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Jumat, Desember 30, 2022

Govt. Regulates the Procedure for the Completion of Unfinished 2022 Works in 2023

Infrastructure and Construction Services

The Minister of Finance ("Minister") has issued Regulation No. 189/PMK.05/2022 to regulate the organization of budget for the completion of works during COVID-19 pandemic which have not been completed at the year 2022 and will be continued at the year 2023. The Regulation has been in force since 15 December 2022.
It is provided that the scope of such work are the works based on the contracts with the following nature: 1) fully funded in rupiah and/or non-tax state revenue (penerimaan negara bukan pajak/PNBP); 2) the payment is done through the mechanism of contractual direct payment attached with the Guarantee for Payment at the Final Fiscal Year; and 3) have been signed by no later than 30 November 2022.
The uncompleted works from 2022 may be continued in 2023 so long as the following requirements are fulfilled: 1) based upon the research of the Commitment Making Officials (pejabat pembuat komitmen – "PPK"), the goods/services providers will be capable of completing the entire work within 90 calendar days since the end of the completion period; and 2) goods/services provider is capable to complete the remaining work by no longer than 90 calendar days since the end of the completion period, which shall be proven with a statement letter signed with a stamp duty.
In case that the goods/services provider failed to complete their work until the end of the completion period as stated in the statement letter, the Budget User Proxies (Kuasa Pengguna Anggaran – "KPA") will instruct the goods/services providers to: 1) return the payment to the state treasury, with the amount calculated by the remaining uncompleted works; and 2) pay a late completion fine with the value as provided under the Contract.

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The Minister of Finance ("Minister") has issued Regulation No. 189/PMK.05/2022 to regulate the organization of budget for the completion of works during COVID-19 pandemic which have not been completed at the year 2022 and will be continued at the year 2023. The Regulation has been in force since 15 December 2022.
It is provided that the scope of such work are the works based on the contracts with the following nature: 1) fully funded in rupiah and/or non-tax state revenue (penerimaan negara bukan pajak/PNBP); 2) the payment is done through the mechanism of contractual direct payment attached with the Guarantee for Payment at the Final Fiscal Year; and 3) have been signed by no later than 30 November 2022.
The uncompleted works from 2022 may be continued in 2023 so long as the following requirements are fulfilled: 1) based upon the research of the Commitment Making Officials (pejabat pembuat komitmen – "PPK"), the goods/services providers will be capable of completing the entire work within 90 calendar days since the end of the completion period; and 2) goods/services provider is capable to complete the remaining work by no longer than 90 calendar days since the end of the completion period, which shall be proven with a statement letter signed with a stamp duty.
In case that the goods/services provider failed to complete their work until the end of the completion period as stated in the statement letter, the Budget User Proxies (Kuasa Pengguna Anggaran – "KPA") will instruct the goods/services providers to: 1) return the payment to the state treasury, with the amount calculated by the remaining uncompleted works; and 2) pay a late completion fine with the value as provided under the Contract.

......

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Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

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