Name: Yola Wulan Dadari
NIM: 1214210348
Lecture: Prof .
Dr . Faisal Santiago, SH, MM
Subject:
business law
The
gateway to the ASEAN Economic Community (AEC) cooperation 2015 will soon be
opened. What is AEC? ASEAN Economic Community is a community of
nations in Southeast Asia who are members of ASEAN to realize
an integrated economy. The Countries
which
are members of the AEC doing single market system it means this
is the first milestone of an open
competition among all ASEAN member countries in the economic sector covering
freer flow of goods, services, investment, skilled labor and capital. This is the
challenge for
Indonesia in the opening
AEC 2015, it also as a reflection
materials for the
preparation. Jakarta
Governor in the Governor's speech ASEAN meeting in Jakarta, Wednesday
(18/09/2013) revealed that 80% of Indonesian people claimed never heard of AEC program (bisnis.liputan6.com). The data
indicates that the public understanding of the AEC still low.
Indonesia must speed up
preparations for AEC, because if Indonesia does not make changes, Indonesia will be affected by the negative effect of AEC. In my opinion¸ AEC have many negative
effect for Indonesia, because Laws and regulations in Indonesia
is not strong enough to face the ASEAN Economic Community (AEC) in 2015. In recent decades there are a lot of legal issues related
to the legal system, including the functional relationship between the law
enforcement agency that is considered not running.
This was shown by the case of seed and Chandra
respectively KPK deputy chairman year period 2007 - 2011, and then repeated
again with the stipulation Komjen Budi Gunawan police chief candidates KPK year
period 2011 - 2015 as a suspect, and vice versa, vice chairman of the
Commission Widjojanto defined
by the Criminal Investigation Police as a suspect.
Another
problem is the emergence of regional autonomy will bring its own challenges.
Because sometimes the area is often publishes sectoral regulations and
primordial. As we can se there are many conflicts of the
central government and local governments to issue regulations, especially
around the extractive industries such as oil and gas, minerals, mines, forests,
plantations and others.
Until this year, still needed a lot of synchronization regulations at all levels for the implementation of MEA so that not potential
dispute.
On
the contrary many regulations precisely made to provide loopholes for the
strengthening of foreign domination inIndonesia.For example, foreign ownership
of some investments in the banking and finance industry which can be above 50%
it would not benefit Indonesia
In this problem government should doing law enforcement to reform the legal system integrally related
to both the legislation, institutions and law enforcement agencies should be
directed to the values of Pancasila, so that the impact of the ASEAN Economic
Community which will commence at the end of the year 2015
can be filtered, so it does not affect the value of nation
life in Indonesia
To fix the substantive law (legal substance) in support of the preparation
of the Asean Economy Community and to improve global competitive index there
are some things government can do:
1.
Reforming laws and national legislation and areas that support the prevention
and repression of various criminal offenses including economic crimes and
corruption consistently and comprehensively.
2. Implement
harmonization and preparation of various laws and regulations including those
related to corruption and criminal acts such economy (labour Law, Taxation, Banking etc) and adapted to the needs of
AEC, so that synergy and synchronization in order to avoid differences in
perception, but with remain grounded in
the values of Pancasila.
3. Establish
procedures as a reference standard in building and consolidating national
systems and mechanisms to control and rescue investment into Indonesia
4. Make a reference
implementation of the standard procedures in order to rescue the country's
wealth of assets from a variety of fields including corruption.
5. Make reference
to develop and implement a strategy of cooperation at local, national and
international in the prevention and repression of acts of crime effectively,
including corruption
Legal Structure
Increased
professionalism and proportionality wisdom and integrity of law enforcement
officials considering the many issues related to international trade, labor,
taxation and others at the time of the AEC, so we need a more comprehensive
understanding by law enforcement agencies related to these issues and to
relieve or other
issues of international law in order to provide law enforcement services more
dignified.
Functional
relationship between the law enforcement agencies with each other must be
peratian because they lack of a common vision and mission in coordination
requires a perception approach to systemic process, so as to inhibit and may
encourage more forward exclusivism because Insititusinya sectoral ego.
Problematic
facilities and supporting infrastructure, both infrastructure and
supra-structure or associated with hardware and software that have not been
fulfilled as office buildings, transportation, tape recorders, cameras,
computers, internet, welfare, etc., as well as take home pay of law enforcement
officials which
also determines the success of law enforcement itself and is very important to
support law enforcement in order to welcome the AEC.
Maintain
the values of Pancasila in foreign values will go. Pancasila
as the characteristics and falsasah Indonesian nation with values that are
universal should be a process of actualization and the existence of law
enforcement agencies, particularly the judiciary.
