Jurnal Hukum Volkgeist

Volume 4 Issue 1, December 2019
P-ISSN : 2528-360X, E-ISSN : 2621-6159

Legal review of the procurement authorisation of the

imported fresh food, fruit and vegetables

Yeni Haerani1, Edy Nurcahyo2

Abstract Author’s Information:
Fresh food products imported fruits and vegetables in circulation

that do not meet the requirements in accordance with statutory

regulations can endanger human safety because food security is

not guaranteed. The existence of a marketing authorization and

supervision of imported fresh fruit and vegetable food products is

needed to maintain food security. The research method used is the

normative legal research method that is the legal research method

of literature with the method used to examine existing library

materials related to the object examined by the regulatory

approach (statue approach). The results showed that before the

imported fresh fruits & vegetables food products were circulated,

they had to go through several quarantine measures or

inspections. After passing the test, they would get a distribution

permit for fresh food products along with the registration number

on the imported fruit & vegetable label. If the distribution permit

for fresh food products is ignored by business actors, they will be

subject to criminal and administrative sanctions. The purpose of

supervision is to provide protection to consumers and prevent the

circulation of imported fresh fruit and vegetable food products that

can endanger consumers' health.

Keywords: Distribution Permit; Fresh Fruit and Vegetable

Products; Consumer Protection

1Fakultas Hukum Universitas

Sembilanbelas November,

(haerani@usn.ac.id)

2Fakultas Hukum Universitas

Muhammadiyah Buton,

(cahyonur3dy@gmail.com)

Article’s Information:
DOI:

https://doi.org/10.35326/volkge

ist.v4i1.429

1. Introduction
Food is the most basic human need and its fulfillment is part of the basic rights of

every Indonesian people. Based on Law No. 18 of 2012 explicitly explains that the

implementation of food as a basic human need, aims to provide diverse food and meet the

safety, quality and nutritional requirements for public consumption. Fresh food is food

that has not been processed, fresh food can be consumed directly or indirectly, which can

also be used as raw material for food processing. Fresh food has now become the demands

of consumers, therefore aspects of food safety and quality are important aspects of food.

The Government of the Republic of Indonesia in accordance with Law No. 18

About Food is mandated to ensure that the available food must be sufficient, both quantity

and quality, safe, diverse, nutritious, equitable, and affordable and does not conflict with

the religion, beliefs and culture of the community, to be able to live healthy, active and

productive sustainable. This is in accordance with the declaration of the Food and

Agriculture Organization (Food and Cultural Organization / FAO) and the World Health

Organization (World Health Organization / WHO). (Purwiyatno Hariyadi, Nuri

Andarwulan. Journal) The United Nations emphasizes that every individual has the right

to adequate and safe nutritional value of food. Once the importance of these safety and

quality aspects, the FAO / WHO in 2014, again emphasized that it is the right for every

individual to obtain safe, adequate and nutritious food. This is important to disclose so

that the government has a better commitment to ensure food security.

mailto:haerani@usn.ac.id
mailto:cahyonur3dy@gmail.com
https://doi.org/10.35326/volkgeist.v4i1.429
https://doi.org/10.35326/volkgeist.v4i1.429

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

Provision of high quality food products that are safe for consumption is the right of

consumers who must be fulfilled by the state. Fulfillment of food safety requirements

aims to protect consumers from the dangers of poisoning and food origin diseases.

Important elements that cause food safety hazards need to be considered by all parties

involved in the procurement process to the presentation of food products. Thus,

guaranteeing food security is essentially a shared responsibility between food producing

countries, governments, and consumers.

The flood of imported fruit in the State of Indonesia (Efnita, 2012) has been going

on for a long time since the existence of free trade through the signing of a Framework

Agreement on Comprehensive Economic Cooperation between ASEAN Countries and

the People's Republic of China (ACFTA) on November 4, 2002 in Cambodia. In

Indonesia ACFTA (Asean-China Free Trade Agreement) through Presidential Decree

Number 48 of 2004 dated June 15, 2004. That this free trade agreement between ASEAN

countries and China came into force on January 1, 2010.

