Government Regulation Number 44 1995

Original Language Title: Peraturan Pemerintah Nomor 44 Tahun 1995

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f16ad3490b855313231383439.html

PP 44-1995 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 85, 1995 (Additional explanation in the State Gazette of the Republic of Indonesia Number 3616) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 44 in 1995 ABOUT PERBENIHAN PLANTS, PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that the seed of the plant is one of the means of cultivating plants that had a very decisive role in an attempt to increase the production and the quality cultivation of the plant that will ultimately increase farmer income and welfare society Therefore, the system perbenihan the plant should be able to ensure the availability of quality seed adequately and continuously;
.,, b. that the germplasm is a very fundamental element in plant breeding activity and has a very decisive role for obtaining good quality seed germplasm preservation, so that is a national wealth needs to be improved to support the business development of cultivation;
.,, c. that based on consideration of items a and b, as the implementation of Act No. 12 of 1992 about the Cultivation System was seen to need to set up the plant in the perbenihan Government regulations;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of 1945;
., ,2. Act No. 5 of 1967 of the staple provisions of forestry (State Gazette in 1967, no. 8, Extra Sheets State number 2823);
., ,3. Act No. 4 of 1982 concerning the provisions of principal environmental management (State Gazette No. 12, in 1982, an additional State Gazette Number 3215);
., ,4. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (State Gazette Number 49 in 1990, additional State Gazette Number 3419);
., ,5. Act No. 12 of 1992 about the Cultivation System (State Gazette Number 46 in 1992, State Gazette Supplementary Number 3478);
., ,6. Act No. 16 of 1992 about the Quarantine of animals, fish and plants (State Gazette Number 56 in 1992, an additional Sheet country number 1111);
Decide: define: GOVERNMENT REGULATION of PERBENIHAN plants.

CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is:.,, 1. Perbenihan plant is everything associated with the procurement, management and circulation of seeds of plants.
., ,2. Germplasm is the substance contained in a group of sentient life, and is a source of properties can be utilized and developed or assembled to create the kind of new cultivars or superior.
., ,3. Habitat the plant is environment where plants can live and evolve naturally.
., ,4. Plant breeding is a series of activities to maintain the purity of type and or varieties of existing or produce new varieties or types and better.
., ,5. Varieties are part of a type that is marked by the forms of plants, growth, leaf, flower, fruit, seeds, and other properties can be distinguished in the same type.
., ,6. Seed plant hereinafter referred to as the seed, the crop or any part thereof is used to reproduce and or mengembangbiakkan plants.
., ,7. Bina is the seed of the seed varieties that have been removed in the production and sale is regulated. 8. the Minister is the Minister responsible in the field of perbenihan plants.

Article 2 the settings of Perbenihan plant aims:.,, a. guarantee the quality of the seed needs be met adequately and continuously; b. ensure the preservation of germplasm and its utilization.

GERMPLASM CHAPTER II article 3, (1) germplasm is controlled by the State, and utilized for the prosperity of the people of sebesar-besar.
.,, (2) all activities that directly or indirectly can destroy or harm the preservation of germplasm, is prohibited.
Article 4 the search, collection, and preservation of germplasm can be done inside or outside, and Habitat.

Article 5, (1) the Government is conducting the search, collection, utilization, and/or preservation of germplasm.
.,, (2) the search and collection of germplasm or can be done by individual citizens or legal entities Indonesia Indonesia with the permission of the Minister.
.,, (3) the search and collection of germplasm or referred to in subsection (2) only for the purposes of plant breeding.
.,, (4) the search and collection of germplasm or referred to in subsection (1) and paragraph (2) may also be carried out in the framework of research cooperation with foreign parties in accordance with applicable legislation.
.,, (5) and search Activities or the collection of plant germplasm protected must first get permission from the Minister: a protected plant.
.,, (6) further Provisions regarding the permissions referred to in subsection (2), set by the Minister.
Section 6.,, (1) the search and collection of germplasm or inside or outside of its Habitat have to do with keeping germplasm preservation and the environment.
.,, (2) in carrying out the activities of search and or the collection of germplasm must be accompanied by the designated officer.
.,, (3) the search results and or the collection of germplasm reported and handed over in part to the Minister responsible in the field of perbenihan plants.
.,, (4) for the purposes of preservation of germplasm search results and or the collection referred to in paragraph (3), the Government formed the Germplasm Bank.
.,, (5) further Provisions regarding the reporting and submission as well as Germplasm Bank referred to in subsection (3) and subsection (4), administered by the Minister.
Article 7 for the purposes of preservation of germplasm, the Minister establishes a limited population of plants.

Article 8.,, (1) the Government carry out steps the germplasm preservation is limited, and the population was menggandakannya in the agroklimatnya accordingly.
.,, (2) further Provisions regarding the multiplication of germplasm as mentioned in subsection (1), arranged by the Minister.
Article 9.,, (1) for the purposes of germplasm preservation, the Government give tagging.
.,, (2) every person is obligated to safeguard and secure the germplasm has been given a sign referred to in subsection (1).
.,, (3) further Provisions regarding labelling germplasm as mentioned in subsection (1), arranged by the Minister.
Section 10.,, (1) for the purposes of preservation of germplasm, the Minister with the approval of President designate certain areas as Habitat.
.,, (2) change the allocation area germplasm habitats referred to in subsection (1), established by the Minister with the approval of the President.
.,, (3) change the designation of habitat area germplasm as mentioned in subsection (2), cannot be carried out, in which case there is no appropriate replacement habitat for such germplasm.
.,, (4) the parties concerned with changes in habitat area germplasm provisions referred to in subsection (2), should provide appropriate habitat areas and moving into the area of germplasm in question under the supervision of the Minister.
.,, (5) further Provisions about the transfer of germplasm as mentioned in subsection (4), administered by the Minister.
Section 11.,, (1) preservation of germplasm outside its Habitat was conducted in the form of collection and gardens or place of storage.
.,, (2) collection and Gardens or place of storage referred to in subsection (1) may be held by individuals, legal entities or the Government.
.,, (3) farm and collection or storage of germplasm held by individuals or legal entities and is obligated to be registered with the Ministry.
.,, (4) when the collection and Gardens or storage of germplasm held individuals or legal entities be modified allocation, should be reported to the Minister at least six months in advance.
.,, (5) the provisions on registration and reporting procedures referred to in subsection (3) and subsection (4), administered by the Minister.
Article 12.,, (1) for the purposes of plant breeding, the Government can make use of the germplasm collection and gardens or storage areas belonging to individuals or legal entities by providing reasonable reward.
.,, (2) if in the garden collection and storage areas or belonging to individuals or legal entities there is a population of germplasm the foliage is limited, the Government can make use of them for the benefit of cloning without giving in return.
Article 13.,, (1) farm and collection or storage of germplasm held by the Government, established by the Minister.
.,, (2) change the allocation of the garden collection and germplasm storage or place referred to in subsection (1), established by the Minister.
.,, (3) having regard to the provisions of article 10, the Minister may set the garden collection held by the Government as a habitat area of germplasm.
Clause 14.,, (1) the germ of plasama Expenditure of the Republic of Indonesia only for purposes of research in order to plant breeding and germplasm exchange basis.
.,, (2) the Minister establishes the types of plants that plasma nutfahnya can be issued from the territory of the Republic of Indonesia.
.,, (3) germplasm Expenditure referred to in subsection (1) is done by the Minister.
.,, (4) further Provisions regarding spending and germplasm exchange referred to in subsection (1) is set by the Minister.
INTRODUCTION CHAPTER III Article 15.,, (1) the introduction from abroad is done in the form of seed or parent material and is only done when seed or material they do not yet exist in the territory of the Republic of Indonesia.

