ProdukHukum Perdagangan 172.

DECREE OF THE MINISTER OF INDUSTRY DAN TRADE
NO. 172/MPP/KEP/5/2001 DATED MAY 17,2001
THE IMPORT OF SECOND-HAND MECHINES AND MACHINE TOOLS

THE MINISTER OF INDUSTRY AND TRADE,

Considering :
a. that to expand the business activities of local reconditioning companies and direct of machines and machine
tools, save foreign exchange reserves, and create more job opportunities, it is necessary to regulate the
import of second-hand machines and machine tools;
b. that in view of the weak purchasing power of the industries using capital goods and in an effort to encourage
the real sector to speed up the economic recovery, machines and machine tools with more affordable prices
are badly needed;
c. that for these purposes, it is necessary to issue a decree of the Minister of Industry and Trade;
In view of :
1. Law No.3/1982 on corporate registration requirement (Statute Book of 1982 No.7, Supplement to Statute
Book No.3214);
2. Law No.5/1984 on industry (Statute Book of 1982 No.22, Supplement to Statute Book No. 3274);
3. Law No.14/1992 on traffic and land transport (Statute Book of 1992 No. 49, Supplement to Statute Book
No. 3480);
4. Law No. 10/1995 on custom affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);

5. Law No.8/1999 on consumer’s protection (Statute Book of 1999 No. 42, Supplement to Statute Book No.
3821);
6. Government Regulation No.17/1986 on authority to control, nurture and develop industry (Statute Book of
1986 No.23, Supplement to Statute Book No.3330);
7. Government Regulation No.44/1993 on vehicles and motorists (Statute Book of 1993 No.64, Supplement to
Statute (Statute Book of 1993 No.64, Supplement to Statute Book No.3530);
8. Government Regulation No.13/1995 on industrial business permits (Statute Book of 1995 No.25,
Supplement to Statute Book No.3596);
9. Presidential Decree No.260/1967 on the affirmation of the task and responsibility of the Trade Minister in
the foreign trade sector;
10. Presidential Decree No.234/M/2000 on the formation of the Cabinet for the 1999-2004 period;
11. Presidential Decree No.165/2000 on the position, task, function, authority, organizational structure and
working system of ministries as has been amended by Presidential Decree No.172/2000;
12. Decree of the Minister of Industry and Trade No.229/MPP/Kep/7/1997 on general provisions in the
important sector;
13. Decree of the Minister of Industry and Trade No.230/MPP/Kep/7/1997 on goods subjected to the import
regulation as has been several times amended the latest by Decree of the Minister of Industry and Trade
No.192/MPP/Kep/6/2000;
14. Decree of the Minister of Industry and Trade No.275/MPP/Kep/6/1999 on motor vehicle industry;
15. Decree on the Minister of Industry and Trade No.276/MPP/Kep/6/1999 on the registration of types and

variants of motor vehicles;
16. Decree of the Minister of Industry and Trade No.550/MPP/Kep/10/1999 on importer identification number
(API), as has been amended by Decree of the Minister of Industry and Trade No.253/MPP/Kep/7/2000;
17. Decree of the Minister of Industry and Trade No.589/MPP/Kep/10/1999 on the establishment of types of
industries in the development of each directorate general and authority to grant permits in the field of
industry and Trade within the Ministry of Industry and Trade;

18. Decree of the Minister of Industry and Trade No.86/MPP/Kep/3/2001 on the organization and working
system of the Ministry of Industry and Trade;
DECIDES:
To revoke :
Decree of the Minister of Industry and Trade No.278/MPP/Kep/7/2000 on the import of second-hand machines,
machine tools and capital goods.
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE IMPORT OF SECOND-HAND
MACHINES AND MACHINE TOOLS
Article 1
Hereinafter referred to as :
1. Industrial business permit shall be a permit issued by the Minister of Industry and Trade or the official
delegated by the Minister of Industry and Trade or the other minister as meant in Government Regulation

