to Indonesian
a. that alcoholic drink is kind of drink that is consumed by limited group of people in Indonesia with certain reasons, so it is necessary to increase effective control and restrict quantity and importers of alcoholic drink;
b. that based on consideration as intended in paragraph a and to make conducive business atmosphere, it is necessary to amend several provisions in Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink as amended by Regulation of the Minister of Trade No. 53/M-DAG/PER/12/2010;;
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. Emergency Law No. 7/1955 concerning the Investigation, Prosecution and Trial of Economic Criminal Offences (Statute Book No. 27/1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in lieu of Law No. 26/1960 concerning Amendment to Article 27 and Article 28 of Emergency Law No. 7/1955 (Statute Book No. 74/1960, Supplement to Statute Book No. 1910);
3. Government Regulation in lieu of Law No. 8/1962 concerning the Trade of Goods under Surveillance (Statute Book No. 42/1962, Supplement to Statute Book No. 2469);
4. Law No. 3/1982 concerning Obligatory Company Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214;
5. Law No. 5/1984 concerning Industrial Affairs (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
6. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
7. 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);
8. Law No. 11/1995 concerning Excise (Statute Book No. 76/1995, Supplement to Statute Book No. 3613) as amended by Law No. 39/2007 (Statute Book No. 105/2007, Supplement to Statute Book No. 4755);
9. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);
10. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3806);
11. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
12. Law No. 36/2000 concerning the Passage of Government Regulation in lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port into Law (Statute Book No. 251/2000, Supplement to Statute Book No. 4053) as amended by Law No. 44/2007 concerning the Passage of Government Regulation in lieu of Law (Statute Book No. 130/2007, Supplement to Statute Book No. 4775);
13. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended several times, the latest by Law No. 12/2008 (Statute Book No. 59/2008, Supplement to Statute Book No. 4844);
14. Law No. 29/2007 concerning the Government of Special Province of Jakarta as the Capital of the Unitary State of the Republic of Indonesia (Statute Book No. 93/2007, Supplement to Statute Book No. 4744);
15. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
16. Law No. 36/2009 concerning Health (Statute Book No. 144/2009, Supplement to Statute Book No. 5063);
17. Government Regulation No. 11/1962 concerning the Trade of Goods under Surveillance (Statute Book No. 46/1962, Supplement to Statute Book No. 2473) as amended by Government Regulation No. 19/2004 (Statute Book No. 68/2004, Supplement to Statute Book No. 4402);
18. Government Regulation No. 69/1999 concerning Food Label and Advertisement (Statute Book No. 131/2004, Supplement to Statute Book No. 3867);
19. Government Regulation No. 28/2004 concerning Food Security, Quality and Nutrition (Statute Book No. 107/2004, Supplement to Statute Book No. 4424);
20. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
21. Government Regulation No. 32/2009 concerning Bonded Hoarding Place (Statute Book No. 61/2009, Supplement to Statute Book No. 4998);
22. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
23. Presidential Decree No. 3/1997 concerning the Supervision and Control of Alcoholic Drinks;
24. Presidential Decree No. 84/P/2009 concerning the Formation of Second United Indonesia Cabinet as amended by Presidential Decree No. 59/P/2011;
25. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended several times, the latest by Presidential Regulation No. 91/2011;
26. Presidential Regulation No. 24/2010 concerning the Position, Task, Function of State Ministries as well as Organizational Structure, Task and Function of First Echelon of State Ministries as amended by Presidential Regulation No. 67/2010;
27. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trading Business Permits (SIUP) as amended by Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009;
28. Regulation of the Minister of Trade No. 37/M-DAG/PER/9/2007 concerning Obligatory Company Registration;
29. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Provisions on and Procedures of Supervision Goods and/or Services;
30. Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink as amended by Regulation of the Minister of Trade No. 53/M-DAG/PER/12/2010;
31. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer’s Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
32. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provision in Import;
33. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
34. Regulation of the Minister of Finance No. 188/PMK.04/2010 concerning the Import of Goods are Carried by Passengers, Crew Members of Carriers, Border Crossers and Delivery Goods;
REGULATION OF THE MINISTER OF TRADE CONCERNING SECOND AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 43/M-DAG/PER/9/2009 CONCERNING THE PROCUREMENT, CIRCULATION, SALES, SUPERVISION, AND CONTROL OF ALCOHOLIC DRINKS
Several provisions in Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink as amended by Regulation of the Minister of Trade No. 53/M-DAG/PER/12/2010 shall be amended as follows:
1. Between Article 8A and Article 9 is inserted 1 (one) article, called Article 8B, so it is read as follows:
"Article 8B
IT-MB already obtain import approval as intended in Article 8B paragraph (1) should realize the import of Alcoholic Drink at minimum 50% (fifty percent)."
2. Article 43 shall be amended so as to read as follows:
"Article 43
IT-MB violating provisions in Article 8A paragraph (3), Article 8B, Article 9 paragraph (1), Article 28 and Article 33 of this Ministerial Regulation shall be liable to a sanction by having their IT-MB status revoked and/or a criminal sanction according to the laws and regulations."
3. Between Article 48 and Article 49 is inserted 1 (one) article, called Article 48A, it is read as follows:
"Article 48A
Exemption to the provision in this Ministerial Regulation only can be determined by the Minister."
4. Attachment II of Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink as amended by Regulation of the Minister of Trade No. 53/M-DAG/PER/12/2010 shall be amended become as stated in Attachment that is an integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on the date of promulgation.
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 March 1, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN