Tersedia versi daring: http://jhp.ui.ac.id DOI: http://dx.doi.org/10.21143/jhp.vol47.no3.1548 LEGAL PROTECTION PATTERN TOWARD FRESH FOOD CONSUMER (RELATED TO CONSUMER PROTECTION LAW AND
FRESH FOOD SUOERVISION BY FOOD SECURITY AGENCY)
Neneng Oktarina
* Fakultas Hukum Universitas Andalas, Padang Korespondensi: [email protected]
Naskah dikirim: 22 Oktober 2016 Naskah diterima untuk diterbitkan: 7 Juni 2017
Abstract
Compliance of food is basic component to reach human resources quality. For ensuring security and food quality both domestic and imported, so it must be implemented monitoring system effectively from government before food is circulated for society. In order for consumers to remain protected so indispensable monitoring food safety fresh in West Sumatra according to the Food Security Agency of West Sumatra Province, improving legal protection for the customer in West Sumatra toward fresh food safety with food security agency of West Sumatra Province and overcoming obstacles occurred to give law protection of food security for consumer monitoring by fresh food security agency of West Sumatra Province and how to tackle efforts to review.
Keywords: Legal Protection, Consumer, Fresh Food User
Abstrak
Kepatuhan pangan merupakan komponen dasar untuk mencapai kualitas sumber daya manusia. Untuk menjamin keamanan dan kualitas pangan baik domestik maupun impor, maka harus dilaksanakan sistem pemantauan secara efektif dari pemerintah sebelum makanan beredar untuk masyarakat. Agar konsumen tetap terlindungi maka sangat diperlukan pemantauan keamanan pangan segar di Sumatera Barat menurut Badan Ketahanan Pangan Provinsi Sumatera Barat, meningkatkan perlindungan hukum bagi pelanggan di Sumatera Barat terhadap keamanan pangan segar dengan badan ketahanan pangan di Provinsi Sumatera Barat dan mengatasi hambatan yang terjadi. memberikan perlindungan hukum atas ketahanan pangan untuk pemantauan konsumen oleh badan keamanan pangan segar di Provinsi Sumatera Barat dan bagaimana menangani upaya peninjauan kembali.
I. Introduction
Food is a basic human need, because compliance of food is part of human rights. Compliance of food is basic component to reach human resources quality. Considering of the importance of food sufficiency, every country will prioritize development of its food Security as the foundation for Development - Other Sectors.
FAO (Food Agricultural Organization)/WHO (World Health Organization) International Conference on Nutrition (Rome Declaration) in 1992, has declared that obtaining adequate food, nutritious, and safe is the right of every human being . This declaration became the basic of the drafting of law Number 7 in 1996 about Food and the Rome Declaration about Food Security which resulted in the World Food Summit 1996 in Rome. FAO and WHO agreed that food security (food safety) is one component of food security (food security). For that, policymakers must include all aspects of food safety in food security programs, because food safety can affect human health and determine the economic value of the food itself.
In international trade has defined the requirements for Fresh Food Safety at encapsulated through Sanitary and Phytosanitary Agreement (SPS) and Technical Barriers to Trade (TBT) Agreements at Uruguay Round about Multilateral Negotiations Trade. Some country has responded agreement by establish Food Safety Authority that was followed with implementation of Food Safety standards such as Global GAP, ASEAN - GAP (Good Agricultural Practices) and HACCP (Hazard Analysis of Critical Control Point).
Indonesia is as part of society world should responds to these agreements that harmonize standards applied in the interior with agreement of the world. Nonetheless, the main purpose of safety handle is not only from trade side but also as an attempting to protect society from adverse effects caused by the consumption of unsafe food. For supporting the management of Food Security in Indonesia, there has issued several legal as Law number 18 in 2012 about Food changed Law number 7 in 1996, Government Regulation number 28 in 2004 about Safety, Quality and Nutrition, and other Regulation with derivatives.
Food is a basic human need, because compliance of food is part of human rights. Compliance of food is basic component to reach human resources quality. Considering of the importance of Food sufficiency, every country will prioritize development of its food security as the foundation for development of the other sectors.
From that definition, the realization of food security can be understood as follows:
1. The fulfillment of food with availability conditions, is meant foods from broad meaning include plants, animals, and fish to fulfill needs of carbohydrate, proteins, fats, vitamins and minerals and their derivatives 2. Fulfillment of food in safe conditions, meant free of biological,
chemical, and other objects that can disturb, harm and endanger human health, and safe from religious norms.
3. The fulfillment of food in prevalent condition meant food must be available at all times and evenly distributed throughout the country. 4. The fulfillment of food in reachable condition, meant food is available
easily in home with reachable price.
Food safety is an important aspect in the development of food security. Handling of security is to be able to ensure the availability of safe food, especially fresh food, for public consumption from consuming food contaminated by biological, chemical and physical.
The main purpose of handling of food safety is not only in terms of trade side, but also an attempt to protect the public from adverse effects by comparing the consumption of food that is not safe. There are still a lot of us look for fresh food (plant/vegetable) still found a way of production which is not safe for consumption such as the use of pesticides / herbicides that are not controlled, for example the use of a brand that is not recommended, dosage irregular, and spraying irregular, excessive use of artificial fertilizer and then use unhealthy dishwater and irregular use of packing.
