Obligation to Use Indonesian Language on Goods Label

Though the practical implementation is still questionable, it seems the government has given more attention to the protection of consumers in the country, recently releasing a regulation requiring the use of Bahasa Indonesia on the labels of many common goods.

 

The obligation is articulated by Minister of Trade Regulation No. 62/M-DAG/PER/12/2009 on the Obligation to Include Labels on Goods, and is aimed at guaranteeing consumer rights to clear and correct information on the goods they use.

 

The goods for which an Indonesian-language label must be provided generally fall into four categories. These categories include certain electronic devices, vehicle parts, building materials, and other types of goods. The specific goods that fall into each category are set out in the Attachments to the regulation.

 

Article 2(4) clearly states that the Indonesian language on labels must be used in a clear manner and in such a way that can easily be understood.

 

Generally, this obligation is enforced upon two categories: (1) businesspeople that produce goods, and; (2) businesspeople that import goods. However, the obligation is only applicable to goods traded within the jurisdiction of the Republic of Indonesia. 

 

Article 3 articulates the process of how businesspeople are to serve their obligations. First, businesspeople are to deliver a sample of the Indonesian version of the label to the Director of Supervision of Available Goods and Services - a director at the Department of Trade.

 

Second, no later than 5 days from receiving the sample, the Director will issue a Statement (Surat Keterangan) to signify official approval. Once approved, any producers or importers of goods to be consumed in Indonesia can carry out their business.

 

Exceptions to the obligation to include Bahasa Indonesia on labels include:

-

Where the proper Indonesian terms are not available (Article 2(4));

-

When goods are sold in bulk and wrapped directly in front of consumers (Article 11(1)(a)), or;

-

Where the goods fall into the category set out by Attachment III to the regulation, meaning that the goods are being imported as raw materials or other supporting/intermediate materials to produce some final good to be consumed in Indonesia (Article 11(1)(b)).

 

Producers exempted from the obligation must still go through procedures set out by Article 11(2&3), which requires producers to submit a request to the Director with certain verifying documents attached, including the Industrial Business License.

 

The regulation also provides for sanctions if the labeling obligation is not performed. The regulation does not explicitly articulate the sanctions but refers to sanctions provided by Law No. 8 of 1999 on Consumer Protection.

 

The labeling obligation stipulated by the regulation also applies to goods already available in the market. Producers are given 1 year to comply with the obligation. 

 

The regulation was issued on 21 December 2009, but will not take force until 21 December 2010.

 

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Though the practical implementation is still questionable, it seems the government has given more attention to the protection of consumers in the country, recently releasing a regulation requiring the use of Bahasa Indonesia on the labels of many common goods.

 

The obligation is articulated by Minister of Trade Regulation No. 62/M-DAG/PER/12/2009 on the Obligation to Include Labels on Goods, and is aimed at guaranteeing consumer rights to clear and correct information on the goods they use.

 

The goods for which an Indonesian-language label must be provided generally fall into four categories. These categories include certain electronic devices, vehicle parts, building materials, and other types of goods. The specific goods that fall into each category are set out in the Attachments to the regulation.

 

Article 2(4) clearly states that the Indonesian language on labels must be used in a clear manner and in such a way that can easily be understood.

 

Generally, this obligation is enforced upon two categories: (1) businesspeople that produce goods, and; (2) businesspeople that import goods. However, the obligation is only applicable to goods traded within the jurisdiction of the Republic of Indonesia. 

 

Article 3 articulates the process of how businesspeople are to serve their obligations. First, businesspeople are to deliver a sample of the Indonesian version of the label to the Director of Supervision of Available Goods and Services - a director at the Department of Trade.

 

Second, no later than 5 days from receiving the sample, the Director will issue a Statement (Surat Keterangan) to signify official approval. Once approved, any producers or importers of goods to be consumed in Indonesia can carry out their business.

 

Exceptions to the obligation to include Bahasa Indonesia on labels include:

-

Where the proper Indonesian terms are not available (Article 2(4));

-

When goods are sold in bulk and wrapped directly in front of consumers (Article 11(1)(a)), or;

-

Where the goods fall into the category set out by Attachment III to the regulation, meaning that the goods are being imported as raw materials or other supporting/intermediate materials to produce some final good to be consumed in Indonesia (Article 11(1)(b)).

 

Producers exempted from the obligation must still go through procedures set out by Article 11(2&3), which requires producers to submit a request to the Director with certain verifying documents attached, including the Industrial Business License.

 

The regulation also provides for sanctions if the labeling obligation is not performed. The regulation does not explicitly articulate the sanctions but refers to sanctions provided by Law No. 8 of 1999 on Consumer Protection.

 

The labeling obligation stipulated by the regulation also applies to goods already available in the market. Producers are given 1 year to comply with the obligation. 

 

The regulation was issued on 21 December 2009, but will not take force until 21 December 2010.

 

......

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