No. 17/1986 or the Head of Capital Investment Coordinating Board.
2. Business permit shall be a permit issued by the Minister or the official delegated by the minister responsible
for the transportation, tourism, fishery, plantation, forestry, mining or construction sector.
3. Reconditioning company shall be an industrial company engaged in the restoration, repair and maintenance
of second-hand machines and machine tools;
4. Direct users shall be industrial companies as well as transportation, tourism, fishery, plantation, forestry,
mining and construction service companies.
5. Second-hand machines and machine tools shall be machines and machine tools that are still in a fit state for
using and reconditioning and are not scraps.
6. Road-worthiness test shall be the process of certifying motor vehicles based on technical requirements and
the result of a test conducted before the relevant motor vehicles are driven on a road.
7. Surveyor shall be the surveyor that has been accredited or recognized by the Government of the Republic of
Indonesian or has been accredited by the country of original where goods are loaded onto a ship.
8. The Minister shall be the Minister of Industry and Trade.
Article 2
(1) Second-hand machines and machine tools shall only be imported by :
a. reconditioning companies that have already held an industrial business permit;
b. direct users that have already held an industrial business permit or business permit for the purpose of
production process or own use.
(2) The second-hand machines and machine tools that can be imported by the companies ass referred to in

paragraph (1), shall cover headings 82, 84, 85, 86, 87, 88, 89 and 9909, except those that can not be
imported as contained in Attachment 1 to this Decree.
(3) The companies as referred to in paragraph (1) that will import second-hand machines and machine tools,
shall at least hold :
a. an industrial business permit or reconditioning business permit or transportation service permit or
fishery business permit or plantation business permit of forest exploitation permit or mining business
permit or construction business permit;
b. Taxpayer Code Number (NPWP);

c. Limited Importer Identification Number (APIT) or General Importer Identification Number (API-U) or
Procedure-Importer Identification Number (API-P);
d. Corporate Registration Number (TDT).
(4) The reconditioning companies and direct users that still hold an in-principle permit can only import secondhand machines and machine tools according to their needs to develop their industry.
Article 3
(1) Second-hand cargo motor vehicles that can be imported by the companies as referred to in Article 2
paragraph (1) shall be motor vehicles with a total gross weight GVW) of more than 24 tons under heading
8701.20.000; 8704.23.190; 8704.32.190; 8704.90.190.
(2) The importation of second-hand cargo motor vehicles as referred to in paragraph (1) shall obtain prior
import approval from the Director General of Foreign Trade.
(3) Before being imported, the type of second-hand cargo motor vehicle as referred to in paragraph (2) shall be

registered with the Directorate General of Metal, Machinery, Electronic and Farious Industries, Ministry of
Industry and Trade, by filling in the registration form as contained in Attachment II to this Decree, complete
with the documents as referred to in Article 2 paragraph (3).
(4) The second-hand cargo motor vehicles as referred to in paragraph (2) shall be subjected to a road-worthiness
test conducted by the Directorate General of Land Transportation, Ministry of Transportation and
Telecommunications.
Article 4
(1) Second-hand cargo motor vehicle as referred to in Article 3 paragraph (1) that can be imported by
reconditioning companies as referred to in Article 2 paragraph (1) letter a shall be a minimum of 5 (five)
years old and a maximum of 8 (eight) years old starting form the production year.
(2) Second-hand cargo motor vehicles as referred to in Article 3 paragraph (1) that can be imported by direct
users as referred to in Article 2 paragraph (1) letter b shall be a minimum of 3 (three) years old and a
maximum of 5 (five) years old starting from the production year.
Article 5
The import of second-hand machines and machine tools as referred to in Article 2 paragraph (2) other than
motor vehicles by the companies as referred to in Article 2 paragraph (1) shall obtain prior import approval
from the Director of Import by attaching the requirements as referred to in Article 2 paragraph (3) to the
application form.
Article 6
(1) The import of second-hand machines and machine tools as referred to in Article 2 paragraph (2) shall be

accompanied by a Certificate of Inspection starting that the goods
(2) are still in a fit state for using or reconditioning and are not scraps and particularly for the import of moor
vehicles and heavy equipment a certificate of inspection shall state technical specifications covering the
total gross weight (GVW) and engine capacity (HP/PS)and life time of the vehicles.

