SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 85, 1995 | (Explanation in Additional State Sheet of Indonesia Republic Number 3616) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 44 YEAR 1995
ABOUT
PLANT PERBENIHAN
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. That plant seed is one of the means of cultivation of plants that have a very decisive role in the increased production and quality of crop cultivation that will eventually increase farmers ' income and welfare. The people, therefore, should be able to guarantee the availability of the seed of quality adequate and continuous;
., b. That the germ plasma is a very fundamental element in the breeding activities of plants and has a very decisive role for the acquisition of quality seeds, so that the preservation of the germ plasma which is the national wealth needs to be improved. to support the development efforts of the cultivation of plants;
., c. that based on consideration on grains a and b, as the implementation of Law Number 12 of 1992 on the Plant Cultivation System is seen to need to regulate plant benihan in Government Regulation;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945;
., 2. Law No. 5 of 1967 on the provisions of the Forestry Subjects (State Sheet 1967 Number 8, Additional Gazette Number 2823);
., 3. Law No. 4 of 1982 on the provisions of the Environmental Management of the Living Environment (1982 State Sheet Number 12, Extra State Sheet Number 3215);
., 4. Law No. 5 of 1990 on the Conservation of the Natural Resources of Hayati and its Ecosystem (1990 State Gazette Number 49, Additional State Sheet Number 3419);
. .5. Law No. 12 of 1992 on the System of Cultivation Plants (1992 State Sheet Number 46, Additional Gazette State Number 3478);
., 6. Law No. 16 of 1992 on Quarantine Animals, Fish and Plants (1992 State Sheet Number 56, Extra State Sheet Number 3482);
DECIDED:
Establish: GOVERNMENT REGULATIONS ON PLANT PERBENIHAN.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
., 1. Plant life is everything that is related to the procurement, management and circulation of plant seeds.
., 2. Germ plasma is the substance that exists in living groups, and is a source of offspring that can be utilized and developed or assembled to create new superior types or cultivars.
., 3. Plant habitat is the environment where plants can live and develop naturally.
., 4. Plant breeding is a series of activities to maintain the purity of the type and or varieties that are already present or to produce new types and or varieties that are better.
. .5. Varieties are part of a type characterized by plant forms, growth, leaves, flowers, fruit, seeds, and other properties that can be distinguished in the same type.
., 6. The seed of the plant, which is called the seed, is a plant or part of which is used to multiply and or grow crops.
., 7. The bina seed is the seed of the removed variety that the production and its circulation is supervised.
8. The Minister is the Minister responsible in the field of plant-benihan plants.
Section 2
Plant Perbenihan settings aim:
., a., a. Ensure that the requirements of the seed are adequate and continuous;
B. Ensure the sustainability of the germ plasma and its heating.
BAB II
NUTFAH PLASMA
Section 3
., (1) The germ Plasma is ruled by the State, and is utilized for a great deal of the prosperity of the people.
.,, (2) Any activity directly or indirectly can annihilate or harm the sustainability of the germ plasma, is prohibited.
Section 4
The search, collection, and preservation of the nutfah plasma can be done in and or outside of its habitat.
Section 5
.,, (1) The government conducts the search, collection, utilization, and or preservation of the germ plasma.
., (2) The search and or collection of germ plasmas can be done by individuals of Indonesian nationals or Indonesian legal entities under the Minister's permission.
., (3) The search and or collection of nutm plasma as referred to in paragraph (2) only for the purpose of plant breeding.
., (4) The search and or collection of nutm plasma as referred to in paragraph (1) and paragraph (2) may also be carried out in the framework of research cooperation with the foreign parties in accordance with applicable laws.
.,, (5) The search and or collection activities of the protected plant nutfah must first obtain the permission of the Minister who is drugging the protected plant.
.,, (6) Further provisions regarding the licensing as referred to in paragraph (2), are governed by the Minister.
Section 6
.,, (1) The search and or collection of germ plasma inside or outside its habitat must be performed by maintaining the germ plasma sustainability and the environment.
.,, (2) In carrying out the search activities and or the collection of nutm plasma must be accompanied by the Minister ' s designated officer.
.,, (3) The search results and or the collection of nutfah plasma are reported and submitted in part to the Minister in charge of the field of plant benihan.
