Regulation Of The Minister Of Industry Number 63/m-Ind/per 12/2013 2013

Original Language Title: Peraturan Menteri Perindustrian Nomor 63/M-IND/PER.12/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c518be0c7a0b0f7313233363235.html

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Back NEWS REPUBLIC of INDONESIA No. 1452, 2013 the MINISTRY of INDUSTRY. Sulfuric Acid. Technical. SNI. The enforcement.

REGULATION of the MINISTER of INDUSTRY of the REPUBLIC of INDONESIA NUMBER 63/M-IND/PER/12/2013/about the ENACTMENT of the INDONESIAN NATIONAL STANDARD (SNI) COMPULSORY TECHNICAL SULFURIC ACID with the GRACE of GOD ALMIGHTY MINISTER of INDUSTRY of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the competitiveness of national industries and guarantee the quality of the results of the industry, protecting consumers over the quality of industrial products as well as creating a healthy business competition and fair in the field of the chemical industry , need to enact national standards Indonesia (SNI) sulfuric acid technical is mandatory;
b. that based on considerations as referred to in letters a need to set a regulation of the Minister of industry regarding the enforcement of Indonesia national standard (SNI) sulfuric acid Technical is mandatory;
Remember: 1. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic of Indonesia Number 3274);
2. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization) (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564);
3. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia year 2006 Number 93: Additional sheets of the Republic of Indonesia Number 4661);
4. Law number 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821);
5. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended by law number 12 of the year 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
6. Government Regulation number 17 in 1986 about the authority setting, coaching and Development industry (State Gazette of the Republic of Indonesia Number 23 in 1986, an additional Sheet of the Republic of Indonesia Number 3330);
7. Government Regulation Number 102 in 2000 about the standardization of the national (State Gazette of the Republic of Indonesia Number 199 in 2000, an additional Sheet of the Republic of Indonesia Number 4020);
8. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
9. Regulation of the President of Republic of Indonesia Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation of the Republic of Indonesia Number 91 in 2011;
10. Regulation of the President of Republic of Indonesia Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as amended by regulation of the President of the Republic of Indonesia Number 92 in 2011;
11. The decision of the President of the Republic of Indonesia Number 78 in 2001 of the National Accreditation Committee;
12. The decision of the President of the Republic of Indonesia Number 84/P in 2009 on the establishment of a United Indonesia Cabinet II 2009-2014 – Period as it has several times changed with the decision of the President of the Republic of Indonesia Number 60/P by 2013;
13. the regulation of the Minister of industry Number 86/M-IND/PER/9/2009 on Indonesia's National Industry Standards;
14. Regulation of the Minister of industry Number 105/M-IND/PER/10/2010 about the Organization and the Work of the Ministry of industry;
15. Regulation of the head of Bsn number 1 in 2011 about National Standardization Guidelines Number 301 in 2011 about the guidelines Enforcing national standards Compulsory In Indonesia;
Decide: define: REGULATION of the MINISTER of INDUSTRY REGARDING the ENACTMENT of the INDONESIAN NATIONAL STANDARD (SNI) SULFURIC ACID TECHNICAL is mandatory.
