INDONESIA READINESS TO FACE AEC 2015 (ASPECT OF LAW ENFORCEMENT)

Name: Asyifa Pritazora

NIM: 1214210039

Lecture: Prof, DR Faisal Santiago.SH.MH

Subject: Business Law

INDONESIA READINESS TO FACE AEC 2015
 (ASPECT OF LAW ENFORCEMENT)

Asean Economic Community

ASEAN's ambitions to form the AEC are driven by external and internal development area. On the external side, Asia is predicted to become the new economic power, with supported by India, China, and ASEAN countries. Currently, based on the World Bank report (2014), using the purchasing power parity (PPP) international dollars, ASEAN economies accounted for 6 percent of global GDP. It makes ASEAN as the fifth largest economic bloc in the world after NAFTA (20 per cent), the EU (17 percent), China (16 percent), and India (7 percent). Meanwhile, from the internal region, the Asian financial crisis in 1997/1998 provides further motivation for the regional integration agenda in order to build a more resilient financial volatility macro. In addition, ASEAN also has a growing middle class young age very rapidly which can provide new sources of growth in this region.

Now, AEC was in front of the eyes, and we should ask, the extent to which the preparation of Indonesia in the era of trade liberalization this? Because as the country with the largest economy in ASEAN, with about 40 percent of the GDP of ASEAN, and almost half of the population of ASEAN, Indonesia is an important factor in the MEA which will take place this.

The readiness of Indonesia

Unfortunately, if we look at the data from BPS per October 2014 alone, not-yet implemented AEC, Indonesia has experienced a trade deficit with Thailand which reached 3.36 billion US dollars. Of course this is not a small figure. Not to mention if we look at the ranking of Indonesia according to the Global Competitiveness Index, which is still in a 38th of 148 countries, lagging far from Singapore who finished 2nd, Malaysia at position 24, and Thailand at position 37. Then, what should optimize for one year so that we can reap the benefit of the AEC that will take place this.

There are two strategies that must be done if the country is going to profit by the AEC. Therev are strategy into the country and abroad. Which will be discussed is the domestic strategy. Strategy into the efforts made in the country in order to face the AEC, such as the use of domestic products, the improvement of infrastructure and improvement of the national logistics system, improving the quality of human resources, and build industry-based value-added. As we know, the lack of infrastructure support, poor transportation systems / logistics, lack of legal instruments, and the limited number of competent human resources is a major obstacle facing this nation. It has been commonplace to hear that poor infrastructure problems often lead to high costs of production and this leads to, for example, local fruit farmers result we are often more expensive than fruit imports from China that cause local fruit cannot compete in their own country. Likewise, in terms of law is enforcement problem. The entrepreneurs are in need of legal certainty and the rule of law in Indonesia as a country frame of law.

Readiness of Law Enforcement

Legal conditions in Indonesia today are more frequent criticism than praise. Various criticisms directed both with regard to law enforcement, legal awareness, the quality of law, and also weak implementation of various regulations. Criticism leveled so often associated with law enforcement in Indonesia. Most people talk that the law in Indonesia that can be purchased, which won those with rank, name and power, which have much money should be safe from disturbance state law even if the rules are violated. There is recognition in the community that can be purchased because the law then the law enforcement officers cannot be expected to perform law enforcement thorough and fair. So far, the law does not just run as a mere routine but also mocked as merchandise. The law should be the instrument of renewal of society, has turned into a kind of killing machine motivated by the uncertain legal.

Article 1 (3) of Chapter I, the Third Amendment to the 1945 Constitution, has made it clear that Indonesia is a country of law, meaning that the Republic of Indonesia is a state based on law (rechtsstaat), not based on power (machtstaat), and the rule of system constitution (basic law), not absolutism (unlimited power). As a consequence of Article 1 (3) Third Amendment to the 1945 Constitution, there are three basic principles shall be upheld by all citizens, namely: the rule of law, equality before the law, and law enforcement in ways that do not conflict with the law. Indonesian legal system should produce legislation that can serve as a rule in the life of the state and society. But in fact the legislation that is still causing uncertainty in its implementation. Similarly, human rights, respect for the law and human rights is a must and there should be no pressure from any party to do so.

Nation building is basically also intended to meet the basic rights of citizens. It is not only the duty of the government, but also of all citizens that these rights can be met consistently and continuously. If enforced, the law and human rights, the rule of security, peace, or harmonious life will be realized. But otherwise without the rule of law will lead to uncertainty for the community and ultimately hinder the implementation of everyday life in meeting their needs.

