Government Regulation Number 102 Of 2000

Original Language Title: Peraturan Pemerintah Nomor 102 Tahun 2000

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STANDARDIZATION BODIES kc!. National Standardization. PP 102-2000 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 199, 2000 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4020) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 102 in 2000 ABOUT the STANDARDIZATION of the NATIONAL PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that in order to support the increase in productivity, effectiveness of production, quality of goods, services, processes, systems and personnel, or that are intended to improve competitiveness, consumer protection, trade, labor and communities particularly in the field of safety , security, health and the environment, then the effectiveness of the arrangements in the field of standardization needs to be further improved;
.,, b. that Indonesia has participated in the establishment of the World Trade Organization Agreement (World Trade Organization) which regulates the issue of standardization also continues with the obligation to adapt national legislation in the field of standardization;
.,, c. that based on considerations as referred to in letter a and letter b, viewed the need to replace the Government Regulation No. 15 of 1991 about the Indonesia national standard;
.,, Considering: 1. Article 5 paragraph (2) of the 1945 Constitution as amended by the second amendment of the Constitution of 1945;
., ,2. Act No. 10 of 1961 a replacement Government Regulations Act No. 1 1961 about goods into law (State Gazette 1961 RI Number 215, additional Sheets State number 2210);
., ,3. Act No. 2 of 1981 on Legal Metrology (State Gazette of RI 1981 number 11, additional State Gazette Number 3193);
., ,4. Act No. 5 of 1984 on Industry (State Gazette of RI 1984 number 22, additional Sheets State number 3274);
., ,5. Act No. 9 of 1985 concerning Fisheries (State Gazette REPUBLIC of INDONESIA Number 46 in 1985, additional Sheets State number 3299);
., ,6. Act No. 15 of 1985 regarding Ketenagalistrikan (State Gazette of RI 1985 Number 74, State Gazette Number 3317 Extra);
., ,7. Act No. 16 of 1992 about the Quarantine of animals, fish, and additional (State Gazette of RI in 1992 the number 56, additional State Gazette Number 1111);
., ,8. Act No. 23 of 1992 on health (State Gazette of RI in 1992, an additional 100 Sheet Number country number 3495);
., ,9. Act No. 7 of 1994 on the approval of the establishment of the World Trade Organization (State Gazette of RI 1994 Number 57, an additional Sheet country number 3564);
., .10. Act No. 7 of 1996 on Food (State Gazette of RI 1996 Number 99, additional State Gazette Number 3656);
.,, 11. Act No. 10 of 1997 of Ketenaganukliran (State Gazette of RI in 1997 the number 23, State Gazette Supplementary Number 3676);
., 12. Act No. 23 of 1997 on the environment (State Gazette REPUBLIC of INDONESIA Number 68 in 1997, an additional State Gazette Number 3674);
., 13. Act No. 8 of 1999 on the protection of Consumers (RI State Gazette Number 42 in 1999, an additional Sheet country number 3821);
.,, 14. Act No. 22 of 1999 on local governance (State Gazette of RI in 1981 the number 60, additional State Gazette Number 3839);
., 15. Act No. 36 of 1999 regarding telecommunications (State Gazette of RI 1999 Number 154, additional State Gazette Number 3881);
.,,16. Government Regulation No. 2 of 1989 on national standards for units of measurement (State Gazette of RI 1989 number 3, an additional State Gazette Number 3388);
., General Agreement. Government Regulation Number 69 in 1999 about labeling and advertising of food (State Gazette of RI in 1999, an additional 131 Sheet Number country number 3867);
., 18. Government Regulation number 25 in 2000 about the authority of the Government and the authorities of the Province as a Otonon Area (State Gazette of RI in 2000, an additional 51 Sheet Number country number 3950);
.,, 19. Government Regulation Number 52 in 2000 about the Organization of telecommunications (State Gazette of RI 2000 Number 107, additional State Gazette Number 3980);
Decide: define: GOVERNMENT REGULATION of NATIONAL STANDARDIZATION.

CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is:.,, 1. Standard is a technical specification or something that includes standardized procedures and methods which are organized based on the consensus of all the parties concerned having regard to the terms of the safety, security, health, the environment, development of science and technology, as well as experience, the development of the present and the future to benefit the most.
., ,2. Standardization is the process of formulating, establishing, implementing danmerevisistandar, which is implemented in an orderly and liaising with all parties.
., ,3. Indonesia national standard (SNI), is a standard set by Bsn and applies nationwide.
., ,4. The draft Indonesia national standard (RSNI), is a draft standard formulated by the Technical Committee after having achieved a consensus of all the parties concerned.
., ,5. Formulation of National standards of Indonesia is a series of activities since the collection and processing of data for drawing up the draft Indonesia national standard until the achievement of a consensus of all the parties concerned.
., ,6. The setting of national standards is a set of draft Indonesia national standards National Standards into Indonesia Indonesia.
., ,7. Indonesia National standard implementation is an activity using the standard National Indonesia by businessmen.
., ,8. Revision of the national standard of Indonesia is a refinement of the Indonesia national standard according to your needs.
., ,9. The enforcement of national standards is a decision the leadership Indonesia technical agencies authorized to enforce national standards compulsory in Indonesia against the goods and or services.
., .10. Accreditation is the formal recognition of the activities by the National Accreditation Committee (RIGHT), which States that an institution/laboratory has been eligible for certain certification activities.
.,, 11. Certification is a set of certificate issuance activities against goods and or services.
., 12. A certificate is a written guarantee given by an institution/laboratory that has been accredited to certify that goods, services, processes, systems or personnel meet the standards required.
., 13. The sign of the SNI is a sign of certification which affixed on goods or packaging labels that satisfy the requirements of the Standard has been declared National Indonesia.
.,, 14. The stuff is any good things tangible as well as intangible, whether moving or not moving, can be spent or are unable to spent, which can be traded, worn, used, or used by consumers.
., 15. A service is any service that shaped the work or achievement that is provided for the community to be used by consumers.
.,,16. National Standardization System (SSN) is a network order standardization activities and means of matching, aligned and integrated as well as the National Museum, which includes research and development of standardization, the formulation of standards, the setting standards, enforcing standards, application of standards, accreditation, certification, metrology, pembinaandanpengawasanstandardisasi, collaboration, informasidandokumentasi, correctional education and training and standardization.
., General Agreement. BSN (BSN) is the agency that helps the President in organizing the development and coaching in the field of standardization in accordance with the legislation in force.
., 18. Businessmen are any individual person or business entity, either in the form of a legal entity or not legal entities established and domiciled or conduct activities in the area of hukumnegaraRepublikIndonesia, baiksendirimaupunbersama-samamelaluiperjanjian conducts business activities in different areas of the economy.
.,, 19. The technical agency is the Office of Minister of State, Ministry or Government Department that Non one of its activities perform standardization.
.,, 06. The leadership of the technical agencies was the Secretary of State or Minister of the Department or the leadership of the Non Governmental Department in charge of standardization activities within the scope of those powers.
CHAPTER II SCOPE article 2 the NATIONAL STANDARDIZATION of the scope of national standardization includes all activities related to the engineering metroloi, standards, testing and quality.

CHAPTER III NATIONAL STANDARDIZATION OBJECTIVES Chapter 3 National Standardization aims to:.,, 1. improve the protection to consumers, businessmen, labor, and other community both for safety, security, health or environmental function preservation. 2. Help smooth trade.

3. Realizing healthy business competition in the trade.

CHAPTER IV INSTITUTIONAL Section 4.,, (1) organizing the development and coaching in the field of standardization is performed by Bsn.
.,, (2) the execution of the duties and functions of the Bsn in the field of accreditation is done by the National Accreditation Committee.
.,, (3) the National Accreditation Committee referred to in subsection (2) has the task of assigning accreditation and give consideration as well as advice to the Bsn in establishing a system of accreditation and certification.
.,, (4) the implementation of the duties and functions of the Bsn degree in national standards for units of measurement carried out by the Committee on national standards for units of measurement.

.,, (5) Committee of national standards for units of measurement referred to in paragraph (4) has the task of providing the considerations and suggestions to Bsn regarding national standards for units of measurement.
.,, (6), Bsn, National Accreditation Committee and the Committee of national standards for units of measurement referred to in subsection (1), subsection (2) and paragraph (4) was established by presidential decree.
Article 5, (1) Bsn devise and establish a system of national Stand ardisasi and guidelines in the field of national standardization.
.,, (2) the national Standardization System and guidelines referred to in subsection (1) is the basis and guidelines for the implementation of which should be referenced to any activities of standardization in Indonesia.
.,, (3) in drawing up the National system of Standardization and guidelines referred to in subsection (1), Bsn pay attention to feedback from technical institutions and parties concerned with standardization.
Chapter V FORMULATION and DETERMINATION of the SNI, article 6, (1) Indonesia national standards prepared through the process of the formulation of a draft National standard of Indonesia.
.,, (2) the formulation of a draft national standards implemented by the Indonesia Technical Committee through the consensus of all the parties concerned.
.,, (3) the provisions of the consensus referred to in subsection (2) are governed further by the head of Bsn.
Chapter 7., Randangan, (1) Indonesia set to become national standards national standards by the Indonesia head of Bsn.
.,, (2) Indonesia national standards referred to in subsection (1) is given the ordinal number, code and standard fields according the guidelines of the Bsn.
Article 8 Review and revision of national standards implemented by the Indonesia Technical Committee through the consensus of all the parties concerned.

Article 9.,, (1) the Technical Committee referred to in article 6 paragraph (2) and article 8 set forth by To Bsn based on guidelines agreed by Bsn along with technical agencies.
.,, (2) in the performance of its task the Technical Committee coordinated by the technical agencies in accordance with those powers.
.,, (3) in the case of technical agencies have not been able to do the coordination referred to in paragraph (2), Bsn can coordinate the Technical Committee referred to.
.,, (4) the Technical Committee in carrying out its task refers to the guidelines as referred to in article 5.
Article 10 within the framework of the formulation of a draft National standard of Indonesia, Indonesia national standards phased, and revision of the national standards of Indonesia, Bsn and technical agencies can conduct research and development activities of standardization.

Article 11 further Provisions regarding the formulation and determination of the Indonesia national standards set by decision of the head of Bsn.

CHAPTER VI IMPLEMENTATION of the SNI article 12 (1) the national standards applicable in Indonesia all regions of Republic of Indonesia.
.,, (2) Indonesia is voluntary national standards to be applied by the businessmen.
.,, (3) in the case of national standards related to the safety interests of Indonesia, security, public health or environmental function preservation and economical considerations, or technical agencies can impose are obligatory part or whole or technical specifications and parameters in the standard National Indonesia.
.,, (4) the procedures for the enforcement of National standards of Indonesia mentioned in paragraph (3), governed more by the decision of the leadership of technical agencies in accordance denganbidang.
Article 13 application of the Indonesia national standards is done through certification and accreditation activities.

Clause 14.,, (1) against the goods and or services, processes, systems and personnel who have met the conditions of the technical specifications of the National Standard/Indonesia may be given a certificate and labelled or SNI.
.,, (2) the certification is carried out by certification agencies, institutions, training institutions, inspection or laboratory.
.,, (3) sign the applicable STANDARD is as listed in the annex to this regulation.
.,, (4) the requirements and procedures for the granting of certificates and wrapping with bunches of SNI referred to in subsection (1) and paragraph (2) are governed further by the National Accreditation Committee Chair.
Article 15 the offender attempts to apply national standards Indonesia imposed compulsorily, must have a certificate and or sign of SNI.

Article 16, (1) the certification agencies, institutions, training institutions, inspection or laboratory as referred to in article 14 paragraph (2) is accredited by the National Accreditation Committee.
.,, (2) performance of inspection agencies, certification agencies, training institutions, or laboratory as referred to in paragraph (1) are supervised and built by the National Accreditation Committee.
Article 17.,, (1) the fees charged to accredited certification agencies, inspection, training institutes or laboratories that apply for accreditation.
.,, (2) the magnitude of the costs of accreditation is regulated more by government regulations.
Article 18.,, (1) prohibited trade or manufacture and distribute goods and or services, that do not meet or are not in accordance with the National standard of Indonesia who have enforced compulsorily.
.,, (2) trade, goods and or services that have obtained a certificate product and or a sign of Indonesia's National Standards Institution product certification, it is prohibited to produce and distribute goods and or services that do not meet the national standard of Indonesia.
Section 19.,, (1) standard National Indonesia imposed compulsorily subject to the same, to the goods or services and domestic production as well as imported goods and or services.
.,, (2) the goods and services or import referred to in subsection (1), fulfillment of the standard indicated by the certificate issued by the certification agency or laboratory accredited national accreditation Committee or certification agencies or exporting country the laboratory recognized National Accreditation Committee.
.,, (3) the recognition of a certification agency, the Agency inspection, training institutes or laboratories exporting country by the National Accreditation Committee referred to in subsection (2) is based on mutual recognition agreements bilaterally or multilaterally.
.,, (4) in the case of imported goods and or services referred to in subsection (1) is not furnished the certificate, the Chairman of the technical agencies can appoint one laboratory or certification agencies both within and outside the country who have been accredited or recognized by the Committee and national accreditation to perform certification against import goods and or services in question.
Article 20.,, (1) the implementation of Indonesia's National Standards referred to in article 12 paragraph (3) dinotifikasikan Bsn to the World Trade Organization after gaining input from the technical agencies that are authorized and carried out at least 2 (two) months before the Standard National Indonesia imposed compulsorily applicable effective.
.,, (2) National standards body to answer questions coming from overseas yabg with regard to the enforcement of national standards after Indonesia obtain input from technical agencies that are authorized.
Article 21 Provisions on enforcement of national standards set by the decision of the leadership of Indonesia agencies technical authorities.

CHAPTER VII CONSTRUCTION and SUPERVISION Article 22.,, (1) Leadership and technical agencies or local governments do coaching against businessmen and the community in implementing the standards.
.,, (2) the construction referred to in subsection (1) includes consultation, education, training, and pemsyarakatan standardization.
Article 23.,, (1) the supervision against businessmen, goods and or services that have obtained certificates and or labelled SNI imposed compulsorily, undertaken by the command of its corresponding technical and agencies or local governments.
.,, (2) the supervision of performance against businessmen who have obtained the certificate or the mark of the product and the SNI conducted by certifying products that publish the certificate in question.
.,, (3) the community and consumer protection NGOs to conduct surveillance against goods circulating in the market.
CHAPTER VIII SANCTIONS Article 24.,, (1) the perpetrator of the attempt offence as stipulated in article 18 paragraph (1) and (2) may be subject to administrative sanctions and/or criminal sanctions.
.,, (2) administrative Sanctions referred to in paragraph (1) in the form of certificate revocation and revocation or the product usage rights sign SNI, a business license, and the revocation or withdrawal of the goods from circulation.
.,, (3) revocation of certificate products and Sanctions or the right to use the mark of the SNI conducted by certifying products.
.,, (4) the lifting of Sanctions and a business license or the withdrawal from circulation of goods is defined by the technical authority and agencies or local governments.
.,, (5) criminal sanctions referred to in paragraph (1) in the form of criminal sanctions according to applicable legislation.
CHAPTER IX TRANSITIONAL PROVISIONS Article 25.,, (1) at the time of the establishment of this Government Regulation, all the provisions related to the implementation of the standardization that has been established by the direction of the technical agencies and National Standardization and or the Board or the head of Bsn, stated remains valid along does not conflict or has not been replaced with a new one based on government regulations.
.,, (2) specifically for the implementation of provisions relating to labelling STANDARD that has been established by the Minister of industry and trade mandatory adjusted at least 2 (two) years since the establishment of this Government Regulation.
CHAPTER X PROVISIONS COVER


Article 26 with the introduction of this government regulation, Government Regulation No. 15 of 1991 about the Indonesia national standard and Presidential Decree No. 12 of 1991 concerning the preparation of the implementation and monitoring of the national standard of Indonesia stated does not apply.

Article 27 of this Regulation comes into force on the date of promulgation.

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

.,, Set in Jakarta on 10 November 2000 the PRESIDENT of INDONESIA, ABDURRAHMAN WAHID Enacted in Jakarta on November 10, 2000 STATE SECRETARY DJOHAN EFFENDI of INDONESIA, STATE GAZETTE EXTRA RI No. 4020 (the explanation for the 2000 State Gazette Number 199) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 102 in 2000 ABOUT the STANDARDIZATION of the PUBLIC NATIONAL.,, cooperation in the economic field between the countries in the world , such as the Asean Free Trade Area (AFTA), the Asia Pacific Economic Cooperation (APEC) and the World Trade Organization (WTO), has created a world trading system that is free (free trade). This system would later expand the motion flow transactions of goods and services cross the territorial boundaries of a country. So the national market will be open to the nature of the goods and services or import.
.,, To support a national market in the face of the globalisation of trade processes, viewed the need to set up a national legal system in the field of standardisation that is not only able to ensure protection of society particularly in the field of safety, security, health, and the environment, but also improve the growth of the national economy.
.,, Further, in the Treaty of the World Trade Organization (WTO), as it has been ratified by the Government of Indonesia with the Act No. 7 of 1994, in particular concerning the Agreement on Technical Barrier to Trade (TBT) governing standardization affirmed that Member countries, in this case the Government of Indonesia, are required to align national legislation in the field of standardization.
., Standardization, intended to enhance the protection to consumers, businessmen, labor, and other community both for safety, security, health or environmental function preservation, as well as to help smooth trade and realizing healthy business competition in the trade.
.,, To be able to improve the effectiveness of the arrangements in the field of standardization required the existence of a sinergik role and cooperation between consumers, businessmen, scientists and Government agencies.
.,, Based on the development of the above and given the legislation in the field of standardization is no longer in tune with the world free trade system, then seen the need to reorganize the provisions about the standardization of nationwide.

The SAKE ARTICLE ARTICLE article 1, article 2, quite clearly, is the technique of metrology Metrology is the managing unit-unit of measure, measurement methods and tools of measurement, which concerns the requirements of the engineering and development of measurement methods, treatments and the development of national standards for units of measurement and measuring instruments in accordance with the development of science and technology to provide certainty and truth in measurement.

Testing is a technical activity which consists of the determination, the determination of one or more of the properties or characteristics of a product, equipment, materials, organisms, physical phenomena, processes or services, in accordance with the established procedure.

Whereas the definition of quality is the totality of characteristics of maujud that supports its ability to satisfy the needs expressed or tersifat.

Section 3., national standardization, then there will be a single reference point in measuring the quality of your products and or services in Commerce, namely the Indonesia national standard, so as to enhance the protection to consumers, businessmen, labor, and other community both for safety, security, health or environmental function preservation.

Article 4, article 5, pretty clear., paragraph (1), in the field of standardization, National Guidelines include the provision of more detailed as the elaboration of a national Standardization System to be used as a guide in carrying out activities of standardization.

The guidelines, among others, in the form of guidelines for the formulation of National standards of Indonesia, Indonesia national standards writing guidelines, guidelines on Phased Indonesia national standards and guidelines for the application of SNI. Subsection (2), quite obviously, subsection (3), the definition of related parties who are consumers, businessmen, scientists and Government agencies.

Article 6, paragraph (1), quite obviously, subsection (2), a draft National Standard Formulation, Indonesia started the collection and processing of data to be the draft Indonesia national standard.

The definition of consensus is the mutual agreement of all parties concerned, namely the consumers, businessmen, scientists and Government agencies. Paragraph (3), it is pretty clear, article 7, article 8, quite clearly, is a phased activity, to examine the return whether a standard is still appropriate for use or needs to be revised.

