THE MINISTER OF HOME AFFAIRS OF
THE REPUBLIC OF INDONESIA
REGULATION OF THE MINISTER OF HOME AFFAIRS
NUMBER 38 OF 2008
REGARDING
ACCEPTANCE AND GRANTING OF
SOCIAL/CHARITY ORGANIZATION’S ASSISTANCE
FROM AND TO FOREIGN PARTY
BY THE GRACE OF GOD THE ALMIGHTY,
THE MINISTER OF HOME AFFAIRS,
Considering: that to put in good orders the running of
governance relating to the acceptance and
granting of social/charity organization’s
assistance from and to any foreign party
compliant with provisions of the Law Number
8 of 1935 regarding Social/Charity Organi –
zation it is necessary to stipulate Regulation s
of the Minister of Home Affairs on the
Acceptance and Granting of Social/Charity

2
Organization’s Assistance from and to Foreign
Party;
Bearing in mind :
1. Law Number 8 of 1985 regarding Social Organization
(State Gazette of the Republic of Indonesia of 1985
Number 44, Supplement to the State Gazette of the
Republic of Indonesia Number 3298);
2. Law Number 37 of 1999 regarding International Relations
(St ate Gazette of the Republic of Indonesia of 1999
Number 156, Supplement to the State Gazette of the
Republic of Indonesia Number 3882);
3. Law Number 24 of 2000 regarding International Agreement s
(State Gazette of the Republic of Indonesia of 2000
Number 1 05, Supplement to the State Gazette of the
Republic of Indonesia Number 4012);
4. Law Number 15 of 2002 regarding Money Laundering
Criminal Offense as already amended by means of the
Law Number 25 of 2003 regard ing Amendment to the Law
Number 15 of 2002 re garding Money Laundering Criminal
Offense (State Gazette of the Republic of Indonesia
of 2003 Number 108, Supplement to the State Gazette
of the Republic of Indonesia Number 4324);
5. Law Number 32 of 2004 regarding Regional /Local
Government Administration (State Gazette of the
Republic of Indonesia of 2004 Number 125, Supplement

3
to the State Gazette of the Republic of Indonesia
Number 4437) as already amended for several times,
most r ecently amended by means of the Law Number 12 of
2008 regarding the Secon d Amendment to the Law Number
32 of 2004 regarding Regional Local Government
Administration (State Gazette of the Republic of
Indonesia of 2008 Number 59, Supplement to the State
Gazette of the Republic of Indonesia Number 4844);
6. Government Regulation s Number 18 of 1986 regarding
Implementation of the Law Number 8 of 1985 regarding
Social Organization (State Gazette of the Republic
of Indonesia of 1986 Number 24, Supplement to the State
Gazette of the Republic of Indonesia Number 3331);
7. Government Reg ulation s Number 2 of 2006 regarding
Procedures for Procurement of Loan and/or Acceptance
of Grant and Forwarding of Foreign Loan and/or Grant
(State Gazette of the Republic of Indonesia of 2006
Number 3, Supplement to the State Gazette of the
Republic of I ndonesia Number 4597 );
8. Joint Decree of the Minister of Religious Affairs
and the Minister of Home Affairs Number 1 of 1979
regarding Procedures for the Implementation of the
Dissemination of Religion and Foreign Assistance to
the Religious Institution i n Indonesia;
9. Decree of the Minister of Home Affairs Number 130 of
2003 regarding Organizational Structure and Working

4
System of the Department of Home Affairs as already
amended by means of the Regulation of the Minister
of Home Affairs Number 25 of 200 8;
10. Regulation s of the Minister of Home Affairs Number 3
of 2008 regarding Guidance fo r Implementation of
Cooperation between Regional Administration and Foreign
Party;
HEREBY DECREES :
To stipulate: REGULATION S OF THE MINISTER OF HOME AFFAIRS
REGARDING ACCEPTANCE AND GRANTING OF SOCIAL/
CHARITY ORGANIZATION’S ASSISTANCE FROM AND
TO FOREIGN PARTY /ORGANIZATION .
CHAPTER I
GENERAL PROVISION S
Article 1
In this Ministerial Regulation , that which is meant by :
1. Social/Charity Organization is an organization th at
is voluntarily established by members of the society
who are citizens of the Republic of Indonesia on the
basis of commonality of activity, profession, function,
religion, and belief in Almighty God, for the purpose
of participating in development endea vor in the
framework of achieving the national objective within
the scope of the Unitary State of the Republic of
Indonesia based on Pancasila (State Ideology) .

