MINISTER OF STATE-OWNED ENTERPRISES OF
THE REPUBLIC OF INDONESIA
COPY
THE REGULATION OF MINISTER OF STATE-OWNED ENTERPRISES
NUMBER PER-15/MBU/2012
CONCERNING
AMENDMENT TO REGULATION
THE MINISTER OF MINISTER OF STATE-OWNED ENTERPRISES OF THE
NUMBER PER-05/MBU/2008 CONCERNING GENERAL GUIDELINES FOR
GOODS AND SERVICES PROCUREMENT OF STATE-OWNED ENTERPRISES
Considering : a. whereas in the Regulation of Minister of State-Owned
Enterprises Number PER-05/MBU/2008 dated 3
September 2008, the general guidelines for goods and
service procurement of State-Owned Enterprises has
been stipulated;
b. whereas to encourage the synergy between SOEs,
synergy of SOEs and SOE Subsidiaries to improve the
company’s value with guided by efficiency and
economy improvement as well as to create equality in
SOE business and offer the opportunity for small/
micro business, it is necessary to amend the general
guidelines for goods and service procurement of
State-Owned Enterprises;
c. whereas referring to consideration as stated in letter
a and b above, it is necessary to stipulate the
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Regulation of Minister of State-Owned Enterprises
Number PER-05/MBU/2008 concerning General
Guidelines for Goods and Service Procurement of
State-Owned Enterprises.
d.
In view of : 1. Law Number 19 of 2003 on State-Owned Enterprises
(State Gazette of the Republic of Indonesia of 2003
Number 70, Supplement to State Gazette of the
Republic of Indonesia Number 4297);
2. Law Number 40 of 2007 on Limited Liability
Companies (State Gazette of the Republic of
Indonesia of 2007 Number 106, Supplement to State
Gazette of the Republic of Indonesia Number 4756);
3. Government Regulation Number 41 of 2003 on
Delegation of Minister Finance Position, Duty and
Authority in Limited Corporation (Perusahaan
Perseroan- Persero), General Corporation
(Perusahaan Umum – PERUM), and Service
Corporation (Perusahaan Jawatan – PERJAN) To the
Minister of State-Owned Enterprises (State Gazette
of the Republic of Indonesia of 2003 Number 82,
Supplement to State Gazette of the Republic of
Indonesia Number 4305);
4. Government Regulation Number 45 of 2005
concerning Establishment, Management,
Supervision and Dissolution State-Owned
Enterprises (State Gazette of the Republic of
Indonesia of 2005 Number 117, Supplement to State
Gazette of the Republic of Indonesia Number 4556);
5. Presidential Regulation No. 47 of 2009 concerning
Establishment and Organization of State Ministries;
has been changed by Presidential Regulation No.91
of 2011;
6. Presidential Regulation No. 24 of 2010 concerning
Formation and Organization of State Ministries; and
Eselon Function I of State Ministries that has been
changed by Presidential Regulation No.01 of 2011;
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7. Presidential Decree Republic of Indonesia No.59/P of
2011;
HAS DECIDED:
To stipulate : REGULATION OF THE MINISTER OF STATE-OWNED
ENTERPRISES CONCERNING THE AMENDMENT TO
THE MINISTER OF STATE-OWNED ENTERPRISES
NUMBER PER-05/MBU/2008 CONCERNING THE
GENERAL GUIDELINES FOR GOODS AND SERVICES
PROCUREMENT OF STATE-OWNED ENTERPRISES
Article I
Several provisions in the Regulation of the Minister of State-Owned Enterprises
Number PER-05/MBU/2008 concerning the General Guidelines for Goods and
Services Procurement of State-Owned Enterprises, have been amended as follows:
1. To change Article 1 Number 6 and insert a number to be number 7, and hence
Article 1 shall fully read as follows:
“Article 1
Under this Regulation of Minister of State-Owned Enterprises, the meaning
of:
1. Procurement of Goods and Services is an activity of procuring goods and
services carried out by the State-Owned Enterprises not using the direct
fund of State Budget/Local Government Budget;
2. State-Owned Enterprise, hereinafter referred to as SOE, is an enterprise
whose capital owned by the state either majority or entirely through
direct equity participation deriving from the restricted state assets.
3. User of the goods and services is the respective SOE as the owner.
4. Provider of goods and services is a business entity, including SOE, legal
entity, or individual person/legal subject whose business activity is to
provide goods and services;
5. Goods and Services are all forms of products and/or services needed by
the User of the goods and services;
6. Subsidiary is a SOE whose share minimum 90% owned by the SOE.
7. SOE Affiliated Company whose share minimum 90% owned by SOE
subsidiary, combination of SOE Subsidiaries or combination of SOE
Subsidiaries and SOE.”
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2. To change Article 2 paragraph (4), and hence Article 2 shall fully read as
follows:
“Article 2
(1) It is obligatory in the Procurement of Goods and Services to implement
such principles:
a. efficient, means Procurement of Goods and Services should be
carried out to gain an optimal and best result in a prompt way with
a minimum fund and capability based on a reasonable measure, not
merely based on the lowest price.
b. effective, means Procurement of Goods and Services must be in
accordance with the determined needs and give the optimal benefits
corresponding with the established objectives.
c. competitive, means Procurement of Goods and Services must be
open for the qualified Provider of Goods and Services and carried out
in a healthy competition between equal and qualified Providers of
Goods and Services based on definite and transparent provisions
and procedures.
d. transparent, means all the provisions and information on
Procurement of Goods and Services, including administrative
technical requirements of procurement, evaluation procedures,
evaluation results, appointment of prospective Provider of Goods
and Services, is open to all interested participants of Provider of
Goods and Services.
e. fair and equitable, means granting the same treatment to all
qualified prospective Provider of Goods and Services;
f. accountability, means obligation to achieve the target and put the
sense of responsibility to avoid the possibility of manipulation and
aberration.
