry of Finance Environment;

c. that based on consideration as referred to in letter a and letter b, need to establish the Finance Minister ' s Regulation on the Tata Way Management and

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2010, No. 250 2

Follow-up Reporting Violation (Whistleblowing) at the Ministry of Finance Environment;

Given: 1. Law No. 8 of 1974 on the Staple-Staple Of Employee (state Gazette of the Republic of Indonesia in 1974 Number 55, Additional Gazette of the Republic of Indonesia Number 3041) as amended by Law No. 43 of 1999 (Sheet) State Of The Republic Of Indonesia In 1999 Number 169, Additional Gazette Of The Republic Of Indonesia Number 3890);

2. Law No. 28 of 1999 on the Clean and Free Government of Corruption, Kolusi and Nepotism (sheet Of State Of The Republic Of Indonesia In 1999 Number 75, Additional Gazette Of The Republic Of Indonesia Number 3851);

3. Law No. 31 Year 1999 on Eradication Of Criminal Corruption (State Of The Republic Of Indonesia In 1999 Number 140, Additional Gazette of the Republic of Indonesia Number 3874) as amended by Law No. 20 2001 (sheet State Of The Republic Of Indonesia 2001 Number 134, Additional Gazette Of The Republic Of Indonesia Number 4150);

4. Law Number 13 Year 2006 on the Protection of Witness and Victims (State Gazette of Indonesia Year 2006 Number 64, Additional Gazette of the Republic of Indonesia Number 4635);

5. Law No. 14 of 2008 on Openness Of Public Information (sheet Of State Of The Republic Of Indonesia In 2008 Number 61, Additional Gazette Of The Republic Of Indonesia Number 4846);

6. Government Regulation No. 30 of 1980 on the Discipline Ordinance of the Civil Service (sheet of State of the Republic of Indonesia 1980 No. 50, Additional Gazette of the Republic of Indonesia Number 3176);

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7. Government Regulation No. 71 of the Year 2000 on the Order of the Role and Society and Award in Prevention and Eradication Of Criminal Corruption (sheet Of State Of The Republic Of Indonesia In 2000 Number 114, Extra Sheet) Republic of Indonesia Number 3995);

8. Government Regulation No. 42 of 2004 on the Soul Coaching Corps and the Civil Service Code of Conduct (State Gazette Indonesia Year 2004 Number 142, Additional Gazette of the Republic of Indonesia Number 4450);

9. Presidential Decree No. 84 /P of 2009; 10. Decision of the Finance Minister Number 462 /KMK.09/ 2004

on the Tata Way of Investigation by the Inspectorate of Investigation Field on the Inspectorate General of the Treasury;

11. Regulation of the Finance Minister Number 100 /PMK.01/ 2008 on the Organization and the Financial Services Department as it has been several times amended last with the Regulation of Finance Minister Number 143.1/PMK.01/2009;

Pay attention to: President's Instruction Number 5 of 2004 on Accelerating Corruption Eradication;

DECIDED: Establishing: REGULATION OF FINANCE MINISTERS ON TATA

THE WAY MANAGEMENT AND FOLLOW-UP REPORTING VIOLATIONS (WHISTLEBLOWING) IN THE MINISTRY ENVIRONMENT FINANCE.

Article 1 In this Financial Minister Ordinance referred to: 1. Violations are acts that violate the rule of law-

the invitation, code of conduct, and the policy of the Ministry of Finance, as well as other similar measures of direct threat to the common interest, as well as Corruption, Kolusi, and Nepotism (KKN) which is happening in the Ministry of Finance environment.

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2. The Infringement (whistleblower) is an employee/official in the Ministry of Finance and society.

3. A complaint is the information delivered by the Complaint Violation (whistleblower) in connection with the breach.

4. The official sentenced to discipline was an official who was authorized to impose disciplinary charges as referred to in the Government Regulation No. 30 of 1980 on the Discipline Ordinance of the Civil Servance.

