to Indonesian
a. that to increase effective control on the importers of alcoholic beverages 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 several times, the latest by Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2012;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86 of 1938);
2. Emergency Law No. 7 of 1955 concerning the Investigation, Prosecution and Trial of Economic Criminal Offences (Statute Book No. 27 of 1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in lieu of Law No. 26 of 1960 concerning Amendment to Article 27 and Article 28 of Emergency Law No. 7 of 1955 (Statute Book of the Republic of Indonesia No. 74 of 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 of 1962, Supplement to Statute Book of the Republic of Indonesia No. 2469);
4. Law No. 3 of 1982 concerning Obligatory Company Registration (Statute Book of the Republic of Indonesia No. 7 of 1982, Supplement to Statute Book of the Republic of Indonesia No. 3214;
5. Law No. 5 of 1984 concerning Industrial Affairs (Statute Book of the Republic of Indonesia No. 22 of 1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
6. Law No. 7 of 1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57 of 1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
7. Law No. 10 of 1995 concerning Customs (Statute Book No. 75 of 1995, Supplement to Statute Book No. 3612) as amended by Law No. 17 of 2006 (Statute Book of the Republic of Indonesia No. 93 of 2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
8. Law No. 11 of 1995 concerning Excise (Statute Book No. 76 of 1995, Supplement to Statute Book No. 3613) as amended by Law No. 39 of 2007 (Statute Book of the Republic of Indonesia No. 105 of 2007, Supplement to Statute Book of the Republic of Indonesia No. 4755);
9. Law No. 7 of 1996 concerning Food (Statute Book of the Republic of Indonesia No. 99 of 1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
10. Law No. 5 of 1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33 of 1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);
11. Law No. 8 of 1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42 of 1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);
12. Law No. 36 of 2000 concerning the Passage of Government Regulation in lieu of Law No. 1 of 2000 concerning Free Trade Zone and Free Port into Law (Statute Book of the Republic of Indonesia No. 251 of 2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) as amended by Law No. 44 of 2007 concerning the Passage of Government Regulation in lieu of Law (Statute Book of the Republic of Indonesia No. 130 of 2007, Supplement to Statute Book of the Republic of Indonesia No. 4775);
13. Law No. 32 of 2004 concerning Regional Government (Statute Book No. 125 of 2004, Supplement to Statute Book No. 4437) as amended several times, the latest by Law No. 12 of 2008 (Statute Book of the Republic of Indonesia No. 59 of 2008, Supplement to Statute Book of the Republic of Indonesia No. 4844);
14. Law No. 29 of 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 of 2007, Supplement to Statute Book of the Republic of Indonesia No. 4744);
15. Law No. 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166 of 2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
16. Law No. 36 of 2009 concerning Health (Statute Book of the Republic of Indonesia No. 144 of 2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
17. Government Regulation No. 11 of 1962 concerning the Trade of Goods under Surveillance (Statute Book of the Republic of Indonesia No. 46 of 1962, Supplement to Statute Book of the Republic of Indonesia No. 2473) as amended by Government Regulation No. 19 of 2004 (Statute Book of the Republic of Indonesia No. 68 of 2004, Supplement to Statute Book of the Republic of Indonesia No. 4402);
18. Government Regulation No. 69 of 1999 concerning Food Label and Advertisement (Statute Book of the Republic of Indonesia No. 131 of 2004, Supplement to Statute Book of the Republic of Indonesia No. 3867);
19. Government Regulation No. 28 of 2004 concerning Food Security, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107 of 2004, Supplement to Statute Book of the Republic of Indonesia No. 4424);
20. Government Regulation No. 38 of 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 of 2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
21. Government Regulation No. 32 of 2009 concerning Bonded Hoarding Place (Statute Book of the Republic of Indonesia No. 61 of 2009, Supplement to Statute Book of the Republic of Indonesia No. 4998);
22. Presidential Decree No. 260 of 1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
23. Presidential Decree No. 3 of 1997 concerning the Supervision and Control of Alcoholic Beverages;
24. Presidential Decree No. 84/P of 2009 concerning the Formation of Second United Indonesia Cabinet as amended by Presidential Decree No. 59/P of 2011;
25. Presidential Regulation No. 47 of 2009 concerning Establishment and Organization of State Ministries as amended several times, the latest by Presidential Regulation No. 91 of 2011;
26. Presidential Regulation No. 24 of 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 of 2010;
27. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trading Business Permits as amended several times the latest by Regulation of the Minister of Trade No. 39/M-DAG/PER/12/2011;
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 several times, the latest by Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2012;
31. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provision in Import;
32. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
33. 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;
34. Regulation of Minister of Trade No. 27/M-DAG/PER/5/2012 concerning Provisions on the Importer's Identity Number;
REGULATION OF THE MINISTER OF TRADE CONCERNING THE FOURTH 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. 15/M-DAG/PER/3/2012 shall be amended as follows:
1. Provision in Article 8B shall be amended become as follows:
"Article 8B
IT-MB already obtain import approval as intended in Article 8B paragraph (1) should realize the import of Alcoholic Beverages at minimum 80% (eighty percent) for every phase."
2. Between Article 8B and Article 9 is inserted 1 (one) article, called Article 8C, read as follow:
"Article 8C
(1) IT-MB already obtain import approval as intended in Article 8A paragraph (1) can apply changing and/or add brand name/kind and principle name of Alcoholic Beverages in the actual year.
(2) Changing and/or add brand name/kind and principle name of Alcoholic Beverages should get approval from Minister.
(3) To obtain approval for changing and/or add principle of Alcoholic Beverages, IT-MB should file application to the Director General of Foreign Trade by attaching documents:
(4) Minister issue approval to change and/or add brand name/kind and principle name of Alcoholic Beverages at the latest 5 (five) working days since received complete and correct application as intended in paragraph (3)."
This Ministerial Regulation shall come into force on October 1, 2012.
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 August 24, 2012
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
Signed,
GITA IRAWAN WIRJAWAN