Data from the Central Statistics Agency (BPS, 2019) shows that Indonesia as an

ASEAN member country with the largest population and market has close trade relations

with China and several other countries such as the United States, Thailand, Australia,

Pakistan, Peru, Zealand New, Vietnam, South Africa, Egypt. BPS noted that China still

dominates as the largest importer of fruit and vegetable commodities. The contribution of

imported fruits from China ranging from apples, grapes, pears, longan garlic, carrots,

onions and others, reached 52.3% valued at US $ 218.02 million from a total import of

US $ 416.97 million. While the contribution of the value of Chinese vegetable imports

reached 67.15% with a value of US $ 271.8 million of the total value of US $ 404.6

million supplied by various countries.

In 2018, according to the Head of DKI Jakarta Maritime Affairs, Agriculture and

Food Security (KPKP), (Auliani, 2015) wax coating is a prohibited substance and is

usually found in imported fruits. Case of Listeria monocytogenes apples in 2015, in 2018

New South Wales (NSW) Health data, noted three Australians were killed after

consuming rock melon (cantaloupe) which was contaminated with Listeria bacteria.

Related to the finding of Listeria monocytogenes bacteria in the United States. The

finding is also a momentum to test Apple imports from all countries, because the portion

of Apple imports is quite significant. The Directorate General of Disease Control and

Environmental Health of the Ministry of Health explained that the Listeria bacteria are

susceptible to pregnant women can damage the fetus in the womb, children whose

immune systems are low, elderly people, people with HIV-AIDS, to cancer patients

especially Leukemia patients .

The quality and safety of imported fresh fruits and vegetables is very important,

therefore a state obligation to protect consumers from bacteria or substances that are

harmful to health, causing various diseases. This is confirmed in Law No. 8 of 1999

concerning Consumer Protection, Republic of Indonesia Government Regulation No.28

of 2014 concerning Food Quality and Nutrition Safety that "the community needs to be

protected from food that can harm and / or endanger health".

Food safety is the condition and effort needed to prevent food from possible

biological, chemical and other contaminants that can interfere with, harm, and endanger

human health. Food safety requirements are standards and other provisions that must be

met to prevent food from possible dangers, whether due to biological, chemical

contamination and other objects that can disturb, harm and endanger human health.

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

Food safety standards are mentioned in Article 36 and 37 of the Republic of

Indonesia Government Regulation No.28 of 2014 concerning Food Quality and Nutrition

Safety, that any food that is imported into Indonesian territory for distribution must meet

the provisions of the legislation in the field of food safety, quality, and nutrition and other

applicable laws and regulations. That with regard to fresh food that will be imported into

Indonesian territory for distribution, the Ministers responsible for agriculture or fisheries

are in accordance with their respective fields of duty and authority

Based on the description and problems, it needs to be discussed formulated in this

article is How to Arrange Imported Fresh Fruit and Vegetable Food Products circulating

in Indonesia? How is the supervision and legal protection of consumers from imported

fresh fruit and vegetable food products circulating in Indonesia?

2. Method

The research method used is the normative legal research method that is the legal

research method of literature with the method used to examine existing library materials

related to the object examined by the regulatory approach (statue approach).

3. Results and Discussion

3.1.The Importance of Regulatory Distribution Permits for Fresh Food Products

Registration Numbers on Imported Fruit and Vegetable Labels

To protect from food products that endanger health, one of the government's

policies is to establish regulations or rules to support food products that meet the safety,

quality and nutritional requirements for public consumption. Indonesia already has

regulations for food products in general and in particular fresh imported food in various

laws and regulations, including the following:

a) Law Number 12 of 2012 concerning Food

Article 37 paragraph (1): Food Imports that are carried out to meet domestic

consumption needs are required to meet security, quality, nutritional

requirements, and do not conflict with the religion, beliefs and culture of the

people.

Article 67 paragraph (2): Food Safety is intended to prevent the possibility of

biological, chemical and other contaminants that can interfere with, harm and

endanger human health.

