SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 78, 2008 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 4855) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 38 YEAR 2008
ABOUT
CHANGES TO GOVERNMENT REGULATION NUMBER 6 IN 2006
ABOUT THE MANAGEMENT OF THE STATE/REGION GOODS
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the availability of adequate infrastructure, is an urgent need to support the implementation of national development in order to improve the economy and welfare of the community, as well as to increase the power of Indonesian saing in the global trade;
., b. that to accelerate infrastructure development, it is necessary to take comprehensive measures to create an investment climate in the field of infrastructure;
., c., that the state-owned goods assessment is required in order to obtain a reasonable value that is an important element in the framework of the government's balance sheet, utilization, and transfer of goods belonging to the state/region;
., d. that based on consideration as intended in the letter a, the letter b, and the letter c, need to establish the Government Regulation on the Changes to the Government Regulation Number 6 of 2006 On the Management of the State/Regional Property;
.,, Given: 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 State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
., 3.
Government Regulation Number 6 Of 2006 On The Management Of State/Area Goods (Sheet State Of The Republic Of Indonesia In 2006 Number 20, Additional Sheet Of State Republic Of Indonesia Number 4609);
DECIDED:
.,, Setting: GOVERNMENT REGULATIONS ON CHANGES TO GOVERNMENT REGULATION NUMBER 6 OF 2006 ON THE MANAGEMENT OF THE PROPERTY OF THE STATE/AREA.
Section 1
Some provisions in Government Regulation No. 6 of 2006 on the Management Of Goods Belonging To The State/Area (sheet Of State Of The Republic Of Indonesia In 2006 Number 20, Additional Sheet Of State Republic Indonesia Number 4609), Changed As follows:
., 1. Between the number 4 and the number 5 of Article 1 are inserted 1 (one) the number, which is the number 4a and the number 22 so that Article 1 reads as follows:
.,,
" Article 1
In this Government Regulation referred to:
., 1. State-owned goods are all goods purchased or acquired on an APBN load or derived from any other authorized acquisition.
., 2. The area belongs to all items purchased or acquired on an APBD load or derived from any other authorized acquisition.
., 3. The manager of the goods is an official and is responsible for establishing policies and guidelines and managing the management of state-owned goods/regions.
., 4. The user of the item is the holder of the authority to use the property of the state/region.
., 4. a. The assessor is a party that performs an independent assessment based on the competency that it owns consists of internal assessors and external assessors.
. .5. The power of the goods users is the head of a unit of work or an official appointed by the user of the goods to use the goods in its use as well as its best.
., 6. Planning needs are the activities of formulating details of the needs of state-owned/regional goods to link the procurement of goods that have been then with the current state of running as the basis in performing the upcoming action.
., 7. Use is an activity that is performed by the user of the goods in managing and attempting the property of the state/area that corresponds to the principal task and the function of the agencies concerned.
., 8. Utilization is the state of the property that is not used in accordance with the principal tasks and functions of the ministry/lemhow of the regional device, in the form of rent, use, use cooperation, and build up the handover. guna/wake to handover by not changing ownership status.
., 9. Rent is the utilization of state/area goods by other parties within a given period of time and receives cash rewards.
., 10. Use is the handover of the use of goods between the central government and the local government and the local government within a certain period of time without accepting the reward and after the end of the term it is passed back to Item manager.
., 11. A partnership is a state/area property by other parties within a given period of time in order to increase the country's acceptance of non-tax/income areas and other financing sources.
., 12. Build to submit is the utilization of the property of the state/region of the land by other parties by establishing the building and/or the following means of its facilities, and then on the day to which the other party is in a certain period of time. agreed upon, for further remit of the land and the building and/or the following means of its facilities after the end of the term.
., 13. Build a handover to the use of the property of the state/region of the land by other parties by establishing the building and/or the following facilities, and after completion of its construction is submitted for the day of the service. A specified time period is agreed upon.
., 14. Removal is an act of removing state/area goods from the list of items by publishing a decision letter from the official to release the user and/or the user power of the goods and/or the manager of the goods of the liability the administration and the physical for the items that are in its application.
., 15. A transfer is a diversion of ownership of the state/area as a follow-up to the abolition by being sold, exchanged, interchanged, or included as a government capital.
