Name: Reefa
Muchtya A.S
NIM: 1214210265
Lecture: Prof .
Dr . Faisal Santiago, SH, MM
Subject:
business law
In
2015 Indonesia faced by the ASEAN Economic Community (AEC) or MEA, so that
Indonesian people should be ready to deal with it because the free market
system will enter the State of Indonesia, where business competition not only
among Indonesian society but also among communities in the ASEAN region. AEC (ASEAN Economic Community)
is a form of economic integration of ASEAN in terms of their system of free
trade between ASEAN countries. Indonesia and nine other ASEAN member countries
have agreed agreement ASEAN Economic Community (AEC).
ASEAN
Economic Community (AEC) will establish ASEAN as a single market and production
base make ASEAN a more dynamic and competitive with the mechanisms and measures
to strengthen the implementation of existing new economic initiatives;
accelerate regional integration in priority sectors; facilitating the movement
of business, skilled labor and talent; and institutional strengthen ASEAN
mechanism. As a first step to realize the ASEAN Economic Community. The
objective of the AEC is to establish the ASEAN countries into a region that is
stable, prosperous, and competitive with economic development, reduce poverty
and socio-economic disparities between countries in ASEAN. The presence of MEA
in Indonesia actually open our eyes that we must be willing and go directly to
the rise of globalization is because the longer we confine ourselves for fear
of the outside world it will be the entrainment of us than any other state.
For
Indonesia, the MEA will be a good opportunity because of barriers to trade will
tends to decrease even be no. This will result in increased exports, which in
turn will increase Indonesia's GDP. On the other hand, appears a new challenge
for Indonesia in the form of commodities traded homogeneity problems, for
example for agricultural commodities, rubber, wood products, textiles, and
electronics. In this case the risk of competition will appear with the number
of imported goods will flow in large quantities to Indonesia, which would
threaten the local industry to compete with foreign products of much higher
quality. This in turn will increase the trade deficit for the State of
Indonesia itself. (Santoso, 2008).
With
the risk that as it raises a lot of questions such as whether there is a
guarantee for Indonesia to be traded commodity will not run away? And what
about the Indonesian law enforcement against the MEA 2015? Is not going to be
the greatest risk when it turns its own law is not yet strong? And what about
the natural resources that must be maintained so as not controlled by a foreign
country?
According
to Ahmad Suryono to Bergelora.com turns out that the laws and regulations in
force in Indonesia is not strong enough to face the ASEAN Economic Community
(AEC) in 2015. On the contrary many regulations are made to provide gap for the
strengthening of foreign domination in Indonesia. For example, foreign
ownership of some investments in the banking and finance industry which can be
above 50%. Whether it would benefit Indonesia? Another problem is the emergence
of regional autonomy will bring its own challenges. Because sometimes the
region is often publishes sectoral regulations and primordial. Let alone when
the MEA, while now just said, 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 other.
Meanwhile,
lawyers and activists, Nursyahbani Katjasungkana asserted that the Indonesian
people are not ready to be a part of the MEA. We're not ready mentally to thank
all products and also foreigners ASEAN to enter Indonesia. According needed
readiness of legal protection for people and labor and protection of products
and intellectual property rights, especially women's work such as weaving,
batik and others. Now we are not only able to anticipate the Chinese products
that dominate world trade. Human resources we still aspire become civil
servants, less innovative and familiar with economic rents. The abundance of
human resources will not be a demographic bonus even in their own country.
Of
the second opinion of the person we can conclude that legally in Indonesia has
not been able to deal with this MEA, because if we force ourselves to continue
to follow the free trade, not necessarily that we can is an advantage could be
gained by the community is a loss for example if when implementing the AEC turns
out there is no strong law to natural resources for our wealth will be
exhausted or taken by a foreign State. And if we continue to push yourself, in
a few years we will be the lowest in the country of ASEAN. Although we know
that this is now developing human resources, but whether all human resources
was already able to be protected by law? And with many companies and foreign
workers who will enter later, whether this Law will protect Indonesian workers?