Article 86 paragraph (2): Every person who manufactures and trades food

must meet the Food Safety and Food Quality standards.

Article 97 paragraph (2): Every person who imports food for trade must attach

a label in and / or on Food Packaging when entering the territory of the

Unitary Republic of Indonesia.

b) Regulation of the Minister of Agriculture Number: 51 / Permentan / Ot.140 / 10/2008
concerning Requirements and Procedure for Registration of Fresh Food of Plant

Origin

Article 40 paragraph (1) Fresh food business operators are responsible for

guaranteeing the quality and food safety of products and must put the registration

number on the label in a place that is easy to see and read and not easily erased.

Paragraph (2) The registration number listed as referred to in paragraph (1) applies to

the product registered.

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

c) Law Number 36 Year 2009 Concerning Health

Article 7: Everyone has the right to obtain information and education about balanced

and responsible health.

d) Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrition

Article 4 paragraph (1): ways of cultivation that pay attention to aspects of

food security, among others by: Preventing land use where the environment

has the potential to threaten food security; Control biological pollution, pests

and animal and plant diseases that threaten food security; and Pressing to a

minimum, chemical residues contained in food raw materials as a result of the

use of fertilizers, pest and disease control drugs, growth promoting agents

and inappropriate animal medicines.

e) Regulation of the Minister of Agriculture No. 48/2009 concerning Good Agiculture
Practices (GAP) of Fresh Fruits and Vegetables

One of the backgrounds of this Regulation is to demand producing countries

to increase the competitiveness of products, including fruits and vegetables,

so that the quality, nutritional and food safety requirements can be achieved.

f) Regulation of the Minister of Trade of the Republic of Indonesia Number 30 / M-Dag
/ Per / 5/2017 concerning Provisions on the Import of Horticultural Products

Pasal 1 ayat (8): Persetujuan Impor adalah persetujuan yang digunakan

sebagai izin untuk melakukan Impor Produk Hortikultura.

Pasal 1 ayat (9): Label adalah setiap keterangan mengenai Produk

Hortikultura yang berbentuk gambar, tulisan, kombinasi keduanya, atau

bentuk lain yang memuat informasi tentang produk dan keterangan pelaku

usaha serta informasi lainnya sesuai dengan ketentuan peraturan

perundang-undangan yang berlaku, yang disertakan produk, dimasukkan ke

dalam, ditempelkan pada, atau merupakan bagian kemasan.

Article 3 paragraph (1): Import of Horticultural Products can only be carried

out by: (a) the company which owns the Importer's Identification Number

(API); and (b) BUMN that has been assigned and the Minister of BUMN

g) Regulation of the Minister of Agriculture Number 42 / PERMENTAN / OT.140 /
6/2012 concerning Plant Quarantine Measures for the Entry of Fresh Fruits and Fresh

Fruit Vegetables into the Territory of the Republic of Indonesia (State Gazette of the

Republic of Indonesia of 2012 Number 631)

h) Law Number 8 of 199 Concerning Consumer Protection

Article 8 paragraph 1 (a): Business actors are prohibited from producing and / or

trading goods and / or services that do not meet or do not meet the required standards

and the provisions of the legislation.

i) Law Number 13 Year 2014 Regarding Halal Product Guarantee

Pasal 38: Pelaku Usaha yang telah memperoleh Sertifikat Halal wajib

mencantumkan Label Halal pada: (1) Kemasan Produk; (2) Bagian Tertentu

dari Produk; dan/atau (3) Tempat tertentu dari Produk.

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

These legal products as outlined in the sharing of regulations or regulations are used

as official instruments to provide safe food security which is the consumer's right that

must be fulfilled by business actors and the state is obliged to protect the rights of these

consumers.

The procedures for registration of imported fresh food products are monitored by

the Ministry of Agriculture.

