to Indonesian
a. that in the framework to implement provisions in Article 2 paragraph (6) of Government Regulation No. 38/2007 concerning the Sharing of Administrative Affairs between the Government, Provincial Governments and Regency/Municipal Governments, the registration of manuals and after sales guarantee cards in Indonesian language for information technology and electronic products is the business of the government in the trade field;
b. that in the framework to ensure consumer rights to correct, clear and honest information on the condition and guarantee of goods the consumers will use, consume or take advantage of, it is necessary to govern provisions on manuals and after sales guarantee cards in Indonesian language for telematics and electronics products;
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. Law No. 3/1982 concerning Compulsory Registration of Company (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
3. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
4. Law No. 10/1985 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);
5. Law No. 8/1999 concerning Consumers Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
6. Law No. 32/2004 concerning Regional Governments (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);
7. Law No. 29/2007 concerning the Government of the 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);
8. Government Regulation No. 1/1957 concerning the Distribution of Companies (Statute Book No. 7/1957, Supplement to Statute Book No. 1144) as amended by Government Regulation No. 53/1957;
9. Government Regulation No. 58/2001 concerning the Development and Supervision of Consumer Protection (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);
10. Government Regulation No. 38/2007 concerning the Sharing of Administrative Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 93/2007, Supplement to Statute Book No. 4744);
11. Presidential Decree No. 187/M/2004 concerning the Formation of United Indonesia Cabinet as amended the latest by Presidential Decree No. 171/M/2005;
12. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Decree No. 20/2008;
13. Presidential Regulation No. 10/2005 concerning the Organizational Unit and Task of First Echelon Officials of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 21/2008;
14. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure and Work Mechanism of the Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
15. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trade Business Permits;
REGULATION OF THE MINISTER OF TRADE CONCERNING THE REGISTRATION OF MANUALS AND AFTER SALES GUARANTEE CARDS IN INDONESIAN LANGUAGE FOR TELEMATIC AND ELECTRONIC PRODUCTS
In this Ministerial Regulation:
1. Telematic products are the products of telecommunication hardware industry and its supporting industry, broadcast instrument and its supporting industry, computer and its supporting industry, software and multimedia content industry, creative information technology and communication industry.
2. Electronic products are consumer electronic products used for households.
3. Import is the activity of entering goods into the customs area.
4. Customs area is the territory of the Republic of Indonesia covering land, sea and air over it as well as certain places in the Exclusive Economic Zone in the Continental Shelf where the Law on Customs Affairs is enforced.
5. Importers are companies engaged in the import of telematic and electronic products and responsible as the producers of imported goods.
6. Producers are companies producing telematic and electronic products domestically.
7. Manual in Indonesian language, hereinafter called as a manual, is a book, sheet or other forms containing directives or ways to use telematic and electronic products.
8. After sales guarantee card in Indonesian language, hereinafter called as a guarantee card, is a card stating guarantee about the availability of spare parts as well as after sales facilities and services of telematic and electronic products.
9. Registration is the activity of registering manuals and guarantee cards for telematic and electronic products with the authorized agency.
10. Registration card of telematic and electronic products, hereinafter calledd as a registration card, is a document serving as proof of registration of manuals and guarantee cards issued by the authorized official.
11. Recommendation is a letter of statement stating the business sites of producers (companies/factories) or importers issued by the regent/mayor in this case the head of the regency/municipal office concerned, except the Special Province of Jakarta, by the governor in this case the head of the provincial office.
12. Head of office is the head of office whose tasks and responsibilities cover the trade sector in the regency/ municipality concerned, except the Special Province of Jakarta.
13. Regent/mayor is the head of regency/municipality as intended in the Law on Regional Governments.
14. Governor is the head of the Special Province of Jakarta as intended in the Law on the Special Province of Jakarta as the Capital of the Unitary State of the Republic of Indonesia;
15. Director is the Director of Business Development and Company Registration, Directorate General of Domestic Trade, Ministry of Trade.
16. Director General is the Director General of Domestic Trade, Ministry of Trade.
17. Minister is the Minister whose tasks and responsibilities cover the trade sector.
(1) Any telematic and electronic product produced and/or imported for domestic trade shall be equipped with a manual and guarantee card in Indonesian language.
