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Act No. 9 Of 2004

Original Language Title: Undang-Undang Nomor 21 Tahun 2004

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 88, 2004 (Explanation In Addition of the Republic of Indonesia State Number 4414)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 21, 2004
ABOUT
ENACTMENT CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION
ON BIOLOGICAL DIVERSITY (CARTAGENA PROTOCOL ABOUT
BIODIVERSITY AT THE CONVENTION ABOUT
BIODIVERSITY)

WITH THE GRACE OF THE ALMIGHTY GOD,

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the national purpose of the Republic of Indonesia as listed in the Opening of the Constitution of the Republic of Indonesia of Indonesia in 1945 is to protect the entire nation and all of Indonesia's blood spills and to advance general welfare, To preach the life of the nation and to carry out the order of the world that is based on independence, eternal peace, and social justice;
., b. that Indonesia is one of the countries that has a very rich biodiversity that needs to be managed to carry out sustainable development in order to improve general welfare;
., c.c. that Indonesia has passed the Convention on Biological Diversity (United Nations Convention on Biological Diversity) with the Act No. 5 of 1994 on Unrest United Nations Convention on Biological Diversity (United Nations Convention on Biological Diversity) which mandates a Protocol on the Security of Hayati;
., d. That the development of science and technology has led to the increased research and development of biotechnology that can produce genetically modified organisms that are utilized in the fields of food, agriculture, forestry, pharmacy. and industry;
., e. that genetically modified organisms contain risks that pose a detrimental impact to human environment and health so as to ensure the level of biodiversity needs to be regulated transfer, handling, and heating;
., f. that based on such considerations in letters a, b, c, d and e are seen to be required to validate Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol on Hayati Security over the Convention on behalf of the Convention on the Convention on behalf of the Convention on behalf of Biodiversity) with undraudi;

., Given: 1. Section 5 of the paragraph (1); Article 11 paragraph (1) and paragraph (2); Section 20 of the paragraph (1), paragraph (2), paragraph (4) and paragraph (5); Article 22A; Section 33 of the paragraph (3) and paragraph (4) of the Basic Law of the Republic of Indonesia, 1945;
., 2. 1994 United Nations Convention on Biological Diversity (United Nations Convention on Biological Diversity, Page 1 of the Republic of Indonesia in 1994 No. 41, Supplement to the United Nations Convention on Biological Diversity, 1994). Republic of Indonesia No. 3556);
., 3. Law No. 24 Year 2000 on International Covenant (State of the Republic of Indonesia 2000 Number 185, Additional Gazette of the Republic of Indonesia No. 4012);

With mutual consent between
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

.,, SET: LEGISLATION ON THE ATTESTATION OF CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY (CARTAGENA PROTOCOL ON BIODIVERSITY OF THE CONVENTION ON BIODIVERSITY).

Section 1
Authoring Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol on the Security of Hayati over the Convention on Biodiversity), whose copy of the original manuscript is in English and translation in the Indonesian language as attached is an inseparable part of this Act.

Section 2
This law goes into effect on the promulgated date.

In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, has been valid
on August 16, 2004
Promulgated in Jakarta
on August 16, 2004
REPUBLIC OF INDONESIA STATE SECRETARY

BAMBANG KESOWO

ADDITIONAL
STATE SHEET RI

No. 4414 (explanation Of State Sheet 2004 Number 88)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 21, 2004
ABOUT
ENACTMENT CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION
ON BIOLOGICAL DIVERSITY (CARTAGENA PROTOCOL ABOUT
BIODIVERSITY AT THE CONVENTION ABOUT
BIODIVERSITY

