to Indonesian
a. that in order to enhance national competitiveness and facilitate trade toward the global competition, it is necessary to support smooth and speed flow of exports and/or imports goods, and reduce transaction costs through increased efficiency of time and cost in the process of customs release and clearance of cargoes;
b. that to implement Indonesia's commitment in the Agreement to Establish and Implement the ASEAN Single Window, it is necessary to be established effective, efficient, and sustainable National Single Window system;
c. that based on the considerations as intended in paragraphs a and b, it is necessary to stipulate Presidential Regulation concerning the Use of Electronic Systems in the Framework of Indonesia National Single Window;
1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia of 1945;
2. Trade Law 1934 (Statute Book Number 38 of 1938) as amended and supplemented;
3. Law of the Republic of Indonesia Number 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia Number 56 of 1992, Supplement to Statute Book of the Republic of Indonesia Number 3482);
4. Law of the Republic of Indonesia Number 7 of 1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia Number 57 of 1994, Supplement to Statute Book of the Republic of Indonesia Number 3564);
5. Law of the Republic of Indonesia Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law of the Republic of Indonesia Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
6. Law of the Republic of Indonesia Number 7 of 1996 concerning Food (Statute Book of the Republic of Indonesia Number 99 of 1996, Supplement to Statute Book of the Republic of Indonesia Number 3656);
7. Law of the Republic of Indonesia Number 17 of 2003 concerning State Finance (Statute Book of the Republic of Indonesia Number 47 of 2003, Supplement to Statute Book of the Republic of Indonesia Number 4286);
PRESIDENTIAL REGULATION CONCERNING THE USE OF ELECTRONIC SYSTEM IN THE FRAMEWORK OF INDONESIA NATIONAL SINGLE WINDOW.
In this Presidential Regulation what is referred as:
1. Electronic system is a system for collecting, preparing, storing, processing, analyzing, and disseminating electronic information;
2. Indonesia National Single Window, hereinafter called as INSW is Indonesia national system that allows the single submission of data and information, single and synchronous processing of data and information, and single decision-making for custom release and clearance of cargoes;
3. INSW Portal is a system that will perform the integration of information relating to the handling of customs documents and clearance of cargo, ensuring data and information security as well as integrating flow and processes of information among internal systems automatically, which includes system of customs, licensing, port/airport affairs, and the other systems related with the handling of customs documents and clearance of cargo;
4. Domain name is the Internet address of a person, association, organization, business entity, or government agency that can be used to communicate through the Internet in the form of code or characters that are unique indicates a particular location in the Internet;
5. The security system is a system used in the security of data and information, network connections, and supporting infrastructure, which is done either physically or using the software;
6. Access is the activity to interact with electronic systems that stand alone or with the network;
7. Electronic document is any electronic information created, transmitted, sent, received, or stored in the form of analog, digital, electro-magnetic, optical, or the like, which can be seen, displayed and/or heard through computer or electronic systems, including but not limited to in writing, sounds or images, maps, designs, photos or the like, letters, signs, numbers, access codes, symbols or perforations having meaning or sense or can be understood by person who are able to understand it;
8. Electronic data interchange is a legal act performed by means of an electronic system among the parties to exchange data;
9. Audit trace hereinafter called as audit trail is the result of a electronic process security system that is used to ensure conducting INSW execution trace;
10. INSW Portal users are the parties who access the INSW Portal consisting of permit issuing agency, the Directorate General of Customs and Excise, exporters, importers, shipping agents, and Customs Settlement Services Provider;
11. The access receiver is INSW portal user authorized to access INSW Portal according to the granted access authority.
(1) This Presidential Regulation is intended to govern the use of electronic systems in the handling of customs documents and licensing relating to the export and/or import activities in the framework of INSW.
(2) Goal of governing:
(1) Handling of customs documents and licensing services relating to the export and/or import through INSW.
(2) Development and implementation of INSW as intended in paragraph (1) shall be conducted as per the guidelines determined by the Ministry of Finance.
(1) For the handling of customs documents and licensing services related to exports and/or imports activities, the Government provides INSW Portal.
(2) Providing of INSW Portal as intended in paragraph (1) conducted by the Ministry of Finance in accordance with the regulation.
(3) INSW Portal as intended in paragraph (1) managed by INSW Portal operator that is determined further by separate Presidential Decree.
INSW Portal using domain name www.insw.go.id.
INSW Portal Operator have obligations:
(1) The users give and/or receive license, the data and information are submitted through the electronic system from and to the INSW Portal.
(2) License, data, and information as intended in paragraph (1) are electronic documents that bind the parties related with INSW.
INSW Portal Operator and all INSW Portal users are obligated to do security for the INSW Portal through management and operational policy as well as the provision of necessary infrastructure.
(1) The user parties, to be able to access the INSW Portal, shall have the INSW access right.
(2) Further provisions on granting access rights as intended in paragraph (1) shall be regulated by the Ministry of Finance.
(1) Each recipient INSW access right responsible for maintaining the security on the use of this access right.
(2) The receiver of INSW access right responsible for any data submitted to the INSW Portal.
(3) INSW Portal user that submit data through INSW Portal are required to provide back up data.
(4) Each INSW Portal user agency shall determined Service Level Arrangement to be obeyed and implemented in order to create legal certainty.
(5) Each INSW User Portal agency shall uses standard data elements used in INSW.
(1) INSW Portal Operator and INSW Portal User are required to provide an audit trail for all activities in INSW.
(2) Audit trail as intended in paragraph (1) is used to identify and test the validity of electronic transaction processing through INSW.
(3) In case of discrepancy of data and information among the INSW Portal users, so the existing audit trail in INSW Portal becomes base of search.
(1) In case of INSW Portal can not function due to force majeure, the handling of customs documents and clearance of cargos are implemented through emergency procedures.
(2) Emergency procedures as intended in paragraph (1) shall be further regulated by the Ministry of Finance.
(1) Prior to the establishment of INSW Operator as intended in Article 4 paragraph (3), the INSW management responsible party conducted by NSW Preparation Team, chaired by the Minister of Finance.
(2) NSW Preparation Team membership structure as intended in paragraph (1) shall be determined by the Coordinating Minister for the Economy.
Employers consisting of exporters, importers, shipping agents and customs settlement service providers who use the service through the INSW Portal are charged in accordance with applicable regulations.
(1) Ministry/Non Ministerial Government Agency or other agencies related to exports and/or imports, gradually mandatory shall use INSW system at the latest by the end of September 2008.
(2) Phasing as intended in paragraph (1) shall be determined by the Minister of Finance.
Further provisions required for the implementation of this Presidential Regulation in each user agency regulated collectively or individually with the Ministerial Regulation or Head of User Agency.
This Presidential Regulation shall come into force on the date of stipulation.
Stipulated in Jakarta
on February 26, 2008
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
signed,
DR. H. SUSILO BAMBANG YUDHOYONO
Based on the original
Deputy Secretary of the Cabinet
Legal Section,
signed,
Dr. M. Iman Santoso