Government Regulation Number 21 1996

Original Language Title: Peraturan Pemerintah Nomor 21 Tahun 1996

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! KC CUSTOMS. Import. Export. Customs. Penindakan PP 21-1996 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 36, 1996 (Additional explanation in the State Gazette of the Republic of Indonesia Number 3626) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 21 of 1996 CONCERNING PENINDAKAN in the FIELD of CUSTOMS, the PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that in Act No. 10 of 1995 on customs, set conditions regarding the authority of Customs Officials;
.,, b. that to implement the provisions referred to in letter a, viewed the need to regulate the exercise of the authority of the Customs and Excise Officials in doing penindakan in the field of Customs with government regulations;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of 1945;
., ,2. Act No. 10 of 1995 on Customs (the State Gazette in 1995 the number of additional sheets of 75 State number 3612);
DECIDED:.,, set: GOVERNMENT REGULATION of PENINDAKAN in the FIELD of CUSTOMS.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. The legislation is Act No. 10 of 1995 on Customs;

2. the Minister is the Minister of Finance of Republic of Indonesia;

3. The Director General is the Director General of customs and Excise;., 4. Customs and excise officials are officials of the Directorate General of customs and Excise in the Office designated to carry out certain specific tasks;
., ,5. The examination is the action to examine the means of transport, goods, building or other place, letter or document relating to the goods, as well as against the person;
., ,6. Penegahan Stuff is the action to delay spending, loading and transport of imported goods or export to the fulfillment of the obligations of customs;
., ,7. Penegahan means of Transport is the action to prevent the departure of the means of transport;
., ,8. Sealing is the action for locking, sealing and/or attach the necessary safety signs in order to secure the rights of the State.
Article 2, (1) to ensure the rights of the State and dipatuhinya the provisions of the Act, Customs Officials had the authority to do penindakan in the field of Customs as an effort to search for and find an event of an alleged breach of the provisions of the Act. (2) Penindakan as referred to in subsection (1) include the following:.,, a. termination and examination of the means of transport;.,, b. examination of goods, building or other place, letter or document relating to the goods, or against the person; c. Penegahan against the goods and means of transport; and, d.., Locking, sealing, and/or sticking a sign the necessary safeguards against the goods or means of transport.
CHAPTER II EXAMINATION article 3, (1) the officials of the Customs and Excise authorities to stop and check means of transport and goods on it.
.,, (2) the means of Transport that are sealed by law enforcement or other postal service excluded from the examination referred to in subsection (1).
.,, (3) officials of the Customs and Excise authorities to stop offloading goods from means of transport when it turns out the disassembled goods contrary to the applicable provisions.
Section 4.,, (1) for the purposes of the examination of means of transport as referred to in article 3, at the request of officials at cue or customs and Excise transport obligated stop had the means.
.,, (2) the officials of the Customs and Excise authorities requested that the means of transport referred to in paragraph (1) is brought to the Customs Office or other suitable place for the purposes of the inspection.
.,, (3) at the request of Customs Officials, the transport referred to in paragraph (2) transport obligated to open the facility or any part thereof to be checked.
.,, (4) All costs incurred as a result of the implementation of the inspection as referred to in paragraph (2) is the responsibility of:.,,.,, a. carrier, when the results of the checks found the existence of a breach of the provisions of the law;
.,, b. Directorate General of customs and Excise, if the results of the examination are not found the existence of a breach of the provisions of the Act.
.,, (5) follow-up of inspection of the means of transport and goods thereon as referred to in article 3 paragraph (1) is done as follows:.,,.,, a. If there are violations, immediately do penegahan against means of transport and/or stuff on it;
.,, b. when there is no violation, immediately allow the carrier along with the means to transport the following items that are on top of it to continue the journey.
Article 5 (1) officials of the Customs and Excise authorities conduct the examination of the goods.
.,, (2) to carry out the examination referred to in subsection (1), importers, exporters, entrepreneurs, entrepreneurs Place Temporary Hoarding Hoarding Bonded Place, or his power is obligated to hand over the goods and open each bundle or packaging of goods that will be examined.
.,, (3) if the request referred to in paragraph (2) was not met, officials of the Customs and Excise authorities undertake examination of risk and cost the Party examined.
Article 6 (1) officials of the Customs and Excise authorities undertake examination of:.,,.,, a. buildings or other places which are directly or indirectly related to a building or other place to convene with the permissions granted by law; or, b.., building or other place which, according to the Customs Notice contains the goods under customs supervision.
.,, (2) Customs and Excise Officials authorized to enter and inspect a building or place that is not a home, based on the legislation--not under the supervision of the Directorate General of customs and Excise and may examine any goods are found.
Article 7 officials of the Customs and Excise authorities checking everyone's bodies:.,, 1. Located on top or just down from the means of transport are entered into the Customs Area;
., ,2. That is on top of or ready to ride to the means of transport that the goal is a place outside the Customs Area;
., ,3. Who are on or just left the place or places of Temporary Hoarding Hoarding Bonded; or 4. That was in or just leave the Customs Area.

CHAPTER III article 8 PENEGAHAN officials of the Customs and Excise authorities do penegahan against:.,, 1. Imported goods that are in a Customs Area by the owner will be issued to free circulation without customs fulfill the obligations;
., ,2. Imported goods that are outside of the Customs Area are based on the instructions that simply do not meet some or all of the obligations of pabeannya;
., ,3. Export goods based on the instructions that simply do not meet some or all of the obligations of pabeannya;
., ,4. Means of transport containing items that have not been met the obligations of pabeannya; or 5. Means of transport which have not completed the obligation pabeannya.

Article 9 Penegahan can not be done against: 1. Packages or items are sealed by law enforcement or other Postal;., .2. Items are based on the results of the re-examination upon notice or Complementary Documents Customs showed a lack of payment of import duties; 3. The means of transport that are sealed by law enforcement or other Postal Service; or 4. The means of transport of the country or foreign countries.

Article 10 goods and/or means of transport that are ditegah by the Customs and Excise Officials ruled the country and stored somewhere Hoarding customs.

Article 11 the owner of goods and/or means of transport that are ditegah by Customs and Excise Officers referred to in article 8, may submit an objection in writing to the Minister within the time period of not longer than 30 (thirty) days from receipt of the letter, provided penegahan evidence: 1. Mentioning the reasons for the objection; and 2. Attach evidence corroborating the objection.

Article 12 (1) of the goods and/or the means to transport the ditegah completed by:.,, a. handed back to its owners, in terms of:.,, 1. have met the obligations of customs;., .2. penegahan goods and/or means of transport that was conducted without a warrant penegahan due to reasons of urgency and need, do not get the approval of the Director General;
., ,3. objections filed by the owner of the goods and/or the means of transport are received by the Minister;
., ,4. the objections referred to in article 11 do not get the ruling of the Minister after passing a 90 (ninety) days from the receipt of the application for objection; or., .5. not required for evidence in court, after being handed the money substitute magnitude does not exceed the price of the goods and/or means of transport are ditegah. b. destroyed because of the foul stuff;., c. auctioned off, because its nature is not durable, destructive, harmful, or dealing require high costs, as long as it is not a prohibited or restricted goods; d. turned over to investigators as evidence in the process of investigation;., e., in the case concerning the goods that are prohibited or limited, belong to the State.
.,, (2) the procedures for the settlement of goods and/or means of transport that are ditegah as referred to in paragraph (1), is set more by the Minister.
Article 13.,, (1) in the case of objections referred to in article 11 is accepted because not found infringement, the Minister ordered:.,, a. goods and/or means of transport are ditegah;

b. money auction proceeds of goods and/or means of transport are ditegah; or.,, c. money substitute goods and/or means of transport are ditegah, handed over to the owner.
.,, (2) in the case of objections referred to in article 11 is rejected because of proven infringement of the provisions of the Act relating to the imports threatened with administrative sanctions, the Minister ordered:.,, a. goods and/or means of transport are ditegah;


b. money auction proceeds of goods and/or means of transport are ditegah; or.,, c. money substitute goods and/or means of transport ditegah, which was turned over to its owner after import duties and administrative sanctions fines have been paid and all the necessary requirements in order to import have been met.
.,, (3) in the case of objections referred to in article 11 is rejected because of proven infringement of the provisions of the laws relating to the export of the threatened with administrative sanctions, the Minister ordered:.,, a. goods and/or means of transport are ditegah;

b. money auction proceeds of goods and/or means of transport are ditegah; or., c. money auction proceeds of goods and/or means of transport ditegah, which was turned over to its owner after the administrative sanction in the form of fines and charges the State in order to export has been paid and all the necessary requirements in order for export have been met.
.,, (4) in the case of objections referred to in article 11 is rejected because it proved the existence of a breach of the provisions of the legislation which threatened with criminal sanctions, the Minister ordered:.,, a. goods and/or means of transport are ditegah;

b. money auction proceeds of goods and/or means of transport are ditegah; or.,, c. money substitute goods and/or means of transport ditegah, which was turned over to investigators as evidence.
.,, (5) If after the passing of 90 (ninety) days from the receipt of the petition objecting the Minister did not give a verdict, the objection is considered accepted and the goods and/or means of transport are settled in accordance with in paragraph (1).
.,, (6) the decision of a Minister referred to in subsection (1), subsection (2), subsection (3), and subsection (4) is immediately notified to the owner of the goods and/or the means of transport are ditegah.
CHAPTER IV SEALING Article 14 officials of customs authorities perform the sealing against: 1. Imported goods that have not been resolved liability pabeannya;., .2. Export goods that must be supervised residing in the means of transport or in place of the hoarding or other places; or 3. Goods and/or means of transport are ditegah.

Section 3.,, (1) the seal and/or safety signs used by customs agencies in another country or another party may be accepted in lieu of the seal.
.,, (2) the owner and/or controlling the means of transport or places that are sealed by the Customs and Excise Officials are obligated to keep all the keys, seals, or safety marks are not damaged or missing.
.,, (3) lock, seal, or a safety net that has been installed must not be opened, removed or destroyed without the permission of the Customs and Excise Officials.
Article 16 Sealing as stipulated in article 14 was halted in terms of: 1. Goods and/or means of transport has been completed duty pabeannya;., .2. Sealing as a follow-up of penegahan performed without a warrant does not get the approval of the Director General; or, 3. Goods and/or means of transport handed over to investigators as evidence.
Chapter V LETTERS warrant, EVIDENCE PENEGAHAN, and EVENT NEWS article 17 to carry out the examination in the form of penindakan, penegahan, and sealing, officials of the Customs and Excise should come with a warrant from the Director-General.

Article 18.,, (1) a warrant as referred to in article 5 is not required in case of:.,,.,, a. inspection of the building or other place which by law is under the supervision of the Directorate General of customs and Excise;
.,, b. in urgent circumstances action is needed to stop or secondary means of transport and/or goods;
.,, c. pursuit of one personally and/or means of transport which carry goods suspected of breaking the law.
.,, (2) Customs and Excise Officials who commit the actions referred to in paragraph (1) letter b letter c or immediately report to the Director General or a designated Officer, within 1 x 24 hours as of since penindakan do.
Article 19 a warrant as referred to in article 5 at least contain: 1. The name of the Customs and excise officials given command;

2. The forms and reasons of penindakan;

3. the period of introduction of warrant; and 4. The obligation of reporting the results of penindakan.

Article 20, Above, (1) penegahan goods and/or means of transport, customs and excise officials are obligated to make the letter evidence penegahan by mentioning the reason.
., Letter, (2) the evidence referred to in subsection (1) is delivered to the owner of the goods and/or the means of transport or its power by getting the receipt of the question.
Article 21 of the Act examination of means of transport, goods, building or other place, and/or letters or documents related to the goods, as well as the obligatory penegahan and sealing produced a news event.

Article 22 form of warrant, receipts penegahan as well as news of the proceedings, penegahan, and sealing are set by the Minister.

CHAPTER VI CLOSING PROVISIONS Article 23 further Provisions necessary for the implementation of the provisions of this Regulation are governed by the Minister.

Article 24 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 2 April 1996 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on April 2, 1996 MINISTER of STATE SECRETARY of STATE of the REPUBLIC of INDONESIA, MOERDIONO RI STATE GAZETTE SUPPLEMENTARY No. 3626 (explanation of the 1996 State Gazette Number 36) EXPLANATION of GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 21 in 1996 ABOUT the PENINDAKAN in the FIELD of CUSTOMS General., Penindakan, against goods and/or means of transport as well as a building or other place is a customs authority of an administrative nature in order to ensure the rights the State and the dipatuhinya conditions of the restrictions and limitations. Realize that the penindakan will certainly impede the smooth flow of goods and lead to a less satisfactory circumstances for its owners. Therefore, in practice the high consciousness based on the requirements set out and is objective.
.,, The Customs and Excise Officials will implement penindakan should have had enough clues over the actions will be taken and still give priority to a high level of service and provide certainty for owners of goods and imposed penindakan.
., Penindakan, each should be legally accountable based on reason and evidence are enough to get the final form of the resolution of the investigation against the criminal act or the imposition of administrative sanctions in the form of fines or surrender it back to its owner.

The SAKE ARTICLE ARTICLE article 1., pretty clear, article 2, paragraph (1), quite obviously, subsection (2), clearly Enough, article 3, paragraph (1).,, termination and inspection conducted by the Customs and Excise Officials against means of transport and goods across it aims to guarantee the rights of the State and dipatuhinya legislation which charged to the Directorate General of customs and Excise.

Termination and examination of the means of transport and goods that exist on it is done selectively. Subsection (2), quite obviously, subsection (3), it is pretty clear, article 4, paragraph (1),, is a "sign" is the sign that was given to the carrier, or be nahkoda hand signals, sound cues, cue lights, radio, etc. that is customarily used as a cue to stop means of transport. Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), article 5, pretty clear., paragraph (1), examination of the goods, the Act is done because of an alleged violation of the provisions of the customs laws and regulations whose implementation is charged to the Directorate General of customs and Excise. This authority includes also checks a letter suspected of containing imported goods or export goods are sent via postal mail must be. the inauguration done along with the officer's post.

The definition of "goods" in this paragraph includes imported goods, export goods, and the goods are shipped from one place to another within the Customs Area through a place outside the Customs Area. Subsection (2), quite obviously, subsection (3), it is pretty clear, article 6, paragraph (1), the definition of "associated" is connected physically while "touch indirectly" is physically not directly related but operationally interrelated. The goal is to prevent the effort to avoid checks or smuggle goods, given at the time done pemeriksaaan by Customs and Excise Officers there is a possibility of the goods have been moved to a building or other place that has a direct or indirect relationship with the buildings being examined. Subsection (2),, is a "building or other place that is not a home" in this verse is not a place to hoard things that are under the supervision of the Directorate General of customs and Excise as stipulated in the Act. When based on instructions that in those places there are goods that Customs or regulatory violation snagged the prohibition/restriction. Director General of customs and Excise or the designated Officer may order Customs Officials conduct the examination of the venue.

Chapter 7, inspection agency, must be organised in such a manner according the norms of decency and civility. Therefore, the examination should be performed in a place covered by the same sex, and produced a news event that is signed by both parties.

Article 8., 1., letters, numbers, quite obviously number 2

.,, "Outside of the Customs Area" contains the sense of all the imported goods can still be known is derived from Customs District and in surveillance continued, while the definition of "clue" is evidence enough that the beginning of coupled with information and data obtained, among others: 1. The report of an employee;

2. The report of the examination results;

3. Witnesses and/or informants;

4. The results of intelligence activities; or 5. The results of the development of the investigation.

Example: there is a discrepancy between the cargo manifest of the ship with the bay plan ship upon a party of imported goods are unloaded at the port.

Although already there is evidence of the beginning of the form of mismatch between cargo manifest of the ship and the bay plan ship, but this is not enough to do the penegahan.