.,, (2) the introduction of seed or parent material referred to in subsection (1) may be made by Governments, individuals or legal entities.
.,, (3) the party performing the introduction of seed or parent material referred to in subsection (1), obliged to report and hand over a portion of the results of the introduction to the Minister.
.,, (4) further Provisions regarding the procedures for the reporting and submission referred to in subsection (3), set by the Minister.
Article 16.,, (1) the introduction of seeds or stem material from abroad is carried out in a number of plant breeding needs.
.,, (2) further Provisions on the amount referred to in subsection (1), arranged by the Minister.
Article 17.,, (1) Seed introduced from abroad must be equipped with a description of the variety or varieties of the relevant authorities in the country of origin.
.,, (2) the description referred to in subsection (1) at least contain information on the results of the power, the power of adaptation, as well as resistance to pest organisms in plants.
CHAPTER IV TESTING and RELEASE of the first part of the Test VARIETIES Article 18.,, (1) superior Varieties derived from the varieties of local varieties that are new or have a high potential.
.,, (2) against the new varieties or varieties of local test should be conducted before adaptations were declared superior varieties. (3) Test the adaptation for Annual crops, can be done by way of observation.
.,, (4) Test the adaptation or the observation undertaken by designated government agencies or organizers of breeding based on the requirements set out.
.,, (5) test requirements for adaptations or observations referred to in paragraph (3) and subsection (4), as well as further defined its supervision by the Minister.
Section 19.,, (1) against the test results of adaptation or observation as referred to in article 18, the assessment should be conducted by experts appointed Minister.
.,, (2) new varieties or local varieties that pass the assessment referred to in subsection (1) is expressed as the superior varieties.
.,, (3) the provisions on the procedures of the assessment referred to in subsection (1), arranged by the Minister.
Article 20 Towards varieties that are strongly influenced by the development of consumer taste, the Minister may exempt from having to test adaptations or observation and assessment referred to in Article 18 and article 19.

The second part of the release clause 21 Varieties of seeds of superior varieties can only be released after being removed by the Minister.

Section 22.,, (1) the release of superior varieties referred to in Article 21 could be made only when the amount of seed available for further production.
.,, (2) the release of superior varieties made on the petition for the Organization of plant breeding.
.,, (3) further Provisions regarding the release and discharge petition procedures referred to in subsection (1) and paragraph (2), set by the Minister.
Article 23.,, (1) Seed introduced from abroad as stipulated in article 15 paragraph (1), if it would be released, the first varietasnya should be removed by the Minister.
.,, (2) release of the varieties referred to in subsection (1), performed in the variety has passed the test of adaptability or observation and assessment referred to in Article 18 and article 19.
Article 24 superior varieties of Seeds that are not yet released is not a seed of bina.

Article 25.,, (1) the Minister is performing periodic assessments against a variety that has been removed.
.,, (2) the Minister may prohibit the procurement, circulation, and planting the seeds of varieties on the basis of the assessment referred to in subsection (1) it turned out to be a loss for the community, cultivating crops, other natural resources, and or the environment.
Chapter V PROCUREMENT and CIRCULATION of SEEDS BINA first part Procurement Article 26.,, (1) the procurement of seed development in the country is done through domestic production or income from abroad.
.,, (2) the procurement of seed development referred to in subsection (1) done by individuals, legal entities or Government agencies.
Article 27 individuals, legal entities or Government agencies that will produce seeds bina on certain business must first get permission from the Minister.

Article 28.,, (1) permission is given only when individuals, legal entities or Government agencies as referred to in article 27 to be eligible:.,, a. have adequate means, and b. have skilled.
.,, (2) the Minister is doing a periodic assessment against the requirements referred to in subsection (1).
.,, (3) If on the basis of the assessment referred to in subsection (2) it turns out that the requirements referred to in subsection (1) are not met yet, then the Minister may revoke a permit referred to in article 27.
.,, (4) further Provisions regarding the procedures for pemeberian permission, valuation, and revocation referred to in subsection (2) and paragraph (3) is set by the Minister.
Article 29.,, (1) in order to control the fulfillment of the needs of community development, seed seed infusion into the territory of the Republic of Indonesia is carried out with the permission of the Minister.
.,, (2) the ingestion of the seeds referred to in subsection (1) is only done when the seed can be produced domestically or there is not enough inventory.
.,, (3) the seed referred to in subsection (2) must meet the standards of the quality of the seed community.
.,, (4) in the event that there is no standard quality seed bina as mentioned in paragraph (3), seed quality standards referred to in subsection (2) is designated by the Minister.
.,, (5) the Minister establishes the types and amount of seed requirements referred to in subsection (2).
Article 30.,, (1) the manufacturer of seed development in domestic and overseas seed supplier, responsible for truth of the quality of seed produced or dipasoknya according the description listed on the label, as well as convene the administrative activities of the production or distribution.
.,, (2) the provisions on the Organization of Administration referred to in subsection (1) is set by the Minister.
The second part of certification article 31 (1) the Minister establishes quality standards for each type of seed development.
.,, (2) in the case of seed development consists of more than one class, the setting of quality standards is carried out for each class of each type.
Article 32 the bina would be released Seed must meet the quality standards specified by the Minister.

