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Jakarta, CNBC Indonesia – Recently, the issue of importing oil and gas pipelines has become synonymous because it led to the dismissal of a senior official from the state-owned Pertamina company. The issue of imported gas pipelines is closely related to the government’s efforts to increase the use of the National Component Level (TKDN) in all procurement of government goods and services and BUMN.
Even the Coordinating Minister for Maritime Affairs and Investments, Luhut B. Pandjaitan, had warned long before that state-owned companies were obliged to comply with regulations on the use of TKDN for every expenditure on goods and services.
Luhut has even submitted a proposal directly to President Jokowi regarding this TKDN policy to be discussed specifically in its application in the field. He lobbied for fines and the firing of directors of state-owned companies who were disobedient or stubborn with a minimum TKDN of 25% in expenses for goods and services.
“I will ask the president to do a meeting (limited meeting) on the use of domestic products, so that we know where the weaknesses have been, I ask for a lot of attention, so if no one implements this TKDN, so that it can be replaced. ), “Luhut said during TKDN’s audit results virtual coordination meeting in Jakarta on Tuesday (07/28/2020).
The basis of the TKDN questions for government institutions refers to Government Regulation (PP) Number 29 of 2018 on Industrial Empowerment. Article 57 clearly regulates, that is, national products must be used by users of national products as follows:
a. state institutions, ministries, non-ministerial government agencies, other government agencies and regional work units in the procurement of goods / services if the source of funding comes from the state revenue and expenditure budget, regional revenue and expenditure budgets, including loans or grants from inside or outside the country; Y
B. State-owned companies, other state-owned legal entities, regionally owned companies and private companies in the acquisition of goods / services that:
1. the financing comes from the state income and expenditure budget or the regional income and expenditure budget;
2. the work is carried out through a pattern of cooperation between the central government and / or regional governments and business entities; me
3. exploit state-controlled resources.
Art 61
(1) In the acquisition of Goods / Services, users of National Products referred to in Article 57 must use National Products if there are
Domestic products that have a total value of TKDN and a company profit weighting value of at least 40% (forty percent).
(2) Domestic products to be used as provided in paragraph (1) must have a TKDN value of at least 25% (twenty-five percent).
Meanwhile, article 107 regulates the issue of sanctions:
(3) The imposition of sanctions as mentioned in paragraph (2) will be carried out based on a letter of recommendation from the Government’s Internal Oversight Apparatus, as well as from the internal oversight officials and the P3DN Team if the official of acquisitions does not comply with the obligations mentioned in article
61 paragraph (1) and paragraph (21).
(4) the written warning sanctions referred to in paragraph (1) letter a shall be imposed on the first to the third offense.
(5) the administrative sanctions with fines referred to in paragraph (1) letter b are imposed on the fourth offense.
(6) administrative fines as provided in paragraph (5) of 1 o / o (one percent) of the contract value for the acquisition of goods / services with the highest value.
500,000,000 IDR (five hundred million rupees).
(7) The sanction of termination of the position of acquisition of Goods / Services as mentioned in paragraph (1) letter c will be imposed in the fifth violation.