.,, (4) For the purposes of conservation of the nutfah plasma results the search and or collection as referred to in paragraph (3), the Government forms the Nutfah Plasma Bank.
., (5) Further provisions on reporting and submission as well as the Nutfah Plasma Bank as referred to in paragraph (3) and paragraph (4), are governed by the Minister.
Section 7
For the benefit of the germ plasma preservation, the Minister sets out the type of plant whose population is limited.
Section 8
.,, (1) The government carries out the conservation measures of the population of the nutfah limited its population, and replaced it in a variety of places whose agroclients are appropriate.
., (2) More provisions on the multiplicity of nutfah plasma as referred to in paragraph (1), are governed by the Minister.
Section 9
.,, (1) For the benefit of the preservation of the nutfah plasma, the Government gives its tagging.
.,, (2) Each person is obliged to guard and secure the germ plasma which has been given the mark as referred to in paragraph (1).
.,, (3) Further provisions on the germ plasma marking as referred to in paragraph (1), are governed by the Minister.
Section 10
.,, (1) For the benefit of the preservation of a certain germ plasma, the Minister with the President ' s consent establishes a particular region as its habitat.
.,, (2) The change of perforation of the germ plasma habitat region as referred to in paragraph (1), is set by the Minister with the President ' s approval.
., (3) A change in the region of the germ plasma habitat as referred to in verse (2), cannot be done, in which case there is no suitable replacement habitat for the nutfah plasma.
.,, (4) Parties of interest in the change in the region of the germ plasma habitat as referred to in verse (2), must provide suitable habitat areas and transfer the germ plasma to the region referred to under the supervision of the Minister.
.,, (5) Further provisions on the nutm plasma transfer order as referred to in paragraph (4), are governed by the Minister.
Section 11
.,, (1) The preservation of the germ plasma outside its habitat is done in the form of a collection garden and or a storage place.
.,, (2) the collection gardens and or storage places as referred to in paragraph (1) may be hosted by individuals, legal entities or the Government.
., (3) A collection garden and or a place of germ plasma storage hosted by a person and or a legal entity is required to be registered to the Minister.
., (4) If a collection garden and or a place of germ plasma storage held by individuals or legal entities will be amended, it must be reported to the Minister the slowest six months prior.
.,, (5) Further provisions on the registration and reporting terms as referred to in paragraph (3) and paragraph (4), are governed by the Minister.
Section 12
.,, (1) For the purpose of plant breeding, the Government can utilize the germ plasm that is on the collection garden and or the storage place of the individual or body of the law by providing reasonable rewards.
., (2) If in a collection garden and or a repository of individuals or legal entities there is a germ plasma whose growth population is limited, the Government can exploit it for the benefit of desecration without giving a reward.
Section 13
.,, (1) The collection garden and or the germ plasma storage place organized by the Government, set by the Minister.
., (2) Changes to the collection gardens and or the place of the nutfah plasma storage as referred to in paragraph (1), set by the Minister.
.,, (3) With regard to the provisions of Article 10, the Minister may assign a collection garden hosted by the Government as a region of germ plasma habitat.
Section 14
., (1) Nutfah expenditure of the territory of the Republic of Indonesia only for research purposes in order of plant breeding and is performed in exchange for exchanging germ plasmas.
.,, (2) The minister sets out the type of plant that his nutless plasma can be removed from the country territory of the Republic of Indonesia.
.,, (3) Nutfah plasma spending as referred to in paragraph (1) is carried out by the Minister.
.,, (4) Further provisions of the expenditure and exchange of exchanging the germ plasma as referred to in paragraph (1) are governed by the Minister.
BAB III
INTRODUCTIONS
Section 15
.,, (1) Induction from abroad is carried out in the form of seed or master material and is only done if the seed or master matter is not in the territory of the Republic of Indonesia.
.,, (2) the Introduction of seed or parent materials as referred to in paragraph (1) may be performed by the Government, persons or legal entity.
.,, (3) The party conducting the introduction of seed or parent material as referred to in paragraph (1), is required to report and submit a portion of the introduction to the Minister.
.,, (4) Further provisions on the terms of reporting and submission as referred to in paragraph (3), are governed by the Minister.
Section 16
.,, (1) The ingrate of seed or parent material from abroad is carried out in numbers according to the needs of the breeding of plants.
.,, (2) Further provisions on the amount as referred to in paragraph (1), are governed by the Minister.
