Are All Products/Services Required to Have SNI?

PERTANYAAN

I often see the Indonesian National Standard (Standar Nasional Indonesia/"SNI") label on some products. Is this SNI mandatory for all goods/services?

ULASAN LENGKAP

This article is an English translation of Apakah Semua Produk/Jasa Wajib SNI? written by Renata Christha Auli, S.H., and was published on Thursday, 27 July 2023.

This article is the second update from the article with the same title, written by Letezia Tobing, S.H., M.Kn. on 1 August 2013, and was first updated for the first time on Wednesday, 27 October 2021 by Saufa Ata Taqiyya, S.H.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

What is SNI?

Before answering your question, we will first explain what is meant by Indonesian National Standard (Standar Nasional Indonesia/"SNI"). According to Article 1 number 7 Government Regulation 34/2018, SNI is a standard set by the National Standardization Agency (Badan Standardisasi Nasional"BSN") and applies in the territory of Indonesia.

SNI can be applied by business actors, ministries and/or non-ministerial government agencies, and/or local governments as needed,[1] and can be applied to:[2]

1. Goods traded or distributed;
2. Services provided;
3. Processes or systems that are carried out; and/or
4. Personnel involved in certain activities.

Answering your question, basically, the application of SNI is done voluntarily based on needs.[3] However, SNI is enforced compulsorily to meet the requirements imposed by the minister or head of a non-ministerial government agency.[4] Then, to provide convenience for entrepreneurs to obtain SNI certificates, BSN implements a system of data sharing and integrated electronically (online).[5]

Voluntary Application of SNI

As previously explained, SNI can be carried out voluntarily based on needs, where entrepreneurs who have been able to implement SNI can apply for certification to the Conformity Assessment Institution (Lembaga Penilaian Kesesuaian/"LPK") that has been accredited by the National Accreditation Committee (Komite Akreditasi Nasional/"KAN").[6]

The certification is a series of conformity assessment activities related to providing written assurance that goods, services, systems, processes, or personnel have met the standards and/or regulations set by BSN and are applicable in Indonesian territory.[7]

Furthermore, Indonesian National Standard product certification will be provided by LPK by providing certificates to applicants who have met the requirements of SNI.[8]

If the business actor has obtained a certificate, then the person concerned is obliged to affix:[9]

1. SNI mark; and/or
2. Conformity mark on goods and/or packaging or labelling.

The affixing of the SNI mark and/or conformity mark for services, systems, processes, and/or personnel can be affixed to identification boards, letterheads, and/or other media.[10] Furthermore, the affixing is done after the business actor has received approval for the use of the SNI mark and/or conformity mark from BSN.[11]

Is SNI mandatory?

Mandatory implementation of SNI is carried out by the minister and/or head of a non-ministerial government institution by considering:[12]

1. safety, security, health, and preservation of environmental functions;
2. competitiveness of national producers and fair business competition;
3. the ability and readiness of the national business sector;
4. the readiness of the LPK infrastructure;
5. culture, customs, or traditions based on local wisdom; and/or
6. other national interests in accordance with the provisions of laws and regulations.

Furthermore, the mandatory implementation of SNI is stipulated through ministerial regulations and/or heads of non-ministerial government institutions in accordance with the authority based on laws and regulations.[13]

If SNI has been made mandatory for goods, services, systems, or processes, then business actors, ministries/non-ministerial government agencies, and/or local governments are required to have a certificate for the goods, services, systems, or processes.[14] This certificate is issued by an LPK accredited by KAN.[15]

Business actors who produce, manufacture, and/or import goods for which SNI has been compulsorily applied, are obliged to affix the SNI mark and/or conformity mark on the goods and/or packaging or labels that will be traded and/or distributed in the territory of Indonesia.[16] However, this obligation is exempted in the event that the business actor who produces and/or manufactures the goods has made an agreement with the registered trademark owner and/or registered trademark licensee that the affixing of the SNI mark and/or conformity mark is carried out by the registered trademark owner and/or registered trademark licensee.[17]

As is applicable in the voluntary implementation of SNI, the affixing of SNI mark and/or conformity mark on SNI that is applied compulsorily is also done after obtaining approval for the use of SNI mark and/or conformity mark given by BSN to business actors.[18]

It should also be noted that in the event that SNI has been applied compulsorily, business actors are obliged to trade:[19]

1. Goods that have been affixed with the SNI mark and/or conformity mark on the goods and/or packaging or label; and/or
2. Services that already have an Indonesian National Standard certificate.

If this obligation is violated, then the business actor is obliged to stop trading goods and/or services.[20] In addition, if the business actor does not fulfill the mandatory SNI and does not affix the SNI mark and/or conformity mark, then the business actor is obliged to withdraw the goods from distribution.[21]

Examples of Goods that are Required to Have SNI

For example, the following are goods that are required to have SNI certificate:

1. Tires, which are enforced through Regulation of the Minister of Industry 76/9/2015.

Product Certificate for the Use of the SNI Tire is a certificate issued by the Product Certification Agency to manufacturers who are able to produce tires in accordance with the requirements of the SNI for tires.[22]

The types of tires that are required to have SNI are:[23]

• Passenger car tires;
• Light truck tires;
• Truck and bus tires;
• Motorcycle tires;
• Tires in motorized vehicles;
• Tires that have been mounted on rims.

