Artikel: Demokrasi Ekonomi Pada Kebijakan Hak Konsesi Pelabuhan Di Indonesia Dampak Demonopolisasi PT.Pelindo (Persero)

Samawati, Putu and Ernaningsih, Wahyu and Flambonita, Suci (2023) Artikel: Demokrasi Ekonomi Pada Kebijakan Hak Konsesi Pelabuhan Di Indonesia Dampak Demonopolisasi PT.Pelindo (Persero). Tanjungpura Law Journal, 7 (1). pp. 18-32. ISSN 2541-0482

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Abstract

The demonopolization policy towards PT.Pelindo (Persero) through Law No.17 Year 2008 concerning Shipping, is carried out by the government based on the demands of globalization in order to create perfect competitive market conditions, efficiency and effectiveness in corporate management. Demonopolization has an impact on the change in the status of PT. Pelindo (Persero), which was previously a regolator and operator by monopolizing port business activities, and become a port operator in the format of a Port Business Enterprise (PBE). As PBE PT.Pelindo (Persero) has the same status as a Private PBE, where the exploitation of ports is done through concession rights granted by the Port Authority (PA). The fundamental issue is to examine whether the concession rights which are the impact of demonopolization are in line with the concept of economic democracy based on the Indonesian constitution. The study was conducted using a normative juridical research method and a legislative approach. The results of the study are anticipatory strategies that can be considered by the government in determining policies that prioritize the principles of democracy economy in accordance with the Constitution of the Republic of Indonesia. Determination of the choice to determine the granting of the port concession rights to the private sector must be able to be decided on carefully consideration. The most important thing is to ensure that the economic democratic system must be able to be implemented in the performance of ports even though managed by the private sector, not to override the protection function of the lives of many people in order to achieve the demands of the maximum profit of the company.

Item Type:	Article
Uncontrolled Keywords:	Economic Democracy; Concession; Demonopolization; Port; Indonesia.
Subjects:	K Law > K Law (General) > K1000-1395 Commercial law
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Putu Samawati
Date Deposited:	01 Sep 2023 10:44
Last Modified:	01 Sep 2023 10:44
URI:	http://repository.unsri.ac.id/id/eprint/123710

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