., 16. Sales are the transfer of ownership of state-owned/regional goods to other parties by accepting reimbursed in the form of money.
., 17. Tukar-swap is the transfer of ownership of state-owned goods/regions carried out between the central government and local governments, between local governments, or between the central government/local government with other parties, with the replacement of the government. in the form of goods, at least with a balanced value.
., 18. A grant is a transfer of ownership of goods from the central government to local governments, from local governments to the central government, between local governments, or from the central government/local governments to other parties, without acquiring replacement.
., 19. The inclusion of the central government capital/area is the diversion of ownership of state-owned goods/regions which were originally undivided wealth into wealth separated to be reckoned as capital/shares of the state or region on the body State-owned businesses, local-owned businesses, or other legal entities owned by the state.
., 20. An enterprise is a suite of activities that include bookkeeping, inventories, and reporting of state/state goods in accordance with the applicable provisions.
., 21. An inventory is an activity to perform, logging, and reporting the results of the state/region of the property.
., 22. An assessment is the process of activities performed by the assessor to provide an opinion of the value of an object's assessment at a given time in the management of the state/region of the property.
., 23. A list of user items, which is next abbreviated to DBP, is a list of data-containing items used by each item user.
., 24. A list of user-owned goods, which is next abbreviated as DBKP, is a list of items that contain data that is owned by each user of the goods.
., 25. The ministry of the country/institution is the state ministry/non-ministerial government of the state/institution of the state.
., 26. The Minister/leader of the agency is the official responsible for the use of the ministry ' s goods/institutions in question.
., 27. The other parties are parties other than the ministry of state/agency and the area of the area device. "
., 2. The provisions of Article 2 of the paragraph (2) of the letter c are changed so that Article 2 reads as follows:
.,,
" Article 2
(1) State/region property includes:
., a., a. items purchased or acquired on the load of APBN/D; or
B. The goods that come from other legitimate acquisitions.
(2) The goods as referred to in paragraph (1) of the letter b include:
., a., a. items obtained from grants/donations or similar ones;
B. the goods obtained as an execution of the agreement/counteract;
.,, c. goods obtained in accordance with the provisions of the laws of the law; or
., d. the goods obtained based on the court ' s ruling that has gained the power of the law remain. "
., 3. The provisions of Article 26 are added 2 (two) verses are verses (3) and verses (4) so that Article 26 reads as follows:
.,,
" Article 26
.,, (1) utilization cooperation of state/state goods is implemented with the following conditions:
.,
., a., a. not available or unavailable to funds in the State/State Shopping Budget to meet the required operational/maintenance costs of the state/region-owned goods/intended areas;
., b. Utilization cooperation partner is set through a tender by excluding at least five applicants, except for proprietary states/regions that are special designations in direct designation;
.,, c. utilization cooperation partners must pay a fixed contribution to the state/area general cash account for each year during the established operating period and profit sharing of the utilization cooperation agreement;
., d. The quantity of the contribution of the contribution remains and the profit sharing results of the results of utilization cooperation are set out of the results of the team's calculations formed by authorized officials
., e. the quantity of fixed contribution payments and the profit sharing result of utilization cooperation must be the approval of the goods maintainer;
., f. During the term of operation, the utilization cooperation partner is prohibited from allowing or mortgaging the state/region goods into an object of utilization cooperation;
., g. Duration of the 30 (thirty) year utilization cooperation term since the agreement is signed and may be extended.
.,, (2) All costs related to the preparation and implementation of the utilization cooperation cannot be charged on the State/Regional Revenue and Shopping Budget.
., (3) The Terms of Use as defined in the paragraph (1) of the letter g do not apply in terms of the utilization cooperation of the state/region of the property is performed for the provision of such infrastructure below:
.,
., a., a. Transport infrastructure includes seaports, rivers or lakes, airports, rail networks and railway stations;
B. Road infrastructure includes toll roads and toll bridges;
.,, c. the water resource infrastructure includes the default water carrier channel and waduk/bendungan;
., d. Drinking water infrastructure includes raw water retrieval buildings, transmission networks, distribution networks, and drinking water treatment plants;
., e. The waste water infrastructure includes waste water processing, gathering network and main network, and a means of outpouring that includes the carrier and the dump;
f. Telecom infrastructure includes telecom networks;
., g. The composure infrastructure includes the power plant, transmission, or the distribution of electrical power; or
., h. The petroleum and gas infrastructure includes processing, storage, transport, transmission, and distribution of petroleum and gas.
