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Regulation Of The Minister Of Finance Number 77/fmd. 05/2009 Year 2009

Original Language Title: Peraturan Menteri Keuangan Nomor 77/PMK.05/2009 Tahun 2009

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THE REPUBLIC OF INDONESIA NEWS

No. 74, 2009 THE TREASURY DEPARTMENT. Management. A loan. General Services Agency.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCIAL MINISTER NUMBER 77 /PMK.0/2009

ABOUT THE LOAN MANAGEMENT ON THE GENERAL SERVICES AGENCY

WITH THE GRACE OF GOD ALMIGHTY

THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

Draw: that in order to manage the General Services Agency's debt management as part of the General Services Agency's financial management and to implement the provisions of Section 18 paragraph (6) of the Government Regulation No. 23 of 2005 on the Financial Management of the Public Service Agency, need to establish the Finance Minister ' s Regulation on Loan Management on the General Services Agency.

Given: 1. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette of the Republic of Indonesia Number 4286);

2. Act No. 1 Year 2004 on the State Treasury (Indonesian Republic Year 2004 Number 5, Additional Gazette of the Republic of Indonesia Number 4355);

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3. Government Regulation No. 23 Year 2005 On Financial Management Of The Public Service Agency (sheet Of State Of The Republic Of Indonesia In 2005 Number 48, Additional Gazette Of The Republic Of Indonesia Number 4502);

4. President's decision No. 20 /P of 2005;

DECIDED:

SET: A FINANCIAL MINISTER ' S REGULATION ON LOAN MANAGEMENT ON A GENERAL SERVICE AGENCY.

BAB I

provisions of UMUM

Article 1

In this Minister of Finance Regulation referred to:

1. The General Services Agency, which is subsequently abbreviated to BLU, is an instance in the Government environment that is set up to provide services to the community of the provision of goods and/or services sold without focusing on the benefits and in- Its activities are based on the principle of efficiency and productivity.

2. The BLU loan, later called the Loan, is all transactions that result in the BLU receiving a sum of money or receiving the benefits of money from other parties so that the BLU is charged with the obligation to pay back.

3. A loan agreement is a manuscript of other agreements or other manuscripts that contain a deal on the loan between the BLU with the lender.

4. The Minister/Leader of the Institution is the official responsible for the field of the BLU ' s task in question.

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Article 2

The scope of the BLU lending management in the Regulation of the Minister of Finance is set about the management of short-term loans.

BAB II

REQUIREMENTS, AUTHORITY, AND LOAN LIMITS

Article 3

(1) The BLU may hold short-term loans on its own behalf as needed.

(2) Short-term loans as referred to in paragraph (1) may only be performed by the BLU with full status.

Article 4

(1) Short-term loan is a loan in order to close the gap between the amount of cash which are available plus incoming cash flow expected with the amount of expenditure projected in a year of budget (mismatch).

(2) Short-term loans are used to meet operational shopping needs.

(3) Operational Shopping as referred to in paragraph (2) is the expenditure intended to provide short-term benefits.

Article 5

(1) BLU may have a loan in connection with its operating activities.

(2) The BLU may have a loan in connection with the loan attachment with the other party.

(3) The other side as referred to in paragraph (2) can

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is a domestic business entity either banking or non-banking financial institution, other business entity or BLU.

(4) The Asset remains prohibited from being granted bail on short-term loans.

Article 6

(1) The requirement that should be met in performing a short-term loan is:

a. Activities that will be financed from PNBP/APBN (Pure Rupiah) have been listed in the Business Plan and the budget BLU Budget year, but the funds available from PNBP are not/insufficient to close the need/lack of funds to finance activities referred to;

b. Activities that will be financed are urgent and cannot be postponed;

c. The cash balance and the cash equivalent of the BLU is insufficient or inadequate to finance the intended expenses; and

d. The number of short-term loans in addition to the amount of short-term loans to be withdrawn does not exceed 15% (fifteen percent) of the previous year ' s previous budget BLU revenue that was not directly sourced from APBN (Rupiah Pure) and a bound grant.

