COPY REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA NUMBER 153/PMK.07/2015 REGARDING

Transcription

1 COPY REGULATION OF THE MINISTER OF FINANCE NUMBER 153/PMK.07/2015 REGARDING MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF REGIONAL GOVERNMENT BUDGET REVENUES AND EXPENDITURES, MAXIMUM LIMIT OF DEFICIT OF EXPENDITURES, AND MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN OF FISCAL YEAR 2016 BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF FINANCE, Considering : a. whereas under the provision of Article 105 and Article 106 paragraph (2) of Government Regulation Number 58 of 2005 regarding Regional Finance Management, the Minister of Finance stipulates the Maximum Limit of Cumulative Deficit of Regional Government Budget Revenues and Expenditures and Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures every year; b. whereas under the provision of Article 7 of Government Regulation Number 23 of 2003 regarding Cumulative Sum Control of Deficit of State Budget Revenues and Expenditures, and Regional Government Budget Revenues and Expenditures, and Cumulative Sum of Central Government and Regional Government Loan, and Article 7 paragraph (1) of Government Regulation Number 30 of 2011 regarding Regional Loan, the Minister of Finance stipulates the Maximum Cumulative Limit of Regional Loan every year; c. whereas based on considerations as referred to in letters a and b, it is necessary to stipulate the Regulation of the Minister of Finance regarding the Maximum Limit of Cumulative Deficit of Regional Government Budget Revenues and Expenditures, Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures, and Maximum Limit of Cumulative Regional Loan of Fiscal year 2016; In view of : 1. Government Regulation Number 23 of 2003 regarding Cumulative Sum Control of Deficit of State Budget Revenues and Expenditures, and Regional Government Budget Revenues and Expenditures, and Cumulative Sum of Central Government and Regional Government Loan (Supplement Number 4287 to the State Gazette of the Republic of Indonesia Number 48 of 2003); 2. Government Regulation Number 58 Tahun 2005 regarding Regional Finance Management (Supplement Number 4578 to the State Gazette of the Republic of Indonesia Number 140 of 2005);

2 -2-3. Government Regulation Number 30 Tahun 2011 regarding Regional Loan (Supplement Number 5219 to the State Gazette of the Republic of Indonesia Number 59 of 2011); BE IT HEREBY RESOLVED: To stipulate : REGULATION OF THE MINISTER OF FINANCE REGARDING MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF REGIONAL GOVERNMENT BUDGET REVENUES AND EXPENDITURES, MAXIMUM LIMIT OF DEFICIT OF REGIONAL GOVERNMENT BUDGET REVENUES AND EXPENDITURES, AND MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN OF FISCAL YEAR CHAPTER I GENERAL REQUIREMENTS Article 1 As intended herein, the following terms shall have the corresponding meaning as referred to hereunder: 1. Autonomous Region, hereinafter referred to as Region, shall mean a unity of legal community which has territorial boundaries, authorized to organize and administer the government affairs and the interests of the local community according to its own initiatives based on the community s aspirations in the Unitary State of the Republic of Indonesia. 2. Regional Government shall mean head of a region as administrative element of Regional Government who leads the implementation of government affairs under the authority of the autonomous regions. 3. Regional Budget Revenues and Expenditures, hereinafter referred to as APBD, shall mean annual financial plan of a region which is stipulated in Regional Regulation which includes APBD-Amendment. 4. Maximum Limit of APBD Deficit shall mean the amount of maximum APBD deficit of each Region in a certain Fiscal Year. 5. Maximum Cumulative Limit of APBD Deficit shall mean the amount of maximum deficit of all APBD in a certain Fiscal Year. 6. Regional Revenue shall mean all Regional Government s right which is acknowledged as addition to net property value in a period of relevant fiscal year.

