Act No. 4 Of 2006

Original Language Title: Undang-Undang Nomor 4 Tahun 2006

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e43cbc7a09173313231323535.html

Ldj: ACT No. 4 of 2006 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 23, 2006 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4612) legislation of the REPUBLIC of INDONESIA number 4 of 2006 ABOUT the ENDORSEMENT of the INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE (Treaty on PLANT GENETIC RESOURCES for FOOD and AGRICULTURE) and the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the national goal of the Republic of Indonesia, as noted in the preamble to the Constitution of the Republic of Indonesia in 1945 is protecting all of the nation of Indonesia and the entire spill the blood of Indonesia, and to advance the general welfare, mencerdasrkan life of the nation and the world order melakasanakan on the basis of independence, peace and social justice;
.,, b. that Indonesia is a country very rich in biodiversity so that needs to be dulestarikan and utilized to implement sustainable development in order to improve the welfare of all the people;
.,, c. that plant genetic resources are constantly experiencing downturns due to lack of care and utilization of genetic resources in tnaman as well as changing traditional farming practices;
., bawha, d. to support food security and sustainable agriculture need preservation and utilization of plant genetic resources;
.,, e. that to deal with environmental changes and dynamics of consumer demand, the required backup plant genetic resources to plant breeding;
., f., that for the provision of plant genetic resources conservation and utilization efforts need to genetic resources both at the national and global levels;
., g., that farmers have developed plant genetic resources over the centuries who became a source of seed for sustainable agriculture, so that the required recognition and rewards;
., h., that to achieve food security and sustainable agriculture, it is necessary to build international cooperation and global efforts;
.,, i. that for global awareness of the importance of plant genetic resources for food security and sustainable agriculture has led to an agreement to establish the International Treaty on Plant Genetic Resources for Food and Agriculture (Treaty on plant genetic resources for food and Agriculture) on 3 November 2001, in Conference 31 (thirty-one) the FAO;
., j., that based on considerations as referred to in letter a, letter b, letter c, letter d, letter f, letter g, letter h, and the letters i, need to ratify the International Treaty on Plant Genetic Resources for Food and Agriculture (Treaty on plant genetic resources for food and Agriculture) by law;
.,, Considering: 1. Article 5 paragraph (1), article 11 paragraph (1) and paragraph (2), article 20, article 33 paragraph (3) and paragraph (4) of the Constitution of the Republic of Indonesia in 1945;
., ,2. Law Number 24 year 2000 Concerning international treaty (State Gazette of the Republic of Indonesia year 2000 Number 185, an additional Sheet of the Republic of Indonesia Number 4012);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, set: the law on the RATIFICATION of the INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE (Treaty on PLANT GENETIC RESOURCES for FOOD and AGRICULTURE).
Article 1 affirms the International Treaty on Plant Genetic Resources for Food and Agriculture (Treaty on plant genetic resources for food and Agriculture), copies of the original texts in the language of the translation is in English United Kingdom and Indonesia as attached is part of which is inseparable from the Act.

