Introduction and Implementation of SNI

SNI header

General:

Here is my post about SNI, this information in brief is important for who intend to become an importer, exporter, or a variety of other business investments in order to provide goods or industry services in Indonesia.

Standard can bring the benefits of technology , economic and social. Standards help to harmonize technical specifications of products and services that make the industry more efficient and improve its competitiveness to international trade. Conformity to Standards help convince consumers that the product is safe , efficient and good for the environment.

Standardization in Indonesia is one of the instruments of technical regulations to protect the national interests of consumers and producers in the country at the same time .

Through technical regulations based standardization can be prevented circulation of not quality goods / services in the domestic market , particularly in relation to health , security , safety , and environment conservation . Through the same instrument , it can be prevented entry of imported goods junky distorting domestic market because of the low cost .

Industry Act that passed the House of Representatives or Dewan Perwakilan Rakyat – Republik Indonesia ( DPR – RI ) on December 19, 2013 states that the violations in the industry sector will be affected by legal sanctions . Violations involving SNI ( Indonesian National Standard ) is subject to ( sanctions ) criminal .

Read this post in Bahasa Indonesia on : https://ngsuyasa.wordpress.com/2014/01/07/pengenalan-manfaat-dan-penerapan-sni/

What is SNI?

SNI is abbreviation of Standard Nasional Indonesia or Indonesian National Standard.

SNI is the only nationally accepted standards in Indonesia.

SNI formulated by the Technical Committee and confirmed by the National Standardization Agency or Badan Standard Nasional (BSN).

SNI formulation based on law in PP 102 of 2000 on the National Standardization (PP 102 Tahun 2000 tentang Standardisasi Nasional).

In order SNI gained wide acceptance among stakeholders, SNI is formulated to meet the “WTO Code of good practice” in which the development of SNI must meet certain norms namely:
◦ Openess
◦ Transparency
◦ Consensus and impartiality
◦ Effectiveness and relevance
◦ Coherence
◦ Development dimension

In order for all standard development norms can be applied either, then BSN:

  • Strengthening Standards Development Technical Management function or Manajemen Teknis Pengembangan Standar (MTPS) is an institution which is a non-structural element function of BSN and has the task to give consideration and advice to the Head of BSN in order to establish policies to facilitate the management of development activities of SNI.
  • Strengthening the position of Indonesian Standardization Society or Masyarakat Standardisasi Indonesia (Mastan) is a non-governmental organization that is a media to provide a widest possible channel for stakeholders required to participate in the standardization process. In the development process of SNI , especially in the poll and approval phase of RSNI, the participation and consensus implementation can be involved more widely stakeholders.

In accordance to Industry Research Journal Vol. V, 2, 2011 that the number of SNI was growing continuously, until mid-2009 has reached more than 6,500 and around 4100 for industry , and continued to increase to 4250 at the end of 2010.

Based on the record of the Ministry of Industry or Kementerian Perindustrian  (Kemenperin),

  • throughout 2013 have been prepared as many as 91 new RSNI (draft of SNI).
  • as, over the last 4 years, has compiled 394 RSNI, 18 for industry sectors. The industry sectors i.e. machining, electronics and households, engineering, automotive parts, ship building and marine construction, and textile products.

What are the benefits of SNI implementation?

The implementation of SNI is in the aims for health, security, safety of humans, animals and plants, environment conservation, good and fair business competition, increased competitiveness, and / or an increase in efficiency and performance of the industry. As well as welcoming the Asean Economic Community (AEC) or Masyarakat Ekonomi Asean (MEA), which will take effect in December 2015, the SNI is needed to improve the competitiveness of domestic products.

Is SNI mandatory?

Implementation of SNI is essentially voluntary.
However, for the purposes of protecting the public interest, state security, national economic development and environment conservation, the Indonesia government may impose certain mandatory SNI.

SNI must be done through the publication of technical regulations by government agencies that have the authority to regulate the activities and the circulation of the product (the regulator). In this case, activities and products that do not meet the requirements of SNI be banned.

Thus SNI shall be done carefully to avoid some impact as follows:

(a) inhibit fair competition;
(b) inhibits innovation, and
(c) hinder the development of Small Medium Economics (SME)s or Usaha Kecil Menengah (UKM).

The best way is to limit the application of SNI for activities or products that have a fairly high degree of risk, so setting the activity and distribution of the products is absolutely necessary.