3 -3-7. APBD deficit shall mean deficient difference between Regional Revenue and Regional Expenditure in the same Fiscal Year. 8. Gross Domestic Products, hereafter referred to as PDB, shall mean the final value of all of goods and services produced in Indonesia in a certain year, calculated according to market price. 9. Maximum Limit of Cumulative Regional Loan shall mean the total amount of loan of all Regions up to certain Fiscal Year. 10. Regional Loan shall mean all transactions that result in Region receiving an amount of money or benefit with money value from another party that the Region is imposed with repayment liability. CHAPTER II MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF REGIONAL GOVERNMENT BUDGET REVENUES AND EXPENDITURES Article 2 (1) Maximum Limit of Cumulative APBD Deficit of Fiscal Year 2016 shall be defined at 0.3% (zero point thirty percent) of PDB projection of Fiscal Year (2) APBD Deficit as referred to in paragraph (1) shall mean deficit funded by Regional Loan. (3) PDB projection as referred to in paragraph (1) shall mean a projection used in the preparation of State Budget Revenues and Expenditures of Fiscal Year CHAPTER III MAXIMUM LIMIT OF DEFICIT OF REGIONAL GOVERNMENT BUDGET REVENUES AND EXPENDITURES Article 3 (1) Maximum Limit of APBD Deficit of Fiscal Year 2016 of each Region shall be defined based on the fiscal capacity category as follows: a. at 6% (six percent) of Regional Revenue estimates of Fiscal year 2016 for the category of very high; b. at 5% (five percent) of Regional Revenue estimates of Fiscal Year 2016 for the category of high;

4 -4- c. at 4% (four percent) of Regional Revenue estimates of Fiscal Year 2016 for the category of medium; and d. at 3% (three percent) of Regional Revenue estimates of Fiscal Year 2016 for the category of low. (2) APBD Deficit as referred to in paragraph (1) shall mean deficit funded by Regional Loan. (3) Fiscal capacity category as referred to in paragraph (1) shall be in accordance with fiscal capacity category as stipulated under the Regulation of the Minister of Finance regarding Fiscal Capacity of Fiscal year Article 4 Maximum Limit of APBD Deficit of Fiscal Year 2016 for each Region shall be the basis for Regional Government in stipulating APBD of Fiscal Year CHAPTER IV MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN Article 5 (1) Maximum Limit of Cumulative Regional Loan of Fiscal Year 2016 shall be defined at 0.3% (zero point thirty percent) of PDB projection of Fiscal Year (2) Regional Loan as referred to in paragraph (1) shall mean the loan used to fund financing expenditure. (3) PDB projection as referred to in paragraph (1) shall mean a projection used in the preparation of State Budget Revenues and Expenditures of Fiscal Year CHAPTER V EXCEEDING THE MAXIMUM LIMIT OF APBD DEFICIT FUNDED BY REGIONAL LOAN Article 6 (1) Exceeding the Maximum Limit of APBD Deficit shall be approved by the Minister of Finance c.q. the Director General of Fiscal Balance. (2) Approval as referred to in paragraph (1) shall be provided based on assessments as follows:

5 -5- a. Maximum Limit of Cumulative APBD Deficit funded by loan at 0.3% (zero point thirty percent) of PDB projection as referred to in Article 2 paragraph (1) is not exceeded; b. Maximum Limit of Cumulative Regional Loan at 0.3% (zero point thirty percent) of PDB projection as referred to in Article 5 paragraph (1) is not exceeded; c. Loan sourced from Central Government has been approved; and d. Loan Plan for loan sourced from other regional government, bank financial institution, non-bank financial institution, and society has obtained the consideration of the Minister of Home Affairs. Article 7 (1) Application for approval to exceed the Maximum Limit of APBD Deficit shall be submitted by the head of region to the Minister of Finance c.q. the Director General of Fiscal Balance prior to the stipulation of APBD. (2) Format of Application for Approval Maximum Limit of APBD Deficit as referred to in paragraph (1) shall be set out in Appendix I which forms an inseparable part hereof. Article 8 (1) The Director General of Fiscal Balance on behalf of the Minister of Finance shall approve or reject the application for approval to exceed the Maximum Limit of APBD Deficit. (2) Approval or rejection as referred to in paragraph (1) shall be provided no later than 15 (fifteen) business days upon the receipt of the complete application letter from the head of region. Article 9 Approval or rejection to exceed the Maximum Limit of APBD Deficit as referred to in Article 8 shall be taken as consideration in the evaluation process of regional regulation drafting regarding APBD.

