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Antinomy, Verification, and Technical Training as Key Factors in the World of Trade: The Case of Ceramics

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Abstract:
Abuse of authority, in general, is due to the extension of power and authority without being
based on the juridical foundation that is the source of such power and authority. A
phenomenon of abuse of authority, in relation to a process of verification / technical tracing
of ceramic importation activities, has moved from a juridical foundation which is the
implementing arrangement of the mandate of Law Number 17 of 2006 on Amendment to Law
No. 10/1995 on Customs. Regulation of the Minister of Trade of the Republic of Indonesia
Number 72 / M-DAG / PER / 11/2012 concerning Technical Investigation of Ceramic Import
contains double norms which gives authority to the Directorate General of Customs and
Excise to override legal norms governing the same subject without obligation to Building
juridical arguments and alternative solutions.
The construction of legal reasoning constructed by the Directorate General of Customs and
Excise against decisions taken under the authority of such delegates can not be declared
invalid as a decision. However, concrete facts indicate the existence of material losses for
ceramic impotation business actors as a result of the synchronization and disharmony of the
formulation of legal norms. Thus, the absence of legal protection for importers is particularly
vulnerable.
Keywords: Technical Investigation of Ceramic Import, Customs and Excise to override
legal norms governing

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

MH/J/001

Penerbit

: European Research Studies Journal., 2017

Deskripsi Fisik

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Bahasa

English

ISBN/ISSN

471-487

Klasifikasi

NONE

Tipe Isi

text

Tipe Media

other

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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