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Regulation Of The Minister Of State For Administrative Reform And Reform Of The Bureaucracy Is Number 4 2015

Original Language Title: Peraturan Menteri Pendayagunaan Aparatur Negara dan Reformasi Birokrasi Nomor 4 Tahun 2015

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THE REPUBLIC OF INDONESIA NEWS

No. 28, 2015 KEMEN-PAN RB. The gratification. Control.

REGULATION OF THE MINISTER ' S MINISTER OF STATE APPARATUS AND THE REFORM OF THE BUREAUCRACY OF THE REPUBLIC OF INDONESIA

NUMBER 4, 2015 ABOUT

The Gratification Control In The Environment Of The Ministry Of Personnel And Reforms Bureaucracy

WITH THE GRACE OF GOD ALMIGHTY MINISTER OF THE STATE APPARATUS AND

REFORMS OF THE REPUBLIC OF INDONESIA BUREAUCRACY,

DRAWS: A. That in order to realize the civil servant of a civil society that is integrity and clean as well as free from corruption collusion, and nepotism, it is necessary for the control of acceptance and granting of the gratification in the environment of the Ministry of PANRB;

b. that to improve the prevention and provide guidelines for civil service employees in the environment of the PANRB Ministry in the exercise of gratuity control, need to be set up for the reporting of the gratification reporting;

c. that based on The consideration as in the letter a and the letter b, need to establish the Ordinance of the State of Personnel and the Bureaucratic Reforms of the Controlling Control in the Environment of the Ministry of Personnel and Reform. Bureaucracy;

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Given: 1. Law No. 28 of 1999 on the Organizing of Clean and Free State of Corruption, Colusions and Nepotism (sheet Of State Of The Republic Of Indonesia In 1999 Number 75, Additional Gazette Of The Republic Of Indonesia Number 3851);

2. Law No. 31 Year 1999 on Eradication Of Criminal Corruption (State Of The Republic Of Indonesia In 1999 Number 140, Additional Gazette of the Republic of Indonesia Number 3874) as amended by Law No. 20 2001 (sheet State Of The Republic Of Indonesia 2001 Number 134, Additional Gazette Of The Republic Of Indonesia Number 4150);

3. Law No. 30 Year 2002 on Corruption Eradication Commission (State Sheet of the Republic of Indonesia 2002 Number 137);

4. Act No. 5 Year 2014 on Civil Aparregulated State (State Sheet of the Republic of Indonesia Year 2014 Number 6);

5. Government Regulation No. 53 of 2010 on the Discipline of the Civil Servlet Discipline (State of the Republic of Indonesia 2010 No. 74, Additional Gazette of the Republic of Indonesia Number 5135);

6. Regulation of the State Minister of Personnel and Bureaucratic Reform Number 21 of 2012 on the Code of Conduct of the Ministry of State Attendants The State Apparatus and the bureaucratic Reform;

7. Regulation of the State Minister of Personnel and Bureaucratic Reform Number 37 of 2012 on the General Guidelines of Handling Conflicts;

8. Regulation of the State Minister of Personnel and Bureaucratic Reform Number 52 of 2014 on the Guidelines for the Development of the Integrity Zone to the Free Territories of Corruption and Clean Bureaucracy And Serve In The Government Environment;

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DECIDED: Establishing: REGULATION OF THE MINISTER OF ATONEMENT APPARATUS

STATES AND BUREAUCRATIC REFORMS ON THE CONTROL OF GRATIFICATION IN THE ENVIRONMENT OF THE MINISTRY OF AFFAIRS OF THE STATE APPARATUS AND BUREAUCRATIC REFORMS.

BAB I

provisions of UMUM Article 1

In Regulation of this Minister are referred to.

1. The Gratification is given in broad sense, including giving in the form of money, goods, discounts/rabat, commissions, non-interest loans, travel tickets, lodging facilities, travel trips, free medicine and other facilities, as referred to in Law No. 31 of 1999 on the Eradication Of Criminal Corruption as amended by Law Number 20 of 2001 on Changes to the Law No. 31 Year 1999 on Eradication Corruption of Corruption.

2. The Gratification Control Unit, which is subsequently called UPG is an adhoc unit of function or unit located in the Ministry of Personnel's Ministry of Personnel and the Bureaucratic Reforms and is responsible to the Minister of Personnel's Ministry of Personnel and the Ministry of State for the Ministry of Personnel. Bureaucratic Reform.

3. The servants of the State of Personnel, which are called employees, are civil servants, and government employees with employment agreements appointed by the chief of the staff, and for the work of a government office, or in a charge of a government. Other state assignments and salaried under the laws, working in the environment of the Ministry of Personnel Ministry of Personnel and the Bureaucratic Reforms (PANRB).

