Beruflich Dokumente
Kultur Dokumente
No. 38/PMK.01/2006
REGARDING
CHAPTER I
GENERAL STIPULATION
Article I
5. Risk Management Unit is working unit under Minister of Finance whose main
task and function is to carry out risk management in framework of
infrastructure provisioning project implementation.
6. Political Risk is the risk caused by one party policy/act / decision from The
Government or State which directly and significantly has impact on the
Business entity’s financial loss, which include risk of asset ownership
takeover, risk of regulatory law changes, and risk of currency conversion
limitation and prohibition of fund repatriation.
Article 2
b. Public information means for parties that has the interest on risk control
and management on provisioning of infrastructure, including matters
related with contingent liabilities which the potency to burden the state’s
finance in the future.
Article 3
a. Supporting the infrastructure availability which can drive and improve the
national economic growth; and
CHAPTER III
Article 4
The scope of risk control and management on provisioning of infrastructure
covers activity and responsibility on :
Article 5
a. Legal aspect
c. Policy aspect.
CHAPTER IV
Article 6
(1) Type of risk whose risk sharing scheme needs to be arranged between
Government and Business Entity in provisioning of infrastructure are:
a. Political risk;
c. Demand risk
(2) In risk allocation scheme for political risk as referred in sub clause (1)
letter a, it can be promised for granting of compensation to the asset /
Business Entity owner.
(3) In the risk sharing scheme for Project Performance Risk as referred in sub
clause (1) letter b, it can be promised for :
(4) In risk sharing scheme for Demand Risk as referred in sub clause (1) letter
c, it can be promised in case:
CHAPTER V
IN MANAGEMENT OF RISK
Article 7
The Government Support as referred in Article 6 is given as long as it fulfills
the following criteria:
c. The fiscal cost and risk arose from the granting of Government Support
does not surpass the limit of state’s budget capability to bear it; and
CHAPTER VI
Article 8
4). Plan of partnership offer which covers schedule, process and way of
valuation; and
2). Risk sharing scheme with Business Entity, insurance company, and/or
other financial institutions.
CHAPTER VII
Article 9
(1) The submission of fund allocation for granting of Government Support can
be made after the Minister of Finance grant the principle approval as
referred in Article 8 letter d.
(2) Fund allocation in form of financing for risk deposit in framework of the
Government Support granting , is being done following the prevailing
composition and administration of State’s budget.
(4) In case the fund for necessity of support granting which is already
prepared as referred in sub clause (2) is not used in one budget year in
the end of the year the budgeted fund is keep being stand in the
guarantee fund account.
CHAPTER VIII
Article 10
(1) The Risk Management Unit administer the recording and monitoring of the
Government’s obligation, valuation of fiscal risk and cost, data updating,
and composing of periodical report
(2) The Risk Management Unit administers the perfection steps in risk
control and management according to the development occurred.
Article 11
CHAPTER IX
TRANSITIONAL STIPULATION
Article 12
(1) Before the Risk Management Unit is established and works effectively, the
main task and function of Risk Management Unit is handled by Risk
Management Committee on Provisioning of Infrastructure set up based on
Minister of Finance’s Decree No. 518/KMK.01/2005.
(2) For project whose the procurement process is being done and the winner
is established base on Presidential Decree No. 7 year 1998 regarding
Partnership of Government and Business Entity in Infrastructure
Development and/or Management, but the agreement has not signed yet,
then the Procedure of Government Support granting follows the procedure
below:
CHAPTER X
CLOSING STIPULATION
Stipulated in Jakarta