Registration of Fresh Plant Originated Food Products (PSAT) from Foreign Imports

online by the Central Food Safety Compontent Authority (OKKP-P). (SOP for Fresh

Plant Originating Food Services (PSAT) Origin of Imported (Imported) Online)

Terms and Procedure for Registration of Fresh Food Products from PSAT Plants

1) Administrative Requirements:

Must: a. A stamped application letter is addressed to the chairperson of the OKKP-

P.p. Head of Plant Variety and Agricultural Licensing Protection, hereinafter referred to

as PPVTPP (b). Scan / Photo of the applicant's Identity Card; (c). Scan / Photo of

Taxpayer Identification Number / NPWP; (d). Scan / Photo of company establishment

deed and its changes; (e). Scan / Photo Certificate of domicile; (f). Scan / Photo of

Company Registration Certificate; (g). Scan / Photo of Business Place Permit;

Additional / Not Required: (h). Scan / Photo of Trading Business License / SIUP;

(i). Scan / Photograph of Trademark Certificates (mandatory for products that include ™

and / ® on the brand in the label); (j). Scan / Photograph of identification documents of

registered importers / importers (mandatory for businesses importing products subject to

API provisions).

2) Technical Requirements:

Must: (a) Scan / Photo Certificate of composition / content of the product; (b)

Photograph of sample packaging; (c). Scan / Photo label or label design; (d) Scan /

Photograph of the results of hygiene sanitation assessment of production and distribution

facilities from OKKP; (e) Scan / Photograph of Standard Operation Procedure (SOP); (f)

Scan / Photograph of supplier / exporter country of origin; (g) Scan / Photo list of

distributors; (h) Scan / Photo Certificate of Analysis; (i) Scan / Photo Certificate of

Release of PSAT products from Quarantine; (j) Scan / Photo Product test results from

laboratories for products that are not regulated in quarantine regulations or provided by

regulations

Addition / Non-compulsory (k) Scan / Photograph of quality assurance and food

safety certificates for business actors who have (mandatory for actors who put claims on

the label) or SNI certificates for products subject to mandatory SNI provisions; (l) Scan /

Photograph of a License for a product produced under license; (m) Scan / Photograph of

Repackaging Certificate for repackaged products; (n) Scan / Photo of Import

Appointment Letter (Import Permit); (o) Scan / photo Import recommendation letters for

PSAT subject to import; (p) Scan / Photograph of work agreement / work contract for

PSAT products manufactured under a contract (maklon);

3) PSAT Registration Procedure

(a) Request for PSAT registration is submitted to the Chairperson of OKKP-P up

to the head of PPVTPP online through the SIMPEL Website of the Ministry of

Agriculture by completing the required registration documents; and provide answers to

reject or accept applications for registration to the applicant through the specified

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

application, (c) Applications received are forwarded to the Head of the Food Security

Agency as the Chairperson of OKKPP; (d) The Chairperson of OKKPP provides the

disposition of PSAT registration; (e) The OKKP-P officer / admin / auditor checks the

adequacy of the PSAT registration documents as outlined in the results form of the

assessment of the adequacy of the PSAT registration documents; (f) The results of the

assessment of the adequacy of documents by the Officer / admin / auditor as referred to

in item e are reported to the Head of the Fresh Food Safety Division or the team appointed

to review the results of the assessment (Review); (g) The Head of the Fresh Food Safety

Division or the appointed team (Reviewer) reviews the results of the PSAT registration

document evaluation and then recommends approval or rejection of the issuance of the

PSAT registration number as outlined in the minutes of the review approved by the Head

of Diversity Center Consumption and Food Safety: (h) Application for registration that

has not met the requirements is returned to PPVTPP to be notified to the Applicant; (i)

For requests that meet the requirements, the head of the PKKP Center submits a

recommendation on the decision to issue the PSAT registration number to the Head of

the BKP as the Chairperson of OKKPP; (j) The Head of BKP as the Chairperson of

OKKPP gives the decision to issue the PSAT registration number. The Head of BKP as

the Chairperson of OKKPP provides a sign of validation against the decision to issue the

PSAT registration number; (k) the Admin of OKKPP submits the decision of the Head of

BKP as the Chairperson of OKKPP on the issuance of the PSAT registration number

forwarded to PPVTPP; l. PPVTPP submits PSAT registration results to the applicant.

