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Act No. 4 Of 2006

Original Language Title: Undang-Undang Nomor 4 Tahun 2006

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 23, 2006 (Explanation in Additional State Sheet of the Republic of Indonesia Number 4612)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 4 YEAR 2006
ABOUT
THE ATTESTATION OF THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE
(THE AGREEMENT REGARDING PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE)

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the national purpose of the State of the Republic of Indonesia as listed in the Opening of the Constitution of the Republic of Indonesia Year 1945 is to protect the entire nation of Indonesia and all of Indonesia's blood, and to advance General welfare, divorce the lives of the nation and participate in the world order of the world that is based on independence, eternal peace and social justice;
., b. that Indonesia is a country that is very rich in biodiversity that it needs to be conserved and used to carry out sustainable development in order to improve the welfare of the whole people;
., c. that the genetic resources of the plant continue to decline due to the lack of attention and the utilization of the genetic resources of the tnaman as well as the changing of traditional agricultural practices;
., d. bawha to support food security and sustainable agriculture needs the preservation and utilization of plant genetic resources;
., e. that to deal with environmental changes and the dynamics of consumer demand, the required reserves of the genetic resources of plants for plant breeding are required;
., f. that for the provision of plant genetic resources necessary for the preservation efforts and utilization of genetic resources both at the national level and globally;
., g. that farmers have developed the genetic resources of plants for centuries that are the source of seeds for sustainable agriculture, so that it requires recognition and appreciation;
., h. that to realize food security and building sustainable agriculture, need for international cooperation and global efforts;
., i. that for global awareness of the importance of plant genetic resources for food security and sustainable agriculture has prompted a deal to establish the International Treaty on Plant Genetic Resources for Food and Agriculture (Agreement on the Resources of Plant Genetic Resources for Food and Agriculture) on November 3, 2001, in the 31st Conference (thirty-one) FAO;
., j. that based on consideration as in letter a, letter b, letter c, letter d, letter f, letter g, letter h, and letter i, need to pass the International Treaty on Plant Genetic Resources for Food and Agriculture (Agreement on Source) Genetic Power of Plants for Food and Agriculture) with Undang-Undang;

.,, Given: 1. Section 5 of the paragraph (1), Article 11 paragraph (1) and paragraph (2), Section 20, Section 33 of the paragraph (3) and paragraph (4) of the Basic Law of the Republic of Indonesia in 1945;
., 2. Law Number 24 Of 2000 On International Treaties (sheet Of State Of The Republic Of Indonesia 2000 Number 185, Additional Gazette Of The Republic Of Indonesia Number 4012);

With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

.,, SET: LEGISLATION ON THE ATTESTATION OF THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE (AGREEMENT ON THE GENETIC RESOURCES OF PLANTS FOR FOOD AND AGRICULTURE).

Section 1
Ratify the International Treaty on Plant Genetic Resources for Food and Agriculture (Agreement on the Resources of Plant Genetic Resources for Food and Agriculture), a copy of the original manuscript in English and translation in Indonesian. As attached is an inseparable part of this Act.

Section 2
This Act goes into effect on the promulgable date.

In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on March 20, 2006
PRESIDENT OF THE REPUBLIC OF INDONESIA

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
On March 20, 2006
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

HAMID AWALUDIN



ADDITIONAL
STATE SHEET RI

No. 4612 (Explanation Of 2006 State Sheet Number 23)

EXPLANATION
Above
LAWS OF THE REPUBLIC OF INDONESIA NUMBER 4 IN 2006
ABOUT
THE ATTESTATION OF THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE
(THE AGREEMENT REGARDING PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE)