5. The Pengaduan channel is a means used to convey the complaint.

6. The Internal Compliance Unit is an Eselon II-level work unit in the Eselon I Environment Unit whose task and function perform internal surveillance in the Environment Unit Eselon I in question.

7. A specified unit is an Eselon II-level work unit in the Eselon I Environment Unit which is specified by the decision of the Leadership Unit Eselon I, to receive, manage, and follow up on the Complaint.

Section 2 (1) Every official/employee in the environment The Finance Ministry that sees

or is aware of the violation, is required to report it to the Internal Compliance Unit or the Relevant Unit and/or the General Inspectorate.

(2) The public viewing or knowledge of the Breach and/or feel dissatisfied with the service provided by the official/employee at Environment of the Ministry of Finance, may report it to the Internal Compliance Unit or the Particular Unit and/or the Inspectorate General.

Article 3 (1) In the case of Unit Eselon I have not yet had an Internal Compliance Unit,

The Chairman of the Eselon Unit I Must designate a Certain Unit. (2) The Internal Compliance Unit and the Entitlements Unit in the Eselon Unit I act

as the unit that accepts, manages, and follows up the Complaint. (3) The Inspectorate General acts as a working unit that accepts,

manages, and follows up on the Complaint and as a coordinator overseeing the execution of the Complaint management of the entire Eselon Unit I.

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Section 4 (1) The reports referred to in Section 2 are the Complaints

may be delivered directly or indirectly to the Internal Compliance Unit, the Specified Unit, and/or the Inspectorate General.

(2) The delivery of the report can directly be performed via the Complaint Channel in which the mandatory help desk is provided by the Internal Compliance Unit, the Certain Unit, and the General Inspectorate.

(3) Delivery of the report indirect can be done through the Complaint Channel of the phone, facsimile, brief message services (SMS), complaint boxes, email (email), and PO BOX, which are mandatory by the Internal Compliance Unit, the Specified Unit, and the General Inspectorate.

(4) The Eselon I and/or Vertical Unit of Eselon I publishing the Complaint Channel that the Inspectorate General and the Internal Compliance Unit or the Unit Compliance Unit are in question as referred to in paragraph (2) and paragraph (3) at least on the official bulletin board of the office constantly and the print mass media periodically 2 (two) times in a year.

(5) The Eselon I Vertical Unit is required to list the Complaint Channels owned by the General Inspectorate and the Internal Compliance Unit or the Specified Unit in the corresponding Eselon Unit in which the telephone number, SMS destination number, and email address are on the envelope and Office folder.

Section 5 (1) In the management of the complaint, the Internal Compliance Unit, the Certainly Unit,

and the General Inspectorate have the following obligations: a. Administration of the IBM Cloud Service analyze the Complaint to determine whether or not one

The complaint is actionable to the examination; c. perform the examination and provide recommendations; and d. Make a report of the Complaint, check, and follow-up

advanced on recommendations. (2) In the case of any indication of a severe disciplinary violation, the Compliance Unit

Internal and the Required Unit are obliged to continue the Complaint Proceeding to the General Inspectorate for follow up.

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Section 6

(1) Internal Compliance Unit, Definite Unit, and Inspectorate General with certain considerations may bestow a follow-up to the completion of the complaint to Officer Eselon II of the Unit Eselon I Authorized Authorized User (2) Authorized User entitlements are subject to the Agreement (1) to follow up the completion of the complaint and report the results to the Internal Compliance Unit, the Specified Unit, or the Inspectorate The General is the one who gives away the sod.

Article 7

The recommendation as referred to in Article 5 of the paragraph (1) letter c may be:

a. Disciplinary penalty drop;

b. returns of state losses;

c. the delivery of the results of checks to the State Police of the Republic of Indonesia; and

d. the delivery of the results of the examination to the Corruption Eradication Commission.

Article 8

(1) The recommendation of the disciplinary penalty as referred to in Article 7 of the letter is required to be delivered to the official who is sentenced to death. discipline.

