James Reinaldo Rumpia (2016) Asean Economic Community: Balancing Investment Andsocio-economic Rights

Lembaga Penelitian Um Metro

File Pdf Download


ASEAN Economic Community (AEC) promotes the development and economic welfare in ASEAN nation. Indonesia, on the other side, accepts it as a big chance of investment. Through investment, the government hopes to achie ve economic development. Policies, regulation, even deregulation has been made for a friendly investment. But, there is no guaranteed investment will also bring social welfare. Regulation is not only as a tool for investment but also to protect socio - econo mic rights of people's. As the example, the regulation made for protecting the local worker, or employment opportunities. The regulation also provided for protection and empowerment for small and middle economies or the poverty alleviation. This condition will be the dilemma for the government to balance the investment and to fulfill socio - economic rights at the same time. Truly are UUDNRI 1945 already formulating to solve this dilemma? We can learn from article 33 UUDNRI 1945, about the idea to keep it ec onomic development work together in harmony with the will to fulfill socio - economic rights. This paper focuses on seeing how regulation consistence in fulfills socio - economic rights in AEC Free Trade, with the normative method through legislation, social, and economic approach, The research result describe the regulations used for facing AEC dominate by investment design and forgot about socio - economic rights.

Keywords : ASEAN Economic Community, Investment, Socio - Economic Rights


1] Emanuela Carbonara, dan Francesco Parisi, Choice of Law and Legal Evolu tion: Rethinking The Market for Legal Rules, Journal of Public Choice, Volume 139, 2009, Issue 3/4, Dodrecht: Springer Science & business, page 464. [ 2 ] Caroline L Paine, Bringing Home the Bacon or Not? Globalization and Government Respect for Economic an d Social Rights, Human rights review, 09/2009, Volume 10, Issue 3, Dordrecht Netherlands: Springer Science & Business Media, page 426. [ 3 ] Andreas Follesdal, Global Distributive Justice? State Boundaries as a Normative Problem, Global Constitutionalism, V olume 1 issue 2, July 2012, Cambridge: Cambridge University Press, page 275. [ 4 ] Daniel D Bradlow, A Framework For Assessing Global Economic Governance, Boston College Law Review, 05/2013, Volume 54, Issue 3, United State: Boston College School of Law p age 982. [ 5 ] Ibid, page 982 - 983. [ 6 ] Ibid. [ 7 ] Ibid, page 989. [ 8 ] Frank J Garcia, Introduction: Globalization, Power, States, and Role of The Law, Boston College Law Review, 05/2013, Volume 54, Issue 3, United State: Boston College School of Law pag e 907 - 909. [ 9 ] I.C. van derv lies, Legislation in a Global Perspective, in J Arnscheidt, et.all, Law Making For Development Exploration into the Theory and Practice of International Legislative Projects, Leiden: Leiden University Press, 2008, page 133. [ 1 0] Sri Edi Swasono, Daulat - Rakyat versus Daulat Pasar, Yogyakarta: Pustep - UGM, 2005, page 34 - 35. [ 1 1] Ibid. [ 1 2] Ibid. [ 1 3] Kwik Kian Gie, Nasib Rakyat Indonesia dalam Era Kemerdekaan, Jakarta: Pt Gramedia Pustaka Utama, 2016, page 46. [ 1 4] Jimly As shiddiqie, Konstitusi Ekonomi, Jakarta: Kompas Media Nusantara, 2010, page 377. [ 1 5] Ibid, page 378. [ 1 6] Milan Mesaric, Neoliberalism Vs. Planning As A Institute of Socio - Economic Development, Montenegrin Journal of Economic, volume 8, issue 3, 2012, M ontenegro: Ekonomska Laboratorija za Istrazivanje Tranzicije, page 23.