EVALUASI PERATURAN MENTERI PERDAGANGAN NOMOR: 44/M-DAG/PER/9/2009 TENTANG PENGADAAN, DISTRIBUSI, DAN PENGAWASAN BAHAN BERBAHAYA

Misuse of hazardous material may risk human health and the environment. In effort to protect consumer from the misconduct behavior of producers, importers, distributors, and other stakeholders along the distribution of goods and services, the Government issued Trade Minister Regulation Number 44/M-DAG/PER/9/2009 regarding Procurement, Distribution, and Surveilance of Hazardous Materials. This study aims to explore and evaluate the implementation of that regulation. Using Regulatory Impact Assesment (RIA) method, the study reveals that the Trade Minister Regulation is neither comphrehensively nor effectively implemented. Further, some clauses are found contradictory and poor clarity such as B2-Registered Retailers (PT-B2) that should be only appointed by the Registered Distributor (DT-B2) but in other article states that it can also be appointed by the Registered Importer (IT-B2) or Manufacturer (P-B2). The other poor clarity rules is on B2-Producers (P-B2) that is allowed to import B2, while other article sets that B2-Producers (P-B2) is only allowed to produce hazardous materials only.