Handling of food, especially fresh food from origin plant or vegetable is still not much considering the safety aspects. This will be a problem, because agricultural products are not only consumed directly, they are also used as raw materials in food processing. Fresh Food circulating consumers can derive directly from farmers, through distributor to be sold to the market or exported, as well as from importers.
established food centre Safety Competent Authority (OKKP-P) by the agricultural ministry.
In West Sumatra Food Security Agency was showed as the authorized institutions (Competent Authorization) in the handling of fresh food safety Provincial. This is based on the Governor Regulation of West Sumatra on Determination number 521-367-2012 about Food Security Agency of West Sumatra Province as SKPD that is Authority of Food Safety in Handling of fresh food. And implementation in the respective cities or districts in West Sumatra conducted by the Agriculture Department / food security of each town or district as an extension of Food Security Agency in West Sumatra.
II. Consumer Protection
The term comes from the English consumer “Consumer” and the Dutch “consuming/monument”. Understanding of consumer or consuming it depends on a position where it is located. Literally meaning of the word is the consumer (as opposed to manufacturers) each people that use goods. In the English - Indonesian dictionary gives the meaning of the consumer as users or consumers. In legislation in Indonesia, the term "consumer" is as a formal juridical definition found in Law number 8 of 1999 on Consumer Protection (hereinafter “Consumer Protection Law” or CPL).
According to Article 1 point 2 of the Law on Consumer Protection, explained that consumers are: Every user of goods and/or services available in the community, for the benefit of themselves, their families, other people, and other living beings and not for sale, consumers consider not only the individual (person), but also a company that is a buyer or end users. As here, the consumer should not be bound in relation to the sale and purchase, by itself, the consumer is not identical with the buyer.
Based on the definition of consumers are to be found elements are as follows:
a. Each person
Is the subject that called consumer it means any person whose has status as a user of the goods and/or services.
b. User
The term user in this case the right to use the language of these provisions also shows the goods and / or services used are not necessarily the result of a transaction.
c. Goods and / or services
CPL interpret goods as any body, whether tangible or intangible, whether movable or immovable, can either be spent or not spent, which can be to be traded, used, used, or used by consumers. Meanwhile, the service is defined as any service in the form of work / achievement is available for people to be used by consumers.
Means the goods and / or services to be offered to the public is already available on the market.
e. For the sake of yourself, family, other people, and other living beings. Elements are placed in the definition it tries to expand the understanding of the interests that are not just intended for self and family, but also the goods and / or services intended for other people even to other living beings such as animals and plants.
f. Goods and / or services are not to be traded
The purpose of the CPL itself is to provide protection to the consumer, the aim of consumer protection itself contained in Article 3 of CPL is:
a. Increasing awareness, ability and independence of the consumers to protect themselves.
b. Raise the dignity dissuades consumers by way of negative excess consumption of goods and / or services.
c. Improving consumer empowerment in selecting, specifying and demanding rights - their rights as consumers.
d. Create a consumer protection system contains elements of legal certainty and transparency of information.
e. Raise awareness of businesses about the importance of consumer protection as a growing attitude of honest and responsible.
f. Improving the quality of goods and / or services that guarantee the continuity of the production of goods and / or services, health, comfort, security and safety of consumers
As a user of goods / services, consumers have a number of rights and obligations. Know about the rights of consumers is very important that we are as consumers can act critically and independently. Consumers can thus act further to fight for their rights infringements of rights by businesses.
In law Number 8 in 1999 Article 4 there are some rights of consumers, namely:
a. The right to choose the goods and / or services and obtain goods and / or services in accordance with the exchange rate and conditions and guarantees promised.
b. The right to comfort, security, and safety in consumption of goods and / or services
c. The right to information is correct, clear and honest about the condition and guarantee of the goods and / or services.
d. The right to be heard opinions and complaints on goods and/or services used.
e. Entitlement to advocacy, protection and mediation in consumer protection is worth.
f. The right to receive guidance and consumer education.
h. The right to obtain compensation, compensation and/or reimbursement, if the goods and/or services received is not in accordance with the agreement or not as it should be.
i. The rights stipulated in other laws and regulations.
Consumer Rights according to experts Hamada Mire and Stamen Yoro: a. The right to security and safety
b. The right to information c. The right to choose d. The right to be heard
e. The right to obtain the necessities of life f. The right to obtain redress
g. The right to education of consumers
h. The right to obtain a clean environment and healthy i. The right to get goods to the exchange rate exerts j. The right to obtain appropriate legal remedies.
III. Food and Food Security
According to Article 1 (1) of Law number 18 in 2012 food is: anything that comes from biological sources of agricultural products, agriculture, forestry, fisheries, livestock, water, and water, either treated or untreated designated as food or beverage for human consumption, including food additives, food raw materials, and other materials used in the preparation, processing, and / or manufacture of food or drink.
According to Article 1 (2) of Regulation government number 28 in 2004 about Safety, Quality and Nutrition, Fresh Food is food that has not undergone processing that can be consumed directly and/or which can be the raw material of food processing.
Fresh Food from Origin Plant, hereinafter abbreviated as PSAT is the food of plant which has not undergone processing that can be consumed directly and / or which can be the raw material of food processing.
According to Article 1 (5) of Law number 18 in 2012, Food Safety is a condition and effort needed to prevent the Food of the possibility of biological, chemical, and other objects that can disturb, harm , and harm to human health and does not conflict with religion, beliefs, and cultural communities that are safe for consumption.
