Advanced Search

Regulation Of The Minister Of State-Owned Enterprises Number Per-03/mbu/02/2015 2015

Original Language Title: Peraturan Menteri Badan Usaha Milik Negara Nomor PER-03/MBU/02/2015 Tahun 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

STATE NEWS

REPUBLIC OF INDONESIA No. 284, 2015 FRANKBUMN. BUMN's Board of Directors.

The Pit Stop. Rapture. Requirements. Tata Cara.

REPUBLIC OF INDONESIA

REPUBLIC OF INDONESIA,

NUMBER PER-03/MBU/02/2015

ABOUT

THE REQUIREMENT, ORDER OF APPOINTMENT, AND THE DISMISSAL OF THE COUNTRY ' S GOVERNING BODY BOARD.

WITH THE GRACE OF GOD ALMIGHTY

MINISTER OF THE COUNTRY ' S GOVERNING BODY OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that the task of the Board of Directors to perform the business of the Company and to represent the company both inside and outside the court is required to be a professional, integrity, dedicated, and competency member of the Board of Directors to carry out the duties and Its responsibilities;

b. that to obtain a member of the Board of Directors as the letter of the above, it has been assigned the State Minister's State Governing Body Number Per-01/MBU/2012 about the Requirements and Order of the Enterprise and the Pit Stop for the Entity. It belongs to the State, as amended in the last few times with the Regulation of the Minister of State-owned Enterprises Number PER-20/MBU/10/2014 dated October 30, 2014;

c. that Ministerial Regulation as referred to

www.peraturan.go.id

2015, No. 284 2

The letter b above, needs to be adjusted to the development needs of the State-Owted Entity Human Resources, by increasing transparency and faster and efficient appointment systems;

d. that based on consideration as indicated on the letter a, the letter b, and the letter c above, need to specify the Minister of State's Enterprise's Regulation on the Requirements, the Order of the Order, and the Stop Governing Body's Board Of Directors Country;

Given: 1. Law No. 19 of 2003 on the State Owned Entity (Indonesian Republic of Indonesia Year 2003 No. 70, Additional Gazette of the Republic of Indonesia No. 4297);

2. Law Number 40 Year 2007 On Limited Perseroan (sheet Of State Of The Republic Of Indonesia Year 2007 Number 106 Additional Republic Of Indonesia States Number 4756);

3. Government Regulation No. 41 of 2003 on Devolution, Duty and Authority of Finance Minister in the Company of Perseroan (Persero), Public Company (Perum) and Company of Services (Perjan) to the State Minister of State-owned Enterprises (sheet State of the Republic of Indonesia in 2003 Number 82, Additional Gazette of the Republic of Indonesia Number 4305);

4. Government Regulation No. 45 of 2005 on Establishment, Governing, Supervision And Dissolution Of The State-owned Venture (sheet Of State Of The Republic Of Indonesia In 2005 Number 117, Additional Gazette Of The Republic Of Indonesia Number 4556);

5. 2009 Presidential Decree No. 47 of the Establishment and Organization of the Ministry of State as amended last with Presidential Regulation No. 13 of 2014;

6. Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, duties, and Functions of the Ministry of State as amended last with the Presidential Regulation No. 14 of 2014;

www.peraturan.go.id

2015, No. 2843

7. Decision of the President of the Republic of Indonesia Number 121 /P of the Year of 2014;

8. The Regulation of the Minister of State-owned Enterprises Number PER-06/MBU/2014 on the Organization and the Working Tata Ministry of BUMN;

Pay attention to: State Minister's Decision of the State of the State of the State Number: SK-194/MBU/09/2014 on Changes to the Regulation Attachment Minister Of State-owned Enterprises Number: PER-06/MBU/2014 On The Organization And Working Tata Of The Ministry Of State-owned Enterprises;

DECIDED:

SET: THE GOVERNING BODY OF THE COUNTRY ' S SECRETARY OF ENTERPRISE ON THE TERMS OF THE REQUIREMENT, THE LAYOUT THE APPOINTMENT, AND THE DISMISSAL OF THE STATE-OWNED BOARD OF DIRECTORS.

Article 1

The service and dismissal of the State-Owed Board of Directors is carried out on the basis of professional principles of professional governance and good corporate governance (Good Corporate Governance).

Section 2

(1) The terms of the requirements and terms of the appointment and termination of the Member of the State Proprietary Entity's Board of Directors are listed in the Attachment that is an inseparable part of this Minister's Regulation.

(2) In case not all shares of State-owned Enterprises are owned by the State, then the terms and conditions as referred to in paragraph (1), apply to the appointment and termination of the members of the Directors representing the State Shareholders of the State Republic of Indonesia.

Article 3

The Minister ' s Ordinance mutatis mutandis applies against the candidate members of a limited liability company whose shares are partially owned by the State of the Republic of Indonesia, specifically for candidates representing the holders of the Republic of Indonesia.

Article 4

With the Ordinance of the Minister this, then:

1. State Minister's State Governing Body's Ordinances PER-01 /MBU/2012 about the Requirements and Governing Manner and Stopping Members Of The State Owned Entity.

www.peraturan.go.id

2015, No. 284 4

2. State Minister of State Regulation Number A-06 /MBU/2012 on the Changes to State Minister of State's Regulation Number A-01/MBU/2012 on the Requirements and Methods of the Rapture and Stop the Member of the Board of Directors State-owned Business.

3. State Minister of State Regulation Number PER-16 /MBU/2012 on the Second Amendment of State Minister of State Regulation Number PER-01/MBU/2012 on the Requirements and Methods of the Rapture and Stop the Members of the Board of Directors State Owned Entity.

4. The Minister of the State-owned Enterprises Minister Number A-09 /MBU/2014 on the Third Amendment to the State Minister of State's Regulation Number A-01/MBU/2012 on the Requirements and Methods of the Rapture and Stop the Board of Directors of the Board of Directors State-owned Business.

5. The Regulation of the Minister of State Governing Body Number Per-20/MBU/10/2014 on the Fourth Amendment to the State Minister of State's Regulation Number A-01/MBU/2012 on the Requirements and Methods of the Rapture and Stop the Member of the Board of Directors State Owned Entity.

6. Letter of Edaran Number SE-12/MBU/Wk/2012 on 12 Competency Indicators In Assessment Test For The BUMN Executive Candidate.

revoked and declared no longer valid.

Article 5

The Minister ' s Regulation is beginning to apply to the date of the undrased.

www.peraturan.go.id

2015, No. 2845

For everyone to know it, ordering the Minister of the Union Regulation by its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 17 February 2015

MINISTER STATE OWNED ENTERPRISE

REPUBLIC OF INDONESIA,

RINI M. SOEMARNO

PROMULRED IN JAKARTA ON FEBRUARY 18, 2015

MINISTER OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

YASONNA H. LAOLY

www.peraturan.go.id

2015, No. 284 6

ATTACHMENT

STATE GOVERNING BODY MINISTER REGULATION

NUMBER: PER-03/MBU/02/2015

ABOUT

THE REQUIREMENT, ORDER OF APPOINTMENT, AND DISMISSAL OF MEMBER OF THE COUNTRY ' S GOVERNING BODY BOARD OF DIRECTORS

www.peraturan.go.id

Perum' s directors, namely:

1. individual persons;

2. able to carry out the legal deeds;

3. never specified pailit;

4. never been a Member of the Board of Directors or a member of the Board of Commission/Supervising Board of the Regents guilty of causing a BUMN and/or the Company to be declared pailit;

5. was never convicted for committing a criminal offence of state financial harm, BUMN, and/or the Company.

