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Act No. 20 2014

Original Language Title: Undang-Undang Nomor 20 Tahun 2014

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(3) The national policy of Standardization and The Fitness Assessment as referred to in paragraph (1) and paragraph (2) is compiled by the BSN based on the national development plan.

(4) The national policy of Standardization and the Assessment of Conformity as referred to in paragraph (3) is set by minister who coordinates.

Section 6

The national policy of Standardization and the Assessment of the Agreement as contemplated in Section 5 becomes the basis in the planning, formulation, assignment, application, treatment, maintenance and SNI supervision as well as the activities of the Assessment Act.

Article 7

Policy National Standardization and Assessment of the Agreement as referred to in Article 5 is mandatory for the Standardization policy and the Assessment of Conformity in each sector.

BAB II

INSTITUTIONAL

Article 8

(1) The Government Perform tasks and responsibilities in the field of Standardization and Assessment.

(2) The duty and responsibility in the field of Standardization and the Assessment of the Agreement as referred to in paragraph (1) is exercised by BSN.

(3) BSN is based below and is responsible to the President through the minister who coordinates.

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(4) Further provisions regarding the organization's formation, duties, and functions of the BSN are governed by the Presidential Regulation.

Article 9

(1) The Government carries out the duties and responsibilities in the field of Accreditation of LPK.

(2) The task and responsibility in the field of LPK Accreditation as referred to in paragraph (1) is exercised by KAN.

(3) is located below and is responsible to the President via the BSN Chief.

(4) Further provisions on the formation of organizations, tasks, and functions are governed by the President's Rule.

BAB III

STANDARDIZATION

Part Kesatu

Planning

Section 10

(1) Planning The SNI formulation is compiled in a PNPS.

(2) The PNPS as referred to in paragraph (1) contains the SNI formulation program with the title SNI that will be formulated with its consideration.

(3) PNPS as referred to in paragraph (1) is drawn up with regard to:

a. national policy of Standardization and Assessment of Conformity;

b. consumer protection;

c. market needs;

d. the development of international Standardization;

e. regional and international deals;

f. Science and technology capabilities;

g. life of flora, fauna, and environment;

h. the capabilities and needs of the domestic industry;

i. religious belief; and

j. Local culture and wisdom.

(4) The drafting of the PNPS as referred to in verse (3) is performed annually by BSN together with the Importance.

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(5) In order to improve the quality of goods and/or regional seed services, the Local Government may submit a SNI formulation plan to the BSN.

(6) PNPS as referred to in paragraph (1) is defined with the BSN Chief Decision.

Article 11

Further provisions regarding planning are set up with or based on Government Regulation.

Second Section

Perumusan

Article 12

(1) SNI formulation is based on PNPS as intended in Article 10.

(2) The SNI formulation as referred to in paragraph (1) is performed with regard to effective and efficient completion time.

(3) In terms of extraordinary circumstances or occurrence of natural disasters, or for the benefit of national, ministry and/or non-ministry government agencies may propose perumusan SNI which is not included in PNPS in the running year.

(4) The proposal of the SNI formulation as referred to in verse (3) is delivered to the BSN with a supportive explanation.

Article 13

(1) The SNI is formulated with the concern for the availability of resources, national interest, research, innovation, and/or experience.

(2) In terms of international standards, the SNI is formulated in harmony with international standards through:

a. adoption of international standards by considering national interests to face global trade; or

b. The international standard modification is tailored to differences in climate, environment, geology, geographic, technological capabilities, and other specific conditions.

(3) For national interest, the SNI can be formulated not to align with international standards.

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Article 14

(1) SNI perumusan is exercised by BSN.

(2) The results of SNI perumusan as referred to in paragraph (1) of the SNI design.

(3) In carrying out SNI formulation as referred to in paragraph (1), BSN forms a technical committee.

(4) The technical committee as referred to in paragraph (3) consists of the element:

a. Government and/or Local Government;

b. The offender and/or related association;

c. consumer and/or related association; and

d. expert and/or academic.

(5) The formation and scope as well as the technical committee membership and membership arrangement is set with the BSN Chief Decision.

Article 15

(1) BSN performs a poll over the draft SNI as referred to in Article 14 of the paragraph (2) formulated by the technical committee.

(2) The society may provide input to the SNI design as referred to on verse (1).

(3) Input as referred to in paragraph (2) may be a consideration material for the technical committee.