Article 2 this law comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on March 20, 2006 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on March 20, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, HAMID AWALUDIN RI STATE GAZETTE SUPPLEMENTARY No. 4612 (explanation of the 2006 State Gazette Number 23) EXPLANATION for the law of the Republic of INDONESIA number 4 of 2006 ABOUT the ENDORSEMENT of the INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE (Treaty on PLANT GENETIC RESOURCES for FOOD and AGRICULTURE) 1. Common.,, there is a fairly high population growth, competition and the utilization of land and water resources are quite high, and the degradation of natural resources and environment will threaten the utilization of food security that can lead to food crises. Aware of it, the Government-backed revitalization of agriculture. One of the targets of the agricultural revitalization is the achievement of sustainable food security and improving the welfare of farmers. This can be achieved if it can be maintained and in tingkatkannya national capabilities in producing food. This capability can be built among others with memafaatkan the diversity of genetic resources to assemble a superior varieties that can respond to the request and changes the dynamics of the environment.
., Biodiversity, Indonesia as a natural resource which is the mercy and grace of God Esawajib is maintained, preserved, and utilized in a sustainable way. The obligations undertaken with the intent of enabling biodiversity remains a source of supporting people's lives and Indonesia as well as other living beings, either in the present or in the future.
., Biodiversity, comprising a diversity of ecosystem level, type, and level of the genetic level, which includes living beings and their interactions between living beings as well as the interactions of living beings and the environment.
.,, Biodiversity on the farm system has undergone a real downturn. It is characterized by a growing shortage of plant type of staple food needs providers who threaten the attainment of food security. If this condition is allowed to continue, then the national capabilities to increase food production through the Assembly of superior varieties will decrease. This can lead to the onset of the food crisis in the future.
.,, Society needs genetic diversity in agriculture to deal with environmental changes, including a shift in the population dynamics of pests and diseases, weeds, climate change, and changing tastes of the public.
.,, The availability of genetic resources Diversity continuously needed, because plant varieties is always on the conditions of interaction with environmental factors, economic, and industrial agriculture. When one of the environmental factors or economic change, plants that are cultivated on the land should be adapted to those changes. It is necessary to reserve genetic resources in order to assemble the new plant varieties. Backup of genetic resources was obtained from the conservation of plant genetic diversity.
.,, At world level a variety of species both already cultivated and utilized directly from nature, only a small number are becoming agricultural commodities, even to meet the food needs of the four types of pokokhanya are a mainstay, namely rice, wheat, potatoes and corn. In Indonesia, food source object is limited to rice, corn, manioc, sweet potato and sago. Meanwhile, most of the food sources of biological diversity that exists in Indonesia still untapped are optimum. Therefore, conservation and utilization of plant genetic resources in food and agriculture is becoming very important, including accessing genetic resources of crops in annex 1 to this agreement.
.,, Human needs food will constantly increase in number and vary, so the availability of plant genetic resources for food and agriculture is becoming very important. This interest has prompted farmer and breeder to assemble a new plant varieties-varieties with better quality and with a higher real value. On the one hand, farmers developed the varieties traditionally with a period of use of the relatively longer, so varieties that are developed are always preserved and cared for become hereditary "succession race" (land races). On the other hand, food crop breeder always tries to assemble the new varieties-varieties more productive, in a relatively shorter by using modern technology.
., Plant breeding, in an effort, it is not uncommon to modern varieties breeding results would shift the old varieties. The development of new varieties-varieties making takes place continuously, so that modern long vaietas will be the old varieties that will be tergeser by the more modern varieties, with a result of decrease in diversity was further genetikm resources for that effort required the development of the ability of a farmer and breeder of superior plant varieties in the Assembly.
.,, Indonesia require different genetic resources both from within the country, and that is not available in the country for a breeder in meeting the basic needs of the people and the backup in the future. With respect to those needs, Indonesia need to do global cooperation for access to genetic resources. In addition the device supporting legislation, need to be prepared well in the Centre and in the regions.

.,, Development of plant genetic resources is done through the activities of conservation, exploration, collection, documentation, evaluation, characteristics, and utilization. Treaty of plant genetic resources for Food dang Agriculture help developing countries that have less control over the genetic resources is necessary in his country to be able to access the commodities available in the collection of other countries or international institutions. Therefore, Indonesia needs to ratify this agreement and then followed up with the establishment of the necessary institutional devices.

