A few months ago, public trust was rocked by a number of scandals involving fake vaccines, however such problems have actually been blighting Indonesia for well over a decade now.[1] And as if these scandals were not enough of a problem for the government, the country has had even more devastating news to deal with regarding Indonesia’s ongoing exposure to illegal and potentially dangerous foods, drugs and cosmetics.[2] These cases have prompted the government to urgently address the issue of supervision as regards the quality and safety of the food and drugs which are consumed across the country.
 
In line with such concerns, and also an integral part of the 2015 – 2019 National Legislative Program,[3] the House of Representatives (“House”) is currently discussing the Draft Bill on Food and Drug Supervision (“Draft Bill”),[4] which incorporates a total of 105 articles setting out a comprehensive umbrella arrangement of provisions relating to the supervision of food and drugs.
 
Aside from this, the Draft Bill is also aiming to offer better assurance at the level of law regarding the status of the National Agency for Drug and Food Control (Badan Pengawas Obat dan Makanan – “BPOM”), which is the national body primarily responsible for the supervision of food and drugs across Indonesia. Currently, this institution is only regulated under Articles 67 to 69 of Presidential DecreeNo. 103 of 2001 on the Status, Duty, Organizational Structures and the Working Systems of Non-Ministries (“103/2001 Presidential Decree”),[5]and this highly limited regulatory framework is undoubtedly responsible for the low supervision of food and drugs in Indonesia.[6]
 
This week’s Indonesian Law Digest (ILD) will analyze and discuss various topics relating to the supervision of food and drugs, as regulated under the Draft Bill, specifically: