to Indonesian
a. that to support fulfilment of alcoholic beverages domestic demand, it is necessary to increase effective control on the alcoholic beverages
b. that based on consideration as intended in paragraph a and to make conducive business climate, 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 Beverages as amended by Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2012;
c. that based on consideration as intended in paragraphs a and 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 of the Republic of Indonesia No. 74/1960, Supplement to Statute Book of the Republic of Indonesia No. 1910);
3. Law No. 8 Prp of 1962 concerning the Trade of Goods under Surveillance (Statute Book of the Republic of Indonesia No. 42/1962, Supplement to Statute Book of the Republic of Indonesia No. 2469);
4. Law No. 3/1982 concerning Obligatory Company Registration (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214;
5. Law No. 5/1984 concerning Industrial Affairs (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
6. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 105/2007, Supplement to Statute Book of the Republic of Indonesia No. 4755);
9. Law No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
10. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);
11. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 251/2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) as amended by Law No. 44/2007 concerning the Passage of Government Regulation in lieu of Law (Statute Book of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 59/2008, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 93/2007, Supplement to Statute Book of the Republic of Indonesia No. 4744);
15. Law No. 39/2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
16. Law No. 36/2009 concerning Health (Statute Book of the Republic of Indonesia No. 144/2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
17. Government Regulation No. 11/1962 concerning the Trade of Goods under Surveillance (Statute Book of the Republic of Indonesia No. 46/1962, Supplement to Statute Book of the Republic of Indonesia No. 2473) as amended by Government Regulation No. 19/2004 (Statute Book of the Republic of Indonesia No. 68/2004, Supplement to Statute Book of the Republic of Indonesia No. 4402);
18. Government Regulation No. 69/1999 concerning Food Label and Advertisement (Statute Book of the Republic of Indonesia No. 131/2004, Supplement to Statute Book of the Republic of Indonesia No. 3867);
19. Government Regulation No. 28/2004 concerning Food Security, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107/2004, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
21. Government Regulation No. 32/2009 concerning Bonded Hoarding Place (Statute Book of the Republic of Indonesia No. 61/2009, Supplement to Statute Book of the Republic of Indonesia 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 Beverages;
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 as amended by Regulation of the Minister of Trade No. 46/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 Beverages as amended by Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2012;
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 THIRD 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 BEVERAGES
Several provision in Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Beverages as amended by Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2012 shall be amended as follows:
1. Between paragraph (3) and paragraph (4) of Article 8 is inserted 1 (one) paragraph, called paragraph (3a), so Article 8 is read as follows:
"Article 8
(1) The allocation of the types and quantities of alcoholic beverages that can be imported to meet consumption needs shall be set based on the pattern of distribution in the fulfilment of consumption needs for alcoholic beverages whose sales is subject to duty (duty paid) and is not subject to duty (duty not paid).
(2) The consumption needs for alcoholic beverages whose sales is not subject to duty (duty not paid) as intended in paragraph (1) shall be imported by BUMN appointed by the Minister.
(3) The Minister shall every year set the allocation of types and quantities of alcoholic beverages to meet national needs by considering:
(3a) In determination of allocation for kinds and quantities of alcoholic beverages that can be imported each year as intended in paragraph (3), Minister can determines allocation of kinds and quantities of alcoholic beverages that can be imported in every steps.
(4) In case prediction as intended in paragraph (3) a 3 is not available in certain period, stipulation of allocation of kinds and quantity of imported alcoholic beverages for duty paid need will be stipulated based on consideration as intended in paragraph (3) a 1 and 2.
(5) Allocation of imported alcoholic beverages as intended in paragraph (3) a for next allocation year will be divided for:
(6) Allocation to import alcoholic beverages as intended in paragraph (5) is stipulated on April 1 every year.
(7) Allocation to import alcoholic beverages to IT-MB as intended in paragraph (5) b is less than IT-MB as intended in paragraph (5) a.
(8) Allocation to import alcoholic beverages to IT-MB as intended in paragraph (7) maximum 80% (eighty percent) of the smallest allocation for IT-MB as intended in paragraph (5) a.
(9) In case 20% (twenty percent) allocation to import alcoholic beverages as intended in paragraph (5) b not be divided all, the rest of location to import alcoholic beverages will be divided in average to IT-MB as intended in paragraph (5) a.
(10) In case no stipulation of new IT-MB, 20% (twenty percent) allocation to import alcoholic beverages as intended in paragraph (5) b will be divided in average to IT-MB as intended in paragraph (5) a."
2. Provision in Article 8A shall be amended so Article 8A is read as follows:
"Article 8A
(1) The import allocation of alcoholic beverages as intended in Article 8 paragraph (5) for IT-MB shall be granted by the Minister in the form of import approval.
(2) To get import approval letter as intended in paragraph (1), IT-MB shall propose application to the Minister by attached copy of IT-MB at the latest 15 (fifteen) days before the current year.
(3) IT-MB that has secured the allocation as intended in paragraph (5) shall conduct import itself.
(4) In case IT-MB already get approval to import alcoholic beverages as intended in paragraph (2) not realize to import alcoholic beverages, allocation to import alcoholic beverages can be transfer to other IT-MB based on approval from the Minister.
(5) Allocation to import alcoholic beverages as intended in paragraph (4) can be transferred to:
3. Provision in Article 8B shall be amended become as follows:
"IT-MB already obtain import approval as intended in Article 8B paragraph (1) should realize the import of Alcoholic Beverages at minimum 50% (fifty percent) for every step."
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 21, 2012
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN