REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-08/BC/2008

CONCERNING
FORMATION, STRUCTURE, AND WORKING SYSTEM OF ETHICS COMMISSION OF DIRECTORATE GENERAL OF CUSTOMS AND EXCISE

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

• a. that in the framework to implement certainty in Article 113A paragraph (4) of Law No. 10/1995 concerning Customs, that is amended by Law No. 17/2006 and Article 64A paragraph (4) of Law 11 of 1995 concerning Excise, that is amended by Law No. 39/2007, it is needed to stipulate Regulation of the Director General of Customs and Excise concerning formation, structure, and working system of ethics commission;
• b. that, judgment of Directorate General of Customs and Excise Employee's Ethics is done by Ethics Commission of Directorate General of Customs and Excise as decided in Minister of Finance Regulation No. 01/PM.4/2008 concerning Directorate General of Customs and Excise Employee's Ethics;
• c. that, based on consideration as described in a and b, it is needed to stipulate Regulation of the Director General of Customs and Excise concerning formation, structure and working system of ethics commission.

In view of:

• 1. Law No. 8/1974 concerning Principle of Employment (Republic of Indonesia Statute Book of 1974 No. 55, Supplement to Statute Book No. 3641), that is amended by Law No. 43/1999 (Republic of Indonesia Statute Book of 1999 No. 169, Supplement to Statute Book No. 3590);
• 2. Law No. 10/1995 concerning Customs (Republic of Indonesia Statute Book No. 75/1995, Supplement to Statute Book No. 3612), that is amended by Law No. 17/2006 (Republic of Indonesia Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 3. Law No. 11/1995 concerning Excise (Republic of Indonesia Statute Book No. 76/1995, Supplement to Statute Book No. 3613), that is amended by Law No. 39/2007 (Republic of Indonesia Statute Book No. 105/2007, Supplement to Statute Book No. 4755);
• 4. Government Regulation No. 42/2004 concerning Corps Soul Establishment and Ethics of Civil Government Employee (Republic of Indonesia Statute Book No. 142/2004, Supplement to Statute Book No. 4450);
• 5. Minister of Finance Regulation No. 29/PMK.01/2007 concerning Guideline to Improve Civil Government Employee Discipline in Ministry of Finance Environment, that is amended by Minister of Finance Regulation No. 71/PMK.01/2007 concerning amendment to the Minister of Finance Regulation No. 29/PMK.01/2007 concerning Guideline to Improve Civil Government Employee Discipline in Ministry of Finance Environment;
• 6. Minister of Finance Regulation No. 72/PMK.01/2007 concerning Ethics Council in Ministry of Finance Environment;
• 7. Minister of Finance Regulation No. 01/PM.4/2008 concerning Directorate General of Customs and Excise Employee' Ethics;
• 8. Minister of Finance Decision No. 2/KM.1/2003 concerning Technical Guideline to Improve Efficiently and Working Discipline of State Employee in Minister of Finance Environment;
• 9. Minister of Finance Decision No. 30/KMK.01/2007 concerning Bureaucracy Reform in Ministry of Finance;
• 10. Minister of Finance Decision No. 293/KMK.01/2007 concerning Delegation of Rights to Officer in Minister of Finance Environment to give Morally Sanction;

HAS DECIDED:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING FORMATION, STRUCTURE, AND WORKING SYSTEM OF ETHICS COMMISSION OF DIRECTORATE GENERAL OF CUSTOMS AND EXCISE

CHAPTER I
GENERAL CERTAINTY

Article 1

In this regulation:

• 1. "Employee" refers to Candidate of Civil Government Employee or Civil Government Employee of Directorate General of Customs and Excise as described in Law No. 8/1974 concerning Principle of Employment, which is amended by Law No. 43/1999.
• 2. "Ethics Commission will be called Commission" refers to non structural agency of Directorate General of Customs and Excise, who act to implement and punish Ethics collision of Employee.
• 3. Ethics Commission in this Director General Regulation is same with Ethics Council in Minister of Finance Regulation No. 72/PMK.01/2007.

CHAPTER II
MEMBERSHIP FORMATION AND STRUCTURE OF ECTHICS COMMISSION

Article 2

(1) Commission will be built when Ethics collision is happened.

(2) Commission Members are:

• a. 1 (one) person Head and also Member;
• b. 1 (one) person Secretary and also Member; and
• c. At least 3 (three) persons other members.