Article 1 In this ministerial regulation is: 1. Use the product Certificate SNI, hereinafter called the SPPT-SNI, is the use of Telltale Products SNI Certificate issued by Certifying products to a manufacturer capable of producing sulfuric acid Technical according the requirements of SNI.
2. Product certification agencies, hereinafter called LSPro, is an institution product certification activities Use SNI.
3. Laboratory Examiners is conducting laboratory testing against a sample of items according to specifications/SNI test method.
4. National Accreditation Committee, hereinafter called KAN, is non structural, which is at the bottom and is responsible directly to the President with the task of setting the system of accreditation and certification as well as authorized to accredit institutions and laboratory testers to perform certification.
5. Letter of Technical Considerations are the affidavits of the Director General of the Builder of the industry regarding the enactment of provisions not SNI compulsorily on products that have the number of the HS Code is affected by the provisions of the enactment of the SNI compulsorily based on reason.
6. Surveilan is checked at regular intervals and or specifically to the company/producer who has gained top SPPT-SNI consistency the application of SPPT-SNI conducted by LSPro.
7. The officer Trustees of standard Products, hereinafter called PPSP, was a civil servant in the Centre or area assigned to conduct surveillance of goods and or services on site and off site production production that SNInya has been enforced compulsorily.
8. the Minister is the Minister of the organizing Affairs of the Government in the field of industry.
9. the Director-General of Industry Builder is the Director General of the Manufacturing Industry Base, the Ministry of industry.
10. The Directorate General for Industry Directorate General Builder is the base of manufacturing industry, the Ministry of industry.
11. The Director of the builders of the Industry is the Director of the chemical industry base, Directorate General of Industrial Manufacturing Base, the Ministry of industry.
12. BPKIMI is the study of climate policy and the quality of the industry of the Ministry of industry.
13. the Department was on duty at the provincial level Government Affairs menyelengarakan the field of industry.
14. Office of County/city is the service in the Kabupaten/Kota level organized industrial areas of Government Affairs.
Article 2 Imposes compulsorily SNI Technical sulfuric acid with SNI and the number of postal Tariffs/Harmonized System (HS) as follows: NoJenis ProdukNo. SNINo. HS1. Sulfuric acid Teknis0030:2011EX 2807.00.00.00 article 3 companies that produce sulfuric acid Technical as stipulated in article 2 compulsory: a. applying the SNI and have the SPPT SNI sulfuric acid Technical compliance with the provisions of the Certification System 5 or certification System 1b;
b. affix the mark on packaging products at SNI place that is easy to read in a way that produces a sign labelling is not easily lost; and c. the application of the labelling STANDARD for Technical sulfuric acid in the form of precipitation is evidenced by the Copy of SPPT-SNI has been in legalisir.
Article 4 (1) sulfuric acid Technical as stipulated in article 2 compulsory noted the date, month and year of production on product packaging in a easy to read in a way that produces a sign labelling is not easily lost.
(2) the date, month and year of production referred to in paragraph (1) is one of the objects of supervision of the quality of the products the implementation of SNI sulfuric acid technical is mandatory.
Article 5 the provisions referred to in article 3 and article 4 applies to sulfuric acid Technical Postal Tariff number (HS Code) referred to in article 2 which comes from domestic production and imports.