4. Money/other facilities are uang/barang/ other facilities of any value given by employees/guests in order to influence the policy/decision/treatment of the authorities in any service related to the task, power, or its responsibility.

5. Other entertainment-shaped facilities are all well-shaped objects, which are enjoyed well together with the giver and enjoyed themselves, including but not limited to music,

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film, opera, drama, games, sports and tours, as well as entertainment that violates the norms of decency.

6. Recipients are employees and core families including husbands, wives and children, who work in the Ministry of Personnel's Ministry of Personnel and the Bureaucratic Reforms that receive the gratification.

7. A giver is a person and/or institution both internal and external to the Ministry of Personnel's Ministry of Personnel and the Bureaucratic Reforms that gave uang/barang/service in connection with the acceptance and granting of the gratification.

8. It is the employee who delivers the report or rejection, acceptance, granting, and granting of gift/facility requests or gratification.

BAB II

PREVENTION OF CATIFICATION Section 2

(1) The employees are prohibited from receiving and give everything a form of gratification related to his post and in contrast to his obligations or duties.

(2) Any form of grant, acceptance, rejection of the gratification that relates to his post and opposites to mandatory or mandatory duty is reported.

(3) Acceptance of gratification Non-conscripts are reported to consist of: a. Acceptance related to the task of sanity includes:

1) Reception obtained from official activities such as meetings, seminars, workshops, conferences, training, or other similar activities, such as a seminar kits, certificates and placards/ cinderamata;

2) Reception is officially acquired in the form of a dish/sajian/feast of common common food and drink;

b. Acceptance related to tasks outside of the field includes: 1) acceptance of direct gifts/door prize/draw,

discount/rabat, voucher, point reward, or cinderamata/souvenirs, which are in general and inrelated with kedinasan;

2) acquired for academic or non-academic achievement (surprises/competition) at its own expense and not related to the kedinness;

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3) obtained from the benefit/interest of the funds placement, investment or private share ownership applicable in general and not related to the kedinness;

4) The acceptance obtained from the family relationship Blood in straight line or in line of descent to the side as long as there is no conflict of interest with the recipient of the catification gift, child, birthday, religious/custom activities and tradition and not of Those who have a conflict of interest with the recipient of the pardon.

5) The acceptance obtained from the relationship of the family in straight line or in the line of descent to the side as long as it has no conflict of interest with the recipient of the gratification of the marriage gift, the child's circumcision, the Rebirth years, religious activities/customs and traditions and not from parties that have conflicts of interest with the recipient of the gratification;

6) The acceptance obtained from other parties without familial relations is related to the prize. marriage, child count, birthday, religious activity/customs and traditions with borders High-value Rp1,000.000.00 (one million rupiah) per person.

7) The receipts obtained from other parties are related to the disaster or high disaster Rp1,000.00 (one million rupiah) per person-per-person;

8) Giving each employee a gift in order to be separated, retired, and promotion not in the form of money as high as Rp300,000.00 (three hundred thousand rupiah) per person given; and

9) Other Acceptance Which is not a conflict of interest with the recipient. Gratuity, and not in contact with office, as well as not contrary to its obligations or duties.

CHAPTER III OF THE GRATIFICATION CONTROL UNIT

Article 3

(1) Control of gratification in the Ministry of Pendayagunaan environment The State apparatus and the bureaucratic reformation were carried out by the Minister of State's Ministry of Personnel and the Bureaucratic Reforms.

(2) In performing the control of the gratification as referred to in paragraph (1), the Minister of State of the Union of Aparatur of the State and of the Bureaucracy, and the "Bureaucracy". The Bureaucratic Reforms formed UPG.

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Article 4 (1) UPG consists of:

a. Director; b. Pembina;

c. The chairperson is a member; and

d. Members. (2) UPG directions as referred to in paragraph (1) the letter of a being held

by the Minister of State Personnel and bureaucratic Reform.

(3) The UPG Pembina as referred to in paragraph (1) the letter b is held by the Deputy and the Secretary Ministry of Personnel Ministry of Personnel and bureaucratic Reform

(4) UPG Chairman as referred to in paragraph (1) letter c at the Inspector of the Ministry of Personnel Ministry of Personnel and Bureaucratic Reforms.

(5) UPG Member as referred to in paragraph (1) the letter d is derived from the Functional Auditor of the Environment Inspectorate and other officials are specified.

