Updated list of ingredients exempted from the halal certification requirement
Minister of Religious Affairs Decree No. 1360 of 2021 regarding Ingredients Exempted from
the Halal Certification Obligation
Enacted and came into force on December 27, 2021
This Decree stipulates guidelines for ingredients that are exempted from the obligation
to obtain halal certification. Exempted ingredients include (i) ingredients from plants
and mining without any cultivation process; (ii) ingredients categorized as without risk
of being haram (forbidden or proscribed by Islamic law); and/or (iii) ingredients that
are not categorized as harmful and are not related to any haram ingredients. It also
determines the classification of ingredients, as further elaborated in the Appendix.
Halal product guarantee for international cooperation
Minister of Religious Affairs Regulation No. 2 of 2022 regarding International Cooperation for
the Guarantee of Halal Products
Enacted and came into force on January 6, 2022
With the issuance of this Regulation, the Minister of Religious Affairs determines the
types and implementation of international cooperation for halal product guarantees.
This includes the initiation process, tax obligations, the drafting and discussion of the
cooperation script (naskah kerja sama), and the execution of such script. After an
international cooperation on halal product guarantee is up and running, it will be
subject to observation, evaluation and periodical reporting by the Halal Product
Guarantee Agency (Badan Penyelenggara Jaminan Produk Halal) to the Ministry of
Religious Affairs.
Health
BPOM decree on nutritional information for processed foods
Head of National Agency for Food and Drug Control (Badan Pengawas Obat dan Makanan,
or “BPOM”) Decree No. HK.02.02.1.2.12.21.494 of 2021 regarding the Addition of Type,
Description, Nutritional Value, and Servings of Processed Foods Produced by Micro and Small
Enterprises that Must Include Nutritional Value Information
Enacted and came into force on December 28, 2021
This Decree describes the additional nutritional information that micro and small
enterprises must include on certain processed foods they produce. The list of
processed foods affected and their nutritional values can be found in the Appendix of
the Decree. Micro and small enterprises must adjust the nutritional value information
for processed foods that obtained a marketing authorization prior to the enactment of
the Decree within 30 days after the enactment of the Decree. This Decree was issued
to implement BPOM Regulation No. 16 of 2020 regarding the Inclusion of Nutritional
Value Information for Processed Foods Produced by Micro and Small Enterprises.
New BPOM regulation on manufacture of cosmetics
BPOM Regulation No. 33 of 2021 regarding Certification of Cosmetic Good Manufacturing
Practices
Enacted and came into force on December 31, 2021
This Regulation requires cosmetic enterprises in Indonesia to obtain a Cosmetic Good
Manufacturing Practice (“GMP”) Certificate or a Fulfilment of Cosmetic GMP Aspects
Certificate when producing cosmetics. A Cosmetic GMP Certificate is a legal
document that certifies the enterprise has fulfilled good manufacturing practices in the
production of their cosmetics. A Fulfilment of Cosmetic GMP Certificate is a legal
document that certifies the enterprise is currently implementing, gradually or nongradually, good manufacturing practices in the production of their cosmetics. A
company can apply for a Cosmetic GMP Certificate through BPOM’s e-certificate
service. Once issued, a GMP Certificate will be valid for five years.
This Regulation sets out the requirements, procedures, timeline and renewal process
for a Cosmetic GMP Certificate and sanctions for violations of the provisions of this
Regulation.
Regulating claims on processed food labels and advertisements
BPOM Regulation No. 1 of 2022 regarding Supervision of Claims on Processed Food Labels
and Advertisements
Enacted and came into force on January 4, 2022
This Regulation concerns the use of claims such as nutritional, health, isotonic, vegan,
etc. on the labels of processed foods. A claim is any description that states, suggests,
or indirectly stipulates certain characteristics of a food product relating to its origin,
nutritional value, type, production, processing, composition, or other quality factors.
Claims on labels must be limited to nutritive/non-nutritive substances, type, amount,
and function; daily food intake; balanced nutrition; suitability of the food as a carrier of
nutritive/non-nutritive substances. Any claim or description on the label must
accurately reflect the actual food product. Claims in advertisements must be in
accordance with the approved label in the product’s marketing authorization. A claim
must also be proven with analysis from an accredited or government laboratory.