Article 16

Further provisions on the formulation are set with or under Government Regulation.

The Third Part

The penetration

Article 17

The SNI design as referred to in Article 14 of the paragraph (2) is set to be SNI with the BSN Chief Decision.

Article 18

SNI as referred to in Article 17 is published through the Standardization information system and the Assessment of Conformity.

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Article 19

(1) Everyone is prohibited from forging SNI or making fake SNI.

(2) Everyone is prohibited from multimaking, selling it, or deploying SNI without the BSN approval.

Fourth Quarter

Implementation and Treatment

Paragraph 1

General

Article 20

(1) The SNI Application is performed by applying SNI requirements to Goods, Services, Systems, Processes, or Personal.

(2) The application of the SNI as referred to in paragraph (1) is voluntary or conscientiously enforced.

(3) The SNI Application as reoth from aspects of safety, security, health, and preservation of the environment function; and

c. increasing certainty, agility, and the efficiency of the trade transactions of Goods and/or Services in the country and abroad.

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Section 4

Standardization and Assessment Act applies to Goods, Services, Systems, Processes, or Personal.

Section 5

(1) The National Policy of Standardization and the Assessment of Conformity includes aspects legality, institutional, rule, and guideline.

(2) The national policy of Standardization and Assessment of the Agreement as referred to in paragraph (1) set the foundation of the plan for the implementation of the Standardization activities and the Assessment of the Conformity to My Deliverance. Interest in participaferred to in paragraph (2) is attested through the possession of the certificate and/or the recurrence of the SNI Marks and/or Sign Suitability.

Paragraph 2

Voluntary SNI Application

Article 21

(1) the SNI may be applied voluntarily by the Perpetrator, the ministry and/or non-ministry government agencies, and/or the Local Government.

(2) Perpetrators, ministries and/or non-ministry government agencies, and/or The Local Government that has been able to apply SNI can apply Certification to the LPK which has been accredited by KAN.

(3) the LPK that has been accredited by KAN provides a certificate to the certificate applicant.

Section 22

(1) The offender who has obtained the certificate is obligated to cure the SNI and/or the corresponding Mark of the Item and/or packaging or labeling.

(2) The Perpetrator as referred to in paragraph (1) is prohibited:

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a. add the SNI and/or the Concurrent Mark on the Goods and/or packaging or labels beyond the provisions specified in the certificate; or

b. grow a different SNI number with an SNI number in its certification.

(3) The Perpetrator Who Applies The SNI is voluntarily a certificate and has expired, revoked, or frozen its certification is prohibited. The SNI and/or the Sign of the Agreement on Goods and/or packaging or labeling.

(4) Unlawful Offenders of the provisions as referred to in paragraph (1), paragraph (2), or paragraph (3) are subject to administrative sanction.

(5) The provisions of the order are subject to the terms of the Agreement. method of imposition and type of administrative sanction is set with or by Regulation Government.

Article 23

Further provisions on the application of the SNI voluntarily set with or under Government Regulation.

Paragraph 3

The SNI Treatment of the SNI

Article 24

(1) In terms of relating to the interests of safety, security, health, or preservation of the function of the living environment, the ministry/agency of the non-ministry of authority establishes the treatment of the SNI in conscription with the Regulation of the Minister or the Rule of Institute of Nonministerial Government.

(2) Perpetrators, ministries/agencies the non-ministerial government, and/or the Local Government are required to implement the Ministerial Regulation or the Regulation of the Non-ministerial Government Institution on the mandatory SNI treatment.

Article 25

(1) Perpetrators, Ministries, agencies The non-ministerial government, and/or the Local Government must have the mandatory SNI certificate as specified in Section 24 of the paragraph (1).

(2) Offenders who do not have a certificate or have a certificate referred to in paragraph (1) but expire, temporary freeze, or revocation are prohibited:

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a. trade or distribute the goods;

b. provide Services; and/or

c. running the Process or System,

that does not match SNI or SNI numbering.

(3) The offender who has a certificate as referred to in paragraph (1) is prohibited:

a. trade or distribute the goods;

b. provide Services; and/or

c. running the Process or System,

that does not match SNI or SNI numbering.

(4) The importing of goods is prohibited from trading or distributing goods that do not comply with the SNI or SNI numbering.

Section 26

(1) Any person without rights is prohibited from using and/or heals the SNI and/or Mark Marks.