In order for the commencement of the evidence be sufficient to be able to do penegahan stuff then there should be a supporting element such as a report or description of the employees or other information obtained about the untruth of such imported goods party so that there is sufficient reason for doing penegahan stuff. Number 3, number 4, clear enough, clear enough, the numbers 5., for example, means of transport that are not yet resolved liability pabeannya such as the ship originally entered with temporary import facilities then transferable/sold to citizens or residents of Indonesia and Indonesia replaced the flag of Indonesia. At the time of pemindahtanganan then the transport means over based on mandatory law resolved pabeannya obligations as imported goods to wear. Thus if the pemindahtanganan owner or controlling means of transport do not resolve liability pabeannya then means the carrier can be ditegah.

Article 9., 1., letters, numbers, quite obviously number 2.,, re-examination (verification) against the notice or Document to complement Customs carried out by the Customs Office can lead to a lack of payment of the import duties that had been performed by the importer/owner of the goods. Payment of a deficiency payment of the import duties are resolved administratively. However, it is possible that the imported goods were still in the warehouse of the importer concerned. Against the goods in question cannot be done penegahan. Number 3, number 4, pretty clear.,, is a "means of Transport" is an aircraft or a ship used by the ARMED FORCES and certain Government instasi was given the functions and authority to enforce the law in accordance with the legislation in force.

This provision applies also for the transport means of foreign countries belong to foreign armed forces and/or foreign government agency that was given the functions and authority of law enforcement or defense and State security.

Article 10, article 11 is quite clear, this Article, give the right to the owner of the goods or the parties who feel aggrieved to file objections over penegahan goods and/or means of transport carried out by Customs Officials as well as to provide legal certainty.

Article 12, paragraph (1), quite obviously, subsection (2), sections 13, pretty clear., paragraph (1), letter a, letter b, pretty clear., ditegah stuff, because its nature is not durable, destructive, harmful, or dealing requires high cost of all is not a prohibited or restricted goods conducted the auction.

The results of the auction is the right of the owner of the goods must therefore be returned because it was not proven the existence of the infringement. the letter c., the ditegah, the goods that have been resolved and pabeannya obligations is given a sum of money or a guarantee, then it turns out that there is no breach of the warranty then the money must be returned to the owner of the goods. Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), articles 14, pretty clear.,, is a "sealing" is locking, sealing, and/or attach a safety sign that aims to ensure better supervision in order to safeguard the finances of the country because it is not necessary the existence of care/escort continuously by Customs and Excise Officers.

Figure 1, Figure 2, is quite clear, the definition of "export goods that must be supervised" is any given based on its export regulations is regulated. Against the export goods should be supervised residing in the means of Transport or in place of the hoarding or other place may be sealed when the item on the basis of the notification of the Customs upon export of the goods actually is part of the ditegah of export goods by Customs Officials at the time will be exported. Number 3, pretty clear, Article 15, paragraph (1).,, "acceptable" contains the notion that sealing or wrapping with the safety sign is supposed to have sealed or affixed in the country based on the applicable legislation.

What is meant by "other party" in this verse is the official agency whose existence is recognized by the Government such as shipping company. Subsection (2), quite obviously, subsection (3), it is pretty clear, article 16, article 17, clear enough, clear enough, Article 18, paragraph (1), letter a, letter b, quite clearly, the definition of "urgent circumstances" is a situation in which the penegahan must be immediately carried out and if not done in the sense of having to wait for a warrant in advance, goods and means of transport can no longer ditegah so that law enforcement cannot be done. The letters c, a, pretty clear paragraph (2).,, is quite clear, article 19, article 20 is quite clear., paragraph (1), Penegahan Evidence, a letter intended for the existence of legal certainty for the parties affected by the penindakan as well as for customs and Excise Officials. Subsection (2), Penegahan Evidence, a letter delivered to the owner of the goods and/or the means to transport the ditegah or his power with a receipt in the form of wrapping with date and signature. In the case in question was not willing to affix the signature then Customs Officers make notes or description about it.

Chapter 21, section 22, is clear enough, clear enough, Article 23, Article 24, clear enough, clear enough,