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Regulation Of The Minister Of The Ministry Of Regional Development Of The Village, Left, And Transmigration Number 16 2016

Original Language Title: Peraturan Menteri Kementerian Desa, Pembangunan Daerah Tertinggal, dan Transmigrasi Nomor 16 Tahun 2016

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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;

www.peraturan.go.id

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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2016, No. 1431 -3-

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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2016, No. 1431 -4-

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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2016, No. 1431 -5-

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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2016, No. 1431 -7-

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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2016, No. 1431 -8-

(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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2016, No. 1431 -9-

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

www.peraturan.go.id