By: DR. Iman Sjahputra, SH, SpN, LL.M*

The last months of the year 2010, communities in many regions are unrest as the result of the explosions of elpiji (LPG/Liquid Petroleum Gas) containers. The explosions of the gas containers which are intensely reported by the mass media are even considered to be more horrible than a bomb threat by the terrorist. Anxiousness haunted the communities who are using the elpiji as it already took both death victims and properties. Therefore the DPR is starting to express their voice. The people representatives in the council pushed the Government to immediately identify the cause of the gas container explosion disaster which happened very often. The result, based on the sample test by the BSN (National Certification Body) which was handed over to the DPR, was found some impropriety. 100 percent of the gas tube does not fulfill the quality standard of Indonesian National Standard (SNI). The component of the valve tube only fulfill 66 percent quality standard of the SNI. The stove only covers 50 percent of the quality standard of SNI. While the regulator and the steel containers of elpiji each only fulfill 20 and 7 percent. Whereas the use of gas among the society is the Government’s program of the conversion from kerosene to gas. At that time, government through PT Pertamina (persero) withdrew the kerosene circulation by circulating gas container including the gas stove for free to the communities. However is the government’s program which at first was meant for the welfare of the people now changed to become a terror for the society? Of course we hope it is not. But if we want to be honest, the feeling of worried and terrified among the people in this country is not only the gas container explosion. Disasters which stroked down the people in this country is very much varied. There is food poisoning, malpractice in the hospital, medicines which turned into poisons, high numbers of accidents of labors in a factory, traffic accident, fire which caused by electricity malfunctioned and many others. What is the cause of the disasters which always threatens safety? Without closing the eyes for reasons that is caused by human error. However so many disasters which always haunt people’s safety is caused by the ignorance of many parties to apply the quality standard of SNI on the goods and services which used broadly by the communities. It must be noted that the development any application of the SNI is based on the National Standard System (SSN) which was developed based on the Government Regulation Number 102 Year 2000 regarding National Standardization. The said Government Regulation determined provisions regarding accreditation and certification to determine the compliance of a product, process and management system. The SNI is applied for answering the global challenge which is used broadly. SNI is also needed to prevent the community on the use of products and services as in Government Regulation 59/2001 regarding the Consumer’s Protection on Goods and Services. The main point is that the communities have a right to get a protection on the use of goods and services which is broadly circulated. The non application of SNI quality standard is actually a violation of law since the community has the right to get the protection on the use of goods and services. A violation on the application of quality standard of SNI will harm the communities both economically or socially. It is become a question: Why the SNI standard of quality on goods and services are often not being applied? There are many factors that cause it. Starting from the weakness of the supervision and the law execution (law enforcement), the non-awareness of the community itself, the naughty businessman who are only trying to gain profit by falsifying the quality standard of SNI without caring the communities’ safety (consumers) up until the flood of imported goods which do not fulfill the quality standard of SNI. The main reason of the provision of quality standard of SNI in wide meaning basically includes the protection of the local industry from the invasion of imported goods which cannot be known for its quality, to protect the health and the environment of the community. Looking at the aim of standardization, therefore in the era of globalization these days, it can be said that nearly no country in the world which do not applied the quality standard on the product of goods and services. SNI adopted from standard of International Standardization Organization (ISO) highly influenced Indonesian conduit in the eyes of the world. Because of we can protect our own people, the level of trust of the International Community is higher. Therefore the application of SNI which has adopted the ISO standard as the institute of international standard which domiciled on Geneva (Swiss) also agree to make the same quality standard for both industrial products or services in all over the world. The use of SNI besides to protect the community’s safety, includes avoiding many disasters which is very significant as the motor of the economy growth. Besides, the consequence of the application of SNI is also to push the people to be more creative and innovative to produce the quality goods and goods for the health and safety of the community and the environment. With the existence of SNI means there is also an appreciation and protection towards the Intellectual Property Right (IPR) which in turn makes Indonesia not only known as “the infringer nest” country but also known as a country which is full of invention. We surely hope there is an original invention from the natives as service goods “made in Indonesia” which is also able to compete in the world level. The problem is can the hope become true if the gas container made in domestic is actually becoming a monster for its own people? For sure without the high awareness and willingness to apply the quality standard SNI, then the disasters will continue to haunt its people.

*Senior advocate and Intellectual Property practitioner domiciled in Jakarta.