I. UMUM

.,, Indonesia ' s biodiversity as a natural resource that is the grace and gift of the Almighty God to the Indonesian nation is compulsory, conserved, and optimized for its use. This obligation is made to the purpose of biodiversity to remain the source and support of the lives of the people of Indonesia both for the present generation and for generations to come as well as for other living things.
.,, modern Biotechnology is an advanced science that can produce genetically modified results organisms (OHMG). In the meantime, Indonesia needs to improve its technological skills to study and manage the OHMG's biodiversity so that it can be used for the welfare of the Indonesian people. Such improvements can be made through the development of the development and strengthening of institutional and human resources internationally in terms of appropriate, ethical and secure biotechnology management, as well as training and engineering cooperation. utilization, risk assessment, as well as risk management for biological security.
.,, modern biotechnology products have provided considerable benefits for the improvement of human life and well-being, both in the agricultural, food, industry, and human health sectors, as well as in the field of living environment. However, there are concerns that modern biotechnology products, in addition to providing benefits, also have risks that pose a detrimental impact to conservation and sustainable utilization of biodiversity as well as human health. Therefore, it needs to be taken steps, whether legally, administrative, or technical to guarantee the level of biological security. In this framework the formation and development of laws, institutional development, and infrastructure, as well as the preparation of systems and procedures, both in central and regional, to implement the Cartagena Protocol.
.,, such measures are necessary, given Indonesia is part of the global trade including the trade of biotechnology products. In addition, Indonesia is an island country, a country that borders directly to other countries, and the second-longest beach country in the world so it is particularly vulnerable to the influx of OHMGs from abroad. As safeguards then the arrangements and actions mandated by the Cartagena Protocol need to be enforced and applied to the OHMG in the ports of port, airport, land border area, and post office for the safety of biodiversity and OHMG entry without permission (illegal).
.,, the illegal OHMG Trade is less effective when unilateral and bilateral, then required a regional and multilateral cooperation agreement to guarantee the natural security as mandated by the Protocol. -Cartagena. In addition, the Cartagena Protocol mandates also to work on emergency measures (emergency measures) such as eraddictive and distribution restrictions to reduce the risk that may arise from accidental displacement. That.
.,, the area has an important role considering the illegal OHMG can enter through a port in its area, outside the international port. Thus the capacity of the area in conducting the OHMG transfer traffic security measures must be improved. In addition, the area must be more instrumental in providing the approval of the OHMG which will be introduced in the area through a study of risk and consultation with the community in its area in the process of decision making. OHMG. The institutional and human resources of the region must also be strengthened to face the possibility of emergency measures (emergency measures) in the area.
.,, the efforts of preservation and utilization of biodiversity are already supposed to be more active in order to prevent adverse impacts on the environment and human health. Those efforts must be implemented in the national and international spheres embodied in international commitments.
.,, in relation to these things above and considering Indonesia has passed the Convention on Biological Diversity (KKH) under Law No. 5 of 1994, it is very important for Indonesia as one of the countries that has the world ' s largest biodiversity to pass the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol on the Security of Hayati over the Convention on Biodiversity).

1. Background and Purpose
., aware of the risk of adverse effects in the application and development of biotechnology has been discussed in an international forum since the KKH negotiations in 1990. In 1992 at the Earth Summit in Rio de Janeiro, Brazil, KKH was formally adopted by the participating countries of the summit. In 1994 Indonesia ratified the Convention with Law No. 5 of 1994.
., KKH governs the provisions of the security of modern biotechnology applications namely in clause 8 of the letter (g), Article 17, and Article 19 of the verse (3) and paragraph (4), which mandates the designation of a Protocol within KKH to regulate the movement of the cross limits, handling, and utilization of OHMG as a product of modern biotechnology.
., by adhering to the mandate of the articles, the Convention Parties began to negotiate the Protocol on Security of Hayati from 1995 until the Protocol was adopted in 2000 in the fifth session of the Conference of the Parties. (Conference of the Parties) KKH in Nairobi.
.,, the Cartagena Protocol aims to guarantee adequate levels of protection in terms of transit, handling, and safe utilization of the OHMG cross-border movement. The level of protection is performed to avoid adverse effects on sustainability and sustainable utilization of biodiversity, as well as the risks to human health.

2. Indonesia Benefits Pass The Cartagena Protocol
., by passing this Cartagena Protocol, Indonesia adopts the Protocol as a national law to be outlined in regulatory and institutional frameworks so that it can:
a. access information about OHMG;
., b. improving the preservation and utilization of biodiversity sustainably;
., c. gained the optimal benefit of safely the safely biotechnology use of which is not detrimental to biodiversity and human health;
., d. strengthen the cross-boundary displacement control of OHMG considering Indonesia has the second longest coastline in the world to potentially place the outside and the illegal entry of OHMG;
., e. preparing area capacity to play an active role in conducting surveillance and decision making over the OHMG cross-border displacement;
., f. Realize the cooperation between countries in the field of emergency response to the danger of unintentional cross-border transfer of OHMG;
., g. improving institutional capacity and human resources in the field of biodiversity both at the center and in the area;
., h. strengthen national coordination and areas in particular a more comprehensive understanding for the entire government agency related to the OHMG traffic that harms the part or components of Indonesia's biodiversity. The coordination also includes representatives of the Republic of Indonesia abroad as a leading and bridge to information traffic on biotechnology developments;
., i. Raise an international cooperation to prevent the illegal trade of OHMG products.