1. UMUM

.,, Adanya growth of a fairly high population, and a fairly high utilization of land and water resource utilization, as well as degradation of natural resources and the environment will threaten the utilization of food resistance that can result in food crises. Realizing that, the government announced the revitalization of agriculture. One of the targets of agricultural revitalization was the achievement of sustainable food resistance and the improvement of farmers ' welfare. This can be achieved when it can be maintained and at the level of national ability to produce food. These capabilities can be built among others by cultivating a diversity of genetic resources to assemble superior varieties that can respond to the dynamics of demand and environmental change.
.,, Indonesia ' s biodiversity as a natural resource that is the grace and gift of the Almighty God is guarded, conserved, and utilised sustainably. This obligation is made to the purpose of biodiversity to remain the source and support of the lives of the people of Indonesia and other living beings, both in the present and in the future.
.,, biodiversity is composed of a diversity of ecosystem levels, type level, and genetic level, which includes living beings and the interaction between living beings and the interaction of living and environmental beings.
.,, Biodiversity on the agricultural system has experienced a noticeable slump. This is characterized by the growing number of plant crops that threaten to be used in food resistance. If the condition is allowed to continue, the national ability to increase food production by assemblies of superior varieties will decrease. This may result in a future food crisis.
.,, the Society requires genetic diversity in agriculture to deal with environmental changes, including shifting dynamics of pest populations and disease, weeds, climate change, and changes in society ' s tastes.
.,, Availability of Diversity of genetic resources is constantly needed, as plant varieties are always on the interaction conditions with environmental factors, the economy, and the agricultural industry. When one of the environmental or economic factors changes, the cultivated plant in the land must be adjusted to the change. For that it requires a reserve of genetic resources to assemble new varieties of plants. The reserve of these genetic resources is obtained from the preservation of the genetic diversity of plants.
., at the world level of various species of either cultivated or directly utilized from nature, only a small number of which are agricultural commodities, even to meet the food needs of only four species. Being a mainstay, that's rice, wheat, potatoes, and corn. In Indonesia, the source of poko food is limited to rice, corn, sweet potatoes, sweet potatoes, and sago. While most of the biodiversity of Indonesia remains untapped in Indonesia, the food resources are still not utilized. Therefore, the preservation efforts and utilization of the genetic resources of food crops and agriculture are of great importance, including accessing the genetic resources of plants in this Appendix 1.
.,, the human needs of food is constantly increasing in its quantity and its maces, so the availability of the genetic resources of crops for food and agriculture becomes very important. This interest has encouraged farmers and plant bleaching to assemble new varieties of plants with better quality and with higher real value. On the one hand, farmers develop varieties traditionally with a relatively longer term of use, so that the developed varieties are always preserved and treated as hereditary as "hereditary" (land races). On the other hand, crop bleaching is always trying to assemble new varieties that are more productive, in a relatively short period of time using modern technology.
.,, in the breeding efforts of plants, it is not uncommon the modern variety of breeding results will shift the old varieties. The development of these new varieties of varieties is continuous, so the old modern vaietas will be the old varieties that are going to be knocked out by more modern varieties, with the increasing shrinking of genetic resources. That is necessary for the development efforts of farmers and the bleaching in the assembly of the crop superior varieties.
.,, Indonesia requires a variety of genetic resources both from within the country, nor is it not available in the country for plant bleaching in meeting the basic needs of the people and future reservists. In connection with such a need, Indonesia needs to undertake global cooperation to access the genetic resources. In addition to those supporting legislation, it needs to be prepared both at the center and in the area.
.,, the development of plant genetic resources is carried out through conservation activities, exploration, collection, characteristic, evaluation, documentation, and utilization. Plant Genetic Resources Agreement for Agriculture Dang Food helps developing countries lack control of the genetic resources required in his country to be able to access the commodities available in the country ' s collection or any other international institution. Indonesia therefore needs to pass this agreement and then follow up with the establishment of necessary institutional devices.

