to Indonesian
a. that in the framework to support development of power plant industry and to keep on electric supplied by business entity include PT. Perusahaan Listrik Negara (Persero) for public interest, it is necessary to amend several provisions that govern giving exemption of import duty facility on the imported capital goods in the framework development of power plant industry for public interest;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Finance concerning Amendment to the Regulation of the Minister of Finance No. 154/PMK.011/2008 concerning Exemption of Import Duty of the Imported Capital Goods in the Framework Development of Power Plant Industry for Public Interest;
1. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
2. Presidential Decree No. 20/P/2005;
3. Regulation of the Minister of Finance No. 154/PMK.011/2008 concerning Exemption of Import Duty of the Imported Capital Goods in the Framework Development of Power Plant Industry for Public Interest;
AMENDMENT TO THE REGULATION OF THE MINISTER OF FINANCE NUMBER 154/PMK.011/2008 CONCERNING EXEMPTION OF IMPORT DUTY ON THE IMPORTED CAPITAL GOODS IN THE FRAMEWORK DEVELOPMENT OF POWER PLANT INDUSTRY FOR PUBLIC INTEREST
Several provisions in Regulation of the Minister of Finance No. 154/PMK.011/2008 concerning Exemption of Import Duty of the Imported Capital Goods in the Framework Development of Power Plant Industry for Public Interest shall be amended as follows:
1. Provisions in Article 1 paragraph 1 and paragraph 2 are amended, so Article 1 is read as follows:
"Article 1
In this Ministerial Regulation:
1. Power plant industry is activities to produce and supply electricity for public interest by business entity, exclude transmission, distribution and electricity supporting business.
2. Capital goods are engine, equipment, and plant equipment in installed or separated condition, exclude spare parts are used for maintenance by electricity supply business for public interest.
3. Business entity is every law entity, in the for State Owned Business Entity, Regional Owned Business Entity, Cooperation or private company, established according to the effective regulations, keep on in business and continuously, worked and domiciled in Unitary State of the Republic of Indonesia.
4. Electricity Business License for Public Interest, hereinafter abbreviated as IUKU, is electricity business license that is issued by Ministry of Enerby and Mineral Resources."
2. Provision of Article 3 is amended, so Article 3 is read as follows:
"Article 3
Exemption of import duty for power plant industry as intended in Article 2, is given to the following business entities:
3. Provisions of Article 4 paragraph (1), paragraph (2) and paragraph (3) are amended, and abolish paragraph (4), so Article 4 is read as follows:
"Article 4
(1) To obtain exemption of import duty facility on the imported capital goods as intended in Article 2, business entity as intended in Article 3 shall file application to the Director General of Customs and Excise, by using sample format as stated in Attachment I of this Ministerial Regulation.
(2) Application as intended in paragraph (1) that is applied by PT. PLN (Persero) shall be complete with:
(3) Application as intended in paragraph (1) is proposed by business entity, enclose with:
(4) Abolished."
4. Between Article 5 and Article 6 is inserted three article, they are Article 5A, Article 5B, and Article 5C that are read as follows:
"Article 5A
(1) Imported goods based on RIB as intended in Article 4 paragraph (2) a and paragraph (3) d, shall be realized within 24 (twenty four) months since date of decision of exemption of import duty.
(2) Import realization as intended in paragraph (1) can be extended not more than 12 (twelve) months after ending period of import realization, by file application to extended import realization by using sample form as stated in Attachment III of this Ministerial Regulation.
Application as intended in paragraph (2) shall be filed by business entity, enclose with:
(4) Application to extend import realization as intended in paragraph (2) shall be filed the latest 14 (fourteen) days before ending period of Decision of Minister as intended in Article 5 paragraph (2).
Article 5B
(1) Business entity can file application to change Decision of the Minister as intended in Article 5 paragraph (2).
(2) Business entity file application as intended in paragraph (1) to the Director General of Customs and Excise, by using sample form as stated in Attachment IV of this Ministerial Regulation.
(3) Application as intended in paragraph (2) that is filed by business entity, enclose with:
(4) Application as intended in paragraph (2), is filed in the effective period of Decision of the Minister as intended in Article 5 paragraph (2).
Article 5C
(1) Director General of Customs and Excise give approval or rejection on the application as intended in Article 5A and Article 5B within 14 (fourteen) days since application is received in complete manner.
(2) In case application as intended in paragraph (1) is approved, Director General of Customs and Excise on behalf of the Minister of Finance shall issue Decision of the Minister of Finance concerning exemption of import duty on the imported capital goods in the framework development of power plant industry for public interest.
(3) In case application as intended in paragraph (1) is rejected, Director General of Customs and Excise on behalf of the Minister of Finance shall issue rejection letter by state the reasons of rejection."
5. Supplement 5 (five) attachments, they are as Attachment I, Attachment II, Attachment III, Attachment IV, and Attachment V of this Ministerial Regulation, that are integral parts of this Ministerial Regulation.
This Ministerial Regulation shall come into force since date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on August 18, 2009
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI