DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 547/MPP/Kep/7/2002 DATED JULY 24, 2002
ON
GUIDANCE FOR REGISTERING MANUALS AND GUARANTEE CARDS OF INFORMATION TECHNOLOGY AND ELECTRONIC PRODUCTS
IN THE INDONESIAN LANGUAGE
THE MINISTER OF INDUSTRY AND TRADE,
Considering :
a. that many information technology and electronic products circulating and traded in the country are not accompanied by manuals and guarantee cards in the Indonesian language thus inflicting losses on consumers and developments of the relevant industries;
b. that in the framework of protecting consumers and creating fairer competition of industrial businesses in the country, which in due time will hopefully boost the growth of national economy supported by the growth of solid industries, it is necessary to require information technology and electronic products for having manuals and guarantee cards in the Indonesian language;
c. that in the framework of implementing the provision in Article 2 paragraph (4) letter j of Government Regulation No. 25/2000 on the authority of the government and the authority of provinces as autonomous regions and in order to enhance supervision over the completeness of the Indonesian language manuals and guarantee cards in information technology and electronic products, it is necessary to re-stipulate provision on registration of manuals and guarantee cards of information technology and electronic products in the Indonesian language;
d. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade.
In view of :
1. Law No. 5/1984 on industrial affairs (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
2. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
3. Law No. 5/1999 on prohibition of monopoly and unfair business competition (Statute Book of 1999 No. 33, Supplement to Statute Book No. 3817);
4. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
to Statute Book No. 3839);
6. Law No. 25/1999 on financial equilibrium between the central and regional governments (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
7. Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330);
8. Government Regulation No. 25/2000 on the authority of the government and the authority of provinces as autonomous regions (Statute Book of 2000 No. 54, Supplement to Statute Book No. 3952);
9. Government Regulation No. 58/2001 on the fostering and supervision over consumer protection (Statute Book of 2001 No. 103, Supplement to Statute Book No. 4126);
10.Presidential Decree No. 228/M/2001 on the establishment of the mutual cooperation cabinet;
11.Presidential Decree No. 102/2001 on the status, tasks, functions, authority, organizational structures and working arrangements of ministries;
12.Presidential Decree No. 109/2001 on first-echelon organizational units and tasks of ministries;
13.Decree of the Minister of Industry and Trade No. 78/MPP/Kep/3/2001 on guidelines on minimal service standards (SPPM) in the industrial and trading sector as already amended by Decree of the Minister of Industry and Trade No. 263/MPP/Kep/8/2001;
14.Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the organization and working arrangement of the Ministry of Industry and Trade.
DECIDES : To revoke :
1. Decree of the Minister of Industry and Trade No. 608/MPP/Kep/10/1999 on manuals and guarantee cards of electronics products in the Indonesian Language;
2. Decree of the Ministry of Industry and Trade No. 7/MPP/Kep/1/2001 on Procedures for Registering Manuals and Guarantee Cards of Electronic Products in the Indonesian Language.
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE OF GUIDANCE FOR REGISTERING MANUALS AD GUARANTEE CARDS OF INFORMATION TECHNOLOGY AND ELECTRONIC PRODUCTS IN THE INDONESIA LANGUAGE.
CHAPTER I GENERAL PROVISION
Article 1 Referred to in this decree as :
information technology and electronic products which are offered, promoted, advertised, traded for being used or utilized by consumers in the territory of the Republic of Indonesia, which come from domestic and imported products.
2. Import shall be an activity to supply goods into the Indonesia customs areas.
3. Customs areas shall be the territory of the Republic of Indonesia covering mainland, waters and air space as well as certain places in the economic exclusive zone and continental shelf where Law No. 10/1995 on customs affairs applies.
4. Importers shall be companies importing information technology and electronic products.
5. Producers shall be companies manufacturing information technology and electronic products in the country.
6. Domestic information technology and electronic products, hereinafter called domestic products, shall be information technology and electronic products produced in the country.
7. Imported information technology and electronic products, hereinafter called imported products, shall be information technology and electronic products imported to the Indonesian customs areas.
8. Business communities shall be individuals or business entities in the form of statutory bodies or non-statutory bodies established and domiciled or undertaking activities in the jurisdiction of the Republic of Indonesia individually or jointly through agreements to undertake business activities in various economic fields.
9. Manuals shall be directives/methods for using information technology and electronic products.
10.Guarantee cards shall be cards certifying the availability of after-sale service and spare parts of information technology and electronic products.
11.Registration shall be an activity to register manuals and guarantee cards of information technology and electronic products in the Indonesian language at the authorized institution.
