Ministry Of Trade Allegedly Salahi Rules For Onion Imports, Ombudsman Reveals These 5 Findings

The Ombudsman of the Republic of Indonesia (RI) found allegations of maladministration by the Ministry of Trade (Kemendag) related to the issuance of the Garlic Import Permit (SPI). This finding stems from reports from people who complained to the Indonesian Ombudsman in February 2023.

"The allegation of maladministration is because the Directorate General of Foreign Trade does not carry out its duties in accordance with the provisions of the Minister of Trade Regulation Number 25 of 2022 concerning Amendments to the Regulation of the Minister of Trade Number 20 of 2021 concerning Policy and Regulation of Imports," said Member of the Indonesian Ombudsman Yeka Hendra Fatika in Jakarta, quoted Wednesday, October 18.

Yeka said that at least 5 maladministrations were carried out by the Ministry of Trade regarding the issuance of SPI for these commodities.

First, the waiver of legal obligations and protracted delays by the Director General of Foreign Trade of the Ministry of Trade. On the basis of the non-existence of positive fictitious 5 (five) days of SPI Bawang Putih after the documents are declared complete, as stipulated in the Regulation of the Minister of Trade Number 20 of 2021.

Second, there are allegations that it exceeds the authority. In the event of the suspension of the issuance of SPI Bawang with the basis of the use of justification of actions in the implementation of SPI Bawang outside the scope of the field or material of authority given to him in accordance with Law 7/2014 in conjunction with PP 29/2021 in conjunction with Permendag 25/2022 in conjunction with Permendag 20/2021.

"The third finding is that there is a protracted delay in the issuance of SPI Bawang Putih for reporters who greatly exceed the service period of five (5) working days after the document is declared complete according to the requirements," said Yeka.

Fourth, it was found that procedural irregularities were found in the issuance of SPI Bawang Putih by increasing the stages of the procedure in the form of the need for consideration of the Minister of Trade (Mendag) first as the basis for approval of a request.

"Finally, it was found that there was discrimination in the issuance of SPI Bawang Putih with a different treatment of issuance of SPI Bawang Putih and not in accordance with the order of application which was declared complete first (First in, First Served) for the issuance of the SPI Bawang Putih," he said.

The Indonesian Ombudsman assessed that the Director General of Foreign Trade (Daglu) had deviated from procedures in the issuance of SPI garlic.

In addition, the Director General of Daglu is also said to have added the stages of the SPI issuance procedure in the form of the need for consideration of the minister of trade first as the basis for approval of a request, including import approval.

Therefore, Yeka urged the Ministry of Trade to immediately revoke the Regulation of the Director General of Foreign Trade of the Ministry of Trade No. 31/2023 concerning technical instructions for implementing policies and regulating the import of garlic.

"The Ombudsman sees the reporting mechanism for the mendag to obtain the SPI approval as unknown and not regulated in Permendag No.20/2021. How is it possible that the director-general regulation violates ministerial regulations," he said.