Advanced Search

Act No. 9 Of 2008

Original Language Title: Undang-Undang Nomor 9 Tahun 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
lementation of this Act.
., 18. Importers are each person who includes the list of chemical materials and lists of non-registered discrete organic chemicals from abroad.
., 19. The International Inspection Team is a team charged by the Organisation for the Prohibition of Chemical Weapons (OPCW) to conduct verification of the declaration.
20. Each person is an individual person or includes a corporation.
., 21. Corporations are venture-shaped business activities or legal entities.
., 22. The Minister is the minister who handles the affairs of government in the industrial field.

Section 2
.,, (1) The arrangement regarding the use of chemicals and the prohibition of the use of chemicals as chemical weapons is done with regard to principles of safety, security, utilization, and balance.
., (2) The setting up as referred to in paragraph (1) aims to prevent and counteract the misuse of chemicals as chemical weapons.

Section 3
This Act applies to any person who commits a criminal abuse of chemicals as chemical weapons and the use of chemical weapons inside and outside of the country's state of the Republic of Indonesia.

BAB II
THE CLASSIFICATION AND USE OF CHEMICALS

The Kesatu section
The Chemical Materials Classification

Section 4
The chemical consists of:
a. list chemicals; and
B. Nonlist discrete organic chemicals.

Section 5
.,, (1) The list of chemical materials as referred to in Section 4 of the letter a consists of:
., a., a. Chemicals List 1;
B. Chemicals List 2; and
C. Chemical List 3.
.,, (2) The list of chemicals referred to in paragraph (1) is the fixed list of chemicals as set forth in this Attachment that is an inseparable part of this Act.
., (3) The fixed list of chemicals as referred to in verse (2) can be detailed and/or plus on its own list in accordance with the development of science and technology established with the Regulation of Ministers.

Section 6
.,, (1) Non-list discrete organic chemicals as referred to in Article 4 of the letter b may be identified from the chemical name, build formula, or special numbering system (chemical abstract services number), consisting of:
.,
., a., a. compounds that contain carbon elements, except in the form of oxides, sulfides, and carbonate metals; and
., b. The compound referred to in the letter a. which contains elements of phosphorus, sulfur, or fluorine.
., (2) Further provisions on the details of nonlist discrete organic chemicals as referred to in paragraph (1) are specified with the Regulation of the Minister.

The Second Part
The Use Of The Chemicals

Section 7
.,, (1) Any person who produces, owns, stores, transfers, or uses of Chemical Materials List 1 or Chemical Materials List 2 and/or Chemical Materials List 3 is required to have permission.
.,, (2) Activities as referred to in paragraph (1), in particular with the Chemical Materials List of 2 and/or the Chemical Materials List 3, done only for the benefit:
., a., a. industry, agriculture, research, medical, pharmaceutical, or other peaceful purposes;
., b. protection, i.e. for purposes related directly to the protection of facing toxic chemicals or the face of chemical weapons;
., c. defense that is not related to the use of chemical weapons and does not depend on the use of toxic chemicals used as a method of war; or
., d. law enforcement, including in it to address the unrest within the country.
.,, (3) Further provisions on the terms of licensing as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.

Section 8
.,, (1) Any person who transfers the Chemical Materials List 3 to the country is not a party, is required to obtain a final user certificate first issued by a state government agency not a party.
.,, (2) The end user ' s Certificate as referred to in paragraph (1) is excluded for:
.,
., a., a. products containing less than 30% (thirty percent) of Chemical Materials List 3; and
., b. products identified as consumer goods packaged for retail sales are used for personal or packaged purposes for individual purposes.
.,, (3) the end user ' s Certificate as referred to in paragraph (1) at least contains the following items:
.,
., a., a. statement that the Chemical Materials List 3 will only be used for purposes that are not prohibited;
., b. statement that the Chemical Materials List 3 will not be transferred back to the other party;
c. type and amount of Chemical Materials List 3 received by the last user;
D. use of the end of List 3 Chemical Materials to be transferred; and
e. name and complete address of the end users of Chemical Materials List 3.
.,, (4) In terms of the importer of a non-party state and not the end user, the importer is required to list the name and complete address of the end user of the corresponding Chemical Materials List of 3.

Section 9
.,, (1) Any person who makes, manufactures, owns, stores, transfers, or uses Chemical Materials List 1, Chemical Materials List 2, or Chemical Materials List 3 is required to submit a report at least once in a year to the Minister.
.,, (2) Any person who produces non-listed discrete organic chemicals with a limitation of the amount that must be declared mandatory conveyting a report to the Minister.
.,, (3) Any person who has a factory facility producing Chemical Materials Lists 1, Chemical Materials List 2, Chemical Materials List 3, and non-registered discrete organic chemicals are required to submit a report to the Minister.
.,, (4) Further provisions of the manner of reporting as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Government Regulation.

Section 10
.,, (1) In the event of a perpetrator of the activity as referred to in Article 9 of the paragraph (1) of the corporation, the report is required to be signed by the concerned corporation administrator.
.,, (2) Further provisions of the manner of reporting as referred to in paragraph (1) are governed by the Government Regulation.
., 14. Inspection is the implementation of verification, i.e. conducting a direct examination in the field against the declaration stated by the party state.
., 15. A party state is a country that has ratified and accessed the Chemical Weapons Convention and has delivered instruments of ratification and instrument of access to the Secretary General of the United Nations.
., 16. The country is not a country that has not or has not ratified and accessed the Chemical Weapons Convention and has not delivered an instrument of ratification and instrument of access to the Secretary-General of the United Nations.
., 17. The National Authority is the National Authority of Chemical Weapons in charge and is responsible for the imp.
Verse (2)
., clear enough.
Verse (3)
.,, pretty clear

Article 8
.,, pretty clear.