12.Minister shall be the Minister of Industry and Trade of the Republic of Indonesia. CHAPTER II
GOAL AND OBJECTIVE OF REGISTRATION OF MANUALS AND GUARANTEE CARDS OF
INFORMATION TECHNOLOGY AND
ELECTRONIC PRODUCTS IN THE INDONESIAN LANGUAGE Article 2
Article 3
The registration of manuals and guarantee cards of information technology and electronic products in the Indonesian language shall aim at :
a. creating and enhancing fair business competition in information technology and electronic products
b. increasing information technology and electronic products in the country
c. providing protection for consumers owning information technology and electronic products.
CHAPTER III
MANUALS IN THE INDONESIAN LANGUAGE Article 4
(1) Every information technology and electronic products circulating on the market shall be accompanied by a manual in the Indonesian language.
(2) The obligation in the Indonesian language as meant in paragraph (1) can be supplemented by various foreign languages in accordance with the need.
Article 5
The manuals as meant in Article 4 paragraph (1) shall at least contain information on : a. operation directive for use;
b. directive for repair/maintenance; c. specification of product.
CHAPTER IV
GUARANTEE CARD IN THE INDONESIAN LANGUAGE Article 6
(1) Every information technology and electronic products circulating on the market shall be accompanied by a guarantee card in the Indonesian language.
(2) The obligation in the Indonesian language as meant in paragraph (1) can be supplemented by various foreign languages in accordance with the need.
(3) The guarantee card as meant in paragraph (1) shall apply for at least one year. Article 7
The guarantee card as meant in Article 6 shall at least contain provisions on : a. repairing cost which is free of charge during the guarantee period; b. guarantee for the availability of spare parts.
The information technology and/or electronic products which must be accompanied by the manual and guarantee card as meant in Article 4 paragraph (1) and Article 6 paragraphs (1) and (3) shall be contained in Attachment I to this decree.
CHAPTER V REGISTRATION
Part One General Article 9
(1) Model and description of the manual as meant in Article 4 paragraph (1) and the guarantee card as meant in Article 6 paragraphs (1) and (3) shall be registered at local regents/mayors with copy made available to the Director General of Domestic Trade in this case the Director for Fostering Supervision over circulating goods and services and especially for domestic products, the copy also conveyed to the Director General of Metal, Machine, Electronic and Multifarious Industries in this case the Director of Information Technology and Electronic Industries.
(2) Any change in mark, kind and/or type of product in the manual and guarantee card already registered as meant in paragraph (1) shall be registered again at local regents/mayors, with a copy made available to the Director General of Domestic Trade in this case the Director for Fostering Supervision over circulating goods and services and especially for domestic products, the copy also conveyed to the Director General of Metal, Machine, Electronic and Multifarious Industries in this case the Director of Information Technology and Electronic Industries.
Article 10
The registration of the manual and guarantee card as meant in Article 9 paragraph (1) shall be done by the relevant producers or importers or can be done through associations concerned.
Article 11
(1) Regents/mayors shall issue identity of registration to producers or importers of the products as meant in Article 8, whose registration fulfills the stipulated requirements.
(2) The identity of registration as meant in paragraph (1) shall be given number and regional codes of the respective regions in accordance with the regional codes as meant in Attachment II to this decree.
Article 12
(1) Producers or importers already having the identity of registration as meant in Article 11 paragraph (1) shall mention no. of identity of registration in manuals and guarantee cards of the relevant information technology and electronic products.
(2) The identity of registration as meant in paragraph (1) shall apply throughout Indonesia.
.
Part Two
Procedure For Registration Article 13
(1) Every application for identity of registration shall be submitted to local regents/mayor and its copy is conveyed to the Director For Fostering Supervision over circulating goods and services and especially for domestic products, the copy is also conveyed to the Director of Information Technology and Electronic Industries.
(2) The application for identity of registration as meant in paragraph (1) can be submitted :
a. by the relevant producers or through associations concerned, in the case of domestic products;
b. by the relevant importers or through associations concerned, in the case of imported products;
(3) The application for identity of registration as meant in paragraph (1) can be submitted : a. directly;
b. through postal service; c. other delivery services; or
d. through electronic data communications channel (on line)
(4) Provisions and procedures for the registration through the electronic data communications channel (on line) as meant in paragraph (3) letter d shall be stipulated by the relevant regents/mayors.
Article 14
The application as meant in Article 13 paragraph (1) shall use form of MG-I model by accompanying :
a. completion of registration form of MG-2 model;
b. copy of industrial business license (IUI)/industrial registry number (TDI), in the case of producers;
c. copy of trading business license (SIUP) and importer identity number (API) or limited importer identity number (APIT), in the case of importers, and special importer identity number (NPIK), in the case of information technology and/or electronic products being required for having NPIK;
d. copy of taxpayer code number (NPWP);
e. statement of guarantee for after-sale service and the availability of spare parts on a duty stamped paper;
1) operational directive for use; 2) directive for repair/maintenance; 3) specification of products
g. example of guarantee card in the Indonesian language which at least contains information about :
1) repairing cost which is free of charge during the guarantee period; 2) guarantee for the availability of spare parts;
Article 15
(1) Not later than 7 (seven) working days after the date of receipt of the complete and true application as meant in Article 14, the relevant regents/mayors shall issue identity of registration and convey it to the relevant applicants by using forms of MG-4(1) and MG-4(2) model as well as copies of the respective forms are conveyed to the Director for Fostering Supervision Over Circulating Goods and Services and the Head of Data and Information Center of the Ministry of Industry and Trade, and especially for domestic products, the copies are also conveyed to the Director of Information Technology and Electronics Industries.
(2) In the case of the application being not complete and correct yet, not later than 7 (seven) working days as from the date of receipt of the application, the relevant regents/mayors shall issue request for complete data to the applicant by using form of MG-3 model and the copy is conveyed to the Director for Fostering Supervision Over Circulating Goods and Services and especially for domestic products, the copy is also conveyed to the Director of Information Technology and Electronics Industries.
(3) In the case of the applicant not completing the data in a period of 12 (twelve) working days after the issuance of the request for complete data as meant in paragraph (1), the relevant regents/mayors shall issue letter of rejection of application by using form of MG-6 model and the copy is made available to the Director for Fostering Supervision Over Circulating Goods and Services and especially for domestic products, the copy is also conveyed to the Director of Information Technology and Electronics Industries.
Part Three Change Article 16
(1) Every change in/addition to mark, kind and/or model/type of information technology and/or electronic products that causes change to identity of registration of manuals and/or guarantee cards before they are marketed shall be registered again at the relevant regents/mayors with copy made available to the Director for Fostering Supervision Over Circulating Goods and Services and especially for domestic products, the copy is also conveyed to the Director of Information Technology and Electronics Industries.
Supervision Over Circulating Goods and Services and especially for domestic products, the copy is also conveyed to the Director of Information Technology and Electronics Industries.
CHAPTER VI SUPERVISION
Article 17
Supervision over the enforcement of the provisions as meant in Article 4 paragraph (1) and Article 6 paragraphs (1) and (2) to the information technology and electronic products as meant in Article 8 which circulate on the market shall be done by the Directorate General of Domestic Trade in this case the Director for Fostering Supervision Over Circulating Goods and Services.
Article 18
(1) If in supervision, the information technology and/or electronic products as meant in Article 8 are found to violate the provisions set forth in Article 4 paragraph (1) or Article 6 paragraphs (1), (2) and (3) or Article 9 paragraph (1) or paragraph (2), the Director for Fostering Supervision Over Circulating Goods and Services shall recommend the Director General as meant Article 9 to issue an order to officials authorized to issue business license for issuing letter of freezing of business licenses in accordance with their respective tasks and scopes of authority to act for and on behalf of the Minister.
(2) The business licenses as meant in paragraph (1) shall be in the form of : a. industrial business license (IUI) or industrial registry number (TDI);
b. importer identity number (API) or limited importer identity number (APIT), in the case of importers, and special importer identity number (NPIK), in the case of information technology or electronic products being required for having NPIK;
c. trading business license (SIUP).
(3) In the period of 5 (five) working days as from the date of receipt of the recommendation, the relevant director general shall issue the order as meant in paragraph (1) by using form of MG-7 model.
Article 19
Provisions and procedures for implementing the supervision as meant in Article 17 shall be regulated separately by a decree of the Minister.
CHAPTER VII SANCTION
Article 20
(1) Business communities of the information technology and/or electronic products as meant in Article 8 that violate the provisions as meant in Article 4 paragraph (1) and/or Article 6 paragraphs (1) and (3) shall have their business licenses frozen.
(3) The freezing of the business licenses as meant in paragraph (1) shall apply until a decision of the Consumer Dispute Settlement Agency is executed by the business communities violating the provision in Article 6 paragraphs (1) and (3).
Article 21
(1) Business communities of the information technology and/or electronic products as meant in Article 8 that violate the provisions as meant in Article 9 paragraph (1) or paragraph (2) shall have their business licenses frozen.
(2) The freezing of the business licenses as meant in paragraph (1) shall apply for 6 (six) months as from the date of issuance of the freezing letter.
(3) In the case of business communities not yet having the identity of registration as meant in Article 13 paragraph (1) in the period as meant in paragraph (2), their business licenses shall be revoked.
(4) The business licenses as meant in paragraph (3) shall be in the form : a. industrial business license (IUI) or industrial registry number (TDI);
b. importer identity number (API) or limited importer identity number (APIT), in the case of importers, and special importer identity number (NPIK), in the case of information technology or electronic products being required for having NPIK;
c. trading business license (SIUP).