B. MATERIEL REQUIREMENTS

BUMN 's Board of Directors' material requirements, namely:

1. expertise;

2. integrity;

3. leadership;

4. experience;

5. honestly;

6. good behavior; and

7. a high dedication to advancing and developing the company.

C. OTHER REQUIREMENTS

Other requirements of BUMN ' s Directors are as follows:

1. not a Political Party administrator and/or a prospective legislative member

www.peraturan.go.id

2015, No. 28411

and/or Legislative members. Candidates for legislative or legislative members consist of the candidates/members of the House, DPD, DPRD Level I, and DPRD Tier II;

2. not candidate head/deputy head of area and/or head/deputy head of the area;

3. does not serve as a Board of Directors in the corresponding BUMN for 2 (two) consecutive periods;

4. has a dedication and provides a full time to do its job; and

5. Physical and spiritual health (not suffering from a disease that can inhibit the execution of duties as a BUMN), as evidenced by the healer's letter of the Doctor.

www.peraturan.go.id

2015, No. 284 12

BAB III

TATA CARA APPOINTMENT

A. THE PROSPECTIVE SOURCE

The BUMN candidate ' s potential source of directors comes from:

1.Directors of BUMN;

2.Board Commissioners/Supervising Board of BUMN;

3.Talenta BUMN consisting of:

a. officials one level under the Board of Directors or officials who have a special achievement;

b. Directors of subsidiary BUMN/joint venture BUMN;

4.Talenta Ministry of BUMN;

Another 5.Source consisting of:

a. Other BUMN officials; and

b. Other sources.

B. NETWORK

1. The Minister, the Secretary, Technical Deputy, and/or the Deputy are looking for prospective candidates, with regard to the following:

a. The candidate for Talenta BUMN, proposed through the Board of Commissioners/Supervising Board.

b. The Minister, Secretary, Technical Deputy, and/or the Deputy may assign a candidate for Talenta BUMN without the proposal of the Board of Commission/Supervising Board if seen as having a good achievement.

c. Bakan a candidate from the Talenta Ministry of BUMN, proposed through the Secretary.

d. Prospective candidates are from the Board of Directors, the Board of Commissioners/Supervising Board, and/or Other Sources may submit a proposal to or be proposed directly by the Minister, the Secretary, Technical Deputy, and/or the Deputy.

e. The network will be the primary candidate for Talenta BUMN.

2. Special to the open BUMN, the future candidate of the Talenta BUMN must be proposed through the Board of Commissioners. If the Minister sees there is a potential candidate who has the potential to be a member of the Board of Directors, but not in the list of names proposed by the Council of Commissioners, the Minister may request the Board of Commissioners to conduct an assessment of in question and if qualified to be proposed to the Minister.

www.peraturan.go.id

2015, No. 28413

3. All will be candidates administered by the Deputy.

C. UKK

1. Prospective candidates will be appointed to be members of the Board of Directors, a person who has been declared to meet the Formal Requirements and Other Requirements and pass the UKK.

2. Evaluation of the fulfillment of formal requirements and other requirements is carried out by the Deputy. In the case of the Deputy does not have sufficient data and/or information, the proof can be done by signing a statement of the fulfilment of the Formal Requirements and the Other Requirements by the will of the candidate in question.

3. UKK against the future candidate is conducted by the professional institution appointed by the Minister.

4. UKK can also be performed by a Team formed by the Minister without going through a professional institution.

5. The dimensions of the assessment in UKK are as well as Appendix I.

6. Against certain BUMN established by the Minister, the candidate of the Principal Director should also meet the global standard criteria.

7. Recommendations for assessment results are categorized as follows:

Classification rates

> 2.83 Suggest (D)/other terms equated

2.58 s.d. 2.83 Suggest with Development (DP)/other terms equated

< 2.58 Not recommended (TD) /other terms equated

8. The value scale is the weighted average result of the rating scale of the assessment of each aspect of personal quality that is assumed to have the same weight.