6 -6- CHAPTER VI MONITORING OF DEFICIT OF REGIONAL BUDGET REVENUES AND EXPENDITURES AND REGIONAL LOAN Article 10 (1) Regional Government shall report the APBD Deficit plan of Fiscal Year 2016 to the Minister of Finance c.q. Director General of Fiscal Balance prior to the stipulation of APBD. (2) APBD Deficit plan as referred to in paragraph (1) shall mean a deficit plan within the draft of regional regulation regarding APBD which is submitted to the Minister of Home Affairs/Governor for evaluation. (3) In the event that deficit plan as referred to in paragraph (2) exceeds the Maximum Limit of APBD Deficit as referred to in Article 3 paragraph (1) and Regional Government has not submitted the application for approval as referred to in Article 6 paragraph (1), the Regional Government shall attach the application for approval of Maximum Limit of APBD Deficit in the APBD Deficit plan report. (4) Format of APBD Deficit plan report as referred to in paragraph (1) shall be set out in Appendix II which forms an inseparable part hereof. Article 11 (1) Regional Government shall report the position of cumulative loan and loan liabilities to the Minister of Finance c.q. the Director General of Fiscal Balance and the Minister of Home Affairs c.q. the Director General of Regional Finance every semester in the current fiscal year. (2) Report of cumulative position as referred to in paragraph (1) shall be submitted no later than 15 (fifteen) business days after the end of the relevant semester. (3) Format of report of the position of cumulative loan and loan liabilities as referred to in paragraph (1) shall be set out in Appendix III which forms an inseparable part hereof.

7 -7- Article 12 (1) The Director General of Fiscal Balance on behalf of the Minister of Finance shall monitor the Regional Government which budgets Regional Loan revenue to finance APBD Deficit and/or to fund financing expenditure. (2) Based on the monitoring as referred to in paragraph (1), the Director General of Fiscal Balance on behalf of the Minister of Finance shall carry out evaluation for the purpose of Ministerial Regulation drafting regarding the Maximum Limit of Cumulative Deficit of Regional Government Budget Revenues and Expenditures, Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures, and Maximum Limit of Cumulative Regional Loan of Fiscal Year CHAPTER VII CLOSING Article 13 Promulgated in Jakarta On August 10, 2015 This Ministerial Regulation shall come into effect as of the date of its promulgation. For public cognizance, this Ministerial Regulation shall be announced by publishing it in the State Gazette of the Republic of Indonesia. Enacted in Jakarta on August 7, 2015 MINISTER OF FINANCE, Signed. BAMBANG P. S. BRODJONEGORO MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, Signed. YASONNA H. LAOLY STATE GAZETTE NUMBER 1181 OF 2015 Certified true copy HEAD OF GENERAL BUREAU on his behalf HEAD OF ADMINISTRATION DEPT. OF THE MINISTRY Signed and sealed GIARTO

8 NIP MINISTER OF FINANCE -8-

9 APPENDIX I REGULATION OF THE MINISTER OF FINANCE NUMBER 153/PMK.07/2015 REGARDING MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF EXPENDITURES, MAXIMUM LIMIT OF DEFICIT OF EXPENDITURES, AND MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN OF FISCAL YEAR 2016 MINISTER OF FINANCE -9- FORMAT OF APPLICATION FOR APPROVAL TO EXCEED THE MAXIMUM LIMIT OF DEFICIT OF EXPENDITURES Number : [number of letter] Nature : [nature of letter] Attachment:... File(s) LETTERHEAD OF PROVINCIAL/REGENCY/MUNICIPALITY GOVERNMENT [city], [date, month, year] Subject : Application for Approval to Exceed the Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures funded by Regional Loan To The Minister of Finance c.q. the Director General of Fiscal Balance In Jakarta Hereby we convey that we budget our Regional Loan revenue to fund the Deficit of Regional Government Budget Revenues and Expenditures with the period of... (in accordance with the loan agreement script) which shall be used to... (state the use and reason). Taking into account that such amount of the said Regional Loan plan exceeds the provision as stipulated under the Regulation of the Minister of Finance regarding Maximum Limit of Cumulative Deficit of Regional Government Budget Revenues and Expenditures, Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures, and Maximum Limit of Cumulative Regional Loan of Fiscal Year 2016, hereby we apply for approval to exceed the maximum limit of Deficit of Regional Government Budget Revenues and Expenditures of Fiscal Year 2016 funded by Regional Loan. For your consideration, hereby we include: 1. Summary of Deficit of the Draft of Regional Government Budget Revenues and Expenditures of Fiscal Year 2016; and 2. Copy document of approval for loan/consideration by the Minister of Home Affairs for the loan to be undertaken. *) We hereby convey our application for your attention. Copy: 1. Minister of Home Affairs c.q. Director General of Regional Finance 2. Governor of... *) if submitted by regent/mayor *) do not attach if the loan is sourced from the society (municipal bond) Head of Region of... [sigature and seal] [name of head of region] MINISTER OF FINANCE, Signed. BAMBANG P. S. BRODJONEGORO Certified true copy HEAD OF GENERAL BUREAU on his behalf HEAD OF ADMINISTRATION DEPT. OF THE MINISTRY Signed and sealed GIARTO NIP

