1 PRESIDENTIAL DECREE OF THE REPUBLIC OF INDONESIA
NUMBER 58 YEAR 2004 REGARDING
HANDLING OF ILLEGAL SUGAR IMPORT
PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering:
a. that Sugar is a commodity having strategic value for food security and increasing Indonesian economic growth;
b. that supply of illegal sugar import has inflicted enormouse loss to domestic sugar cane/sugar producer’s income;
c. that in the framework of implementing government program to achieve sugar self-sufficiency and improving sugarcane farmer’s income, it is deemed necessary to determine the procedure for the handling of illegal sugar import sugar under a Presidential Decree;
In View of:
1. Article 4 paragraph (1) 1945-Constitution as amended with the Four Amendment of 1945-Constitution ; 2. Law Number 8 Prp Year 1962 regarding Trade of Commodity Under Supervision (State Gazette of The
Republic of Indonesia Year 1962 Number 42, Supplementary to State Gazette Number 2469);
3. Law Number 5 Year 1984 regarding Industry (State Gazette of The Republic of Indonesia Year 1984 Number 22, Supplementary to State Gazette Number 3274);
4. Law Number 10 Year 1995 regarding Customs Provision (State Gazette of The Republic of Indonesia Year 1995 Number 75, Supplementary to State Gazette Number 3612);
5. Government Regulation Number 11 Year 1962 regarding Trade of Commodity under Supervision (State Gazette of The Republic of Indonesia Year 1962 Number 46, Supplementary to State Gazette Number 2473) as amended with Government Regulation Number 19 Year 2004 (State Gazette of The Republic of Indonesia Year 2004 Number 68, Supplementary to State Gazette Number 4402).
DECIDE:
Stipulate:
PRESIDENTIAL DECREE OF THE REPUBLIC OF INDONESIA REGARDING HANDLING OF ILLEGAL SUGAR IMPORT
Article I
In this Presidential Decree, the following shall mean:
1. Sugar is Raw Sugar, Refined Sugar, d\and Plantation White Sugar;
2. Raw Sugar is Sugar used as production process raw material, covering in Post Tariff/HS. 1701.11.00.00 and 1701.12.00.00;
3. Refined Sugar is Sugar used as production process raw material, covering in Post Tariff/HS. 1701.99.11.00 and 1701.99.19.00;
4. Plantation White Sugar is Sugar consumed directly without further processing, covered in Post Tariff/HS. 1701.91.00.00 and 1701.99.90.00.
2 Article 2
(1) Sugar that has been stipulated as commodity under supervision based on Presidential Decree Number 57 Year 2004 regarding Stipulation of Sugar as Commodity Under Supervision, its import shall be restricted. (2) Sugar whose importation is not in line with the provision of import restriction referred to in paragraph (1)
is stated as illegal Sugar Import;
(3) Illegal sugar import referred to in paragraph (2) shall be stipulated as illegal commodity for import as contemplated in Law Number 10 Year 1995 regarding Customs Provision.
(4) Sugar referred to in paragraph (3) is stated under the State control and owned by the the State pursuant to the provision of Article 68, Article 69 letter c, Article 73 paragraph (1) Law Number 10 Year 1995 regarding Customs Office.
Article 3
To commodity referred to in Article 2 paragraph (4) shall be sold trough a public auction.
Article 4
Public auction shall be done by Minister pursuant to the prevailing law and regulation.
Article 5
The use of Sugar obtained from the public auction particularly its circulation shall be supervised by Minister after having had considerations from the relevant Minister.
Article 6
With the enactment of this Presidential Decree, any existing provision regarding the handling of illegal sugar import is stated to remain valid to the extent of not contravening and not amended with new provisions based on this Presidential Decree.
Article 7
This Presidential Decree shall be effective as of the date it is stipulated.
In order to make any one be aware of, this Presidential Decree is made public by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta Date July 26, 2004
PRESIDENT OF THE REPUBLIC INDONESIA, Signed by.
MEGAWATI SOEKARNOPUTRI
3 STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
Signed by.
BAMBANG KESOWO
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2004 NUMBER 69
The copy is as per the original Deputy to Cabinet Secretary Legal and Law Division,