These are some negative effect and breakthrough that
government do to face AEC 2015.One of the negative effect is inflation rate. Indonesia's
inflation rate in the field of macro is still lower than
other countries that
feared not being able to hold the inflation. The number of Indonesia population which is big also
bring consequences
for income
distribution.
The other effect
is competitiveness of human resources. Majority population In Indonesian are productive age group. However,
the challenge of competitiveness of
human resources will have an impact on employment.
Large corporations prefer receiving qualified human
resources. How if the foreign workers enter to Indonesia like Singapore, Malaysia, Thailand and
Philippines who have English communication
skills are better than Indonesia, so where
are Indonesian
workers
can work. Coordination among relevant
stakeholders must begin in order to minimize the negative impacts that would be
detrimental to the people of Indonesia in the era of MEA 2015.
Towards
the implementation of the Asean Economic Community (AEC) and the free market
era in 2015, the Indonesian government will make policies to regulate Foreign
Workers (TKA). It aims to protect the Indonesian Workers. “The
government will tighten by issuing regulations about job position
that can be occupied by foreign workers so that Indonesian workers will still
be absorbed well” said Secretary General of the Ministry
of Labor Abdul Wahab Bangkona in Communication Forum Bakohumas Indonesian
Ministry of Labour ", in
Jakarta, Thursday (13/11/2014).
For
companies that employ foreign workers, there are provisions that need to be
observed, for example, the
employer must have a legal entity and appoint the one who accompanies from Indonesian worker.
Accompanying this function to transfer knowledge of foreign labor to Indonesian
workers. With so expected Indonesian workers who provide assistance to acquire
knowledge so that the future is able to hold the post of foreign workers.
Similiarity of product is also the effect of AEC. In view of the industry in Indonesia, MEA
is incarnated as a double-edged sword. On the one hand, the presence of the MEA
to facilitate Indonesian products marketed abroad, on the one hand also
threaten the existence of native Indonesian products. Especially products that
have not been patented or registered as copyright intellectual property (HAKI).
In the future there are so many similiar product which
have better quality and branded. Indonesia should think about the
right strategy for its export. The product should
have special characteristics from Indonesia which have good quality so that the consumers interested to subscribe.
Vice
Chairman of the Chamber of Commerce and Industry (Kadin),
Creative Economy and MICE field, Budyarto
Linggowijono revealed that the greatest threat in MEA related
to copy right that will
be faced by actors Small and Medium Enterprises (UKM)
and small creative industries. because,
small industry still lay the importance of HAKI
registration on the product and brand. Usually, they are satisfied with the performance
of products are built accepted by consumers. Regardless of whether the product
they are easily imitated or
hijacked. "The main problem is the lack of awareness from small business to do copy right registration,"
said Republika Budyarto on Monday (27/10).
Based
on data from kadin, about 30 percent of new brands and
products that are already registered as intellectual property rights. And more
than 70 percent have not been registered. According Budyarto, entrepreneurs who
have not registered their HAKI products and
brands from small and medium businesses. In fact,
the creative industry in Indonesia is very dynamic and constantly evolving. If
businesses still have not registered their products and brands, they will be
overwhelmed by a flood of foreign products .
Budyarto
added, small and medium businesses should already be prepared to face the
attacks of foreign products when applied MEA. Therefore, for large industries,
the issue of intellectual property rights does not matter much. Indeed, it would be threatened during the MEA is a product and brand from UKM.
The government has imposed a new
Copyright Act since Sept. 16. 2014. As a form to change act
No. 19 of 2002 "For the record, the previous law,
there is no word piracy. In addition, the latest call the Copyright Act criminal
penalties of 10 years for pirarcy,".this is a way to provide security for creative people of
Indonesia.
The regulation of Consumer
Protection also needs
to be applied more extensively by
law enforcement officers from the police to the
prosecutor. “welcoming MEA at the end of 2015,
the Consumer Protection Act No. 8 of 1999 already has a comprehensive substance regarding restrictions
or arrangements for
the producers or entrepreneurs.
"Understanding the law needs to be
emphasized, including all court
levels. Some cases
involving the protection of consumers
do not finish. It also shows that judges need to get a
thorough understanding of the Consumer
Protection Act”.Said head of Consumer Institute Yogyakarta
John Widijantoro Sunday (04/01/2015).
I think AEC have many negative effect for Indonesia if Indonesia doesn’t
prepare it. Therefore Indonesia should do
law enforcement and improve the quality of its human resources to become skilled labor so it can be used both
in domestic and intra-ASEAN, to prevent
the flood of labor from outside. Of course we dont want see Indonesia
just can be viewer without playing