.,, (4) the term of cooperation utilization of state/region goods for the provision of the infrastructure as referred to in paragraph (3) at least 50 (fifty) years since the agreement is signed. "
., 4. The provisions of Article 39 of the paragraph (1), paragraph (2), and verse (4) are changed and added 2 (two) verses, verse (5) and verse (6), so that Article 39 reads as follows:
.,,
" Section 39
.,, (1) the assessment of the country ' s proprietary goods and/or buildings in the framework of utilization or transfer is performed by the internal assessor specified by the goods manager, and may involve the external assessor specified by the Item manager.
., (2) The assessment of property belonging to the area of land and/or building in the framework of utilization or transfer was performed by the internal assessor assigned by the governor/bupati/mayor, and may involve the specified external assessor. by the governor/bupati/mayor.
.,, (3) The assessment of the state/region goods as referred to in paragraph (1) and paragraph (2) is exercised to obtain a reasonable value, with the lowest estimate using the NJOP.
.,, (4) excluded from the provisions as referred to in paragraph (3) for the sale of state-owned goods of the land required for the construction of a simple set house.
.,, (5) The value of the sale of the state-owned goods as referred to in paragraph (4) is set by the Minister of Finance based on the calculations set by the Minister of Public Works.
.,, (6) Further provisions on the assessment of the State-Owed Goods are governed by the Regulation of the Minister of Finance. "
. .5. The provisions in Article 44 of the paragraph (1) of the letter are amended, so that Article 44 reads as follows:
.,,
" Section 44
.,, (1) the removal of state/area goods with a follow up of extermination is done if the state/area goods are referred to:
.,
., a., a. cannot be used, cannot be utilized, and/or not be able to be moved; or
B. other reasons in accordance with the provisions of the laws.
(2) Annihilation as referred to in paragraph (1) is exercised by:
.,
., a., a. user items after getting the goods manager approval for the state owned goods; or
., b. user of the item with a decision letter from the goods manager after getting the governor/bupati/mayor's approval for the area's property.
.,, (3) The execution of extermination as referred to in verse (2) is poured in the news of the event and is reported to the handling of the goods. "
., 6. The provisions of Article 46 of the substance remain and the explanation of Article 46 of the letter e are amended so that the explanation of Article 46 is as set forth in the Description of Article 6 of the Article 6 of this Government's Regulation.
., 7. The provisions of Article 51 of the paragraph (3) are amended so that Article 51 reads as follows:
.,,
" Article 51
(1) The sale of state/area goods is carried out with consideration:
., a., a. to optimize the property of the country that is excess or idle;
B. Economically more profitable for the country if sold;
c. as the implementation of the provisions of the laws.
.,, (2) The sale of state/area goods is done by auction, except in certain things.
(3) The exceptions as referred to in paragraph (2) include:
., a., a. State/area owned goods are unique; and
., b. Other state-owned goods/other areas are further specified by the goods maintainer. "
Section II
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 May 19, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on May 19, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4855 | (Explanation Of State Sheet 2008 Number 78) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 38 YEAR 2008
ABOUT
CHANGES TO GOVERNMENT REGULATION NUMBER 6 IN 2006
ABOUT THE MANAGEMENT OF THE IBM PRODUCTS/SERVICES
I. UMUM
., a., a. Government Regulation No. 6 of 2006 on the Management of the State-owned Goods/Regions regarding the management of state-owned goods including planning and budgeting, procurement, use, utilization, safekeeping and Maintenance, assessment, deletion, transfer, company, coaching, supervision, and control.
.,
.,, the state-owned goods and goods of goods in the form of expediency in order to be set up in the Government's Ordinance have not gone on as well. The Government's efforts to interest partner or investor cooperation in the development of infrastructure are still to meet obstacles.
.,, the Hamrepentance is a result of the ease or investment facilities offered by neighboring countries able to provide a relatively longer investment period compared to those given by the State of the Republic. Indonesia. For that, in order to improve the economy and welfare of the community and to improve Indonesia's competability in global trade, the term for utilization of state-owned goods in the form of the Co-operation of Expediency (KSPs) needs to be customized.