5
2. Foreign Party is foreign government, government of
state or province in fore ign country, the United
Nations or its subordinate organizati ons, multilateral
organization, inte rnational institution, social/
charity organization in foreign country and private
body in a foreign country.
3. Foreign Party Assistance is assistance originating
from govern ment, government of state or province in
foreign country, the United Nations or multilateral
organizations, including its agencies, international
organization or institution, foreign social/charity
organization, as well as business enterprise owned
by gove rnment/state -government/regional -government in
foreign country and private sector body in foreign
country.
4. Grant is revenue from foreign government, government
of state or province in fore ign country, the United
Nations or other multilateral organizatio ns, including
its agencies, international organization or insti –
tution, social/charity organization in foreign country,
and private body in a foreign country as well as
business enterprise owned by government/state –
government/regional -government in a forei gn country
and private sector body in a foreign country, in the
form of rupiah or goods or service, including expert
and training that is not necessary to be returned.

6
5. Loan is revenue from foreign government, government
of state or province in a foreign country, the United
Nations or other multilat eral organization including
its subordinate organization s, international organi –
zation or institution, social/charity organization
in foreign country and private body in a foreign
country.
6. Grant Agreement Do cument, hereinafter abbreviated into
NPH, is an agreement document between the grantor of
grant and the recipient of grant.
7. Grant Forwarding Agreement Document, hereinafter
abbreviated into NPPH, is an agreement document
between the Government or its At torney with the
social/charity organization within the framework of
forwarding grant from foreign party.
8. Loan Agreement Document, hereinafter abbreviated into
NPP, is an agreement document or any other document
equated to it containing accords regarding Loan from
a Foreign Party to Social/Charity Organization.
CHAPTER II
SOURCE, TYPE FORM AND NATURE OF ASSISTANCE
FROM FOREIGN PARTY
Article 2
(1) Assistance from a foreign party originates from:
a. foreign government;

7
b. state government or regional admin istration in
foreign countries;
c. The United Nations or the organization under it;
d. multilateral organization;
e. international agency;
f. foreign social organization; and/or
g. state government/state/regional -owned enterprises
in foreign countries.
(2 ) Assistance from a foreign party as referred to in
paragraph (1) originates from the countries, which
have diplomatic ties with the State of the Republic
of Indonesia.
Article 3
(1) Foreign assistance as referred to in Article 2 can
take the following for ms:
a. money;
b. goods; and/or
c. service of expert.
(2) Assistance from a foreign party as referred to in
paragraph (1) can take the following forms:
a. grant; and/or
b. loan.
Article 4
(1) The assistance of service of expert as referred to
in Article 3 p aragraph (1) letter c is in conformity

8
with the laws and regulations on immigration and
manpower.
(2) Grant in the form of money and/or goods as referred
to in Article 3 paragraph ( 2) is imposed with tax,
duties and/or excise in accordance with the laws an d
regulations.
Article 5
(1) Loan as referred to in Article 3 paragraph (2)
letter b, is only in the form of movable goods, and
is obliged to be returned.
(2) Loan in the form of movable goods as referred to in
paragraph (1) is used for activities of displ ay,
visualization, research and/or education .
Article 6
(1) Assistance from a foreign party as referred to in
Article 3 is not binding.
(2) Assistance as referred to in paragraph (1) shall not
be used for the activities, which:
a. contradicts with the Panc asila (State Ideology)
and the 1945 Constitution of the Republic of
Indonesia;
b. disturbs and/or threatens the sovereignty and
integrity of the Unitary State of the Republic
of Indonesia;

9
c. disturbs and/or disintegrates the national
unity, integrity and harmony;
d. disturbs the public order and public
tranquility;
e. creates social unrest, national and regional
economic chaos; and/or
f. relates to the activities of intelligence, money
laundering, terrorism and separatism .
CHAPTER III
REQUIREMENTS AND PROC EDURES FOR RECEIVING
ASSISTANCE FROM FOREIGN PARTY
Part One
Requirements
Article 7
(1) In order to be able to receive assistance from foreign
party, the social organization shall be registered
with:
a. the Department of Home Affairs ; or
b. other governme nt agencies ; and/or
c. regional/local government administration.
(2) In addition to the requirements as referred to in
paragraph (1), the social organization can receive
assistance from a foreign party with the following
requirements:
a. there is suitabili ty between the assistance and
scope of activity of social organization ;