Article 9, paragraph (1), the agreed Guidelines, the Bsn along with technical agencies, among others, contain the scope of activities in the field of standardization, technical Committee membership criteria and procedures Technical Committee work. Paragraph (2) until subsection (4),, is quite clear.

Article 10 and article 11, article 12 is quite clear., paragraph (1) and paragraph (2), quite obviously, subsection (3), SNI, which deals with the interests of public safety and security, among others, SNI of tools associated with high-pressure gas, electric, cable and others. SNI-related public health interests between laintentang medicinal, medicinal materials, tools and supplies health, food additives and labelled others.

SNI relating to preservation of environmental functions, among others, the threshold value of SNI, waste, etc.

SNI with regard to economic considerations is SNI-related export goods or SNI which can increase value added such as SNI about rubber crumb. Subsection (4), Article 13 clearly, enough, clear enough, Article 14, paragraph (1), the certificate referred to in the form of a certificate of test results, calibration certificate, certificate of quality system, certificates, certificate of environmental management system certificate product, personnel, sustainable production forest management certificate, certificate of inspection, the safety certificate.

Special certificate of personnel with regard to the standardization activities include assessors/Auditors of quality management system, assessors/Auditors of environmental management systems, personnel laboratory for example the testers, assessors/Auditors laboratory examiners and assessors/Auditors calibration, inspection agencies. Subsection (2), certifying, among other things include the certification agencies include quality system certification agency, the Institute of environmental management system certification, the certifying agency personnel, product certification, certifying the security of food products (HACCP-Hazard Analysis of Critical Control points), certifying the system of sustainable forest management.

Inspection Agency is the agency that checks the suitability of the goods or services against specific requirements.

Training institutions are institutions that conduct training of personnel with regard to standardization activities include assessors/Auditors of quality management system, assessors/Auditors of environmental management systems for example makers of laboratory personnel testers, assessors/Auditors laboratory examiners and assessors/Auditors calibration, inspection agencies.

The laboratory is a laboratory examiners and calibration laboratory. Paragraph (3) and subsection (4), Article 15, clear enough, clear enough, article 16, paragraph (1), the implementation of accreditation by the National Accreditation Committee is done based on Guidelines set by the National Accreditation Committee Chair. Subsection (2), the definition of performance is the ability to meet the requirements of accreditation set by the National Accreditation Committee.

Article 17, Article 18, pretty clear., paragraph (1), the definition of trafficking of goods and or services include trade, offer, promote and or advertise. Subsection (2), clearly Enough, article 19, paragraph (1), in accordance with the Agreement on Technical Barrier to Trade and Sanitary and Phyto Sanitary Agreement on under the World Trade Organization (Treaty of the World Trade Organization), confirmed that the Member States must guarantee in the technical regulations concerning the enforcement of standards in the imported products that payers should not be treated differently by domestic products or products which are imported from other countries. Relating to the matters referred to, every country is obliged to menotifikasikan to the World Trade Organization any regulatory plan or plan implementation standards are compulsory, in order to obtain a response from the Member States of the World Trade Organization. Subsection (2), quite obviously, subsection (3), the certificate applies to goods and services or import a certificate that is provided by the institution of the exporting country the laboratory or setifikasi which has been recognized by the National Accreditation Committee. Subsection (4), is quite clear, article 20, paragraph (1), quite obviously, subsection (2), the Agreement on Technical Barrier to Trade and Sanitary and Phyto Sanitary Agreement which is part of the establishment of the World Trade Organization (World Trade Organization) established that Member States are required to answer all questions related to regulations or regulatory infractions.


For special regulations in the field of standardization, Bsn after gaining input from the authorized technical agencies are obligated to answer questions asked by the members of the World Trade Organization.

Article 21 s/d of article 23, it is pretty clear, section 24, paragraph (1), s/d subsection (4), quite obviously, subsection (5), is the applicable legislation, among others, legislation in the field of industry, Ketenagalistrikan, health, consumer protection and legislation associated with National Standardisation activities.

Article 25 s/d article 27.,, is quite clear