THE REQUEREMENTS AND PROCEDURES FOR CONTROLLING GOODS AND/OR SERVICES CIRCULATION IN THE MARKET THE MINISTER OF INDUSTRY AND TRADE

Transcription

1 THE REQUEREMENTS AND PROCEDURES FOR CONTROLLING GOODS AND/OR SERVICES CIRCULATION IN THE MARKET (Decree of the Minister of Industry and Trade No 634/MPP/Kep/9/2002 dated September 18,2002) THE MINISTER OF INDUSTRY AND TRADE Considering : a. that to implement Government Regulation No 58/2001 on the Development and Control of Costumer s Protection, it is necessary to stupulate the requirements and procedures for controling good or services circulating in the market; b. tha for this purpose, it is necessary to issue a Decree of the Minister of Industry and Trade; In view of : 1. Law No 5/1999 on Ban on Monopolistic Practices in Unsound Business Completion (Statute Book of 1999 No 33, Supplement to statute Book No 3848); 2. Law No 8/1999 on Cunsumer s Protection (Statute Book of 1999 NO 42, Supplement to Statute Book No 3821); 3. Law No 22/1999 on Regional Government (Statute Book of 1999 No 60, Supplement to Statute Book No 3839); 4. Law NO 34/1999 on the Government of the Special Capital Province of Jakarta (Statute Book of 1999 No 146, Supplement to Statute Book No 3878); 5. Government Regulation No 25/2000 on the Authority of the central and the Provincial Administrative as Autonomous Region (Statute Book of 200 No 54, Supplement to Statute Book No 3952);

2 6. Government Regulation No 102/2000 on National Standardization (Statute Book of 2000 No 1999, Supplement to Statute Book No 4020); 7. Government Regulation No 58/2001 on the Development and Control of Custumer s Protection (Statute Book of 2001 No 103, Supplement to Statute Book No 4126); 8. Presidential Decree No 288/M/2001 on the Formation of the Mutual Help Cabinet; 9. Presidential Decree No 102/2001 on the Position, Task, Function, Authority, Organization Structure and Work System of Ministry; 10. Presidential Decree No 109/2001 on the Oraganization nit and Task of First Echelon Officials of Ministry; 11. Decree of the ministrer of Industry and Trade No 86/MPP/Kep/3/2001 on the Work Mechanism and Organization Structure of Ministry of Industry and Trade; 12. Decree of the Minister of Industry and Trade NO 141/MPP/Kep/3/2002 on Special Importer s Identification Number; DECIDES : To Stipulates : DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE REQUUIREMENTS AND PROCEDURES FOR CONTROLLING GOODS AND/OR SERVICES CIRCULATION IN THE MARKET. CHAPTER I GENERAL PROVISIONS Article 1

3 Hereinafter referred to as : 1. Goods shall be any articles, either tangible or intangible, movable or immovable, and expendable or unexpendable, that can be traded, utilized, or used by consumers. 2. Services shall be any services in the form of work or achievement made available to the public for use. 3. Goods and/or services circulating in the market shall be the goods and/or services offered, prometed, advertised, and traded for use by consumers living in the territory of the Republik of Indonesia, both goods and/or services of domestic and foreign manufacture. 4. Market shall be the place where sellers and buyers meet to make transactions. 5. Consumers shall be the users of goods and/or services made available in the community, either in the interests of the conccerned individuals, their families or other people and not for trading. 6. Business players shall be individuals or corporate bodies in the form legal entities or non legal entities established and domiciled or running activities in the judical territory of the Republic of Indonesia, either indivuduallly or joint through a cooperation agreement to run business activities in all economic fields. 7. Standard shall be technical specificatiion or standarized thing including procedure and method made on the basis or onsensus among relevant parties by observing health, security, safety and environmental requirements, developments in science and technology, experiences, and present and future developments to gain the greatest passable benefit. 8. Indonesia National Standar (SNI) shall be the standard set by the National Standardization Board (BSN) and prevailing nationwide. 9. Compulsory Indonesia National Standard (compulsory SNI) shall be Indonesia National Standard trought Indonesia by the minister or relevant technical ministers.