The Appendix of this Regulation sets out guidelines for the description of claims, e.g.,
the criteria for adding “without added sugar” or “without added salt”. With the issuance
of this Regulation, BPOM Regulation No. 13 of 2016 regarding Supervision of Claims
on Processed Food Labels and Advertisements is revoked and declared invalid.
Reporting requirements for the pharmaceutical industry
BPOM Regulation No. 2 of 2022 regarding Activity Reports for the Pharmaceutical Industry
and Pharmaceutical Wholesalers
Enacted and came into force on January 7, 2022
This Regulation requires entities that produce pharmaceutical products and
pharmaceutical product wholesalers to submit reports on their activities to the head of
BPOM. Required reports include those on the import and use of drug active
ingredients, drug production and distribution, realization of imports and exports of
drugs and drug materials, and the information/profile of the pharmaceutical industry
entity. The reports shall be submitted annually before January 15 of each year. Hard
drugs must be reported no later than January 25 of each year, and limited over-thecounter drugs and over-the-counter drugs must be reported no later than January 23
of each year.
The Regulation provides details on the required content of the reports and the
reporting mechanisms, and sanctions for failing to adhere to reporting obligations. With the issuance of this Regulation, BPOM Regulation No. 35 of 2019 regarding Reporting
of Pharmaceutical Industry Activities is revoked and declared invalid.
BPOM regulation on cosmetics products claims
BPOM Regulation No. 3 of 2022 regarding Technical Requirements for Cosmetics Claims
Enacted and came into force on January 7, 2022
This Regulation requires business entities to ensure that the cosmetic products they
circulate meet the technical requirements for any claims on the products’ labels and
advertisements. Such claims must fulfil the criteria for legal compliance, authenticity,
honesty and fairness, and they must be provable, clear and understandable. It is
prohibited to claim to be able to cure a disease. The holder of the cosmetics notification
number shall be responsible for any claims made on the product. This Regulation
provides guidelines for cosmetics claims and a list of allowed and prohibited claims.
Claims can only be made if they are authentic and objective. For example, a face
cream may claim that it moisturizes the skin, but a cosmetics product cannot claim to
be able to lessen rashes, cure stretch marks, etc.
With the issuance of this Regulation, BPOM Regulation No. 19 of 2015 regarding
Technical Requirements for Cosmetics Claims is revoked and declared invalid.
INDUSTRY
Import tariffs on motor vehicles
Minister of Industry Regulation No. 37 of 2021 regarding Amendments to Minister of Industry
Regulation No. 23 of 2021 regarding Four or More Wheeled Motor Vehicles
Enacted and came into force on December 31, 2021
This Regulation amends several tariffs for the import of certain motor vehicle
components as regulated further in the Attachment to this Regulation. The amended
import tariffs include those for the import of Completely Knocked Down (CKD) and
Incompletely Knocked Down (IKD) motor vehicles with four wheels or more.
The tariffs for certain components referred to in this Regulation were being applied
with the generally accepted import duty rates (most-favored nation). With the issuance
of this Regulation, the tariffs are now based on the tariff heading for each component
as provided in the relevant regulations.
New regulation on Low Carbon Emission Vehicles
Minister of Industry Regulation No, 36 of 2021 regarding Low Carbon Emission Four-Wheeled
Motor Vehicles
Enacted and came into force on December 31, 2021
This is an implementing regulation for Government Regulation No. 73 of 2019
regarding Taxable Goods Classified as Luxury Goods in the Form of Motorized
Vehicles Subject to Sales Tax on Luxury Goods, as amended by Government
Regulation No. 74 of 2021.
The Regulation provides that Low Carbon Emission Vehicles (“LCEVs”) are subject to
Sales Tax on Luxury Goods. Under this Regulation, companies that produce LCEVs
are required to obtain two types of Determination Letters, i.e., (i) Company
Determination Letter and (ii) Vehicle Determination Letter. The application for these
letters must be submitted electronically through the National Industrial Information
System (Sistem Informasi Industri Nasional or “SIINas”).
For more information, please contact:
Stephen Igor Warokka, Partner, SSEK