1.1. Background and purpose., since the second world war ended, increasing world food needs. To answer these challenges, the United Nations (UN) food and Agriculture Organization invited the world (Food and Agriculture Organization FAO –) in 1945 to become one of the specialized agencies of the UNITED NATIONS. FAO: agriculture, construction, fishing and kuhutanan rural communities. In 1948, Indonesia officially became a member of FAO and has benefited from the membership to agricultural development and also to realize food security.
.,, In line with population growth, the necessary efforts to improve production of goods and services to meet the needs of food and agricultural products. However the rate of increase in agricultural and food production globally was not able to pursue the rate of population growth, so that food insecurity appeared in various regions of the world.
.,, Berbagaiupaya, particularly in agricultural research and development geared to cope with food shortages, to be able to meet the needs of the world's population increases. In this regard FAO has developed a strategy and policy of the world food and agriculture. In 1971 established Consultative Group for International Agricultural Research (Consultative Group on International Agriculture Research – CGIAR), by a group of associations of countries, international and regional organizations, as well as private foundations, to support system Research Center and the preservation of the diversity of genetic resources by establishing agricultural research centers International (International Agriculture Research Centers-IARCs).
Agricultural Intensification, with the development of irrigation and the use of agricultural production and infrastructure in a major way, known as the green revolution has been able to increase productivity significantly, however, the faux pas at the operational level this Green Revolution gives rise to a range of negative effects, both the pacta agricultural biodiversity, environmental as well as socio-economic communities.
.,, As the completeness of the green revolution, in the 1970s diluncutkan Integrated rural development programme (Integrated Rural Development – IRD) by applying the full input in the form of seed, chemicals, mechanization, irrigation, credit, and accompanied by counseling. However in this development program, genetic resources and biodiversity does not become important nodes. A result is the occurrence of old varieties by shifting the new varieties. This happens continuously, so that the diversity of genetic resources are shrinking and threatened kelestariaannya. In general it has been identified that the cause of the loss of genetic diversity is widespread in modern agriculture. The introduction of new varieties has been shifting the existence of local varieties and breeds the next generation. Concerns over the increasing number of the missing genetic resources also encourages countries to develop a Research Center for collecting certain genetic resources. Collections developed in the Research Center store aksessi. The development of genetic resources to produce new varieties that are more superior and the threat of extinction of various varieties and wild relatives tend to encourage the occurrence of mastery of genetic resources unilaterally and even monopoly.
.,, Every country has a dependency on other countries for pacta meets the needs of genetic resources. Therefore the monopoly ownership of plant genetic resources for food and agriculture triggered an international dispute. To overcome that access to genetic resources needs to be arranged in the multilateral.
.,, Against the erosion of genetic diversity Symptoms realized by CGIAR, so pacta June 1974 the CGIAR formed an international Board for plant genetic resources (International Board on Plant Genetic Resources-IBPGR). Pacta 1983, FAO through Resolution 8/83 issued international efforts regarding the Plant Resources for food and Agriculture (The International Undertaking on Plant Genetic Resources for Food and Agriculture-IUPGRFA). This international effort implementing open access, which caused controversy between possession and utilization of genetic resources. In the developments regarding the recognition of the sovereignty of countries over their genetic resources. This resolution has paved the way for developing a refinement toward IUPGRFA.
.,, With the promulgation of the United Nations Convention on biological diversity (United Nations Convention on Biological Diversity CBD –) in 1992, the consummation against IUPGRFA accelerated. Through the Conference of the parties (Conference of the party-COP) of the CBD in 1995 and penguatannya in 1996, FAO began aligning IUPGRFA with the CBD. After a meeting of as many as 12 (twelve) times, in 2001, the FAO through Resolution 3/2001 establishes The International Treaty on Plant Genetic Resources for Food and Agriculture – ITPGRFA.
., ,1. 2 benefits of Indonesia ratified the Treaty On plant genetic resources. By legalizing the agreement, Indonesia will benefit in:.,,.,, a. raise awareness about the importance of plant genetic resources in the national agricultural development through workshops, seminars, it, and the socialization using STATE BUDGET funds or assistance from S M L;
.,, b. Improving national capabilities in the management of plant genetic resources through capacity building assistance from the support system of this agreement;
.,, c. Prevent search danpengumpulan illegally plant genetic resources as well as its development by country/other parties;
.,, d. development of regional and international cooperation in the management of plant genetic resources for food and agriculture through exchange of information, materials, expertise and cooperation research, training, and education;
.,, e. Guarantee of access and equitable benefit sharing of, from the utilization of plant genetic resources for food and agriculture;
., f., benefited from the establishment of a Multilateral System for the exchange of genetic resources that are included in Appendix I;
.,, g. Get access to genetic resources (Annex I), which is stored in a country party to the agreement, as well as from the center of the international agricultural research centres;
.,, h. maximum benefit from: a) international program related, for example, the Global Plan of Action; b) ex situ collections stored at the Centre of international agricultural research centers (International Agriculture Reasearch Centers); c) global information system; and, i.., increase the capacity for institutional and human resources in the field of conservation and sustainable use of agricultural genetic resources both in the Centre and in the regions;

