Name : Muhammad Zaky Adilarif
NIM : 1214210210
Lecture : Prof . Dr . Faisal Santiago, SH, MM
Subject : Business Law
Economies of Southeast Asia seemed
to be an inevitable phenomenon. That is, like it or
not, ready or not ASEAN Economic Community 2015 will
roll officially on January 1, 2016. After
experiencing delays in the execution of about a year, the
leaders of the ASEAN countries agreed and remains
confident this moment continue to higher stages. While the
debate about Indonesia's readiness to deal
with it continues to reverberate in everywhere, but
no concrete steps from political parties concerning this
matter. In fact, election-winning party anybody will
be faced with the challenge of ASEAN Economic Community 2015. There
are at least two views circulates in society about
the ASEAN Economic Community 2015. First, accept
the ASEAN Economic
Community as an inevitability that could not have
been avoided despite the readiness of Indonesia.
For those who believe
in this view, the strengthening
of competitiveness with improved governance, strengthening
the capacity of law enforcement,
and indiscriminately into key while performing domestic improvements,
including minimizing the losses that occur from the
integration of the domestic economy with regional and
global economy. The second view suggests
that Indonesia should be independent, not
dependent with the outside world. In fact, it doesn't need to
be integrated with the global world. This thought can be
categorized more isolationist.The focus on empowerment
of human and natural resources in our own country with
the highest
possible utilisation for especially Indonesia people. In the
extreme in the context of ASEAN Economic
Community , participation in this process should be
considered and if necessary steps
are more nationalistic. Of the
two opposing views that appear different consequences. Ironically,
whatever the views espoused, there are no political
parties that are clearly thinking about them, much less make it
happen in a
concrete work.Moreover, the election focus
will still face the legislative seats contested in
various ways.
5 (five) of the
subject goods from ASEAN Economic
Community that would not be considered one
eye. It took a thorough and systematic preparation well encompassing his regulation devices and infra-structure to
support it. This is certainly not to be an exaggeration,
given the ASEAN Economic Community, not just
the products goods could get out in Indonesia,
but also labor, services, and
capital. Moreover, as a country that has the largest
population and the largest natural resources compared
to other ASEAN countries, Indonesia has
certainly become a potential market for their
products. One of the important tools that need to be prepared to
face the ASEAN Economic Community was the construction of
the legal system in the form of legislation in
favor of the needs of ASEAN Economic Community. Preparation
of legal devices support AEC also is not
an easy thing to do. This is due to the application
of the ASEAN economic integration is still restricted
by the policies and economic decisions that are owned by
the respective ASEAN countries. This poses a
challenge when Indonesia would like
to cooperate more closely
with other ASEAN countries,Indonesia inevitably must
be able to make decisions together.
The issue, on the
one side, Indonesia is still reluctant to
split some sovereignty, but on the other hand the
fact on the ground the Government must realistically to
face the demands of the market economy and trade. In
the end, the Government of Indonesia will be in a situation
that forced it to take a policy together and
collectively. The condition that the laws force
the invitations that are in line with the policies of
the ASEAN Economic Community must contain the
same principles, or at least have basic philosophical and
sociological value that supports the principles
of the ASEAN Economic Community. This is
considered important because
if our invitation laws yet in line regulations,
not the impossible, Indonesia only as a country of
destination of sales of goods and services as a result of
the ASEAN Economic Community rather than as perpetrators
of trafficking itself. Legal developments Expected in
the capacity to be able to embody the participation
of Indonesia in the cauldron of the ASEAN economic
community, or AEC, surely this is not an easy
thing. Necessary preparation and of maturity both in terms
of legislation,human resources engaged, as well as the
infrastructure that supports it.
In terms of the
formation of Indonesia's laws and regulations that support
the implementation of the AEC, the establishment of a
legal product should be in line with the direction of the development of
national law as the Foundation in creating and
shaping the 3 regulation legislation in
question. If you see the view from Romli Atmasasmita,
who stated that the development of national law implicitly reflect
that until recently in Indonesia still occurs the
process of social change towards the modernization
of legislation process are packed in a regular and
continuous improvement by
incorporating socio cultural aspects that support
the direction of such changes. This suggests that
the development of our national law continues to undergo changes towards modernization with
notes keep plugging his socio cultural aspects.In
the long term National Development
Plan 2005-2025 as stated in Act No. 17 of
2007, not yet seen concretely support the
development of national laws in the face of changes
to international trade, one of which in the form of the
ASEAN economic community, or AEC.
