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PREAMBLE

PERMEN_KEU_136PMK022021_2021_EN

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REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA

NUMBER 136/PMK.02/2021 OF 2021

ON

GUIDELINES FOR THE GRANTING OF REWARDS DERIVED FROM NON-TAX STATE REVENUE IN THE

FORM OF COPYRIGHT ROYALTY TO CREATORS, PATENT ROYALTY TO INVENTORS, AND/OR ROYALTY

OF PLANT VARIETY PROTECTION RIGHTS TO PLANT BREEDERS

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,

Considering:

  • that royalty on state-owned copyright licenses, royalty on state-owned patent licenses, and royalty on state-owned plant variety protection rights are non-tax state revenues in accordance with the provisions of laws and regulations;

  • that based on Article 53 of Regulation of the Government Number 58 of 2020 on the Management of Non- Tax State Revenue, parts of non-tax state revenues may be used by the agency managing non-tax state revenues to organize the management of non-tax state revenue and/or improve the organizational quality of non-tax state revenue management and/or other activities, and/or optimize non-tax state revenues;

  • that in order to grant an award and standardization of rewards for creators from non-tax state revenue copyright royalty, inventors from non-tax state revenue patent royalty, and/or plant breeders from non-tax state revenue royalty of plant variety protection rights, it has been deemed necessary to reregulate provisions on the guidelines for rewarding creators who generate non-tax state revenue copyright royalty, inventors who generate non-tax state revenue patent royalty and/or plant breeders who generate royalty of non-tax state revenue plant variety protection rights;

  • that Regulation of the Minister of Finance Number 72/ PMK.02/2015 on Rewards Derived from Non-Tax State Revenue Patent Royalty to Inventors and Regulation of the Minister of Finance Number 6/ PMK.02/2016 on Guidelines for Rewards Derived from Royalty of Plant Variety Protection Rights to Plant Breeders, it has been deemed necessary to provide simplification as it is no longer in accordance with the legal needs;

  • that based on the considerations as referred to in letters a to d, it has been deemed necessary to establish Regulation of the Minister of Finance on Guidelines for the Granting of Rewards Derived from Non-Tax State Revenue in the Form of Copyright Royalty to Creators, Patent Royalty to Inventors, and/or Royalty of Plant Variety Protection Rights to Plant Breeders.

Observing:

  1. Article 17 paragraph (3) of the 1945 Constitution of the Republic of Indonesia

  2. Law Number 29 of 2000 on Plant Variety Protection (State Gazette of the Republic of Indonesia of 2000 Number 241, Supplement to the State Gazette of the Republic of Indonesia Number 4043);

  3. Law Number 17 of 2003 on State Finance (State Gazette of the Republic of Indonesia of 2003 Number 47, Supplement to the State Gazette of the Republic of Indonesia Number 4286);

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  1. Law Number 1 of 2004 on State Treasury (State Gazette of the Republic of Indonesia of 2004 Number 5, Supplement to the State Gazette of the Republic of Indonesia Number 4355);

  2. Law Number 39 of 2008 on State Ministry (State Gazette of the Republic of Indonesia of 2008 Number 166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);

  3. Law Number 28 of 2014 on Copyright (State Gazette of the Republic of Indonesia of 2014 Number 266, Supplement to the State Gazette of the Republic of Indonesia Number 5599);

  4. Law Number 13 of 2016 on Patent (State Gazette of the Republic of Indonesia of 2016 Number 176, Supplement to the State Gazette of the Republic of Indonesia Number 5922);

  5. Law Number 9 of 2018 on Non-Tax State Revenue (State Gazette of the Republic of Indonesia of 2018 Number 147, Supplement to the State Gazette of the Republic of Indonesia Number 6245);

  6. Law Number 11 of 2019 on National System for Science and Technology (State Gazette of the Republic of Indonesia of 2019 Number 148, Supplement to the State Gazette of the Republic of Indonesia Number 6374);

  7. Regulation of the Government Number 23 of 2005 on Financial Management of Public Service Agencies (State Gazette of the Republic of Indonesia of 2005 Number 48, Supplement to the State Gazette of the Republic of Indonesia Number 4502) as amended by Regulation of the President Number 74 of 2012 on Amendment to Regulation of the President Number 23 of 2005 on Financial Management of Public Service Agencies (State Gazette of the Republic of Indonesia of 2012 Number 171, Supplement to the State Gazette of the Republic of Indonesia Number 5340);

  8. Regulation of the Government Number 90 of 2010 on Preparation of Work Plans and Budg