2. Helmets, which is enforced through Regulation of the Minister of Industry 79/9/2015.

Product Certificate for the Use of SNI for Helmets for Riders of Two-Wheeled Motorized Vehicles is a certificate issued by Product Certification Agency to manufacturers who are able to produce helmets for riders of two-wheeled motorized vehicles in accordance with SNI helmet requirements.[24]

3. Cement, which was enforced through Regulation of the Minister of Industry 82/9/2015.

Product Certificate for the Use of SNI Cement is a certificate issued by Product Certification Agency to manufacturers who are able to produce cement in accordance with SNI requirements.[25]

The types of Cement products that are required to have SNI are:[26]

• White Portland Cement;
• Portland Pozoland Cement;
• Portland cement (other than white Portland, Portland pozoland, mixed Portland, and masonry cement);
• Portland cement (mixed cement);
• Masonry cement;
• Portland Composite Cement.

4. Mineral water, demineralized water, natural mineral water, and dewatered drinking water, enforced through Regulation of the Minister of Industry 78/11/2016 and its amendments.

Product Certificate for the Use of SNI is a certificate issued by Product Certification Agency to manufacturers who are able to produce mineral water, demineralized water, natural mineral water, and dewatered drinking water in accordance with SNI requirements.[27]

The types of water products that must have SNI are:[28]

• Mineral water
• Demineralized water
• Natural mineral water
• Dew drinking water.

You can read Indonesia SNI mandatory list completely on the website of the Ministry of Industry of the Republic of Indonesia.

As additional information, specifically for Micro and Small Enterprises a.k.a. MSEs (Usaha Mikro dan Kecil) whose business activities are low risk, these MSEs only need to apply for a Business Identification Number (Nomor Induk Berusaha/ “NIB”) without the need to apply for SNI again. This is because Business Identification Number for low-risk business activities carried out by MSEs, functions as the identity of business actors, and legality to carry out business activities, and also applies as SNI and halal guarantee statements.[29]

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Regulation of the Government Number 34 of 2018 on National Standardization and Conformity Assessment System;
2. Regulation of the Government Number 5 of 2021 on the Organization of Risk-Based Business Licensing;
3. Regulation of the Minister of Industry Number 76/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Tires;
4. Regulation of the Minister of Industry Number 79/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Helmets for Riders of Two-Wheeled Motorized Vehicles;
5. Regulation of the Minister of Industry Number 82/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Cement;
6. Regulation of the Minister of Industry Number 78/M-IND/PER/11/2016 of 2016 on Mandatory Implementation of the Indonesian National Standard for Mineral Water, Demineralized Water, Natural Mineral Water, and Dewatered Drinking Water as amended by Regulation of the Minister of Industry Number 26 on 2019 on the Amendment to Regulation of the Minister of Industry Number 78/M-IND/PER/11/2016 of 2016 on Mandatory Implementation of the Indonesian National Standard for Mineral Water, Demineralized Water, Natural Mineral Water, and Dewatered Drinking Water.

References:

Ministry of Industry of the Republic of Indonesia, accessed on Thursday, 27 July 2023, at 12.54 Western Indonesian Time (zone).

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[1] Article 20 section (1) Regulation of the Government Number 34 of 2018 on National Standardization and Conformity Assessment System (“Government Regulation 34/2018”).

[2] Article 20 section (2) Government Regulation 34/2018.

[3] Article 20 section (3) Government Regulation 34/2018.

[4] Article 20 section (4) Government Regulation 34/2018.

[5] Article 20 section (5) Government Regulation 34/2018.

[6] Article 21 section (2) Government Regulation 34/2018.

[7] Article 1 number (9) Government Regulation 34/2018.

[8] Article 21 section (3) Government Regulation 34/2018.

[9] Article 22 section (1) Government Regulation 34/2018.

[10] Article 22 section (2) Government Regulation 34/2018.

[11] Article 22 section (3) and (4) Government Regulation 34/2018.

[12] Article 25 section (1) Government Regulation 34/2018.

[13] Article 25 section (2) Government Regulation 34/2018.

[14] Article 26 section (1) Government Regulation 34/2018.

[15] Article 26 section (3) Government Regulation 34/2018.

[16] Article 27 section (1) Government Regulation 34/2018.

[17] Article 27 section (2) Government Regulation 34/2018.

[18] Article 29 section (1) and (2) Government Regulation 34/2018.

[19] Article 32 Government Regulation 34/2018.

[20] Article 34 section (1) Government Regulation 34/2018.

[21] Article 34 section (2) Government Regulation 34/2018.

[22] Article 1 number 1 Regulation of the Minister of Industry Number 76/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Tires (“Regulation of the Minister of Industry 76/9/2015”).

[23] Article 2 Regulation of the Minister of Industry 76/9/2015.

[24] Article 1 number 2 Regulation of the Minister of Industry Number 79/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Helmets for Riders of Two-Wheeled Motorized Vehicles.

[25] Article 1 number 1 Regulation of the Minister of Industry Number 82/M-IND/PER/9/2015 of 2015 on Mandatory Implementation of the Indonesian National Standard for Cement (“Regulation of the Minister of Industry 82/9/2015”).

[26] Article 2 Regulation of the Minister of Industry 82/9/2015.

[27] Article 1 number 8 Regulation of the Minister of Industry Number 78/M-IND/PER/11/2016 of 2016 on Mandatory Implementation of the Indonesian National Standard for Mineral Water, Demineralized Water, Natural Mineral Water, and Dewatered Drinking Water (“Regulation of the Minister of Industry 78/11/2016”).

[28] Article 4 section (1) Regulation of the Minister of Industry 78/11/2016.

[29] Article 12 Regulation of the Government Number 5 of 2021 on the Organization of Risk-Based Business Licensing.