Last year, the Supreme Court has declared Article 2 paragraph (1) of Decree of the Minister of Trade No. 39/2010 on Import of Finished Product by Producers (“Decree No. 39/2010”) to be void and has no legally binding power. The specific provision provided that producers are allowed to import finished products to support is business expansion. Finished product is defined as products not used in the production process which is imported by the producers with its Industrial License or other similar licenses. With this, import has become more restricted.
However, the government continues to regulate importation of products into the country. Natsir Mansyur, a member of the revision committee of the Decree of the Minister of Trade mentioned that in Decree No. 39/2010, general importer will be allowed to import only one type of a group of products which consists of maximum 13 items. This will raise question because Decree No. 39/2010 is supposed to regulate import by producers, instead of general importers. Pending the issuance of the revised Decree, this will remain a question.