To see the condition of the implementation of the rule of law and human rights at this time, there is some legal theory that should be mentioned. First, based on the theory of Van Vollenhoven on the implementation of government power that the government has 4 (four) kinds of functions, namely, the function Bestuur/function command, function Politie / police functions, function Justitie/hearing function, and function Regelaar / function set. In this case, the implementation of these functions must be in the underlying by law because in it there is an element of order which is to be achieved both in terms of administration and in the legal sense. The order in question is the purpose of the law as delivered by socrates and Purnadi Purbacaraka and Soerjono Soekarno.

Second, Immanuel Kant's theory according to which state the purpose of law is to ensure that the legal position of individuals in society, so that the rule of law must have two (2) main elements, namely, the protection of human rights and the separation of powers in the state. Then, the theory A.V. Dicey on The Rule of Law theory or rule by law or Government of Judiciary, who said that this theory has three (3) elements namely, supremacy of law, equality before the law (equal footing before the law), and the rights not rooted in the Constitution or the Constitution but has existed since human beings are born. Both theory shows how the different implementation of a state of law. Indonesia itself based on Pancasila and the 1945 Constitution took prismatic or integrative concepts of the two theories.

Based on some of the theories in the field of law as described above, to achieve these functions must be preceded by a matter of law because in it there is an element of order which is to be achieved both in terms of administration and in the legal sense. Order in question is the purpose of the law as delivered by socrates, and specifically to Indonesia by Purnadi Purbacaraka and Soerjono Soekarno which means the birth of harmony, peace, and justice based on the values ​​of Pancasila. In addition, the theory of Immanuel Kant representing the Continental European countries and the theory of AV Dicey representing Anglo-Saxon countries as well as the concept of Indonesia based on Pancasila and the 1945 Constitution has taken the concept of integrative both theories, showing the same thing with the characteristics of the need for a state guarantee the legal position and the recognition of human rights of individuals in the community, as well as the equation before the law. Three is a principle that is universal, the difference is just how the process of implementation of these three traits.

Likewise that, in line with the Socratic theory of the state that the state's duty is to educate citizens in virtue of promoting the happiness of the citizens and make their lives as good as possible, and the theory of CJM Schuyt who said that the law as a system of interwoven values that gave birth to their personal interests and the public interest, it is expected that the Government can create the rule of law and human rights both within the government and in society.

Relation to the issue of how "legal" right and fair can be established and enforced in Indonesia, it is expected that there are improvements in the material aspects of the legal, human resources, law enforcement, the legal infrastructure and legal culture, the explanation is as follows:

a.              Law contents.

From the aspect of the contents, in general, be expected is the creation of legal materials that can answer the problems of the nation and the state. To that end, the legislation in force in Indonesia, including prevailing in the area in the form of regional regulation shall be in accordance with Pancasila and the 1945 Constitution is important because according to the opinion and Soerjono Purnadi Purbacaraka Soekarno that for the Indonesian nation Pancasila is joint legal harmony. While the theory presented by Prof. Mochtar Kusumaatmadja that the concept of Roscoe Pound said law as a tool of social engineering can be applied with a note that the utilization of the law as a means to manipulate the public by government policy scenarios addressed to the birth of the rule of law.

b.             Human Resources Law Enforcement.

From the aspect of human resources law enforcement, in general, is expected in addition to professional law enforcement but also have good leadership and mentally. As it is known that in addition to the Commission specifically addressing corruption, the institution most responsible for law enforcement in addition to the Commission is the police, prosecutors and the Judiciary. It is expected to law enforcement officers or their human resources can be clean, dignified, and professional.

In addition to human resources law enforcement, human resources in other areas of law such as legal researchers, designer’s legislation, implementing, and law enforcement, is expected also to be professional. In terms of preparing and discussing a law, the government can be said to have a special institution that handles the research and development of a law. In contrast to all members of Parliament who do not understand the material laws? Thus Parliament is also expected to have an expert staff of legislation that can charge all areas of law, so as to assess the legal materials not only on political considerations.

c.            Infrastructure Law.

On the legal aspects of infrastructure that is expected is the supporting infrastructure of the modern legal management system. Expected, the pattern of development of infrastructure of law, must be related to planning law, counseling, legal information network, implementation / enforcement, and legal services. To that end, planning law, law enforcement and law enforcement to modernize. Expected modernization priority on infrastructure includes building law, urban design and layout of the room, office equipment, transportation equipment, computerized, housing, welfare of employees, publishing and libraries.

d.            Legal Culture.

Legal culture is the values and behavior of community members in the life of the law, then the cultural aspects of the law, is expected to create the legal culture in all walks of life. Legal culture is one component in a legal system. However, as has been mentioned that the emergence of legal culture is not solely because of the law but also influenced by other factors. These factors emerge as cultural include aspects of society to live. Culture also means a way of life which is the result of learning from the natural and social environment.