ASTRID MIRANTI THE IMPLEMENTATION OF THE SANITARY AND PHYTOSANITARY MEASURES AGREEMENT FOR IMPORTED
2013 HORTICULTURALPRODUCTS IN INDONESIA (A STUDY ON THE CLOSURE OF TANJUNG PRIOK PORT)
Faculty of Law Syiah Kuala Unversity
(viii,52), pp.., bibl.,App.
(Muhammad Putra Iqbal, SH., LL.M.)
Sanitary and Phytosanitary measures agreement is an agreement provided to protect human, animals and plants health or taken to protect against risks linked to food safety, animal health and plant protection. Indonesia get complaints from the U.S., supported by the European Union, Australia, Chile, Canada, New Zealand and South Africa. The complaint because of the Tanjung Priok port closure policy from fruit and vegetable imports which was reported to the SPS committee. It is interesting to examine the implementation of the SPS Masure Agreement in Indonesia and the validity of the port closure policies which undertaken by Indonesia.
This research is specifically concerned to identify and explain the implementation of SPS Measure Agreement in Indonesia and to identify and explain the policy of Indonesian government to close the Tanjung Priok Port for Imported holticultural products considered legal.
The method that will be used in conducting the research is normative research. Library research is done toward reading text books, regulation prevails, as well as scholar’s opinion that patinent to the problem.
Result of the research emphasizes that, the implementation of SPS Measure Agreement in Indonesia have relatively appropriate which can be seen in several legislation and notification about health and protection of human, animal and plants. Since 2007 until 2012 Indonesia has reported each policy systematically to WTO in accordance with the SPS Measure Agreement. However, to do any actions and controling imported horticultural goods Indonesia also establish quarantine body of agriculture as notification body and enquiry point. While, Tanjung Priok port closure is because increasing plant pest and inadequate places that can not accommodate and properly quarantine. After the Tanjung Priok port closure, another port remain allowed to be the entry of fruits and vegetables import including free port and free trade area in Indonesia. However the complaint that was came from US unreasonable because Indonesia does not reject or prohibit the imports of horticultural products into Indonesia, thus, there was no violation of the SPS Agreement.
Deservedly, Indonesia should make a specific regulation on human health, animals and plants in regard to SPS Agreement and should uphold the regulation of agriculture ministers of Indonesia Number 15 and 16 of 2012. Therefore, WTO’s monitoring is also necessary.