GOVERNMENT REGULATION NO. 64/2001 DATED SEPTEMBER 13, 2001
THE TRANSFER OF POSITION, TASK, AND AUTHORITY OF THE
MINISTER OF FINANCE IN STATE LIMITED LIABILITY COMPANIES (PERSERO), PUBLIC CORPORATIONS (PERUM) AND SERVICE COMPANIES (PERJAN)
TO THE STATE MINISTER OF STATE-OWNED COMPANIES
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering :
a. that with the formation of the Office of the State Minister of State-owned Companies in the Mutual-Help Cabinet and in an effort to improve the performance and efficiency of state limited liability companies (Persero), public corporations (Perum) and service companies (Perjan), it is deemed necessary to transfer the position, task and authority of the Minister of Finance in the capacity as the shareholder/general meeting of shareholders (RUPS) in Persero, government representative in Perum, and financial patron of Perum to the State Minister of State-Owned Companies;
b. that the transfer as referred to in point a needs to be laid down in a Government Regulation.
In view of :
1. Article 5 paragraph (2) and Article 33 of the 1945 Constitutions as has been amended through the second amendment of the 1945 Constitution;
2. The Dutch East Trade Ordinance (Statute Book of 1925 No. 448) as has been several times amended the latest by Law No. 9/1968 (Statute Book of 1968 No. 49, Supplement to Statute Book No. 850);
3. The Dutch East Indies Regulation (Statute Book of 1927 No. 419) as has been several times amended the latest by Law No. 12/1955 (Statute Book of 1955 No. 49, Supplement to Statute Book No. 850);
4. Law No. 9/1969 on Government Regulation in lieu of Law No. 1/1969 on the models of state business undertakings (Statute Book of 1969 No. 16, Supplement to Statute Book No. 2890) into Law (Statute Book of 1969 No. 40, Supplement to Statute Book No. 2904);
5. Government Regulation No. 12/1998 on state limited liability companies (Persero) (Statute Book of 1998 No. 15, Supplement to Statute Book No. 3731) as has been amended by Government Regulation No. 45/2001 (Statute Book of 2001 No. 68, Supplement to Statute Book No. 4101);
7. Government Regulation No. 6/2000 on services companies (Perjan) (Statute Book of 2000 No. 12, Supplement to Statute Book No. 3928).
DECIDES : To stipulate :
THE GOVERNMENT REGULATION ON THE TRANSFER OF POSITION, TASK, AND AUTHORITY OF THE MINISTER OF FINANCE IN STATE LIMITED LIABILITY COMPANIES (PERSERO), PUBLIC CORPORATIONS (PERUM) AND SERVICE COMPANIES (PERJAN) TO THE STATE MINISTER OF STATE-OWNED COMPANIES.
Article 1
The position, task and authority of the Minister of Finance representing the government in the capacity as :
a. the shareholders/general meeting of shareholders (RUPS) as laid down in Government Regulation No. 12/1998 on state limited liability companies (Persero) and limited liability companies whose part of shares in owned by the Government of the Republic of Indonesia.
b. the government representative in public corporations (Perum) as laid down in Government Regulation No. 13/1998 on public corporations (Perum); and
c. the financial patron of service companies (Perjan) as laid down in Government Regulation No. 6/2000 on service companies (Perjan);
shall be transferred to the State Minister of State-owned Companies. Article 2
(1) The transfer of position, task and authority of the Minister of Finance as referred to in Article shall not cover:
a. the administration of day capital participation of the State including its change into Persero and Perum, and the administration of state property used by Perjan;
b. proposal for any capital participation of the State in Persero and Perum and the use of state property in Perjan;
c. the establishment of Persero, Perum or Perjan.
(2) In carrying out the position, task and authority as referred to in Article 1, the State Minister of State-Owned Companies shall first receive approval from the Minister of Finance in the use of the surplus of Perjan's revenues at the end of budget year.
Article 3 With this Government Regulation taking effect,
b. all implementation rules of Government Regulation No. 12/1998 on state limited liability companies (Persero), provided they do not contradict the Government Regulation or have not been amended on the basis of this Government Regulation, shall remain valid.
Article 4
This Government Regulation shall begin to take effect on the date of promulgation.
For public cognizance, this Government Regulation shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta On September 13, 2001
THE PRESIDENT OF THE REPUBLIC OF INDONESIA, sgd.
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta, On September 13, 2001 THE STATE SECRETARY, sgd.
BAMBANG KESOWO
STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF 2001 NO. 117
ELUCIDATION OF
GOVERNMENT REGULATION NO. 64/2001 ON
OF THE MINISTER OF FINANCE IN STATE LIMITED LIABILITY COMPANIES (PERSERO)
PUBLIC CORPORATIONS (PERUM) AND SERVICE COMPANIES (PERJAN) TO THE STATE MINISTER OF STATE-OWNED COMPANIES
GENERAL
In an effort to encouraged the optimum growth of the national economy, it is necessary to improve the efficiency, effectiveness and performance of state-owned companies as one of the players of economic activities to enable them to give optimum contribution to the national economic development aimed at improving the people's welfare.
To enable the state-owned companies to give optimum contribution, it is deemed necessary to improve the performance of the state-owned companies by developing them in a more synchronous and effective manner.
Thus, to ensure that the task can be well implemented, it is necessary to stipulate a regulation on the transfer of position, task and authority of the Minister of Finance in the capacity as the shareholder or the general meeting of shareholders of Persero as laid down in Government Regulation No. 12/1998 on state limited liability companies (Persero), the government regulation in public corporations (Perum) as laid down in Government Regulation No. 13/1998 on public corporations (Perum) and the financial patron of service companies (Perjan) as laid down in Government Regulation No. 6/2000 on service companies (Perjan), to the State Minister of State-owned Companies.
In relation to the task of the Minister of Finance in the capacity the official responsible for managing state property, the administration of any capital participation of the State including the amendment in Persero and Perum as well as the administration of state property used by Perjan always rest on the Minister of Finance to ensure the good administration of state property. The same also applies to the establishment of Persero, Perum or Perjan. In addition, to create sustained coordination in the development of state-owned companies, the State Minister of State-owned Companies must first receive approval from the Minister of Finance in using the surplus of Perjan's revenues in the budget year already transferred to the State Minister of State-owned Companies.
The transfer of authority and matters referred to above needs to be laid down in a Government Regulation.
ARTICLE BY ARTICLE Article 1
Sufficiently clear Article 2
In relation to the administration of any capital participation of the State in Persero and Perum as well as the administration of state property used by Perjan, the State Minister of State-owned Companies in carrying out his position, task and authority should report to the Minister of Finance :
a. the dissolution of state-owned companies; b. the merger, fusion or split or Persero;
c. the plan for the sharing and use of Persero's profit; d. the change in the legal status of state-owned companies. Letter b
Sufficiently clear Letter c
The establishment of Persero, Perum or Perjan as referred to in paragraph (1) letter b does not include the establishment of Persero, Perum or Perjan as a result of fusion or change in legal status.
Paragraph (2)
Sufficiently clear Article 3
With these provisions, the position, task and authority of the Minister of Finance in the capacity as the government representative in the general meeting of shareholders of Persero engaged in railway service business are transferred to the State Minister of State-owned Companies.
Article 4
Sufficiently clear
