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Implementing Regulation
on Border Measures
Came Into Force
New Regulation on Hospital
Accreditation
T
he Implementing regulation for the Customs Law provision
on control of import or export of goods resulting from
intellectual property (“IP”) infringement recently came into
force. Government Regulation No. 20 of 2017 on the control on
import or export of goods suspected of infringing IP rights (“GR
20/2017”) clarifies various practical issues.
Will Customs act ex officio?
Customs officials may detain goods suspected of infringing IP
already registered in the Directorate General of Customs & Excise
(DGCE) recordation system. Thus, registration for recordation
with the DGCE is necessary for the customs to act act ex officio.
There are two possible grounds for customs to exercise control
on allegedly infringing goods: (1) ex officio, upon which they can
detain suspect goods; and (2) seizure based on a court order
(with some exceptions).
T
he Ministry of Health of the Republic of Indonesia (“MOH”)
recently issued the Minister of Health Regulation No. 34 of
2017 on Hospital Accreditation (“MOHR 34/2017”). The
regulation is an update of the Ministry of Health Regulation No.
12 of 2012 which regulated the same matter. By introducing the
MOHR 34/2017, the MOH has simplified hospital accreditation
process by a single mandatory process, whereas the previous
regulationdividedhospital accreditationprocess into (i)mandatory
national accreditation and (ii) optional international accreditation.
Under the MOHR 34/2017, all hospitals must undertake the
mandatory accreditation process in no later than 2 (two) years
after securing its operational license. Such accreditation shall be
organized regularly at least every 3 (three) years.
The accreditation shall be performed by independent institutions
determined by the MOH which specifically conducts accreditation,
fromwithinandoutsidethecountry.Theaforementionedinstitutions
must already be accredited by the International Society for Quality
in Health Care (ISQua). The accreditation process consists of 3
(three) stages:
Investment in Healthcare Sector
Andara Annisa, S.H.
Associate
+62 212903 5900
1. Accreditation preparation
Hospitals are required to (i) conduct self-assessment, (ii)
organize workshops and (ii) participate in accreditation tutoring.
2. Accreditation implementation
The accreditation is conducted by independent institutions
which consist of (i) accreditation survey and (i) determination
of accreditation.
3. Post-accreditation
Post-accreditation activity shall be conducted by way of
verification surveys and shall only be conducted by the
institution who has determined accreditation status for such
Hospital.
The accreditation process is supervised by the relevant governor,
regent/mayor and/or by theMOHaccording to its respective duties
and authority, through the Director General of Healthcare Services
(“DGHS”). The DGHS is entitled to impose administrative actions
to hospitals and can also involve independent accreditation
institution to re-asses the conformity between such hospital’s
compliance and the accreditation status which have been
previously obtained by the hospital.
Recordation, detention & seizure
TheDGCE shall grant or reject the applicationwithin30 (thirty) days
upon receipt. The recordation approval is valid for a maximumof 1
(one) year since the approval date and is renewable.
The DGCE officer must notify the relevant right holders of allegedly
infringing goods based on prima facie evidence. The right
holders must confirm the filing of seizure order request within 2
(two) days afterwards. The right holders, must then (1) prepare
the administrative requirements and file the application to the
commercial court; and (2) submit to the DGCE an operational cost
security deposit amounting IDR 100,000,000 (approximately USD
7,500) in the formof a bank guarantee or bond insurance. The right
holders may file a seizure order request by filing an application to
the relevant court. If the the right holder initiates seizure order, the
claimant must submit an operational cost security deposit within
2 (two) business days upon DGCE’s receipt of the detention court
order.
Aga Nugraha S.H., LL.M
Head of Intellectual Property Group
+62 212903 5900
Intellectual Property Rights
8
th
Edition | December 2017
