DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 372/MPP/Kep/12/2001 DATED DECEMBER 24, 2001
ON
PROVISIONS ON THE GRANTING OF BUSINESS LICENSE IN THE INDUSTRY OF THE BLENDING OF LUBRICATING OIL AND
THE PROCESSING OF USED LUBRICATING OIL
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that as the implementation of Presidential Decree No. 21/2000 on the Lubricating Oil Supply and Services, it is necessary to stipulate a provision on the granting of business license in the industry of the blending of lubricating oil and the processing of used lubricating oil;
b. that the granting of business license in the industry of the blending of lubricating oil and the processing of used lubricating oil specifically by the Minister of Industry and Trade is based on the characteristic of inter-sectors in the realization of the supplying lubricating oil and the provision of lubricating oil services and the strategic characteristic of lubricating oil for the interests of people in common, both in the case of guarantee on the lubricating oil supplying and services related to the amount, types, quality and the prone condition of the falsification of lubricating oil;
c. that based on the matters mentioned in letter a and letter b, it is necessary to stipulate Decree of the Minister of Industry and Trade.
In view of :
1. Law No. 3/1982 on Corporate Registration Obligation (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
2. Law No. 5/1984 on Industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
3. Government Regulation No. 17/1986 on the Authority of Regulating, Fostering and Developing Industry (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330);
4. Presidential Decree No. 177/2000 on the Organizational Structure and Tasks of Ministries as already amended for some times and the latest by Presidential Decree No. 58/2001;
5. Presidential Decree No. 21/2001 on Lubricating Oil Supplying and Services;
7. Presidential Decree No. 102/2001 on the Status, Tasks, Function, Authority, Organizational Structure and Working System of Ministries;
8. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the Organization and Working System of the Ministry of Industry and Trade;
9. Decree of the Minister of Energy and Mining Resources No. 1693K/34/MEM/2001 on the Realization of the Blending of Lubricating Oil and the Processing of Used Lubricating Oil as well as the Stipulation of the Quality of Lubricating Oil.
DECIDES : To stipulate :
DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON PROVISION ON THE GRANTING OF BUSINESS LICENSE IN THE INDUSTRY OF THE BLENDING OF LUBRICATING OIL AND THE PROCESSING OF USED LUBRICATING OIL.
CHAPTER I
GENERAL PROVISIONS Article 1
In this decree, what is meant by :
1. Lubricating oil is lubricating oil or lubricating fat derived from natural oil, synthetic materials, used lubricating oil and other materials meant mainly for lubricating machines and other equipment.
2. The blending of lubricating oil is an activity to blend basic lubricating oil and additive materials in accordance with certain formulas to result in lubricating oil and its packaging.
3. The processing of used lubricating oil is an activity to process used lubricant oil by using certain technology to result in basic lubricating oil and its packaging.
4. The packaging of lubricating oil is an activity to place lubricating oil obtained not from the blending of lubricating oil of private belonging into packages.
5. Company is state enterprises (BUMN), regional enterprises (BUMD), cooperatives, private business entities under the Indonesian law.
6. Minister is the Minister of Industry and Trade.
7. Director General is the Director General of the Industry of Chemical, Agricultural and Forestry Products.
Article 2
(1) Every establishment of a company blending lubricating oil and processing used lubricating oil is obliged to get an industrial business license, hereinafter referred to as IUI Pelumas.
(3) The provisions as meant in sub-article (1) and sub-article (2) are effective for companies having businesses in the packaging of lubricating oil.
Article 3
Every company having businesses in the blending of lubricating oil and the processing of used lubricating oil including a business in the industry of the packaging of lubricating oil as meant in Article 2, which gets IUI Pelumas is obliged to register the company in the list of companies as mandated by Law No. 3/1982 on Corporate Registration Obligation.
Article 4
Every company having businesses in the blending of lubricating oil and the processing of used lubricating oil including a business in the industry of the packaging of lubricating oil, which expand his industrial business up to more than 30% of its production capacity as described in IUI Pelumas it owns, is obliged to get the license of expansion.