SNI shall be supported by market surveillance, both pre-market surveillance to establish activities or products that have met the terms of the SNI and post-market surveillance to monitor and correct the activities or products that have not complied with the SNI.

If the conformity assessment functions of the SNI is a voluntary recognition, hence the SNI mandatory conformity assessment is one of the requirements that must be met by all parties concerned. Thus conformity assessment functions as part of the pre-market surveillance is carried out by the regulator.

Considering that the application of technical regulations in a country also apply to imported products, then to avoid the barriers of international trade / WTO member countries including Indonesia have agreed Agreement on Technical Barrier to Trade (TBT) and the Agreement on Sanitary and Phyto Sanitary Measures (SPS). Efforts to reduce trade barriers will go well if each state in enacting mandatory standards, implementing Good Regulatory Practices.

Based on the reasons above, the Ministry of Industry has imposed a mandatory application of several SNI.

Related products hereinafter referred to as Mandatory SNI product or produk SNI Wajib.

SPPT-SNI is a requirement whether or not a product should be circulated to the Mandatory SNI markets.

Head of the Badan Pengkajian Iklim dan Mutu Industri (BPKIMI) Kementerian Perindustrian said it is targeting 71 SNI could be passed before the 2015 AEC. (KONTAN on Thursday – 04.11.2013). SNI imposed compulsorily include 636 HS or description of goods, mainly from the sectors of electronics, toys, until the garment.

Several examples of enforcement of mandatory SNI:

  • Regulation of the Minister of Industry (Permenperin) Number 35/M-IND/PER/4/2007 dated 17 April 2007 regarding the Indonesian National Standard (SNI) Cement compulsory and shall take effect six months after the date of enactment.
  • SNI must be met following the manufacturers and importers of fertilizer Permenperin No. issuance. 19/M-IND / Per/2/2009 on the Application of Fertilizer Compulsory SNI.
  • Government of the Republic of Indonesia through the Ministry of Industry, issued a Ministerial Decree number: 24/M-IND/PER/4/2013 About The Indonesian National Standard (SNI) Toys are mandatory. However, since its creation in October 2013, only 2% importers to label their products with labels that SNI. Whereas the government has issued Ministerial Decree No.. 24/2013 regarding the enforcement of SNI Toys compulsorily.

For more details, please read: “List of SNI which have imposed to be a mandatory SNI” at URL http://lpk.kemendag.go.id/daftar-sni-1.html

What are the sanctions for those found to have violated regulations mandatory SNI?

During this time, the offenders of SNI regulations shall only subject to administrative sanctions in the form of a written warning, administrative fines, temporary closure of business, industry business license suspension and / or revocation of the industry.

With Industry Act recently passed in December 2013, the Indonesian government will impose sanctions for any misuse firmer SNI rules with the threat of imprisonment shall be punished.

In a new Industry Act Section 120 or UU Perindustrian yang baru Pasal 120 – stated about the existence of criminal sanctions for those who commit violations.

Under this law, the offenders are punished not only those who intentionally commit the crime, but also for those who are proven to be negligent or intentionally.

First, any person who knowingly produce, distribute goods and / or  industry services which do not meet the ISO , technical specifications, guidelines ordinances compulsorily applied in industry as defined in Article 53 paragraph (1) letter b shall be sentenced a maximum of five years and maximum fine of Rp 3 billion.

Second, every person who because neglectful in manufacture, import, distribute goods and / or  industry services which do not meet the ISO , technical specifications, guidelines ordinances compulsorily applied in industry as referred to in Article 53 paragraph (1) letter b, shall be punished by a maximum imprisonment three years and a maximum fine of Rp 1 billion.

Furthermore, Article 53, paragraph 1, letter b stated that any person is prohibited from producing, importing and / or distributing the goods and / or industry services which do not meet the ISO , technical specifications, and / or guidelines are enforced ordinances mandatory.

When the offense is committed by a corporation?

In the case of criminal offense referred to in section 120 committed by a corporation, and the imposition of criminal charges levied against the corporation and / or managers.
 
Conclusion

Hopefully this article useful and this new law enforcement can provide a positive impact on the effectiveness of the implementation of SNI for the welfare and prosperity of society and bring happy for all.

Video : “Para Pedagang Mainan Mendukung Wajib SNI” (Courtesy of BeritaSatuTV)

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