10
b. having the capacity to carry out the activity in
accordance with the purpose and objective of the
granting of assistance ; and
c. the assistance and activity carried out can be
acco unted for in accordance with the existing
laws and regulations .
Part Two
Procedures
Paragraph 1
General
Article 8
(1) Foreign party assistance is grouped into category
of:
a. Foreign party assistance that may be granted to
Social/Charity Organization thro ugh the Govern –
ment and/or Regional Government originating from
state -government or regional government in a foreign
country, the United Nations or other multi -lateral
organization and its agencies, as well as business
enterprise owned by national governme nt/state –
government/regional -government in a foreign
country, Social/Charity Organization and private
sector body in a foreign country.
b. Foreign party assistance that may be directly
granted to Social/Charity Organization originating

11
from Social/Charity Organization in foreign country
and private sector body in a foreign country.
(2) Foreign party assistance taking the form of grant
may be received by the procedure:
a. direct; or
b. indirect.
(3) Direct assistance as intended in paragraph (2)
letter a is implemented by the procedure:
a. money transfer by bank account; or
b. handing over money/goods to assistance recipient.
(4) Indirect assistance as intended in paragraph (1)
letter b is conducted by the procedure:
a. forwarding from affiliate of internatio nal social/
charity organization;
b. forwarding from Government; or
c. forwarding from Government and regional govern –
ment.
Article 9
(1) Assistance from a foreign party in the form of loan
can be received either:
a. directly; or
b. indirectly.
(2) The dir ect assistance as referred to in paragraph
(1) letter a can be provided by providing goods to
the assistance recipient.

12
(3) Indirect assistance as referred to in paragraph (1)
letter b is provided in the following ways:
a. forwarding and international -affi liated social
organization;
b. forwarding from the Government; or
c. forwarding from the Government and regional
administration.
Paragraph 2
Acceptance of Assistance by Direct Method
Article 10
Social organization which will receive foreign assistance
dire ctly shall be obliged to report the plan for acceptance
of assistance to:
a. The Minister of Home Affairs, for the social
organization, which has national working area
coverage;
b. The Minister of Hom e Affairs through Governor,
for the social organizatio n, which has provincial
working area coverage; or
c. The Minister of Home Affairs through Regent/Mayor
with the carbon copy to the Gov ernor, for social
organization, which has regency/municipal working
area coverage.
Article 11
The report on plan for accep tance of foreign assistance
shall cover:

13
a. the original source of assistance;
b. purpose and objective of assistance;
c. nature and type of assistance;
d. total and duration of assistance;
e. plan for utilization of assistance;
f. availability of the acco mpanying funds possessed
by social organization and the plan for the use;
g. account number of national b ank of the social
organization, which receives the foreign assist –
ance; and
h. Taxpayer Registration Number of the social
organization, which receives foreign assistance.
Article 12
The Minister of Home Affairs approves the plan for
acceptance of foreign assistance for the social organization,
after coordinating with the related department/ non –
department government institution for obtaining conside –
ratio n.
Article 13
(1) The approval as referred to in Article 12 is
provided at the latest 14 (fourteen) workdays as of
the receipt of report as referred to in Article 10.
(2) The approval as referred to in paragraph (1) is
submitted to:
a. director of the rele vant social organization;
b. governor/regent/mayor; and

14
c. office head of the related department/non –
department government institution.
Paragraph 3
Acceptance of Assistance in the form of Loan
Article 14
(1) In the event the assistance is in the form of lo an,
approval as referred to in Article 12 is followed up
by preparing the agreement on granting of loan
between the provider of foreign assistance and social
organization.
(2) The certified copy of the agreement as referred to in
paragraph (1) is submitted by the director of social
organization which receives the assistance to the
Minister of Home Affairs with the carbon copies sent
to:
a. governor/regent/mayor; and
b. office head of the related department/non -depart –
ment government institution.
(3) The cer tified copy of the agreement as referred to
in paragraph (2) shall be submitted at the latest
within a period of 14 (fourteen) workdays as of the
signing.
Article 15
The Agreement as referred to in Article 14 paragraph 91)
shall at least contain the follow ings:
a. the parties;