9. Candidates are expected to pass the UKK in the event of a suggested recommendation (D) /other terms that are equated or Suggest with the Development (DP) /other terms equated.

10. Excluded from the provisions of the number 9, specifically against prospective candidates from the Board of Commissioners/Supervising Board of BUMN and Other Sources of other source elements, are declared to pass the UKK if Suggest a Recommend Recommend (D) /other term equated.

www.peraturan.go.id

2015, No. 284 14

11. The term of the assessment results is for 2 (two) years counting from the date the UKK results are published.

12. The reappointment of a member of the Board of Directors at the same position in one BUMN, may be performed without a UKK, if assessed properly during his term, which is based on the achievement of performance targets. company, team compacing, Integrity, and track record (track record). Presentation of the results of the assessment can be performed in a qualitative narrative form.

13. UKK towards prospective members of the BUMN Board of Directors and/or former BUMN Directors other than those that are 12, can be performed by the Team by evaluating the achievement of the company's performance targets, Team compaceness, Integrity, and record footprint (track record) is concerned during the run of its duties as the BUMN ' s Directors. The presentation of UKK results can be done in the form of qualitative narrative.

14. Before a person is assigned to a Board of Directors, the Minister can conduct an evaluation of the results of the UKK professional or Team. Evaluation of the results of UKK professional institutions can be carried out through the Team formed by the Minister.

15. Special for the Bank of BUMN, the future candidate will be submitted in the RUPS, evaluated by a Team formed by the Minister by engaging the Chairman of the Committee of the Board of Commissioners performing the Nomination function. If the Chairman of the Board of Commissioners is intended to be impeded, it can be replaced by a member of the Committee of the Independent Commissioners performing the Nomination function.

16. Specifically for the open BUMN other than the Bank, the candidate will be submitted in the RUPS, evaluated by a Team formed by the Minister by involving the Chief Commissioner or Chairman of the Board of Commissioners who perform the Nomination function.

D. PROFESSIONAL INSTITp>

1. In the case of the Minister's assessment there is an urgent state, the Minister is able to undertake the appointment of a temporary member of the Directors, without the

2. The appointment of a definitive member of the Board of Directors to replace the members of the Board of Directors, as referred to in number 1, is conducted by guidelines on the Regulation of this Minister and the provisions of

3. In terms of the members of the Directors while set to be definitive, then the term of office is concerned as a temporary member of the Directors, taken into account to determine the term.

www.peraturan.go.id

2015, No. 28423

D. SET THE WAY OF A PROPOSAL IN A STOP BY INFORMATION TECHNOLOGY AT THE ALBUM MINISTRY.

The administrative process in the BUMN Ministry ' s environment in the appointment/dismissal of members of the Directors may be conducted using the information technology applicable in the BUMN Ministry environment.

Set in Jakarta

on February 17, 2015

MINISTER

STATE BUSINESS ENTITY

RINI M. SOEMARNO

www.peraturan.go.id

2015, No. 284 24

DIMENSION RATING IN UKK

A. The assessment dimension consists of:

1. Personal quality;

2. Experience, which is a track record (track record);

3. Expertise;

B. The personal quality aspect assessment consists of (domestic standard):

1. Personal aspect: integrity, enthuasiastic, innovation & creativity;

2. Interpersonal skills: building business partnership;

3. Managing the business: business acumen, customer focus, strategic orientation, driving for result;

4. Leadership skills/making other succeed, visionary leadership, aligning performance for success, change leadership, empowering.

No Name Competency Definition

1. Integrity The ability follows the rules despite having to sacrifice a portion of his personal interests. Emphasis on honesty; maintaining and improving social ethics in running business activities both in both internal and external environments.

