Drug and Food Agency Service Charges and Administrative Fines: PP 15/2026

The charges that Indonesia's drug and food control agency levies on the businesses it regulates have been reset. Signed on 27 March 2026, the instrument is Peraturan Pemerintah Nomor 15 Tahun 2026 tentang Jenis dan Tarif atas Jenis Penerimaan Negara Bukan Pajak ("Government Regulation No. 15 of 2026 on the Types and Tariffs of Non-Tax State Revenue"), applying at Badan Pengawas Obat dan Makanan, the National Agency of Drug and Food Control. It replaces a schedule that had stood since 2017 and, alongside the fees charged for registration and inspection, it treats penalty money as a category of state revenue in its own right.

The Issue

The agency has charged for its regulatory services since a 2017 government regulation set out its revenue types. Two developments overtook that schedule. Law No. 9 of 2018 on non-tax state revenue introduced a revised framework for how such revenue is classified and priced, and the tariffs themselves required adjustment. The preamble frames the exercise in service terms: revenue at the agency is to be managed and used to improve the services it delivers to the public. The result is a single instrument covering the full sequence of regulatory contact points, from a product's first registration through to the penalty imposed when a business breaches the rules.

Key Provisions

Pasal 1(1) identifies four revenue types. The first three are service charges: fees for registration, notification and evaluation; fees for inspection; and fees for certification and the issuance of implementation permits. The fourth is different in kind — administrative fines imposed for breaches of the legislation governing drugs and food.

The distinction matters for how the amounts are set. Pasal 1(2) provides that the three service categories carry the types and rates listed in an Annex that forms an inseparable part of the regulation. Pasal 1(3) treats the fourth category separately: the rate for administrative fines follows the relevant legislation rather than the Annex. Fine levels therefore continue to be governed by the substantive rules that create the underlying obligation, while the regulation records the resulting money as agency revenue.

Pasal 6 addresses applications already in the system when the regulation begins to apply. For any revenue type whose application was lodged before that date, the tariff in force at the time of lodgement continues to govern, so a pending registration is not repriced mid-process. Pasal 7 preserves the implementing rules made under the 2017 regulation, which remain valid so far as they do not conflict with the new instrument. Pasal 8 then revokes the 2017 regulation and declares it no longer in force. Pasal 9 sets a delayed commencement: the regulation applies 60 days after promulgation, which followed on the day of signing in March 2026.

Implications

For regulated businesses, the immediate consequence is a revised cost schedule attached to each stage of market access. Registration and notification charges apply when a product is brought forward for assessment; inspection charges attach to the agency's facility and process checks; and certification charges apply when the agency issues the permits that allow a business to operate under approved conditions. Each of these is now traced to the Annex rather than to the 2017 schedule.

The treatment of administrative fines under Pasal 1(3) keeps enforcement economics separate from service pricing. The agency's supervisory instruments, including the labelling obligations set in its 2026 rules on nutrition information for processed foods, continue to determine what conduct attracts a penalty and at what level; the government regulation records only that the proceeds are non-tax state revenue. That division between a sanctions rule and a revenue rule follows the approach taken elsewhere in Indonesian regulation, including the environmental regime, where the calculation of administrative fines is set out in the sanctions instrument itself.

The 60-day period in Pasal 9 gives businesses and agency units a window to adjust before the new rates bite, and Pasal 6 protects applications already filed. Together the two provisions mean the schedule changes prospectively, with pending matters running to completion under the older figures.

Regulatory Context

The revenue schedules issued across government in 2026 share a common structure: a government regulation naming the revenue types, an Annex carrying the rates, and a transitional article preserving implementing rules. The schedule for the research agency in the parallel regulation issued the same day follows the same drafting template, as does the schedule for the Ministry of Law. For the drug and food agency, the Annex remains the operative document for calculating any specific charge.

Read the full regulation in the CRPG Law Database.

Methodology: This memo summarises the official regulation text and is not legal advice; report corrections to contact@crpg.info.

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