(3) The survey conducted by the surveyor to issue a certificate of inspection can take place in the country of
origin where goods are loaded onto a ship or the country where the goods are unloaded.
Article 7
Second-hand machines and machine tools that are not allowed to be imported in Attachment I to this Decree can
be imported with approval from the Director General of Foreign Trade in the name of the Minister, provided
that they are.
a. in the interest of the Government and other state agencies;
b. for the purpose of technological research and development;
c. motor vehicles owned by Indonesia ambassadors whose term of office abroad has expired.
Article 8
The import of second-had machines and machine tools for other purpose than those referred to in the Article 7
can only be done with prior approval from the minister or the official appointed by the Minister.
Article 9
The import of second-hand machines and machine tools as referred to in Article 7 shall not be subjected to the
requirements as referred to in Article 2 paragraph (3) and Article 3 paragraph (3).

Article 10
The importer or companies violating provision in this Decree shall be liable to the following sanction :
a. having their Importer Identification Number (API) or Limited Importer Identification Number (AOIT)
revoked;
b. penalty within the framework of the existing law.
Article 11
With this Decree taking effect :
1. Instruction of the Minister of Industry and Trade No.1165/MPP/12/2000 shall be declared null and void;
2. Permits to import second-hand machines, machine tools and capital good that have been issued Decrees of
the Minister of Industry and Trade No.129/MPP/Kep/4/2000 and No.278/MPP/Kep/7/2000 shall remain
valid until the expiry date of the permits, provided that they do not contradict this Decree.
Article 12
Matters that have not been provided for in this Decree shall be further stipulated by the Director General of
Foreign Trade.
Article 13
This Decree shall begin to take effect on the date of stipulation.
For public cognizance, this Decree shall be announced by placing it in the State Gazette of the Republic of
Indonesia.
Stipulated in Jakarta
On May 17, 2001

THE MINISTER OF INDUSTRY AND TRADE,

sgd.
LUHUT B. PANJAITAN

ATTACHMENT I
SECOND-HAND MACHINES AND MACHINE TOOLS NOT ALLOWED TO BE IMPORTED
NO.

HEADINGS

1.

8201

2.

8203

3.

4.

8212
8213

5.

8215

6.

7.

DESCRIPTION OF GOODS SPECIFICATION
Hand tools, spades, shovels, mattocks, picks, hoes,
axes and the like
Files, rasps, pliers, pincers, tweezers, pipe-cutters,
bolt croppers and similar tools
Razors and razor blades
Scissors, tailors, shears and similar scissors and

blades for scissors
Spoons,forks,ladles,skimmers,cake-servers,fichknives,butter-knives,sugar tongs, and similar kitchen
or tableware

Of all types and sizes

8408

Compression-ignition internal combustion piston
engines (diesel or semi-diesel engines.

For stationary engines
and ship maximum 100
HP

8.
9.

8414.51.000
8414.59.100

8415
8418

Of an output not
exceeding 125 W
Of all types and sizes
Of all types and sizes

10.

8427

11.

8429

Table, floor, wall, window, ceiling or roof fans, with
a self-contained electric motor
Air conditioning machines
Refrigerators, freezers and other refrigerating or
freezing equipment
Fox-lift truck; other work trucks fitted with lifting or
handing equipment
Self-propelled bulldozers, angledozers, graders,
levelers, scrapers, mechanical, shovels, excavators,
hovel loader
tampling machines and road rollers

12.

13.
14.

8450.11.100
8450.12.100
8450.19.100
8450.10.000
8509

15.

8510

16.
17.
18.
19.

8516.31.000
8516.32.000
8516.33.000
8516.40.000

20.
21.
22.

8517.11.000
8517.19.000
8518
8519

23.

8520

Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes

Fox-lift of a capacity of
2 to 5 tons
Bulldozers
with
a
capacity of 110 ton 220
HP, grader engines with
a capacity of 100 to 150
HP, road rollers with a
capacity of 2.5 to 12
tons, excavators with a
capacity a capacity of
150 to 250 HP
Of all types and sizes

Household washing machines

Ballasts, for discharge lamps for tubes
Electro-mechanical domestic appliances with selfcontained electric motor
Shavers, hair clippers and hair-removing appliances,
with self-contained electric motor
Hair dryers
Other hair-drying apparatus
Hand-drying apparatus
Electric smoothing irons

Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
For household use of a
capacity not exceeding
500 W
Of all types and sizes

Line telephone sets with cordless handsets
Of all types and sizes
Microphones, laud-speakers and parts thereof
Of all types and sizes
Turntables (record-decks) record-players, cassetteplayers, and other sound reproducing apparatus
Of all types and sizes
Magnetic tape recorders and other sound recording
apparatus, whether or not incorporating a sound

24.

