Provisions of Quarantine of Animals, Fish, and Plants

PERTANYAAN

Is there a regulation that animals, fish, and plants can be quarantined? If so, how are they regulated?

INTISARI JAWABAN

True, according to Law Number 21 of 2019 on Quarantine of Animals, Fish, and Plants, quarantine can be conducted on animals, fish, and plants to prevent the entry, exit, and spread of pests and diseases. Quarantine measures are carried out by quarantine officials at the time before the import or export customs announcement is submitted.

Therefore, what do the provisions regarding quarantine sound like?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Ketentuan Karantina Hewan, Ikan, dan Tumbuhan written by Bernadetha Aurelia Oktavira, S.H. and published on Tuesday, 19 November 2019.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Quarantine of Animals, Fish, and Plants

To answer your question, we will refer to Law Number 21 of 2019 on Quarantine of Animals, Fish, and Plants ("Law 21/2019") which came into force on October 18, 2019. The definition of animal, fish, and plant quarantine is stated in Article 1 number 1 of Law 21/2019 which reads:

Animal, Fish, and Plant Quarantine, hereinafter referred to as Quarantine, is a system of preventing the entry, exit, and spread of pests and quarantine animal diseases, pests and quarantine fish diseases, and quarantine plant pest organisms; as well as supervision and/or control of food safety and food quality, feed safety and feed quality, genetically modified products, genetic resources, biological agents, invasive alien species, wild plants and animals, and rare plants and animals that are imported into, spread from one area to another area, and/or exported from the Republic of Indonesia.

The purpose of the implementation of this quarantine is to:[1]

1. prevent the entry of Pests and Quarantine Animal Diseases, Pests and Quarantine Fish Diseases, and Quarantine Plant Pest Organisms from abroad into the territory of Indonesia;
2. preventing the spread of Pests and Quarantine Animal Diseases, Pests and Quarantine Fish Diseases, and Quarantine Plant Pest Organisms from one area to another within the territory of Indonesia;
3. preventing the escape of Pests and Quarantine Animal Diseases, Pests and Quarantine Fish Diseases, and Quarantine Plant Pest Organisms from the territory of Indonesia;
4. preventing the entry or exit of food and feed that do not comply with safety and quality standards;
5. preventing the entry and spread of biological agents, invasive foreign species, and Genetically Modified Products (also known as Genetically Modified Organisms/ “GMOs”) that have the potential to disrupt human health, animals, fish, plants, and environmental sustainability; and
6. preventing the exit or entry of wild plants and animals, rare plants and animals, and Genetic Resources from the territory of Indonesia or between areas within the territory of Indonesia that are not in accordance with the provisions of laws and regulations.

The implementation of quarantine is the authority of the central government through quarantine measures and supervision and/or control of carrier media that are:[2]

1. entered/imported into the territory of Indonesia
2. released/exported from the territory of Indonesia;
3. entered or released from one area to another area within the territory of Indonesia; or
4. transmitted within or outside the territory of Indonesia.

The carrier media referred to according to Article 1 number 18 Law 21/2019 are animals, animal products, fish, fish products, plants, plant products, food, feed, GMOs, Genetic Resources, biological agents, invasive foreign species, wild plants and animals, rare plants and animals, and/or other carrier media that can carry: Pests and Quarantine Animal Diseases, Pests and Quarantine Fish Diseases, and Quarantine Plant Pest Organisms.

Quarantine Officials

In order to implement quarantine, based on Article 10 Law 21/2019, the central government is obliged to provide human resources, infrastructure, and facilities.

The human resources in question, namely quarantine officials and other officials.[3] The quarantine officials must have competence in accordance with their fields and are functional officials who are appointed and dismissed in accordance with the provisions of laws and regulations, consisting of:[4]

1. animal quarantine officials;
2. fish quarantine officials; and
3. plant quarantine officials.

The duties of quarantine officials in carrying out quarantine measures include:[5]

1. inspection;
2. seclusion;
3. observation;
4. treatment;
5. detention;
6. rejection;
7. destruction; and
8. release.

In addition to carrying out the duties as mentioned, quarantine officials are authorized to:[6]

1. enter and inspect conveyances, warehouses, storerooms, aprons, container terminals, as well as departure and arrival halls for passengers at points of entry and points of discharge to determine the presence or absence of carrier media being entered and removed;
2. open or order others to open wrappers, packaging, shipment packages, containers, baggage, or holds to determine the presence or absence of carrier media that will or are being transited;
3. enter and inspect storage, stockpiling, or other designated places or places where it is suspected that there are carrier media originating from abroad or other areas and quarantine measures have not been taken;
4. examine all carrier media and take samples for further examination in the laboratory;
5. prohibit any unauthorized person from entering the installation, place of conveyance, and/or place of implementation of quarantine measures without the approval of quarantine officials;
6. prohibit any person from unloading or moving carrier media that are being subjected to quarantine measures;
7. prohibit any person from keeping, slaughtering, or killing animals at the place of entry, at the place of discharge, or at the quarantine installation, except with the approval of the quarantine officer;
8. prohibit any person from unloading or disposing of animal and fish carcasses, plants, feed residues, and garbage from conveyances that have been in contact with animals and fish;
9. determine the method of care and maintenance of carrier media that are subject to quarantine measures; and
10. unseal and seal carrier media, packaging, conveyances, and installations that are being used as places of seclusion, observation, or detention.

Referring to Article 28 Law 21/2019, quarantine measures carried out by quarantine officials are carried out before an import or export customs announcement is submitted and carried out using risk categories. What is meant by "risk category" is a risk analysis carried out to determine whether the carrier media falls into the low, medium, or high-risk category.[7]

Criminal Sanctions

Every person who imports carrier media into the territory of Indonesia must:[8]

1. complete a health certificate from the country of origin for animals, animal products, fish, fish products, plants, and/or plant products;
2. import the carrier media through the place of entry determined by the central government; and
3. report and submit the carrier media to the quarantine official at the place of entry designated by the central government for the purposes of quarantine measures and supervision and/or control.

For violation of these provisions, the perpetrator will be subject to a maximum imprisonment of 10 years and a maximum fine of IDR 10 billion.[9]

Furthermore, every person who removes carrier media from the territory of Indonesia must:[10]

1. complete a health certificate for animals, animal products, fish, fish products, plants, and/or plant products;
2. export carrier media through the place of release determined by the central government; and
3. report and submit the carrier media to the quarantine official at the place of release designated by the central government for the purposes of quarantine measures and supervision and/or control.

Violators of these provisions will be punished with a maximum imprisonment of 3 years and a maximum fine of IDR 3 billion.[11]

Then, every person who imports and/or releases carrier media from one area to another within the territory of Indonesia must:[12]

1. complete a health certificate from the place of release established by the central government for animals, animal products, fish, fish products, plants, and/or plant products;
2. enter and/or release carrier media through the entry and exit points determined by the central government; and
3. report and submit carrier media to quarantine officials at the entry and exit points determined by the central government for the purposes of quarantine measures and supervision and/or control.

Based on Article 88 Law 21/2019, perpetrators who violate the above provisions can be punished with a maximum imprisonment of 2 years and a maximum fine of IDR 2 billion.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

Law Number 21 of 2019 on Quarantine of Animals, Fish, and Plants.

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[1] Article 7 Law Number 21 of 2019 on Quarantine of Animals, Fish, and Plants (“Law 21/2019”).

[2] Article 9 section (1) and (2) Law 21/2019.

[3] Article 13 Law 21/2019.

[4] Article 14 Law 21/2019.

[5] Article 16 section (1) Law 21/2019.

[6] Article 16 section (2) Law 21/2019.

[7] Elucidation of Article 28 section (2) Law 21/2019.

[8] Article 33 section (1) Law 21/2019.

[9] Article 86 Law 21/2019.

[10] Article 34 section (1) Law 21/2019.

[11] Article 87 Law 21/2019.

[12] Article 35 section (1) Law 21/2019.