By: Andreas Rae Johanes

 

On 15 March 2018, the Government of Republic of Indonesia has enacted a Government Regulation No. 9 of 2018 concerning The Procedures for Import Control of Fishery Commodity and Salting Commodities as Raw Material and Industrial Materials (“GR 9/2018”).  The said regulation is made to carry out the instruction from two (2) prevailing laws, which one Article 5, Article 33, and Article 97 of Law No. 3 of 2014 concerning Industry and Article 37 of Law No. 7 of 2016 concerning Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers.  Pursuant to Article 2(2) of GR 9/2018, Import Control is conducted to ensure the protection and empowerment of fisherman, fish cultivators, and salt farmers, and also the availability and distribution of natural resources for domestic industries.  Import control of fishery commodity and salting commodity is conducted through stipulation of supply point, type and volume, time of supply, and fulfillment of requirements (Article 2(3) of GR 9/2018).

Import control of fishery commodity and salting commodity is conducted through recommendations from ministers, Minister of Maritime Affairs and Fisheries and Minister of Industry and also approval from Minister of Trade.  Article 3(1) of GR 9/2018 determines that, imports of fishery commodity and salting commodity are conducted based on recommendation from Minister of Maritime Affairs and Fisheries. In case that imports of fishery commodity and salting commodity used as raw materials and auxiliary materials industry, stipulation of recommendation will be given by Minister of Industry (Article 3(2) of GR 9/2018).  Recommendation which given by Minister Maritime Affairs and Fisheries and Minister of Industry contain stipulation of supply point, type, volume, time of supply and standard quality (Article 3(3) of GR 9/2018).  It means every business entity cannot stipulate the supply point, type, volume, time of supply and standard quality by itself, because it is stipulated by each Minister.  Pursuant to Article 6 of GR 9/2018, after fulfilling the requirements, the import recommendation of fishery commodity and salting commodity will be approved by Minister of Trade.  The requirements to obtain the recommendation is arranged by each minister.

Article 8(a) of GR 9/2018 determines that, all the existing laws and regulations concerning import control of fishery commodity and salting commodities, stated still valid as long as not contradictory with the provisions on GR 9/2018.

Leave a Reply

Your email address will not be published. Required fields are marked *