DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 301/MPP/Kep/10/2001 DATED OCTOBER 24, 2001 THE APPOINMENT AND DISMISSAL OF MEMBERS AND
SECRETARIATS OF THE CONSUMER DISPUTE SETTLEMENT AGENCY
THE MINISTER OF INDUSTRY AND TRADE,
Considering :
a. that in the framework of implementation of the provisions in Articles 49 and 51 of Law No. 8/1999 regarding Consumer Protection, it is necessary to issue further provisions regarding the appointment and dismissal of members and secretariat of the Consumer Dispute Settlement Agency;
b. that for the above mentioned purpose, it is necessary to issue a decree of the Minister of Industry and Trade.
In view of :
1. Law No. 8/1999 regarding Consumer Protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
2. Law No. 22/1999 regarding Regional Administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
3. Law No. 25/1999 regarding Financial Equilibrium between Central and Regional Government (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
4. Government Regulation No. 25/2000 regarding 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); 5. Presidential Decree No. 90/2001 regarding the Establishment of Consumer Dispute Settlement Agencies in
Medan, Palembang, Central Jakarta, Western Jakarta, Bandung, Semarang, Yogyakarta, Surabaya, Malang, and Makassar (Statute Book of 2001 No. 105);
6. Presidential Decree No. 177/2000 regarding Organizational Structure and Duties of the Ministries, which has finally been amended by Presidential Decree No. 58/2001;
7. Presidential Decree No. 288/2001 regarding the Establishment of the Mutual Cooperation Cabinet;
8. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 regarding the Organization and Work Arrangement of the Ministry of Industry and Trade.
DECIDES :
To stipulate :
THE MINISTER OF INDUSTRY AND TRADE DECREE REGARDING THE APPOINMENT AND DISMISSAL OF MEMBERS AND SECRETARIAT OF THE CONSUMER DISPUTE SETTLEMENT AGENCY.
CHAPTER I
GENERAL PROVISIONS Article 1
In this decree, what is meant by :
1. The Consumer Dispute Settlement Agency, which is hereinafter called BPSK, is an agency having the tasks of handling and settling disputes between businessmen and consumers.
3. Businessman is an individual or business entity, either in the form of statutory body or non-statutory body, established and domiciled or undertaking business within the Indonesian territory, either individually or jointly, through an agreement executing business activities in various economic fields.
4. Public Self-Supporting Consumer Protection Institution, which is hereinafter called LPKSM, is a non-governmental institution registered and acknowledged by the government and conducting consumer protection activity.
5. Minister is the minister whose duty and responsibility include the trading sector.
CHAPTER II
ORGANIZATIONAL STRUCTURE AND MEMBERSHIP Article 2
The organizational structure of BPSK consists of : a. Chairman concurrently member;
b. Vice chairman concurrently member; c. Members;
d. Secretariat.
Article 3
(1) BPSK members comprises the following elements :
a. Government : from representative of institutions, which scope of duty includes industrial, commercial, health, mining, agricultural, forestry, communications, and financial fields;
b. Consumers : from LPKSM representatives registered and acknowledged by the mayor, regent, or head of the local service;
c. Businessmen : agents of associations and/or businessmen organizations located in the cities or local regencies.
(2) Every element specified in paragraph (1) totals 3 (three) persons at the minimum and 5 (five) persons at the maximum, in accordance with the working volume and load of BPSK.
(3) The total members of BPSK shall be 9 (nine) persons at the minimum or 15 (fifteen) persons at the maximum, in accordance with the working volume and load of the local BPSK.
(4) One-thirds of the total members specified in paragraph (3), shall possess knowledge and educations in law.
Article 4
(1) The term of office of members of BPSK shall be 5 (five) years, and they may be re-appointed for another term of office, as long as they fulfil the requirements for appointment.
(2) Chairman of BPSK is appointed from government element, and is selected among and by the members. (3) Vice chairman of BPSK is appointed from non-government element, and is selected among and by the
members.
Article 5
Chairman and Vice Chairman of BPSK shall have the term of office for 5 (five) years, and they can be re-appointed for another term of office, as long as they fulfil the requirements for appointment.
CHAPTER III
REQUIREMENTS FOR MEMBERSHIP Article 6
a. Indonesian citizen; b. Healthy;
c. Has a good conduct;
d. Never been punished due to crimines;
e. Possesses knowledge and experience in the field of consumer protection; and f. At least 30-year-old.
2. Special requirements :
a. Prospective members domiciled in the local city or regency are put on priority;
b. Prospective members possessing at least S1 (bachelors) degree or degree similar the said S1 degree from educational institution, which has been accredited by the Department of Educations;
c. Possessing experience and/or knowledge in the industrial, commercial, health, mining, agricultural, forestry, communications, and financial fields;
d. Members, who are appointed from the government element shall possess at least Pembina (higher rank at the military service) rank or IV/a category;
e. Prospective members appointed from consumer element shall not be selected from the branch or representative office of LPKSM.
