ProdukHukum Perdagangan
THE REQUEREMENTS AND PROCEDURES FOR CONTROLLING GOODS
AND/OR SERVICES CIRCULATION IN THE MARKET
(Decree of the Minister of Industry and Trade No 634/MPP/Kep/9/2002 dated September 18,2002)
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that to implement Government Regulation No 58/2001 on the Development
and Control of Costumer’s Protection, it is
necessary to stupulate the
requirements and procedures for controling good or services circulating in the
market;
b. tha for this purpose, it is necessary to issue a Decree of the Minister of
Industry and Trade;
In view of :
1. Law No 5/1999 on Ban on Monopolistic Practices in Unsound Business
Completion (Statute Book of 1999 No 33, Supplement to statute Book No
3848);
2. Law No 8/1999 on Cunsumer’s Protection (Statute Book of 1999 NO 42,
Supplement to Statute Book No 3821);
3. Law No 22/1999 on Regional
Government (Statute Book of 1999 No 60,
Supplement to Statute Book No 3839);
4. Law NO 34/1999 on the Government of the Special Capital Province of
Jakarta (Statute Book of 1999 No 146, Supplement to Statute Book No 3878);
5. Government Regulation No 25/2000 on the Authority of the central and the
Provincial Administrative as Autonomous Region (Statute Book of 200 No 54,
Supplement to Statute Book No 3952);
6. Government Regulation No 102/2000 on National Standardization (Statute
Book of 2000 No 1999, Supplement to Statute Book No 4020);
7. Government Regulation No 58/2001 on the Development and Control of
Custumer’s Protection (Statute Book of 2001 No 103, Supplement to Statute
Book No 4126);
8. Presidential Decree No 288/M/2001 on the Formation of the Mutual Help
Cabinet;
9. Presidential Decree No 102/2001 on the Position, Task, Function, Authority,
Organization Structure and Work System of Ministry;
10. Presidential Decree No 109/2001 on the Oraganization nit and Task of First
Echelon Officials of Ministry;
11. Decree of the ministrer of Industry and Trade No 86/MPP/Kep/3/2001 on the
Work Mechanism and Organization Structure of Ministry of Industry and
Trade;
12. Decree of the Minister of Indus try and Trade NO 141/MPP/Kep/3/2002 on
Special Importer’s Identification Number;
DECIDES :
To Stipulates :
DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE
REQUUIREMENTS AND PROCEDURES FOR CONTROLLING
AND/OR SERVICES CIRCULATION IN THE MARKET.
CHAPTER I
GENERAL PROVISIONS
Article 1
GOODS
Hereinafter referred to as :
1. Goods shall be any articles, either tangible or intangible, movable or
immovable, and expendable or unexpendable, that can be traded, utilized, or
used by consumers.
2. Services shall be any services in the form of work or achievement made
available to the public for use.
3. Goods and/or services circulating in the market shall be the goods and/or
services offered, prometed, advertised, and traded for use by consumers
living in the territory of the Republik of Indonesia, both goods and/or services
of domestic and foreign manufacture.
4. Market shall be the place where sellers and buyers
meet to make
transactions.
5. Consumers shall be the users of goods and/or services made available in the
community, either in the interests of the conccerned individuals, their families
or other people and not for trading.
6. Business players shall be individuals or corporate bodies in the form legal
entities or non legal entities established and domiciled or running activities in
the judical territory of the Republic of Indonesia, either indivuduallly or joint
through a cooperation agreement to run business activities in all economic
fields.
7. Standard shall be technical specificatiion or standarized thing including
procedure and method made on the basis or onsensus among relevant
parties by observing health, security, safety and environmental requirements,
developments in science and technology, experiences, and present and
future developments to gain the greatest passable benefit.
8. Indonesia National Standar (SNI) shall be the standard set by the National
Standardization Board (BSN) and prevailing nationwide.
9. Compulsory Indonesia National Standard (compulsory SNI) shall be
Indonesia National Standard trought Indonesia by the minister or relevant
technical ministers.
10. Label shall be any piece of information on goods in the form of picture, text,
combinatioan of picture and tex, or other form containing information on
goods and business player as well as other information in accordance with
the existing law and regulation, attached to the product, inserted in, stuck to
or constituting part of a container of goods.
11. Standard clause shall be any rule or provision and requirements prepared
and stipulated unilaterally by the business player in a binding document or
agreement that must be fulfilled by consumers.
12. After –sale services provided by the business player to consumers of goods
and/or services sold in terms of quality guarantee, durability and operational
reliability for a maximum of 1 (one) year.
13. Offer shall be the process /act/method made by the business player to shall
goods and/or services to other parties.
14. Advertisement shall be the process, act or method of informing or introducing
something to the public through news or messages encouraging and
persuading the general public to make them interested in the goods and.or
services offeres, put in the print media, the electronic media, and/or the
outdoor media.
15. Promotion shall be the act of introducing goods and /or services to attract
consumers to buy the goods and/or services that will be and are being traded.
16. Control shall be a series of activities ranging from plain observation, test,
research to survey of goods and/or services circulating in the market to see to
it that the goods and/or services meet the quality standard of productiion,
labeling, standard clause, sales method, advertisiment method and after sale
services.
17. Periodic control shall be the control of goods and/or services conducted at
certain time based on the specified program.
18. Special control shall be the control conducted any time to respond to
complaints from consumers and/or self supporting consumers protection
foundation (LPKSM). Follow up on the result of periodic control requiring
quick handling, or prove an indication of crime offence in the field of
consumers protection.
19. Goods and/or services controling officers (PPBJ) shall be civil servants
working for the unit or organizaation responsible for controlling goods and/or
services at the level of consumers protection unit and appointed by the
authorized official
20. Civilian investigators of consumer’s protection (PPNS -PK) shall be certain
civilian official or civil servants authirized by Law No 8/1999 on Consumers
Protection and appointed as investigators by the Decree of the Minister
ofJUstice and Human Rights.
21. Investigation shall be a series of activities conducted according to the method
laid down in the existing law and regulation to seek and gather evidences
capable of pointing to a criminal offences as reffered to in Law No 8/1999 on
Consumers Protection as well as to find a suspect.
22. Researsch shall be the act of gathering, processing, analyzing and presenting
data in a systimatic and objective way to solve a problem.
23. Survey shall be the method of gathering facts and data to get the absolute
truth of certain goods or services circulating in a certain area.
24. Purposeful sampling shall be the technique of taking samples in a simple
random sampling.
25. Head of working unit be :
a. the head of office responsible for the trade sector in a provinse,
regency/municipality.
b. the director responsible for controlling circulating goods and services, at
the central government level.
26. Consumer Dispute Settlement Board (BPSK) shall be the board in charge of
handling and setting disputes between business players and consumers.
27. Technical Minister shall be the minister responsible for technical matters
according to his/her tasks.
28. Minister shall be the minister whose tasks and responsible cover the trade
sector.
CHAPTER II
THE SCOPE OF CONTROL
Article 2
The scope of control shall cover the goods and /or services circulating in the
market, either those of domestic of foreign manufacture.