(2) Hibah is bound to be the income that must be treated accordingly as contemplated in the set of provisions regarding the financial management of the public services body.

Article 7

(1) The approval authority over short-term loans is provided by:

2009, No. 74 5

a. The BLU leader for borrowing is worth up to 10% (ten percent) of the amount of BLU revenue the previous budget year that is not sourced from APBN (Pure Rupiah) and a bonded grant.

b. The BLU leader upon the approval of the Supervising Board for borrowing was valued above 10% (ten percent) to 15% (fifteen percent) of the previous budget BLU revenue that had not been sourced from APBN and the grant was bound.

c. The BLU leader upon the approval of the Minister/Chairman of the Institute or the official appointed by the Minister/Chairman of the Institute for the BLU that does not have a Supervising Board for borrowing valued above 10% (ten percent) up to 15% (fifteen percent) of BLU ' s previous budget year earnings number which are not sourced from APBN (Pure Rupiah) and bound grants.

(2) Officials appointed by the Minister/Leader of the Institution as referred to paragraph (1) letter c is the minimal official seselon II level on the ministry/agency concerned and only intended for provide approval in the framework of a short-term loan.

Article 8

(1) The implementation of a short-term loan between the BLU with the other party, is poured in the Loan Agreement.

(2) The Loan Agreement referred to in the verse (1) at least contains the following: a. The parties that hold the Loan Agreement; b. the amount of the loan; c. the loan for the loan; d. loan requirement; e. set the way of the loan thawing; and f. Make way for the loan.

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BAB III

PAYMENT AND LOAN COMPANY

Article 9

(1) BLU Financial Officials carry out the principal payment of the loan, interest, and other charges at the time of the loan agreement.

(2) Liability arising as a result of the Loan Agreement is the responsibility of the BLU.

Article 10

(1) Short-term Loan Entrepreneurship is exercised by BLU Financial Officer.

(2) Short-term Loan Enterprise includes activities: a. the administration of the loan management; and b. loan management accounting.

BAB IV

MONITORING AND EVALUATION

Article 11

(1) The BLU leader conducts monthly monitoring and evaluation of short-term Loan management.

(2) In case there is a settlement Slow activity or low loan absorption, BLU Leader takes settlement steps.

(3) The BLU leadership performs performance evaluations of activities funded from the least loan each semester based on the goals and/or predefined performance standards

2009, No. 74 7

BAB V

LOAN REPORTING

Article 12

(1) BLU financial officer delivers a monthly report to the BLU Leader regarding the realization of absorption and payment of liabilities arising from the Loan short term.

(2) BLU technical officials deliver a monthly report to the BLU Leader regarding the realization of a short-term loan-financed activities.

(3) The monthly report as referred to paragraph (1) and paragraph (2) are delivered by BLU leader to the Supervising Board or Minister/Leader of the Institution for a BLU that does not have a Board of Trusts

BAB VI

LAIN-LAIN

Article 13

(1) BLU may submit changes of activities funded from the Loan after conducting an evaluation as referred to in Article 11 of the paragraph (3) and gets consent to the extent of the authority as referred to in Article 7.

(2) The Special BLU that moves in order of financing is as long as it is required to be regulated by the Minister of Finance.

BAB VII

TRANSITION provisions

Article 14

BLU that switches its status to other legal entities with wealth country that is separated or dropped its status into a gradual BLU, then the BLU must complete the remainder of the obligations arising as a result of the Loan Agreement.

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BAB VIII

provisions CLOSING

Article 15

This Finance Minister's Regulation shall come into effect on the date of the promulcings.

So that everyone knows it, ordering the Minister of Regulation This financial with its placement in the State News of the Republic of Indonesia.

Specified in Jakarta on April 21, 2009 MINISTER OF FINANCE REPUBLIC OF INDONESIA, SRI MULYANI INDRAWATI

Was promulred in Jakarta on 22 April 2009. MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA