Regulation of the Minister of Finance No. 220/PMK.05/2010 concerning procedure for provision, disbursement, management and accountability of land acquisition revolving fund for highway

GOVERNMENT REGULATIONS PROCEDURE FOR PROVISION, DISBURSEMENT, MANAGEMENT, AND ACCOUNTABILITY OF LAND ACQUISITION REVOLVING FUND FOR HIGHWAY (The Regulation of Minister of Finance Number 220/PMK.05/20 10, 15 December 201 O) BY THE GRACE OF ONE AND ALMIGHTY GOD THE MINISTER OF FINANCE, Considering: a. that in order to smoothen the process of land ac quisition to build highway, in the State Budget has been allocated revolving fund as land acquisi tion fund: b. that for the revolving fund for land acquisition managed by Working Unit of Public Service Ayerl cy of Secretariat Funding Department of High way Management Agency can be implemented transparently and accountably accordingly to regulations for state financial management, it is considered necessary to regulate procedure for provision, disbursement, management and ac countabilitv of land acquisition revolving fund for highway; c. that' based on corieide ration as meant at point a and point b, it is necessary to stipulate Regulation of Minister of Finance concerning Procedure for Provision, Disbursement, Management and Ac countabilitv of Land Acquisition Revolving Fund for Highway; In view of: 1. Law Number 17 Year 2003 (BN No. 6913 page 16B-20B and so on) concerning State Finance (State Gazette of Republic of Indonesia Year 2003 Number 47, Supplementary State Gazette of Republic of Indonesia Number 4286); 2. Law Number 1 Year 2004 (BN No. 7031 page 13R-14R and xo on) conr:ernino State Treasury (State Gazette of Republic of Indonesia Year 2004 Number 5, Supplementary State Gazette of Republic of Indonesia Number 4355); 3. Law Number 15 Year 2004 (BN No. 7120 page 1B-6B) concerning State Finance Management and Accountability Evaluation (State Gazette of Republic of Indonesia Year 2004 Number 66, Supplementary State Gazette of Republic of Indo nesia Number 4400); 4. Law Number 47 Year 2009 (BN No. 7927 page, 2B-l5B) cuncerninq State Buuyet 2010 (State Gazette of Republic of Indonesia Year 1997 Number 156, Supplementary State Gazette of Republic of Indonesia Number 5075). as has been amended with Law Number 2 Year 2010 (State Gazette of Republic of Indonesia Year Business News 8175,817611 1I2011 21 GOVERNMENT REGULATIONS 2010 Number 69, Supplementary State Gazette of Republic of Indonesia Number 5132); 5. Government Regulation Number 23 Year 2005 IBN No. 7249 page 3B-1 OBI concerning Financial ManaoemF!nt of Public Service Agency (State Ga zette of Republic of Indonesia Year 2005 Number 48, Supplementary State Gazette of RepUblic of Indonesia Number 4502}; 6. Presidential Decree Number 42 Year 2002 {BN No. 6794 page 3B-15B) concerning Implementa tion Guidelines' of State Budget IState Gazette of Republic of Indonesia Year 2002 Number 73, Supplementary State Gazette of Republic of In donesia Number 42121. as has been amended with Law Number 72 Year 2004 [State Gazette of Republic of Indonesia Year 2004 Number 92, Supplementary State Gazette of Republic of Indo nesia Number 44181; 7. Presidential Decree Number 56/P Year 2010 (BN No. 7998 page 17B); 8. Regulation of Minister of Finance Number 171 I PMK.05/2007 concerning Accounting and Finan cial Reporting System of Central Government; 9. Regulation of Mlnister of Finance Number 76/ PMK.OSj200B concerning Accounting and Finan cial Reporting Guidelines of Public Service Agen cy; 10. Regulation of Minister of Finance Number 991 PMMK.05/200B concerning Revolving Fund Man agement Guidelines in State Ministry/Institution as has been amended with Regulation of Minister of Finance Number 21 B/PMK.05/2009 concern ing Amendment upon Regulation of Minister of Finance Number 99JPMK.05/2009 concerning Revolving Fund Management Guidelines in State Ministry /lnstitlltion; DECIDED: To stipulate : REGULATION OF MINISTER OF FINANCE CONCERN ING PROCEDURE FOR PROVISION, DISBURSEMENT, MANAGEMENT, AND ACCOUNTABILITY OF LAND ACQUISITION REVOLVING FUND FOR HIGHWAY. CHAPTER I GENERAL PROVISION Article 1 In trus Regulation ot Minister of Finance, there are definitions as follows: 1. Land Acquisition Revolving Fund for Highway, next mentioned as Land Acquisition Revolving Fund, is revolving fund for highway land acquisi tion as bailout fund to smoothen process of land acquisition to build highway derived from State Budget. 