Article 6 (1) sulfuric acid Technical Postal Tariff number (HS Code) referred to in article 2 which is used as a test example of research and development or in the framework of the publication of the SPPT SNI is not obliged to meet the conditions as referred to in article 2, article 3, article 4 and article 5.
(2) Importation of sulfuric acid Technical as referred to in paragraph (1) compulsory Technical Considerations come with a letter from the Director General of the Patrons of industry.
Article 7 (1) the grant of Technical Considerations as referred to in article 6 paragraph (2) is made on the basis of the petition of the company/institution industry.
(2) the Application referred to in subsection (1) must be equipped with sufficient legal Affidavit stating that the imported product is an example of research and development or test in order the publication of the SPPT SNI as referred to in article 6 paragraph (1) is accompanied by evidence that can be accounted for and document the applicant companies as well as licensing information of the volume of the product to be imported.
(3) the Directorate General of Industry Builder can be berkoodinasi with related agencies In proving the truth over the whole document requirements to obtain the Technical Considerations as referred to in paragraph (1).
(4) the technical consideration of the Letter referred to in subsection (1) at least contain the following information: a. the identity of the company;
b. usefulness;
c. capacity and plan the production company;
d. volume of imports; and e.  product specifications.

(5) in a published Letter Technical Considerations as referred to in paragraph (1) the Director General of the Builder of the industry can bestow authority referred to in the publishing Director of the builders of the industry.
(6) terms and conditions of the grant Letter Technical Considerations as referred to in paragraph (3) is set further in the regulations the Director General of the Builder of the industry.
Article 8 (1) petition for SNI addressed to LSPro that has been accredited by KAN and was appointed by the Minister.
(2) the application for SNI as mentioned on paragraph (1) must be equipped with a letter of application for Registration from the Director of SNI SPPT-Builder industry.
(3) a letter of application for the recording of SPPT-SNI as referred to in paragraph (2) is published based on the petition.
(4) the Application referred to in subsection (3) at least must inform the Institution product certification (LSPro) that will do the certifications that are equipped with: a. For the SNI SPPT-application made directly by the manufacturer comprises: 1. copy request form SPPT-SNI which has been filled in by the applicant and legalized by the corresponding LSPro;
2. copy business license Technical sulfuric acid Industry or similar permission from abroad;
3. Letter sign list/brand Sertfikat brand and license agreement or which has been registered at Jenderak Directorate of intellectual property rights, Ministry of Justice and human rights;
4. A list of the production equipment owned in support of the fulfilment of the provisions of the STANDARD referred to in article 2;
5. A list of the types of product to be certified;
b. For solicitation of SPPT-SNI conducted by a representative of the manufacturer (company representative or the importer) equipped: 1. all the requirements referred to in subparagraph a;
2. The letter of appointment from the manufacturers Technical sulfuric acid to the company representative or the importer as the party responsible for the process of the petition for certification and quality of the products produced from the manufacturer in question that circulated the relic in Indonesia and;
3. manufacturer's representative Company licensing Document comprising: a) the business license of the industry if manufacturers representative Company is an industrial enterprise;
b) trading business Licence (SIUP);
c If the Importer Identifier) numbers if the company is a manufacturer's representative Company Importer.
(5) a letter of application for recording of SPPT-SNI as referred to in paragraph (1) minimum load information: a. name and address of the manufacturer of the applicant SPPT-SNI;
b. the name and address of the Representative or the responsible importer in Indonesia for imported products;
c. LSPro which will do the SNI according with the petition; and d.  The type of product to be certified.
Article 9 (1) the publication of the SPPT-SNI Technical sulfuric acid through a Certification System 5 referred to in article 3 are performed by LSPro which has been accredited and designated by the appropriate Minister of the scope of the SNI sulfuric acid technical, through: a. testing the suitability of quality sulfuric acid Technical compliance with the provisions in the STANDARD referred to in article 2;
b. audit of production processes; and c.  audit of the implementation of the quality management system ISO 9001:2008 STANDARD or those revisions or other quality management system recognized.
(2) publication of SPPT-SNI Technical sulfuric acid through a Certification System referred to in Article 1b 3 conducted by LSPro which has been accredited and designated by the appropriate Minister of the scope of the SNI sulfuric acid technical, through product quality testing in accordance with SNI in lot production with provisions: a. one (1) lot of production for the product is the result of domestic production is the total amount of production for 6 (six) months; and b. one (1) lot production for imported products is the total amount of the product on each shipment arriving dipelabulan arrival.
(3) sampling of sulfuric acid Technical Certification System through 1b on: a. the product produced in the country is done at the factory;
