President Jokowi Signs Government Regulation No.4/2019 on National Consumer Protection Agency

In a bid to support the implementation of duty and authority of the National Consumer Protection Agency (BPKN), the Government deemed it necessary to revise Government Regulation Number 57 of 2001 on  National Consumer Protection Agency.

Based on this consideration, President Joko “Jokowi” Widodo, on 23 January 2019, signed Government Regulation Number 4 of 2019 on National Consumer Protection Agency.

The Government Regulation states that the BPKN means a non-structural institution located at the capital city of the Republic of Indonesia and shall be responsible to the President. “In order to improve its performance, the BPKN may establish representative offices at capitals of provinces,” Article 2 paragraph (3) of the Government Regulation reads.

According to the Regulation, BPKN has functions to provide input and give recommendation to the Government in order to protect consumers in Indonesia.

The functions are among others:

1. to provide input and give recommendation to the Government in the process of drafting policies on consumer protection;
2. to conduct research and assessment on effective laws and regulations on consumer protection;
3. to conduct research on goods and/or services related to consumer safety;
4. to promote the development of Non-governmental Institution for Consumers’ Protection (LPKSM);
5. to disseminate information on media regarding consumer protection and promote pro-consumer stance;
6. to receive complaints on consumer protection from the public, the LPKSM, and businesspeople; and
7. to conduct survey on consumer needs.

Based on this Government Regulation, the BPKN comprised of: a. Head, who is also a member;  b. Deputy Head, who is also a member; and c. at least 15 but no more than 25 members.

The members as intended consist of: a. Government officials; b. Businesspeople; c. the LPKSM; d. academics; and e. experts. “The number of representatives of all elements must be balanced,” Article 5 paragraph (2) reads.

Based on the Government Regulation, the BPKN members are appointed and dismissed by the President at the suggestion of the Minister, after being consulted with the House of Representatives of the Republic of Indonesia (DPR RI). Head, deputy head, and members of BPKN hold office for three years and they can be reappointed for 1 (one)  more term of office.

“Head and Deputy Head of the BKPN are elected by the members,” Article 9 paragraph (3) of the Government Regulation reads.

In nominating new members, the minister (responsible for Government affairs in the field of trade sector) shall establish a selection team no later than 10 (ten) months before the end of member’s term of office,

Further provisions regarding the establishment of selection team for BPKN prospective members will be regulated by the Minister.

The process in appointing members of BPKN are: a. the minister nominates prospective members who already met all requirements to the President; b. the President shall consult with the DPR RI regarding the prospective members; and c. the President shall appoint the member of BPKN.

The Government Regulation states that cost for the implementation of the BPKN’s duty shall be borne by the State Budget and other sources in accordance with the provisions of laws and regulations. The head, deputy head, and members of BPKN will receive financial rights and other facilities in which the amount will be stipulated in Presidential Regulation.

“This Government Regulation shall apply as of the date of its promulgation,” Article 18 of Government Regulation Number 4 of 2019, which is stipulated by Minister of Law and Human Rights Yasonna H. Laoly on 28 January 2019, reads. (Pusdatin/ES)

Translated by : Rany Anjany Subachrum
Edited by : Mia Medyana