2. Ministry of Public Works is the ministry that works on government affairs in public works field. 3. Working Unit of Public Service Agency of Sec retariat Funding Department of Highway Man agement Agency, next mentioned as Satker BLU Secretariat Funding Department of BPJT, is gov 2 Business News 8175·8t7611t·2·2Ql1 GOVERNMENT REGULATIONS ernment working unit in Ministry of Public Works Second Part that applies financial management pattern of Pub lie Service Agency that runs Land Acquisition Re volving Fund. 4. Business Plan and Budget, next abridged as RBA, is the annual business planning and bUdgeting document that contains programs, activities per formance target, and budget of a Public Service Agency. 5. Budget Implementation Entry List, next abbreviat ed as DIPA, is budget implementation document arranged by Budget User/Budget User Authority and ratified by Director General of Treasury or Head of Regional Office of Directorate General of Treasury on behalf of the Minister of Finance as State General Treasurer. 6. State General Treasurer (BUNI is the official who has been assigned to carry out the duties of state general treasurer. CHAPTER II PROVISION OF LAND ACQUISITION REVOLVING FUND First Part General Article 2 I (1) Minister of Finance as BUN is Budget User iPA) upon Land Acquisition Revolving Fund. {21 Leader of Satker BLU of Secretariat runding De Provision of Land Acquisition Revolving Fund from the State Budget Article 3 (1) Minister of Public Works Based on proposal from the Leader of Satker BLU of Secretariat Funding Department of RPJT submits proposal for the is suance of Letter of Appointment for Budget Unit per Working Unit (SP-SAPSKl to the Minister of Finance. {2} Proposal for SP-SAPSK/SP-RKA issuance as meant at paragraph (1) IS attached with RBA that contains activities financed from BA of Ministry of Public Works (BA 033) and SA BUN. (3} Based on proposal for SP-SAPSK/SP-RKA iss u ance as meant at paragraph (1}, of Director Gen eral of Budget of Ministry of Finance issues SP SAPSK/SP-RKA. (4) SP-SAPSK/SP-RKA as meant at paragraph (3) is submitted by Director General of BUdget of Minis try of Finance to: a. Leader of Satker BLU of Secretariat Funding Department of BPJT through Minister of Public Works; b. Director General of Treasury of Ministry of Fi nan r.1'' {5} Director General of Budget of Ministry of Finance submits copy of SP-SAPSK/SP-RKA as meant at I partment of BPJT is Budget User Authority (PAl I paragraph (3} to the Director General of State As upon Land Acquisition Revolving Fund. ~~ sets 01 Min\s"\TY oi Finance. Business News 8175-8176111-2-2011 23 GOV£nNMENT REGULATIONS (6) Based on SP-SAPSK/SP-RKA as meant at para graph (3), the Leader of Satker BLU of Secretariat Funding Department of BPJT as KPA BUN arrang es the concept of DIPA of Land Acquisition Re volving Fund (BA BUN) and submits it to Director General of Treasury of Ministry of Finance to be ratified. (7) DIPA of Land Acquisition Revolving Fund (BA BUN) that has been ratified as meant at paragraph (6) becomes the base for the disbursement of Land Acquisition Revolving Fund from State Gen eral Fund Account to Satker BLU of Secretariat Funding Department of BPJT Account. (8) Director General of Treasury of Ministry of Fi nance submits copy of DIPA of Land Acquisition Revolving Fund (BA BUN} that has been ratified to the Director General of State Assets of Ministry of Finance. Third PDrt Provision of Land Acquisition Revolving Fund from the Revenue and/or BLU Grant Article 4 Additional for Land Acquisition Revolving Fund principelcan come from: a. Revenue of Satker BLU of Secretariat Funding De partment of BPJT activities; and/or b. Grant. Article 5 (1) Minister of Finance can decide the additional for Land Acquisition Revolving Fund principal derived from revenue from the activities of Satker BLU of Secretariat Funding Department of BPJT as meant in Article 4 point