Food Security based on Article 1 (4) of Law number 18 in 2012 is the condition of the fulfillment of food for the country to the individual, which is reflected in the availability of adequate food, both in quantity and quality, safe, diverse, nutritious, equitable, and affordable as well not conflict with religion, faith and culture, to be able to live healthy, active, and productive in a sustainable manner.
other objects that can disrupt , harm , and harm to human health and does not conflict with religion , beliefs , and culture so it is safe for consumption .
The purpose of Implementation of Food is contained in Article 4 of the Food law Number 18 in 2012 about food that is:
a. Increasing the ability to produce food independently;
b. Providing a variety food and fulfill requirements of safety, quality, and nutrition for public consumption;
c. Realizing level of sufficient food, especially the main food with reasonable prices and affordable according to the needs of society; d. Facilitating or improving access for the public, especially for Food and
Nutrition vulnerable communities;
e. Increasing the added value and competitiveness of Food commodities market in the country and abroad;
f. Increase knowledge and awareness about food safety, quality, and nutritious food for public consumption;
g. Improving welfare for Farmers, Fishermen, cultivation of fish, and business communities of Food; and
h. Protects and develops the resources of the national Food.
IV. Forms of Supervision of the Fresh Food Security in the Food Security Office of West Sumatra
The history of the formation of the Office of Food Security Agency in West Sumatra was initiated on July 21, 2008 the government of West Sumatra Province has formed a structural Institutions institutional food security is Food Security Agency of West Sumatra Province .
Food is the most important basic human needs, because it is the fulfillment of food is part of the human rights of individuals. Compliance with food is also very important as a basic component for realizing the human resources quality. Given the importance of adequate levels of food, each country will prioritize the development of food security as a foundation for the development of other sectors.
Based on Food Law Number 7 In 1996, the definition of the concept of food security and stated that food security is the fulfillment of conditions for household food needs are reflected in the availability of food in quantity and quality, safe, equitable and affordable. From that sense, the realization of food security can be understood as follows:
a. The fulfillment of the condition of food with the availability of sufficient food interpreted in a broad sense; include foods derived from plants, animals, and fish to meet the needs of carbohydrates, proteins, fats, vitamins and minerals and their derivatives.
c. The fulfillment of the conditions prevalent food, means food must be available at all times and evenly distributed throughout the country. d. The fulfillment of the conditions of affordable food, interpreted easily
obtained household food at an affordable price
Considering the food is also an economic commodity, it is associated with the development of market opportunities and increased competitiveness, which is formed of the specific advantages of location, quality excellence and efficiency with the application of innovative technologies. Furthermore, because the food production area largely implemented by small-scale farmers by the rural poor, the development of food security is very strategic to strengthen the rural economy and fighting poverty
Food security is a system consisting of subsystems availability, distribution and consumption. The performance of each subsystems are reflected in terms of the stability of food supply , public access to food , and utilization of food (food utilization) , including the setting of menu and distribution of food in the family .
Food Security Agency (BKP) as the executive element of local government in the field of food security is under and is responsible to the governor through the Regional Secretary. It has the main task of carrying out the preparation and implementation of regional policies in the field of food security and food control. To carry out these basic tasks, the Food Security held the following functions:
a. Formulating technical policy in the field of Food Security
b. Services supporting the implementation of the Provincial Government in the areas of Food Security
c. Providing support for the implementation of local government in the areas of Food Security
d. Implementation of other duties assigned by the leadership.
Fresh Food Safety Control of Origin Plant (PSAT) is the efforts made to ensure the security of PSAT outstanding (inspection, sampling, monitoring, testing). Fresh Food Safety Supervisory Origin Plant (PSAT) is an officer who was officially commissioned by the Food Security Agency to conduct surveillance on businesses PSAT.
In Regulation government Number 28 in 2004 states that the Government implement the requirements of food safety and quality. To oversee the implementation of these requirements and meet the demand for an assurance of safe food products and quality need for an official institution mainly for surveillance, certification and labeling. To carry out this supervision is established OKKP-P by the agricultural ministry.
SKPD Authority of Food Safety in Handling of Fresh food. For OKKP - D operation is formed the Food Security Unit in which Quality unit, food Control and Certification (BPSMP)
It is based in West Sumatera Governor Regulation Number 66 in 2009 regarding the establishment of an institution that is authorized to issue a certificate for fresh food, namely the unit-Agency Technical implementation Control and Certification Center for Food Quality (UPTB-BPSMP). Where UPTB-BPSMP is institutions or work units in scope of the Regional Government in accordance with its duties and functions are given the authority to supervise the Food Quality Assurance System Operational agricultural Results. In handling fresh food security, BPSMP has the duties and functions:
a.Main tasks
-Implement food safety controls of fresh, both local production and imports
-Implement fresh food certification (prima 2 and 3) b. Function
- Conduct food certification of agricultural products
- Carry out the registration of food crops (PD and PL) report implementation of certification activities on the Governor of West Sumatra
- Conducting Oversight outstanding fresh food that a high risk or are packed and labeled.
Government Regulation number 28 in 2004 about Safety, Quality and Nutrition stipulates that the Ministry of Agriculture responsible for handling fresh food security agricultural origin. Institutional food security is needed in carrying out the function of management and supervision of fresh food.
Coaching fresh food security is the responsibility of the Directorate General of the Ministry of Agriculture Technical Center and local levels in accordance with the duties and functions, and work from on farm to food have distributed.