8521

25.

8527

26.
27.
28.
29.
30.
31.
32.
33.

8528
8534.00.000
8536
8537
8540
8544
8546
8701.10.100

34.

8701.10.200

35.
36.

8701.10.900
8701.20.000

37.

8701.90.000

reproducing device
Video recording or reproducing apparatus, whether
or not incorporating a video tuner
Reception apparatus for radio-telephony, radiotelegraphy or radio-broadcasting, whether or not
combined, in the same housing, with sound recording
or reproducing apparatus or a clock.
Television and video projectors
Printed circuits
Fuses for a voltage not television picture tubes
Electric panels
Colour, black and white television picture tubes
Cable
Electrical insulators
Hand tractors, designed for agricultural use, single
axle, one or two wheeled, equipped with one or more
forward and reverse transmission, fitted with power
take off (PTO) for rotary movement
Other hand tractors, designed for agricultural use,
single axle, one or two wheeled
Other hand tractors
Semi-trailer tractors
Other tractors

38.
39

8702
8703

40.

8704

41.

8705.90.000

42.

8706.00.000

43.

8707

44.

8708.10.000
8708.21.000
8708.29.000
8708.31.000
8708.39.000
8708.80.000
8708.91.000
8708.92.000
8708.93.000
8708.94.000
8708.99.100
8708.99.900
8711

45.

46.

8712

47.
48.

8714
9009

Passenger motor vehicles for public transport
Motor cars and other motor vehicles principally
designed for the transport of persons (other than those
of heading No.87.02), including station wagons and
racing cars.
Motor vehicles for the transport of goods
Storing cars that can function as breakdown lorries
and/or crane lorries and/or mobile workshops
Chassis fitted with engines, for the motor vehicles of
heading No.87.01 to 87.05
Bodies (including cabs), for the motor vehicles of
heading No. 87.01 to 87.05
Parts and accessories of the motor vehicles

Of all types and sizes
Of all types and sizes

Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes

Of all types and sizes
Of all types and sizes
With
g.v.w.
not
exceeding 24 tones
Agricultural
tractors
with
power
not
exceeding 90 HP
Of all types and sizes
Of all types and sizes

Trucks with g.v.w. not
exceeding 24 tones
Of all types and sizes
With
g.v.w.
not
exceeding 24 tones.
Of all types and sizes
Of all types and sizes

Of all types and sizes
Motorcycles (including mopeds) and cycles fitted
with an auxiliary motor, with or without side-cars;
side-cars
Bicycles and other cycles (including delivery
tricycles), not motorized
Parts of motorcycles and cycles
Colour photo-copying machines

Of all types and sizes
Of all types and sizes
Of all types and sizes
Of all types and sizes

THE MINISTER OF INDUSTRY AND TRADE
sgd.
LUHUT B.PANJAITAN.

ATTACHMENT II
FORM FOR THE REGISTRATION OF TYPES OF SECOND-HAND VEHICLES

I. DATA ON COMPANY
1.
2.
3.
4.
5.

6.

Name of Company
Address of Applicants/Office of Company
Taxpayer Code Number (NPWP)
No. & Date of Business permit/SIUP
API/APIT
Corporate Register No.

:
:
:
:
:

:

II. TECHNICAL SPECIFICATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Mark
Type/Model
Type of Vehicles
Production Year
Country of Import Origin
Chassis No.
Engine No.
Engine Data
Cylinder Capacity
Dimension
Length
Width
Height
Wheel Axle Distance
11. G.V.W.
12. Type of Transmission
13. Steering Wheel System

:
:
:
:
:
:
:
:
:
(mm)
(mm)
(mm)
(mm)
(kg)

:
:
:
:
:
: Automatic/Manual *)
: Right

III. THE NUMBER OF VEHICLES IMPORTED

Name & Signature of Applicant
(.......................................)

THE MINISTER OF INDUSTRY AND TRADE
Sgd.
LUHUT B. PANJAITAN