Article 5
(1) IUI Pelumas and the License of Expansion are effective as long as the said company operate its industrial/production business.
(2) The validity period of IUI Pelumas and the License of Expansion for foreign investment companies is given by in accordance with the provision in Law No. 1/1967 jo. Law No. 11/1970 on Foreign Investment and Its Operational Regulations.
CHAPTER II
THE PROCEDURES OF APPLYING IUI PELUMAS AND LICENSE OF EXPANSION
Article 6
(1) The application for IUI Pelumas is submitted to the Minister through the Director General, completed with :
a. the copy of the document of the establishment of a company legalized by the Ministry of Justice and Human Rights;
b. the copy of the list of the name of the Board of Directors and the Board of Commissioners;
c. the copy of the Taxpayer Number (NPWP);
d. the copy of documents related to businesses on the presentation of environment information covering environmental impact analysis, environment management efforts, environment monitoring efforts and letter of statement on environment management; e. the copy of the License of Disturbance Law and/or the License of Location legalized by authorized institutions;
g. the copy of the certificate/letter of recommendation on the techniques of the use of technology with environmental concept stipulated by the minister responsible for the field of the mining of oil and natural gas; and
h. written considerations on the technical feasibility of the businesses of the company applying for IUI Pelumas from the minister responsible for the field of the mining of oil and natural gas.
(2) The applicants of IUI Pelumas already meeting requirements completely and rightly as meant in sub-article (1) will be given IUI Pelumas by the Minister with copies for the minister responsible for the field of the mining of oil and natural gas.
(3) If the company holding IUI Pelumas has not completed the construction of an industry/factory and production facilities, and not yet met obligations in accordance with the existing regulations and laws in three years after the issuance of IUI Pelumas, IUI Pelumas owned by the company is declared canceled by the law automatically.
(4) The company which owns IUI Pelumas canceled as meant in sub-article (3) can submit again the application for new IUI Pelumas by enclosing the complimentary documents as meant in sub-article (1).
Article 7
Every company having businesses in the blending of lubricating oil and the processing of used lubricating oil including the packaging of lubricating oil, which will expand its industrial business is obliged to submit application for the License of Expansion to the Minister through the Director General by enclosing :
a. the complimentary documents/letters as meant in Article 6, sub-article (1); and
b. the plan of the industrial expansion supported by facts/evidence already meeting technical and environmental requirements.
CHAPTER III
TECHNICAL FOSTERING AND SUPERVISION Article 8
(1) The company holding IUI Pelumas is obliged to report the plan of business activities and the plan of production including the type and volume of production every the beginning of the year to the Minister through the Director General with a copy for the minister the minister responsible for the field of the mining of oil and natural gas.
(2) The company holding IUI Pelumas is obliged to report the realization of its business activities periodically once in 3 (three) months to the Minister through the Director General with a copy for the minister responsible for the field of the mining of oil and natural gas. (3) The procedures of reporting are further regulated by the Director General.
Article 9
ministry responsible for the field of the mining of oil and natural gas. CHAPTER IV
SANCTIONS Article 10
Violations against this decree is given sanction in accordance with the existing regulations and laws in the form of :
a. written warnings;
b. the freezing of IUI Pelumas and/or the License of Expansion; c. the revocation of IUI Pelumas and/or the License of Expansion.
CHAPTER V
TRANSITIONAL PROVISION Article 11
A company already getting a license to do businesses in the industry of the blending of lubricating oil and the processing of used lubricating oil including the packaging of lubricating oil before the stipulation of this decree is obliged to adjust to this decree in the period of time set in accordance with provisions in Decree of the Minister of Energy and Mining Resources No. 1693K/34/MEM/2001.
CHAPTER VI CLOSING
Article 12 This decree starts to be effective on the date of stipulation.
For public cognizance, this decree shall be announced by placing it in Statute Book of the Republic of Indonesia.
Stipulated in Jakarta On December 24, 2001
THE MINISTER OF INDUSTRY AND TRADE sgd.