Article 33,, (1) to meet the standards of quality set, seed production has to go through the certification community include:.,, a. examination of:.,, 1. the truth of the seed source or the parent tree;

2. petanaman and pertanaman;

3. isolation plant so as not to cross the wild occurred;

4. harvest and seed processing tools;

5. tercampurnya seed.
.,, b. laboratory testing to test the quality of the seed covering quality of physical, physiological and genetic. c. oversight of the installation of the label.
.,, (2) further Provisions regarding the procedures for the certification referred to in subsection (2), set by the Minister.
Article 34.,, (1) the Minister may designate a specific seed entered from abroad who do not need through the activities of the inspection as referred to in article 33 paragraph (1) letter a. (2) against the seed referred to in subsection (1) must be:.,,.,, a. carried out laboratory testing to test the quality of the seed covering quality of genetic, physiological and physical; b. supervision of fitting label.
.,, (3) Testing laboratory to test the genetic quality of the seed as referred to paragraph (2) letter a does not need to be done, if the genetic quality of seed varieties is not testable in laboratoris.
Article 35.,, (1) the certification as stipulated in article 33 paragraph (1) or laboratory testing and oversight of the installation of the labels referred to in Article 34 paragraph (2) is conducted by a government agency appointed by the Minister.
.,, (2) the Minister may grant permission to a particular legal entity to perform laboratory testing and certification or installation supervision label referred to in subsection (1).
.,, (3) the petition to get the permission referred to in subsection (2) is filed in writing to the Minister.
.,, (4) permission is given only when a legal entity referred to in subsection (2) to be eligible.
.,, a. has a skilled; and b. have the means of inspection and testing is required.
.,, (5) if based on the assessment of the requirements is not met, then the petition is denied.
.,, (6) the refusal referred to in subsection (5) is done in writing accompanied by the reason.
.,, (7) the provisions on licensing referred to in subsection (3) and subsection (4) by the Minister.
Article 36.,, (1) Government agencies and legal entities that conduct certification as stipulated in article 33 paragraph (1) be responsible for the correctness of the implementation and results of the certification.
.,, (2) Government agencies and legal entities who perform laboratory testing and oversight of the installation of the labels referred to in Article 34, paragraph (2) be responsible for the correctness of the implementation and the results of laboratory testing and installation of the label.
Article 37.,, (1) the Minister is doing an assessment at regular intervals against the results of the certification referred to in Article 33 paragraph (1) or laboratory testing and oversight of the installation of the labels referred to in Article 34 paragraph (2).
.,, (2) the Minister may cancel the certificate or the results of the laboratory testing and installation of labels and bans the circulation of seed as a seed bina, when it is evident that certification or laboratory testing and oversight of the installation of the label are not done in accordance with the provisions referred to in Article 33 paragraph (1) or article 34 paragraph (2).

.,, (3) further Provisions concerning the assessment of the result of certification or laboratory testing and surveillance [installation label referred to in subsection (1) and the cancellation of the certificate or the results of the laboratory testing and oversight of the installation of the label referred to in subsection (2) is set by the Minister.
The third part of the cycle of article 38 of the seed which would be released a mandatory community development be labeled.

