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SHEET COUNTRY INDONESIA
No. 366, 2016 FINANCE. Indonesia Customs Area. Cash. Another Payment Instrument. Congenital. (EXPLANATION IN ADDITION OF THE STATE SHEET OF THE REPUBLIC OF INDONESIA NUMBER 6009)
THE REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
NUMBER 99 YEAR 2016
ABOUT
PAYMENT OF CASH AND/OR OTHER PAYMENT INSTRUMENTS TO
IN OR OUTSIDE THE Indonesian CUSTOMS SECTION
WITH THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
DRAW: that to implement the provisions of Article 36 of the Invite-
Invite Number 8 Year 2010 on the Prevention and
Eradication Of Money Laundering, need
set the Government Regulation on Money Default
Tunai and/or Other Payment Instruments into or
out of the Indonesian Customs Area;
Given: 1. Article 5 of the paragraph (2) of the Constitution of the Republic of the Republic
Indonesia Year 1945;
2. Law No. 8 Year 2010 on
Prevention and Eradication Of Criminal Acts
Money Laundering (sheet State Of The Republic Of Indonesia
2010 Number 122, Extra State Sheet
Republic Indonesia Number 5164);
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DECIDED:
STIPULATING: GOVERNMENT REGULATIONS ON THE DEFAULT
CASH AND/OR OTHER PAYMENT INSTRUMENTS TO
IN OR TO THE OUTSIDE OF THE INDONESIAN CUSTOMS AREA
BAB I
provisions of UMUM
Article 1
In this Government Regulation referred to:
1. Other Payment Instruments are bilyet giro, or
upper warkat carries a check, travel check, mail
can be paid, and a certificate of deposit.
2. Cash and/or Instrument Defaults
Another payment is the act of bringing in cash
and/or Other Payment Instruments into or to
outside the Indonesian Customs Area.
3. The customs area is the territory of the Republic of Indonesia which
covers land, water, and air spaces in
over it, as well as certain places in the economic zone
exclusives and continental shelf in which it applies
The paeiness Act.
4. Customs notification is a statement made
by the person in order to carry out the obligations
customs in the form and the conditions specified in
the paeiness Act.
5. Customs officials are employees of the Directorate
General Bea and Excise appointed in the post
certain to carry out a specific task based on
the paece-order Act.
6. The Customs Office is an office in the environment
The Directorate General of Customs and Excise is where it is delivered
customs duty.
7. The Financial Transaction Reporting and Analysis Center,
subsequently abbreviated to PPATK, is an independent
agency formed in order to prevent and
eradicate money laundering crimes.
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BAB II
CASH BUILDLERS
DAN/OR OTHER PAYMENT INSTRUMENTS
Part Kesatu
Tata Cara Notice
Section 2
(1) Any person who bring cash and/or
the least other Payment Instruments
Rp100.000.00 (one hundred million rupiah) or that
its value is equivalent to that into or out of the Area
Pabean is required to notify the Official Bea and
Excise.
(2) Cash as referred to in paragraph (1) contains
for money in rupiah and/or money in
foreign currency.
Article 3
(1) Notice of the Cash Payment and/or
Other Payment Instruments into and out
The Pabean Region as referred to in Section 2
paragraph (1) is performed with:
a. delivered Pabean Notice; and
b. Fill the Cash Exchange Form and/or
Another Payment Instrument.
(2) The Default Money Default Form and/or Instrument
Another payment as referred to in paragraph (1)
the letter b contains the least information regarding
the identity of the person who brought in cash and/or
Another Payment Instrument, and is accompanied:
a. other party identities or beneficiaries in the event
the person who brought the cash and/or
Another Payment Instrument did the default
on behalf of the other party or beneficiary, or
will be provided to other parties; and/or
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b. Corporate identity in the event of a person who is carrying
cash and/or Other Payment Instruments
performing the default on behalf of the corporation.