a, (2} The Stipulation of Minister of Finance as meant at paragraph (1), based on the proposal from Minis ter of Public Works by considering liquidity posi tion and working plan of Satker BLU of Secre tariat Funding Department of BPJT. Article 6 (1} Additional for Land Acquisition Revolving Fund principal as meant in Article 4 is allocated in DJPA of Land Acquisition Revolving Fund (BA BUN) and included as Financing Expenses in State Budget. (2} In case the process of budget arrangement has been done including the decision for State Bud get, additional for Land Acquisition Revolving Fund principal is proposed to be included as Fi nancing Expenses in Revised State Budget. Article 7 Ceiling of Land Acquisition Revolving Fund in DIPA of Land Acquisition Revolving Fund (BA BUN) is the highest expense limit that cannot be exceeded. CHAPTER III DISBURSEMENT MECHANISM OF LAND ACQUISITION REVOLVING FUND Article 8 (1) Leader of Satker BLU of Secretariat Funding De partment of BPJT as KPA of Land Acquisition GOVERNMENT ReGULATIONS Revolving Fund issues decision to appoint: a. Commitment Maker Official (PPK} that is the official granted with authority to carry out actions that will cause expense of financing budoet from DJPA of Land Acquisition Revolv ing Fund (BA BUN): b. Signatory Officiol of Letter of Payment In struction ISPM), which is the official granted with authority to test the request of Land Ac quisition Revolving Fund payment and to sign the SPM; and (2} Copy of stipulation letter as meant at paragraph 11}is submitted to Head of State Treasury Service Office (KPPN) Jakarta II, Directorate General of Treasury of Minister of Finance. Article 9 11) Based on allocation of DIPA of Land Acquisition Revolving Fund (BA BUN), PPK proposes Request Letter tor Direct Payment (SPP LS) of Land Ac quisition Revolving Fund to Signatory Official of SPM. (2) SPP LS as meant at paragraph (1) is attached by with the Fund Utilization Plan for 6 (six) months needs. Article 10 (1) Signatory Official of SPM carries out test upon spp LS as mearrt in Article 9 and then issues Di (2) SPM LS of Land Acquisition Revolving Fund as meant at paragraph (1} is submitted to KPPN Ja karta \I of Directorate General of Treasury of Min iste r of Finance by attaching: a. Statement Letter of Absolute Responsibility (SPTJML which is made as decided format on Attachment I as an inseparable part of this Regulation of Minister of Finance, and b. Fund utrnzetton Plan for 6 (six) months needs, which is made as format decided 011 Attach merit II as an inseparable part of this Regula tion of Minister of Finance. (3) Based on SPM LS of Land Acquisition Revolving Fund as meant at paragraph (2), KPPN Jakarta II of Directorate General of Treasury of Minister of Finance issues Fund Disbursement tnstruction Letter (SP2D) for profit account of Satker BLU of Secretariat Funding Department of DPJT. Article 11 Disbursement of Land Acquisition Revolving Fund is done follOWing these rules: a. First stage, disbursed accordingly to Fund Utiliza tion Plan as meant in Article 10 paragraph (2). b.. Next stage. disbursed accordingly to needs if cu mulative balance in the account that receive Land Acquisition Revolving Fund is 1t maximum 10% (ten percent) from Land Acquisition Revolving Fund disbursed in related fiscal year. which truth rect SPM (SPM LSI of Land Acquisition Revolving. stated in SPTJM as meant in Article 10 paragraph Fund. . ~L~2)~ Business News 8175·8176111+2011 25 Article 12 GOVERNMENT REGULATION~ Distribution (1) Upon the rest of ceiling of undisbursed fund in Article 13 DIPA of Land Acquisition Revolving Fund (SA I (1) Land Acquisition Revolving Fund is distributed by BUN) up to the rest of fiscal year, PPK can sub- Satker BLU of Secretariat Funding Department of mit SPP LS of f)IPA o! Land A~qLJisltionRevolving BPJT to the receiver of Land Acquisition Revolv Fund (BA BUN) to Signatory Official of SPM by ing Fund. l:IUac,;hing documents as meant in Article 10 para- (2) Distribution procedure for Land Acquisition Re graph (2). volving Fund as meant at paragraph (1) is regu (2) Based on SPP LS as meant at paragraph (1). Sig- lated by Minister ot Pubhc Works. natory Official