b. product import dipelabuhan arrival;
(4) the testing Technical sulfuric acid sample taken based on the provisions in paragraph (3) was implemented by: a. Lab Examiners who have been accredited by RIGHT with the scope of the SNI sulfuric acid technical and appointed by the Minister; or b.  Laboratory Examiners overseas, with the provisions of: 1) have been accredited by accrediting agencies by the Government of the country where the laboratory in question are; and 2) countries where the laboratory is meant to have: a Mutual Recognition Agreement) (Mutual Recognition Arrangement (MRA) of) with the RIGHT, such as the International Laboratory Accreditation (ILAC) or The Asia Pacific Laboratory Accreditation Cooperation (APLAC);
b) multilateral or bilateral agreement in the field of technical regulations with the Government of the Republic of Indonesia and was appointed by the Minister.
(5) the application of the quality management system referred to in subsection (1) the letter c can be proven based on: a. a waiver yourself over the implementation of a quality management system according ISO 9001:2008 STANDARD or those revisions or other quality management system recognized; or b. the application of the quality management system Certificate according ISO 9001:2008 STANDARD or those revisions or other quality management system recognized Certification of a quality management system that has been accredited by accrediting agencies or'S quality management system which has signed an agreement of mutual Recognition with the RIGHT.
(6) when the LSPro and/or laboratory examiners accredited by KAN fit the scope of sulfuric acid Technical is not yet available or not sufficient need, the Minister may designate LSPro and/or laboratory Testers that competencies have been evaluated by BPKIMI.
(7) LSPro and/or laboratory Examiners designated as referred to in paragraph (6) the longest 2 (two) years since the appointment must be accredited.
Article 10 SPPT-SNI sulfuric acid Technical LSPro published as stipulated in article 9 at least mencantukan information on: a. the name and address of the company;
b. factory address;
c. the name of the person in charge of the company;
d. brands;
e. the name and address of the importer;
f. the number and title of the SNI; and g.  This type of product.
Article 11 (1) LSPro referred to in article 9 is obligated to notify and deliver to the head of the Agency for the assessment of policies, the climate and the quality of the industry, to the Director General of the Manufacturing Industry Base of the Ministry of industry and the publishing of the decision to the applicant company, delay, denial and Pelimpahan SPPT-SNI 7 (seven) working days since the publication of the kepusan in question.
(2) LSPro referred to in article 9 is responsible for the SPPT-SNI published.
Article 12 (1) sulfuric acid Technical imports that entered the customs area of Indonesia is obligated to comply with the STANDARD referred to in article 3 and article 4 or of the provisions referred to in article 6.
(2) sulfuric acid Technical import that has possess SPPT SNI must be submitted in accordance with the provisions of the legislation.
(3) sulfuric acid Technical imports that do not meet the conditions referred to in subsection (1) are prohibited from entering a customs area of Indonesia.
(4) Technical sulfuric acid imports that do not meet the conditions referred to in paragraph (3) mandatory re-exported or destroyed in accordance with the regulations by businessmen.
Article 13 (1) sulfuric acid Technical as stipulated in article 2 of the results of domestic production produced since the enforced regulation of the Minister of this and do not meet the conditions of the SNI was banned and must be destroyed.
(2) Technical sulfuric acid production domestically produced after this Ministerial Regulation diberlakuan and has been circulating in the market but do not meet the conditions of the SNI must be withdrawn from circulation and destroyed by the manufacturers concerned.
Article 14 (1) coaching and supervision against the execution of the application of the STANDARD referred to in article 2 are performed by Directorate General Builder Industry implemented by PPSP.
(2) Supervision as referred to in subsection (1) done to the product begins at the site of production with the circulation of products outside the location of the production is carried out at least one (1) times in a year.
(3) in performing the supervision referred to in paragraph (1) Directorate General of Industrial Patrons can coordinate with the Office of the province and the Department or district/city or related institutions.
(4) BPKIMI implement coaching against conformity assessment Institutions in the framework of the implementation of the SNI sulfuric acid technical is mandatory.
(5) in exercising the construction referred to in subsection (4), BPKIMI can provide a written reprimand and sanctions to LSPro who did not submit a report as referred to in article 11 in accordance with the legislation.
Article 15 the Director General Builder Industry sets the technical implementation and supervision of the application of the SNI sulfuric acid technical is mandatory.

Article 16 businessmen, LSPro and or laboratory Testers who do breach of provisions in the regulations the Minister is penalized in accordance with the legislation.

Article 17 this Ministerial Regulation entered into force 6 (six) months after promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on December 10, 2013 the INDONESIAN INDUSTRY MINISTER, MOHAMAD s. HIDAYAT of the promulgation in Jakarta on 12 December 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();