(3) Further provisions on the form and content
Pabean Notice and Money-based forms
Tunai and/or Other Payment Instruments
as referred to in paragraph (1) are set in
The Finance Minister Regulation.
Section 4
In addition to the provisions as referred to in Section 3 verse
(1), against cash buildlers in rupiah currency
at least Rp100.000.000.00 (hundred million rupiah) outside
The Indonesian Customs Area is required to be licensed from the Bank
Indonesia in accordance with Indonesian Bank Regulation.
Article 5
(1) Host of international airport, port
international, or a mandatory cross-border post provides
the facility to ensure that everyone can
carry out the obligation to notify
Default Money and/or Instrument
Another Payment as referred to in Article 2
paragraph (1).
(2) The facility referred to in paragraph (1) includes:
a. examination room;
b. place to fill and submit
Pabean notifications and deliverable forms
Cash and/or Other Payment Instruments;
c. a sign or hint in some language that
is required at the airport international, port
international, or cross-border post containing
information obligations of each person delivering
Pabean notifications and deliverable forms
Cash and/or Other Payment Instruments;
and/or
d. Other needed infrastructure.
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Second Section
Examination
Section 6
(1) Customs and Excise officials who received the notice
as referred to in Section 2 of the paragraph (1) do
the examination of the truth notices amount of money
cash and/or Other Payment Instruments brought.
(2) In terms of the results of the examination show the amount of money
cash and/or Other Payment Instruments brought
in accordance with the amount which was notified, the Customs Officer
and Excise gave the consent to be brought.
(3) In terms of the results of the examination indicate the amount of money
cash and/or Other Payment Instruments brought
is greater than the amount notified, the Customs Officer
and Excise is wearing administrative sanction
the fine.
(4) In terms of the results of the check found cash
and/or Other Payment Instruments that are not
are notified, Customs and Excise Officials are wearing
administrative sanctions are fine.
(5) The introduction of the sanctions administrative as intended
in paragraph (3) and paragraph (4) does not abolish the provisions
criminal.
Section 7
(1) In the event of the results of the Examination as contemplated
in Section 6 of the paragraph (1) found the Default Money Tunai
and/or Other Payment Instrument that
is suspicious, Customs Officials and Excise
further examination.
(2) Further checks as referred to
paragraph (1) can be done in a way:
a. interview;
b. body check; and/or
c. check the goods.
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(3) Baggage Indicator Indicator and/or Instrument
Another suspicious payment as
is referred to in paragraph (1), as follows:
a. the magnitude of the amount of cash and/or value
Another Payment Instrument brought;
b. performed in a recurring period;
c. information from PPATK and/or law enforcement
regarding the presence of Cash and/or
Other Payment Instruments related to
with a criminal offence;
d. profile and carrier behavior;
e. Cash and/or Other Payment Instruments
that are brought unannounced or
are hidden; and/or
f. other indicators.
(4) Any further provisions regarding the default indicator
The Cash and/or Other Payment Instruments that
is suspicious as in paragraph (3)
is set in the Financial Ministerial Ordinance.
Section 8
(1) The results of the examination of the Tunai Money
and/or Other Payment Instruments that
are suspicious, delivered by the Head of the Pabean Office
to the Head of the PPATK with a gust of Director
General Bea and Excise.
(2) The delivery of the examination results as intended
on paragraph (1) performed at most 5 (five) workdays
since the results of the examination are declared complete.
(3) the head of PPATK is required to deliver the followup information
further the results of the examination of the Directorate General of Bea and
Excise as referred to in paragraph (1) to
the Director General of Customs and Excise.
(4) The follow-up delivery of the examination results
as referred to in paragraph (3) is done
written, through the meeting, and/or presentation.
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Third Section
Reporting to PPATK
Article 9
(1) The Directorate General of Customs and Excise must make
the report on the Payload of Cash and/or
Payment Instrument Another as intended
in Section 2 and presenting it to PPATK
at most 5 (five) business days since the receipt
notice.
