I. UMUM
The Constitution of the Republic of Indonesia in 1945 Article 28H mandates that every person is entitled to a prosperous life born and inner, residence, and is granted a good, healthy environment and is entitled to health care. Therefore, the Government has an obligation to provide health care as well as protect human health and/or the environment of the health threat especially from the impact of the use of chemicals. For that, certain harmful uses of chemicals and harmful pesticides must be regulated.
Global trade in the areas of certain chemical industries and hazardous pesticides categorized as hazardous and toxic materials, currently growing rapidly in order to meet industrial and agricultural needs. Certain commercial chemicals and pesticides have continued to run due to their benefits and are still required primarily by developing countries for use as raw materials or helper materials for industrial and agricultural activities. However, the developing world still has difficulties in order to conduct surveillance as well as to determine the safety of chemicals and pesticides for human health and the environment.
The International Code of Conduct on Distribution and Use of Pesticides at the Conference
Food and Agriculture ". Organization (FAO) in 1985, and
The London Guidelines for the Exchange of Information on Chemicals in International Trade by
United Nations Environment Programme (UNEP)
Governing Council in 1987 and revised on 1989.
In reality both procedures above have not been implemented effectively because they are voluntary and have not yet set about joint responsibility and cooperation in the international trade of chemicals and certain harmful pesticides. For that, the international community considers the need for a commitment that governs the consent procedures on the basis of initial information in the international trade of chemicals and certain harmful pesticides realized through the
Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention on the Procedure of the Approval Of Preliminary Information for Certain Chemical Materials and Harmful Pesticides in International Trade) that is next called the Rotterdam Convention.
Indonesia had signed the Rotterdam Convention on 11 September 1998. The convention entered into force on 24 February 2004 and until March 2012 it had been passed by 146 countries.
The Rotterdam Convention aims to increase the efforts of mutual responsibility and cooperation between countries in the international trade of chemicals and certain harmful pesticides to protect human health and the environment as well as for enhance the use of eco-friendly chemicals and pesticides through information exchange and export and import decision making processes.
As for the benefit of passing the Rotterdam Convention for Indonesia, among others:
1. Push the active role of Indonesia in decision making with the State of the Party to determine certain harmful chemicals and pesticides that are required to follow the consent procedure on the basis of initial information.
2. Protect the Indonesian society from the negative impact of international trade of chemicals and certain harmful pesticides through the arrangement of consent procedures on the basis of initial information so that it is spared the excessive use of the such chemicals and harmful pesticides that can harm the health, intelligence, and quality of Indonesian society.
3. Expforce regulatory and national policies related to the supervision and procedures of certain harmful chemicals and pesticides.
4. Prevent environmental pollution and disruption to health, safety, and environmental safety as a result of the use of certain prohibited and restricted hazardous chemicals and hazardous pesticides.
5. Increase the institutional capacity and competency of human resources in conducting surveillance as well as the ability to take import and export decisions of certain chemicals and harmful pesticides.
6. Extend access to easy exchange of information about certain chemicals and hazardous pesticides that are banned and restricted from fellow State of the Party.
7. Extend the opportunities for cooperation in terms of funding and technology assistance for infrastructure development and the implementation capacity of the Convention.
8. Rally for international cooperation to prevent and oversee the illegal trade of chemicals and certain harmful pesticides.
9. Extend Indonesia ' s position against agreement in the Rio Declaration on Environment and Development, and Chapter XIX Agenda 21 on the Management of Environmental Insightful Toxic Chemicals Including International Traffic Prevention that is illegal of harmful and toxic chemicals products.
The Rotterdam Convention is structured under the principle that trade policies and the environment should support each other with the intent to achieve sustainable development.
The Rotterdam Convention applies to chemicals that are banned or restricted and the formulation of pesticides is harmful.
The Rotterdam Convention does not apply to:
a. narcotics and psychotropic;
B. material that is radioactive;
C. waste;
D. chemical weapons;
e. drugs;
f. chemicals as an extra food;
G. food;
h. chemicals in a number that are most likely not to affect human health as well as the living environment if the material is imported:
(i) for the purpose of research or analysis; or
(ii) by the individual to use itself in the amount worthy of such use.
Nevertheless, in accordance with the provisions of Article 15 paragraph (4) of this Convention, the Government of Indonesia may establish a more rigorous setting of the on-set by the Convention in order to better protect human health and the environment, with the terms of such action is consistent with the provisions of this Convention and in accordance with international law.
Some of the laws associated with this Convention, among others:
a. Law No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);
B. Act Number 12 of 1992 on Plant Mental Systems (sheet Of State Of The Republic Of Indonesia In 1992 Number 46, Additional Sheet Of Republic Of Indonesia Indonesia Number 3478);
C. Law Number 17 Year 2008 on Shipping (sheet State of the Republic of Indonesia 2008 No. 64, Additional Gazette of the Republic of Indonesia No. 4849);
D. Law No. 19 Year 2009 on Unrest Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention on Persistent Organic Pollutants) (state Gazette of the Republic of Indonesia in 2009 Number 89, Additional Sheet of State of Indonesia No. 5020);
e. Law No. 22 Year 2009 on Traffic and Road Transport (State Of The Republic Of Indonesia In 2009 Number 96, Additional Gazette Of The Republic Of Indonesia Number 5025);
f. Law No. 32 of 2009 on the Protection and Management of the Environment (Indonesian Republic of Indonesia Year 2009 Number 140, Additional Gazette of the Republic of Indonesia Number 5059);
G. Government Regulation No. 7 of 1973 on Supervision of Circular, Storage, and Pesticide Use (sheet State of the Republic of Indonesia in 1973 Number 12);
h. Government Regulation No. 6 of 1995 on the Protection of Plants (Sheet State Of Indonesia In 1995 Number 12, Additional Sheet Republic Of Indonesia Number 3586);
i. Government Regulation No. 8 Year 2001 on Plant Fertilizer Plants (sheet Of State Of The Republic Of Indonesia 2001 Number 14, Additional Gazette Republic Of Indonesia Number 4079);
J. Government Regulation No. 74 of 2001 on Hazardous Materials Management and Toxic Substances (sheet Of State Of The Republic Of Indonesia In 2001 Number 138, Additional Gazette Of The Republic Of Indonesia Number 4153).
