STRENGTHENING THE FUNCTION OF PUBLIC-COMPANY BULOG
UNDER THE FOOD LAW
Ikomatussuniah, SH., MH.
Law Faculty of Sultan Ageng Tirtayasa
University
A: Jl. Raya Jakarta KM. 04 Pakupatan Serang
Introduction
Of all Indonesia identities,
Pancasila becomes the most embedded in the people’s mind which is identical
with abundant resources. The resources are managed according to the local
wisdom in every single region. The regions are included in the framework of The
United State of Republic of Indonesia (said ‘NKRI’). The system of government
management in such framework is responsible for implementing pro-people
programs in order to realize the nation's welfare which is in line with the
Indonesian people’s objective included in the fourth passage of the opening of
1945 Constitution. One of the representations of the welfare is through a good
guarantee of food availability for all people. The system should be able to
build a network of procedures which are integrated one another under a strong
scheme to drive the creation of good and sustainable food system. This food
system is a description of how the food regulatory mechanism is done by the
state government and driven by the President as the highest position in the
state government management. The public-company BULOG is an institution
initiated from the Food Law, which is implemented by Presidential Decree to
establish BULOG as the national logistics institution. The function of this institution
is suggested to be strengthened, so the food regulation can run well and
maximally.
Strengthening the Function of BULOG under
the Food Law
Food is the primary need for
human-beings. And, a country, Indonesia in particular, has an obligation to
realize the availability, accessibility, and fulfilment of food consumption
that is adequate, safe, qualified, and nutritionally balanced either at the
national level or the regional and individual ones equally and continuously
through exploiting the resources, institutions, and local wisdom. Since
Indonesia is a country with a great number of inhabitants and has various
natural and food resources, it must be able to fulfil the food need sovereignly
and autonomously. This becomes a fundamental consideration in constructing the
Food Law. The food legislation is included in the 1996 Food Law No. 7 which has
been amended by the 2012 Food Law No. 18. According to the Law, article I, food
is everything, raw or processed, originated from biological resources as a
product of agriculture, plantation, forestry, fishery, animal farming, and water,
which is used as food or drink for human consumption including its additives,
raw materials, and other materials used in the preparation, processing, and/or
manufacturing of food and drink. In terms of realizing food sovereignty and autonomy,
as well as national food security according to the 2012 Food Law No. 18,
article 126, therefore, it is established a government institution concerning
to food under and accountable to the President.
The Logistic Affairs Institution (BULOG) is an institution mandated by
the Food Law from the implementation of Presidential Decree as the agency that
implements price stability and manages the national food stocks. Like BULOG, there
are many institutions concerning to food around the world. BULOG is a
representative institution regulating the food stock and food price stability
in order to realize the food availability and price affordability corresponding
to the people’s financial ability. The history of BULOG as cited on www.Bulog.co.id, has been changing regarding its
duty from time to time as follows.
1. On May 10, 1967 under the Presidium
Cabinet No. 114/U/P.D./5/1967, BULOG obliges to secure the food availability in
order to uphold the existence of New Government.
2. On January 21, 1969 under Presidential
Decree No. 39/1969, BULOG obliges to stabilize the rice price.
3. P.D. No. 39/1987, BULOG is
responsible for supporting the development of multi food commodities.
4. P.D. No. 103/1993, the Head of BULOG
was concurrently held by the Ministry of Food Affairs. According to the decree
regarding the Logistic Affairs Institution (BULOG), it is a non-departmental
institution under and accountable directly to the President. BULOG has a major
duty to control price, foster the availability, security, and development of
grain quality, rice, sugar, wheat, flour, soy, soybean meal as well as other
food and feed materials either directly or indirectly to keep the price
stability for producers and consumers and to fulfil the food and food quality
needs based on the government’s general policy.
5. P.D. No. 50/1995, BULOG obliges to
control price and manage the availability of rice, sugar, wheat, flour, soy,
and other food and feed materials either directly or indirectly to keep the
price stability for producers and consumers and to fulfil the food and food
quality needs based on the government’s general policy.
6. P.D. No. 45/1997, the commodity
managed by BULOG should be decreased; remaining rice and sugar.
7. On January 21, 1998 was P.D. No. 19
issued in which its duty is restored as in P.D. No. 39/1968. Through this
decree, along with the agreement with IMF, consequently, the scope of
commodities handled by BULOG is re-narrowed in which the major duty of BULOG is
only to handle rice commodity, while the others are about to be in markets
mechanism. This decree is surely not in line with the principle of democratic
economy.
8. P.D. No. 29/2000, the government promotes
BULOG to be an organization concerning to logistic services as well as its
traditional duty. The major duty of BULOG is to carry out the government’s
duties dealing with logistic management through managing and controlling the
rice availability, distribution, and price (keeping the government purchasing
price – said ‘HPP’) based on the authorized legislation.
9. P.D. No. 29/2000, the change is
getting stronger with the issuance of P.D. No. 166/2000, which is further
changed to P.D. No. 103/2000. Then, it is changed to P.D. No. 03/2002 on
January 7, 2002 in which the major duty of BULOG is still the same as in P.D.
No. 29/2000 with a different nomenclature giving a transitional period up to
2003. Finally, with the issuance of the Government Regulation No. 7/2003, BULOG
officially switched its status to the public-company BULOG.
In conclusion, based on the glance exposure about
BULOG, its role and function should be strengthened in order to achieve the
purpose of the nation’s welfare, not weakened even abolished instead as in the
discourse to abolish the public-company BULOG issued by Ministry of Home
Affairs (Sindo News, 19/04/2015). Indonesian people have the right to get food
sovereignty, autonomy, security, and safety as what has been mandated in the
1945 Constitution and the Food Law. Further, it is expected, through the
public-company BULOG, to be able to realize the aforementioned right under the
principle of democratic economy without any intervention from foreign parties.
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