Section 17
.,, (1) The Seed induced from abroad must be supplemented with a variety description of the bleaching or the authorized instance of the country of origin.
., (2) The description as referred to in paragraph (1) at least contains adverts regarding the power of the results, the power of adaptation, and the resistance to plant disruptor organisms.
BAB IV
TEST AND RELEASE OF THE VARIETY
The First Part
Testing
Section 18
.,, (1) The superior varieties are derived from new varieties or local varieties that have high potential.
.,, (2) Against new varieties and local varieties must be performed test adaptation before being declared a superior variety.
(3) Test adaptation for the Annual plant, it can be done by observation means.
.,, (4) The test of adaptation or observation is carried out by a designated Government instance or a glorification organizer based on the requirements specified.
.,, (5) Test or observation test requirements as referred to in paragraph (3) and paragraph (4), as well as the supervision of the convening are further set by the Minister.
Section 19
.,, (1) Against the results of the test adaptation or observation as referred to in section 18, must be conducted assessment by the Minister ' s appointed experts.
.,, (2) The new Varietas or local varieties that pass the assessment as referred to in verse (1) are expressed as superior varieties.
.,, (3) Further provisions on the judgment of the assessment as referred to in paragraph (1), are governed by the Minister.
Section 20
Against varieties that are strongly affected by the development of consumer tastes, the Minister may exclude from a test of an adaptation or observation and assessment as referred to in Article 18 and Article 19.
The Second Part
The Release Of The Variety
Section 21
Seeds of superior varieties can only be circulated after being removed by the Minister.
Section 22
.,, (1) The stripping of the superior varieties as referred to in Article 21 is done only if the amount of the seed is sufficient for further production.
.,, (2) The stripping of superior varieties is performed on the application of the breeding of the plant.
.,, (3) Further provisions on the release and ceremony of the waiver as referred to in paragraph (1) and paragraph (2), are governed by the Minister.
Section 23
.,, (1) The Seed is induced from abroad as referred to in Article 15 of the paragraph (1), if it will be circulated, in advance of its varietation must be removed by the Minister.
.,, (2) The stripping of varieties as referred to in paragraph (1), done if the variety has passed the test of adaptation or observation and judgment as referred to in Article 18 and Article 19.
Section 24
The seed of the unreleased superior variety is not a bina seed.
Section 25
.,, (1) The Minister conducts assessments periodically against the removable varieties.
.,, (2) The Minister may ban the procurement, circulation, and cultivation of seeds of varieties based on assessments as referred to in paragraph (1) it turns out to be able to inflict loss for the people, the cultivation of plants, other natural resources, and or a living environment.
BAB V
BINA SEED PROCUREMENT AND CIRCULATORY
The First Part
Procurement
Section 26
.,, (1) The presence of bina seeds in the country is carried out through domestic production and or income from abroad.
.,, (2) The absence of bina seed as referred to in paragraph (1) is done by the individual, legal entity or government agency.
Section 27
Individuals, legal entities or Government agencies that will produce bina seeds on a particular scale of effort must first get permission from the Minister.
Section 28
.,, (1) Permission granted only if the individual, legal entity or Government instance as referred to in Article 27 meets the requirements:
., a., a. have an adequate means, and
B. have a skilled power.
.,, (2) the Minister performs a periodic assessment of the requirements as referred to in paragraph (1).
.,, (3) If based on the assessment as referred to in paragraph (2) it turns out that the requirements as referred to in paragraph (1) are not met again, then the Minister may revoke the permit as referred to in Article 27.
., (4) Further provisions on the manner of authoring the permit, judgment, and revocation of the permit as referred to in paragraph (2) and paragraph (3) are governed by the Minister.
Section 29
.,, (1) In order to control the fulfillment of the needs of the bina seed, the inclusion of seed into the territory of the country of the Republic of Indonesia is carried out under the Minister
(2) The (2) Instalation of the seed as referred to in verse (1) is only done if the seed can be produced in a land or there is not enough stock.
(3), (3), as referred to in verse (2) must meet the standard of the seed quality of bina seeds.
(4) In that there is no standard of the seed of the bina seed as it is in verse (3), the standard of seed quality as referred to in verse (2) is specified by the Minister.
.,, (5) the Minister sets the type and number of seed needs as referred to in paragraph (2).