(2) The obligation to use Indonesian language as intended in paragraph (1) may come next to the foreign language according to the need.
(1) The manual as intended in Article 2 paragraph (1) shall contain at least the following information
(2) The guarantee card as intended in Article 2 paragraph (1) shall contain at least the following information:
(3) The after sales services given during the guarantee period and post guarantee time as intended i paragraph (2) c are in the form of:
(4) The after sales services as intended in paragraph (3) do not apply to the products already repaired by a service center other than that contained in the guarantee card.
Telematic and electronic products that must be equipped with manuals and guarantee cards as intended in Article 2 paragraph (1) are as contained in Attachment I to this Ministerial Regulation.
(1) The producers or importers of telematic and electronic products shall have at least 6 (six) service centers in major cities and/or representatives in regions where the telematic and electronic products circulate.
(2) The producers or importers as intended in paragraph (1) that do not have a service center shall cooperate with other parties under a cooperation agreement.
(3) The service centers as intended in paragraph (1) and paragraph (2) shall meet technical requirements as contained in Attachment II to this Ministerial Regulation..
If SNI has compulsorily been imposed on after sales services of certain telematic and electronic products, the requirements of after sales services shall be based on provisions in the SNI.
(1) The producers or importers of telematic and electronic products shall register manuals and guarantee cards with the Directorate General of Domestic Trade in this case the Directorate of Business Development and Company Registration, Ministry of Trade.
(2) The producers or importers that have registered manuals and guarantee cards as intended in paragraph (1) shall be given registration certificates.
Any individual or corporate body is banned from selling, buying and/or receiving the transfer of manuals and guarantee cards already registered.
(1) Producers or importers shall withdraw telematic and electronic products from curculation if:
(2) The withdrawal of telematic and electronic products from circulation as intended in paragraph (1) shall be done by producers or importers based on an order from the Director General under the name of the Minister.
(3) All expenses arising from the withdrawal of telematic and electronic products from circulation as intended in paragraph (2) shall be borne by producers or importers.
(1) The Minister has the authority to stipulate provisions on the registration, development, and control of manuals and guarantee cards of telematic and electronic products.
(2) The Minister delegates the authority as intended in paragraph (1) to the Director General.
(3) The Director General delegates the authority to register manuals and guarantee cards as intended in paragraph (2) to the Director.
(1) The registration of manuals and guarantee cards of telematic and electronic products shall be done before the products circulate in the domestic market.
(2) The registration as intended in paragraph (1) for:
(1) Producers shall file applications for the registration of manuals and guarantee cards to the Director using a format as contained in Attachment III.a to this Ministerial Regulation, accompanied by:
(2) Importers shall file applications for the registration of manuals and guarantee cards to the Director using a format as contained in Attachment III.b to this Ministerial Regulation, accompanied by:
(3) The recommendation as intended in paragraph (1) and paragraph (2) letter i is not required for the next registration if producers or importers have a certificate of registration and the address of their business site does not change.
(1) The applications for registration and the applications for recommendation as intended in Article 12 paragraph (1) h and paragraph (2) i, can be fed together as follows:
(2) Applications for recommendation as intended in paragraph (1) shall use a format as contained in Attachment IV.a or IV.b to this Ministerial Regulation.
(3) Recommendation shall be issued no later than 3 (three) working days after applications for recommendation have been received using a format as contained in Attachment V.a or V.b to this Ministerial Regulation.
(1) The Director shall issue certificates of registration no later than S (five) working days after receiving applications in a correct and complete manner using a format as contained in Attachment VI.a to this Ministerial Regulation for domestic products and Attachment VI.b to this Ministerial Regulation for imported products.
(2) If after the period of time as intended in Article 13 paragraph (3) has passed no recommendation has been issued, the Director can issue certificates of registration of manuals and guarantee cards based on the receipt of applications for recommendation.
(3) Copies of the certificates of registration as intended in paragraph (1) and paragraph (2) shall be addressed to the Director of Circulating Goods and Services Control, Directorate General of Domestic Trade, Ministry of Trade.
