Key Benefits:
THE REPUBLIC OF INDONESIA NEWS
No. 1431, 2016 KEMEN-DPDTT. Impact Of Interest. Handling.
VILLAGE MINISTER REGULATION, AREA DEVELOPMENT TRAILING, AND
TRANSMIGRATION OF THE REPUBLIC OF INDONESIA
NUMBER 16 YEAR 2016
ABOUT
HANDLING OF IMPACT OF INTEREST IN MINISTRY ENVIRONMENT
VILLAGE, TRAILING AREA, AND TRANSMIGRATION
WITH THE GRACE OF GOD ALMIGHTY
VILLAGE MINISTER, LEFT AREA DEVELOPMENT, AND TRANSMIGRATION
REPUBLIC OF INDONESIA,
Weigh: a. that in order to increase implementation of tata
manage good governance and to improve
the performance of the Village Ministry, Regional Development
Stay, and Transmigration needs to be drafted
to handle clash of interests in the environment
Ministry of Village, Sustainable Regional Development, and
Transmigration;
b. that based on considerations as
referred to in letter a, need to set the Regulation
Minister of the Village, Development of the Settled Area, and
Transmigration about Handling Impact
Interests in the Environment Village Ministry,
Development of Lived Areas, and Transmigration;
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2016, No. 1431 -2-
Given: 1. Law No. 28 of 1999 on
The Clean and Free State of the
Colusion, Corruption, and Nepotism (State Sheet
The Republic Of Indonesia In 1999 Number 75, Additional
The Republic Of State Sheet Indonesia Number 3852);
2. Law No. 31 of 1999 on
Eradication Of Criminal Corruption (Sheet
The State Of The Republic Of Indonesia In 1999 Number 140,
Additional Gazette Republic Indonesia Number
3874) as amended with Invite-
Invite Number 20 of 2001 on Changes to
Act No. 31 of 1999 on
Eradication Of Criminal Corruption (Sheet
State of the Republic of Indonesia 1999 Number 140,
Additional Sheet of State of Indonesia Number
3874);
3. Presidential Decree No. 12 of 2015 on
Ministry of Village, Regional Development, and
Transmigration (State Sheet of the Republic of Indonesia
Year 2015 Number 13);
4. Regulations Minister of the State of Personnel and
Reform of bureaucratic Number 37 of 2012 on
General Guidelines Handling Clash Interests;
5. Village Minister Rule, Regional Development
Stay, and Transmigration Number 6 Year 2015
about the Organization and Workforce of the Ministry of the Village,
Development of Sustainable Areas, and Transmigration
(Republican State News 2015 Indonesia Number
463);
DECIDED:
SET: VILLAGE MINISTER REGULATION, REGIONAL DEVELOPMENT
LEFT, AND TRANSMIGRATION OF HANDLING
CLASH OF INTERESTS IN MINISTERIAL ENVIRONMENT
VILLAGE, BUILDING AREAS LEFT BEHIND, AND
TRANSMIGRATION.
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BAB I
provisions of UMUM
Article 1
In this Ministerial Ordinance referred to:
1. Impact of Interests is a situation where
state organizer in the Ministry environment
has or should be expected to have a personal interest
against any use of authority so that
affects the quality decision and/or
his actions.
2. State Sync in Environment Ministry
is a potential employee who has a potential impact
interests as set in Regulation
Minister of State Personnel and Reform
bureaucracy number 37 2012 of the General Guidelines
Handling Conflicts, including officials,
planners, supervisors, public service executors, and
other officials appointed Minister with financed
Revenue and Shopping Budget Country.
3. The Ministry is the Ministry of the Village, Development
The Lived Area, and Transmigration.
4. The Minister is the Minister who organizes affairs
governments in the area of village development and
rural areas, village community empowerment,
the acceleration of regional development is left behind, and
transmigration.
BAB II
Objective
Article 2
The purpose of this Minister Rule is:
a. As a reference to the State Department in
The Ministry's environment is recognized, preventing
and overcoming the impact of interest in
the execution of tasks and functions;
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b. enhance public services and prevent
state losses;
c. enforce integrity; and
d. enhance the exercise of a clean government
and wive.
BAB III
HANDLING CLASH OF INTERESTS
Part Parts
Shape, Type and Source Importance
Article 3
The shape of the impact of interests that occurred in the Ministry:
a. Acceptance of the gratification or grant/acceptance
the reward of a decision/title;
b. use of office/agency assets for the benefit
personal /golongan;
c. use of office information for the benefit
personal /golongan;
d. Special access is given to a specific party;
e. Surveillance process that does not follow the procedure
due to the influence and expectations of the party
supervised;
f. misuse of office; and/or
g.