15
b. object;
c. objective and impact;
d. scope, covering:
1) group of target;
2) area/place to carry out activity;
3) schedule of activity;
4) number and expertise of expatriate and
domestic personnel;
5) amount, type, nature and form of assistance;
e. right and obligation of the parties;
f. duration of cooperation;
g. monitoring and reporting;
h. termination of agreement;
i. force majeure; and
j. settlement of disputes .
Article 16
(1) The social organization receiving foreign assistanc e
can cooperate with other social organizations in
carrying out activities .
(2) Other social organizations as referred to in paragraph
(1) shall meet the requirements as referred to in
Article 7.
Paragraph 4
Acceptance of Assistance in the Form of Grant
Ar ticle 17

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(1) In the event the assistance is in the form of grant,
the approval as referred to in Article 12 is
followed -up by grant agreement in accordance with
the existing laws and regulations .
(2) The certified copy of the agreement as referred to
in pa ragraph (1) is submitted to the Minister of
Home Affairs with the carbon copies sent to:
a. governor/regent/mayor; and
b. office head of the related department/non -depart –
ment government institution.
(3) The certified copy of the agreement as referred to
in paragraph (2) shall be submitted at the latest
within a period of 14 (fourteen) workdays as of the
signing.
Paragraph 5
Acceptance of Assistance through Forwarding and
International ly -Affiliated Social Organization
Article 18
The social organization whic h will receive the assistance
indirectly through forwarding of the international ly –
affiliated social organization is obliged to report the
said plan for the acceptance of the assistance to:
a. The Minister of Home Affairs, for the social
organization, whi ch has national working area
coverage;

17
b. The Minister of Hom e Affairs through Governor,
for the social organization, which has provincial
working area coverage; or
c. The Minister of Home Affairs through Regent/Mayor
with the carbon copy to the Gov ernor, for social
organization, which has regency/municipal working
area coverage.
Article 19
The report on plan for acceptance of foreign assistance
shall cover:
a. the origin /source source of assistance;
b. purpose and objective of assistance;
c. nature and typ e of assistance;
d. total and duration of assistance;
e. plan for utilization of assistance;
f. availability of the accompanying funds possessed by
social organization and the plan for the use thereof ;
g. account number of national bank of the social
organ ization, which receives the foreign assist –
ance; and
h. Taxpayer Registration Number of the social
organization, which receives foreign assistance.
Article 20
The Minister of Home Affairs can provide the approval of
the plan for acceptance of fo reign assi stance for the
social organization after coordinating with the Department

18
of Foreign Affairs and the related department/non -depart –
ment government institution to obtain consideration.
Article 21
(1) The approval as referred to in Article 18 is granted
at the latest 14 (fourteen) workdays as of the receipt
of report.
(2) The approval as referred to in paragraph (1) is
submitted to:
a. director of the relevant social organization;
b. governor/regent/mayor; and
c. office head of the related department/non -depa rt –
ment government institution.
Article 22
(1) The approval as referred to in Article 18 is followed
up by preparing the agreement between the provider
of assistance and the social organization.
(2) The certified copy of the agreement as referred to
in par agraph (1) is submitted by the director of the
relevant social organization to the Minister of Home
Affairs with the carbon copies sent to:
a. governor/regent/mayor; and
b. office head of the related department/non -depart –
ment government institution.
(3) The certified copy of the agreement as referred to
in paragraph (2) shall be submitted at the latest

19
within a period of 14 (fourteen) workdays as of the
signing.
(4) The form of the agreement shall observe the provisions
governed in Article 15.
Article 23
The social organization, which receives the assistance
from the foreign party through forwarding of the inter –
national -affiliated social organization can cooperate with
other social organizations in carrying out activities .
Paragraph 6
Acceptance of Assista nce through
Forwarding from the Government
Article 24
Social organization which will receive assistance indirectly
through forwarding from the Government:
a. is designated by the government cq. The depart –
ment of work partner for source of foreign assist –
ance; or
b. submits application for the Government cq. The
department of work partner for source of foreign
assistance.
Article 25
The designation as referred to in Article 24 letter a is
conducted after Memorandum of Understanding (MoU) between
the govern ment cq. The department of work partner and
foreign assistance source.