1.1. Background and Purpose
., since the Second World War ended, the world ' s food demand has been increasing. To answer the challenge, the United Nations (UN) invited the Food and Agriculture Organization (FAO) in 1945 to become one of the special bodies of the United Nations. FAO is seeding the agriculture, forestry, fishing and rural development of the countryside. In 1948, Indonesia was officially a member of the FAO and had benefited from the membership for agricultural development as well as to achieve food security.
., as a result of population growth, efforts are needed to create the production of goods and services in order to meet food and agricultural products. However, the global increase in food production and agriculture was unable to pursue the growth rate of the population, resulting in food insecurity in many regions of the world.
.,, as efforts, especially research and agricultural development are directed to address food shortages, to be able to meet the growing needs of the world's population. The FAO has developed the world's strategy and food and agriculture policy. In 1971, the Consultative Group on International Agriculture Research (CGIAR) was established by a group of state associations, international and regional organizations, as well as private foundations, and the private foundation of the Consultative Group on International Agriculture Research (CGIAR). to support the system of research centers and the preservation of genetic resource diversity by forming the International Agriculture Research Centers (IARCs).
.,, intensification of agriculture with the development of irrigation and the use of large-scale agricultural production and infrastructure known as the Green Revolution, has been able to increase productivity in real, however, carelessness in the The operational level of the Green Revolution poses a variety of negative effects, environmental, agricultural biodiversity, and social economic society.
., as the completeness of the Green Revolution, in the 1970s, the Integrated Rural Development (IRD) program implemented a complete input of seeds, chemicals, irrigation, mechanization, and the development of the Green Revolution in the 1970s. Credit, and counseling. But in this development program, genetic resources and biodiversity have not become an important node. This is the result of a new variety of varieties by the new variety. This occurs constantly, so the genetic resource diversity shrinks and is at risk of its delictiveness. It has generally been identified that the cause of the loss of genetic diversity is the widespread use of modern agriculture. The introduction of new varieties has shifted the existence of local varieties and hereditary breeds. The growing concern of the lost genetic resources also prompted various states to develop a research center that collects certain genetic resources. The collection developed at the center of the research holds a considerable acsession. The development of genetic resources to produce new varieties that are superior and the threat of extinction of various varieties and its lial relatives tend to encourage the unilaterally mastery of genetic resources and even monopolies.
.,, each country has another country pacta dependency to meet the needs of genetic resources. Therefore, the monopoly of ownership of the genetic resources of plants for food and agriculture has led to an international dispute. To cope with that access to genetic resources needs to be multilateral regulated.
.,, the erosion symptoms of genetic diversity are realized by the CGIAR, so the June 1974 pacta of 1974 CGIAR formed the International Council for Plant Genetic Resources (IBPGR). The International Undertaking on Plant Genetic Resources for Food and Agriculture (The International Undertaking on Plant Genetic Resources for Food and Agriculture-IUPGRFA). This international effort applies free open access, which poses a controversy between the possession and the utilization of genetic resources. In the development of recognition of the state's sovereignty over its genetic resources. The resolution has paved the way for the development of the IUPGRFA.
., with the United Nations Convention on Biological Diversity-CBD in 1992, the consummation of the IUPGRFA accelerated. Through the Conference of the party-COP CBD in 1995 and its reinforcement in 1996, FAO began to align IUPGRFA with the CBD. After a meeting of 12 (twelve) times, in 2001 the FAO through Resolution 3/2001 established The International Treaty on Plant Genetic Resources for Food and Agriculture-ITPGRFA.

., 1. 2 Indonesian Benefits Pass An Agreement On The Genetic Resources Of Plants. By passing the Agreement, Indonesia will benefit in:
.,
., a., a. Raising awareness of the importance of plant genetic resources in the construction of national agriculture through workshops, seminars, expocations, and socialization using APBN funds and assistance from SML;
., b. Enhance national capabilities in the management of plant genetic resources through the capacity development assistance of this Agreement support system;
., c. Prevent the search and collection of illegal genetic resources of the plant as well as its development by other states/parties;
., d. Development of regional and international cooperation in the management of plant genetic resources for food and agriculture by exchange for exchange of information, materials, expertise and cooperation in research, training, and education;
., e. Ensuring access and fair share of benefits, from the utilization of plant genetic resources to food and agriculture;
., f. Benefits from the establishment of a Multilateral System advantage the exchange of genetic resources included in Annex I;
., g. Gain access to genetic resources (Appendix I), which are stored in the State of the Agreement, as well as from international agricultural research centers;
., h. Benefits from: a) related international programs, e.g. Global Plan of Action; b) ex situ collections stored on international agricultural research centers (International Agriculture Reasearch Centers); c) information systems global; and
., i. Improving the institutional capacity and human resources in the area of preservation and sustainable utilization of agricultural genetic resources both at the center and in the area;