3. Cartagena Protocol Pokok Matter
.,, the Cartagena Protocol is compiled based on the principle of "prucency" (discretion tionary approach) as set forth in principle to 15 Rio Declarations meaning that there is a serious threat or damage that cannot be done. restored, a lack of science should not be used as an excuse to delay cost effective measures (cost effective) to prevent environmental damage.
.,, the Cartagena Protocol consists of 40 Articles and 3 Attachments which are composed as follows.
Appendix I: The information required in the notification.
Appendix II: The information required for OHMG which is utilized directly as food or feed, or for processing.
Attachment: Risk Studies.
.,, in relation to that, the underlying materials contained in the Cartagena Protocol set up regarding things as follows.
., a., a. Advance Notification Approval (Advance Informed Agreements)
.,, the Notice of Notices First is a procedure that the Parties must apply to intentionally induced transfer of the OHMG to the environment by the importing party at the time of the first transmission with the IBM Cloud Service. purpose to ensure that the recipient country has the opportunity and the capacity to assess the risk of OHMG.
B. Direct OHMG Utilization Procedure
.,, this procedure applies to OHMGs which will be utilized directly as food, feed, or processing, provided that the decision-making party (the import party) is required to provide at least as listed in the Appendix II to the Hayati Security Clearing House (Biosafety Clearing House) within 15 days of the decision was taken, in accordance with national regulations consistent with the objective of the Protocol.
C. Risk Assessment (Risk Assessment)
.,, the risk presentation is an application of the prucency principle that is done to take the decision of an OHMG entry that will be introduced into the environment.
.,, the risk assessment must be based on the minimum information completeness in the notification as set forth in Annex I and other scientific evidence to identify and evaluate the possible impact OHMG has caused conservation. and the sustainable utilization of biodiversity and also the risk to human health.
D. Risk Management (Risk Management)
.,, risk management is a follow-up to the execution of a risk study that includes the appropriate determination of mechanism, step, and strategy to set, manage, and control the risks identified in risk studies.
.,, the liability arising from the application of risk management to these Parties is to establish and implement a regulatory system with sufficient capacity to manage and control such risks.
., e. Unintentional Cross-border Displacement and Emergency Measures (Emergency Measures)
.,, the accidental cross-border transfer is an OHMG displacement that occurs outside the deal of the importing party and the exporting party. The country must take steps through the notification to the Hayati Security Clearing House (Biosafety Clearing House) in the event of an accident and notify the contact point that can be reached and consult with the contact information. The parties may be harmed by any release of the OHMG.
f. Handling, transport, packaging, and heating of the benefit
.,, the handling of handling issues, transport, packaging and utilization of the OHMG is part of the efforts to ensure the development security of OHMG in accordance with international standard requirements.
G. Biosafety Clearing Hall (Biosafety Clearing House)
.,, Biosafety Clearing House (Biosafety Clearing House) is a body set up by the Parties under Article 20 of the Cartagena Protocol to facilitate the exchange of information in scientific, technical, environmental and regulatory areas. Regarding OHMG, AIA's decision results in implementing the Protocol.
h. Capacity Development
., to develop and strengthen the human resources and institutional capacity of the developing world in implementing the Cartagena Protocol, Section 22 of the Cartagena Protocol governing capacity development that requires cooperation with regard to consideration needs, conditions as well as the ability of developing countries, and countries undergoing economic transition. Cooperation assistance can be both scientific and technical training, technology and skills, as well as financial assistance.
i. The Obligations Of The Parties To The Society
.,, the Protocol requires the Parties to:
., a., a. enhance and facilitate awareness, education and community participation in regard to the transfer, handling, and use of the OHMG safely;
B. guarantee that the public gets access to OHMG information;
., c. conduct consultation with the public in the decision making process and provide the results of the decision to the public.

4. The Act directly Related to the Cartagena Protocol
.,, the Cartagena Protocol is in line with the regulations of other related national perinvitations:
., a., a. 1994 United Nations Convention on Biological Diversity (1994 United Nations Convention on Biological Diversity), (1994 United Nations Convention on Biological Diversity), United Nations Convention on Biological Diversity (1994), (in 1994), (in 1994), the United Nations Convention on Biological Diversity (1994), (in 1994) Republic of Indonesia No. 3556);
., b. Law No. 23 of 1997 on the Governance Of The Environment (sheet Of State Of The Republic Of Indonesia In 1997 Number 68, Additional Gazette Of The Republic Of Indonesia Number 3699);
., c. Law No. 12 of 1992 on the System of Mental Daya Plants (sheet Of State Of The Republic Of Indonesia In 1992 Number 46, Additional Sheet Of State Republic Indonesia Number 3478);
., d. Law No. 7 of 1996 concerning Food (State Gazette of the Republic of Indonesia in 1996 No. 99, Additional Gazette of the Republic of Indonesia Number 3656);

II. SECTION BY SECTION

Section 1
., in the event of a different interpretation of the translation in the Indonesian language, the original copy was used in English.

Section 2
.,, pretty clear.