Fresh food safeties controls are also carried out from on farm to food have distributed. Agency / Department that handle food safety monitoring center and local do supervision about fresh food safety in circulation in based on the duties and functions. To support about fresh food safety, need coordination with relevant agencies in an integrated and advocacy to stakeholders.
Therefore, the government conducts supervision with the following objectives:
1.To provide assurance and food safety protection to consumers of fresh product
3.Test the truth of a claim for certain fresh products e.g. fruit and vegetables free of pesticides
4.Provide assurance to buyers from outside while enhancing the competitiveness of Indonesian fresh agricultural products both in the domestic market and the world
5.Obtain general overview of the security level of fresh food products circulating in the community
6.Increasing awareness of manufacturers and businesses about the importance of implementing good ways (Best Practices) and other quality assurance systems in the entire food chain
7.Provide appreciation to producers who have implemented a system of quality assurance and food safety (SiSakt and Prima)
As for the scope of supervision are:
1. Monitoring the process of handling of product and Fresh Fruits and Vegetables
a. The process of fruit and vegetable products b. Handling fruits and vegetables after harvest c. Ways of handling / sales at the retail level
2. Monitoring compliance with GAP (Good Agricultural Practices) and other quality assurance systems within the framework of the Indonesian Agricultural Certification system (The Way) for Prima Labeling
3. Supervision and monitoring Residue Chemistry/Pesticide and Microbiological quality of the fresh products (domestic and imported) 4. Control of security guarantees for imported products through :
a. checking importers for risk products
b. checking of documents and certificates of food safety assurance c. Laboratory checking of certificate when it is in doubt
5. Monitoring of standards and other provisions for the commodities that have implemented certain standards (including organic food).
In quality control and food safety of fresh, task of the central government are : the development of technical regulations and guidelines relating to quality and food safety (SNI required) , Coordination of quality control and food safety , implement monitoring food safety at the perpetrators agribusiness, harmonization cross-sector between the business partners, recognition / awards / registration on businesses will be the achievement of the implementation of quality assurance of food safety.
In West Sumatra Food Security Agency was appointed as the authorized institutions (Competent authorization) in the handling of fresh safety food in. This is based on the Governor Regulation of West Sumatra on Determination number 521-367-2012 about Food Security Agency of West Sumatra Province as SKPD that has Authority in Handling of Fresh safety food.
For OKKP - D operations are formed by UPT of the Food Security Unit in which is supervision Unit and Certification of Food Quality (BPSMP). It is based on West Sumatera Governor Regulation Number 66 in 2009 about the establishment of an institution that is authorized to take a certificate for fresh food ie - Agency Technical Implementation Unit and the Institute for Food Quality Certification (UPTB - BPSMP). Where UPTB - BPSMP are institutions or work units in the scope of the Regional Government that its duties and functions are given the authority to supervise the Food Quality Assurance System of Agricultural Products.
Organizational Structure in Monitoring Center and Certification and Quality of Food accordance with governor Regulation of West Sumatra Province number 66 in 2009 Date of December 14, 2009 about Organization and Technical Implementation Unit of Monitoring Agency and Certification of Food Quality West Sumatra Province with Organizational Structure as follows :
In supporting the implementation of activities BPSMP West Sumatra, personnel are currently available in labor / personnel include as 14 people are as follows:
1 Echelon III (Head of Office)
3 people Echelon IV (Head of Sub Division of Administration, Head of Technical Services and Head of Section of Testing and Certification)
10 people of PMHP Functional
From 14 personnel, eight people have been trained auditor / inspector of food safety and 8 people have attended training Sampling Officers (PPC).
Procedures of Food Safety Supervision Fresh Products performed as: Head of BKP
Head of UPTB - BPSMP
Sub Division of Administration
Division of technical Service
1. Periodically Inspectorate carries out inspections through sampling at the level of "On farm", collectors, importers, supermarkets and traditional markets.
2. The samples were tested at the assay quality laboratory/accredited residue pesticide laboratory.
3. The result of tests are reported to OKKPD
4. If the results showed that residues over threshold , the steps are performed :
a. OKKP - D informs to the manufacturer, importer and marketer about tainted products.
b. Assign investigators to monitor the corrective action required on these producers
c. Reported the case to the Regent/Mayor and Competent Authority for Food Safety Center.
To succeed the implementation of monitoring and supervision of fresh Food Security in West Sumatra, the Provincial of Government will do:
1. Coordinating with relevant agencies in the province in the fresh food safety control such as the Department of Agriculture , Department of Animal Husbandry , Agricultural Quarantine , Department of Marine and Fisheries , POM office, Public Health Service , MUI;
2. Carrying out to Fresh food safety control including sampling and testing of food safety qualitatively and quantitatively ; and
3. Conducting of coordination meeting to follow up on the results of monitoring at the provincial level.
Government of regency/city is:
1. Do coordinate with relevant agencies in the regency/city in the fresh food safety control such as the Department of Agriculture , Department of Animal Husbandry , Agricultural Quarantine , Department of Marine and Fisheries , POM office , Public Health Service , MUI;
2. Conducting sampling of fresh food and food safety testing;
3. Conducting of coordination meeting to follow up on the results of monitoring at the regency/city.
To oversee the implementation will guarantee an assurance of food product that are safe and quality need for recognition from official institutions which authorized to publish certification and labeling. There are three levels of certificates/ GAP awards (Good Agricultural Practices) to be awarded:
1. Certificate of PRIMA 1
Ratings are given in the implementation of farm where the result of product is safe for consumers, good quality and way of production environmentally. It is published by the Competent Authority for Food Safety Centre (OKKP-P).