(3) Sum of Commission's Members is odd.

(4) Position and rank of Commission's Member cannot less than position and rank of Employee will be investigated.

(5) To form Commission's Member, Right Official to stipulate Commission's Member structure can receive proposal of Commission's member from lower rank officer;

(6) Commission Membership is decided by decision of Right Official to stipulate Commission's Member structure.

Article 3

Main Commission Members are from:

• 1. One employee who has task in employment;
• 2. One employee who has same place of work with employee who is supposed do Ethics Collision; and or
• 3. Other employee who has competent and good reference to learn supposition of Ethics Collision.

CHAPTER III
ETHICS COLLISION

Article 4

(1) Supposition of Ethics Collision is from:

• a. Written Report, and or
• b. Founded by Supervisor.

(2) Everybody who knows supposition of Ethics Collision can give report to supervisor of Employee who does collision.

(3) Giving report as described on paragraph (2) in written and said collision, with evidence and identity or reporter.

(4) Supervisor of Employee who knows supposition of Ethics Collision should investigate that collision.

(5) Every supervisor who receives report as described on paragraph (2) and knows the collision as described on paragraph (4) should investigate the report and keep on reporter identity confidential.

(6) To investigate any supposition of Ethics Collision, Supervisor of Employee who does collision in hierarchy should report to right Official to form commission.

(7) Investigation of supposition of Ethics Collision is done in 10 (ten) working days since receive written report and or supposition of Ethics Collision is known.

Article 5

Direct supervisor who not fulfill obligation as described in Article 4 paragraph (4), paragraph (5), paragraph (6) and paragraph (7) is pretended do Ethics Collision and will be fined Morally Sanction.

CHAPTER IV
WORKING SYSTEM OF ETHICS COMMISSION

Article 6

(1) Commission calls employee in written, who is supposed do ethics Collision.

(2) If the employee neglects call, he/she will be called in second calling within 5 (five) working days.

(3) In case employee not fulfill second calling of commission without clear reason, he/she is supposed do Ethics Collision, so commission will recommend him/her to be fined Morally Sanction.

(4) Commission take decision after investigate, and give employee who is supposed does ethics collision opportunity to make defense;

(5) Investigation of Commission is closed to public.

(6) Commission Decision will be take in discussion to get agreement.

(7) In case discussion not gets agreement, as described on paragraph (6), decision will be taken by voting.

(8) In case voting as described on paragraph (7) not has result, Head of Commission should take decision.

(9) Commission Decision for Ethics Collision is final decision.

Article 7

(1) Commission should finish every Ethics Collision in 15 (fifteen) working days after decided form of Commission member.

(2) Officer who has right to form Commission member structure, should give warning to commission member if he/she not or not yet make commission decision in period as described in paragraph (1).

(3) Commission should submit commission decision to Officer who has right to give Morally Sanction by using form of Commission Investigation Result Report as decided in Attachment I of this Director General of Customs and Excise Decision.

(4) In case Commission decision is discipline collision sanction, as described in Article 6 paragraph (2), paragraph (3), paragraph (4) a and b of Government Regulation No. 30/1980, Commission submit Investigation Result Report to direct supervisor of fined Employee to be submit in hierarchy to Officer who has right to give discipline fine for further investigation, as decided in Attachment II of this Director General of Customs and Excise Decision.

(5) In case Commission decision is discipline collision sanction as described in Article 6 paragraph (4) c and d of Government Regulation No. 30/1980, Commission submit Investigation Result Report to Direct Supervisor of Employee to be submitted in hierarchy to Inspector General of Ministry of Finance for further investigation, as decided in Attachment III of this Director General of Customs and Excise Decision.

(6) Commission Decision should be submitted to Official as described on paragraph (4), paragraph (5), and paragraph (6), at least 10 (ten) working days since date of Commission Decision.

CHAPTER V
OBLIGATION OF OFFICIAL WHO HAS RIGHT TO GIVE MORALLY SANCTION

Article 8

Official who has right to give morally sanction should give morally sanction by using form as decided in Attachment IV of this Director General of Customs and Excise Regulation, at least 10 (ten) days after commission decision is accepted.

Article 9

This Regulation is effective from the date specified.

Stipulated in Jakarta
On June 13, 2008
DIRECTOR GENERAL OF CUSTOMS AND EXCISE
Signed,
ANWAR SUPRIJADI
NIP 120050332