20
Article 26
The social organization which receives assistance indirectly
through forwarding from the government shall meet the
provisions as referred to in Article 7.
Article 27
(1) Desi gnation of social organization as referred to in
Article 24 letter a is followed up by preparing the
agreement between the foreign assistance source and
social organization.
(2) The certified copy of the agreement as referred to
in paragraph (1) is submitt ed by the director of the
relevant social organization , which r eceives the
assistance to the Minister of Home Affairs with the
carbon copies sent to:
a. the minister/office head of the non -department
government institution the work partner, which
provides assistance;
b. governor/regent/mayor; and
c. minister/ office head of the related non –
department government institution.
(3) The certified copy of the agreement as referred to
in paragraph (2) shall be submitted at the latest
within a period of 14 (fourteen ) workdays as of the
signing.
(4) The form of the agreement shall observe the provisions
governed in Article 15.

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Paragraph 7
Acceptance of Assistance through Forwarding from the
Government and Regional Administration
Article 2 8
Acceptance of foreign assist ance indirectly to the social
organization through forwarding from the government and
regional administration is conducted in the following ways:
a. the department, which will receive the foreign
assistance notifies the regional administration
to designate the social organization, which will
receive the forwarding of foreign assistance;
b. the regional administration designa tes the social
organization, which will receive foreign assistance
based on the criteria, which has been set down
by the department, wh ich will forward the
assistance.
Article 2 9
The designation as referred to in Article 2 8 is conducted
after Memorandum of Understanding (MoU) between the
Government cq. the department of work partner and
provider of foreign assistance.
Article 30
The soci al organization which will receive the assistance
indirectly through forwarding from the Government and
Regional Administration shall meet the provisions as
referred to in Article 7.

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Article 31
(1) The designation of the social organization as referred
to in Article 2 8 is followed up by preparing the
agreement between the provider of assistance and the
social organization.
(2) The certified copy of the agreement as referred to
in paragraph (1) is submitted by the director of the
relevant social organization at the latest within a
period of 14 (fourteen) workdays as of the signing
by both parties to the Minister of Home Affairs with
the carbon copies sent to:
a. the minister/office head of the non -department
government institution , the work partner of the
pro vider of assistance;
b. governor/regent/mayor; and
c. minister/office head of the related non -depart –
ment government institution.
(3) The form of the agreement shall be made with due
observance of the provisions governed in Article 15.
CHAPTER IV
REQUIREME NT AND PROCEDURE FOR GRANTING OF
ASSISTANCE TO FOREIGN PARTY
Part One
Requirements
Article 32

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The social organization which will provide assistance to a
foreign party shall first secure approval from the
government.
Article 33
(1) To be able to provide as sistance to a foreign party,
the social organization shall be registered with:
a. The Department of Home Affairs;
b. Other government agencies; or
c. Regional administration.
(2) The assistance to a foreign party as referred to in
paragraph (1) can only be provided to the assistance
recipient in the country, which has diplomatic ties
with the State of the Republic of Indonesia.
(3) The assistance to a foreign party as referred to in
paragraphs (1) and (2) can be permitted with the
following requirements:
a. aimed at humanitarian activity ;
b. not originating from the result s of criminal act
and/or aimed at hiding or concealing result s of
criminal act ;
c. not used for unlawful activity in the country of
assistance recipient and international law;
d. not affec ting the diplomatic ties with the
country of assistance recipient; and/or
e. not creating negative impact on domestic social
life and economy.

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Part Two
Procedures
Article 34
(1) Assistance from a foreign party can be provided:
a. directly; or
b. indirectly .
(2) The direct assistance to a foreign party as referred
to in paragraph (1) letter a is provided in the
following ways:
a. money remittance through bank account ;
b. granting of money/goods to recipient of assist –
ance ; or
c. assistance of manpower servic e.
(3) The i ndirect assistance as referred to in paragraph
(1) letter b can take the following forms :
a. forwarding through social organization in the
country of recipient ;
b. forwarding through the g overnment of the country
of recipient ; or
c. forwarding through R egional Administration or
the State in the country of recipient .
Article 35
The social organization which will provide assistance
directly to a foreign party is obliged to report the plan
for providing the said assistance to:

