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GOVERNMENT REGULATION IN LIEU OF LAW
NUMBER 8 OF 1962

CONCERNING
TRADING OF GOODS UNDER SURVEILLANCE

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Elucidation

Considering:

1. that in the framework to implement Guided Economics and Economics Operation Highest Command, it is necessary to take enforcement and surveillance actions on the trading of goods are considered important to the economics, with the purpose to secure such goods;

2. that in relation with the matters as intended in paragraph 1, it is necessary:

• a. determined goods are considered important as goods under surveillance of the Government;
• b. do affirmation of the authority to regulate the matters in paragraph 2a;

3.

• a. that "Export Crisis Law 1932", "Law of Goods under Surveillance 1948", "Rice Law 1948", "Law No. 7/Drt of 1952", and "Law of Goods Storage 1951" are no longer relevant to recent condition and needs to be reviewed;
• b. that therefore it is necessary to regulate trading of goods that are considered important as goods under surveillance of the Government;

4. that due to its circumstances force, it is regulated by Government Regulation in Lieu of Law;

In view of:

1. Article 22 and Article 33 of the Constitution;

2. Determination of M.P.R.S. No. I and H/MPRS/1960;

3. Presidential/Leader of Economics Operation Highest Command Instruction No. 2/Ko. T.O.E. dated May 18, 1962;

4. Law no. 7/Drt of 1955 as amended and supplemented;

5. "Export Crisis Law 1933", "Law of Goods under Surveillance 1948", "Rice Law 1948", "Law. No. 7/Drt of 1952", "Law of Goods Storage 1951 ";

Decides:

First:

to revoke: "Export Crisis Law 1933" (Statute Book No. 353 of 1933), "Law of goods under surveillance 1948" (Statute Book No. 144 of 1948), "Rice Law 1948" (Statute Book No. 253 of 1948), "Law. No. 7/Drt of 1952" (Statute Book No. 33 of 1952), and "Law of Goods Storage 1951" (Statute Book No. 4 of 1953) as have been amended and supplemented.

Second:

To stipulate:Government Regulation in Lieu of Law concerning Trading of Goods Under Surveillance.

Article 1

In this Government Regulation in Lieu of Law and its implementation rules, what is referred as:

• a. Authority: The authorized Official who is appointed: with or based on the Government Regulation;
• b. Trading: Activities of sales and/or delivery and/or stock and/or transportation and/or processing of goods under surveillance;
• c. The goods under surveillance: All items in any form, either imported or from domestic production, which by or under Government Regulation, were appointed as the goods under the control of the Government;
• d. Stock: A number of goods are owned, controlled, stored, either alone, or for or with other parties, including those in transportation;
• e. Circulation: Distribution of goods under surveillance of authority, or with the mediation of the merchants or other parties;
• f. Transportation: Displacement/release goods under surveillance by any means of transportation in or out of the territory of the Republic of Indonesia;
• g. Processing: The effort to change form and/or improve the quality of the goods under surveillance.

Article 2

With or based on the Government Regulation, it may be appointed goods as goods under surveillance.

Article 3

With or based on the Government Regulation, it may be determined that for the purpose of circulation of goods under surveillance can be issued regulations on the Trading of the Goods under surveillance.

Article 4

In the regulations as intended in Article 3 can be determined:

• a. that anyone without permission is prohibited to trade goods under surveillance;
• b. licensing requirements to trade goods under surveillance are included in paragraph a;
• c. provisions on the organization and/or groups are work in the field of trade;
• d. other provisions are necessary for best implementation of Article 3.

Article 5

(1) With or by Government Regulation, it can be determined, that trading goods under surveillance:

• a. can be controlled and conducted by the Authority;
• b. can be controlled and conducted by the Authority together with the private entrepreneurs/organizations;
• c. can be controlled and conducted by private entrepreneurs/ organizations.

(2) In the Government Regulation as intended in paragraph (1) of this article can also determined the terms of guidance and assistance of Authority to and coordination among private entrepreneurs/organizations as intended in paragraph (1) of this Article.

Article 6

(1) If the terms or provisions as intended in article 4 are not executed properly or neglected in practice, so with or based on the Government Regulation can be determined further provisions on the implementation of charging the costs to the relevant due to negligence.

(2) In fulfilling the obligations are governed by this Government Regulation in Lieu of Law, which cause harm to itself, it may be given compensation or reimbursement of damages in cases as intended in Article 4 which further stipulated by or based on Government Regulation.

Article 7

With or based on Government Regulation, it is determined authorized officials who are given authority to implement this Government Regulation in Lieu of Law.

Article 8

(1) Violations of the provisions of this Government Regulation in Lieu of Law and its implementation of regulations are economic crime.

(2) With or based on Government Regulation that implements this Government Regulation in Lieu of Law, it may also be held prisons provision, the criminal and highest fine, additional crime and other acts to make sure the implementation of this Government Regulation in Lieu of Law.

Article 9

To accommodate all the consequences in relation to the revocation of all regulations that govern/also govern and/or have relation with trading of goods under surveillance, all implementing regulations issued based on revoked Ordinances/Laws by this Government Regulation in Lieu of Law are remains valid for not regulated by or based on this Government Regulation in Lieu of Law.

Article 10

This Government Regulation in Lieu of Law is named: "Government Regulation in Lieu of Law of Trading of Goods under surveillance year 1962".

Article 11

This Government Regulation in Lieu of Law shall come into force on the promulgation date.

For public cognizance, this Government Regulation in Lieu of Law shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on August 3, 1962
President of the Republic of Indonesia,
SUKARNO

Promulgated in Jakarta,
on August 3, 1962
Secretary of State,
MOHD. ICHSAN

STATUTE BOOK OF REPUBLIC OF INDONESIA NUMBER 42 OF 1962