Background
On 27 May 2019, the Government of Republic of Indonesia enacted the Minister of Trade Regulation No. 38 of 2019 on Provisions of Manual and After-Sales Guarantee for Electronic Products and Telematic Products (“Permendag 38/2019“). The Permendag 38/2019 revokes the Minister of Trade Regulation No. 19/MDAG/PER/5/2009 on Registration of Manual and After-Sales Guarantee Cards in Indonesian Language for Telematic and Electronic Products.
Electronic products mean electronic products that are intended to be worn, used, or utilized by consumers. Telematics products mean products of telecommunication hardware industry and its supporting industry, broadcasting equipment industry and its supporting industry, computer industry and its equipment, software and multimedia content industry, and creative technology information and communication creative industry.
The producer or importer is required to equip the electronic products and telematic products with a manual and after-sales guarantee card in Indonesian language before the products are traded in the domestic market. The manual is the information on ways to use the electronic and telematics products in the form of books and/or sheets (“Manual”). The after-sales guarantee card is a card stating guarantee on the availability of spare parts and facilities, and after-sales services of electronic and telematic products (“Guarantee Card”).
The Manual and Guarantee Card must be affixed with registration number. The Manual and Guarantee Card can be made with Indonesian and foreign languages as needed.
The Manual must contain, at least, the following information:
- producer’s name and complete address, for domestic products;
- importer’s name and complete address, for the imported products;
- trademark, variety, and type and/or product models;
- product specifications;
- information on ways to use the product according to its function; and
- maintenance instructions.
The Guarantee Card must contain, at least, the following information:
- producer’s name and complete address, for domestic products;
- importer’s name and complete address, for imported products;
- name and complete address of the after-sales service center;
- guarantee period of the after-sales service, at least 1 (one) year start from the date of purchase of products; and
- terms and conditions on the guarantee of after-sales service, at least the following terms and conditions:
- conditions on how the guarantee is applied and void;
- procedures on submission of guarantee claims; and
- repair services that are free of charge during the guarantee period.
- coverage or list of damages that guaranteed; and
- telephone number as a communication channel as that is inexpensive and accessible in all regions of Indonesia for providing information and/or complaints related to electronic products and telematics products.
The producers or importers are required to provide the after-sales service during the guarantee period and after the guarantee period at least in the form of:
- availability of after-sales service centers;
- spare parts availability;
- replacement of spare parts according to the guarantee during the guarantee period that has been agreed; and
- replacement of similar products when the damage cannot be repaired during the agreed warranty period.
The after-sales services in the form of (i) the availability of after-sales service center, and (ii) the availability of spare parts, must be provided for at least 1 (one) year after the end of the guarantee period. The after-sales services by producers or importers are conducted at the after-sales service center.
The producers or importers must provide at least 6 (six) after-sales service centers located in 6 (six) provinces and/or regency/city areas in the circulation area of electronic products and telematics products. The after-sales service centers must be available at the time the producers or importers submit an application registration of Manual and Guarantee Cards. Producers or importers must provide the after-sales service centers for at least 10 (ten) units within 4 (four) years from the issuance date of the registration certificate, provided that the after-sales service centers must be added for at least 2 (two) units every 2 (two) years from the issuance date of the registration certificate.
The after-sales service centers can be (i) owned by the producers or importer, which is proven by Trading Business License (SIUP) for the importers, or technical business license for the producers, or (i) made based on cooperation with other parties, which is proven by SIUP or technical business license and written cooperation agreement.
The addition of after-sales service centers must be reported to the Director of Consumer Empowerment, Directorate General of Consumer and Orderly Commerce at the Ministry of Trade. The report must be made every 2 (two) years from the date of registration certificate.
The entrepreneur can also provide collection points for collecting electronic and telematics products that will be sent to the after-sales service centers, in order to be repaired.
The after-sales service centers and collection points are required to provide an estimation on the completion of product repair no later than 3 (three) working days from receipt date of products. The products must be repaired maximum 30 (thirty) days from the receipt of the products. After the Standard National Indonesia (SNI) for the after-sales service has been issued, the after-sales service must follow the SNI.
The Manual and Guarantee Card must be registered to the Minister of Trade before the products are circulated. The registration is conducted by (i) producer, for domestic products, or (ii) importer, for imported products. After the Manual and Guarantee Card are registered, the producers and importer will obtain the registration certificate. The registration certificate will be issued at the latest 1 (one) day from the complete application has been received.
Shalomo Mashury Tampubolon
