Advanced Search

Government Regulation Number 99 2016

Original Language Title: Peraturan Pemerintah Nomor 99 Tahun 2016

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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);

www.peraturan.go.id

2016, No. 366 -2-

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.

www.peraturan.go.id

2016, No. 366 -3-

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

www.peraturan.go.id

2016, No. 366 -4-

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.

www.peraturan.go.id

2016, No. 366 -5-

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.

www.peraturan.go.id

2016, No. 366 -6-

(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.

www.peraturan.go.id

2016, No. 366 -7-

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.

www.peraturan.go.id

2016, No. 366 -8-

(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

www.peraturan.go.id

2016, No. 366 -9-

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.

www.peraturan.go.id

2016, No. 366 -10-

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

www.peraturan.go.id

2016, No. 366 -11-

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.

www.peraturan.go.id

2016, No. 366 -12-

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.

www.peraturan.go.id

2016, No. 366 -13-

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

www.peraturan.go.id