25
a. The Minister of Home Affairs, for the social
organization, which provides assistance , and at the
same time which also has national working area
coverage;
b. The Minister of Hom e Affairs through Governor,
for th e social organization, which provides assist –
ance, and at the same time which also has the
provincial working area coverage; or
c. The Minister of Home Affairs through Regent/Mayor
with the carbon copy to the Governor, for social
organization, which provides assistance, and at
the same time which also has regency/mun icipal
working area coverage.
Article 36
The report on plan for providing assistance covers:
a. purpose and objective of assistance;
b. nature and type of assistance;
c. recipient of assistance ;
d. information on source of assistance ;
e. total and duration of assistance ; and
f. plan for monitoring the granting of assistance.
Article 37
The Minister of Home Affairs can approve the plan for
granting of assistance to a foreign party by social
organization, after coordinating with the related depart –

26
ment/non -de partment government institution to obtain consi –
deration.
Article 3 8
(1) The approval as referred to in Article 37 is provided
at the latest 14 (fourteen) workdays as of the receipt
of report as referred to in Article 36 .
(2) The approval as refer red to in paragraph (1) is submitted
to:
a. director of the relevant social organization;
b. governor/regent/mayor; and
c. office head of the related department/non -depart –
ment government institution.
Article 39
(1) The approval as referred to in Article 37 is foll owed
up by preparing the agreement on the granting of
assistance between the provider of assistance and
the recipient of assistance.
(2) The certified copy of the agreement as referred to
in paragraph (1) is submitted by the director of the
social organiza tion providing the assistance , to the
Minister of Home Affairs with the carbon copies sent
to:
a. governor/regent/mayor; and
b. office head of the related department/ non -depart –
ment government institution.

27
(3) The certified copy of the agreement as referre d to
in paragraph (2) shall be submitted at the latest
within a period of 14 (fourteen) workdays as of the
cooperation is sign ed .
(4) The form of the agreement shall be made with due
observance of the provisions governed in Article 15.
CHAPTER V
INFORMATIO N ON IMPLEMENTATION OF ACTIVITY
Article 40
(1) Implementation of acceptance of foreign assistance and
granting of assistance to a forei gn party by social
organization are informed to the public through public
media.
(2) Information through public media as referred to in
paragraph (1) is conducted at the latest within a
period of 14 (fourteen) workdays after the date of
activity implementation.
(3) Result s of activity implementation of social organi –
zation, which receives foreign assistance and activity
of p roviding assistance to a foreign party are
informed overally and periodically to the public.
(4) The presentation of information on result s of activity
implementation of social organization as referred to
in paragraph (3) can be conducted through exhibitio n/
display of work and/or product of social organization.

28
(5) The Minister of Home Affairs facilitates and coordinates
the implementation of exhibition/display of work
and/or product of the social organization.
CHAPTER VI
MONITORING AND EVALUATION
Article 41
(1) The monitoring on the granting of assistance from
and to a foreign party is jointly conducted by the
Minister of Home Affairs and social organization
concerned.
(2) Result s of monitoring becomes the input for evaluation
on effectiveness and efficien cy of use of assistance
and granting of assistance to a foreign party.
(3) The Minister of Home Affairs shall coordinate the
holding of the annual coordination meeti ng on evaluation
of cooperation between social organization and the
foreign party.
CHAPTER VII
TRANSITIONAL PROVISIONS
Article 42
Upon the validity of this Ministerial Regulation, the imple –
mentation of activity originating from the acceptance of
foreign assistance or the granting of assistance to a
foreign party, which is going on, continue to be able to
be conducted in accordance with the existing laws and
regulations.

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CHAPTER VII I
CLOSING PROVISIONS
Article 4 3
This Ministerial Regulation shall come into force as from
the date of stipulation.
Stipulated in Jakarta on August 15, 2008
MINISTER OF HOME AFFAIRS,
H. MARDIYANTO
__________________ _________
I, Manimbul Luhut Sitorus, certified, authorized and sworn
translator, appointed by virtue of the Decree of the Governor
of Jakarta Special Capital Region Number 5226/1998 SK GUB DKI,
date d the 17 th of June 1998, hereby certify that this translation
is correct and true to the document written in the Indonesian
language which was submitted to me.
Jakarta, September 27 , 2008.