(4) Recapitulations of the certificates of registration as intended in paragraph (1) and paragraph (2) shall be submitted to the Director General once every 3 (three) months, with copies addressed to:
(5) Certificates of registration as intended in paragraph (1) and paragraph (2) shall be valid across the Republic of Indonesia, provided the producers or importers still carry out business activities.
(1) If applications are not yet correct and complete, the Director no later than 5 (five) working days after receiving the applications shall make requests to producers or importers for complete data using a format as contained in Attachment VII to this Ministerial Regulation.
(2) If within a period of 10 (ten) working days after receiving requests for complete data as intended in paragraph (1) producers or importers do not provide data as required, the Director shall issue letters of rejection by using a format as contained in Attachment VIII to this Ministerial Regulation.
(3) In connection with the applications rejected as intended in paragraph (2) producers or importers can file another applications for registration to the Director by fulfilling provisions in Article 12.
Applications for the registration of manuals and guarantee cards are exempted from administrative fees.
Producers or importers that have secured certificates of registration shall put registration numbers in manuals and guarantee cards as well as in packages.
(1) The Director General shall conduct the development and control of manuals and guarantee cards individually or jointly with the relevant technical agency according to their respective authority.
(2) The development as intended in paragraph (1) shall be conducted in the form of information service and dissemination, education and direct consultations for business entrepreneurs and/or consumers.
(3) The control of manuals and guarantee cards shall be conducted based on the law and regulation on provisions on and procedures of the control of goods and! or services circulating in the market.
(1) Business entrepreneurs violating provisions in Article 7 paragraph (1) or Article 9 paragraph (1) shall he liable to administrative sanctions in the form of:
(2) If business entrepreneurs are liable to the administrative sanction as intended in paragraph (1) letter b, the Minister or appointed official shall recommend the revocation of technical permit to the relevant agency/authorized official.
(3) The revocation of SIUP as intended in paragraph (1) a shall be conducted after warnings have been issued 3 (three) times with an interval of 7 (seven) calendar days.
(1) If data, information, and/or remarks contained in the documents required as intended in Article 12 turn out to be untrue the business players shall be liable to an administrative sanction in the form of the cancellation of certificates of registration by the official issuing the certificates of registration.
(2) The cancellation of certificates of registration as intended in paragraph (1) shall be conducted after written warnings have been issued 3 (three) times with an interval of 7 (seven) calendar days.
(1) Business Entrepreneur violating provisions in Article 17 shall be liable D an administrative sanction in the form of cancellation of certificates of registration by the official issuing the certificates of registration.
(2) The cancellation of certificates of registration as intended in paragraph (1) shall be conducted after written warnings have been issued 3 (three) times with an interval of 7 (seven) days.
Business entrepreneurs violating provisions in Article 2 paragraph (1) shall be liable to an administrative sanction as laid down in Law No. 8/1999 concerning Consumer Protection.
Any individual or corporate body violating provisions in Article 8 shall be liable to sanctions as laid down in the law.
Technical guidance for the implementation of this Ministerial Regulation is to be stipulated by the Director General.
Attachment I, Attachment II, Attachment III.a, Attachment III.b, Attachment IV.a, Attachment IV.b, Attachment V.a, Attachment V.b, Attachment VIa, Attachment VI.b, Attachment VII, and Attachment VIII are an integral part of this Ministerial Regulation.
(1) Certificates of registration of manuals and guarantee cards issued before or at the time when this Ministerial Regulation is stipulated shall remain valid, provided the telematic and electronic products do not have their brand, and/or type/model changed.
(2) When this Ministerial Regulation begins to take effect, applications for the registration of manuals and guarantee cards that are under the process of issuing certificates of registration shall adjust to provisions in this Ministerial Regulation.
When this Ministerial Regulation begins to take effect, Decree of the Minister of Industry and Trade No. 547/MPP/Kep/7/2002 concerning Guidance for the Registration of Manuals and Guarantee Cards in Indonesian Language for Information Technological and Electronic Products shall be declared null and void.
This Ministerial Regulation shall begin to take effect on 3 (three) months after the date of stipulation.
For public cognizance, this Ministerial Regulation shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on May 26, 2009
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
MARl ELKA PANGESTU