Article 3
(1) The control of goods and/or services as referred to in Article 2 shall be
conducted by the Government, the community and the self suporting
consumer’s protection foundation.
(2) The control by the Government as referred to in paragraph (1) shall be
conducted by the Minister and/or the relevant Technical Minister according to
their respective tasks.
(3) The Minister as referred to in paragraph (2)shall coordinate with the
Minister/leader of the relevant Technical Agency in conducting the control.
Article 4
(1) The control by the Minister as referred to in Article 3, paragraph (2) shall be
conducted on the goods and/or services circulating in the market to see to it
that the goods and/or services fulfill :
a. quality standard;
b. labeling;
c. standard clause;
d. after-sale services;
e. sales methods through
-
offer, promotion, or the granting of prizes;
-
clearance sale or auction;
-
forced sale;
-
order.
f.
advertisement
(2) Any goods and/or services produced or traded by business players shall meet
the existing requirements in terms of standard, labeling, standard clause,
after-sale service, sale method advertisement.
CHAPTER III
THE CONTROL OF FULFILLMENT OF QUALITY STANDARD,
LABELING,STANDARD CLAUSE, AFTER-SALE SERVICE, SALE METHOD
AND ADVERTISEMENT
Article 5
(1) The control of the quality standard as referred to in Article 4, paragraph (1),
letter a shall be conducted on the goods and/or services circulating in the
market, and subject to the compulsory SNI or other standar as required by
the Minister of other Technical Minister.
(2) The control of goods and/or services as referred to in paragraph (1) shall be
based on the exixting standard.
Article 6
(1) The control of the labeling as referred to in Article 4, paragraph (1), letter b
shall be conducted on the goods circulating in the market.
(2) The control of the labeling as referred to in paragraph (1) shall be based on
the exixting law and regulation.
Article 7
The control of the standard clause as referred to in Article 4, paragraph (1), letter
c shall be conducted on the document and/or agreement of each goods and /or
services offered in case :
a. the standard clause contains :
1) the transfer of responsibility from the business player to other party;
2) the refusal to receive the return of goods already bought by the
consumer;
3) the refusal to make refunds on the goods and/or services already bought
by the consumer;
4) the power of attorney from the consumer to the business player, either
directly or indirectly, to take every unilateral action related to the goods
already bought by the consumer by installments;
5) the rule on the authentication of the lost utility of goods or services
already bo ught by the consumers;
6) the granting of rights to the business player to reduce the utility of
services or the property of the consumers serving as the object service
trading;
7) the statement on the consumer’s obedience to the rulers in the form of
new, supplement or follow-up rules made unilaterally by the business
player during the period of time when the costumer utilizes the services
bougth; or
8) the statement that the consumer gives a power of attorney to the
business player to charge the guaranty rights, mortgage rights or
insurance rights to the goods bought by the consumer by installments;
b. The inclusion of standard clause whose site or model is not easily seen or
read.
c. The use of terms or marks or language that cannot easily be understood by
the consumer and are nnot in Bahasa Indonesia.
Article 8
The control of after sale services as referred to in Article 4, paragraph (1), letter d
shall be conducted on the goods which are utilized in a sustained way for a least
1( one) year, whose spare parts and/or after sale facilities/repair are not
available, and whose guaranty is not met according to the existing agreement.
Article 9
The control of sale method through offer promotion and prizes as referred to in
Article 4 paragraph (1) letter e shall be cond usted on the goods and/or services
circulating in the market and bearing false, swindling oor misleading information
as follows :
a. as if the goods met and/or offered price discount, special price, certain quality
standard, certain style or mode, certain characteristics, certain history or
benefit;
b. as if the goods were in a good and/or new state;
c. as if the good and/or services received and/or had sponsor, approval, certain
accessories, sertain benefid, and work characteristics;
d. as if the goods and/or services were made by the company having sponsor,
approval or affiliate;
e. as if the goods and/or services were made available;
f. as if goods did not have hidden defect;
g. as if goods were the accessories of certain goods;
h. as if the goods were peculiar to a certain area;
i. underestimiting other goods and/or services, directly or indirectly;
j.
using excessive words without complete explanations, for instance, as if
goods were safe, were not dangerous, did not contain risk or side effect;
k. the offer contains uncertain promise;
l.
offering goods and /or services with prices or tariffs, utility, condition,
guaranty, rights or compensation, price discount offer or prize and directives
for dangerous use not in agreement with those offered and prometed;
m. offering goods and/or services with special prices or tariffs at ceratin time and
amount but later defaulting;
n. promising to give prizes with the aim of not giving them or giving them not in
agreement with the promise; or
o. offer with prizes through lottery, however, the prizes never materialize as
promised beforre, such as :
1) never drawing lots according to the time promised;
2) never annoncing winners on the mass media;
3) giving prizes not in agreement with those promised;
4) replacing prized not in proportion to the value promised.
Article 10
The control of clearance sale or auction as referred to in Article 4 paragraph (1).
Letter e shall be conducted on the goods and/or services circulating in the market
through the swindling/misleading ways as follow :
a. stating that as if goods and/or services mer certain quality standard or did not
carry hidden defect;
b. having no intention to sell the goods offered but the others goods;
c. never preparing certain quantities and/or adequate quantities of goods with
the aim of selling other goods;
d. never preparing certain capacity and/or adequate amount of services with the
aim of selling other services;
e. increasing the prices or tariffs of goods and/or services before cleareance
sale;
Article 11
The control of forced sale as referred to in Article 4, paragraph (1) letter e shall
be conducted on the goods and/or services circulating in the market and sold by
force or other ways that may cause physical and psychological disturbance to the
consumer.
Article 12
The control of sales through order as referred to in Article 4, paragraph (1) letter
e shall be conducted on the goods and/or services circulating in the market and
sold by :
a. failing fo fulfill orders and/or agreed time to complete the goods and /or
services as promised;
b. failing to fulfill promise to provide services.
Article 13
The control of advertisement as referred to in Article 4, paragraph (1) letter f shall
be conducted on the advertisement methods as follows :
a. cheating the consumer aboud the quality, quantity, material, utility and price
of goods and/or tariff of servisec, as well as timely delivery of goods and/or
services;
b. cheating the consumer about the guaranty of goods and/or services;
c. carrying wrong, mistaken or improper information on the goods and/or
services;
d. never carrying information on the risk of using the goods and/or services;
e. exploiting an event and/or individual without consent from the authorized
agency or the concerned person;
f. violating ethics and/or the law regulation on advertisement.
CHAPTER IV
CONTROL AUTHORITY
Article 14
(1) The Minister shall delegate the authority to conduct the control of goods
and/or services circulating in the market as referred to in Article 4, paragraph
(1) to :
a. governors to coordinate the control of goods and/or services circulating in
the market in the province according to their respective area;
b. the governor of the Special Capital Province of Jakarta (DKI Jakarta) to
conduct the control of goods and/or services circulating in the market in
DKI Jakarta;
c. regents/mayors, with the exception of those in DKI Jakarta, to conduct the
control
of
goods
and/or
services
circulating
in
the
market
in
regencies/municipalities according to their respective area.
(2) In conducting the control of goods and /or services the governors and
regents/mayors as referred to in paragraph (1), letters b and c shall
delegated their authority to the heads of working units whose tasks and
responsibilities cover the trade sectoor.
Article 15
By constanly observing provisions in Article 14, to assist the governors and
regents/mayors in conducting the control of goods and/or services circulating in
the market, the Director General of Domestic Trade in the case the director
responsible for controlling goods and services can conduct direct of goods and/or
services and/or ask for information from the heads of working units as referred to
in Article 14,paragraph (2).
Article 16
The
Minister shall assign the Director General of Domestic Trade to give
guidance on the control of goods and/or services circulating in the market in
provinces, regencies and municipalities in coordination with the other relevant
technical director generals.
Article 17
(1) In conducting the control of goods and/or services, the authorized officials as
referred to in Article 14 and Article 15 can assign :
a. goods and/or service controlling officers (PPBJ);
b. civilian investigators of consmer’s protection (PPNS -PK)
(2) The authorized officials as referred to in Article 14 and Article 15 shall appoint
and dismiss the controling officers as referred to in Aaarticle 17, paragraph
(1)
(3) The qualification of the controlling officers as referred to in paragraph (1),
letter a shall be as follows :
a. civil servants working
for the working units overseeing the control of
goods and/or services or the units responsible for protecting consumers at
regional and central levels’
b. preferably those holding a bachelor/D.III or S-1 degree,
c. having attended a cource for goods and/or services controlling officers
organized by the central and/or regional goverments,
d. physically and mentally healthy.
(4) The qualifications of PPNS-PK as referred to in paragraph (1) , letter b shall
agree with the Regulation of the Minister of Justice No M.18.PW.07.03/1993
on Guidelines for the Nomination, Promotion, Tour of Duty and Dismissal of
PPNS.
CHAPTER V
PROCEDURES FOR CONDUCTING CONTROL
Part One
General
Article 18
(1) The control as referred to in CHAPTER II shall be conducted periodically
and specifically.
(2) PPBJ shall conduct the periodic control as referred to in paragraph (1).
(3) PPBJ and PPNS-PK shall conduct the specific control as referred to in
paragraph (1)
Article 19
(1) In conducting the periodic control and/or specific control PPBJ and PPNS -PK
shall stick to this Decree besides the exixting laws and regulation.
(2) In conducting an investigation into a criminal offence in the field of consumers
protection, PPNS-PK shall stick to technical guidelines and procedures for
conducting and investigation into criminal offences in the field of consumers
protection as well as the existing laws and regulations.
Article 20
In conducting the control as referred to in Article 19, PPBJ and PPNS -PK shall
be put under an obligation to :
a. wear officer’s identity card;
b. bring with them a letter of assignment from the head of working unit as
referred to in Article 14 and Article 15.
Article 21
(1) The periodic control as referred to in Article 18, paragraph (2) shall be
conducted on goods with the following creiteria :
a. the aspects of safety, security, health and the environment;
b. being consumed and/or used by the general public;
c. products already granded standard including SNI, compulsory or
voluntary, or other standard required by the Government;
d. frequent falsification/swindles in terms of content, after-sale service, label,
and the like.
(2) Specific control shall be conducted based on the following matters :
a. as a follow up to the result of periodic control;
b. complaints from the public or the self-supporting consumers protection
foundation calling for quick handling; or
c. an indication of criminal offence in the field o consumer’s protection.
Part Two
The Method of Conducting Periodic Control
Article 22
(1) The periodic control of goods and/or services circulating in the market to see
to it that they meet the quality standard shall be conducted by taking samples
of goods through purposeful purchase in the market.
(2) The samples as referred to in paragraph (1) shall be tested by the accredited
or government sanctioned test institute/laboratory.
(3) The result of test shall be submitted to the head of working unit for evaluation.
(4) If based on the result of evaluation as referred to in paragraph (3) :
a) the goods and/or services have met the existing requirements of SNI or
other standard required by the Government, the head of working unit can
publicize the result of evaluation,
b) the goods and/or services do not agree with the requirements in letter a,
the head of working unit shall :
1) coordinate with the Director General of Guidance in processing the
result of evaluation based on the existing rules;or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumers protection, for further
investigation.
Article 23
(1) The periodic control of labeling shall be conduced by :
a. taking samples by buying specimen of goods in the market purposefully;
b. maing plain observation of information in the label in accordance with the
exixting rules;
c. ensuring the truth of information in the label in relation to the condition of
goods.
(2) In ensuring the truth of information as referred to in paragraph (1), letter c
where the technical specifications of goods are concerned a test shall be
conducted in the accredited test laboratory or that sanctioned by the Mnister.
(3) The result of observation as referred to in paragraph (1) and paragraph (2)
shall be submitted to the head of working unit for evaluation.
(4) If based on the result of of evaluation as referred to in paragraph (3) :
a. information in the label attacheed to the goods and the result of laboratory
test on the goods have agreed with the existing
rules, the head of
working unit can publicozate the result of evaluation,
b. information in the label attached to the goods and the real condition of
goods do not agree with the existing rles,the head of working unit shall :
1) coordinate with the Director General of Guidance of the relevant
agency;
2) trnasfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection, for futher
investigation.
Article 24
(1) The periodic control of the inclusion of standart clause in the document
and/or agreement shall be conducted by buying goods or asking for documnt
and/or agreement from for the purpose of research to know the materials of
the agreement as referred to in article 7.
(2) The result of research shall be submitted to the head of working unit for
evaluation.
(3) In the based on the result of evaluation as referred to in paragraph (2) :
a. standard clause as referred to in article 7 letter a is not found in the goods
or document or agreement form, the head of working unit can publicize
the result of evaluation.
b. The goods or ducument or agreement form are found containing standard
clause as referred to in Article 7, letter a, the head of working unit shall :
1) coordinate with the Directorate General of Guidance; or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence on the field of consumers protection, for further
investigation.
Article 25
(1) The periodic control of after sale service shall be conducted by :
a. examining the avalaibility/presence of spareparts and repair facilities for
certain goods used in the a sustained way for a maximum of 1 (one) year;
b. examining the presence of guaranty.
(2) The result of control as referred to in paragraph (1) shall be submitted to the
head of working unit for evaluation.
(3) If based on the result of eva luation as referred to in paragraph (2) :
a. deviation as referred to in Article 8 is not committed, the head of working
unit can publicize the result of evaluation.
b. Deviation as referred to in article 8 is committed, the head of working unit
shall :
1) coordinate with Directorate General of Guidance/ relevant agencies to
provide guidance; or
2) transfer the result of evaluation to BPSK in case of losses suffered by
consumers.
Article 26
(1) The periodic control of sales through offer, promotion prizes, clearance sales
and auction shall be conducted by making a survey and/or research at the
level of retailers in offering, promoting and promising prizes.
(2) The result of survey and/or research shall be submitted to the head of
working unit for evaluation.
(3) If based on the result of evaluation as referred to in paragraph (2),
a. the business player has conveyed true or not cheating or not misleading
statement, the heas of working unit can publicaze the result of evaluation,
b. the business plaer has conveyed untrue, cheating or misleading statement
as referred to in Article 9, the head of working unit shall
1) coordinate with the Director General of Guidance/Agency/related party
to provide guidance; or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection, for futher
investigation.
Article 27
(1) The periodic control of advertisement either on the print media, the electronic
media or the outdoor media shall be conducted by observing the extent to
which the advertisement materials agree with the real condition of goods.
(2) The result of observation as referred to in paragraph (1) shall be submitted to
the head of working unit for evaluation.
(3) If based on the result of evaluation as referred to in paragraph (1) :
a. the advertisement screened in the electronic media, put on the print media
or the outdoor media has agreed with the existing rules, the head of
working unit can publicize the result of evaluation.
b. The advertisement screened in the electronic media or put on the print
media does no agreed with the existing rules, the head of working unit
shall :
1)
coordinate with thr Director General of Guidance/Agency/related party
to provide guidance,
2)
trnasfer the result of evaluation to PPNS-PK in case of an indication
of criminal offence in the fiels of consumers protection for futher
investigation.
Article 28
The result of periodic control submitted to the head of working unit shall be put in
an official report of control.
Part Three
The Method of Conducting Specific Control
Article 29
PPBJ and PPNS-PK shall conduct spesific control through the following steps :
a. making a recheck in the field or in the market where goods and/or services
are found;
b. making a repeat test, survey or research of goods and/of services resulting
from the periodic control as referred to in letter a, in cooperation with the
business player concerned in terms of standard, labeling, standaard clause,
after sale service, sale method advertisement;
c. submitting the result of the repeat test, surve or research as referred to in
letter b to the heas of working unit concerned for evaluation;
d. if the result of evaluation as referred to in letter c suggest that there is not
violation not criminal offence, the head of working unit concerned can
publicize the result of evaluation;
e. if the result of evaluation as referred to in letter c suggests that there is
violation or criminal offence, the head of woking unit shall ask PPNS-PK to
conduct an investigation as soon as possible in accordance with the existing
procedures.
Article 30
(1) The control of forced sales shall be conducted after receiving information/
complaints from the comsumer about the exercise of force.
(2) Based on the information/complaint as referred to in paragraph (1) PPBJ
shall make a survey and/or research in the place where the force is believed
to have been exercised.
(3) The result of survey and/or research shall be submitted to the head of
working unit for evaluation
(4) If based on the result of evaluation as referred to in paragraph (3) :
a. the exercise of force is not found, the head of working unit shall publicize
the result of evaluation,
b. the exercise of force is not found, the head of working unit shall transfer
the result of evaluation to PPNS -PK in case of an indication of criminal
offence in the field of consumers protection for further investigation.
Article 31
(1) The control of sales through orders shall be conducted after receiving
information/complaint from the consumer.
(2) Based on the information/complaint as referred to in paragraph (1) PPBJ
shall conduct a survey and/or research of things promised including the
timely delivery, the quantity of goods and the condition of goods.
(3) The result of survey and/or research shall be submitted to the head of
working unit for evaluation
(4) If based on the result of evaluation as referred to in paragraph (3) :
a. no deviation is found ,the head of working unit shall publicize the result of
evaluation,
b. deviation is found, the head of working unit shall :
1. coordinate with Director General of Domestic Trade in providing
guidance,
2. transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection for further
investigation.
Article 32
The result of specific control conducted by PPBJ and PPNS-PK and submitted
to the head of working unit shall be put in an official report of control.
Part Four
The Pullout of Goods
Article 33
(1) If based on the result of laboratory test, survey or research of the periodic
control and/or specific control of goods as referred to in CHAPTER V, Part
Two and Part Three of this Decree the goods prove hazardous to the health,
security and safety of consumers and/or can cause victims, the authorized
official shall order the business player to stop production and pull out the
goods from circulation after consulting the team specifically formed to that
effect.
(2) The head of working unit can publicize the result of the laboratory test, survey
or research of the goods as referred to in paragraph (1) to avoid futher losses
and/or victims.
(3) The authorized official as referred to in paragraph (1) shall be the Director
General of Domestic and Tradeacting in the name of Minister.
Article 34
(1) If based on the result of the laboratory test, survey or research as referred to
in Article 33, paragraph (1) the business player is believed to have commited
a criminal offence based on the Law on Consumers Protection and/or other
law and regulation, the goods can be confiscated and seized in accordance
with the existing rules for security reasons.
(2) The authorized civilian investigator shall confiscate and seize the goods as
referred to in paragraph (1) for further legal process in accordance with the
existing rules.
Article 35
The head of working unit shall coordinate with other relevant agency/working unit
in monitoring the pullout of the goods from circulation.
CHAPTER VI
OTHER PROVISIONS
Article 36
(1) If in conducting the periodic or specific control of goods and/or services
circulating in the market the business player under the guidance of the
relevant technical agency is found making irregulations, PPBJ and/or PPNSPK shall immediately report the matter to the relevant working unit .
(2) Based on the report as referred to in paragraph (1) the head of working unit
shall coordinate the control to take follow-up actions in accordance with the
authority of the relevant technical agency.
CHAPTER VII
REPORTING
Article 37
(1) The head of working unit in a regency/municipality shall submit reports on the
result of periodic control and specific control as well as on investigation into
criminal offences in the field of consumer’s protection in his/her working
territory to :
a. the relevant regent/mayor; and
b. the head of the provincial working unit.
(2) The head of the provincial working unit shall submit reports on the result
periodic control and specific control as well as on investigation into criminal
offences in the field of consumers protection from the regency / municipality
to :
a. the relevant governor ; and
b. the Director General of Domestic Trade, Miniater of Industri and Trade.
(3) Especially for DKI Jakarta, the head of the provincial working unit shall submit
reports on the result of periodic control and specific control as well as on an
investigation into criminal offences in the field of consumers protection to :
a. the governor of DKI Jakarta ; and
b. the Director General of Domestic Trade, Minister of Industri and Trade.
(4) The Director General of Domestic Trade shall submit reports on the result of
periodic control and specific control as well as on investigation into criminal
offences in the field or consumers protection nationwide to the Minister.
CHAPTER VIII
SANCTION
Article 38
Any business player who violates this Decree shall be liable to sanction in
accordance with Law No 8/1998 on Consumers’s Protection as well as the other
exizting law and regulation.
CHAPTER IX
CONCLUSION
Article 39
All expenses arising from the pullout of goods and/or ervices from circulation
shall become the responsibility of and be borne by the business player
concerned.
Article 40
All expenses arising from the control of goods and/or services conducted by the
province, the regency/municipality and Director General of Domestic Trade,
Minister of Industri and Trade, shall be borne by the regioanl budged (APBD), the
state budged (APBN) and/or other legal sources.
Article 41
Technical provisions that have not been provided for in this Decree to conduct
the control of goods and/or services shall be laid down in the Decision of the
Director General of Domesstic Trade.