(5) The business licenses as meant in paragraph (4) shall be revoked by officials authorized to issue the relevant licenses in accordance with the provisions in force.
Article 22
(1) Business communities of the information technology and/or electronic products as meant in Article 8 that violate the provisions as meant in Article 4 paragraph (1) shall be subjected to a sanction in accordance with the provision on criminal sanction as contained in Article 62 paragraph (1) and additional sanction in the form of the payment of compensation and revocation of business licenses as contained in Article 63 letters c and f of Law No. 8/1999 on consumer protection.
(2) The business licenses as meant in paragraph (3) shall be in the form : a. industrial business license (IUI) or industrial registry number (TDI);
b. importer identity number (API) or limited importer identity number (APIT), in the case of importers, and special importer identity number (NPIK), in the case of information technology or electronic products being required for having NPIK;
c. trading business license (SIUP).
(3) The revocation of business licenses as meant in paragraph (1) shall be done by officials authorized to issue the relevant licenses in accordance with the provisions in force on the basis of a decision of the court having permanent legal power.
Article 23
in Article 8 that violate the provisions as meant in Article 6 paragraphs (1) and (3) shall be subjected an administrative sanction as contained in Article 60 paragraph (2) of Law No. 8/1999 on consumer protection.
(2) The administrative sanction as meant in paragraph (1) shall be in the form of a stipulation of compensation by the Consumer Dispute Settlement Board.
CHAPTER VIII
MISCELLANEOUS PROVISIONS Article 24
The shape/model of forms used for implementing this decree shall be contained in Attachment III to this decree.
Article 25
Regents/mayors can delegate authority to issue the identity of registration as meant in Article 11 paragraph (1) to the head of working unit whose task and authority are responsible for industrial and trading affairs.
Article 26
(1) The cost imposed on registration of manuals and guarantee cards in the Indonesian language shall be only the cost of compensation for procurement of registration form.
(2) The amount of the registration cost and procedure for the payment shall be regulated by a regional regulation.
CHAPTER IX
TRANSITIONAL PROVISIONS Article 27
The identity of registration issued before the stipulation of this decree shall remain valid on the basis of this decree with the provision that :
a. the relevant information technology and/or electronic products face no change/addition in mark, kind and model/type; or
b. the relevant producers or importers still undertake their business activities. Article 28
(1) Not later than one year as from the date of enforcement of this decree, regents/mayors shall be considered to have been capable of implementing this decree in the respective regencies/cities.
(2) In the period as meant in paragraph (1), the Directors General as meant in Article 9 paragraph (1) in accordance with their respective scopes of authority can issue identity of registration as long as the relevant regencies/cities cannot implement this decree yet.
(4) In the period of one month after the date of the notification as meant in paragraph (3), the Directors General as meant in paragraph (2) shall not be authorized to issue identity of registration to the relevant regencies/cities.
CHAPTER X CONCLUSION
Article 29
This decree shall start effective 3 (three) months after the date of stipulation.
For public cognizance, this decree shall be promulgated by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 24, 2002
THE MINISTER OF INDUSTRY AND TRADE sgd.
RINI M SUMARNO SOEWANDI ATTACHMENT I
INFORMATION TECHNOLOGY AND
ELECTRONIC PRODUCTS OBLIGED TO HAVE MANUAL AND GUARANTEE CARD IN THE INDONESIAN LANGUAGE
NO. NAMES OF COMMODITIES REMARKS/
HS REFERENSI
1. Radio Cassette/Mini Compo HS 8527.13.000
HS 8527.31.000
2. Visual and sound recorder or reproducer HS 8521.90.000
3. Television HS 8528.12.000
HS 8528.13.000
HS 8528.21.000
HS 8528.22.000
4. Printer HS 8471.60.100
5. Computer Monitor HS 8471.60.200
6. Refrigerator HS 8418.21.000
HS 8418.22.000
HS 8418.29.000
7. Air Conditioner HS 8415.10.000
HS 8415.81.000
HS 8415.82.000
HS 8415.83.000
8. Washing Machine HS 8450.11.100
HS 8450.11.900
HS 8450.12.100
HS 8450.12.900
HS 8450.19.100
HS 8450.19.900
10. Electrical pump for household HS 8413.60.000
HS 8413.70.000
HS 8413.81.000
11. Microwave Oven HS 8516.50.000
12. Calculator HS 8470.10.000
HS 8470.21.000
HS 8470.29.000
HS 8470.30.000
13. Cellular telephone HS 8517.11.000
14. Rice cooker HS 8516.79.000
15. Upright electric piano HS 9201.10.000
16. Large electric piano HS 9201.20.000
17. Electric Keyboard organ HS 9203.00.900
THE MINISTER OF INDUSTRY AND TRADE sgd.
