Suchergebnisse

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate. Keywords: Cooperative, AEC, legal reform, SMEs

ASEAN Charter 2007 as 'constitution' of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.

In the late twentieth century international trade moved from a political multi-polar system based on the nation-state to a system featuring unified regional trading regimes. An inevitable feature of increased cooperation through bilateral, regional and international arrangements is the emergence of disputes over the interpretation and implementation of the agreed upon commitments. Accordingly, reliable mechanisms for the settlement of trade related disputes have become necessary to ensure the effective and continued functioning of these arrangements. Over the years these dispute settlement mechanisms have evolved from the relatively simple, diplomacy based structures called for in the GATT, to the detailed, legalistic, adjudication based mechanism found in the WTO. Bilateral and regional initiatives, such as NAFTA and MERCOSUR, as well as the EU, have similarly adopted dispute settlement mechanisms which adopt, in varying degrees, legalistic adjudicatory processes. Since 1967 ASEAN has spearheaded the creation of a regional trading bloc in the South East Asian region. As in other trading blocs, this has inevitable led to the need to develop effective and workable dispute settlement mechanisms. This thesis examines the development of trade dispute settlement mechanisms in ASEAN tracing its development from a model based on pragmatic diplomacy to a legalistic adjudicatory system with particular reference to the ASEAN context. It examines the extent to which the ASEAN context has influenced the content and the adoption of trade dispute settlement mechanisms in the region, as well as the extent to which the recently adopted 2004 Enhanced Protocol on Dispute Settlement can adequately address trade disputes in the region while remaining sensitive and responsive to the ASEAN context. Based on a comparative examination of dispute settlement mechanisms in other trade agreements, a range of key procedural issues are identified and examined with a view to identifying the prospects and challenges which ASEAN faces in the ...

The enforcement of the obligation to use the Indonesian language in international commercial contracts, which is a mandate from Act No. 24 of 2009 regarding the National Flag, Language, Coat of Arms, and Anthem, has become an issue and been brought to court. The Supreme Court finally decided in 2015 that an English language international commercial contract is void. The decision has provided clarity on the controversy after seven years of enforcing this obligation due to the lack of implementing a regulation that could further explain the phrase "must" in the provision of Article 31 of said law, which led to multiple interpretations among stakeholders. Although precedent is not recognized in Indonesia, this issue still brings uneasiness among investors, especially foreign ones. In facing this issue, this article discusses what steps must be taken by investors to avoid a lawsuit demanding the annulment of their foreign language contracts. Government Regulation 57/2014 (2014), as an ancillary of Act 24/2009, is silent on the use of the Indonesian language in international commercial contracts. This article therefore argues that a presidential decree to implement the regulation as mandated by Article 31 of Act 24 of 2009 should be enacted immediately to provide legal certainty to foreign investors who may have contracts with Indonesian private parties.

AbstractThis research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.Keywords: legal protection, Migrant workers, domestic, state responsibility.AbstrakPenelitian ini mengkaji bentuk-bentuk perlindungan hukum yang diberikan kepada pekerja migran PLRT di luar negeri. Pekerja migran PLRT karena karakteristiknya merupakan kelompok yang sangat rentan terhadap perlakuan abuse, diskriminatif, dan ketidak-adilan ketika bekerja di luar negeri. Kelompok paling rentan diantara pekerja migrant adalah TKW PLRT karena keperempuannya. Konsep tanggung jawab Negara mengharuskan pemerintah memberikan perlindungan kepada TKI terlepas dari status mereka, baik legal atau illegal karena mereka berada diluar yurisdiksi Negara pengirimKata Kunci: Perlindungan hukum, TKI, PLRT, Tanggung Jawab Negara.

ASEAN has adopted the ASEAN Charter in 2008, which designed ASEAN as a 'rule-based' organization. The Charter legalized all of ASEAN's principles, agreements, and co-operations and they became legally binding commitments. After nearly a decade since the adoption of the Charter, ASEAN Member Countries (AMCs) still put state sovereignty as a higher priority than organization interests in some areas of co-operation as agreed in the ASEAN Blueprints. As consequence, the fulfillment of measures of AEC Blueprint 2015 had not completed yet in December 2015 as agreed deadline. This article argues that legalization of ASEAN has failed. It discusses the ASEAN Economic Community Blueprints (2009 and 2015) as a strategic tool to achieve the ASEAN vision as well as a legalized model in achieving the ASEAN Community in 2025. It examines whether ASEAN will continue to avoid legalization, especially in implementing a trade dispute settlement mechanism even though the Charter stated that "disputes which concern the interpretation or application of ASEAN economic agreement shall be settled in accordance with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism 2004". It examines other regional organizations, such as the European Union and North American Free Trade Area, as closer examination of other regional variation allows a better understanding of the benefits and cost of legalized institutions in sustaining co-operative and predictable outcomes for both governments and private agents.This article also observes the WTO dispute resolution mechanism since ASEAN had utilized the WTO Dispute Settlement Understandings (DSU) as a role model for its dispute settlement mechanism as specified in the Protocol

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.

since 2007 ASEAN has moved towards an ASEAN Economic community(AEC) as an economi integration of member states based on four economic pillars. One of AEC economic pillar the single market and Production base, means,the region as a whole must become a single market and production base to produce and commercialize good and services anywhere in ASEAN. The establishment of AEC is offering opprtunities in the from of a huge market of US$ 2.6 Trillion and over 622 million people. Of this number, around 40 per cent or 245 million people live in Indonesia. Numerous officials and othes have their doubts and worried that Indonesia will mainly be the market for the AEC and Indonesia's progress in developing its human capital will be negatively impected compettition from other ASEAN nations. The crucial futher step of the AEC is to implement the free movement of skilled labors as one of five core principles of single market and production base pillar, as it will boost economic integration in the region levels. In practice however, progress towords freer mobility has been slow and uneven. In practice however, progress towards freer mobility has been slow and uneven, due to rigid national immigration policies, inequalities in professional education and licensing regimes, public ambivalence toward the AEC, and the vast income gap that many countries fear will contribute to brain drain. This article examines impediment of free movement of skilled labors as a result of weak political and public support to drive the process forward as well as the myriad policy and procedural obstacles of free movement of skilled labor of selected categories of professions associated mainly with trade in service and invesment, this article also reviews the AMSs' policies in these areas

ASEAN Charter 2007 as 'constitution' of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.

This research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.

The 2007 Indonesian investment law granted national treatment for foreign investors, establishing a transparent 'negative list' for out-of-bonds investment sectors, and has been considired as a reformative regulation in Indonesia's economic strategy. However, decentralized systems give autonomy to local governments to manage their projects and infrastructure themselves. This leads into increasiig investment burdens through their opaque measures that are creating perceptions of risk for foreign investors. As a result, lack of legal certainty, inconsistent regulations and judiciary system would hamter investments. This article argues that law 25/2007 should be supported by a comprehensive investment policy to attract more foreign investors into Indonesia. A key element in establishing a competitive region is a free and open investment regime, This article addresses policy impediment to private investment in Indonesia as well as in the ASEAN region. Indonesia and ASEAN should have non-discriminatory treatment extended to foreign investors including ASEAN-based inveitors, as the establishment of ASEAN Economic community (AEC) will cornmence in 2015. Legal certainty of international business transaction by private investors is fostering investments by both direct investment and indirect investment (portfolio). Parties to investment agreements include individuals, small, medium and large multinational corporations, and countries. In this centralized global atmosphere, the Indonesian agovemment has to provide guarantees to leverage private investments.

Currently, ASEAN has come to the new phase of cooperation on political security, economic, and socio-cultural by the establishment of ASEAN Charter in 2008. The cooperation has been deepened, widened, and enlarged. Accordingly, the AEC is the most significant cooperations, namely the economic integration of ASEAN which not mere free trade area but to make the region as a production basefor all products of ASEAN as well as to accomplish the region as a single market by applying scorecard system of AEC's blueprint that should be preserved by all ASEAN state members. Theformation of AEC in 2015 totally depends to the commitments of the member states of ASEAN to apply those agreed trade agreements, roadmaps, and plan of actions including AEC's blueprint.

Indonesia is the biggest maritim state in the world as two third of its area are ocean. In order to maximized its fisheries products, Indonesia has some policies regarding to the management of its waters, including eradicating illegal logging and reforming bilateral agreements with some neighbor countries. This policies, however, appear to be not yet optimal. The government in 1985 has ratified the UN Convention on the Law of the Sea (UNCLOS) 1982 with the Act 17/1985. However, up to now, Indonesia has not ratified yet the United Nations Fish Stocks Agreement 1995 and the 1993 Compliance Agreement as the continued arrangements of UNCLOS 1982. Indonesia should conduct such ratification in order to optimize the Indonesian fisheries industry in which its natural resources, whether living or non-living can be explored and exploited. This is crucial as fisheries industries can provide fish stock as alternative healthy food for the people in Indonesia.

The era of trade liberalisation for the ASEAN Economic Community (AEC) began in December 2015 and brought about economic liberalisation in the Southeast Asian region. This era is competitive and the ASEAN member states (AMSs) almost do not have full power of sovereignty to govern their own economic national matters. In this globalised dependence era, the majority of states in the world have to adjust and adopt as well as adapt their national laws to internationalised rules of law. This trade liberation era also has forced companies and other business entities, including Small and Medium Enterprises (SMEs) and Cooperatives in Indonesia to compete with each other in order to tap the benefits of international trade liberalisation. In this context, SMEs and Cooperatives in Indonesia need some kind of protection from the government that does not oppose international regulations on trade. While the number of SMEs and Cooperatives is 98 per cent, their contribution to Indonesian export is small, at only 19 per cent. They are weak in terms of capacity building and access to capital, information technology, global markets as well as integration with regional and global market chains. This research paper evaluates SMEs and Cooperatives in Indonesia in terms of facing AEC trade liberalisation, i.e., what has done and should be done by the authority is to give proper protection to the SMEs in Indonesia by focusing on the manufacturing SMEs as this sector has the best chance of boosting SMEs' export capacity and building the competitiveness of Indonesian SMEs in order to be equal with other SMEs in the ASEAN region.