Ratings are given on the implementation of the farm where the result of product is safe for consumers and good quality. It is published by the Competent Authority of the Regional Food Security (OKKP-D).
3. Certificate of PRIMA 3
Ratings are given for the implementation of the farm where the products are safe for consumption. It is published by the Competent Authority of the Regional Food Security (OKKP-D). Using of certification is: a quality assurance and safety of fresh food, as security and protection for consumers/communities, facilitating to find back of product from possible quality deviations.
Fresh food that has been certified Prima 3 in West Sumatra there are 20 farmer groups, namely:
1. Woman Farmer Group of Bundo Kandung
Address: Nagari Koto Baru, X Koto District, Tanah Datar Regency Commodity: Carrot (Daucus Carotta sp)
Size of garden: 1 Ha
Certificate Number: 1 3/04 -3-0 7 9/0 2-0 0 1 2. Farmer Group of Ingin Sejahtera
Address: Nagari Koto Baru, X Koto District, Tanah Datar Regency Commodity: Carrot (Daucus Carotta sp)
Size of Garden: 1 Ha
Certificate Number: 1 3/0 4-3 - 0 7 9/0 2-0 2 2- 12/2011 3. Woman Farmer Group of Sansievera
Address: Nagari Mandahiliang, Salimpaung District, Tanah Datar Regency
Commodity: Beans Size of garden: 0,50 Ha
Certificate Number: 13 / 04-3-079 / 02-003-12 / 2011 4. Business Actor Aswandi TK. Bandaro
Farmer group: Sinar Harapan
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of garden: 1 Ha
Certificate Number: 13 / 07-3-022 / 01-001 12/2010
5. Business Actor H.M. Yunis TK. Sutan Farmer Group: Fajar Harapan
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of Garden: 1,25 Ha
Certificate Number: 13 / 07-3-022 / 01-003- 06/2011 6. Business Actor Tamseh
Farmers group Sinar Harapan
Size of garden: 1 Ha
Certificate Number: 13 / 07-3-022 / 01-002- 12/2010 7. Business Actor Dedi Satria
Farmer Group: Grace Rasa
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of Garden: 1,30 Ha
Certificate Number: 13 / 07-3-022 / 01-003- 06/2011 8. Business Actor Yan Efli
Farmer Group: Siriah Bajunjuang
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of garden: 1 Ha
Certificate Number: 13 / 07-3-022 / 01-007- 12/2011 9. Business Actor Riswanto
Farmers: Siriah Bajunjuang
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of garden: 0,5 Ha
Certificate Number: 13 / 07-3-022 / 01-005- 12/2011 10.Business Actor Riswanto
Farmer Group: Siriah Bajunjuang
Address: Nagari Koto Tinggi, Gunung Omeh District, 50 Koto Regency Commodities: Tangerine (Citrus Sp)
Size of garden: 0:25 Ha
Certificate Number: 13 / 07-3-022 / 01-007- 12/2011 11.Business Actor Thoyiba
Farmer Group: Lestari Mandiri
Address: Nagari Padang Laweh, VII Koto sub district, Sijunjung Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of garden: 0:20 Ha
Certificate Number: 13 / 07-3-037 / 01-002- 09-2012 12.Business Actor Aniswardi
Farmer Group: Group Cubadak
Address: Nagari Padang Laweh ,, VII Koto sub district, Sijunjung Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of garden: 1 Ha
Certificate Number: 13 / 07-3-037 / 01-001- 09-2012 13.Business Actor Supaman
Farmer Group: Group Joint
Address: Punggasan Baganti, Linggo Sari District, South Pesisisr Regency
Certificate Number: 13 / 07-3-037 / 01-001- 09-2012 14.Business Actor Supaman
Farmer Group: Group Joint
Address: Punggasan Baganti, Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of garden: 0:40 Ha
Certificate Number: 13 / 07-3-037 / 01-002- 09-2012 15.Business Actor Supaman
Farmer Group: Group Joint
Address: Punggasan Baganti, Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of Garden: 0.60 Ha
Certificate Number: 13 / 07-3-037 / 01-003- 09-2012 16.Business Actor Ardi Kristovel
Farmer Group: Group Joint
Address: Punggasan Baganti, Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of Garden: 0.60 Ha
Certificate Number: 13 / 07-3-037 / 01-004- 09-2012 17.Business Executors January
Farmer Group: Group Joint
Address: Punggasan Baganti ,, District of Linggo Sari, Kab South Pesisisr
Commodities: Mangosteen (Garcinia Mangostana) Size ofgarden: 0:40 Ha
Certificate Number: 13 / 07-3-037 / 01-005- 09-2012 18.Business Actor Juhir
Farmer Group: Group Joint
Address: Punggasan Baganti,Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostana) Size ofgardens: 0:40 Ha
Certificate Number: 13 / 01-3-037 / 01-006- 09-2012 19.Business Actor Jusni
Farmer Group: Group Joint
Address: Punggasan Baganti, Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostana) Size of Garden: 0.60 Ha
Certificate Number: 13 / 01-3-037 / 01-007- 09-2012 20.Business Actor M. Syaid
Address: Punggasan Baganti,Linggo Sari District, South Pesisisr Regency
Commodities: Mangosteen (Garcinia Mangostan) Size of Garden: 0.60 Ha
Certificate Number: 13 / 01-3-037 / 01-008- 09-2012
V. The Form of Supervision Towards Fresh Food at the Department Of Agriculture in Sawahlunto Regency
Sawahlunto is a consumptive area but not productive area. So the Food Security in Sawahlunto is only to supervise the Fresh Food in circulation only. While, fresh food supervision is not implemented.