Article 39.,, (1) circulation of seed within the community land undertaken by government agencies, private individuals or legal entities.
.,, (2) Government agencies, individuals and legal entities referred to in subsection (1) must register its activities to the Minister.
.,, (3) to be able to be a hustler bina seeds referred to in subsection (1), the following requirements must be met:.,, a. have knowledge in the field of perbenihan plant;

b. have storage facilities; and c. organizes the Administration about seeds that were released.
Article 40 (1) a mandatory community development seed quality Dealers keep seed bina released.
.,, (2) the care of the quality of the seed community development referred to in subsection (1) is carried out in accordance with the requirements regarding the packaging, storage, transport, and the shelf-life of the seed community.
.,, (3) further Provisions concerning packing, storage and transport as mentioned in subsection (2) is set by the Minister.
CHAPTER VI Article SEED 41. EXPENSES, Expenditures, (1) the seed of community development of the Republic of Indonesia can be done by government agencies, individual or legal entity with the permission of the Minister.
.,, (2) the petition to get the seed spending community development permit asked in writing to the Minister.
.,, (3) further Provisions regarding the permissions referred to in subsection (2), set by the Minister.
Article 42.,, (1) the permit referred to in Article 41 paragraph (1) may be granted if the seed spending do not interfere with the preparation of the seed community development within the country.
.,, (2) the Minister establishes the number of types or varieties and seeds of bina that can be expelled from the territory of the Republic of Indonesia.
Article 43 (1) Dispensing certain plant seeds from the seed must be a hybrid.
.,, (2) the Minister establishes a certain kind of plant referred to in subsection (1).
CHAPTER VII CONSTRUCTION and SUPERVISION Article 44 the Minister doing the coaching in the field of perbenihan plants, which include:.,, a. conducting research activities, training, counseling, and community service; b. upgrade apparatus and facilities supporting the plant perbenihan;., c. climate that encourages an increase in the role and professional organizations in the field of perbenihan plants.
Article 45.,, (1) the Minister giving the prize to the inventor of superior varieties and or technology in the field of perbenihan.
.,, (2) further Provisions regarding the granting of the award referred to in subsection (1) is set by the Minister.
Article 46.,, (1) in the framework of the implementation of the supervisory tasks in the field of perbenihan plants, the Minister appoint trustees seeds.
.,, (2) the Minister establishes supervisory requirements of the seed referred to in subsection (1).
.,, (3) the supervisor of the seeds referred to in subsection (1) may also be appointed as a civil servant Investigators as stipulated in article 59 of the Act No. 12 of 1992 about the Cultivation System.
Article 47 (1) the supervisor of the seed referred to in Article 46 are authorized to:.,, a. perform examination of production processes;.,, b. conduct the examination of the means and place of storage as well as ways of packaging the seed of community development; c. sample quality checks in order to seed;

d. check the documents and records of manufacturers, suppliers, seed dealers and community development;

e. conduct the examination of the implementation of the certification activities;., f. perform the examination of eligibility for registration, procurement, licensing, certification and registration of seeds & circulation.
.,, (2) in the case of Trustees of seeds has a compelling reason that there had been irregularities concerning the quality of the seed community but take time to do more research over the results of the examination referred to in subsection (1) the Superintendent may suspend the circulation of seed seed bina for longest thirty days.
.,, (3) in terms of the time period referred to in subsection (2) has been exceeded and yet there is a decision on the existence of irregularities, then the actions of the temporary suspension of the circulation of the seed community development by supervisors seed ended in favor of the law.
.,, (4) in the event that found penyimpanganmengenai production processes, quality standards, certification activities, means and place of storage as well as ways of packaging the seed of bina, trustees can propose the withdrawal of seed seed bina from circulation to the Minister.
.,, (5) further Provisions regarding temporary suspension referred to in subsection (2), set by the Minister.
CHAPTER VIII TRANSITIONAL PROVISIONS Article 48.,, (1) seeds that have passed the certification and circulated prior to the enactment of government regulation is stated as a seed bina based on government regulations.
.,, (2) against the results of the breeding of varieties which have not been released but the seed had been circulated prior to the enactment of government regulation can be done, if the release of plant breeding organizers apply for a waiver to the Secretary of varieties within a period of not longer than two years counted since the entry into force of this Regulation.
Article 49 with the introduction of government regulations, then all provisions of existing Legislation in the field of perbenihan plants are promoted under the Government regulations continue to apply, as long as not contrary to the rules of this Government or its successor has not been established on the basis of this Regulation.

CHAPTER IX PROVISIONS COVER article 50 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 December 30, 1995 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on December 30, 1995 MINISTER of STATE SECRETARY of STATE MOERDIONO of INDONESIA