4 10. Label shall be any piece of information on goods in the form of picture, text, combinatioan of picture and tex, or other form containing information on goods and business player as well as other information in accordance with the existing law and regulation, attached to the product, inserted in, stuck to or constituting part of a container of goods. 11. Standard clause shall be any rule or provision and requirements prepared and stipulated unilaterally by the business player in a binding document or agreement that must be fulfilled by consumers. 12. After sale services provided by the business player to consumers of goods and/or services sold in terms of quality guarantee, durability and operational reliability for a maximum of 1 (one) year. 13. Offer shall be the process /act/method made by the business player to shall goods and/or services to other parties. 14. Advertisement shall be the process, act or method of informing or introducing something to the public through news or messages encouraging and persuading the general public to make them interested in the goods and.or services offeres, put in the print media, the electronic media, and/or the outdoor media. 15. Promotion shall be the act of introducing goods and /or services to attract consumers to buy the goods and/or services that will be and are being traded. 16. Control shall be a series of activities ranging from plain observation, test, research to survey of goods and/or services circulating in the market to see to it that the goods and/or services meet the quality standard of productiion, labeling, standard clause, sales method, advertisiment method and after sale services. 17. Periodic control shall be the control of goods and/or services conducted at certain time based on the specified program. 18. Special control shall be the control conducted any time to respond to complaints from consumers and/or self supporting consumers protection foundation (LPKSM). Follow up on the result of periodic control requiring

5 quick handling, or prove an indication of crime offence in the field of consumers protection. 19. Goods and/or services controling officers (PPBJ) shall be civil servants working for the unit or organizaation responsible for controlling goods and/or services at the level of consumers protection unit and appointed by the authorized official 20. Civilian investigators of consumer s protection (PPNS-PK) shall be certain civilian official or civil servants authirized by Law No 8/1999 on Consumers Protection and appointed as investigators by the Decree of the Minister ofjustice and Human Rights. 21. Investigation shall be a series of activities conducted according to the method laid down in the existing law and regulation to seek and gather evidences capable of pointing to a criminal offences as reffered to in Law No 8/1999 on Consumers Protection as well as to find a suspect. 22. Researsch shall be the act of gathering, processing, analyzing and presenting data in a systimatic and objective way to solve a problem. 23. Survey shall be the method of gathering facts and data to get the absolute truth of certain goods or services circulating in a certain area. 24. Purposeful sampling shall be the technique of taking samples in a simple random sampling. 25. Head of working unit be : a. the head of office responsible for the trade sector in a provinse, regency/municipality. b. the director responsible for controlling circulating goods and services, at the central government level. 26. Consumer Dispute Settlement Board (BPSK) shall be the board in charge of handling and setting disputes between business players and consumers. 27. Technical Minister shall be the minister responsible for technical matters according to his/her tasks. 28. Minister shall be the minister whose tasks and responsible cover the trade sector.

6 CHAPTER II THE SCOPE OF CONTROL Article 2 The scope of control shall cover the goods and /or services circulating in the market, either those of domestic of foreign manufacture. Article 3 (1) The control of goods and/or services as referred to in Article 2 shall be conducted by the Government, the community and the self suporting consumer s protection foundation. (2) The control by the Government as referred to in paragraph (1) shall be conducted by the Minister and/or the relevant Technical Minister according to their respective tasks. (3) The Minister as referred to in paragraph (2)shall coordinate with the Minister/leader of the relevant Technical Agency in conducting the control. Article 4 (1) The control by the Minister as referred to in Article 3, paragraph (2) shall be conducted on the goods and/or services circulating in the market to see to it that the goods and/or services fulfill : a. quality standard; b. labeling; c. standard clause; d. after-sale services; e. sales methods through - offer, promotion, or the granting of prizes; - clearance sale or auction; - forced sale; - order.

