Research Article
Legislation Disharmony of Land and Business Management on State Land in Belawan Seaport
@INPROCEEDINGS{10.4108/eai.29-6-2021.2312637, author={Muhammad Fauzie and Sunarmi Sunarmi and Muhammad Yamin and Maria Maria}, title={Legislation Disharmony of Land and Business Management on State Land in Belawan Seaport}, proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICOLEG}, year={2021}, month={10}, keywords={belawan port pelindo authority fisheries public company}, doi={10.4108/eai.29-6-2021.2312637} }- Muhammad Fauzie
Sunarmi Sunarmi
Muhammad Yamin
Maria Maria
Year: 2021
Legislation Disharmony of Land and Business Management on State Land in Belawan Seaport
ICOLEG
EAI
DOI: 10.4108/eai.29-6-2021.2312637
Abstract
This paper analyzes the causes of inefficiency in land and business management in Belawan Port and examines the legal steps that will be taken. The results of the study show two kinds of obstacles: 1) juridical barriers caused by disharmony of 3 (three) laws governing land and business management on state land, including the Basic Agrarian Law Number 5 of 1960, the State Treasury Law Number 1 of 2004, and the Shipping Law Number 17 of 2008 and 2) non-juridical constraints, including business practices at the cargo and passenger ports which are still dominated by PT Pelindo I (Persero) so that private companies cannot compete. This paper uses a normative juridical research method with a conceptual approach and legislation. In the management of fishing ports, the Belawan Fisheries General Company Branch Office has not been able to create conducive, advanced, and efficient land and business management for fisheries industry and trade. Belawan Port has difficulty competing with other foreign ports, especially in the economic, trade and industrial sectors. Another non-juridical obstacle is the Port Authority, as a government agency under the Ministry of Transportation has obtained the authority to manage state land and business activities at the cargo and passenger ports replacing PT Pelindo I (Persero). Currently, they cannot exercise their authority due to the multiple interpretations of the articles in the Shipping Law.