Article 42
This Decree shall begin to take effect 1 (one) month after 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 September 18, 2002
THE MINISTER OF INDUSTRI AND TRADE
sgd
RINI M. SUMARNO SOEWANDI
AND/OR SERVICES CIRCULATION IN THE MARKET
(Decree of the Minister of Industry and Trade No 634/MPP/Kep/9/2002 dated September 18,2002)
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that to implement Government Regulation No 58/2001 on the Development
and Control of Costumer’s Protection, it is
necessary to stupulate the
requirements and procedures for controling good or services circulating in the
market;
b. tha for this purpose, it is necessary to issue a Decree of the Minister of
Industry and Trade;
In view of :
1. Law No 5/1999 on Ban on Monopolistic Practices in Unsound Business
Completion (Statute Book of 1999 No 33, Supplement to statute Book No
3848);
2. Law No 8/1999 on Cunsumer’s Protection (Statute Book of 1999 NO 42,
Supplement to Statute Book No 3821);
3. Law No 22/1999 on Regional
Government (Statute Book of 1999 No 60,
Supplement to Statute Book No 3839);
4. Law NO 34/1999 on the Government of the Special Capital Province of
Jakarta (Statute Book of 1999 No 146, Supplement to Statute Book No 3878);
5. Government Regulation No 25/2000 on the Authority of the central and the
Provincial Administrative as Autonomous Region (Statute Book of 200 No 54,
Supplement to Statute Book No 3952);
6. Government Regulation No 102/2000 on National Standardization (Statute
Book of 2000 No 1999, Supplement to Statute Book No 4020);
7. Government Regulation No 58/2001 on the Development and Control of
Custumer’s Protection (Statute Book of 2001 No 103, Supplement to Statute
Book No 4126);
8. Presidential Decree No 288/M/2001 on the Formation of the Mutual Help
Cabinet;
9. Presidential Decree No 102/2001 on the Position, Task, Function, Authority,
Organization Structure and Work System of Ministry;
10. Presidential Decree No 109/2001 on the Oraganization nit and Task of First
Echelon Officials of Ministry;
11. Decree of the ministrer of Industry and Trade No 86/MPP/Kep/3/2001 on the
Work Mechanism and Organization Structure of Ministry of Industry and
Trade;
12. Decree of the Minister of Indus try and Trade NO 141/MPP/Kep/3/2002 on
Special Importer’s Identification Number;
DECIDES :
To Stipulates :
DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE
REQUUIREMENTS AND PROCEDURES FOR CONTROLLING
AND/OR SERVICES CIRCULATION IN THE MARKET.
CHAPTER I
GENERAL PROVISIONS
Article 1
GOODS
Hereinafter referred to as :
1. Goods shall be any articles, either tangible or intangible, movable or
immovable, and expendable or unexpendable, that can be traded, utilized, or
used by consumers.
2. Services shall be any services in the form of work or achievement made
available to the public for use.
3. Goods and/or services circulating in the market shall be the goods and/or
services offered, prometed, advertised, and traded for use by consumers
living in the territory of the Republik of Indonesia, both goods and/or services
of domestic and foreign manufacture.
4. Market shall be the place where sellers and buyers
meet to make
transactions.
5. Consumers shall be the users of goods and/or services made available in the
community, either in the interests of the conccerned individuals, their families
or other people and not for trading.
6. Business players shall be individuals or corporate bodies in the form legal
entities or non legal entities established and domiciled or running activities in
the judical territory of the Republic of Indonesia, either indivuduallly or joint
through a cooperation agreement to run business activities in all economic
fields.
7. Standard shall be technical specificatiion or standarized thing including
procedure and method made on the basis or onsensus among relevant
parties by observing health, security, safety and environmental requirements,
developments in science and technology, experiences, and present and
future developments to gain the greatest passable benefit.
8. Indonesia National Standar (SNI) shall be the standard set by the National
Standardization Board (BSN) and prevailing nationwide.
9. Compulsory Indonesia National Standard (compulsory SNI) shall be
Indonesia National Standard trought Indonesia by the minister or relevant
technical ministers.
10. Label shall be any piece of information on goods in the form of picture, text,
combinatioan of picture and tex, or other form containing information on
goods and business player as well as other information in accordance with
the existing law and regulation, attached to the product, inserted in, stuck to
or constituting part of a container of goods.
11. Standard clause shall be any rule or provision and requirements prepared
and stipulated unilaterally by the business player in a binding document or
agreement that must be fulfilled by consumers.
12. After –sale services provided by the business player to consumers of goods
and/or services sold in terms of quality guarantee, durability and operational
reliability for a maximum of 1 (one) year.
13. Offer shall be the process /act/method made by the business player to shall
goods and/or services to other parties.
14. Advertisement shall be the process, act or method of informing or introducing
something to the public through news or messages encouraging and
persuading the general public to make them interested in the goods and.or
services offeres, put in the print media, the electronic media, and/or the
outdoor media.
15. Promotion shall be the act of introducing goods and /or services to attract
consumers to buy the goods and/or services that will be and are being traded.
16. Control shall be a series of activities ranging from plain observation, test,
research to survey of goods and/or services circulating in the market to see to
it that the goods and/or services meet the quality standard of productiion,
labeling, standard clause, sales method, advertisiment method and after sale
services.
17. Periodic control shall be the control of goods and/or services conducted at
certain time based on the specified program.
18. Special control shall be the control conducted any time to respond to
complaints from consumers and/or self supporting consumers protection
foundation (LPKSM). Follow up on the result of periodic control requiring
quick handling, or prove an indication of crime offence in the field of
consumers protection.
19. Goods and/or services controling officers (PPBJ) shall be civil servants
working for the unit or organizaation responsible for controlling goods and/or
services at the level of consumers protection unit and appointed by the
authorized official
20. Civilian investigators of consumer’s protection (PPNS -PK) shall be certain
civilian official or civil servants authirized by Law No 8/1999 on Consumers
Protection and appointed as investigators by the Decree of the Minister
ofJUstice and Human Rights.
21. Investigation shall be a series of activities conducted according to the method
laid down in the existing law and regulation to seek and gather evidences
capable of pointing to a criminal offences as reffered to in Law No 8/1999 on
Consumers Protection as well as to find a suspect.
22. Researsch shall be the act of gathering, processing, analyzing and presenting
data in a systimatic and objective way to solve a problem.
23. Survey shall be the method of gathering facts and data to get the absolute
truth of certain goods or services circulating in a certain area.
24. Purposeful sampling shall be the technique of taking samples in a simple
random sampling.
25. Head of working unit be :
a. the head of office responsible for the trade sector in a provinse,
regency/municipality.
b. the director responsible for controlling circulating goods and services, at
the central government level.
26. Consumer Dispute Settlement Board (BPSK) shall be the board in charge of
handling and setting disputes between business players and consumers.
27. Technical Minister shall be the minister responsible for technical matters
according to his/her tasks.
28. Minister shall be the minister whose tasks and responsible cover the trade
sector.
CHAPTER II
THE SCOPE OF CONTROL
Article 2
The scope of control shall cover the goods and /or services circulating in the
market, either those of domestic of foreign manufacture.
Article 3
(1) The control of goods and/or services as referred to in Article 2 shall be
conducted by the Government, the community and the self suporting
consumer’s protection foundation.
