Name : Kirana Mulyacantika
NIM : 1214210168
Lecturer : Prof. Dr. Faisal Santiago, SH, MM
Subject : Business Law
TOWARDS
AEC 2015
As a region which is occupied by more than
600 million lives, ASEAN has always been very ravishing. Proved by at least
historically, except for Thailand, every nation in this region had gone through
a colonization period. The motives were to get a strategic position and an
abundance source of natural resources. Name it, England, France, Portuguese,
America, Japan, and their alliances. Now, when ASEAN rose as a “ravishing”
region, those country which then had “torn” our sovereignty, are once again
present to enjoy ASEAN. Now, they aim not only the strategic position and
natural resources but also the abundance market resources of ASEAN.
As a region, ASEAN did go through changes
from time to time. Since its foundation on 1967, the initial motivation of the organization
which was only formed by 6 nations was to acknowledge the sovereignty of each
nation and preserve the stability of each of its regional security. At those
times, the ASEAN nations’ condition still went through internal problems. The presence
of the superior nations in that region also triggered conflicts between the
states. But, 50 years later, ASEAN has changed. The world’s politic and
economic developments also take part of affecting ASEAN’s social society,
politics, and economic until the coronation of ASEAN as a region which have dynamic
economic development and have the most stable region.
According to Fahmi Raddy, one of the spirits
triggered the establishment of ASEAN Economic Community (AEC) is to unite all the
South East Asian citizens in a huge community where their interaction is no
longer bounded by the state boundaries. This integration spirit also based on
people to people principle, not state to state interaction anymore. According to
this lecturer and researcher from UGM Yogyakarta, AEC leads to a free market,
meaning there would not be national market but a South East Asian market.
The problem is whether or not the states in
the shade of ASEAN are ready to face this free market condition. Living in a
borderless zone could give opportunity and of course intriguing. But do all of
the states of ASEAN have the same capability to compete with one another? At least
ASEAN has decided its political decision to be a region that could not live
with boundaries of goods and services from other states.
In order to push the birth of a competitive region,
ASEAN has set up a framework on the designed mechanism of the ASEAN free
market. The formula of competition policy becomes a very strategic issue. To push
this, ASEAN has agreed to the ASEAN Economic Blueprint (2007) as the foundation
of bringing AEC which one of the key characteristics is the reach of
Competitive Economic Region through implementation of policy and the competition
law.
In the context of ASEAN free market, the
Policy and Competitive Law would be much needed, because at the end of 2015 the
free market will officially be opened. Before, the trading transaction happens
separately in 10 nations namely, Indonesia, Malaysia, Singapore, Thailand, Philippines,
Brunei Darussalam, Vietnam, Cambodia, Laos, and Myanmar. In 2015, the trading
transaction will be integrated in one free market. Thus, for businessmen that
want to expand their business in ASEAN or get in touch with other businessmen
across the ASEAN have to understand the laws which apply to each state, including
the competitive law.
The effort of creating competitiveness
through law and competition policy had been done by some actions. Through ASEAN
Expert Group on Competition (AEGC) as a structural organization in ASEAN which
handles the implementation of competitive law. It is recorded there are 5
states that already applied the competitive law, namely Indonesia and Thailand (1999),
Singapore and Vietnam (2004) and Malaysia (2012), while others still on
legislation process.
Indonesia as one of the first state that
applied the competitive law has actively play a role as the centre of excellence
in developing the competitive law in ASEAN through sharing experience, labor
transfer to other member states, comparative study and internships, also gives
a significant contribution in the preparation of some of AEGC products as the
leader in preparation of Guidelines on Developing Core Competencies in
Competition Policy and Law for ASEAN (2013) and actively contributing in the
set up of ASEAN Regional Guidelines Policy (2010) and Handbook on Competition
Policy and Law in ASEAN for Business (2011).
Implementation of ASEAN Economic Blueprint
in order to realize AEC will bring new consequences for business world in
Indonesia. In competitive perspective, consequences from the opening of free
flow of goods and services are the emerge of new competition, new relevant market
and the potential contact with competitive law of other neighboring countries
such as Malaysia and Singapore.
INDONESIA’S PREPARATION
In a seminar about “Food Security and
Competition Policy in Facing the ASEAN Common Market” held by Komisi Pengawas
Persaingan Usaha (KPPU) together with the Faculty of agriculture of Hassanudin
University, Makasar, many are concerned that Indonesia would become the loser
in this era. According to Prof. Dr. Saleh Ali, the upcoming AEC 2015 can both
be a blessing and calamity for Indonesia. It will be a calamity if our
agricultural product cannot compete with other state’s products. The flow of
capital and investment from outside would only dredge our crops and human
capital. That’s why we need to optimize Indonesia’s agricultural sector by
enhancing the connectivity between region to be a part of ASEAN, and later on
global level.
Other concern comes from businessmen. According
to the Chairman of the Chamber of Commerce, Suryo Bambang Sulisto, government nor
business world in Indonesia still haven’t given the sign of integrating a
program in preparation of facing AEC 2015, because our private sector is still
far out of the circle of the nation’s decision making. Another view came from
Prof. Dr. Hendrawan Supratikno, member of Komisi 5 from PDI-P fraction. According
to Hendrawan, the competitiveness of our local product is still very weak
compared to imported products. The flood of imported product in Indonesia clearly
indicates the situation. This has to be carefully observed and improved, if not
Indonesia might become the loser country in South East Asia.
ROLE OF KPPU
In entering the ASEAN free market, the
competitiveness of our state is definitely the most important. Law structure
and competition policy which push the dynamics national competition has to be
more intense and need to be implement. As an organization which supervises law
and policy of competition, KPPU position is highly important to win this market
competition. That is why KPPU has to be inside of one of the government’s
strategy, because if not, there is possibility that KPPU will be used as an
important tool to enhance imported products, whereas KPPU could be one of the
instruments to win the market competition.
According to member of DPR RI form Fraksi
Partai Demokrat, Azam Azman, KPPU has an important role in enhancing national
competitiveness and protecting citizens’ interest. Therefore, DPR will strengthen
the function and authority of KPPU through the revision of UU No. 5 Tahun 1999
about Prohibition of Corruption and Healthy Business Competition.
To strengthen KPPU’s function, komisi VI DPR
RI committed to do a revision of UU No. 5 Tahun 1999 about Anti-Monopoly and
Unhealthy Business Competition. The chosen KPPU commissioner is asked to be
braver in practicing his duties according to the function and authorities, also
to promote initiatives, ideas in practicing his duties dealing with cases
related to healthy business.
Source :
KPPU.
2013. KOMPETISI Menuju Pasar Bebas ASEAN.
Jakarta: MEDIA BERKALA KOMISI PENGAWAS
PERSAINGAN USAHA
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