Government Regulation Number 5 of 2020 on Trade Information Systems

In a bid to implement provisions of Article 92 of Law Number 7 of 2014 on Trade, the Government deems it necessary to establish a Government Regulation on Trade Information Systems.

“Trade Information Systems are the arrangements, procedures, and mechanisms for collecting, processing, delivering, managing and disseminating trade data and/or information that are integrated with supporting trade policies and controls,” article 1 paragraph 1 of the Regulation reads.

According to Article 2 of the Regulation, the scope of regulation of the Trade Information Systems includes Trade Data and Trade Information, the implementation of Trade Information Systems, and development and supervision.

“Ministers, governors, and regents/mayors are obliged to implement Trade Information Systems that are integrated with the information systems developed by ministries or non-ministerial government agencies,” article 3 (1) reads.

In implementing the Trade Information Systems, according to the Regulation, Ministers, governors and regents/mayors must pay attention to the principles of transparency, prudence, trustworthiness, and accountability.

According to Article 4 of the Regulation, Trade Data and Trade Information consist of data and/or information, namely distribution of goods and services, trade facilities and infrastructure, staples and essential goods, trade Players, border and inter-island trades, trade facilities including promotion and incentives, market access and export products, export development cooperation, trade promotion, export training, consumer protection and empowerment, standardization, and quality control.

Furthermore, it also includes data and/or information in the form of supervision of circulating goods and services, supervision of trade activities, metrology, commodity futures trading, use of domestic products, trade services, international trade negotiations, export-import trade, trade through electronic systems, trade protection and security, empowerment of cooperatives and micro, small, and medium enterprises, regional trade potentials, business competition, trade control, commodity auction markets, warehouse receipts; and other data and information related to domestic and foreign trade.

“Trade Data and Trade Information is open unless determined otherwise by the Minister,” paragraph 2 of article 4 reads.

According to article 5 of the Regulation, Trade Information System covers the collecting, processing, delivering, managing, and disseminating Trade Data and/or Trade Information.

“The components of the Trade Information Systems include human capital, hardware, and software, Trade Data, Trade Information, and information security management in accordance with the law and regulations,” paragraph 2 of article 5 of the regulation reads.

Business Players (residing in Indonesia) and/or business players residing outside the territory of the Republic of Indonesia, as article 8 paragraph (2), are obliged to provide Trade Data and/or Trade Information to the Minister.

“Business Players who do not carry out the obligations as referred to in paragraph (2) may be given sanctions in the form of written warnings, recommendations for the temporary suspension of trading activities to the licensing agency in the field of trade; and/or other sanctions in accordance with the law and regulations,” reads article 8 paragraph 4.

The Minister provides training for the implementation of Regional Trade Information Systems. “The training includes at least facilitation, consultation, dissemination; and/or education and training,” article 13 paragraph (2) reads.

According to article 14 paragraph (1), the Minister supervises the implementation of the Regional Trade Information Systems through monitoring and evaluation.

“Supervision of the implementation of the Regional Trade Information Systems shall be carried out at least 1 (one) time in 1 (one) year,” paragraph 2 of article 14 reads.

This Government Regulation takes effect on the date of its promulgation, reads Article 17 of Government Regulation Number 5 of 2020, promulgated by Minister of Law and Human Rights Yasonna H. Laoly on 20 January 2020. (SM/EN)

Translated by: Galuh Wicaksono
Reviewed by: Lulu Wuliarti