(2) The reports referred to in paragraph (1)
delivered by the Head of the Pabean Office to the Head
PPATK with a gust to the Director General of Bea
and Excise.
(3) The report as referred to in paragraph (1) loading:
a. information as referred to in Section 3 of the paragraph
(2);
b. notified or not notified;
c. in not being notified, must be loaded
captions that cash and/or Instruments
Other payments were hidden or not
hidden; and/or
d. Administrative sanction.
Article 10
(1) The Directorate General of Customs and Excise must make
a report on the imposition of administrative sanction
as referred to in Section 6 of the paragraph (3) and the paragraph
(4) and deliver it to the PPATK longest 5
(five) business days since the administrative sanction is set.
(2) The report of the execution of duty by the Directorate General of Bea
and Excise as referred to in paragraph (1)
executed by the Head of the Customs Office.
(3) The Pabean Office Chief Report delivered to
PPATK is exhaled to the Director General of Bea and
Excise.
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(4) Reports as referred to in paragraph (1) contain:
a. information as referred to in Section 3 of the paragraph
(2);
b. notified or not notified;
c. in not being notified, must contain
the caption that the cash and/or Instrument
Other payments were hidden or not
hidden;
d. administrative fines count; and/or
e. Administrative sanction expiration date.
Article 11
PPATK may request additional information from the Directorate
General Customs and Excise regarding the Payback
and/or Other Payment Instruments.
Section 12
(1) The Head of the Pabean Office as referred to in
Section 9 of the paragraph (2) and Section 10 of the paragraph (2) convey
the report to the Chief PPATK electronically or
manual.
(2) More terms on the manner of reporting
Default Money and/or Instrument
Other payments and reporting of sanction imposition
administrative as referred to paragraph (1) is set
with Head of PPATK rules.
BAB III
ADMINISTRATIVE SANCTION AND
DEPLOYMENT TO STATE COFFERS
Section 13
(1) Any person who does not notify the default
Cash and/or Other Payment Instruments
as referred to in Section 2 of the sanctions
administrative fines of 10% (ten
perhundred) of all cash and/or
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Another Payment Instrument was brought with the amount
at most Rp300,000.00 (three hundred million rupiah).
(2) Any person who has notified the default
Cash and/or Other Payment Instrument
as referred to in Section 2, but the amount
cash and/or Other Payment Instruments
brought Greater than the number of notified
is subject to administrative sanction of a fine of 10%
(ten perhundred) of the amount of cash
and/or the Other Payment Instrument brought
with the most number A lot of Rp300,000,00 (three
hundred million rupiah).
(3) The introduction of administrative sanction as referred to
on paragraph (1) and paragraph (2) is conducted by the Customs Officer and
Excise.
Section 14
(1) administrative sanction of the Paying violation
Tunai is calculated from the cash carried.
(2) The payment of administrative sanctions as referred to
on paragraph (1) is done by taking direct from
cash brought in.
Article 15
(1) administrative sanction of the default breach
Another Payment Instrument is calculated from the value
the nominal indicated in the Other Payment Instruments
which are brought in.
(2) The payment of administrative sanctions as intended
on paragraph (1) is done by paying in cash
or any other way of payment approved by the Official
Customs and Excise.
(3) The payment of administrative sanctions as referred to
on the paragraph (2) must be completed in the timeframe
at least 5 (five) business days from the date
notice.
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Article 16
(1) In terms of the default is a combined cash
and Other Payment Instrument, administrative sanction
for such breach is calculated from all
the value of the money cash and other Payment Instruments that
brought in.
(2) The payment of administrative sanctions as referred to
on paragraph (1) is done by paying in cash
or the manner of other payments approved by the Officer
Customs and Excise.
(3) sanction payments The administrative as intended
in paragraph (2) must be completed within 5
(five) business days from the date of notice.
Section 17
(1) In terms of payment as referred to in
Article 14, Section 15, and Section 16 may not be performed
directly then Customs and Excise Officials authorized
cash and/or Payment Instrument
Other brought.