Article 9
.,, Verse (1)
., clear enough.
Verse (2)
., referred to as "the limit of the amount" is the minimum amount to be declared as set forth in the Chemical Weapons Convention.
Verse (3)
., clear enough.
Verse (4)
.,, pretty clear

Article 10
.,, pretty clear.

Article 11
.,, pretty clear.

Article 12
.,, Verse (1)
., clear enough.
Verse (2)
.,, pretty clear
Verse (3)
., referred to as "sacsitoxins" are toxic substances present in the shells of certain species. The poison attacked the central nervous system because of the nerve stem.

Article 13
.,, Verse (1)
., clear enough.
Verse (2)
.,, the letter a
.,, referred to as "products containing a maximum of 1% (one percent) Chemical Materials List of 2A" is showing the product is low-concentrated so it cannot be purified again to be processed to a dangerous level.
letter b
.,, referred to as "products containing a maximum of 10% (ten per cent) of Chemical Materials List 2B" is showing the product concentrate low so that it cannot be purified again to be processed to a dangerous level.
letter c
., referred to as "consumption item" is a final product that can no longer be used into raw materials.

Section 14
.,, pretty clear.

Article 15
.,, pretty clear.

Section 16
.,, Verse (1)
.,, the National Authority is a part that is merged with the ministry in charge of industrial fields and has a coordination function with the associated government agencies.
Verse (2)
., clear enough.
Verse (3)
.,, pretty clear

Section 17
.,, pretty clear.

Article 18
., referred to by "other sources" is technical assistance in the form of strengthening laboratory capacity, personal training, and other forms of capacity reinforcement.

Section 19
.,, pretty clear.

Section 20
.,, pretty clear.

Section 21
.,, pretty clear.

Article 22
.,, pretty clear.

Section 23
.,, pretty clear.

Section 24
.,, pretty clear.

Section 25
.,, pretty clear.

Article 26
.,, pretty clear.

Section 27
.,, pretty clear.

Article 28
.,, pretty clear.

Article 29
.,, pretty clear.

Article 30
.,, pretty clear.

Article 31
.,, pretty clear.

Section 32
.,, pretty clear.
File in PDF format: [bt] [pjl]
.
., the concrete steps that the Indonesian government did on the issue of banning weapons of mass destruction are not only the signing of the Chemical Weapons Convention, but also in the establishment of legal instruments of the Act. 1998 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention on Banning Development, Production, Stockpiling, and Use) Chemical Weapons as well as about the Pemusnation) set on the 30th September 1998.
.,, the Convention contains a provision and a mandatory verification system, applied, and implemented by Indonesia as a party state in various sectors, including the industrial sector, in particular the chemical industry subsector and the pharmaceutical industry. In addition, Indonesia can benefit in an effort to develop the national pharmaceutical industry and pharmaceutical industry, both through the guarantee of exchange of information and technology and through international cooperation, in the trade of chemicals for the sake of the country. National development. Indonesia as a state is obligated to take steps in the establishment of relevant laws to guarantee the application of the Convention at the national level. Further efforts in implementing the provisions and verification systems as well as the establishment of the National Authority are governed under a law under the law.
., in addition, the need for setting up criminal chemical and chemical weapons lists as well as non-registered organic chemicals for Indonesia have been very urgent given the criminal acts of terrorism at the level of the crime. regionally and at international level is increasing. To prevent the misuse of chemicals as a chemical weapon, it requires regulation, banning, oversight, and the imposition of sanctions against criminal offenders. The guarantee of Indonesia's participation in international security is useful for the agility of the import-export of hazardous chemicals that also serve as the raw materials and/or helper materials of the production process in the chemical industry.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, Verse (1)
., in question:
"the principle of safety and security" is to provide reassurance for safety and security to society, nation, and state in the use, use, utilization, and transport of chemicals that potentially for chemical weapons.
"utilization principle" is granting value added value in order to fulfillment of life and human livelihood and its environment.
"principle of balance" is to provide balance of benefits The perpetrators of the public and the interests of the nation and the state.
Verse (2)
.,, pretty clear

Section 3
.,, pretty clear.

Section 4
.,, the letter a
.,, referred to as "list chemicals" are the toxic chemicals and precursors consisting of Chemical Materials List 1, consisting of Chemical Materials List 1A and 1B; Chemical Materials List 2, consisting of Chemical Materials List of 2A and 2B; Chemical Materials List of 3, consisting of Chemical Materials List 3A and 3B.
Letter b
.,, pretty clear

Section 5
.,, pretty clear.

Section 6
.,, Verse (1)
.,, referred to by "chemical abstract services number" is a special numbering system that is given against any chemical and is applicable internationally.
Verse (2)
.,, pretty clear

Article 7
.,, Verse (1)
., List 1 Chemical Materials are essentially prohibited, but can be held and used for research, medical, and/or pharmaceutical interests with the Minister ' s permissionarges and dowsations are committed against the corporation and/or the decoding.
.,, (2) Penal Tindak as referred to in Section 22 to Section 27 by the corporation if the felon is committed by persons, whether based on a working relationship or other relationship, acting in an environment The corporation, both alone and together.
., (3) the principal criminal that can be dropped against the corporation is only a criminal fine with a criminal maximum provision of plus 1/3 (one-third).