DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 214/MPP/KEP/7/2001 DATED JULY 6, 2001
A PUBLIC TEST OF FOUR-WHEELED AND TWO-WHEELED MOTOR VEHICLES THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that to enable consumers to get quality guarantee of four-wheeled and two-wheeled motor vehicles as well as to create sound business competition, there should be correct, clear and true information on the condition and quality of the said four-wheeled and two-wheeled motor vehicles;
b. that in this connection, it is necessary to issue a decree of the Minister of Industry and Trade; In view of :
1. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
2. Law No. 14/1992 on traffic and transportation (Statute Book of 1992 No. 48, Supplement to Statute Book No. 3480);
3. Law No. 8/1999 on consumer’s protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
4. Government Regulation No. 17/1986 on the authority to control, nurture and develop industry (Statute Book of 1986 No. 23, Supplement to Statute Book No.3330);
5. Government Regulation No. 44/1993 on motor vehicles and motorists (Statute Book of 1993 No. 64, Supplement to Statute Book No. 3530);
6. Presidential Decree No. 234/M/2000 on the formation of the Cabinet for the 1999 – 2004 period as has been amended the latest by Presidential Degree No. 177/M/2001;
7. Presidential Degree No. 165/2000 on the position, task, function, authority, organization structure and working system of ministry as has been amended the latest by Presidential Degree No. 37/2001
8. Presidential Degree No. 177/2000 on the organizational structure and task of ministry as has been several times amended the latest by Presidential Degree No. 58/2001;
9. Degree of Minister of Transportation No. 81/1993 on the type test of motor vehicles;
10.Degree of Minister of Industry and Trade No. 275/MPP/Kep/6/1999 on motor vehicles industry;
11.Degree of the Minister of Industry and Trade No. 276/MPP/Kep/6/1999 on the registration of type and variant of motor vehicles;
12.Degree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the organization and working system of the Minister of Indonesia and Trade;
D E C I D E S : To stipulate :
DEGREE OF THE MINISTER OF INDUSTRY AND TRADE ON A PUBLIC TEST OF FOUR-WHEELED AND TWO-WHEELED MOTOR VEHICLES.
Article 1 Hereinafter referred to as :
(1) Public test shall be a process of test conducted on four-wheeled and two-wheeled motor vehicles through a technical test with certain mechanism to control or examine the capacity, performance and compatibility of products, the result of which is disseminated to consumers.
(2) Public Test Institute shall be a government institute that has facilities and capacity in the field of motor vehicles test technology.
Article 2
(1) Any business agent marketing foreign or locally-made four-wheeled and two-wheeled motor vehicles in Indonesia shall provide information on the condition and quality of the said four-wheeled and two-wheeled motor vehicles.
(2) The obligation to provide information as referred to in paragraph (1) shall be done in stages starting from the mark and type of four-wheeled and two-wheeled motor vehicles.
(3) The information as referred to in paragraph (1) shall at least reflect the capacity, endurance and performance of machines and their supporting components of four-wheeled and two-wheeled motor vehicles.
(4) The information as referred to in paragraph (1) shall be contained in a report of test result. Article 3
(1) To provide the information as referred to in Article 2 the business agent shall conduct a public test by entrusting it to a test institute appointed on the basis of a decree of Minister of Industry and Trade.
(2) The public test as referred to in paragraph (1) shall be conducted in stages.
(3) Guidelines for conducting the public test in stages as referred to in paragraph (2) shall be laid down in a decision of the Director General of Metal, Machinery, Electronic and Furious Industries.
Article 4
(1) The Operational and Supervisory Team of Public Test shall select four-wheeled and two-wheeled motor vehicles at random as samples for a public test and later transfer them to the Test Institute, complete with documents as a proof of transfer.
(2) The Operational and Supervisory Team of Public Test shall be formed on the basis of a decision of the Director General of Metal, Machinery, Electronic and Furious Industries.
Article 5
(1) Before the team takes the samples for a public test as referred to in Article 4 paragraph (1) the Director General of Metal, Machinery, Electronic and Furious Industries shall first inform the concerned business agent in writing.
(2) In taking the samples for a public test as referred to in paragraph (1) the team shall show a letter of assignment signed by the Director General of Metal, Machinery, Electronic and Furious Industries.
Article 6
(1) The team shall be allowed to take only 1 (one) unit of four-wheeled and two-wheeled motor vehicle as a sample for a public test as referred to in Article 4 paragraph (1).
(2) If the test of four-wheeled and two-wheeled motor vehicles as referred to paragraph (1) is considered as being unsuccessful because of non technical accident or technical reason, the team shall be allowed to take another sample of four-wheeled and two-wheeled motor vehicles of the same mark and type.
Article 7
Article 8
The report of test result made by the Test Institute as referred to in Article 2 paragraph (4) shall be handed over to the Operational and Supervisory Team of Public Test.
Article 9
(1) The report of test result handed over by the Test Institute as referred to in Article 8 shall be disseminated by the Operational and Supervisory Team of Public Test to consumers through the print, electronic, etc. media. (2) Provisions on and procedures for disseminating the report of test result as referred to in paragraph (1) shall be further laid down in a decision of the Director General of Metal, Machinery, Electronic and Furious Industries.
Article 10
The report of test result shall belong to the Operational and Supervisory Team of Public Test and cannot be used by the business agent as a means of promotion.
Article 11
Any business agent that does not provide information as referred to in Article 2 paragraph (1) or uses the report of test result as a means of promotion as refereed to in Article 10, shall have its industrial permit, industrial registration number, importer’s identification number/limited importer’s identification number revoked within the framework of the existing rules.
Article 12
Other provisions that are not yet contained in this decree shall be further laid down in a decision of the Director General of Metal, Machinery, Electronic and Furious Industries.
Article 13 This decree shall begin to take effect on 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 July 6, 2001
THE MINISTER OF INDUSTRY AND TRADE, sgd.