Article 5

UPG as referred to in Article 3 of the paragraph (2) has the task of controlling the gratification in the environment of the Ministry of Personnel Occupation and the bureaucratic Reform.

Section 6 (1) In carrying out the duties as referred to in Section 5,

UPG directates have a briefing function to UPG to carry out efficient, effective and accountable gratification control processes.

(2) In carry out the task as referred to in Section 5, UPG Pembina has a function coaching to employees in its working unit environment in order to control the gratification through the accuracy, delivery of the message integrity and ethical values periodically, and the application of the supervision of a direct superior in an attempt to prevent and rejected acceptance in connection with the gratification, as well as building a commitment to report the gratification.

(3) In carrying out the duties as referred to in Article 5, the Chairman and Member of UPG have a function:

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a. acceptance of the gratification report, the sorting of the gratification category, and the facilitation of the report of the gratification report to the KPK;

b. Delivery of the KPK Leadership decision on the assignment of the status of the gratification to the recipient and/or the por as well as the storage of proof of deposit of money received from the gratification if it is decided by the KPK to belong to the State;

c. The Ministry of PANRB's policies are associated with the control of the gratification to employees in the environment of the Ministry of PANRB, work partner, third party, stakeholders, and the public in general with the Change Agent. Ministry;

d. The delivery of a report on the performance management of the gratification to the Minister of State Personnel and the Bureaucratic Reforms;

e. evaluation of the effectiveness of policy regarding gratification control in the Ministry environment; and

f. Coordination with the Corruption Pemberantas Commission (KPK).

CHAPTER IV OF THE GRATIFICATION REPORTING MECHANISM

Article 7 (1) The report as referred to in section 2 of the paragraph (2) includes

gratification in the form of money/goods of any value, cinderamata, honorarium, service travel fee be the burden of agencies outside the Ministry of State's Ministry of Personnel and the Bureaucratic Reforms, and/or items that are easily rotten or damaged, such as food, beverage, oleh-by and fruit.

(2) Reports as referred to in paragraph (1) delivered directly to UPG.

(3) The delivery of the Report as referred to in paragraph (1) is delivered in writing by filling out the established form or via email with address: upg@menpan.go.id with evidence of a photo of the gratification form.

(4) The form referred to in paragraph (3) contains:

a. The identity of the snitch consists of the full name and address of the gratification recipient as well as the full name and complete address of the gratification;

b. The office of a civil servant or state organizer of the recipient of gratification as well as the job and office of the gratification;

c. Place and time of acceptance of the gratification;

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d. The description of the type of gratification is accepted; e. The value of the gratification and/or estimation of the price of the goods received;

f. The relationship between the recipient of the gratification with the gratification; g. The reasons for granting gratification and chronological acceptance

gratification.

(5) The form as referred to in paragraph (3) is delivered to UPG no later than 15 (fifteen) calendar days since the receipt, or its rejection by country organizers and employees who have been given access to UPG. concerned.

(6) UPG is required to maintain the confidentiality of the catification data to any party, unless requested under the terms of the invite-invite.

Article 8 (1) UPG is required to accept, record, refine and sort out the category

the catification report. (2) After receiving the gratification report, UPG performs the review

the completeness and content of the gratification report.

(3) If UPG is required to request a statement to the port regarding the completeness of the report data.

(4) Request the description as referred to in paragraph (3) is done in a simple, efficient and effective way.

(5) UPG facilitates the forwarding of the catification report to the KPK to establish its gratification status.

(6) UPG delivered the letter The KPK leader's decision on establishing the status of gratification to the public and retain evidence of the deposit received from the catification if it is decided by the KPK to belong to the State.

Article 9

(1) UPG is obligated to document the entire complete gratification control process in Hard copy or soft copy, from the reporting of the gratification until the follow-up results of the status of the gratification status.

(2) UPG reports the performance of the gratification control to the Minister of State Personnel and the Bureaucratic Reforms of the State of Personnel and Bureaucracy. At least one year in the ground to the KPK.

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CHAPTER V PROVISIONS CLOSING

Article 10 of the Ministerial Regulation shall come into effect on the date of the promulcings.

For everyone to know it, ordered the invitation of this Minister's Regulation with its placement in the News of the Republic of Indonesia.

Established in Jakarta on January 8, 2015 MINISTER PENDAYAGUNAAN APARATUR STATEHOOD AND REFORMS OF THE REPUBLIC OF INDONESIA BUREAUCRACY, YUDDY CHRISNANDI

promulred in Jakarta on 8 January 2015 MINISTER OF LAW AND HUMAN RIGHTS AZASI HUMAN REPUBLIC OF INDONESIA, YASONNA H. LAOLY

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