The Indonesian government has legislated Minister of Trade Regulation No. 12 of 2020 concerning Imported Prohibited Goods ("MOT Regulation No. 12/2020"). MOT Regulation No. 12/2020 is the implementing regulation of Law No. 7 of 2014 concerning Trade ("Trade Law") which stipulates that importers are prohibited from importing certain goods. Importers are defined as individuals or institutions or business entities, both in the form of legal entities and non-legal entities, that carry out imports.
Stipulation of prohibited goods from being imported are in the interest of the nation with the reason to protect national security and the public interest, including social, cultural and public morale; to protect intellectual property rights; and/or to protect human, animal, fish, plant, and environmental health and safety. Prohibited Goods from being imported shall be in accordance with the goods description and Post Tariff/HS Code, as referred to in the Appendix of the MOT Regulation No. 12/2020.
In the event that the Prohibited Goods from being imported is being re-imported, it must adhere to the following provisions:
Importer who violates this regulation and provision, shall be imposed with sanctions pursuant to the laws and regulations. Based on the Trade Law, in the event that an importer violates the prohibition of importing certain goods, the importer may be subject to a maximum imprisonment of 5 (five) years and/or a maximum fine of IDR 5,000,000,000 (five billion Rupiah).
If there are any queries with regards to how this may affect your business, please contact us for further legal consultation.
This information does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials are for general information only.