(2) The execution of the affirmation as referred to in
paragraph (1) is accompanied by evidence of an affirmation.
(3) The Enforcement as contemplated In paragraph (1)
performed at most times 5 (five) days of work since
the date of the release of the affirmation.
(4) In terms of affirmation has been done up to
the fifth day, the Customs and Customs Officials are authorized:
A. Refresh directly to the state coffers
in cash which has been confirmed as large as administrative sanctions;
and/or
b. Thawing the existing IBM Payment Instrument
as the amount of administrative sanction to be deployed
to the state coffers.
(5) Cash and/or Other Payment Instruments that
has been affirmed, after minus the payment sanctions
administrative as referred to in paragraph (4),
the rest is reserved for cash carriers and/or
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Another Payment Instrument.
(6) If within 90 (ninety) days
since the end of the terms of the affirmation, the remainder of the cash
and/or Other Payment Instruments as
referred to in paragraph (5) not taken by the carrier, belongs to the state.
(7) In the case of another payment of the Other Payment Instrument not
may be performed, the Customs and Excise Officials reported
to the PPATK.
Section 18
(1) Any person who does not meet the provision
a rupiah cash default as intended
in Section 4 is subject to administrative sanctions accordingly
The Bank of Indonesia Regulation.
(2) Customs officials are authorized to perform an affirmation
and charge administrative sanctions against
a violation of the rupiah cash default provisions
as referred to in paragraph (1).
(3) The introduction of administrative sanctions as referred to
in paragraph (2), done in accordance with the mechanism that
is set in the Bank of Indonesia Regulation regarding
Requirements and Tata How to Bring Rupiah Money
Exit or enter the Customs Territory of the Republic of Indonesia.
Article 19
(1) As proof of the repayment of the sanction payment
administrative, Customs and Customs officials provide the mark
accept to the cash carrier and/or Instrument
Another payment.
(2) The Customs and Excise Officials sealed the administrative sanction
as referred to in paragraph (1) to the state coffers
through the Bank of Devisa Perception.
(3) Further provisions on the governance of the deposit to
the state coffers are governed in the Minister of Finance Ordinance.
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BAB IV
LAIN-OTHER provisions
Section 20
(1) Repayment of foreign currency conversion and/or
Another Payment Instrument into the rupiah currency
which is linked to the threshold the default as
referred to in Article 2 of paragraph (1) using the value of the kurs
specified Minister of Finance.
(2) The conversion of foreign currency conversions into the currency
the rupiah associated with the imposition of administrative sanction
using the current sold date curs value.
(3) In terms of foreign currency and/or Instrument
Another payment used in the default
cash is not present in the value of the date that
specified the Minister of Finance, the designation of an eye conversion
foreign money and/or Other Payment Instruments to
in the currency rupiah is done to the Dollar
United States first before using
the value of the curs set by the Minister of Finance
as it is referred to in paragraph (1).
Article 21
In order for implementation of the provisions as set
in this Government Regulation, the Directorate General of Bea and
Excise authorized to request assistance to Bank Indonesia
and/or agencies other.
BAB V
CLOSING provisions
Article 22
At the time the Government Regulation is starting to apply, the city
international air, international port, and cross-mail
the existing limit before this Government Regulation, it must
already equipped the facility as intended in Section
5 paragraphs (2) in the most recent time of 1 (one) year.
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Article 23
At the time this Government Regulation came into effect, all
regulations governing the default cash default into
and exit of the Indonesian residency were declared fixed
applicable As long as it does not conflict with the Regulation
This government.
Article 24
This Government Regulation shall begin in effect on the date
promulgled.
So that everyone knows it, ordering
the invitational of this Government Regulation with
its placement in the State Sheet of the Republic of Indonesia.
specified in Jakarta
on the date 31 December 2016
PRESIDENT OF THE REPUBLIC OF INDONESIA,
ttd.
JOKO WIDODO
DiundPour in Jakarta
as of December 31, 2016
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd.
YASONNA H. LAOLY
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