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Kai Hauerstein (LL.M.)

🚀The Legal Business Environment in Indonesia

1y ago

Lawyer & Management Consultant with 20+ years in Development Cooperation. I write about Indonesia's Legal Business Environment to help professionals and businesses make informed decisions.

The Legal Business Environment in Indonesia: New Import Regulations Aim to Reduce the Pile Up of Containers

Indonesia's restrictive economic policies governing trade and investment have shown signs of change. For example, the government has revised the Law on Job Creation to ease foreign investment, which changes ca. 80 laws hampering investment.

A new regulation has exempted non-commercial goods from import licensing requirements, aiming to simplify procedures and address recent issues like container pile-ups.

While these revisions appear positive, they should be viewed cautiously, as policy shifts in Indonesia often include visible progress accompanied by less visible setbacks.

Moreover, the new regulations illuminate the quality of law-making and the potential for bureaucratic interests to undermine reforms that do not serve personal or institutional agendas.

What happened? Indonesia Revises Import Regulation to Exempt Non-Commercial Goods

  • Indonesia's government has revised the Minister of Trade Regulation (Permendag) from 36/2023 to 8/2024.

  • A key change in the new regulation is exempting non-commercial goods, or personal-use items not intended for trade, from the import licensing requirements.

  • Non-commercial goods will now be regulated separately through a Minister of Finance Regulation rather than subject to the Permendag.

  • This change is part of the government's efforts to simplify import procedures and address the issues caused by the previous regulation.

Why is it important? Reasons for Indonesia's Import Regulation Revision

  • The revised Permendag 36/2023 led to a significant pile-up of containers at major Indonesian ports because it could not be implemented.

  • The regulation's complexity and lack of clarity led to obstacles in obtaining Import Approvals and Technical Considerations, causing delays in the import process.

  • The accumulation of containers caused delays in the import process and disrupted the flow of goods, hindering international trade.

  • The exemption of non-commercial goods from the Permendag signals that the government is reducing the pile-up and easing strict trade regulations.

  • The regulation's complexity and impracticality suggest a lack of legislative quality as it could not be implemented, causing the pile-up in the first place.

Key Takeaway

The revision of Indonesia's import regulation, particularly the exemption of non-commercial goods, is a step towards addressing the issues caused by Permendag 36/2023. The revision also reminds us that low-quality laws can significantly affect the economy and businesses.

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