1.3 Subject Matter of the Agreement for Food and Agriculture.
.,, the Agreement for Food and Agriculture consists of 35 Articles and 2 Attachments which are composed as follows:
., a., a. The Body Bar containing the opening and 35 chapters is:
.,, Section 1-Purpose
Section 2-Use of the Term
Section 3-Scope of Scope
Section 4-General Liability
., Section 5-Conservation, Exploration, Collection, Characteristic, Evaluation and documentation of plant genetic resources for food and agriculture.
Section 6-The continued benefit of Plant Genetics Resources
Article 7-National Commitment and International Cooperation
Section 8-Technical Support
Article 9-Farmer ' s Rights
Section 10-The Access Multilateral System and the Value Redistribution
Section 11-Multilateral System Coverage
.,, Article 12-Access facilitated against the genetic resources of plants for food and agriculture in the Multilateral System
Section 13-The Accuracy Division of the Multilateral System
Section 14-Global Tindak Design
., Article 15-The Ex-Collection of Ex situ Genetic Resources for Food da Agriculture, which is controlled by the International Agricultural Research Council of the International Agricultural Research Consultative Group and other Institutional Institutionations.
Article 16-The International Working Network of Plant Genetics Resources
Article 17-The Global Information System concerning the Plant Genetic Resources for Food and Agriculture
Section 18-The Financial Resources
Article 19-The Governing Body
Article 20-Secretary
Section 21-Obedience
Section 22-Dispute Settlement
Article 23-Amendment of the Agreement
Section 24-Attachments
Section 25-Signing
Section 26-The Acceptance, Acceptance or Approval
Section 27-Accession
Article 28-The Agreement of the Agreement
Article 29-FAO Member Organization
Section 30-Mind
Section 31-Not Parties
Section 32-The Self-Resignation
Section 33-Termination
Section 34-The Depositary
Section 35-Original text
B. Attachment:
.,, Attachment I: LIST OF AGRICULTURAL PLANTS IN THE MULTILATERAL SYSTEM
Appendix II: Part I of Arbitration
.,, the Conciliation section

.,, 1.4 Acts directly Related to the Plant Genetic Resources Agreement for Food and Agriculture
.,, the Genetic Resources Agreement for Food and Agriculture in line with other related national laws:
.,
., a., a. Law No. 6 of 1967 on the provisions of the Staple Farm and Animal Health (State Sheet of Indonesia in 1967, Additional Gazette of the Republic of Indonesia Number 2824);
., b. Law No. 5 Year 1990 on the Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Republic Of Indonesia Number 3419);
., c. 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);
., d. Law No. 16 of 1992 on Quarantine Animals, Fish and Plants (State Sheet of Indonesia 1992 Number 56, Additional Gazette Republic of Indonesia Number 3482);
., e. Act No. 5 of 1994 on Unrest of the United Nations Convention on Biological Diversity (United Nations Convention on Biodiversity) (State Gazette of the Republic of Indonesia in 1994 No. 41, Additional Gazette of the State of Indonesia) Republic of Indonesia No. 3556);
., f. Law No. 7 of 1994 on the Enactment Of The Agreement Establishing The Wolrd Trade Organization (the Approval Of The Establishment Of The World Trade Organization) (the State Of The Republic Of Indonesia In 1994, Number 57, Additional Gazette Of The Republic Of Indonesia) Indonesia No. 3564);
., g. Law No. 7 of 1996 on Food (State Sheet of the Republic of Indonesia in 1996 No. 99, Additional Gazette of the Republic of Indonesia Number 3656);
., h. Law No. 23 of 1997 on the Environmental Management of the Living Environment (State Sheet of the Republic of Indonesia in 1997 Number 68, Additional Gazette of the Republic of Indonesia Number 3699);
., i. Law No. 29 Year 2000 on Varieties Plants (sheet Of State Of The Republic Of Indonesia In 2000 Number 241, Additional Gazette Of The Republic Of Indonesia Number 4043);
., j. Law No. 18 of 2002 on National System of Research, Development, and Application of Science and Technology (State Sheet of Indonesia Year 2002 Number 84, Additional Gazette of the Republic of Indonesia No. 4219);
., k. Law No. 18 Year 2004 on Plantations (Sheet State Of The Republic Of Indonesia 2004 Number 85, Addition Of State Sheet Indonesia Number 4411);
., l. Law No. 21 of 2004 on Ratification Of The Cartagena Protocol (sheet Of State Of The Republic Of Indonesia 2004 Number 88, Additional Gazette Of The Republic Of Indonesia Number 4414);

