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PROMULGATION OF NEW PLANTATION LAW

Indonesian Government has promulgated Act No. 39 of 2014 on Plantation on October 17, 2014.

In spite of improvements in some issues, several NGOs still raised concern about the necessity for individual breeder (e.g. small farmers) to obtain Minister’s consent upon searching and selecting genetic resources (for example in Article 27). They hope that Government issues a further appropriate, clear regulation to elucidate such article.

The articles of the new law that might be relevant to genetic resources (GR) issues are the following:

Article 19

Central Government and Local Government in accordance with its respective capacity are obliged to protect, enrich, exploit, develop, and preserve genetic resources of Plantation Crops in accordance with the prevailing legislation.

Article 20

(1) The Central Government and Local Government in accordance with its respective capacity to conduct an inventory, registration, documentation, and maintenance of genetic resources of Plantation Crops.

(2) The Central Government and Local Government in accordance with its respective capacity referred to in paragraph (1) may cooperate with Plantation business practitioners and/or communities.

(3) Documentary data of genetic resources of Plantation Crops are open to Plantation business practitioners and / or communities for further utilization and development.

(4) Disclosure of documentary data referred to in paragraph (3) does not include those exempted under provisions of the law.

Article 21

(1) The utilization of genetic resources of Plantation Crops referred to in Article 19 is conducted in a sustainable manner.

(2) The Minister shall determine genetic resources of the endangered Plantation Crops by considering its nature, quantity, and distribution.

(3) Utilization of the endangered genetic resources are conducted under the permission of the Minister.

Article 22

(1) The Central Government shall facilitate the enrichment of Plantation Crop genetic resources through a variety of methods and introduction.

(2) The Central Government shall facilitate any permit and use of research facilities belonging to the Central Government or Local Government in accordance with its respective capacity for the enrichment of genetic resources Plantation Crops.

Article 23

(1) Every person is prohibited from exporting the endangered Plantation Crop genetic resources and/or [conducting related action] which may harm to the national interest of the territory of Republic of Indonesia.

(2) Further provision regarding Plantation Crop genetic resources referred to in paragraph (1) is regulated by the Minister Regulation.

Article 24

(1) The Central Government specifies those types of Plantation Crop seeds for which the exportation from and/or importation into the territory of the Republic of Indonesia shall require permission.

(2) The seeds exportation from and/or importation into the territory of the Republic of Indonesia shall obtain permit from the Minister.

(3) Imported seeds from overseas should meet the minimum quality or technical requirement.

(4) Further provision regarding the minimum quality or technical requirement as stated in paragraph (3) shall be regulated in Government Regulation. 

Article 25

Introduction as referred to in Article 22 and the prohibition of exporting the endangered Plantation Crop genetic resources and/or [conducting related action] which may harm to the national interest of the territory of Republic of Indonesia as referred to in Article 23 are managed in accordance with the provision of law.  

Article 27

(1) The discovery of high yielding varieties shall be conducted through plant breeding.

(2) Search and collection of genetic resources in the context of plant breeding is conducted by the Central Government.

(3) The searching and collecting activities for genetic resources as referred to in paragraph (2) can be carried out by an individual or legal entity by consent of the Minister.

(4) The Central Government and Local Government in accordance with its respective capacity shall initiate preservation of genetic resources together with the community.

(5) The procedure of searching, collecting, and preserving the genetic resources shall be further regulated in Government Regulation.

(by Kusno Hadi Kuncoro)