.,, with consideration of the Cooperation of the Benefit of the State of the Union, the adjustment of the term is intended to be in such a way that it is relatively longer than the Right of Guna, the Right of Guna. The building, and the Right to the Land of the State.
., b. A country/region-owned goods assessment is required in order to obtain a reasonable value or market value in accordance with the applicable provisions. A reasonable value or market value of a country's property/area acquired from this assessment is an important element in the framework of the government's balance sheet, utilization and transfer of goods belonging to the state/region.
II. SECTION BY SECTION
Section I
.,, Figure 1
.,, Section 1
.,, is pretty clear.
Number 2
.,, Section 2
.,, is pretty clear.
Figure 3
.,, Article 26
.,, is pretty clear.
Figure 4
.,, Section 39
.,, Verse (1)
., referred to as "internal assessor" is the assessor of the Civil Service in the Government environment appointed by the Minister of Finance authorized the duty, authority, and responsibility to perform the assessment independently.
In question, "external assessor" is the assessor other than the internal assessor who has the permission of the assessment practice and is a member of the Assessment association recognized by the Department of Finance.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
.,, the exception of the sale of state-owned goods from verse (3) meant that the purpose of building a simple building can be achieved but the value of the country's goods/value is still being noticed.
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear.
Number 5
.,, Section 44
.,, Verse (1)
.,, the letter a
., which includes not being used, unusable, and/or untransferable among others by consideration is not economically feasible or has a harmful impact if it is maintained.
Letter b
.,, referred to by "under the provisions of laws" among other Pabeanan Statutes.
Verse (2)
., clear enough.
Verse (3)
.,, pretty clear
Figure 6
.,, Section 46
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the letter a
.,
.,-Not in accordance with the layout of the region means at the location of the land and/or building of the state/area in the event of changes to the region and/or function of the region, for example from an office region to the region trade.
.,-Not in accordance with the city's arrangement meant to land and/or the state/area buildings were meant to be adjustments made, which resulted in the extensive changes in the land and/or the building.
Letter b
., which was abolished was the building that stood on the ground to be torn down which further established a new building on the same land (reconstruction) in accordance with the appropriations of the budget that have been provided in the document budget.
Letter c
.,, referred to as "land and/or building reserved for civil servants" is:
-the land and/or the building, which is the home category of the group III state;
.,-the land that is a kavling land that, according to initial planning of its existence for the construction of public servants housing.
Letter d
.,, referred to with "common interests" is an activity that concerns the interests of the nation and the state, the vast community, the common people/together, and/or the development interests.
Categories of activities fields included for the common interest among others as follows:
.,,-a public road, toll road, rail tracks, clean drinking/water channels and/or waterway channels;
-reservoirs, dams, and other watering buildings including irrigation channels;
-public hospitals and public health centres;
-port, airport, train station or terminal;
-peribadatan;
-education or school;
-public market;
-public funeral facilities;
.,-public safety facilities such as among other embankments of flood danger, lahar, and others-disasters;
-post and telecom;
-sports means;
.,-radio, television broadcasting station and its supporting means for public broadcasting agencies;
.,-government offices, local governments, representatives of foreign countries, the United Nations, and international institutions under the auspices of the United Nations;
.,-the facilities of the Indonesian National Army and the State Police of the Republic of Indonesia in accordance with its principal duties and functions;
-simple set house;
-Garbage Disposal;
-nature reserves and cultural reserves;
-the park ' s first;
-social home;
-The power plant, the transmission, and the distribution of electrical power.
Letter e
.,, the property of the state/area designated as the implementation of laws due to court or seizure decisions, may be transfered without requiring the DPR/DPRD approval.
Figure 7
., Section 51
.,, Verse (1)
., clear enough.
Verse (2)
.,, Lelang is the sale of state-owned goods/areas in front of auction officials.
Verse (3)
.,, the letter a
., which includes the property of a state/area that is special is items that are governed specifically in accordance with the laws, for example the home of the group III country sold to the occupants or service vehicles Individual state officials sold to state officials.
Section II
.,, pretty clear.