Based on the result of research in the field, supervision of the fresh food in Sawahlunto in 2014 conducted 10 samples of food, namely:
1. The four samples of vegetables are green cabbage, cauliflower, chili and leaf onions circulate in markets at Sawahlunto. Samples were taken to Pesticides Labor BPTPH in West Sumatra Province. The results showed that there were not detected pesticides and other harmful chemicals.
2. Six samples more oversight of chemical contamination found in fresh fish such as swordfish, bilih basah in Sawahlunto market. The results were also not detected the use of chemicals that harm the health of consumers.
3. Four samples more in snacks at the school, steam cake, fried bread, kerak telur and Mpek-mpek. From the results is known that in 2013 was found Borax on rice crackers. While supervision in 2014 showed that there was not detected the using of chemicals on children snacks in the school.
Based on the results of research, it can be concluded as follows:
Food safeties, quality and nutritious are very important role for the growth and improvement of health and the improvement of the intelligence community. Food safety is a condition and effort needed to prevent food from potential hazards due to biological, chemical, and other objects that can disturb, harm and endanger human health.
them contain more than one type, and exceeded the MRL (Maximum Residue Level).
Government Regulation number 28 in 2004 about Safety, Quality and Nutrition stipulates that the Ministry of Agriculture responsible for handling fresh food security agricultural origin. Strong institutional food security is indispensable in carrying out the function of management and supervision of fresh safety food.
Coaching fresh food security is the responsibility of the Directorate General of the Ministry of Agriculture Technical Center and local level in accordance with the duties and functions, and work from on farm to food have distributed.
Fresh food safeties controls are also carried out from on farm to food have distributed. Agency / Department that handle food safety monitoring center and local do supervision about fresh food safety in circulation in based on the duties and functions. To support about fresh food safety, need coordination with relevant agencies in an integrated and advocacy to stakeholders.
Therefore, the government conducts supervision with the following objectives:
1. To provide assurance and food safety protection to consumers of fresh product
2. Prevent enter of fresh fruit and vegetable commodities that do not meet the requirements of sanitary and phytosanitary measures that may threaten the health of consumers.
3. Test the truth of a claim for certain fresh products e.g. fruit and vegetables free of pesticides
4. Provide assurance to buyers from outside while enhancing the competitiveness of Indonesian fresh agricultural products both in the domestic market and the world
5. Obtain general overview of the security level of fresh food products circulating in the community
6. Increasing awareness of manufacturers and businesses about the importance of implementing good ways (Best Practices) and other quality assurance systems in the entire food chain
7. Provide appreciation to producers who have implemented a system of quality assurance and food safety (SiSakt and Prima)
As for the scope of supervision are:
1. Monitoring the process of handling of product and Fresh Fruits and Vegetables
The process of fruit and vegetable products a. Handling fruits and vegetables after harvest b. Ways of handling / sales at the retail level
Indonesian Agricultural Certification system (The Way) for Prima Labeling
3. Supervision and monitoring Residue Chemistry / Pesticide and Microbiological quality of the fresh products (domestic and imported ) 4. Control of security guarantees for imported products through :
a. checking importers for risk products
b. checking of documents and certificates of food safety assurance c. Laboratory checking of certificate when it is in doubt
5. Monitoring of standards and other provisions for the commodities that have implemented certain standards (including organic food).
In quality control and food safety of fresh, task of the central government are : the development of technical regulations and guidelines relating to quality and food safety ( SNI required) , Coordination of quality control and food safety , implement monitoring food safety at the perpetrators agribusiness , harmonization cross-sector between the business partners , recognition / awards / registration on businesses will be the achievement of the implementation of quality assurance of food safety .
Meanwhile, the work of local government are : to supervise the revolve of fresh food and testing related to food quality and safety , monitoring quality and safety food , recognition ( certification and registration ) to agent business of food , preparation of budget support . This supervision is done by the competent Authorities, they are a Unit / government institution mandated to conduct monitoring of quality and safety food is authorizing to publish certificates of safety food assurance and the use of the mark / label and technical regulations or logo on the products.
VI. The Form of Supervision towards Fresh Food by Food Security Department in Solok Regency
Food safety system in Solok stipulated in the regulation Number 22 in 2013 dated August 26, 2013. The purposes of the establishment of Solok regulation are as follows:
1. To realize the assurance of food quality, healthy, nutritious, safe, lawful and good, as well as fulfill the requirements of health and safety, also competitive.