1.3 the subject matter of the Agreement For food and agriculture.
.,, Agreement for food and Agriculture consists of 35 Chapters and two Annexes composed as follows:.,, a. Torso containing the preamble and article 35:.,, article 1-article 2-purpose of the use of the term article 3-scope of article 4-General Obligations.,, article 5-conservation, Exploration, collection, characteristics, evaluation and documentation of plant genetic resources for food and agriculture. Article 6 – sustainable use of plant genetic resources article 7 – National Commitments and international cooperation article 8 – technical assistance article 9 – farmers ' Rights article 10 – Multilateral System of access and Benefit sharing of article 11-scope of Multilateral System.,, article 12-difasilitasu against access to plant genetic resources for food and agriculture in the Multilateral System chapter 13-Division Keuntunan in the Multilateral System Article 14 – Global Follow-up Design. ,, Article 15-Ex situ collections of plant genetic resources for Food da Farm controlled by the Agricultural Research centres of the Consultative Group of international agricultural research and other International Institutions. Article 16 – International network of plant genetic resources article 17-a Global Information System on plant genetic resources for food and agriculture Article 18 – financial resources article 19 Regulatory agencies article 20 Article 21-Secretary-Obedience section 22-dispute settlement Article 23 – amendments to the Treaty Article 24 – Annexes annexes-Article 25-the signing of the Article 26-Pengsahan, acceptance or approval article 27 – Accession Article 28 entry into force the Treaty matters Article 29 – member organizations FAO article 30-Objection article 31 Article 32 Party-not- The resignation of article 33 – Termination Article 34 Article 35-Depositari-original script b. Appendix:.,, annex i: LIST of CROP AGRICULTURE in the MULTILATERAL SYSTEM: part I annex II Arbitration, Conciliation, part.,, 1.4 legislation that directly related to the Treaty of plant genetic resources for food and agriculture, agreement genetic resources for food and agriculture in line with national legislation that are related among others :.,,.,, a. Act No. 6 of 1967 of the staple provisions of animal husbandry and animal health (State Gazette of the Republic of Indonesia in 1967, an additional Sheet of the Republic of Indonesia Number 320);

.,, b. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419);
.,, c. Act No. 12 of 1992 about Budi power plant System (Sheet Republic of Indonesia Number 46 in 1992, an additional Sheet of the Republic of Indonesia Number 3478);
.,, d. Act No. 16 of 1992 Number of Quarantine of animals, fish and plants (State Gazette of the Republic of Indonesia Number 56 of 1992, an additional Sheet of the Republic of Indonesia Number 1111);
.,, e. Act No. 5 of 1994 concerning Ratification of the United Nations Convention on Biological Diversity (United Nations Convention on biological diversity) (State Gazette of the Republic of Indonesia Number 41 in 1994, an additional Sheet of the Republic of Indonesia Number 3556);
., f., Act No. 7 of 1994 about an endorsement Agreement Establishing The Wolrd 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);
.,, g. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic of Indonesia Number 3656);
.,, h. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674);
.,, i. Act No. 29 of 2000 on Plant Varieties (the State Gazette of the Republic of Indonesia Number 241 of the year 2000, an additional Sheet of the Republic of Indonesia Number 4043);
.,, j. Act No. 18 of 2002 concerning the national system of research, development, and application of science and technology (State Gazette of the Republic of Indonesia Number 84 in 2002, an additional Sheet of the Republic of Indonesia Number 4219);
.,, k. Act No. 18 of 2004 about Plantations (Gazette Republic of Indonesia Number 85 in 2004, an additional Sheet of the Republic of Indonesia Number 4411);
.,, l. Act No. 9 of 2004 about the passage of the Cartagena Protocol (State Gazette of the Republic of Indonesia Number 88 in 2004, an additional Sheet of the Republic of Indonesia Number 4414);