(2) Any person is prohibited from faking the SNI and/or the Sign of the Agreement or making the SNI Mark and/or the Fake matching tags.

Fifth Section

Maintenance

Article 27

SNI Maintenance is performed for:

a. maintain SNI ' s suitability against national interests and market needs;

b. following the development of science, innovation, and technology;

c. assess its feasibility and performance; and

d. ensuring the availability of SNI.

Article 28

(1) The SNI Maintenance as referred to in Section 27 may be performed via the SNI review.

(2) The SNI reaji as referred to in paragraph (1) is performed at least 1 (one) times in 5 (five) years after it is set.

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(3) Further provisions on the SNI reorder method are set up with the BSN Chief Regulation.

Sixth Section

Research and Development

Section 29

In order of planning, formulation, application and enforcement, as well as the maintenance of SNI, BSN and/or other non-ministerial government ministries/agencies Together or alone can conduct Standardization research and development activities.

BAB IV

ASSESSMENT OF SUITABILITY

SECTIONS

FITNESS ASSESSMENT ACTIVITIES

SECTION 30

(1) FULFILLMENT against the requirements of the SNI as evidenced by the activities of the Assessment Act.

(2) The activities of the Fitness Assessment as referred to in paragraph (1) are conducted through testing, inspection, and/or Certification.

Section 31

(1) Testing as referred to in Section 30 of the paragraph (2) is an activity to establish 1 (one) or more characteristic of materials or processes based on SNI.

(2) In terms of SNI as referred to in paragraph (1) unassigned or for national interest, testing may use another standard.

(3) The test results as referred to in paragraph (1) are stated in the form of a report or testing certificate.

Section 32

(1) The Inspection as referred to in Section 30 of the paragraph (2) is the examination activity of the Goods, Services, Processes, or installation or any of its designs as well as its compliance with respect to the Certain requirements are based on SNI.

(2) In terms of SNI as referred to in paragraph (1) not yet specified or for national interest, inspection may use regulation and/or other standards.

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(3) The inspection results as referred to in paragraph (1) are expressed in the form of an inspection report or certificate.

Article 33

(1) Certification as referred to in Section 30 of the paragraph (2) may be Goods Certification, Service Certification, System certification, Process Certification, Personal Certification, and Other Certification are intended to state the suitability of the SNI.

(2) In terms of SNI as referred to in paragraph (1) not specified or for national interest, Certification may be performed under regulation and/or other standards.

(3) Certification results as referred to in paragraph (1) expressed in the form of a certificate of fitness.

(4) The certificate of suitability as referred to in paragraph (3) may be based on audit reports, test reports, and/or inspection reports.

Section 34

testing activities, inspection, and Certification is executed in accordance with the requirements of thign that does not comply with the certificate on the goods and/or the packaging or the label that is circulating on the market,

to the non-ministry/non-ministry government ministries, the Local Government, the law enforcement apparatus, and/or related institutions.

BAB VII

COACHING

Article 53

(1) BSN works in conjunction with the ministry, other non-ministerial government agencies, and/or the Local Government to conduct coaching on the Perpetrator and Public in the application of SNI.

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(2) Against Microand Small Business Offenders, is granted the least coaching of Sertification and Certification financing facilities.

(3) Certification financing facility and The maintenance of the Certification as referred to in paragraph (2) is derived from the State Revenue and Shopping Budget.

Article 54

BSN, ministry, other non-ministerial government agencies, and/or the Local Government can conduct coaching and the development of the LPK with regard to market and community needs.

Article 55

The coaching as referred to in Article 53 and Section 54 is conducted with the consultation, education, training, or correctional corrective and Assessment of the Agreement as well as the development of Standard culture.

Article 56

BSN, ministries, other non-ministerial government agencies, educational institutions, regional and international standardization organizations, and/or the Local Government may host increased human resources competency in the field of Standardization and Assessment Compatibility.

Section 57

Further provisions About coaching is set up with or under Government Regulation.

BAB VIII

SUPERVISION

Section 58

(1) The Oversight on Goods, Services, Systems, Processes, or Personal is required by SNI as applicable referred to in Section 24 performed in accordance with the provisions of the invite-invite rule.

(2) the Ministry, non-ministry government agencies, and/or the Regional Government are coordinating to conduct oversight of Goods, Services, Systems, Process, or Personal that has certificates and/or uses the SNI Mark and/or Sign of Conformance.

