Many people are wondering about who an applicant of Indonesia Type approval should be. Indeed, some countries in the world allows foreign companies or the manufacturer who’s not registered in that country, to be the applicant or the holder of type approval certificate of the product. However, the case is different for Indonesia.
According to the applicable regulation called Communication Ministry Regulation Number 3 of 2024 (PERMEN KOMINFO NO 3 TAHUN 2024) about Telecommunications Tools and/or Device Certification, article 10 says that the party who can be applicant of Indonesia Type Approval certificates are:
Article 10
- The certificate as intended in Article 7 paragraph (1) is submitted by an applicant who is:
- a. Business Actors who:
- 1. is a registered trademark holder in Indonesia;
- 2. appointed as a representative and/or distributor of the brand holder;
- 3. manufacture and/or assemble of Telecommunications tools and/or telecommunications devices for brand holders;
- 4. manufacture and/or assemble Telecommunications tools and/or telecommunications devices; or
- 5. use Telecommunications tools and/or telecommunications devices for their own purposes.
- b. State Administrative Agencies;
- c. international organizations; or
- d. individual person.
- a. Business Actors who:
- Applications for Certificates by State Organizing Agencies, international organizations, or individuals as intended in paragraph (1) letters b, c, and d can only be submitted for Telecommunications tools and/or telecommunications devices used for their own purposes.
According to the information mentioned on article 10, we can see that most of the parties who are allowed to be the applicant are local companies or local entities who are registered in Indonesia. It can be the distributor, the importer, the local brand representative, or even the local buyer in Indonesia. In order for these parties to be able to be the certificate holder, they are mandated to have MoU or agreement with the brand holder of the product. This MoU needs to be submitted to DJID too, so that DJID can verify that the applicant is really the party who’s authorized by the brand holder to import or distribute the product to Indonesia. So, when there’s issue with the product in the market or in actual use, DJID knows who to contact or who needs to be responsible.
However, not all parties mentioned on article 10 has to be local Indonesian entities. Foreign entities are allowed; however, it’s only limited to International Organization. This International Organization is allowed to be the certificate holder as long as the certificate is only for the product that will be used for their own internal purpose, not the commercial products that will go into the market.
Why We Care
Having local representation in Indonesia is like having a front door to Indonesia Type Approval Application. Without any local partner available, most likely the approval application cannot be proceeded. That’s why ensuring that you have the right partner to be the certificate holder is important. Not only applicant, the MOU or agreement between local certificate holder and brand holder must be checked too. DJID has its own requirements for the MoU. Therefore, before submitting the application we must make sure that the MOU is acceptable. Therefore, it can avoid unnecessary rejection by DJID.