A. Implementation of Prohibited and Restricted Goods in Importing Goods in Indonesia
That in order to guarantee national interests and public order, in the implementation of the import or export system of goods in Indonesia, a provision is required that regulates goods that are prohibited/restricted (Lartas) for export or import. That regarding Lartas goods in Indonesia, it is regulated through the Regulation of the Minister of Finance No. 141/PMK.04/2020 concerning Supervision of the Import or Export of Prohibited and/or Restricted Goods. The issuance of this regulation is a form of implementing the mandate of Article 53 paragraph (2) of Law Number 17 of 2006 concerning Customs and (Customs Law) which states:
“Provisions regarding the implementation of supervision of prohibition and/or restriction regulations as referred to in paragraph (1) are further regulated by or based on ministerial regulations.”
Furthermore, based on Article 2 paragraph (1) of the Minister of Finance Regulation Number 141/PMK.04/2020, which states:
” In the context of supervision of goods that are prohibited and/or restricted for import or export by the Directorate General of Customs and Excise, technical agencies that issue regulations prohibiting and/or restricting import or export are required to submit them to the Minister through the Director General.”
So it can be seen that in Indonesia, each technical agency (Ministry) can determine an item in Lartas status for import/export by considering national interests. In order to ensure supervision of Lartas items, each Ministry that determines Lartas status for an item is required to provide a list of Lartas items to the Directorate General of Customs and Excise, which in practice, importers are prohibited from importing goods in the prohibited goods category or exceeding the restriction provisions .
B. Types of Goods Included in the Import Prohibitions and Restrictions (Lartas) Category
To be able to find out the types of goods that are designated as prohibited or restricted goods for import, business actors or importers can review this by accessing the Indonesia National Trade Repository (INTR) service by inputting the Harmonized System. Code or description of the item to obtain the necessary information.
- Some Examples of Types of Goods Prohibited for Import
(Attachment to Minister of Trade Regulation Number 40 of 2022)
| No. | Types of goods | Description |
| 1 | SUGAR | – Raw Crystal Sugar/ Raw Sugar; – Refined Crystal Sugar; – White Crystal Sugar ( Plantation White Sugar ). |
| 2 | RICE | Rice. |
| 3 | TYPES OF OZONE DEPRECIATION SUBSTANCES | – Halogenated derivatives of hydrocarbons; – Mixtures containing halogenated derivatives of methane, ethane or propane, not elsewhere specified or included. |
| 4 | BAGS & CLOTHES | – Bags and sacks, of a kind used for wrapping goods; – Used clothes and other used items. |
| 5 | TYPES OF HAND TOOLS (FINISHED FORMS) | – Flat shovel and curved shovel; – Hoe and rake; – Axes, beak sickles and similar cutting tools; – Hedge shears, two-handed flower shears and similar two-handed shears; – Other hand tools of a kind used in agriculture, horticulture or forestry . |
| 6 | TYPES OF MEDICAL DEVICES THAT CONTAIN MERCURY | – Dental amalgam containing mercury; – Blood pressure measuring instruments (sphygmomanometers) contain mercury; – Thermometer containing mercury. |
b. Some Examples Types of Goods Restricted for Import
| No. | Ministry/State Institution | Description of Goods Limited for Import |
| 1 | Ministry of Industry | Electronic Products : Type of Goods : There are 78 types of electronic products whose imports are restricted, including centrifugal pumps, submersible water pumps, table fans, floor fans, refrigerators, household washing machines, and rice cookers. Legal Basis : Regulation of the Minister of Industry Number 6 of 2024 concerning Procedures for Issuing Technical Considerations for Importing Electronic Products. Description : This regulation tightens the entry of imported electronic products by requiring business actors to obtain Import Approval (PI) from the ministry that handles government affairs in the trade sector and/or surveyor reports. |
| 2 | Ministry of Agriculture | – Horticultural Products : Imports of horticultural products, such as fruits, vegetables, and ornamental plants, are regulated through the Horticultural Product Import Recommendations (RIPH) issued by the Ministry of Agriculture. The legal basis is the Regulation of the Minister of Agriculture Number 39 of 2019 concerning Recommendations for Imports of Horticultural Products. – Animal Products and Processed Animal Products : Imports of livestock, meat, and processed animal products require a permit from the Ministry of Agriculture to ensure food safety and animal health. The legal basis is Law Number 41 of 2014 concerning Animal Husbandry and Animal Health. – Seeds and Plant Seedlings : Imports of seeds and plant seedlings are restricted to prevent the entry of pests and plant diseases that can harm domestic agriculture. The legal basis is the Regulation of the Minister of Agriculture Number 17 of 2022 concerning Requirements and Procedures for the Distribution and Certification of Plant Seeds. – Fertilizers and Pesticides : Imports of certain fertilizers and pesticides are restricted to ensure the quality and safety of products circulating in Indonesia. The legal basis is the Regulation of the Minister of Agriculture Number 01 of 2020 concerning Pesticide Registration. |