b. 5 Obligations and implications For Treaty Ratification Indonesia.,,.,, with a party of this agreement implies a number of obligations for Indonesia. The key obligations of membership this agreement related to the implementation of the Multilateral System for plant genetic resources that make up the system access and profit sharing between Parties with roughly the minimum. Is this the reciprocal rights is the right to obtain treatment exclusively in the development of plant genetic resources obtained from the Multilateral System through the application of perlindunngan of intellectual property as well as other efforts that could reduce access to other countries over the genetic resources.
Principal Obligations, Indonesia as a State party to the Treaty which are: the implementation of a Multilateral System of plant genetic resources,, * Indonesia is obligated to provide access to the plant genetic resources that are relevant to the other party, or to individuals or legal entities within the jurisdiction of the State Party, as well as to the Centre of international agricultural research centers that have done agreement with Regulatory agreements. Jug Indonesia should encourage public research agencies, or individuals or legal entities that are within the jurisdiction of Indonesia, which has the genetic resources of plants listed in Annex I to the agreement to include genetic resources of its vegetation into the Multilateral System.
.,, profit sharing from the utilization of plant genetic resources,, * chapter 13 AGREEMENT sets out a framework for a fair profit sharing from the utilization of genetic resources accessed from Multilateral Systems, including commercial use. The framework will be ditetapkam and regulated by the Regulator.
.,, * In accordance with national legislation, Indonesia is obliged to provide information related to conservation and utilization of plant genetic resources that are not confidential in nature and are related to the interests of RI to siste information agreement. Included in that information, that must be given this is the information-related technologies for the conservation, evaluation and utilization characteristics, plant genetic resources that are listed in the Multilateral System. But instead, Indonesia can also obtain: a) technology transfer from other States parties or from the center of the international agricultural research centres; b) development assistance capacities (capacity-building), especially in the field of the development and strengthening of training, education, and facilitation of relevant efforts on plant genetic resources as well as to carry out research in exploration, the characteristics and evaluation of plant genetic resources.
.,, * Indonesia is obliged to apply the protection intellectual property rights inherent in plant genetic resources, information and/or technology received from the Multilateral System of cooperation or capacity building and the transfer of technology and exchange of information management (conservation and utilization) of plant genetic resources.

Sustainable use of plant genetic resources, Indonesia, mandatory carrying out policy and law attempts to encourage sustainable use of plant genetic resources in order to achieve food security and sustainable agriculture both at the national level, regional and global.

The funding strategy,, article 18 of the agreement apply the framework development and implementation of a strategy of funding by Agency Managers. The framework in question contains among others the setting about financial gains from the utilization of plant genetic resources are accessed from the Multilateral System, provisions on resources through bilateral channels and multilateral, regional and volunteer contributions by the parties, the non-governmental donations based organizations and the private sector. Setting the provisions concerning funding by the parties to the agreement will be set by the Regulator.

Implementation/execution of the agreement.,, * For Indonesia for the implementation of this agreement not required changes to existing national legislation referred to in Figure 1.4.
.,, * Some changes to the procedure of the ownership of genetic resources by either public institutions or private individuals or business entities, especially related to the agreement the transfer of materials (Material Transfer Agreement) and the protection of intellectual property rights on plant genetic resources must be made to comply with the provisions of the Covenant.

Costs as party of the agreement.,, the costs required to support the activities of the Secretariat of the Agreement after Indonesia formally became Parties sourced from STATE BUDGET and other sources of receipt of a valid form of grants appropriate legislation in the conservation and sustainable utilization of plant genetic resources, especially in relation to training, education, research and breeding of plant genetic resources that originated in Indonesia, Indonesia or become one with the Center.

II. For the SAKE of ARTICLE ARTICLE article 1., in case of divergence of interpretation, against Indonesia in English translation, the original text is a Treaty in force in the United Kingdom language.

Article 2, it is pretty clear the attachment ... (The Text Of The Agreement)