(2) The control by the Government as referred to in paragraph (1) shall be
conducted by the Minister and/or the relevant Technical Minister according to
their respective tasks.
(3) The Minister as referred to in paragraph (2)shall coordinate with the
Minister/leader of the relevant Technical Agency in conducting the control.
Article 4
(1) The control by the Minister as referred to in Article 3, paragraph (2) shall be
conducted on the goods and/or services circulating in the market to see to it
that the goods and/or services fulfill :
a. quality standard;
b. labeling;
c. standard clause;
d. after-sale services;
e. sales methods through
-
offer, promotion, or the granting of prizes;
-
clearance sale or auction;
-
forced sale;
-
order.
f.
advertisement
(2) Any goods and/or services produced or traded by business players shall meet
the existing requirements in terms of standard, labeling, standard clause,
after-sale service, sale method advertisement.
CHAPTER III
THE CONTROL OF FULFILLMENT OF QUALITY STANDARD,
LABELING,STANDARD CLAUSE, AFTER-SALE SERVICE, SALE METHOD
AND ADVERTISEMENT
Article 5
(1) The control of the quality standard as referred to in Article 4, paragraph (1),
letter a shall be conducted on the goods and/or services circulating in the
market, and subject to the compulsory SNI or other standar as required by
the Minister of other Technical Minister.
(2) The control of goods and/or services as referred to in paragraph (1) shall be
based on the exixting standard.
Article 6
(1) The control of the labeling as referred to in Article 4, paragraph (1), letter b
shall be conducted on the goods circulating in the market.
(2) The control of the labeling as referred to in paragraph (1) shall be based on
the exixting law and regulation.
Article 7
The control of the standard clause as referred to in Article 4, paragraph (1), letter
c shall be conducted on the document and/or agreement of each goods and /or
services offered in case :
a. the standard clause contains :
1) the transfer of responsibility from the business player to other party;
2) the refusal to receive the return of goods already bought by the
consumer;
3) the refusal to make refunds on the goods and/or services already bought
by the consumer;
4) the power of attorney from the consumer to the business player, either
directly or indirectly, to take every unilateral action related to the goods
already bought by the consumer by installments;
5) the rule on the authentication of the lost utility of goods or services
already bo ught by the consumers;
6) the granting of rights to the business player to reduce the utility of
services or the property of the consumers serving as the object service
trading;
7) the statement on the consumer’s obedience to the rulers in the form of
new, supplement or follow-up rules made unilaterally by the business
player during the period of time when the costumer utilizes the services
bougth; or
8) the statement that the consumer gives a power of attorney to the
business player to charge the guaranty rights, mortgage rights or
insurance rights to the goods bought by the consumer by installments;
b. The inclusion of standard clause whose site or model is not easily seen or
read.
c. The use of terms or marks or language that cannot easily be understood by
the consumer and are nnot in Bahasa Indonesia.
Article 8
The control of after sale services as referred to in Article 4, paragraph (1), letter d
shall be conducted on the goods which are utilized in a sustained way for a least
1( one) year, whose spare parts and/or after sale facilities/repair are not
available, and whose guaranty is not met according to the existing agreement.
Article 9
The control of sale method through offer promotion and prizes as referred to in
Article 4 paragraph (1) letter e shall be cond usted on the goods and/or services
circulating in the market and bearing false, swindling oor misleading information
as follows :
a. as if the goods met and/or offered price discount, special price, certain quality
standard, certain style or mode, certain characteristics, certain history or
benefit;
b. as if the goods were in a good and/or new state;
c. as if the good and/or services received and/or had sponsor, approval, certain
accessories, sertain benefid, and work characteristics;
d. as if the goods and/or services were made by the company having sponsor,
approval or affiliate;
e. as if the goods and/or services were made available;
f. as if goods did not have hidden defect;
g. as if goods were the accessories of certain goods;
h. as if the goods were peculiar to a certain area;
i. underestimiting other goods and/or services, directly or indirectly;
j.
using excessive words without complete explanations, for instance, as if
goods were safe, were not dangerous, did not contain risk or side effect;
k. the offer contains uncertain promise;
l.
offering goods and /or services with prices or tariffs, utility, condition,
guaranty, rights or compensation, price discount offer or prize and directives
for dangerous use not in agreement with those offered and prometed;
m. offering goods and/or services with special prices or tariffs at ceratin time and
amount but later defaulting;
n. promising to give prizes with the aim of not giving them or giving them not in
agreement with the promise; or
o. offer with prizes through lottery, however, the prizes never materialize as
promised beforre, such as :
1) never drawing lots according to the time promised;
2) never annoncing winners on the mass media;
3) giving prizes not in agreement with those promised;
4) replacing prized not in proportion to the value promised.
Article 10
The control of clearance sale or auction as referred to in Article 4 paragraph (1).
Letter e shall be conducted on the goods and/or services circulating in the market
through the swindling/misleading ways as follow :
a. stating that as if goods and/or services mer certain quality standard or did not
carry hidden defect;
b. having no intention to sell the goods offered but the others goods;
c. never preparing certain quantities and/or adequate quantities of goods with
the aim of selling other goods;
d. never preparing certain capacity and/or adequate amount of services with the
aim of selling other services;
e. increasing the prices or tariffs of goods and/or services before cleareance
sale;
Article 11
The control of forced sale as referred to in Article 4, paragraph (1) letter e shall
be conducted on the goods and/or services circulating in the market and sold by
force or other ways that may cause physical and psychological disturbance to the
consumer.
Article 12
The control of sales through order as referred to in Article 4, paragraph (1) letter
e shall be conducted on the goods and/or services circulating in the market and
sold by :
a. failing fo fulfill orders and/or agreed time to complete the goods and /or
services as promised;
b. failing to fulfill promise to provide services.
Article 13
The control of advertisement as referred to in Article 4, paragraph (1) letter f shall
be conducted on the advertisement methods as follows :
a. cheating the consumer aboud the quality, quantity, material, utility and price
of goods and/or tariff of servisec, as well as timely delivery of goods and/or
services;
b. cheating the consumer about the guaranty of goods and/or services;
c. carrying wrong, mistaken or improper information on the goods and/or
services;
d. never carrying information on the risk of using the goods and/or services;
e. exploiting an event and/or individual without consent from the authorized
agency or the concerned person;
f. violating ethics and/or the law regulation on advertisement.
CHAPTER IV
CONTROL AUTHORITY
Article 14
(1) The Minister shall delegate the authority to conduct the control of goods
and/or services circulating in the market as referred to in Article 4, paragraph
(1) to :
a. governors to coordinate the control of goods and/or services circulating in
the market in the province according to their respective area;
b. the governor of the Special Capital Province of Jakarta (DKI Jakarta) to
conduct the control of goods and/or services circulating in the market in
DKI Jakarta;
c. regents/mayors, with the exception of those in DKI Jakarta, to conduct the
control
of
goods
and/or
services
circulating
in
the
market
in
regencies/municipalities according to their respective area.
(2) In conducting the control of goods and /or services the governors and
regents/mayors as referred to in paragraph (1), letters b and c shall
delegated their authority to the heads of working units whose tasks and
responsibilities cover the trade sectoor.
Article 15
By constanly observing provisions in Article 14, to assist the governors and
regents/mayors in conducting the control of goods and/or services circulating in
the market, the Director General of Domestic Trade in the case the director
responsible for controlling goods and services can conduct direct of goods and/or
services and/or ask for information from the heads of working units as referred to
in Article 14,paragraph (2).
Article 16
The
Minister shall assign the Director General of Domestic Trade to give
guidance on the control of goods and/or services circulating in the market in
provinces, regencies and municipalities in coordination with the other relevant
technical director generals.
Article 17
(1) In conducting the control of goods and/or services, the authorized officials as
referred to in Article 14 and Article 15 can assign :
a. goods and/or service controlling officers (PPBJ);
b. civilian investigators of consmer’s protection (PPNS -PK)
(2) The authorized officials as referred to in Article 14 and Article 15 shall appoint
and dismiss the controling officers as referred to in Aaarticle 17, paragraph
(1)
(3) The qualification of the controlling officers as referred to in paragraph (1),
letter a shall be as follows :
a. civil servants working
for the working units overseeing the control of
goods and/or services or the units responsible for protecting consumers at
regional and central levels’
b. preferably those holding a bachelor/D.III or S-1 degree,
c. having attended a cource for goods and/or services controlling officers
organized by the central and/or regional goverments,
d. physically and mentally healthy.
(4) The qualifications of PPNS-PK as referred to in paragraph (1) , letter b shall
agree with the Regulation of the Minister of Justice No M.18.PW.07.03/1993
on Guidelines for the Nomination, Promotion, Tour of Duty and Dismissal of
PPNS.
CHAPTER V
PROCEDURES FOR CONDUCTING CONTROL
Part One
General
Article 18
(1) The control as referred to in CHAPTER II shall be conducted periodically
and specifically.
(2) PPBJ shall conduct the periodic control as referred to in paragraph (1).
(3) PPBJ and PPNS-PK shall conduct the specific control as referred to in
paragraph (1)
Article 19
(1) In conducting the periodic control and/or specific control PPBJ and PPNS -PK
shall stick to this Decree besides the exixting laws and regulation.
(2) In conducting an investigation into a criminal offence in the field of consumers
protection, PPNS-PK shall stick to technical guidelines and procedures for
conducting and investigation into criminal offences in the field of consumers
protection as well as the existing laws and regulations.
Article 20
In conducting the control as referred to in Article 19, PPBJ and PPNS -PK shall
be put under an obligation to :
a. wear officer’s identity card;
b. bring with them a letter of assignment from the head of working unit as
referred to in Article 14 and Article 15.
Article 21
(1) The periodic control as referred to in Article 18, paragraph (2) shall be
conducted on goods with the following creiteria :
a. the aspects of safety, security, health and the environment;
b. being consumed and/or used by the general public;
c. products already granded standard including SNI, compulsory or
voluntary, or other standard required by the Government;
d. frequent falsification/swindles in terms of content, after-sale service, label,
and the like.
(2) Specific control shall be conducted based on the following matters :
a. as a follow up to the result of periodic control;
b. complaints from the public or the self-supporting consumers protection
foundation calling for quick handling; or
c. an indication of criminal offence in the field o consumer’s protection.
Part Two
The Method of Conducting Periodic Control
Article 22
(1) The periodic control of goods and/or services circulating in the market to see
to it that they meet the quality standard shall be conducted by taking samples
of goods through purposeful purchase in the market.
(2) The samples as referred to in paragraph (1) shall be tested by the accredited
or government sanctioned test institute/laboratory.
(3) The result of test shall be submitted to the head of working unit for evaluation.
(4) If based on the result of evaluation as referred to in paragraph (3) :
a) the goods and/or services have met the existing requirements of SNI or
other standard required by the Government, the head of working unit can
publicize the result of evaluation,
b) the goods and/or services do not agree with the requirements in letter a,
the head of working unit shall :
1) coordinate with the Director General of Guidance in processing the
result of evaluation based on the existing rules;or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumers protection, for further
investigation.
Article 23
(1) The periodic control of labeling shall be conduced by :
a. taking samples by buying specimen of goods in the market purposefully;
b. maing plain observation of information in the label in accordance with the
exixting rules;
c. ensuring the truth of information in the label in relation to the condition of
goods.
(2) In ensuring the truth of information as referred to in paragraph (1), letter c
where the technical specifications of goods are concerned a test shall be
conducted in the accredited test laboratory or that sanctioned by the Mnister.
(3) The result of observation as referred to in paragraph (1) and paragraph (2)
shall be submitted to the head of working unit for evaluation.
(4) If based on the result of of evaluation as referred to in paragraph (3) :
a. information in the label attacheed to the goods and the result of laboratory
test on the goods have agreed with the existing
rules, the head of
working unit can publicozate the result of evaluation,
b. information in the label attached to the goods and the real condition of
goods do not agree with the existing rles,the head of working unit shall :
1) coordinate with the Director General of Guidance of the relevant
agency;
2) trnasfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection, for futher
investigation.
Article 24
(1) The periodic control of the inclusion of standart clause in the document
and/or agreement shall be conducted by buying goods or asking for documnt
and/or agreement from for the purpose of research to know the materials of
the agreement as referred to in article 7.
(2) The result of research shall be submitted to the head of working unit for
evaluation.
(3) In the based on the result of evaluation as referred to in paragraph (2) :
a. standard clause as referred to in article 7 letter a is not found in the goods
or document or agreement form, the head of working unit can publicize
the result of evaluation.
b. The goods or ducument or agreement form are found containing standard
clause as referred to in Article 7, letter a, the head of working unit shall :
1) coordinate with the Directorate General of Guidance; or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence on the field of consumers protection, for further
investigation.
Article 25
(1) The periodic control of after sale service shall be conducted by :
a. examining the avalaibility/presence of spareparts and repair facilities for
certain goods used in the a sustained way for a maximum of 1 (one) year;
b. examining the presence of guaranty.
(2) The result of control as referred to in paragraph (1) shall be submitted to the
head of working unit for evaluation.
(3) If based on the result of eva luation as referred to in paragraph (2) :
a. deviation as referred to in Article 8 is not committed, the head of working
unit can publicize the result of evaluation.
b. Deviation as referred to in article 8 is committed, the head of working unit
shall :
1) coordinate with Directorate General of Guidance/ relevant agencies to
provide guidance; or
2) transfer the result of evaluation to BPSK in case of losses suffered by
consumers.
Article 26
(1) The periodic control of sales through offer, promotion prizes, clearance sales
and auction shall be conducted by making a survey and/or research at the
level of retailers in offering, promoting and promising prizes.
(2) The result of survey and/or research shall be submitted to the head of
working unit for evaluation.
(3) If based on the result of evaluation as referred to in paragraph (2),
a. the business player has conveyed true or not cheating or not misleading
statement, the heas of working unit can publicaze the result of evaluation,
b. the business plaer has conveyed untrue, cheating or misleading statement
as referred to in Article 9, the head of working unit shall
1) coordinate with the Director General of Guidance/Agency/related party
to provide guidance; or
2) transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection, for futher
investigation.