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BAB IX

STANDARDIZATION INFORMATION SYSTEM AND FITNESS ASSESSMENT

Article 59

(1) BSN manages the Standardization information system and the Assessment of Conformity.

(2) BSN in managing the system Standardization information and the Assessment of the Agreement as referred to in paragraph (1) may request data and/or information in the field of Standardization and Assessment of the Agreement to Importance.

(3) The Interests of Interests deliver the data and/or information as referred to in paragraph (2) through the information system Standardization and Assessment of the Agreement.

(4) The BSN provides access to the Standardization information system and the Assessment of Conformity as referred to in paragraph (1) for the society.

(5) The Standardization Information System and the Assessment of Conformity as referred to in paragraph (1) is integrated with the ministerial information system, non-ministerial government agencies, and the Local Government.

Section 60

(1) BSN through the Standardization information system and the Assessment of the Concurrent publishing the specified SNI information.

(2) The provisions of the the publication of the SNI information through the Standardization information system and the Assessment of the Agreement as referred to in paragraph (1) is governed by the BSN Chief Regulation.

Section 61

The data and Standardization information and the relevant Assessations published through the Standardization information system and the Concurrent Assessment are open and transparent in accordance with the laws, except Another determined by the BSN Chief.

BAB X

CRIMINAL provisions

Article 62

Any person who falsified the SNI or made a false SNI as referred to in Article 19 of the paragraph (1) is convicted of the longest prison criminal 7 (seven) year or criminal of the most fines A lot of Rp50,000.000.00 (fifty billion rupiah).

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Article 63

Any person who intentionally complies, buys it, or deployors a SNI without the BSN approval as referred to in Article 19 of the paragraph (2) is being convicted of the longest prison criminal (four) months or penal fines of the most Rp4,000.000.00 (four billion rupiah).

Section 64

Any person who intentionally:

a. add the SNI and/or the Concurrent Mark on the Goods and/or packaging or labels beyond the provisions specified in the certificate; or

b. grow a different SNI number to the SNI number on its certification,

as referred to in Article 22 of the paragraph (2) is being convicted of a prison criminal for the longest 4 (four) months or criminal fines of the most Rp4,000.000.00 (four billion rupiah).

Section 65

Any person who does not have a certificate or has a certificate but expires, is temporarily frozen, or is revoked by accident:

a. trade or distribute the goods;

b. provide Services; and/or

c. run Process or System,

which does not comply with the SNI or the SNI numbering as referred to in Article 25 of the paragraph (2), being convicted of the longest prison criminal 5 (five) years or criminal fines At most Rp35,000.000.00 (thirty-five billion rupiah).

Section 66

Each person who has a certificate is purposefully:

a. trade or distribute the goods;

b. provide Services; and/or

c. run Process or System,

which does not comply with the SNI or the SNI numbering as referred to in Article 25 of the paragraph (3) to be criminalised with a prison criminal for at least 5 (five) years or criminal fines of the most A lot of Rp35,000.000.00 (thirty-five billion rupiah).

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Section 67

Any person who imports goods that intentionally trades or circulate items that do not comply with the SNI or the SNI numbering as referred to in Article 25 of the paragraph (4) is convicted with a prison criminal at most 5 (five) years or criminal fines of the most Rp35,000.000.00 (thirty-five billion rupiah).

Section 68

Any person without the right to use and/or make the SNI Mark and/or the Sign of the Agreement as referred to in Article 26 of the paragraph (1) is being convicted of the longest prison criminal 5 (five) years or criminal of the fine A lot of Rp35,000.000.00 (thirty-five billion rupiah).

Section 69

Any person who falsified the SNI and/or the Sign of the Agreement or made the SNI and/or False Sign of the Agreement as referred to in Article 26 of the paragraph (2) is convicted of the longest prison criminal 7 (seven) years or criminal fines at most Rp50,000.000.00 (fifty billion rupiah).

Section 70

Any person who intentionally:

a. published the logo of the logo as referred to in Article 37 of the paragraph (1);

b. publish a certificate to a certificate applicant whose goods, Services, Systems, Processes, or Services do not comply with the SNI as referred to in Section 37 of the paragraph (2); or

c. publish a certificate outside of the scope of the Accreditation. as referred to in Article 37 of the paragraph (3);

criminalised with a prison criminal of at least 5 (five) years or criminal fines of the most Rp35,000.000.00 (thirty-five billion rupiah)