of SPM of Satker BLU of Secretari at Funding Department of BPJT can issue SPM LS Second Part of Land Acquisition Revolving Fund to disburse Management the rest of the ceiling in DIPA of Land Acquisi- Article 14 tion Revolving Fund (BA BUN) by attaching docu- (1) Upon distributed Land Acquisition Revolving ments as meant in Article 10 paragraph (2). Fund to the receiver of Land Acquisition Revolv (3) Based on SPM LS of Land Acquisition Revolving ing Fund, the leader of Satker BLU of Secretariat Fund as meant at paragraph (2), KPPN Jakarta Funding Department of BPJT/appointed official to II of Directorate General of Treasury of Minister cerry out collection to Business Entity. of Finance issues Fund Disbursement Instruction (2) Business Entity as meant at paragraph (1) is legal Letter (SP20j torprotit account ot Satker BLU ot entity that run business in highway concession Secretariat Funding Department of BPJT. field. (4) Deadline for submission of SPM LS of Land Ac- \ (3) Collection of Land Acquisition Revolving Fund as quisition Revolving Fund as meant at paragraph (2) to KPPN Jakarta II of Directorate General of Treasury of Minister of Finance, is following the laws that regulate steps of end of fiscal year. CHAPTER IV DISTRIBUTION AND MANAGEMENT OF LAND ACQUISITION REVOLVING FUND First Part meant at paragraph (1) involves principal return along with revenue in the form of interest/profit share and/or other products. Article 15 Principel refund of Land Acquisition Revolving Fund is used to revolve Land Acquisition Revo[v (ng funt) ago' . 6 Busjness News 8175-8176111-2-2011 GOVtRNMI:HI RI:.GULATlON; Article 16 Revenue from Land Acquisition Revolving Fund in the form of interest/profit share, and/or other products as meant in Article 14 paragraph (31. can be user! for oparatiorial nep.r!s and/or for ariditinnal nf Land Acquisition Revolving Fund principal. Article 17 (1) Satker BLU of Secretariat Funding Department of BPJT can manage financing principal balance re ceived from State Budget but not yet distributed to the receiver of revolving fund as long as it does not disturb fund distribution plan. (2) Financing principal balance received from State Budget as meant at paragraph (1) can only be used for Land Acquisition Revolving Fund ex pense. (3) Revenue from management of financing principal balance as meant at paragraph (1) can be used for operational needs and/or additional of Land Ac quisition Revolving Fund principal. Third Part Accountability Article 18 Implementation and accountability upon dis tnoutron and management of Land Acquisition Re volving Fund is fully the responsibility of Minister of Public Works. CHAPTER V FINANCIAL REPORT AND AUDIT Article 19 (1) Leader of Satker BLU of Secretariat Funding Depart ment of BP.JT as KPA that runs I and ACfjui!lition Revolving Fund is obliged to organize accountancy upon Lht: menaqernent of Land Acquisition Revolv ing Fund in order to arrange financial report accord ingly to Financial Accounting Standards/F AS (SAK). (2) Financial report accordingly to SAK as meant at paragraph (1) consists of wholly transactions from DIPA of Satker BLU of Secretariat Funding Department of BPJT and DIPA of Land Acquisi tion Revolving Fund (BA BUN), submitted to Di rector General of Treasury c.q. Director of Finan cial Management Development of BLU. (3) For consolidation purpose with Financial Report of Ministry of Public Works, Leader of satker BLU of Secretariat Funding Department of BPJT arranqes and submits Financial Report of BA 033 accord ingly to Government Accounting Standards/GAS (SAP) to higher vertical working unit attached with Financial Report according to SAK as meant at paragraph (1). (41 Transaction loaded ,in Financial Repnrt nf SAP as meant at paragraph (3) is the whole transaction of DrPA of Satker BLU o( Seureteria t Funding De partment of BPJT (BA 0331, including transaction upon revenue of interest income/profit share and/ or other products of Land Acquisition Revolving Fund (BA BUN). Business Nf!!'WS 8175·817611 1-2-2011 27 GOVERNMENT REGULATIONS (5) Financial Report of SAP as meant at paragraph 13} consists of Budget Realization Report (LRA), Bal ance, and