Gov’t Issues Presidential Regulation on Ministry of Trade
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President Joko “Jokowi” Widodo issued Presidential Regulation Number 11 of 2022 on Ministry of Trade on January 20, 2022.
The regulation that can be accessed on Cabinet Secretary’s Legal Documentation and Information Network serves as a follow-up to the stipulation of Presidential Decree Number 113/P of 2019 on the Establishment of State Ministries and the Appointment of State Ministers for the Period of 2019-2024 and as a means to implement the provisions in Article 11 of Law Number 39 of 2008 on State Ministries.
“Ministry of Trade is tasked of conducting government affairs in trade to assist the President in governing the state,” Article 4 of the regulation says.
On Article 5, it is stated that the functions Ministry of Trade carry out include formulating, stipulating, and enforcing policies on domestic trade strengthening and development, protecting consumers and orderly commerce, carrying out international trade, developing national export, and developing, fostering, and supervising commodity futures trading, warehouse receipt system, and commodity auction market.
The regulation also states that Ministry of Trade is led by a minister who is under and responsible to the President. In leading the ministry, Minister of Trade may be assisted by a vice minister as appointed by the President.
The vice minister is under and responsible to the minister, and tasked of assisting the minister to lead the ministry to carry out its duties.
Based on this regulation, Ministry of Trade consists of Secretariat General, Directorate General of Domestic Trade, Directorate General of Consumer Protection and Orderly Commerce, Directorate General of Foreign Trade, Directorate General of International Trade Negotiations, and Directorate General of National Export Development.
Ministry of Trade also has Inspectorate General, Commodity Futures Regulatory Agency, Trade Policy Agency, Expert Staff of Market Security, Expert Staff of Management and Governance, Expert Staff of International Relations, and Expert Staff of Business Climate and Interinstitutional Relations.
Every person holding the positions above are under and responsible to the minister.
“Expert Staff is under and responsible to Minister [of Trade] and administratively coordinated by Secretary General,” Article 34 of the regulation reads.
According to the regulation, Ministry of Trade may have functional positions as needed and the implementation shall be carried out in accordance with law and regulations.
In addition, Ministry of Trade may establish a Technical Implementation Unit (UPT) led by a head of unit to carry out operational technical duties and/or supporting technical duties.
“Technical Implementation Unit as referred is established by Minister [of Trade] after obtaining a written approval from the minister who carries out governance in state apparatus,” a provision in Article 38 says.
As mandated by the regulation, Minister of Trade must implement performance accountability system for Government institutions in carrying out tasks and functions.
“Ministry of Trade must formulate business process that demonstrates an effective and efficient work relations among organization units in Ministry of Trade,” Paragraph 1 of Article 41 reads.
The regulation also underscores that all elements in Ministry of Trade must implement Government internal control system in their own environment in accordance with law and regulations.
“Minister reports the results of government affairs in trade to the President periodically or whenever needed,” Article 42 of the regulation says.
Presidential Regulation Number 11 of 2022 has been in force since it was promulgated by Minister of Law and Human Rights Yasonna H. Laoly on January 20, 2022.
With the enactment of this regulation, Presidential Regulation Number 48 of 2015 on Ministry of Trade is revoked and declared null and void.
“As this Presidential Regulation comes into force, duties and functions of work units that carry out functions of research, development, assessment, and implementation of science and technology that create inventions and innovations in Ministry of Trade are coordinated by Secretariat General until they are integrated into the National Research and Innovation Agency for the period specified by law and regulations,” Presidential Regulation Number 11 of 2022 states. (UN) (DH/MMB)