l.5 Liability and Implications Of Passing Agreement For Indonesia
.,
., with being the Party of this Agreement will be implicating on a number of obligations for Indonesia. The key obligations of the membership of this Agreement are related to the implementation of the Plant Genetic Resources system that forms the access system and the sharing of benefits between the parties with minimum reciprocal rights. This is the right to obtain exclusive treatment in the development of the genetic resources of plants acquired from the Multilateral System through the application of protection of intellectual property and other efforts. can reduce the access of other countries over such genetic resources.
.,, Indonesia ' s principal obligation as a party of the Agreement among them is: The implementation of the Plant Genetic Resources Multilateral System
.,, * Indonesia is required to provide access to the genetic resources of the plant relevant to the other party, or to the individual or legal entity within the jurisdiction of the country, as well as to the international agricultural research centers that has made an agreement with the Board of the Agreement. Indonesi jug must encourage public research bodies, or individuals or legal entities located within the jurisdiction of Indonesia, which have the genetic resources of the plants listed in the Annex I Agreement to include the source Genetic power of plants into the Multilateral System.
.,,
Profit sharing of the utilization of plant genetic resources
., * Article 13 AGREEMENT establishes a framework for the fair share of benefits from the utilization of genetic resources accessed from the Multilateral System, including commercial use. The framework will be staunchled and regulated by the Board of Directors.
.,, * In accordance with national laws, Indonesia is required to provide information related to the preservation and utilization of the genetic resources of non-secret plants and those related to the interests of the country of the Republic of Indonesia to Siste support. Included in that information, which is mandatory for this is information related to the technology for conservation, characteristic, evaluation and utilization of the genetic resources of the plants listed in the Multilateral System. However, Indonesia may also acquire: a) transfer of technology from other party countries or from international agricultural research centers; b) capacity building assistance (building), especially in development and development. training, education, and facilitation relevant to the plant genetic resources efforts as well as to carry out research in the exploration, characteristic and evaluation of plant genetic resources.
.,, * Indonesia is required to apply the protection of intellectual property rights attached to the genetic resources of plants, information and/or technologies received from the Multilateral System or from the capacity of capacity building and from transfer of technology and exchange exchange for the management information (preservation and utilization) of plant genetic resources.

Continuous utilization of plant genetic resources
.,, Indonesia is obliged to carry out policy and legal efforts to encourage the sustainable utilization of plant genetic resources to achieve sustainable food and agricultural resilience at national, regional and global levels.

Funding strategy
.,, Section 18 of the Agreement applies the development framework and implementation of the funding strategy by the Governing Body. The framework is intended to include the financial benefits of the use of the genetic resources of plants in the access of the Multilateral System, the provisions of resources through bilateral, regional and multilateral channels. as well as volunteer contributions by the Parties, non-governmental and private sector oraganization. The provisions of the provisions of the funding by the Parties of the Agreement shall be established by the Board of Directors.

Implementation/implementation of the Agreement
.,, * For Indonesia for the implementation of this Agreement does not require changes in the existing national laws as referred to in the 1.4.
.,, * Some changes to the genetic resource ownership procedure both by public and private institutions or private enterprise entities, primarily related to material Transfer Agreement and rights protection. Intellectual property in the genetic resources of the plant must be made to conform to the provisions of the Agreement.

Charges as a Party of the Agreement
.,, the fees required to support the activities of the Secretariat of the Agreement after Indonesia officially become the Party sourced from APBN and other authorized admission sources of grants under the laws of the preservation effort and continuous utilization of plant genetic resources primarily in relation to training, education, research and breeding of genetic resources of plants originating from Indonesia, or Indonesia into one of the centers That's the weirdness.

II. SECTION BY SECTION

Section 1
., in the event of a different interpretation of the translation in the Indonesian language, then the prevailing text is the original manuscript of the Treaty in English.

Section 2
.,, Pretty Clear.

Attachment ... (Agreement Text)