Records upon Financial Report (CalK) and attached with whole accounts list of Satker BLU of Secretariat l=unding Department of BPJT, (6} Satker BlU of Secretariat Funding Department of BPJT submits financial report as meant at para graph (1) and (3) periodically accordingly to the laws and regulations. Article 20 (1) For consolidation purpose with Financial Report of BA BUN, leader of Satker BlU of Secretariat Funding Department of BPJT arranges and sub mits financial report of DIPA of Land Acquisition ReVOlving Fund (BA BUN) accordingly to SAP to Minister of Finance as BUN c.q. Director General of State Asaets attached with financlet report <;1(; cording to SAK as meant in Article 19 at para graph (1). (2) Satker BLU of Secretariat Funding Department of BPJT submits financial report as meant at para graph (1} periodically accordingly to the laws and regulations. Article 21 !n the frame of finanelal rp,port arrangement according to SAP as meant in Article 19 paragraph (3) and Article 20 paragraph (1), accountancy for tr ens action of Land Acquisition Revolving Fund is as fol lows: a. Expense for land Acquisition Revolving Fund derived from State Budget Financing allocated in DIPA of Land Acquisition Revolving Fund (BA BUN} and acknowledged as Financing Expenses presented in Budget Realization Report of BA BUN. b. Expense for Land Acquisition Revolving Fund derived from additional for land Acquisition Re volving Fund principal allocated in DIPA of Land Acquisition Revolving Fund IBA BUN} and ac knowledged as Financing Expenses presented in Budget Realization Report of BA BUN. c. Land Acquisition Revolving Fund derived from withdrawal of principal of land Acquisition Re volvinq Fund, financing principal balance received from State Budget and other sources that have been accounted for in the report of State Budget Irnpternentetlon Accoumabltitv is no t reported in lRA BA BUN, only in financial report of Satker BlU of Secretariat Funding Department of BPJT in accordance to SAK. d. Expense of Land Acquisition Revolving Fund as meant at point a, point b. and point c, is present ed in BA BUN Balance as long-Term Investment Nonpermanent Investment of Land Acquisition Revolving Fund and noted as much as acquisition price of Land Acquisition Revolving Fund. e. Management of Land Acquisition Revolving Fund receivable refers to Regulation of Minister of Finance concerning BLU Receivable Manage men\. 8 Business News 8175-81761 f 1-2-200 GOVER~IMENT REGULATION'; 1. Refund of Land Acquisition Revolving Fund princi pal claimed from the receiver of land Acquisition Revolving Fund cannot be noted as financing rev enue in lRA BA BUN and does not reduce Land Acquisition Revolving Fund in BA BUN balance, but must be revealed clearly in CalK of financial report of BA BUN, and the aforementioned rev enue must be reported in financial report in ac cordance to SAK. g. Income revenue from land Acquisition Revolving Fund in the form of interest/profit share and/or other products received from the distribution of Land Acquisition Revolving Fund is reported as income in LRA BA 033. h. Expense for operational needs of Satker BLU of Secretariat Funding Department of BPJT derived from the income of Satker BLU of Secretariat Funding Department of BPJT is reported as Goods and Services Expenditure and/or Capital Expendi ture in LRA BA 033. Article 22 Financial report of Satker BLU of Secretariat Funding Department of BPJT is audited by external auditor accordingly to the laws and regulations. CHAPTER VI FINAL PROVISIONS Article 23 This Regulation of Minister of Finance starts to take effect since the promulgation date. For everybody to acknowledge this regula tion, ordering the promulgation of this Regulation of Minister of Finance to be placed in the State Gazette of Republic of Indonesia. Stipulated in Jakarta On 15 December 2010 THE MINISTER OF FINANCE, Sgnd. AGUS D.W. MARTOWARDOJO Promulgated in Jakarta On 15 December 2010 THE MINISTER OF LAW AND HUMAN RIGHTS. Sgnd. PATRIALIS AKBAR THE STATE GAZETTE OF REPUBLIC OF INDONESIA YEAR 2010 NUMBER 605 Editorial note: • For technical reason, Attachment is not included. tAl Business News 8175·8176fll·2·2011 19