7 f. advertisement (2) Any goods and/or services produced or traded by business players shall meet the existing requirements in terms of standard, labeling, standard clause, after-sale service, sale method advertisement. CHAPTER III THE CONTROL OF FULFILLMENT OF QUALITY STANDARD, LABELING,STANDARD CLAUSE, AFTER-SALE SERVICE, SALE METHOD AND ADVERTISEMENT Article 5 (1) The control of the quality standard as referred to in Article 4, paragraph (1), letter a shall be conducted on the goods and/or services circulating in the market, and subject to the compulsory SNI or other standar as required by the Minister of other Technical Minister. (2) The control of goods and/or services as referred to in paragraph (1) shall be based on the exixting standard. Article 6 (1) The control of the labeling as referred to in Article 4, paragraph (1), letter b shall be conducted on the goods circulating in the market. (2) The control of the labeling as referred to in paragraph (1) shall be based on the exixting law and regulation. Article 7

8 The control of the standard clause as referred to in Article 4, paragraph (1), letter c shall be conducted on the document and/or agreement of each goods and /or services offered in case : a. the standard clause contains : 1) the transfer of responsibility from the business player to other party; 2) the refusal to receive the return of goods already bought by the consumer; 3) the refusal to make refunds on the goods and/or services already bought by the consumer; 4) the power of attorney from the consumer to the business player, either directly or indirectly, to take every unilateral action related to the goods already bought by the consumer by installments; 5) the rule on the authentication of the lost utility of goods or services already bought by the consumers; 6) the granting of rights to the business player to reduce the utility of services or the property of the consumers serving as the object service trading; 7) the statement on the consumer s obedience to the rulers in the form of new, supplement or follow-up rules made unilaterally by the business player during the period of time when the costumer utilizes the services bougth; or 8) the statement that the consumer gives a power of attorney to the business player to charge the guaranty rights, mortgage rights or insurance rights to the goods bought by the consumer by installments; b. The inclusion of standard clause whose site or model is not easily seen or read. c. The use of terms or marks or language that cannot easily be understood by the consumer and are nnot in Bahasa Indonesia.

9 Article 8 The control of after sale services as referred to in Article 4, paragraph (1), letter d shall be conducted on the goods which are utilized in a sustained way for a least 1( one) year, whose spare parts and/or after sale facilities/repair are not available, and whose guaranty is not met according to the existing agreement. Article 9 The control of sale method through offer promotion and prizes as referred to in Article 4 paragraph (1) letter e shall be cond usted on the goods and/or services circulating in the market and bearing false, swindling oor misleading information as follows : a. as if the goods met and/or offered price discount, special price, certain quality standard, certain style or mode, certain characteristics, certain history or benefit; b. as if the goods were in a good and/or new state; c. as if the good and/or services received and/or had sponsor, approval, certain accessories, sertain benefid, and work characteristics; d. as if the goods and/or services were made by the company having sponsor, approval or affiliate; e. as if the goods and/or services were made available; f. as if goods did not have hidden defect; g. as if goods were the accessories of certain goods; h. as if the goods were peculiar to a certain area; i. underestimiting other goods and/or services, directly or indirectly; j. using excessive words without complete explanations, for instance, as if goods were safe, were not dangerous, did not contain risk or side effect; k. the offer contains uncertain promise;

10 l. offering goods and /or services with prices or tariffs, utility, condition, guaranty, rights or compensation, price discount offer or prize and directives for dangerous use not in agreement with those offered and prometed; m. offering goods and/or services with special prices or tariffs at ceratin time and amount but later defaulting; n. promising to give prizes with the aim of not giving them or giving them not in agreement with the promise; or o. offer with prizes through lottery, however, the prizes never materialize as promised beforre, such as : 1) never drawing lots according to the time promised; 2) never annoncing winners on the mass media; 3) giving prizes not in agreement with those promised; 4) replacing prized not in proportion to the value promised. Article 10 The control of clearance sale or auction as referred to in Article 4 paragraph (1). Letter e shall be conducted on the goods and/or services circulating in the market through the swindling/misleading ways as follow : a. stating that as if goods and/or services mer certain quality standard or did not carry hidden defect; b. having no intention to sell the goods offered but the others goods; c. never preparing certain quantities and/or adequate quantities of goods with the aim of selling other goods; d. never preparing certain capacity and/or adequate amount of services with the aim of selling other services; e. increasing the prices or tariffs of goods and/or services before cleareance sale;