Section 30
., (1) The seed manufacturer in the country and its suppliers of seeds from abroad, responsible for the quality of the quality of the seed that is produced or installed according to the description listed on the label, as well as the mandatory administration of the Production or Risk Activities.
.,, (2) Further provisions on the administration of the administration as referred to in paragraph (1) are governed by the Minister.
The Second Part
Certification
Section 31
(1) The Minister sets the quality standards for each type of bina seed.
.,, (2) In terms of seed bina consists of more than one class, the designation of quality standards is performed for each class of each type.
Section 32
The bina seed to be circulated must meet the quality standards set by the Minister.
Section 33
.,, (1) To meet the specified quality standards, the production of bina seed must go through a certification that includes:
., a., a. Examination of:
., 1. the seed truth of the source or the parent tree;
2. Peplants and perplants;
3. The isolation of the plant in order for no wild cross-crossing;
4. harvesting and seed processing tools;
5. The mix of seeds.
., b. Laboratory testing to test seed quality that includes genetic, physiological and physical quality.
C. Surveillance label installation.
.,, (2) Further provisions on the system of certification methods as referred to in paragraph (2), are governed by the Minister.
Section 34
.,, (1) the Minister may assign certain seeds that are inserted from abroad that do not need to go through the examination activities as referred to in Article 33 of the paragraph (1) letter a.
(2) Against the seed as referred to in paragraph (1) must:
.,
., a., a. conducted laboratory testing to test seed quality covering genetic, physiological and physical quality;
B. It's a surveillance label.
.,, (3) Laboratory testing to test the genetic quality of seeds as specified in paragraph (2) a letter is not necessary, if the genetic quality of such seeds cannot be tested laboratorically.
Section 35
.,, (1) Certification as referred to in Article 33 of the paragraph (1) or laboratory testing and supervision of the label as referred to in Article 34 of the paragraph (2) is performed by the Government instance appointed by the Minister.
.,, (2) the Minister may grant permission to a specific legal entity for conducting the certification or testing of the laboratory and the supervision of the labeling of the label as referred to in paragraph (1).
.,, (3) The invocation to obtain the permission as referred to in paragraph (2) is submitted in writing to the Minister.
.,, (4) Permission only granted if the legal entity as referred to in paragraph (2) meets the requirements.
., a., a. have a skilled power; and
B. have the required means of testing and testing.
.,, (5) If based on the assessment it turns out the requirements are not met, then the plea is denied.
(6) The (6) Rejections referred to in verse (5) are conducted in writing for a reason.
.,, (7) Further provisions concerning the licensing as referred to in paragraph (3) and paragraph (4) by the Minister.
Section 36
., (1) the Government Instancy and the legal entity performing the certification as referred to in Article 33 of the paragraph (1) is responsible for the correctness of execution and certification results.
., (2) Government and legal entities conducting laboratory testing and regulatory oversight of the label as referred to in Article 34 of the paragraph (2), responsible for the correctness of the execution and results of laboratory testing and installation Labels.
Section 37
.,, (1) the Minister performs a periodic assessment of the certification results as referred to in Article 33 of the paragraph (1) or laboratory testing and the supervision of the label mounting as referred to in Article 34 of the paragraph (2).
.,, (2) The Minister may cancel the certificate or test results of laboratory and install labels and ban the circulation of seeds as a bina seed, if it is proven that the certification or laboratory testing and supervision of the label are not performed in accordance with the provisions referred to in Article 33 of the paragraph (1) or Article 34 of the paragraph (2).
., (3) further terms of assessment of the certification results or laboratory testing and supervision [install of the label as referred to in paragraph (1) and the cancellation of the certificate or the results of laboratory testing and supervision the installation of the label as referred to in paragraph (2) is governed by the Minister.
The Third Part
The circulation
Section 38
The bina seed to be circulated is mandatory to be labeled.
Section 39
.,, (1) The circulation of the bina seed within the country is carried out by the government agency, the individual or the legal entity.
.,, (2) the Government ' s Instancy, individual and legal entity as referred to in paragraph (1) must register its activities to the Minister.
.,, (3) To be able to be a seed dealer bina as referred to in paragraph (1), must be met with requirements as follows:
., a., a. have knowledge in the field of plant-benihan;
B. have a storage facility; and
c. Organing administration of the circulated seeds.