| 3 | Ministry of Environment and Forestry (KLHK) | Forestry Products : Forest products such as wood and rattan . Legal Basis: Regulation of the Minister of Trade Number 97/M-DAG/PER/11/2015 concerning Provisions on Import of Forestry Products. Description : This regulation regulates the provisions for importing forestry products to ensure the legality and sustainability of forest resources. |
| 4 | Food and Drug Monitoring Agency (BPOM) | Medicine and Food : Type of Goods : Medicines and food products. Legal Basis : BPOM Regulation Number 28 of 2023 concerning Supervision of the Importation of Drugs and Food into the Territory of Indonesia. Description : This regulation regulates provisions regarding the limits on the quantity of imported goods without a Distribution Permit through special channels, as stated in Attachment III. |
| 5 | Republic of Indonesia National Police (Polri) Police Regulation Number 1 of 2022 | – Import Permit for Firearms from outside the Republic of Indonesia . (Chief of Police Regulation Number 1 of 2022 concerning Organic Firearms of the Indonesian National Police) – Who Can Own Firearms Among Civilians . Police Chief Regulation Number 82 of 2004 |
C. Legal Consequences of Lartas Goods
a). Goods Prohibited for Import
The legal consequences of continuing to import prohibited goods , as regulated in Article 66 letter (c) and 69 of the Customs Law, are that the prohibited goods will be declared state property and can be sold by the state by auction.
For business actors who continue to forcibly import prohibited goods by falsifying the type, quantity or identity of the goods, they can be subject to criminal sanctions for smuggling as regulated in Article 102 letter (h) of the Customs Law which states:
“ Intentionally notifying the type and/or quantity of imported goods in a customs notification in a Wrongful manner , shall be punished for committing Smuggling in the import sector with a minimum imprisonment of 1 (one) year and a maximum imprisonment of 10 (ten) years and a fine of at least Rp. 50,000,000.00 (fifty million rupiah) and a maximum of Rp. 5,000,000,000.00 (five billion rupiah) . ”
b). Goods Restricted for Import
Unlike prohibited goods, goods whose import is restricted can still be imported by business actors as long as the business actor can fulfill the permits that are the requirements for importing goods. For example, if the imported goods are animals, animal meat, cheese, milk, then the technical instructions are available at the Directorate General of Animal Husbandry and Animal Health (Ditjen PKH) under the Ministry of Agriculture, if related to electronic goods, then the technical instructions are issued by the Directorate General of Consumer Protection and Trade Order (PKTN) in the form of the Indonesian National Standard (SNI). If related to food and drug products, then the technical recommendation is by BPOM in the form of a Distribution Permit.
The legal consequences that occur if business actors continue to import goods for which the permits are not complete can be cancelled, re-exported or destroyed as mandated in Article 53 paragraph (3) of Law 17 of 2006 concerning prohibited goods, which states that:
- Export was cancelled
- Re-exported
- Destroyed under the supervision of customs and excise officials. “
D. CONCLUSION
Imported goods that are designated as prohibited and/or restricted goods (Lartas) are imported goods that are restricted orprohibited under the regulations in force in Indonesia. The government has the authority to regulate the import of Lartas goods to protect national interests, security, health, the environment, and domestic industry.
To avoid obstacles in the customs process, business actors must first ensure that the goods to be imported are not included in the category of prohibited goods. In addition, if the goods to be imported are included in the category of goods whose import is restricted, then business actors must first fulfill the technical recommendations and permits from the relevant ministry or agency.
By checking and fulfilling the requirements for importing goods, the risk of rejection, detention, or even destruction of goods due to non-compliance with regulations can be minimized. Compliance with technical requirements not only ensures smooth imports, but also protects businesses from potential losses and legal sanctions that may arise from violations of customs regulations.