ASEAN ECONOMIC COMMUNITY: BALANCING INVESTMENT AND SOCIO-ECONOMIC RIGHTS

James Reinaldo Rumpia

Abstract


ASEAN Economic Community (AEC) promotes the development and economic welfare in ASEAN nation. Indonesia, on the other side, accept it as a big chance of investment. Through investment, the government hopes to achieve 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 not only as a tool for investment but also to protect socio-economic 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 formulate to solve this dilemma. We can learn from article 33 UUDNRI 1945, about the idea to keep it economic 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.

Full Text:

PDF

References


Journal

Caroline L Paine, Bringing Home the Bacon or Not? Globalization and Government Respect for Economic and Social Rights, Human rights review, 09/2009, Volume 10, Issue 3, Dordrecht Netherlands: Springer Science & Business Media.

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.

Emanuela Carbonara, dan Francesco Parisi, Choice of Law and Legal Evolution: Rethinking The Market for Legal Rules, Journal of Public Choice, Volume 139, 2009, Issue 3/4, Dodrecht: Springer Science & business.

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.

Milan Mesaric, Neoliberalism Vs. Planning As A Institute Of Socio-Economic Development, Montenegrin Journal of Economic, volume 8, issue 3, 2012, Montenegro: Ekonomska Laboratorija za Istrazivanje Tranzicije.

Books

Andreas Follesdal, Global Distributive Justice? State Boundaries as a Normative Problem, Global Constitutionalism, Volume 1 issue 2, July 2012, Cambridge: Cambridge University Press.

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.

Jimly Asshiddiqie, Konstitusi Ekonomi, Jakarta: Kompas Media Nusantara, 2010.

Kwik Kian Gie, Nasib Rakyat Indonesia dalam Era Kemerdekaan, Jakarta: Pt Gramedia Pustaka Utama, 2016.

Sri Edi Swasono, Daulat-Rakyat versus Daulat Pasar, Yogyakarta: Pustep-UGM, 2005.




DOI: http://dx.doi.org/10.24127/lr.v2i1.685

Refbacks

  • There are currently no refbacks.