Based on the theory Radbruch, a rule or a new law can be said to be good if it
meets three conditions, namely philosophically can create justice, useful
sociologically, and legally able to create certainty (Satjipto Rahardjo, 1980). Made regulations in the field of employment aims
to achieve peace and meet the third requirement. The government should present
to protect the particular protection to workers especially to Indonesia and not
be subdued to the interests of the owners of capital. To deal with the MEA, the
Law on Employment is expected to soon be refined to meet the third requirement
for Indonesian workers is one of the components that affect the economic,
political, and social in this country. From the Human Resources (HR) Indonesian
workers, human resource competition between countries of ASEAN is a sure thing
happens when opening the gate MEA later. When the Indonesian workers are not
prepared to deal with this open competition, MEA will be a burden for
Indonesian workers because it will not compete with workers from other ASEAN
countries.
In
addition to its insecure legal to face the AEC, people who are in it are also
not ready, so it is not possible if the quality of our country overseas
equivalent quality, for example, only in understanding the language is not all
easy to understand language because many of the lawyers or legal entities do
not understand the English language problem like this new field of law just yet
another field, except the government itself provide restriction in the law on
the AEC, but his name is also AEC means free. It shows that the ”compulsion” of
the government to improve the competitiveness of Indonesia to follow MEA turns
produces a lot of programs and policies that it is not profitable. For existing
programs and policies that tend to lead to creative industries, micro
industries, low skill training and etc. People will not be able to compete with
models like these programs and policies. It is clear that the free market is strategy
of a foreign country to further strengthen its economic colonization in the
ASEAN region. Of course this should not be allowed. Moreover, assuming that the
MEA is a positive significant challenge. Instead MEA should be viewed through
the lens of a threat, so there is no way for foreign countries to seize the
resources that exist in our country.
In
addition to laws that need to be noticed is the human and natural resources to
note is about the surveillance of foreign products need to be tightened because
Entering the ASEAN Economic Community (AEC) of goods and services from abroad
and out freely. If the control is weak, consumers will be disadvantaged. Although
reciprocity in the upcoming MEA momentum, Indonesia has the opportunity to
market various products in the ASEAN market with the more free aspects of
consumer protection in their own country still needs to be closely monitored. Consumer
Protection Act also needs to be applied more extensively by law enforcement
officers from the police to the prosecutor. Understanding of the law needs to
be emphasized include all court levels. Several cases involving the protection
of consumers who do not finish. It also shows that judges need to get a
thorough understanding of the Consumer Protection Act. (chairman of the
consumer organization Yogyakarta John Widijantoro)
Supposedly
before the agreement is signed, Indonesia makes rules that balance between the
AEC with Indonesian state now, lest to equalize between the agreement with the
Indonesian state now we can not even reach that goal. Then the guarantee to the
people who do not understand about the AEC to be made social security get
employment opportunities such as there AEC from any outside company, Indonesian
people should be able to work opportunities because we as people of Indonesia
not only accept the existence of the AEC but we also have to feel the lead the
other side of this activity. After the Indonesian to get the reciprocal then
Indonesia gives the product its own (local products) which has been recognized
internationally and the final response to the state of Indonesia, which AEC
stabilize the dollar price in dollars, with BI rules create a new policy on the
turnover of money dollars or rupiah, so if the new rule could survive even nice
rupiah could provide revenue for the public medium.
Indeed,
free trade can indeed be an opportunity and a challenge. On the other hand it
can open up the market for domestic industry are increasing. However, on the
other hand, if Indonesia is not well prepared can be a market for the onslaught
of foreign products that can destroy the ability to be productive in their own
country. While the obstacles in
the future is the lack of government support for regulations to encourage
international standard education, improving the quality of professional
services, and professional development of existing. MEA was formed to make the
ASEAN region increasingly taken into account in the eyes of the world.
Indonesia as part of ASEAN also must be able to anticipate the opportunities
and threats of the presence of AEC in 2015's. Of course as citizens we always
hope MEA will begin in December 2015 can later serve to benefit all citizens of
the nation.
RESOURCES:
http://industri.bisnis.com/read/20150105/12/387804/mea-2015-pengawasan-produk-asing-perlu-diperketat
Tidak ada komentar:
Posting Komentar