(2) Officials who are sentenced to the mandatory disciplinary sentencing carry out the recommendation of the slowest inspection results 3 (three) months since the receipt of such inspection results by Unit Leader Eselon I.

(3) Officials who are authorized to drop disciplinary charges as referred to in verse (2) is required to deliver a gust of disciplinary punishment deposition to the Inspector General.

(4) Officials who are authorized to drop disciplinary charges that do not carry out the obligations as referred to in paragraph (2) are subject to sanction Disciplinary punishment for the proposal of Inspector General to the Chief of Unit Eselon I or the Minister of Finance.

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Section 9 of the Recommendations of the country's loss of state loss as contemplated in Section 7 of the letter b is required to be delivered to the authorized officer following up.

Section 10 (1) of the delivery of the results of the examination to the Police

The State of the Republic of Indonesia as referred to in Article 7 of the letter c is done in terms of the results of an examination of the general criminal conduct.

(2) The recommendation of the results of the examination results to The Corruption Eradication Commission as referred to in Article 7 of the letter d is done in Examination results indicate corruption of corruption.

(3) The delivery of the examination results as referred to in paragraph (1) and paragraph (2) is conducted through the General Inspectorate.

Article 11 (1) In case there is an alleged error or error of a ruling

The execution of disciplinary punishment by the Acting as referred to in Article 8 of the paragraph (2), Inspector General is authorized to excoriate.

(2) The results of excruination as referred to by paragraph (1) are subject to the considerations for the Leadership of Unit Eselon I or the Minister of Finance to review, mertool, and/or change the ruling of the disciplinary law.

(3) Further provisions on the manner of execinization are governed by the Inspector General's Ordinance.

Section 12 (1) of the Internal Compliance Unit, the Defined Unit, and Inspectorate The mandatory general

provides protection to the Reporting Violation (whistleblower). (2) The protection as referred to in paragraph (1) is done with

maintaining the identity of the identity of the Violation Of (the whistleblower). (3) Internal Compliance Unit and Unit Tercourse may only disclose

identity of the Report Infringement (Whistleblower) to the General Inspectorate. (4) The General Inspectorate may only disclose the identity of the Report

Violator (whistleblower) for the purposes of the inquiry and trial.

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Section 13 (1) Internal Compliance Unit and Unit Are obliged to report the execution

The management of the complaint on a monthly charge to Unit Chief of Eselon I with a gust to the Inspector General.

(2) Inspectorate General is required to monitor and evaluate the follow-up to the completion of the complaint by the Internal Compliance Unit and of Certain Units.

(3) The General Inspectorate is required to report the execution of the Complaint Management in a quarterly basis. or at any time to the Minister of Finance by busan to the entire Leadership Unit Eselon I.

Section 14 (1) Authority to publish Pengaduan management results in

The Ministry of Finance Environment is on the Inspector General. (2) In publishing the results of the Complaint Management as

referred to in paragraph (1), the Inspectorate of General is required to cooperate with the Bureau of Public Relations-Secretariat-General, in order to accountability and openness of information.

Section 15 of the form and layout of the execution of the Complaint Management as referred to in Section 13 as well as the form and layout of the publication of the Complaint Management as referred to in Article 14 is specified by the Decree of the Minister of Finance Its own.

Section 16 In case of the Violation Breach (whistleblower) requesting an explanation of the follow-up progress of the report, the Inspectorate General was obliged to provide an explanation of the matter in question to the whistleblower .

Article 17 Officials/employees which does not perform the provisions of Article 4 paragraph (4) and (5), Section 5, Section 6 of the paragraph (2), Section 9, Section 11, Section 11, Section 11, Section 11, Section 13, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section 14, Section

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Article 18 of the Ministry of Finance Regulation is beginning to take effect on the date of promulgations. In order for everyone to know, order the authoring of the Minister of Finance Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 19 May 2010 MINISTER OF FINANCE REPUBLIC OF INDONESIA, SRI MULYANI INDRAWATI

UNDRASED in Jakarta On 19 May 2010 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, PATRIALIST AKBAR

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