Section 4
The type of Interests in the Ministry environment:
a. The policy that is due to the influence/relationship
decad/awarding/awarding the gratification;
b. discriminatory giving;
c. Assumption of employee based on relationship
decat/reciprocity of government officials;
d. A work-based selection is based on a decision that
is not professional;
e. conduct commercialization of public service;
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f. the use of assets and confidential information for
personal interest;
g. be part of the watched party;
h. performing surveillance that does not conform to the norm,
standard, and procedure;
i. be part of a party that has interests
over something assessed; and/or
j. conducting surveillance or assessment of the influence
other parties and not according to norms, standards, and
procedures.
Section 5
The Source of Interests in the Ministry environment:
a. misuse of authority, i.e. employees making
the decisions or actions that do not comply with
the purpose or beyond the confines of the granting
the authority provided by the perinvite rule-
invitation;
b. The capture of the post, which is the employee occupying two or
more public office so as not to run
is professionally, independent and
accountable;
c. Affiliation (private, group) is relationship
owned by an employee with a particular party
either because of the blood relationship, the marital relationship
nor the friendly relationship that
affects its decision;
d. The gratification, which is given in broad sense including
giving money, goods, rabat, commissions, loans without
interest, travel tickets, lodging facilities, travel
tours, free treatment and other facilities;
and/or
e. Organization system flaws, i.e. circumstances that
become an obstacle to the achievement of execution goals
employee authority caused by the structure
and the organization culture that exists.
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Second Part
Country Organizing Responsibility
Section 6
Each Country Organizer is obliged to:
a. play an active role in the impact of interest
in the Ministry environment;
b. uses its authority well with
considering the public interest, interests
employees and various other factors;
c. publish a clash policy of interests;
d. Reports of the potential Interests of Interests
are considered to be at high risk including:
1. Affiliate relationships (private and group);
2. gratification;
3. additional work;
4. people ' s information in;
5. interests in the procurement of goods;
6. the demands of the family and the community;
7. Position in another organization;
8. intervention on the previous post; and
9. Position-capture.
e. avoiding a clash of interests with
doing preventative measures
with decision making.
Section 7
In case there is a potential for Importance Concerns
Organizers Country is prohibited:
a. conduct transactions and/or use of assets
instances for personal, family or
groups;
b. accepting and/or giving gifts/benefits in
any form related to his post in
relation to the working partners, goods providers and services;
c. receive and/or give barang/parcel/uang/equivalent
money or in any form on the holiday
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religious;
d. allowing a third party to provide something in
any form to the governance organizer;
e. receive refund and other personal advantages that
exceed and or are not the right of a hotel or party
either in order of sanity or things
that may lead to a potential clash of interests;
f. be discriminatory, unfair to win
a provider of particular goods/services/working partners
with the intent to receive services rewards for
personal, family and/or group interests;
g. Leverage the data and confidential information agencies to
other party interests;
h. either direct or indirect directly or willfully
participate in the slayer, procuring, or
the rental, which at the time of the deed is done, for
the whole or partially assigned to take care of or
watch him; and
i. make a potential impact impact statement
if it has a blood family relationship in
the core family relationship with the organizers
the government.
Third Section
Mechanism Reporting Suspected Impact
Article 8
(1) Any Employee/Officials in the Ministry environment can
deliver a report of alleged Benturan
The interests performed by the state organizer
in setting out the decision and/or action.
(2) The report as referred to in paragraph (1)
is delivered to the immediate supervisor and/or
supervising supervisor decision orally or writing
with sufficient description and attaching evidence-
related evidence.
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(3) immediate Atasan and/or supervising supervisor
decisions as referred to in paragraph (2)
check on the veracity of the report in time
at least 3 (three) business days.
(4) In the event of the results of the results of the report as
referred to the paragraph (3) is not true, the decision and/or
state organizer actions remain in effect.
(5) In terms of the results of the examination over the report as
referred to on the paragraph (3) right, the decision and/or
the State Organizing action is reviewed back by
direct employer of state organizer in the term
at the slowest 2 (two) business days.
(6) The supervision of the implementation of the results of the results
checks as referred to in paragraph (4) and
(5) is carried out by the Intern Supervision Apparatus
Government.
BAB IV
SANCTION
Article 9
The organizers of the State that committed the breach
as referred to in Article 7 may be subject
sanctions under the terms of the perinvite regulations-
invitation.
BAB V
MONITORING AND EVALUATION
Article 10
Inspectorate General of the Ministry of Village, Development
The Staying Area, and Transmigration conduct monitoring
and periodic evaluations against the implementation of the Regulation
This minister.
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BAB VI
provisions CLOSING
Article 11
The Regulation of the Minister goes into effect on the date
promulred.
So that everyone knows it, ordering
the invitational of the Minister's Rule with its placement
in the Republic of Indonesia News.
Specified in Jakarta
on the 19th August 2016
VILLAGE MINISTER, REGIONAL DEVELOPMENT
TRAILING, AND TRANSMIGRATION
REPUBLIC OF INDONESIA,
ttd
EKO PUTRO SANDJOJO
Reundleted in Jakarta
on the 23rd September 2016
DIRECTOR GENERAL
REGULATION
THE MINISTRY OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd
WIDODO EKATJAHJANA
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