Advanced Search

Regulation Of The Minister Of Finance Number 190/fmd. 08/2015 2015

Original Language Title: Peraturan Menteri Keuangan Nomor 190/PMK.08/2015 Tahun 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

THE REPUBLIC OF INDONESIA NEWS

No. 1486, 2015 KEMENKEU. Service Availability Government cooperation. The Agency. Infrastructur.Payment.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 190 /PMK.08/2015

ABOUT

PAYMENT OF SERVICE AVAILABILITY IN ORDER

GOVERNMENT COOPERATION WITH ENTITY

IN THE PROVISIONING OF THE INFRASTRUCTURE

WITH THE GRACE OF GOD ALMIGHTY

THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

TIED UP: that in order to implement the provisions of Article 13

paragraph (5) of the Presidential Regulation Number 38 of 2015 on

Government Cooperation with the Internal Entity

Infrastructure Supplies, need to set the Regulation

Minister Finance on Availability Payments

Services in order of Government Cooperation with

The Entity ID in Infrastructure Supplies;

Given: 1. Law No. 17 of 2003 on

State Treasury (Republican Gazette

Indonesia Year 2003 No. 47, Supplement

sheet of state of the Republic of Indonesia Number 4286);

2. Law No. 1 of 2004 on

State Treasury (Republican Gazette

Indonesia Year 2004 Number 5, Extra Sheet

State of the Republic of Indonesia Number 4355);

3. Government Regulation Number 90 of 2010 on

Drafting of Work and Budget Plans

Ministry of State/Agency (State Sheet

www.peraturan.go.id

2015, No. 1486 -2-

Republic Indonesia Year 2010 Number 152,

Additional Republic of Indonesia State Sheet

No. 5178);

4. Government Regulation No. 45 of 2013 on

Tata cara Implementation of the Income Budget and

State Shopping (State Sheet of the Republic of Indonesia

Year 2013 Number 103, Additional Sheet Country

Republic of Indonesia Number 5423);

5. Presidential Rule Number 38 Of 2015 On

Government Cooperation And Business Agency In

Supply Of Infrastructure (republican Gazette

Indonesia Year 2015 Number 62);

6. Finance Minister Rule Number

190 /PMK.05/ 2012 on Payment Proceed

In Order for The Revenue Budget

And State Shopping;

DECIDED:

SET: THE FINANCE MINISTER ' S REGULATION ON

PAYMENT OF SERVICE AVAILABILITY IN ORDER

GOVERNMENT COOPERATION WITH THE ENTERPRISE ENTITY

IN THE PROVISIONING OF THE INFRASTRUCTURE.

BAB I

provisions of UMUM

Article 1

In Regulation of this Minister referred to:

1. Government and Government Cooperation

further abbreviated KPBU is a cooperation between

government and the Entity in Supplied

Infrastructure for general interest with

refers to the specifications that have been set

earlier by the Minister/Head of the Institution/Head

The State/State Governing Body/Enterprises Agency

Property of the Region, which is partially or entirely

www.peraturan.go.id

2015, No. 1486 -3-

using Enterprise resources with

pay attention to the risk-sharing among the parties.

2. The next Infrastructure Service is called

The service is a public service provided by

The Central Government or the Local Government through

The Managing Business Agency to the public as a

user during The operation could not be saved.

infrastructure by the Managing Board

under the KPBU Agreement.

3. The Service Availability Payment fund is the fund

allocated in APBN or APBD in

order of implementation of the Availability Payment

Service for the KPBU at any budget year.

4. Payment Withdrawal system is the setup of

the payment of the rate from the public as

the Service user specified by the Stage

Answer the Cooperation Project.

5. The Government is the Central Government or Government

Area.

6. Service Availability Payment (Availability

Payment) is a regular payment by

Minister/Head of the Regional/Regional Head to

The current Managing Board of Services

Infrastructure which according to the quality and/or

criteria as defined in the Agreement

KPBU.

7. The Central Government KPBU is a KPBU which

is implemented under the KBPU Agreement between

the Central Government and the Managing Effort.

