a. that in the increasing of natural oil price that influence increasing of domestic production cost for Plantation White Sugar, it is necessary to adjust white sugar price in the farmers level that is Rp. 4,900 as stated in Regulation of the Minister of Trade No. 18/M-DAG/PER/4/2007;
b. that adjustment of white sugar price in the farmers level should consider effort to increase efficiently and productivity (sugar) follow revitalization program of domestic sugar industry;
c. that based on consideration for interest of many parties such as sugar farmers, industry that use sugar, or people as sugar consumer, it is necessary to amend Decree of the Minister of Industry and Trade No. 527/MPP/Kep/9/2004 concerning Provisions on the Import of Sugar;
d. that based on consideration as intended in paragraph a, paragraph b and paragraph c, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. 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);
3. Presidential Decree No. 260/1967 concerning Affirmation of Task and Responsibility of the Minister of Trade in the Foreign Trade Sector;
4. Presidential Decree No. 187/M/2004 concerning the Establishment of the United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
5. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 94/2006;
6. Presidential Regulation No. 10/2005 concerning Organizational Units and Tasks of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation No. 17 of/2007;
7. Decree of the Minister of Industry and Trade No. 527/MPP/Kep/9/2004 concerning General Provisions on the Import of Sugar as amended several times, the latest by Regulation of the Minister of Trade No. 18/M-DAG/PER/4/2007;
8. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Working Arrangement of the Ministry of Trade as amended by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
General Meeting Result of Indonesian Sugar Committee dated May 13, 2008 that propose increasing of Plantation White Sugar price in farmers level;
REGULATION OF THE MINISTER OF TRADE CONCERNING FIFTH AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE No. 527/MPP/Kep/9/2004 CONCERNING PROVISIONS ON THE IMPORT OF SUGAR
Several provisions in Decree of the Minister of Industry and Trade No. 527/MPP/Kep/9/2004 concerning General Provisions on the Import of Sugar as amended several times, the latest by Regulation of the Minister of Trade No. 18/M-DAG/PER/4/2007 are amended as follows:
1. Provision in Article 7 paragraph (2), paragraph (4) and paragraph (5) are amended, so wholly Article 7 read as follows:
"Article 7
(1) Plantation white sugar as intended in Article 1 paragraph 4, importable must have ICUMSA rates of between 70 IU to 200 IU.
(2) Plantation White Sugar as intended in paragraph (1) only can be imported:
(3) Milling season of sugarcane plants produced by farmers as intended in paragraph (2) a is decided by the Minister of Agriculture.
(4) Decisions on condition of price of plantation white sugar produced by farmers reaching above Rp 5,000/kg (five thousand rupiah per kilogram) and/or condition of local production and or stock of plantation white sugar not sufficient to meet demand as intended in paragraph (2) b and c shall be based on resolutions of coordination meeting between related agencies and associations.
(5) Price of plantation white sugar produced by farmers at Rp 5,000,-/kg (five thousand rupiah per kilogram) may be amended and stipulated otherwise by the Minister after considering resolutions of coordination meeting between related agencies and association.
(6) Quantity of sugar imported to meet local demand shall be decided based on resolutions of coordination meeting between related institutions/agencies and association after taking into account matters as intended in paragraphs (4) and (5)."
2. Provision in Article 13 paragraph (1) shall be amended, so wholly Article 13 read as follows:
"Article 13
(1) A company that has had certificate of registered importer of sugar must carry out support of price of sugar if price of plantation white sugar produced by farmers is below Rp 5,000,-/Kg (five thousand rupiah per kilogram), in cooperation with another party that has secured permit from local association of sugarcane farmers.
(2) Other than registered importer of sugar as referred to in paragraph (1) the minister of his authorized official may appoint another company to execute import in the framework of support of price of plantation whit sugar and national sugar stock."
3, Between Article 24 and Article 25 is inserted 1 (one) article, called Article 24A reads as follows:
"Article 24A
By this Regulation come into force, Regulation of the Minister of Trade No. 18/M-DAG/PER/4/2007 concerning Fourth Amendment to the Decree of the Minister of Industry and Trade No. 527/MPP/Kep/9/2004 concerning General Provisions on the Import of Sugar is revoked and declared null."
This Ministerial Regulation shall come into effect on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on May 29, 2008
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU