EXAMPLE CASES IN INDONESIA ECONOMY
Economic history of the world, shows that many urgent problems in the world due to economic problems. For example, in 1930 the world suffered the problem of unemployment among labor and other resources, as well as the 1940 world having problems reallocate scarce resources quickly between the needs of the needs of the civil war. 1950 inflation problem occurs, the 1960 setback economic growth, in 1970 and early 1980 in case of rising energy costs (oil prices increased ten times compared to the previous decade) (Lipsey, et. Al. 1991), enters the end of 2008 up to the current global financial crisis that began in the United States since 2007 that triggered the breakdown of housing loans (subprime mortgages) have also been causing problems worldwide.
The effect of Indonesia, among others as the world economy weakened so that the export market for Indonesian products to be greatly reduced, so that the exchange rate depreciated foreign debts public and private become a heavy burden. Indonesian history over a long period as colonies of foreign nations for economic reasons that Indonesia is a source of agricultural products is also very important for the world economy mempelihatkan that the problem is an important issue for a country.
From the description above, we can see that the economic problems always arise from the use of scarce resources to satisfy unlimited human wants in an effort to improve the quality of life. Due to scarcity, then it happens struggles for control of the scarce resources. Seizing the ruler over scarce resources can lead to disputes between economic actors could even trigger a war between regions and between economic’s country. The problem, this needs to be arranged so that the utilization of limited resources can work well with principles of justice. Economic law is one tool to address the issue of sharing.
• DISCUSSION
Utilization of limited resources led to the need for a legal device that can be set so that all interested parties receive fair treatment (win-win) and to avoid disputes among economic actors. One function of law is to regulate life in human society in various aspects. Human economic activities to meet their needs. Humans are not self-sufficient, therefore humans interact with other humans. These interactions often do not go well because of the conflict of interests among men who interacted.
To avoid disputes there must be a mutual agreement between them. Economic activity as one of human social activities also need to be regulated by law in order to economic resources, utilization and activities can be run well by considering the economic justice for the perpetrators. Economic laws or regulations applicable in each social group or a nation vary depending on the agreement in effect at the social group or nation.
The purpose of a nation one of which is the welfare of its people. Countries such as Indonesia purpose contained in the preamble of the 1945 Constitution which protect all the people of Indonesia, and the entire country of Indonesia and to promote the general welfare, the intellectual life of the nation and participate in the establishment of a world order based on freedom, abiding peace and social justice. In destination countries mentioned promote the general welfare. So the national economy devoted to the advancement and welfare of the public.
Article 33 UUD 1945, paragraph 2 states that the state controls production branches are important and dominate the life of people and their land, water and natural resources contained in it to be used for the greatest prosperity of the people. SOE (State Owned Company) is one of the implementation of this Article which are PT. Pertamina, PT. Aneka Tambang, PT Pertani, PT Kaltim Fertilizer, PT Pertani and others. In an era of privatization that was originally done for efficiency and the opening of foreign capital into Indonesia needs to watch out lest branches are vital production and natural resources in Indonesia belong to strangers and just see little benefit or royalty and not to Indonesia only as spectators in their own country. The role of the law here is to protect the interests of the country need to be made so as to realize a prosperous nation and become masters in their own country.
Indonesian Economy Law should also be capable of holding the 1945 Constitution (amendment) of Article 27 paragraph (2) which provides: “Every citizen has the right to work and decent living for humanity”. The state also has an obligation to welfare people, so that the economy should be the welfare of the whole people, while the poor and neglected children also need to be maintained by the State. The state needs to create a conducive climate for business and for people who are not able to be empowered. While that certainly can not be helpless like a sick person, disabled should be given social security (Article 34 of the 1945 Constitution). The task of this country in its present condition is not easy where the government’s own financial capacity is also limited. The concept of a good economy needs to be implemented.
Indonesia is part of a global community that Indonesia was not independent of international law, including the economic concerns. But even so, we must also be critical for the well-being and fight for the rights of our country, because not all economic policies can be implemented and applied even if there should be an adjustment to the applicable law in Indonesia.
Indonesia also consists of various ethnic groups, so that in the setting of economic law should consider it. In the New Order era we’ve tried to set this country using centralized or centralized system. All economic activity is regulated by the central government. Recognized with this system our economy had debuted with a self-sufficiency in rice, but on the other side of a gap between the economic centers in remote areas and lack equitable development.
The main objective of decentralization is to improve the welfare of the people through the implementation of business / function / responsibility of government for the provision of better public services. The implementation of regional autonomy will improve people’s welfare. Some successful examples are shown in Tempo, Monday, December 22, 2008, a number of heads of regions in the country can develop their creativity in advancing the region. The role of local leaders in fostering equitable development and welfare improvement is essential.
The criteria chosen to select the candidate Tempo figures are regional leaders in the pubic service sector, transparency and friendliness of the local business world. This is done because it is still a lot Tempo skewed notion of autonomy as the decentralization of corruption and the appearance of small kings. A total of 61 cases of head area becomes suspect and then be convicted as a result of a wrong practice and perception of autonomy in running the regional autonomy.
Local government should be careful in making regulations or laws affecting the economy of the region, in order to avoid any perception of local economic autonomy. The role of the central government should be more stringent in overseeing the national goal of regional autonomy in order to run as it should. Alignments both central and local governments on the growth of cooperatives, small and medium business area is expected to reduce the gap between established communities and marginal, due to the growth of cooperatives, small and medium enterprises will reduce people’s dependence on imports and expand employment. So that would be expected to reduce the burden on local governments and overcome the difficulties of its region to be independent in accordance with available resources in the area.
The regional governments also need to ensure that local autonomy is not set up an area with glasses local but rather see that we have a country with a noble purpose as stated in the Constitution of the Republic of Indonesia, 1945. Administration area should also not be arbitrarily brag when successful, but also want to help other areas, with a minimum transmit information about their efficacy against other regions.
Human economic activity as one of human social activities also need to be regulated by law in order to economic resources, utilization and activities can work well considering the side of justice for the perpetrators of the economy. law or regulations in force in any social group or a different nation- depending on the agreement in effect at the social group or nation. So that aspect of the law should be made based on the level of interest that arise in a society in a region, for which the legal aspects need to be made in line with the policy of regional autonomy within the framework of the national wealth distribution.
Implementation of economic law itself needs to be monitored so as not to cause distortion but it can boost the economy itself. As an example: Autonomous regions when executed properly can provide flexibility for local governments to innovate for the welfare of the region not to highlight the local respectively. Commitment and good supervision institutions also need to be developed so that law enforcement can apply to both the public and law enforcement itself.
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