2. Enthusiastic Full of energy and life, may be impulsive, passionate, spontaneous, cheerful, taking risks, likes to require stimulation-stimulation and looking for challenges as well as tend not to get bored easily

3. Innovation and creativity

The ability to generate and implement innovative solutions that are innovative to address the various

Attachment I

Minister Regulation

Country-owned Business Agency

Number: PER-03/MBU/02/2015

Date: 17 February 2015

www.peraturan.go.id

2015, No. 28425

No name competency definition

job challenges; perform inroads in the form of ideas; real ideas or programs that support the achievement of the organization's best performance; making constraints as a challenge to generate a creative idea.

4. Building Business Partnership

The ability to identify and develop relationships with stakeholder keys representing broad functions and levels; using informal networks to complete work; build a network Strong external people with people in the industry or the profession.

5. Business Acumen The ability to leverage opportunities in acquiring profits and developing company business activities

6. Customer Focus The ability to proactively provide more and more valuable services than an external or internal customer is expected.

7. Strategic Orientation

A comprehensive understanding ability of various things that affect the strategic direction of BUMN

8. Driving Execution The ability to have confidence to take decisions effectively by exploiting a particular approach, and being able to ensure that decision is invoked as it should to achieve a goal that has been specified.

9. Visionary Leadership

The ability to move or influence others and the kelopmok through the organizational values and systems based on a clear vision and

www.peraturan.go.id

2015, No. 284 26

No Name Competency Definition

challenged

10. Aligning Performance for Success

The ability to focus and guide others in completing work goals

11. Change leadership The ability to continuously search (or encourage others looking for) opportunities to conduct different and innovative approaches to tackling issues and opportunities-opportunities organization; facilitating the implementation or assisting use of knowledge (from larger or outside organizations) to identify potential problems or opportunities-improvement opportunities; facilitating self-needs alone and others to get a better way in employment issue.

12. Empowering Ability empowers staff through greater authoring of authority so they feel more capable and motivated.

C. Assessment Results:

1. Rating scale rating: 1 s/d 5

Very Good at

(5) has the ability to be at a very good level (far above average) and can always show achievements without requiring direction

Good-good (4) have capabilities that are at a good level (exceeding flat-average) and may indicate accomplishments without requiring direction

(3) have sufficient (average) capabilities and can show achievements even though it is still must be directed

www.peraturan.go.id

2015, No. 28427

less (2) has the ability to be at a lower level (below average) and new to that of a strong/large effort from the company as well as from the concerned

The Very Less

(1) Has the capability to be at a very low level (far below average) and is very difficult to expect to be accomplished.

2. A personal quality aspect assessment mechanism is performed as follows:

Classification Rating Scale

1 Shows 1 key behavior

2 Shows 2 key behaviors

3 Shows 3 key behaviors

4 Shows 4 key behavior

5 Shows 5 key behaviors

The assessment is done by not paying attention to the number of key behavior sequences in the table attachment 2

Specified in Jakarta

on 17 February 2015

MINISTER

STATE ENTERPRISE ENTITY

RINI M. SOEMARNO

www.peraturan.go.id

V

LAIN-LAIN

A. EMPLOYEE BECOMES BOARD

1. A BUMN employee who is appointed to the Board of Directors at the BUMN in question of work or other BUMN, is concerned to retire as a BUMN employee with the highest rank on the concerned BUMN (BUMN where the employee is concerned) be an employee), accounting since the concerned is appointed to the Board of Directors.

2. For retired employees with the highest rank due to serving as a Board of Directors, it is granted a pension right to the highest category under the company provision.

B. SECRECY

1. The Assessment process and results are confidential and only used by the Ministry of BUMN in the framework of BUMN's coaching and supervision.

2. Officials and employees of the BUMN Ministry, as well as any party are prohibited from leaking the Assessment results.

3. Assessment results can only be provided for the Minister's approval if requested by the authority in order to perform the obligations under the applicable laws.

4. Violations of the provisions as referred to in numbers 1, 2 and 3, are subject to sanctions based on the rules of the applicable law.

C. APPOINTMENT OF TEMPORARY BOARD MEMBER