(2) User of Goods and Services prioritizes utilization of local products,
national design and engineering, and expansion of opportunity for small
businesses, as long as the quality, the price, and the objectives are
accounted for.
(3) In the event of promoting domestic industrial growth, User of Goods and
Services may give preference of local products utilization in accordance to
the provisions in the applicable laws.
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(4) User of Goods and Services prioritizes synergy between SOEs, SOE
Subsidiaries, and/or SOE Affiliated Company or between SOE
Subsidiaries and/or between SOE Affiliated Company, for business
efficiency or economic improvement.”
3. To change Article 9 paragraph 3 letter j and insert new letter k, and insert
one paragraph to become paragraph (4), and hence Article 9 shall fully read
as follows:
“Article 9
(1) Procurement of Goods and Services through direct appointment is carried
out by appointing 1 (one) or more Provider of Goods and Services.
(2) Direct appointment can only be performed so long as the Board of
Directors pre-formulates intern provisions and qualified criteria as
mentioned in Article 2 and Article 3 with regard to the provision in
paragraph (3) of this Article.
(3) Direct appointment as mentioned in paragraph (1) is carried out if one of
the following requirements is fulfilled:
a. Goods and services needed for the primary performance of company
and cannot be delayed (business critical asset);
b. There can only be one intended Provider of Goods and Services (for
specific goods);
c. There needs to be a continuity of knowledge from the Provider of Goods
and Services, in order to utilize and maintain goods and services
products that have nature of knowledge intensive;
d. In the event of implementation of Procurement of Goods and Services
using method as mentioned in Article 5 paragraph (2) letter a and b,
has been done twice but the participant of auction or direct election is
not qualified or there is no participant in the auction or direct election,
albeit the provisions and requirements have already fulfilled equity;
e. Goods and services owned by a right holder of intellectual property
rights (HAKI) or someone who owns warranty from Original Equipment
Manufacture;
f. Provisional measures for security, public safety, and strategic assets of
the company;
g. Goods and services of repeat order so long as the offered price is
profitable and not forfeiting the quality of goods and services;
h. Provisional measures for natural disasters, both local and national
scope.
i. The additional goods and services which is technically a unity
inseparable from the previous works;
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j. Provider of Goods and Services is SOE, SOE Subsidiary, or SOE
Affiliated Company, as long as the required goods and/or services are
the product or service of such SOE, SOE Subsidiaries, or SOE Affiliated
Company, and/or small and micro business, and as long as the quality,
price and its objectives is accountable, and allowed by sectoral
regulations.
k. Goods and Services Procurement in the certain amount which
stipulated by the Board of Commissioners shall be approved by the
Board of Commissioners
(4) Direct Appointment to the SOE, SOE Subsidiary, or SOE Affiliated
Company as stated in paragraph (3) letter j, the priority is for the relevant
SOE Subsidiary and SOE Affiliated Company.”
4. To change title of Section III and insert an Article between Article 12 and
Article 13 to Article 12A, hence Section III shall fully read as follows:
“Chapter III
PROCUREMENT FOR PUBLIC SOE, SOE SUBSIDIARY AND SOE
AFFILIATED COMPANY
Article 12
The implementation of this Regulation of Minister of State-Owned
Enterprises applies for the SOEs in the form of Public Company, confirmed
in the GMS of respective Public Companies or by direct adoption in the
Board of Director Regulation.
Article 12A
(1) This Regulation of Minister of State-Owned Enterprises applies for the
SOE subsidiaries, SOE Affiliated companies, that in the implementation
is conducted according to the prevailing laws.
(2) This Regulation of Minister of State-Owned Enterprises applies for user
of Goods and Services for SOE Subsidiaries whose shares more than
50% of total share and less than 90% of total share owned by SOE or
SOE affiliated companies whose shares more than 50% and less than
90% owned by SOE subsidiaries company, combination of SOE
subsidiaries companies or combination of SOE subsidiaries company
and SOE.
(3) With the enactment of this Regulation of Minister of State-Owned
Enterprises as stated in paragraph (1) and paragraph (2), then:
a. SOE subsidiaries company and/or SOE affiliated companies as
stated in paragraph (1), may appoint directly SOE or make direct
appointments to each other.
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b. SOE subsidiaries company and SOE affiliated companies as
mentioned in paragraph (2), may directly to appoint SOE, SOE
Subsidiaries company, or SOE Affiliated company.
c. “Directly to appoint” as mention in paragraph (3) letter a and letter
b can be done throughout to increase business efficiency or economic
and allowed by sectoral regulations.
5. To insert 1 (one) new CHAPTER after CHAPTER V, which is CHAPTER VA,
hence CHAPTER VA shall fully read as follows:
BAB VA
This Ministerial Regulation is issued by the Minister of State-Owned
Enterprises in his/her capacity as General Meeting of Shareholders (GMS)
for SOE whose all shares (100%) owned by Republic of Indonesia, and in
his/her capacity as shareholder of SOE or company whose part of its shares
owned by SOE as well as in his/her capacity as capital owner in General
Corporation (Perusahaan Umum – PERUM).
Article III
This Minister Regulation shall come into effect as of the date of is promulgation.
Enacted in Jakarta
on September 25, 2012
Minister of State-Owned Enterprises
Signed.
DAHLAN ISKAN
Certified true copy
Head of Legal Bureau,
Signed and sealed.
HAMBRA
NIP 19681010101996031001
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