Bacaan 7 Menit
This article is an English translation of Produk Impor yang Wajib Mencantumkan Manual Berbahasa Indonesia which was written by Erizka Permatasari, S.H., and was published on Thursday, 16 September 2021.
This article below is an update of the article with the same title, which was written by Made Wahyu Arthaluhur, S.H., and was first published on 22 May 2018.
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In order to simplify the answer, since you are asking about imported goods, we will explain the obligation of importers to include user manuals in Bahasa Indonesia for their imported goods.
First, let us see what is meant by business actors and importers.
According to Article 1 number 3 Law Number 8 of 1999 on Consumer Protection ("Law 8/1999"), a business actor is any individual or business entity, both in the form of legal entities and non-legal entities, established and domiciled or conduct activities within the jurisdiction of the Republic of Indonesia, both individually and jointly through an agreement to carry out a business activity in various economic sectors.
Meanwhile, according to Article 1 number 7 and 8 of Regulation of the Government Number 29 of 2021 on the Organization of the Trade Sector ("Government Regulation 29/2021"), an importer is an individual or institution, or business entity, either in the form of an incorporated or unincorporated legal entity, which conducts import, namely the activity of entering goods into the customs area/territory.
Thus, referring to the two provisions above, it can be seen that importers are business actors, and therefore are subject to Law 8/1999. This has also been clarified through the Elucidation of Article 1 number 3 Law 8/1999:
Business actors included in this definition are corporate companies, BUMN, cooperatives, importers, traders, distributors, and so forth.
The obligation of business actors to include user manuals for goods in Bahasa Indonesia has been regulated in Article 8 section (1) letter j Law 8/1999:
Business actors must not produce and/or trade goods and/or services that do not provide information and/or direction for the use of goods in the Indonesian language in accordance with the provisions of prevailing laws and regulations.
Business actors who violate this provision are subject to imprisonment for a maximum of 5 years or a maximum fine of IDR 2 billion.[1]
Article 23 section (3) Government Regulation 29/2021 stipulates that goods relating to the safety, security, and health of consumers and the environment, must contain clear and easy-to-understand instructions for use/user manuals and hazard symbols and/or warning signs.
Based on this provision, it is true that business actors (including importers) who are going to trade goods in Indonesia must include information and/or user manuals for goods in Bahasa Indonesia.
Specifically for telematics and electronic products, Appendix letter F to Regulation of the Minister of Trade Number 26 of 2021 on the Determination of Standards for Business Activities and Products in Implementing Risk-Based Business Licensing in the Trade Sector (“Regulation of the Minister of Trade 26/2021”) regulates the obligations of producers and importers to complete each electronic and telematics products with user manuals and guarantee cards in Bahasa Indonesia prior to trading in the domestic markets which have been affixed with registration numbers.
Telematics and electronic products are defined as follows:[2]
These user manuals must at least include the following:[3]
Any violation of the abovementioned obligations will result in administrative sanctions in the form of:[4]
In answer to your question, are batteries and flashlights included? According to our research, batteries, in this case, primary batteries, are included in the goods for which Indonesian National Standard (Standar Nasional Indonesia/”SNI”) has been applied or for which technical requirements have been complied with, that must be registered in order to obtain goods registration numbers, as regulated in the Appendix to Regulation of the Minister of Trade 26/2021. Unfortunately, however, we did not find any specific terms for flashlights, instead, they are included as self-ballasted lamps, electronic ballasts, and spotlight luminaires. However, both are not included in the list of electronic and telematics products, which are required to include user manuals in Indonesian.
Furthermore, automotive batteries are considered goods that are required to include labels in Bahasa Indonesia according to Appendix letter C to Regulation of the Minister of Trade Number 25 of 2021 on the Determination of Goods that Must Use or Complete Indonesian Language Labels (“Regulation of the Minister of Trade 25/2021”).
However, we still recommend that importers continue to include user manuals for batteries and flashlights in Bahasa Indonesia, since knowing the Article 8 section (1) letter j Law 8/1999.
These are the answers we can provide, we hope you will find them useful.
Legal Basis:
[1] Article 62 section (1) Law Number 8 of 1999 on Consumer Protection ("Law 8/1999").
[2] Appendix letter F to Regulation of the Minister of Trade Number 26 of 2021 on the Determination of Standards for Business Activities and Products in Implementing Risk-Based Business Licensing in the Trade Sector (“Regulation of the Minister of Trade 26/2021”).
[3] Appendix letter F to Regulation of the Minister of Trade 26/2021.
[4] Appendix letter F to Regulation of the Minister of Trade 26/2021.