11 Article 11 The control of forced sale as referred to in Article 4, paragraph (1) letter e shall be conducted on the goods and/or services circulating in the market and sold by force or other ways that may cause physical and psychological disturbance to the consumer. Article 12 The control of sales through order as referred to in Article 4, paragraph (1) letter e shall be conducted on the goods and/or services circulating in the market and sold by : a. failing fo fulfill orders and/or agreed time to complete the goods and /or services as promised; b. failing to fulfill promise to provide services. Article 13 The control of advertisement as referred to in Article 4, paragraph (1) letter f shall be conducted on the advertisement methods as follows : a. cheating the consumer aboud the quality, quantity, material, utility and price of goods and/or tariff of servisec, as well as timely delivery of goods and/or services; b. cheating the consumer about the guaranty of goods and/or services; c. carrying wrong, mistaken or improper information on the goods and/or services; d. never carrying information on the risk of using the goods and/or services; e. exploiting an event and/or individual without consent from the authorized agency or the concerned person; f. violating ethics and/or the law regulation on advertisement.

12 CHAPTER IV CONTROL AUTHORITY Article 14 (1) The Minister shall delegate the authority to conduct the control of goods and/or services circulating in the market as referred to in Article 4, paragraph (1) to : a. governors to coordinate the control of goods and/or services circulating in the market in the province according to their respective area; b. the governor of the Special Capital Province of Jakarta (DKI Jakarta) to conduct the control of goods and/or services circulating in the market in DKI Jakarta; c. regents/mayors, with the exception of those in DKI Jakarta, to conduct the control of goods and/or services circulating in the market in regencies/municipalities according to their respective area. (2) In conducting the control of goods and /or services the governors and regents/mayors as referred to in paragraph (1), letters b and c shall delegated their authority to the heads of working units whose tasks and responsibilities cover the trade sectoor. Article 15 By constanly observing provisions in Article 14, to assist the governors and regents/mayors in conducting the control of goods and/or services circulating in the market, the Director General of Domestic Trade in the case the director responsible for controlling goods and services can conduct direct of goods and/or services and/or ask for information from the heads of working units as referred to in Article 14,paragraph (2).

13 Article 16 The Minister shall assign the Director General of Domestic Trade to give guidance on the control of goods and/or services circulating in the market in provinces, regencies and municipalities in coordination with the other relevant technical director generals. Article 17 (1) In conducting the control of goods and/or services, the authorized officials as referred to in Article 14 and Article 15 can assign : a. goods and/or service controlling officers (PPBJ); b. civilian investigators of consmer s protection (PPNS-PK) (2) The authorized officials as referred to in Article 14 and Article 15 shall appoint and dismiss the controling officers as referred to in Aaarticle 17, paragraph (1) (3) The qualification of the controlling officers as referred to in paragraph (1), letter a shall be as follows : a. civil servants working for the working units overseeing the control of goods and/or services or the units responsible for protecting consumers at regional and central levels b. preferably those holding a bachelor/d.iii or S-1 degree, c. having attended a cource for goods and/or services controlling officers organized by the central and/or regional goverments, d. physically and mentally healthy. (4) The qualifications of PPNS-PK as referred to in paragraph (1), letter b shall agree with the Regulation of the Minister of Justice No M.18.PW.07.03/1993 on Guidelines for the Nomination, Promotion, Tour of Duty and Dismissal of PPNS.