Article 7
Proposal for a prospective member from each element shall be completed with the documents as follows : a. curriculum vitae;
b. photo copy of citizenship identity card and the original one or the one, which has been legalized by the sub-district office;
c. photo copy of the last certificate of educations and the original one or the one, which has been legalized by the authorized institution;
d. health certificate, issued by a physician;
e. statement of good conduct, issued by the police;
f. a statement certifying that the said prospective members is willing to become member, completed with evidence stating that the relevant party possess knowledge and experience in the legal, industrial, commercial, health, mining, agricultural, forestry, communications, or financial field;
g. letter of nomination from the represented institution;
h. Consumer Protection Institution Registration Evidence (TDLPK), for prospective members from consumer element
i. two recent 4 x 6 cm photographs.
CHAPTER IV
PROCEDURES FOR ELECTION AND APPOINTMENT Article 8
(1) The regent or mayor shall establish BPSK Membership Selection Team by virtue of an order issued by the regent or mayor, with the membership structure comprising of at least :
Chairman : Regent or the appointed official;
Secretary : Head of Service Office, whose scope of duty includes the commercial field; Members : representatives of regency/city government, businessmen and consumers.
(2) Members of the Selected Team cannot be nominated to become prospective members of BPSK. (3) The Selection Team, specified in paragraph (1), has the following duties :
a. To determine phases and methods of selection of members;
b. To evaluate the completion and originally of the requirements for membership; c. To determine members of BPSK, who have been declared as having passed;
Article 9
(1) The regent or mayor shall propose the names of prospective members of BPSK derived from the list of members that have been declared as having passed selection process by the regional BPSK Prospective Member Selection Team to the Minister, in this case, the Director General of Domestic Trade, along with administrative requirements, supporting documents, and minutes of selection of members of BPSK.
(2) The names of the prospective members of BPSK proposed in accordance with paragraph (1), shall be 18 (eighteen) persons at the minimum and 30 persons at the maximum, with the provision that at least one-thirds of the total members possess knowledge and educations in law.
(3) The minister shall decide and appoint members and prospective members of BPSK, which are proposed in accordance with paragraph (2), by paying attention to the workload and the balance of each represented element.
Article 10
Within 21 (twenty one) working days as from the date of receipt of complete and original proposal regarding names of BPSK prospective members, as mentioned in Article 9 paragraphs (1) and (2), the Minister shall decide the names of BPSK members by a decree.
CHAPTER V DISMISSAL
Article 11
Members of BPSK shall be dismissed in case of : a. Death;
b. Voluntary resignation; c. Continuous sickness;
d. Expiration of the term of office;
e. Already reaching the age of sixty five (65);
f. Already reaching the mandatory age of 56 for members representing the government.
Article 12
(1) Members of BPSK are dismissed if they :
a. conduct actions violating the duties and authority of BPSK; b. violate regulations on consumer protection;
c. inflict losses on consumers and businessmen; d. commit disgraceful deeds;
e. violate an oath or agreement; or f. are punished due to crimes.
(2) The proposal for dismissal based on the reasons mentioned in paragraphs (1)a, b, c, d, and e shall be submitted by the regent or mayors to the Minister, after the relevant members are given the opportunity to defend themselves.
(3) The proposal for dismissal based on the reason specified in paragraph (1).f, shall be submitted by the regent or mayor to the Minister, by submitting a decision of the court already having permanent legal power.
(1) BPSK members resigning or dismissed prior to their term of office shall be replaced by a temporary substitute.
(2) The temporary substitute, as mentioned in paragraph (1), who are selected from prospective members, shall be proposed by the regent or mayor, as mentioned in Article 9 paragraph (3).
(3) The interval tenure of the substitute members shall be in accordance with the term of office of the replaced members.
Article 14
(1) BPSK secretariat comprises Head and members.
(2) Head and members of the Secretariat, who are not members of BPSK, shall be appointed from government apparatus whose scope of duty and responsibility include the trading field.
(3) Head and members of Secretariat shall posses knowledge and experience in consumer protection field.
Article 15
(1) Prospective head and member of secretariat shall be proposed by Chairman of BPSK to the Minister
(2) The total members of Secretariat as specified in paragraph (1), shall be determined in accordance with the working volume and load.
Article 16
Head and members of secretariat shall be appointed and dismissed by the Minister.
CHAPTER VII OTHER PROVISIONS
Article 17
(1) Before executing their duties, members of BPSK shall take oath before the regent or mayor, in compliance with applicable laws and regulations.
(2) Before performing their duties, Head and members of Secretariat shall take oath before Chairman of BPSK, in accordance with applicable laws and regulations.
CHAPTER VII CONCLUSION
Article 18
Technical matters, which have not been adequately ruled in this decree, shall be further stipulated by a decision of the Director General for Domestic Trade.
Article 19
This decree comes into force as from the date of stipulation.
For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On October 24, 2001
THE MINISTER OF INDUSTRY AND TRADE sgd.