Article 27
(1) The periodic control of advertisement either on the print media, the electronic
media or the outdoor media shall be conducted by observing the extent to
which the advertisement materials agree with the real condition of goods.
(2) The result of observation as referred to in paragraph (1) shall be submitted to
the head of working unit for evaluation.
(3) If based on the result of evaluation as referred to in paragraph (1) :
a. the advertisement screened in the electronic media, put on the print media
or the outdoor media has agreed with the existing rules, the head of
working unit can publicize the result of evaluation.
b. The advertisement screened in the electronic media or put on the print
media does no agreed with the existing rules, the head of working unit
shall :
1)
coordinate with thr Director General of Guidance/Agency/related party
to provide guidance,
2)
trnasfer the result of evaluation to PPNS-PK in case of an indication
of criminal offence in the fiels of consumers protection for futher
investigation.
Article 28
The result of periodic control submitted to the head of working unit shall be put in
an official report of control.
Part Three
The Method of Conducting Specific Control
Article 29
PPBJ and PPNS-PK shall conduct spesific control through the following steps :
a. making a recheck in the field or in the market where goods and/or services
are found;
b. making a repeat test, survey or research of goods and/of services resulting
from the periodic control as referred to in letter a, in cooperation with the
business player concerned in terms of standard, labeling, standaard clause,
after sale service, sale method advertisement;
c. submitting the result of the repeat test, surve or research as referred to in
letter b to the heas of working unit concerned for evaluation;
d. if the result of evaluation as referred to in letter c suggest that there is not
violation not criminal offence, the head of working unit concerned can
publicize the result of evaluation;
e. if the result of evaluation as referred to in letter c suggests that there is
violation or criminal offence, the head of woking unit shall ask PPNS-PK to
conduct an investigation as soon as possible in accordance with the existing
procedures.
Article 30
(1) The control of forced sales shall be conducted after receiving information/
complaints from the comsumer about the exercise of force.
(2) Based on the information/complaint as referred to in paragraph (1) PPBJ
shall make a survey and/or research in the place where the force is believed
to have been exercised.
(3) The result of survey and/or research shall be submitted to the head of
working unit for evaluation
(4) If based on the result of evaluation as referred to in paragraph (3) :
a. the exercise of force is not found, the head of working unit shall publicize
the result of evaluation,
b. the exercise of force is not found, the head of working unit shall transfer
the result of evaluation to PPNS -PK in case of an indication of criminal
offence in the field of consumers protection for further investigation.
Article 31
(1) The control of sales through orders shall be conducted after receiving
information/complaint from the consumer.
(2) Based on the information/complaint as referred to in paragraph (1) PPBJ
shall conduct a survey and/or research of things promised including the
timely delivery, the quantity of goods and the condition of goods.
(3) The result of survey and/or research shall be submitted to the head of
working unit for evaluation
(4) If based on the result of evaluation as referred to in paragraph (3) :
a. no deviation is found ,the head of working unit shall publicize the result of
evaluation,
b. deviation is found, the head of working unit shall :
1. coordinate with Director General of Domestic Trade in providing
guidance,
2. transfer the result of evaluation to PPNS-PK in case of an indication of
criminal offence in the field of consumer’s protection for further
investigation.
Article 32
The result of specific control conducted by PPBJ and PPNS-PK and submitted
to the head of working unit shall be put in an official report of control.
Part Four
The Pullout of Goods
Article 33
(1) If based on the result of laboratory test, survey or research of the periodic
control and/or specific control of goods as referred to in CHAPTER V, Part
Two and Part Three of this Decree the goods prove hazardous to the health,
security and safety of consumers and/or can cause victims, the authorized
official shall order the business player to stop production and pull out the
goods from circulation after consulting the team specifically formed to that
effect.
(2) The head of working unit can publicize the result of the laboratory test, survey
or research of the goods as referred to in paragraph (1) to avoid futher losses
and/or victims.
(3) The authorized official as referred to in paragraph (1) shall be the Director
General of Domestic and Tradeacting in the name of Minister.
Article 34
(1) If based on the result of the laboratory test, survey or research as referred to
in Article 33, paragraph (1) the business player is believed to have commited
a criminal offence based on the Law on Consumers Protection and/or other
law and regulation, the goods can be confiscated and seized in accordance
with the existing rules for security reasons.
(2) The authorized civilian investigator shall confiscate and seize the goods as
referred to in paragraph (1) for further legal process in accordance with the
existing rules.
Article 35
The head of working unit shall coordinate with other relevant agency/working unit
in monitoring the pullout of the goods from circulation.
CHAPTER VI
OTHER PROVISIONS
Article 36
(1) If in conducting the periodic or specific control of goods and/or services
circulating in the market the business player under the guidance of the
relevant technical agency is found making irregulations, PPBJ and/or PPNSPK shall immediately report the matter to the relevant working unit .
(2) Based on the report as referred to in paragraph (1) the head of working unit
shall coordinate the control to take follow-up actions in accordance with the
authority of the relevant technical agency.
CHAPTER VII
REPORTING
Article 37
(1) The head of working unit in a regency/municipality shall submit reports on the
result of periodic control and specific control as well as on investigation into
criminal offences in the field of consumer’s protection in his/her working
territory to :
a. the relevant regent/mayor; and
b. the head of the provincial working unit.
(2) The head of the provincial working unit shall submit reports on the result
periodic control and specific control as well as on investigation into criminal
offences in the field of consumers protection from the regency / municipality
to :
a. the relevant governor ; and
b. the Director General of Domestic Trade, Miniater of Industri and Trade.
(3) Especially for DKI Jakarta, the head of the provincial working unit shall submit
reports on the result of periodic control and specific control as well as on an
investigation into criminal offences in the field of consumers protection to :
a. the governor of DKI Jakarta ; and
b. the Director General of Domestic Trade, Minister of Industri and Trade.
(4) The Director General of Domestic Trade shall submit reports on the result of
periodic control and specific control as well as on investigation into criminal
offences in the field or consumers protection nationwide to the Minister.
CHAPTER VIII
SANCTION
Article 38
Any business player who violates this Decree shall be liable to sanction in
accordance with Law No 8/1998 on Consumers’s Protection as well as the other
exizting law and regulation.
CHAPTER IX
CONCLUSION
Article 39
All expenses arising from the pullout of goods and/or ervices from circulation
shall become the responsibility of and be borne by the business player
concerned.
Article 40
All expenses arising from the control of goods and/or services conducted by the
province, the regency/municipality and Director General of Domestic Trade,
Minister of Industri and Trade, shall be borne by the regioanl budged (APBD), the
state budged (APBN) and/or other legal sources.
Article 41
Technical provisions that have not been provided for in this Decree to conduct
the control of goods and/or services shall be laid down in the Decision of the
Director General of Domesstic Trade.
Article 42
This Decree shall begin to take effect 1 (one) month after 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 September 18, 2002
THE MINISTER OF INDUSTRI AND TRADE
sgd
RINI M. SUMARNO SOEWANDI