2. To realize the production process systems, trade and safe food handling, honest, and responsible and pro- consumer.
3. To give protection for consumer health
4. To give the guidance and supervision in an integrated manner toward food produced and circulating in the community.
Based on the interview with the Head of Solok Regency in Food Security Office, Mr. Ir. Syarkawi, ST, MM, he stated that:
1. Availability of food
2. Achieving of food and nutrition 3. Food safety and nutrition
Furthermore, Mr. Syarkawi ST, MM stated that to carry out supervision of food safety and nutrition should be started from the "cultivation" and through the following steps:
Enforce of SOP
Area is registered
Area is certified
In carrying out the food security department of Solok regency was in trouble, that was the implementation of Registration that was held by Food Security Department, while certifying carried out by the Food Security Agency of West Sumatra, so it happens that areas have already registered but are not certified by the Food Security Agency of West Sumatra. So this makes surveillance of fresh food in Solok has not been effective until now.
Activities which have been carried out by the food security office Solok regency in providing oversight of fresh food distribution is as follows:
1. Test of Samples
Sample tests carried out on: a. Food is produced
b. Food that is circulating in the community c. Food that much consumed for Solok regency
The test of samples are performed in Solok is only about 10 samples per year, because the funds are available only for 10 samples per year. In testing one sample is required Rp. 625.000, - (six hundred twenty five thousand rupiah). The tenth samples are made up of vegetables and fruits. From the results of test, the samples turned out to be a lot of excess pesticides. In this case Mr. Syarkawi, ST, MM argued that the Provincial House should make regulation about the delimitation in using pesticide. And oversight of the users of pesticides is very week in Solok.
The impact of using excessive pesticides is appearing of disease, but the impact needs much time to see. So that, Solok Regent put out a regulation on Integrated Food Safety System.
2. Monitoring of the food in the markets in Solok Regency
VII. Forms of Legal Protection for Consumer Related to the Implementation of Monitoring by The Fresh Food Security
From observations and interviews with farmers in vegetable centers in Solok , there are still many irregularities misuse of pesticides and insecticides , especially in plants peppers, tomatoes, cabbage. Such irregularities, among others; pesticide use in mixed thus exceeding the threshold dose, systemic pesticide use, (the use of pesticides that are not recommended as : flour winder, core) , spraying is repeated.
In an interview with one of the consumers , the conclusion is many consumers buy vegetables that will be consumed still less attention to the condition of the vegetable which is good for consumption , consumers are still often choose vegetables that form was good compare with vegetables wormy , whereas wormy vegetables that it was slightly contaminated with pesticides. Consumers are also many do not know the harm caused by the pesticide contained in vegetables to be consumed.
As for the negative effects of the pesticides for human health are: chronic poisoning by pesticides at this time the most feared, because the toxic effects can be carcinogenic (formation of cancerous tissue in the body), mutagenic (genetic damage to future generations), and teratogenic (birth of child disability of mothers poisoning). Pesticides can enter into the human body:
a. Directly
• Oral (trough mouth and digestive system) • By dermal (through the skin)
• Through the respiratory (nasal and respiratory system)
b. Indirect
• Pesticides indirectly in through food, drinks, etc.
Government supports for food safety aspects seen from the amendments - Food Law Number 7 in 1996 which has been changed to Law Number 18 in 2012 about Food. In the new Food law, food safety has incorporated these spiritual food safety aspects as well as dealt with in more detail and the role of government in setting norms, standards, procedures and criteria for food safety; development and control over emphasized.
From the results of the existing annual report on BPSMP, every year the government does socialization 2 times in a year. But outside of the schedule of activities is also active in counseling farmers' groups in various districts / cities with cooperating with agencies of food security in the district / city. It aims solely to educate consumers want to be able to choose which food is consumed which are not. With socialization that was one form of protection that is provided to consumers against fresh food monitoring.
In addition the Department of Agriculture also has a role in protecting its fresh food, especially vegetables to be in private consumption is by making programs:
Institute of Organic Agriculture (IPO) is built in Tanah Datar regency which serve to train the organic farmers in terms of:
a. Organic fertilizer
b. Manufacture of pesticides Vegetable
c. Creating organic vegetable demonstration plot 2. Organic Farmers Union (PPO)
Union of organic farmers (PPO) is formed by organic farmers with facilitation of Agriculture Department in West Sumatra. PPO formed in the centers of vegetable production in the province of West Sumatra. 3. Integrated pest control field school
Integrated pest control field school (FFS IPM) is formed in the target farmer groups and agricultural extension task force (Task Force) Pest Diseases (PHP) in each district that has district vegetables.
4. Field School (FFS) Agriculture Good Practice (GAP SL)
Field School (FFS) GAP was formed in the dominant aimlessly chili and tomato crops, that is the region SL GAP bore patches of pilot plants of chilies and tomatoes free from pesticides are harmful to consumers, and the use of pesticides appropriate, dosage and frequency right.
From the results of research, it can be concluded that:
1. The form of legal protection related to customers in fresh food monitoring in Sawhlunto is to oversee the fresh food and snacks circulating in the community and schools, because Sawahlunto is only as consumers, not producers.