Note: (a) The letter of the results of sanitation assessment of production and

distribution sanitation can be obtained by the business actor by submitting an inspection

request to the Head of BKP as the Chairperson of OKKPP; (b) Business product test

results from the laboratory can be obtained by business actors by submitting applications

for sampling PSAT products to the Head of BKP as the Chairperson of OKKPP; (c)

Sanitation hygiene inspection of production and distribution facilities and sampling of

PSAT products can be submitted in 1 (one) application; (d) The result of sanitation

hygiene assessment of production and distribution facilities can be used for more than 1

(one) submission of application for PSAT registration as long as it is still valid; (e)

Laboratory product test results only apply to products that are registered according to the

identity listed on the test results report; (f) Application for sanitation inspection of

production and distribution sanitation facilities and sampling of PSAT products are

carried out before the PSAT registration process.

While the manual registration of Fresh Foods from Plant Originating from Imports

contained in Articles 21 to 39 of the Minister of Agriculture Regulation Number: 51 /

Permentan / Ot.140 / 10/2008 concerning Requirements and Procedures for Registration

of Fresh Foods from Plants.

Article 21

(1) Fresh food originating from income can be requested for registration

number: (2) Application for registration number as referred to in paragraph

(1) shall be submitted in writing by fresh food business actors to the Head of

Licensing and Investment Center by using form-1 as listed in Attachment I as

an inseparable part of this Regulation. (3) The application as referred to in

paragraph (2) shall be accompanied by the requirements referred to in Article

5 with sufficient stamp duty. (4) The Head of the Licensing and Investment

Center after receiving the application for registration number as referred to

in paragraph (2) within a period of no later than 3 (three) working days must

Jurnal Hukum Volkgeist Yeni Haerani. 4(1): 82-92

have finished checking the required documents and giving answers to delay,

accept or reject.

The Importance of Arranging Permits for the Distribution of Fresh Food Products

and Imported Vegetables both to consumers and businesses for food that is imported into

the territory of the Republic of Indonesia for distribution. Benefits of marketing

authorization for consumers include: (1) consumers in consuming fresh food safe

imported fruits and vegetables do not contain toxic substances that can harm or endanger

health or life. (2) consumers avoid all forms of loss. Likewise the benefits of a marketing

permit for business actors include: (1) the existence of a marketing permit for imported

fresh food becomes legal. (2) the emergence of consumer confidence in fresh food sold

in the market.

3.2.Consumer Protection in the Distribution of Fresh Food Products Imported

Fruits and vegetables

Consumer protection is very important to the circulation of fresh fruit and vegetable

food products that are consumed in quantity every day by the community. In fact, it does

not only provide protection to consumers but on the contrary can improve the business

climate for businesses in the supply of quality fresh fruit and vegetable foods that meet

the safety, quality and nutrition requirements for public consumption.

With the enactment of Law Number 12 Year 2012 concerning Food which is the

main regulation to provide protection to consumers and producers of healthy, safe and

halal food. Then the food law was strengthened by the elaboration of the Act, which was

outlined in various forms of Government Regulations (PP) Regarding food quality and

nutrition as well as food security.

The main function of law is to protect the interests that exist in society. (Mahendra

Abdi, Collection of Legal Theories) Roscoe Pound, in his theory Law as a tool of social

engineering "law as a tool of renewal in society / manipulating society". According to

Roscoe Pound classifying the interests that must be protected by law, including:

1. Public Interest

a) The interests of the State as a Legal Entity

b) The interests of the state as guardians of the interests of society

2. Community interests (social interest)

a) Prevention of violations of rights

b) Social welfare

3. Private interests

a) Individual interests

b) Family interests

c) The interests of property rights

Social Engineering is systematic, starting from the identification of problems to the

solution, namely: 1) Identifying the problems faced as well as possible; 2) Understand the

basic values that exist in society; 3) Follow the course of applying the law and measure

its effects.