Section 40
(1) the seeds of a mandatory bina seed keep the seeds of bina being circulated.
(2) The (2) Guard of the seed's seed as referred to in verse (1) is done according to the requirements of packaging, storage, transport, and the bina seed period.
.,, (3) Further provisions regarding packaging, storage and transport as referred to in paragraph (2) are governed by the Minister.
BAB VI
SEED EXPENDITURE
Section 41
., (1) The bina seed expenditure of the country territory of the Republic of Indonesia may be carried out by government agencies, persons or legal entities under the Minister ' s permission.
.,, (2) The application to obtain a bina seed expenditure permit is submitted in writing to the Minister.
.,, (3) Further provisions regarding the licensing as referred to in paragraph (2), are governed by the Minister.
Section 42
., (1) The permission as referred to in Article 41 of the paragraph (1) may be given if the seed expenditure does not interfere with the seed supply of bina in the country.
.,, (2) the minister sets the type or variety and number of bina seeds that can be removed from the country territory of the Republic of Indonesia.
Section 43
(1) The seed expenditure of a particular plant must be a hybrid seed.
.,, (2) the Minister sets out certain types of plants as referred to in paragraph (1).
BAB VII
COACHING AND SUPERVISION
Section 44
The Minister conducts coaching in the field of plant-benihan fields, which includes:
., a., a. the hosting of research, training, counseling, and community service activities;
B. improving the capabilities of the apparatus and the means of plant-benihan support;
., c. the improvement of the climate that drives the role as well as the organization of the profession in the field of plant benihan plants.
Section 45
.,, (1) The Minister gives the award to the inventor of superior varieties and or technology in the field of benihan.
.,, (2) Further provisions concerning the awarding of the award as referred to in paragraph (1) are governed by the Minister.
Section 46
.,, (1) In order to exercise oversight duties in the field of the plant benihan plant, the Minister raised the seed supervisor.
.,, (2) the Minister sets the seed supervising requirements as referred to in paragraph (1).
.,, (3) The seed supervisor as referred to in verse (1) may also be appointed as Investigator Civil Servant as referred to in Article 59 of the Law Number 12 of 1992 on the Plant Cultivation System.
Section 47
(1) The seed supervisor as referred to in Article 46 authorized to:
., a., a. conducting an examination of the production process;
., b. conduct an examination of the means and place of storage as well as the way of the bina seed packaging;
c. take seed example for quality check;
D. inspect the manufacturer ' s documents and records, suppliers, and bina seed dealers;
e. conduct an examination of the execution of certification activities;
., f. conduct an examination of the fulfillment of registration requirements, procurement, licensing, certification and registration of bina seed circulation.
., (2) In terms of the seed supervisor have a strong reason that there has been an aberration regarding the quality of the bina seed but it takes time to conduct further research on the results of the examination as referred to in paragraph (1) the seed supervisor It can stop a temporary circulation of bina seeds for at least thirty days.
.,, (3) In terms of the term as referred to in paragraph (2) have been exceeded and no decision has been made regarding any deviation, then the termination act while the circulation of the seed bina by the seed superintendent ends in the law.
.,, (4) In terms of the discovery of the production process, quality standards, certification activities, means and storage and packaging of bina seed, the seed superintendent can propose the withdrawal of the bina seed from circulation to the Minister.
.,, (5) Further provisions of temporary termination as referred to in paragraph (2), are governed by the Minister.
BAB VIII
THE TRANSITION PROVISION
Section 48
.,, (1) The Seed that has passed the certification and circulated before the enactment of this Government Regulation is declared a bina seed under this Government Regulation.
.,, (2) Towards the unreleased variety of breeding results but its seed has been circulated before the enactment of this Government Regulation may be released, if plant breeding organizers apply for the release of varieties to The Minister for the longest period of two years has been told since the rule of the Government.
Section 49
By the expiration of the term of the Government, all provisions of the laws that have existed in the area of the plant that are under the Government Act remain in effect, as long as it is not in conflict with Government Regulation. this or not yet set a successor on the basis of this Government Regulation.
BAB IX
CLOSING PROVISIONS
Section 50
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on December 30, 1995
PRESIDENT OF THE REPUBLIC OF INDONESIA
SUHARTO
Promulgated in Jakarta
on December 30, 1995
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA
MOERDIONO