14 CHAPTER V PROCEDURES FOR CONDUCTING CONTROL Part One General Article 18 (1) The control as referred to in CHAPTER II shall be conducted periodically and specifically. (2) PPBJ shall conduct the periodic control as referred to in paragraph (1). (3) PPBJ and PPNS-PK shall conduct the specific control as referred to in paragraph (1) Article 19 (1) In conducting the periodic control and/or specific control PPBJ and PPNS-PK shall stick to this Decree besides the exixting laws and regulation. (2) In conducting an investigation into a criminal offence in the field of consumers protection, PPNS-PK shall stick to technical guidelines and procedures for conducting and investigation into criminal offences in the field of consumers protection as well as the existing laws and regulations. Article 20 In conducting the control as referred to in Article 19, PPBJ and PPNS-PK shall be put under an obligation to : a. wear officer s identity card; b. bring with them a letter of assignment from the head of working unit as referred to in Article 14 and Article 15.

15 Article 21 (1) The periodic control as referred to in Article 18, paragraph (2) shall be conducted on goods with the following creiteria : a. the aspects of safety, security, health and the environment; b. being consumed and/or used by the general public; c. products already granded standard including SNI, compulsory or voluntary, or other standard required by the Government; d. frequent falsification/swindles in terms of content, after-sale service, label, and the like. (2) Specific control shall be conducted based on the following matters : a. as a follow up to the result of periodic control; b. complaints from the public or the self-supporting consumers protection foundation calling for quick handling; or c. an indication of criminal offence in the field o consumer s protection. Part Two The Method of Conducting Periodic Control Article 22 (1) The periodic control of goods and/or services circulating in the market to see to it that they meet the quality standard shall be conducted by taking samples of goods through purposeful purchase in the market. (2) The samples as referred to in paragraph (1) shall be tested by the accredited or government sanctioned test institute/laboratory. (3) The result of test shall be submitted to the head of working unit for evaluation. (4) If based on the result of evaluation as referred to in paragraph (3) : a) the goods and/or services have met the existing requirements of SNI or other standard required by the Government, the head of working unit can publicize the result of evaluation,

16 b) the goods and/or services do not agree with the requirements in letter a, the head of working unit shall : 1) coordinate with the Director General of Guidance in processing the result of evaluation based on the existing rules;or 2) transfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the field of consumers protection, for further investigation. Article 23 (1) The periodic control of labeling shall be conduced by : a. taking samples by buying specimen of goods in the market purposefully; b. maing plain observation of information in the label in accordance with the exixting rules; c. ensuring the truth of information in the label in relation to the condition of goods. (2) In ensuring the truth of information as referred to in paragraph (1), letter c where the technical specifications of goods are concerned a test shall be conducted in the accredited test laboratory or that sanctioned by the Mnister. (3) The result of observation as referred to in paragraph (1) and paragraph (2) shall be submitted to the head of working unit for evaluation. (4) If based on the result of of evaluation as referred to in paragraph (3) : a. information in the label attacheed to the goods and the result of laboratory test on the goods have agreed with the existing rules, the head of working unit can publicozate the result of evaluation, b. information in the label attached to the goods and the real condition of goods do not agree with the existing rles,the head of working unit shall : 1) coordinate with the Director General of Guidance of the relevant agency;

17 2) trnasfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the field of consumer s protection, for futher investigation. Article 24 (1) The periodic control of the inclusion of standart clause in the document and/or agreement shall be conducted by buying goods or asking for documnt and/or agreement from for the purpose of research to know the materials of the agreement as referred to in article 7. (2) The result of research shall be submitted to the head of working unit for evaluation. (3) In the based on the result of evaluation as referred to in paragraph (2) : a. standard clause as referred to in article 7 letter a is not found in the goods or document or agreement form, the head of working unit can publicize the result of evaluation. b. The goods or ducument or agreement form are found containing standard clause as referred to in Article 7, letter a, the head of working unit shall : 1) coordinate with the Directorate General of Guidance; or 2) transfer the result of evaluation to PPNS-PK in case of an indication of criminal offence on the field of consumers protection, for further investigation. Article 25 (1) The periodic control of after sale service shall be conducted by : a. examining the avalaibility/presence of spareparts and repair facilities for certain goods used in the a sustained way for a maximum of 1 (one) year; b. examining the presence of guaranty. (2) The result of control as referred to in paragraph (1) shall be submitted to the head of working unit for evaluation.