8. The Local Government KPBU is a KPBU which

is implemented under the KBPU Agreement between

Local Government and the Managing Board.

9. Minister/Head of the Institution is the leadership

Ministry/Head of the Institute or party

delegated to act on behalf of

The Ministry/Instituts under the regulations

legislation, whose scope, duties and

www.peraturan.go.id

2015, No. 1486 -4-

its responsibility includes the infrastructure sector

as set out in the perinvite regulations-

undances regarding Government Cooperation and

The Business Agency in Infrastructure Supplies.

10. The Central Government is the President of the Republic of Indonesia,

which in this case is represented by the Minister/Head

The institute as the Acting Director of the Cooperation Project.

11. The Regional Government is the head of the area as

an organizer of the Government of the Local Government that

leads the implementation of government affairs which

becomes the authority of the autonomous region.

12. Project Manager:

Next

(PJPK) is the Minister/Head

Institution/Regional Head, or Entity Owned

The State/Regional Proprietary Entity as a provider

or infrastructure organizer based on

the laws.

13. The KPBU Agreement is an agreement between PJPK and

The Managing Enterprise Agency in the framework of the Suppliers

Infrastructure.

14. Infrastructure provisioning is the activities that

includes construction work to build or

increase infrastructure capabilities and/or

infrastructure management activities and/or

infrastructure maintenance In order

increased infrastructure expediency.

15. Infrastructure is a technical, physical, system,

hardware and software facility that is required to

perform services to the community and

support the network of structures for growth

economic and social the community can run with

either.

16. An Entity ID is a State-Owled Business Agency,

Local Business Agency, a private enterprise entity

in the form of a limited liability, a foreign legal entity,

or a cooperative.

www.peraturan.go.id

2015, No. 1486 -5-

17. The KPBU Executor entity, subsequently called

The Managing Business Agency, is a Limited Perseroan

established by the auction-winning Enterprises Agency

or directly appointed.

18. Eligibility support is Government Support

in the form of financial fiscal contributions

provided against the KPBU project by

the minister who organizes government affairs in

the finance field and the wealth of the country.

19. An Infrastructure Warranty is a guarantee

for PJPK's financial obligations implemented

under the terms of the settlement agreement.

20. The State Revenue and Shopping Budget that

subsequently abbreviated as APBN is a financial plan

annual state government approved by

The People's Representative Council.

21. State Shopping is the obligation of the Central Government

which is recognized as a degrade of net worth of wealth

consisting of the Central Government's shopping and

Transfer to the Village and Village Funds.

22. Revenue and Regional Shopping Budget

subsequently abbreviated APBD is a financial plan

the annual Regions designated with the Regulations

Regions.

23. Area shopping is all of the Regional obligations that

is recognized as a reduction in net worth of net worth in

the budget year period is concerned.

24. User of the Budget, subsequently abbreviated PA, is

budget usage authority

The Ministry of State/Institution.

25. The next Budget User power is abbreviated

KPA is the official obtaining power from the PA

to carry out a portion of the authority and

the responsibility of budgeting on

the Ministry of State/Institution concerned.

www.peraturan.go.id

2015, No. 1486 -6-

BAB II

PURPOSE AND PRINCIPLE

Section 2

(1) Service Availability payments are

State Shopping or Regional Shopping aiming

for:

a. ensuring the availability of Services that

quality to the community

is continuous, resulting from

The Infrastructure Supplies performed through

KPBU;

b. optimizing the value of APBN/APBD

(value for money); and

c. provides an investment return scheme that

draws an Effort interest to cooperate

with the Government in order to provide

Service to the community via KPBU

as it is referred to in the letter a.

(2) Service Availability Payment is performed with

paying attention to the principles as follows:

a. country ' s financial capabilities (fiscal capacity);

b. fiscal continuity;

c. fiscal risk management; and

d. target accuracy for its use.

BAB III

SCOPE AND CRITERIA

Article 3

(1) Service Availability payments are performed for:

a. The KPBU of the Central Government through the mechanism

APBN; and

b. KPBU Local government through mechanism

APBD.

(2) Availability Payment of the Service as

referred to in paragraph (1) the letter is not provided

www.peraturan.go.id

2015, No. 1486 -7-

for KPBU which has gained Support

Eligibility.

(3) Availability payment of the services performed

by BUMN/BUMD as PJPK follows the mechanism

corporation.

Section 4

Availability payments of the Service are executed for

KPBU which meets the criteria as follows:

a. for economic Infrastructure Suppliers and

Social Infrastructure Suppliers that have the benefits

are great for the community as a Service user;

b. for Infrastructure Services as

referred to in the letter a, whose return

its investment is not obtained from the payment by

the service user to the Entity; and

c. for the KPBU with the Procurement Entity which

is done through a fair election phase,

open and transparent, as well as paying attention to the principle

a healthy business competition.

Article 5

Service Availability payments are done if

Agreement The KPBU is at least a provision

regarding:

a. The output specification and performance indicator that

is objective and measurable for the Services provided

by the Managing Entity for the public;

b. The Availability Payment formula for the IBM SaaS will be the basis for which the Cloud Service can be used for the following Cloud Service offerings. Service Availability payments by the Government

c.q. PJPK to the Managing Entity that

starts after Infrastructure is completed and

is ready to operate;

www.peraturan.go.id

2015, No. 1486 -8-

e. Effective and

transparent payment withdrawal system in terms of the KPBU stipulats that PJPK

is entitled to the payment of the fare from the society

as a Service user; and

f. Service Availability Payment Mechanism by

Government c.q. PJPK to the Managing Business Agency

during the operating period of Infrastructure by the Agency

Managing Effort, which is adjusted to the indicator

top performance Services provided by the Agency

The Managing Effort to the public as user

as referred to in the letter a and the letter d,

that does not depend on the fare as

referred to in the letter e.

BAB IV

BUDGET ALLOCATION

SERVICE AVAILABILITY PAYMENT

Section 6

(1) PJPK may agree to set about

Service Availability Payments in the Agreement

KPBU in order Provision of Infrastructure Services (SaaS)

(2) Based on the formula as referred to in

Section 5 of the letter b listed in the Agreement

KPBU, PJPK is inculting the Payment Fund

Availability of Services in APBN/APBD.

(3) Availability of the Availability Payment Fund

The services as referred to in paragraph (2)

are conducted periodically at any of the budget year

upon the expiration of the Payment Service

Service Availability Based on the KPBU Agreement.

www.peraturan.go.id

2015, No. 1486 -9-

BAB V

IMPLEMENTATION OF SERVICE AVAILABILITY PAYMENTS

Section 7

(1) PJPK carries out Availability Payment

Services to the Managing Acting Agency appropriate

with an agreement in The KPBU deal.

(2) Service Availability payments after

Infrastructure is completed and ready to operate

as well as meet the output specifications and/or

Performance Indicators as referred to in Section

5 letters a based on the KPBU Agreement.

(3) Any implementation of the Availability Payment

Service is conducted in a timely and timely way

with regard to the perinvite rules-

invitations regarding the implementation of the payment

APBN/APBD.

Section 8

(1) In order for the implementation of the Availability Payment

The Service as referred to in Section 7, PJPK

acts as PA.

(2) the PA as referred to in paragraph (1) can

appoint KPA.

Section 9

Against the KPBU executed by the mechanism

Availability payment of the Service, may be provided

Infrastructure warranties in accordance with the regulations

laws regarding Infrastructure Warranty

for the KPBU project.

BAB VI

provisions CLOSING

Article 10

The Regulation of the Minister goes into effect on the date

promulred.

www.peraturan.go.id

2015, No. 1486 -10-

For each person to know, ordered

the invitational of the Union Regulation with

its placement in the Republic of Indonesia News.

Set in Jakarta

on the 6th October 2015

FINANCE MINISTER

REPUBLIC OF INDONESIA,

ttd.

BAMBANG P.S. BRODJONEGORO

promulred in Jakarta

on 8 October 2015

DIRECTOR GENERAL

REGULATIONS

MINISTRY OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

yyyy.

WIDODO EKATJAHJANA

www.peraturan.go.id