The Minister of Finance recently issued Regulation Number 50 of 2024 concerning the Procedures and Supervision of the Transportation of Certain Goods within the Customs Area to follow up on a specific mandate addressing the development of customs practices previously established in Law Number 10 of 1995 on Customs. This regulation requires customs officials to supervise the transportation of goods that can be categorized as certain goods within the customs area. The aim of this new surveillance system is to stop export smuggling by sea. This system includes various processes such as loading, departure, transportation, arrival, and unloading.

The new provisions that have been introduced based on the Minister of Finance Regulation Number 50 of 2024, particularly concerning the following matters:

1. Loading, Shipping, and Unloading of Specific Goods

In accordance with Regulation Number 50 of 2024, certain freight carriers must use the Specific Goods Customs Notification (PPBT) to inform customs officers through the customs office at the relevant loading and unloading port. In addition, each PPBT must contain at least the following information:

1. Name and code of the customs office at the loading and unloading port;
2. Name and code of the loading port;
3. Name and code of the unloading port;
4. Registration number and date;
5. Bill of Lading (B/L) number and date; and
6. Quantity, size, and container number, if a container is used; and so on.

The carrier must submit the PPBT to the Customs Office at a specific port before the goods can be transported. However, before the goods can be transported, the PPBT must go through the following processes: 1) Review through the Indonesia National Single Window System (SINSW), the Service Computer System (SKP), or by Customs Officials; and 2) Determination with a registration number and loading date.

Every PPBT with a registration number and loading date must be kept and carried during transportation as it serves as a security document for the transport. In addition, when the means of transport leaves the loading port or weighs anchor at the port, the carrier must present the relevant PPBT to the customs office at the loading port.

During the shipping stage of certain goods, the carrier must report the arrival plan as stated in the PPBT to the head of the customs office at the unloading port, either before or when the carrying vessel arrives. The head of the customs office then issues a registration number and the date of the arrival plan and/or the arrival of the means of transport. The arrival of the transport means is marked by docking in the waters of the relevant port or unloading area and/or berthing at the corresponding dock, as well as through the PPBT notification accompanied by the registration number and the established arrival date.

At the final step, when the goods are being unloaded, the transporter must present the PPBT before carrying out the unloading. They must also obtain the registration number and the official date of the goods’ unloading from the head of the customs office at the unloading port. It should be noted that if the means of transport does not arrive at its destination within 48 hours of the planned arrival time, the head of the customs office at the unloading port is responsible for investigating the incident and reporting the results.

• Mechanism of Customs Inspection for Certain Goods

During the loading, transportation, or unloading phase, the Minister of Finance Regulation Number 50 of 2024 allows certain goods to undergo document checks and physical inspections. Carriers may face administrative sanctions if, during unloading, there is a surplus or shortage of certain bulk goods compared to the PPBT. If the carrier cannot prove that the error occurred due to factors beyond their control, they may be subject to administrative penalties. According to Regulation Number 50 of 2024, deficiencies can be in the form of increases or decreases in weight or volume caused by natural factors or emergencies.

• Supervision and Blocking of Certain Goods

The mechanism for monitoring the transportation of Certain Goods begins on the date the Minister’s Decision on the establishment of the list of Certain Goods, whose transportation is monitored, is enacted in accordance with the provisions of the legislation. Therefore, based on the information provided by the carrier, supervision is conducted over the loading and unloading process of certain goods within the customs area. It is important to note that the supervision of loading and unloading operations is carried out carefully based on the principles of risk management. In some cases, the supervisor may also conduct an investigation by asking the carrier to dock their vehicle at a specific designated location. The monitoring mechanism also includes the blocking of Certain Goods.

Legal Basis:

• Regulation of the Minister of Finance of the Republic of Indonesia Number 50 of 2024 Concerning the Procedures for Service and Supervision of Certain Goods Transportation Within the Customs Area.

Source:

Hukumonline.com