18 (3) If based on the result of evaluation as referred to in paragraph (2) : a. deviation as referred to in Article 8 is not committed, the head of working unit can publicize the result of evaluation. b. Deviation as referred to in article 8 is committed, the head of working unit shall : 1) coordinate with Directorate General of Guidance/ relevant agencies to provide guidance; or 2) transfer the result of evaluation to BPSK in case of losses suffered by consumers. Article 26 (1) The periodic control of sales through offer, promotion prizes, clearance sales and auction shall be conducted by making a survey and/or research at the level of retailers in offering, promoting and promising prizes. (2) The result of survey and/or research shall be submitted to the head of working unit for evaluation. (3) If based on the result of evaluation as referred to in paragraph (2), a. the business player has conveyed true or not cheating or not misleading statement, the heas of working unit can publicaze the result of evaluation, b. the business plaer has conveyed untrue, cheating or misleading statement as referred to in Article 9, the head of working unit shall 1) coordinate with the Director General of Guidance/Agency/related party to provide guidance; or 2) transfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the field of consumer s protection, for futher investigation.

19 Article 27 (1) The periodic control of advertisement either on the print media, the electronic media or the outdoor media shall be conducted by observing the extent to which the advertisement materials agree with the real condition of goods. (2) The result of observation as referred to in paragraph (1) shall be submitted to the head of working unit for evaluation. (3) If based on the result of evaluation as referred to in paragraph (1) : a. the advertisement screened in the electronic media, put on the print media or the outdoor media has agreed with the existing rules, the head of working unit can publicize the result of evaluation. b. The advertisement screened in the electronic media or put on the print media does no agreed with the existing rules, the head of working unit shall : 1) coordinate with thr Director General of Guidance/Agency/related party to provide guidance, 2) trnasfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the fiels of consumers protection for futher investigation. Article 28 The result of periodic control submitted to the head of working unit shall be put in an official report of control. Part Three The Method of Conducting Specific Control Article 29 PPBJ and PPNS-PK shall conduct spesific control through the following steps :

20 a. making a recheck in the field or in the market where goods and/or services are found; b. making a repeat test, survey or research of goods and/of services resulting from the periodic control as referred to in letter a, in cooperation with the business player concerned in terms of standard, labeling, standaard clause, after sale service, sale method advertisement; c. submitting the result of the repeat test, surve or research as referred to in letter b to the heas of working unit concerned for evaluation; d. if the result of evaluation as referred to in letter c suggest that there is not violation not criminal offence, the head of working unit concerned can publicize the result of evaluation; e. if the result of evaluation as referred to in letter c suggests that there is violation or criminal offence, the head of woking unit shall ask PPNS-PK to conduct an investigation as soon as possible in accordance with the existing procedures. Article 30 (1) The control of forced sales shall be conducted after receiving information/ complaints from the comsumer about the exercise of force. (2) Based on the information/complaint as referred to in paragraph (1) PPBJ shall make a survey and/or research in the place where the force is believed to have been exercised. (3) The result of survey and/or research shall be submitted to the head of working unit for evaluation (4) If based on the result of evaluation as referred to in paragraph (3) : a. the exercise of force is not found, the head of working unit shall publicize the result of evaluation, b. the exercise of force is not found, the head of working unit shall transfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the field of consumers protection for further investigation.