In one of
the national development vision provided
in Long-term National development plan mentioned
that the vision of the national development aims to
realize Indonesia plays an important
role internationally in the Association by way
of solidifying diplomacy Indonesia in order to fight
for national interests; Indonesia's commitment to continue the
formation of identity and the establishment of international and
regional integration; and encouraging international cooperation,
regionally and bilaterally between communities, between
groups, as well as between institutions in various fields. While
the principal goal of this vision is to restore
the important position
of Indonesia as a democratic State that is
marked by the success of diplomacy
in international fora in the maintenance of national
security, territorial integrity, and safeguarding the natural
resources of the national wealth; the realization
of national independence in a
global constellation; and
increased investment companies Indonesia abroad. Next
in Long-term National Development Plan 2005-2025, there is
a direction of development in order
to create a nation of Indonesia which has competitiveness particularly in
strengthening domestic economy with a
global orientation and competitive power.
To
strengthen the domestic economy with a
global orientation and the competitive power, need to
do some strategic steps in between doing
a gradual transformation from an economy based
on comparative advantages in natural resources into the
economy a competitive edge; still developing economy
that is based on the principles of economic
democracy that observes the national interest so that
the assured opportunity seek and work for the
whole of society and encourage the achievement of poverty
reduction; and in order to strengthen the competitiveness
of the economy globally, the industrial sector need to be
built in order to create the environment of micro
enterprise (local) which can stimulate the growth
of related industries that healthy and strong through
(1) value added chain through the development
of diversified products (downstream development), we
may, to the detriment of the structure or overall development (upstream-downstream); (2) strengthening relationships
between related industries including industrial horizontal support
and complement industry, including multinational companies associated with
networking, as well as strengthening relations
with primary sector activities and services that
support it; and (3) the provision of a range
of infrastructure for improved collective capacity, among
other things, include the physical facilities and
infrastructure (transport, communications,
energy, and infrastructure technologies;measurement infrastructure, standardization,
testing and quality control; and infrastructure as
well as the education and training of industrial manpower)
In relation
to the enactment of the AEC will or ASEAN Economic
Community 2015. It should be the direction of
development of national laws, which implied earlier
in RPJPN, directed to support the start
of the AEC. It is becoming important to the
implementation of the AEC forums especially for Indonesia could
be implemented for
all stakeholders involved. Nevertheless the legal developments should
still be guidedby the directions of the national
development corridors in General by
incorporating socio cultural aspects that support
the direction of such changes. If looking at
the AEC blueprint as has
been described previously, there are several
settings in the fields of law that need to
be there for immediate adjustments (adjustment). According
to the author's view there are at least fourteen
(14) field arrangements and regulations that need
to be adjusted to the introduction
of the AEC. The fields of trade, industry, investment,
labor, food, agriculture, forestry, taxation, consumer protection,intellectual
property rights, air transportation, health, tourism, and small
and medium enterprises. However, there are also laws
that in the settings associated with the spirit of the
setting in the AEC.
As an
example of arrangements concerning the protection
of consumers in the AEC as already disclosed in
the earlier, that exposure to consumer
protection, policies that attempted to build a
competitive economic region, performed
with such activities including strengthening consumer
protection in the ASEAN Coordinating Committee through
the establishment of consumer protection the ASEAN countries as
well as consumer protection agencies build networks to
facilitate the exchange of information. In
article 34 paragraph (2) of Act No. 8 of 1999 on
the protection of Consumers stated that in carrying out its
work, the National Consumer Protection
Agency may cooperate
with international consumer organizations. Please note
that current National Consumer Protection Agency (BPKN)
has been established since 2004, and currently has
entered the 3rd stewardship until the
year 2016. Associated with the settings in
article 34 paragraph (2) it can be noted that the
authority of Indonesia represented by BPKN opens the
possibility to do with co-operation
with International consumer protection organization, so this
shows also that spirit in
the AEC Coordination Committee declared that the
protection of consumers of the ASEAN countries.
REFERENCES
=> http://tirtamursitama.com/wp-content/uploads/2014/08/Parpol-dan-Masyarakat-ASEAN-2015-Koran-Sindo-07052013.pdf
=> http://rechtsvinding.bphn.go.id/jurnal_online/ARAH%20PEMBANGUNAN%20HUKUM.pdf
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