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Legal fiction is a principle that assumes a person knows the law (presumptio iures

de iure). True legal fiction becomes a consequence that the government is obliged to

convey the existence of certain laws or regulations to the general public and business

actors in particular that must be supported by adequate legal socialization. So that

consumer rights and consumer interests are integratively and comprehensively protected

from business actors who do not carry out their obligations in accordance with applicable

laws and regulations.

Basically, consumer protection is part of consumer law that is united and

inseparable. The definition of consumer law and consumer protection law (Nasution,

2006) Consumer Protection Law is as a whole the principles and rules governing the

relationships and issues of the supply and use of goods and / or services between suppliers

and users in social life. Whereas the limitation of consumer protection law as a special

part of consumer law is the whole of the principles and rules that govern and protect

consumers in the relationships and problems of providing and using them in social life.

3.3.Supervision of the Distribution of Fresh Food Products for Imported Fruits and

Vegetables

Handling the entry of imported fruits and vegetables, the government plays a direct

role. The role of the government starts from monitoring, checking the health of fruits and

vegetables, and issuing certificates of eligibility that the fruits and vegetables are safe for

distribution on the market.

According to the Big Indonesian Dictionary the term "supervision" comes from the

word 'watch out' meaning to pay close attention, in the sense of looking at things carefully

and carefully, there is no more activity except to give a report based on the actual reality

of what is being watched. If analyzed further from the term 'supervision' is a plan that has

been outlined / planned in advance whether it has been carried out in accordance with the

initial plan and whether the objectives have been achieved.

According to Lyndal F. Urwick, supervision is an effort for something to be carried

out in accordance with established rules and issued instructions (Nurcahyo, 2018).

According to M. Manullang, supervision is a process to determine what work has been

done, assess it and correct it if necessary, with the intention that the implementation of

the work is in accordance with the original plan. According to Prayudi, (Prayudi, 1981)

supervision is a process to determine what work is carried out, performed, carried out

with what is desired, planned or noticed. According to Syaiful Anwar (Anwar, 2004)

Supervision or control of the actions of the government apparatus is needed so that the

implementation of the assigned tasks can achieve the objectives and avoid deviations.

From these definitions, it can be concluded that supervision is a process of ongoing

activities carried out to find out what work has been carried out, then conducted an

assessment and correct whether the implementation is appropriate or not. Besides

Supervision is an assessment which is a process of measurement and comparison of the

results of real work that has been achieved with the results that should be achieved.

Supervision in terms of time is divided into two categories (Sudjamto, 1986): a) A

priori supervision or preventive supervision, namely supervision carried out by the higher

government apparatus of the decisions of the lower apparatus. Supervision is carried out

before the issuance of a decision or statute of state administration or other regulations by

way of ratification of the said regulation or regulation. If the said regulation or regulation

has not yet been ratified, the said regulation or regulation does not yet have legal force ;

b) A-posteriori supervision or repressive supervision, namely supervision carried out by

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the higher government apparatus of the decisions of the lower government apparatus.

Supervision is carried out after the issuance of government decisions or decrees or

government actions. Actions in repressive supervision can result in repeal if the

government decree is contrary to the higher laws and regulations. In an emergency

situation action can be taken by deferring the provisions that have been issued before

revocation.

Supervision of fresh food safety (Guidelines for Implementing the Supervision of

Safety and Quality of Fresh Food in 2017) is an effort made in order to ensure the safety

of fresh food that circulates through inspection, sampling, monitoring and testing.

Fresh Food supervision activities start from monitoring to the test results. Based on

the conclusion of the definition of supervision, if it is associated with the supervision of

imported fresh fruit and vegetable food, supervision must be carried out Preventive and

Repressive. Preventive supervision can be carried out by conducting socialization as well

as coaching business operators on the importance and mandatory distribution permit for

imported fresh food fruits and vegetables. Repressive supervision is carried out by means

of regular and ongoing checks on fresh food fruits and vegetables that have been

circulating in the market.

Supervision mechanism for the entry of imported fruits and their implementation.

Based on Government Regulation No. 14 of 2002 concerning Plant Quarantine that every

imported fruit that enters Indonesia will be subject to quarantine (inspection, exile,

observation, treatment, detention, rejection, annihilation, and release) before receiving a

statement may be circulated or destroyed.

Based on Government Regulation No. 28 of 2004 concerning Food Quality and

Nutrition Safety, related to the distribution of authority for supervising food safety

especially for fresh food, the Ministry of Agriculture through the Center for Diversity

3.4.Sanctions for Violation of Circulatory Circulation of Imported Fresh Food

Products and Vegetables

Permission is one of the most widely used instruments in administrative law. One

of the subjects of administrative law is the government, the government uses permits as

a legal tool to regulate the import of fresh fruit and vegetable food products so that they

can avoid the provisions of deviations from the prevailing laws and regulations.

With the existence of a licensing system, lawmakers can pursue goals, (NM,

Spelled, JBJM Ten Derge: 1992, including: 1) the desire to direct or control certain

activities, 2) prevent environmental / certain hazards, 3) directives by selecting people

and activities carried out.

Article 140 of Law No.18 of 2012 Concerning food: "Every person who produces

and trades food that intentionally does not meet the food safety standards as referred to

in article 86 paragraph 2 shall be sentenced to a maximum imprisonment of 2 (two) years

or a maximum fine a lot of Rp.4,000,000,000.00 (four billion rupiah) ".

The provisions of Article 140 of Law No.18 of 2012 concerning food only mention

generally about food that does not meet food safety and food quality standards, but

basically fresh horticultural products are categorized as fresh food. In particular, fresh

imported horticultural products are regulated in article 128 of Act No. 13 of 2010

concerning Horticulture.

Article 122 paragraph (2) of Law No.13 of 2010 concerning Horticulture.

Administrative sanctions in the form of: (a) written warning; (b) administrative fines; (c)

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temporary suspension of activities; (d) product withdrawal from circulation by business

actors; (e) revocation of licenses; and / or (f) business closure.

Article 136 of Law No.18 of 2012 concerning Food: "Everyone who carries out

Food Production for distribution who deliberately uses: a. Food additives exceed the

maximum threshold set; b. material which is prohibited from being used as food additives

as referred to in Article 75 paragraph (1) shall be liable to a maximum imprisonment of

5 (five) years or a maximum fine of Rp 10,000,000,000.00 (ten billion rupiah).

By granting a distribution permit for fresh food, the ruler or the government allows

business actors to take certain actions, from certain actions an action in the public interest

requires special supervision related to the circulation of imported fresh fruit and vegetable

food products.

4. Conclusion

Fresh food products of fruits and vegetables are commodities that are consumed

daily, therefore the fresh food products before circulating in Indonesia must first obtain a

marketing authorization along with the registration number of the fresh food products.

The distribution permit along with the registration number of imported fresh fruit and

vegetable food products is given after going through a series of processes as regulated in

the legislation. If the distribution permit is ignored in the circulation of imported fresh

fruit and vegetable food products, the business actor will be subject to criminal and civil

sanctions. Supervision of fresh food products is carried out by the Ministry of Agriculture

through the Center for Diversification of Consumption and Fresh Food Safety which will

be imported into Indonesian territory for later circulation.

Consumer protection is a part of consumer law that cannot be separated because the

main function of law is to protect the interests that exist in society. Consumer protection

by the state if associated with the Pound theory of "social engineering" that Social

Engineering is systematic starts from identifying problems to breaking down the fresh

food of imported fruits and vegetables that can endanger health. The precautionary

principle can be applied by consumers in a careful and meticulous way in selecting fresh

food products circulating in the market by looking at the label or Registration Number on

food products. The form of consumer legal protection and supervision of the circulation

of imported fresh fruit and vegetable food products that do not have a marketing

authorization are legal protection and preventive and repressive supervision.

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