21 Article 31 (1) The control of sales through orders shall be conducted after receiving information/complaint from the consumer. (2) Based on the information/complaint as referred to in paragraph (1) PPBJ shall conduct a survey and/or research of things promised including the timely delivery, the quantity of goods and the condition of goods. (3) The result of survey and/or research shall be submitted to the head of working unit for evaluation (4) If based on the result of evaluation as referred to in paragraph (3) : a. no deviation is found,the head of working unit shall publicize the result of evaluation, b. deviation is found, the head of working unit shall : 1. coordinate with Director General of Domestic Trade in providing guidance, 2. transfer the result of evaluation to PPNS-PK in case of an indication of criminal offence in the field of consumer s protection for further investigation. Article 32 The result of specific control conducted by PPBJ and PPNS-PK and submitted to the head of working unit shall be put in an official report of control. Part Four The Pullout of Goods Article 33 (1) If based on the result of laboratory test, survey or research of the periodic control and/or specific control of goods as referred to in CHAPTER V, Part

22 Two and Part Three of this Decree the goods prove hazardous to the health, security and safety of consumers and/or can cause victims, the authorized official shall order the business player to stop production and pull out the goods from circulation after consulting the team specifically formed to that effect. (2) The head of working unit can publicize the result of the laboratory test, survey or research of the goods as referred to in paragraph (1) to avoid futher losses and/or victims. (3) The authorized official as referred to in paragraph (1) shall be the Director General of Domestic and Tradeacting in the name of Minister. Article 34 (1) If based on the result of the laboratory test, survey or research as referred to in Article 33, paragraph (1) the business player is believed to have commited a criminal offence based on the Law on Consumers Protection and/or other law and regulation, the goods can be confiscated and seized in accordance with the existing rules for security reasons. (2) The authorized civilian investigator shall confiscate and seize the goods as referred to in paragraph (1) for further legal process in accordance with the existing rules. Article 35 The head of working unit shall coordinate with other relevant agency/working unit in monitoring the pullout of the goods from circulation.

23 CHAPTER VI OTHER PROVISIONS Article 36 (1) If in conducting the periodic or specific control of goods and/or services circulating in the market the business player under the guidance of the relevant technical agency is found making irregulations, PPBJ and/or PPNS- PK shall immediately report the matter to the relevant working unit. (2) Based on the report as referred to in paragraph (1) the head of working unit shall coordinate the control to take follow-up actions in accordance with the authority of the relevant technical agency. CHAPTER VII REPORTING Article 37 (1) The head of working unit in a regency/municipality shall submit reports on the result of periodic control and specific control as well as on investigation into criminal offences in the field of consumer s protection in his/her working territory to : a. the relevant regent/mayor; and b. the head of the provincial working unit. (2) The head of the provincial working unit shall submit reports on the result periodic control and specific control as well as on investigation into criminal offences in the field of consumers protection from the regency / municipality to : a. the relevant governor ; and b. the Director General of Domestic Trade, Miniater of Industri and Trade.

24 (3) Especially for DKI Jakarta, the head of the provincial working unit shall submit reports on the result of periodic control and specific control as well as on an investigation into criminal offences in the field of consumers protection to : a. the governor of DKI Jakarta ; and b. the Director General of Domestic Trade, Minister of Industri and Trade. (4) The Director General of Domestic Trade shall submit reports on the result of periodic control and specific control as well as on investigation into criminal offences in the field or consumers protection nationwide to the Minister. CHAPTER VIII SANCTION Article 38 Any business player who violates this Decree shall be liable to sanction in accordance with Law No 8/1998 on Consumers s Protection as well as the other exizting law and regulation. CHAPTER IX CONCLUSION Article 39 All expenses arising from the pullout of goods and/or ervices from circulation shall become the responsibility of and be borne by the business player concerned. Article 40 All expenses arising from the control of goods and/or services conducted by the province, the regency/municipality and Director General of Domestic Trade, Minister of Industri and Trade, shall be borne by the regioanl budged (APBD), the state budged (APBN) and/or other legal sources.

25 Article 41 Technical provisions that have not been provided for in this Decree to conduct the control of goods and/or services shall be laid down in the Decision of the Director General of Domesstic Trade. Article 42 This Decree shall begin to take effect 1 (one) month after 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 September 18, 2002 THE MINISTER OF INDUSTRI AND TRADE sgd RINI M. SUMARNO SOEWANDI

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