2. The form of legal protection related to customers in fresh food monitoring in Solok are:
a. Information for society to organize KRPL Program, in the following ways:
1. Make Dasawisma whose members consist of all women.
2. Source of funds is taken from the state budget, the Budget Provincial and Budget of Solok regency. Dasawisma budget is range per group are:
- Budget: Rp. 27.5 million
- Budget of Province: Rp. 15000000-20000000 - Budget of Solok Regency: Rp. 15000000-20000000
According to Mr. Syarkawi, ST, MM said that protection of the users of fresh food in Solok can not be guaranteed due to the Department of Agriculture is not maximized provide socialization / education to farmers in using pesticides, for example, there are many farmers in Solok were still spraying
a. Pesticide at the time will harvest, that they should not be discouraged.
b. Socializing or extension to farmers in the form of: 1. Making poster - poster
4. Invite the farmers who produce coaches and consumers to discuss the fresh food control.
5. Make Food Security Exhibition
VIII. Constraints That Happens Implementation of Fresh Food Control in West Sumatra
Based on Law Number 18 in 2012 about Food, it said that food security is hold to keep food safe, hygienic, high quality, nutritious, and does not conflict with religion, faith and culture. Handling of food safety are intended to prevent possible contamination of biological , chemical and other substances that can disturb , harm , and harm human health . Therefore, the government and local governments are assigned so as to ensure the implementation of food security in every food chain in an integrated way.
The lack of quality assurance systems and food security in particular its fresh food resulted in many foreign products enter our area because it is believed the quality is guaranteed. This would be detrimental to farmers and increase the dependence of imported products. To monitor the fulfillment of the quality requirements and provide assurance to the consumer that fresh food products are safe for consumption, the Government of West Sumatra Province has established a Technical Implementation Unit in the Food Security Agency, namely the Institute for Food Quality and Certification (BPSMP).
The importance of food security is also set in Regulation number 65/Permentan/ OT.140/12/2010 about Minimum Service Standards field of Food Security Provincial and Regency/City. Handling of food security is obligatory to be implemented by the Provincial Government and Regency/City to provide protection of the right to food to the entire community in order to improve their welfare
To provide basic services, surely the implementation of the handling of food security in the province and regency/city is not enough just to use funding from the state budget only, so expect the Provincial Government and Regency/City may allocate from the budget to support the implementation of the handling of fresh food safety in regional. In addition, it needs coordination with relevant agencies; it is needed to support the implementation of food safety handling fresh.
Table 1.
The Analysis Result of Pesticide Residues in Vegetables in 2009 (APBN)
No Regency/City Commodity Active
7. Padang Panjang Chilli Profenofos 4,634
Source: UPTB-BPSMP in 2009
Table 2 .
5. Ramayana in commodities) there was one sample detected (Chili) contained profenofos 12.614 mg / kg was not safe for consumption. The use of these materials clearly affects the health of people who consume them, especially who taken continuously.
The content of pesticides on the body are carcinogenic (triggers the formation of cancerous tissue), mutagenic (genetic damage to future generations) and teratogenic (birth defects than mothers poisoning). Food safety problem is a problem for all and therefore must be handled jointly by the government, consumers, and producers. Obstacles faced by the Center for Food Quality Control and Certification in doing duty to the fresh food safety controls, are:
1. Lack of human resources or it is not compare with personnel in conducting surveillance
2. Lack of Public awareness in the importance of food quality and safety and the effects of consuming contaminated fresh food chemistry, physics, and biology.
3. Cross-sector coordination in handling food safety in general has not run optimally
4. Lack of information to field officers about food safety management activities in the districts / cities have not been supported with adequate funding.
The government also seeks to provide quality assurance to fresh agricultural products, among others through labeling and certification of fresh food products produced by farmers
While the obstacles encountered in South Solok are:
1. Most agricultural orientation only to increase production but food security is not considered.
2. Monitoring the use of pesticides by farmers that is difficult to control 3. Punishment fort farmers who use excessive pesticides are not
effective
4. Lack of funds to carry out overall supervision
5. Formulators are less supervised by the Department of Agriculture, so pesticides are circulating in the community.
While the constraints were faced by Department of Agriculture in Sawahlunto because there was no separation of the Food Security Agency with the Department of Agriculture , so understaffed to monitor the circulation of fresh food in Sawahlunto , and also still lack of funds to go to the field to supervise the distribution of fresh food in community.
IX. Conclusion
1. The form of supervision of the circulation of fresh food in West Sumatra conducted by the Food Security Agency designated as the authorized institutions (Competent authorization) in the handling of food safety of fresh Provincial (D) .For operational of OKKP-D in the Food Security Unit is Supervision OKKP-Department and Certification of Food Quality (BPSMP). It is based on West Sumatera Governor Regulation Number 66 in 2009 about the establishment of an institution that is authorized to issue a certificate for fresh food is Agency Technical Implementation Unit and the Institute for Food Quality Certification (UPTB-BPSMP).
2. The form of legal protection related to fresh food monitoring in West Sumatra are:
a. Information for Local communities to organize KRPL Program (Region Sustainable Food House) in the following ways:
1. Make Dasawisma whose members consist of all women. 2. Source of funds is taken from the state budget, the Budget
Provincial and Budget of Solok regency. Dasawisma budget is range per group are:
- Budget: Rp. 27.5 million
- Budget of Province: Rp. 15000000-20000000 - Budget og Solok Regency: Rp. 15000000-20000000
2. Extension 3. Taking sample
4. Invite the farmers who produce coaches and consumers to discuss the fresh food control.
5. Make Food Security Exhibition
3. Obstacles faced by the Center for Food Quality Control and Certification in doing duty to the fresh food safety controls, are:
- Lack of human resources or it is not compare with personnel in conducting surveillance
- Lack of Public awareness in the importance of food quality and safety and the effects of consuming contaminated fresh food chemistry, physics, and biology.
- Cross-sector coordination in handling food safety in general has not run optimally
- Lack of information to field officers about food safety management activities in the districts / cities have not been supported with adequate funding.
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