10 -10- APPENDIX II REGULATION OF THE MINISTER OF FINANCE NUMBER 153/PMK.07/2015 REGARDING MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF EXPENDITURES, MAXIMUM LIMIT OF DEFICIT OF EXPENDITURES, AND MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN OF FISCAL YEAR 2016 FORMAT OF REPORT OF DEFICIT PLAN OF EXPENDITURES LETTERHEAD OF PROVINCIAL/REGENCY/MUNICIPALITY GOVERNMENT Number : [number of letter] [city], [date, month, year] Nature : [nature of letter] Attachment:... File(s) Subject : Report of Deficit Plan of Regional Government Budget Revenues and Expenditures To The Minister of Finance c.q. the Director General of Fiscal Balance In Jakarta In compliance with the Regulation of the Minister of Finance regarding Maximum Limit of Cumulative Deficit of Regional Government Budget Revenues and Expenditures, Maximum Limit of Deficit of Regional Government Budget Revenues and Expenditures, and Maximum Limit of Cumulative Regional Loan of Fiscal Year 2016, heteby we submit the Deficit Plan of Regional Government Budget Revenues and Expenditures Fiscal Year 2016 with details as follows: 1. Regional Revenue : Rp Regional Expenditure : Rp Deficit : Rp.... (...%) 3. Financing Revenue : Rp Financing Expenditure : Rp.... Net Financing : Rp.... Financing revenue consists of: 1. Surplus of Calculation of Budget of the Previous Fiscal Year : Rp Disbursement of Reserve Fund : Rp Loan and Bond Revenue : Rp Restricted Proceeds of Sale of Local Resouces : Rp Recovery of Loan Provision : Rp.... Financing expenditure consists of: 1. Appropriation to Reserve Fund : Rp Regional Government Investment : Rp Debt Principal Repayment : Rp Loan Provision : Rp.... The abovementioned Deficit of Regional Government Budget Revenues and Expenditures is due to... [state the reason]. We hereby convey our report for your attention. Head of Region of... [sigature and seal] [name of head of region] Certified true copy HEAD OF GENERAL BUREAU on his behalf MINISTER OF FINANCE, Signed. BAMBANG P. S. BRODJONEGORO HEAD OF ADMINISTRATION DEPT. OF THE MINISTRY Signed and sealed GIARTO NIP

11 APPENDIX II REGULATION OF THE MINISTER OF FINANCE NUMBER 153/PMK.07/2015 REGARDING MAXIMUM LIMIT OF CUMULATIVE DEFICIT OF EXPENDITURES, MAXIMUM LIMIT OF DEFICIT OF EXPENDITURES, AND MAXIMUM LIMIT OF CUMULATIVE REGIONAL LOAN OF FISCAL YEAR 2016 MINISTER OF FINANCE -11- FORMAT OF POSITION OF CUMULATIVE LOAN AND LOAN LIABILITIES LETTERHEAD OF PROVINCIAL/REGENCY/MUNICIPALITY GOVERNMENT (in Rupiah) No. No. and Date of Loan Agreement Loan Source Loan Purpose Loan Period Grace Period Interest Rate Total Withdrawal Total Payment Total Arrears Outstanding Balance (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Certified true copy HEAD OF GENERAL BUREAU on his behalf MINISTER OF FINANCE, Signed. BAMBANG P. S. BRODJONEGORO HEAD OF ADMINISTRATION DEPT. OF THE MINISTRY Signed and sealed GIARTO NIP