to Indonesian
a. that in the framework to guarantee consumers' right on the right and clear information about condition and guarantee of goods are used by them, it is necessary to govern products labelling obligation as intended in Article 8 of Law No. 8/1999 concerning Consumers Protection;
b. that products labelling obligation is required for effective fostering and control for implementation of consumers protection;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 2/1981 concerning Legal Metrology (Statute Book No. 11/1981, Supplement to Statute Book No. 3193);
3. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
4. 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);
5. Law No. 8/1999 concerning Consumers Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
6. Law No. 15/2001 concerning Brand (Statute Book No. 110/2001, Supplement to Statute Book No. 4131);
7. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended the latest by Law No. 12/2008 (Statute Book No. 59/2008, Supplement to Statute Book No. 4844);
8. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
9. Government Regulation No. 10/1987 concerning Extension Unit, Additional Unit, and Other Legal Unit (Statute Book No. 17/1987, Supplement to Statute Book No. 3351);
10. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 1999/2000, Supplement to Statute Book No. 4020);
11. Government Regulation No. 58/2001 concerning Consumer Protection Fostering and Control (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);
12. Government Regulation No. 38/2007 concerning Administration Duty Sharing among Central Government, Province Government, and Regency/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
13. Presidential Regulation No. 9/2005 concerning Position, Duty, Function, Organization Structure, and Work Flow of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
14. Presidential Regulation No. 10/2005 concerning Organization Unit and Duty of First Echelon of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 50/2008;
15. Presidential Decree No. 84/P/2009 concerning Establishment of Second United Indonesia Cabinet;
16. Decree of the Minister of Industry and Trade No. 61/MPP/Kep/2/1998 concerning Metrological Operation as amended by Regulation of the Minister of Industry and Trade No. 251/MPP/Kep/6/1999;
17. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Work Flow of Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
18. Regulation of the Minister of Industry No. 19/M-IND/PER/5/2006 concerning Standardization, Guidance, and Supervisory of Indonesian National Standard for Industrial Products;
19. Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2007 concerning Standardization of Service on Trade and Controlling of Indonesian National Standard (SNI) Obliged to Tradable Products and Service as amended by Regulation of the Minister of Trade No. 30/M-DAG/PER/7/2007;
20. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Issuance of Trading License as amended by Regulation of the Minister of Trade No. 46/M-DAG/PER/9/2009;
21. Regulation of the Minister of Trade No. 19/M-DAG/PER/5/2009 concerning Registration of Manual Book and After Service Guarantee Card provided in Indonesian Language for Telecommunications, Informatics and Electronic Devices;
22. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Regulation and Method of Supervising Products and/or Services;
REGULATION OF THE MINISTER OF TRADE CONCERNING PRODUCTS LABELING OBLIGATION
In this Ministerial Regulation:
1. Label is every explanation about goods in the form of drawing, text, combination of both, or other form that has information about goods and business entrepreneur as well as other information according to the effective regulations, accompanied with goods, entered in, stick on, or part of goods packaging.
2. Goods are everything tangible or not tangible, movable or not movable, consumed all of or not, can be traded, used, functioned, or consumed by the consumers.
3. Import is all activities to enter goods to the customs area.
4. Customs area is area within territory of the Republic Indonesia covering land, waters, and air space, as well as certain places in the Exclusive Economics Zone and Continental Shelf where the Law on Customs is imposed;
5. Business Agents are individuals or corporate bodies that are set up and domiciled or carry out business activities in the territory of the Republic of Indonesia, either individually or jointly, through a business contract in various economic fields.
6. Consumer is every person uses available goods and/or service in the community, for the interest of itself, family, other person, or other life creature and not for trading.
7. Market is place to meet of seller party and buyer party to make transaction of selling-buying process.
8. International System unit (le Systeme International d'Unites) is measurement unit that has system of measurement based on basic unit legalized by General Compensation for Measurement and Scale.
9. Packing is place used to pack and/or cover goods, directly or indirectly cover the goods.
10. Director of Distributed Goods and Services Control is Director who has task and responsibility to control goods and services are distributed in the market.
11. Director General of Domestic Trade hereinafter called Dirjen PDN is Director General who has task and responsibility in domestic trading field.
12. Minister is Minister who has task and responsibility in the trading field.
(1) Entrepreneur who produces or imports products for trading in domestic market as intended in Attachments of this Ministerial Regulation is obliged to provide labeling in Indonesian Language.
(2) Attachments as intended in paragraph (1) consists of:
(3) Imported goods as intended in paragraph (1), when entering the customs area of the Republic of Indonesia have already been labelled in Bahasa Indonesia.
(4) Labeling as intended in paragraph (1) at least provided in Indonesian language which is clear enough and understandable.
(5) The use of language other than Indonesian Language, Arabic Numbers, and Latin alphabet is allowed if it has no translation in Indonesian Language.
(1) Entrepreneur who produces or imports products for trading purpose in domestic market as intended in Article 2, is obliged to submit sample of label provided in Indonesian Language to Director General of Domestic Trade, in this case is Director of Controlling of Circulated Products and Services.
(2) If sample of label that is submitted to Director as intended in paragraph (1) is approved, Director of Controlling of Circulated Products and Services shall issue certificate on labeling provided in Indonesian Language within 5 (five) working days after receiving sample of label.
(3) Certificate on labeling provided in Indonesian Language as intended in paragraph (2) is:
(4) The submission of such label sample as referred to in paragraph (1) shall be done through:
(5) Issuance of certificate as intended in paragraph (2) is free of charge.
Entrepreneur as intended in Article 2 paragraph (1) who trades goods by measured volume and weight, is obligated to put label by using International System or sign of International System unit based on decimal.
(1) Labelling as intended in Article 2 should be put not easy to remove from the goods or packing, not easy to be erased or damaged, and easy to be seen or read.
(2) Labelling as intended in paragraph (1) that is not possible to put on the small size goods, should be put on the packing or in separate guide.
(3) Size of label shall be proportional with size of goods or the packing.
(1) Label as intended in Article 2 paragraph (1), consists explanation of goods and identity of entrepreneur as stated in Attachment of this Ministerial Regulation.
(2) Explanation in goods label in related with safety, secure, and health of consumers and life environment should consists of:
(3) Entrepreneur identity as intended in paragraph (1) for goods as stated in Attachment I, Attachment II, Attachment III, and Attachment IV of this Ministerial Regulation, at least has:
(4) Address as intended in paragraph (3) at least has company name and city of its domicile location.
Beside labelling as intended in Article 6 paragraph (1), entrepreneur should put explanation according effective regulations.
Entrepreneur is prohibited to put label:
(1) Entrepreneur not fulfil provision as intended in Article 5 and/or Article 8 a, is obligate to take back the goods from distribution and not trade those goods.
(2) Taking back of goods from distribution as intended in paragraph (1), based on instruction of Dirjen PDN on behalf of the Minister.
(3) All taking back from distribution costs as intended in paragraph (2) shall be born by entrepreneur.
Goods are taking back from distribution as intended in Article 9 can be distributed again after fulfil provision on labelling according to this Ministerial Regulation.
(1) Labeling provided in Indonesian Language according to this Ministerial Regulation has exception for:
(2) Labeling exception applied for imported products as intended in paragraph (1) b shall be issued if motor vehicle manufacturer or sole agent of brand applies for exception permit to Director General of Domestic Trade, in this case Director of Controlling of Circulated Products and Services, by submitting the following documents:
(3) Such submission of application as referred to in paragraph (2) shall be made by showing the original documents.
(4) Based on such application as referred to in paragraph (2),Director General PDN shall forward the list of those motored vehicles producers or authorized agents of motored vehicles not imposed the obligation of goods labelling in Indonesian Language to the Director General of Customs with a cc to the applicant.
(1) Fostering and Control on the goods labelling as governed by this Ministerial Regulation is conducted by Minister.
(2) Minister delegate fostering and control right as intended in paragraph (1) to Dirjen PDN.
(3) Implementation of fostering and control as intended in paragraph (2) is conducted by Dirjen PDN itself or together with related technical agency in central or regional area.
(4) Fostering as intended in paragraph (1) in the form of service and spread information, education, and consultation, directly or indirectly to the entrepreneurs and/or consumers.
(5) Control as intended in paragraph (1) is conducted according regulations are governed provision and procedure to supervise goods and/or service.
(1) Entrepreneur are not taking back goods from distribution as intended in Article 9 will be fined administration sanction in the form:
(2) Revocation of SIUP as intended in paragraph (1) a by:
(3) In case entrepreneur is fined administration sanction as intended in paragraph (1), Dirjen PDN will submit recommendation of business license revocation to the related authorized agencies/officials.
(1) Business entrepreneur who make violation to the provision as intended in Article 2 paragraph (1), Article 6, Article 7, or Article 8 paragraph b, will be fined according to Law No. 8/1999 concerning Consumers Protection.
(2) Business entrepreneur who make violation to the provision as intended in Article 4 will be fined sanction according Law No. 2/1981 concerning Legal Metrology.
Kinds of goods are obliged to provide labelling stated in Attachment of this Ministerial Regulation, and they will be added based on requirements that will be stipulated by Ministerial Regulation.
Technical guideline to implement this Ministerial Regulation, will be regulated by Dirjen PDN.
Attachment I, Attachment II, Attachment III, and Attachment IV are integral part of this Ministerial Regulation.
When this Ministerial come into force, in case:
This Ministerial Regulation shall come into force 1 (one) year after stipulation date.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 21, 2009
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU