Reviewing National Law on International Law In Terms Of The Activities Of The ASEAN Economic Community (Review of Joint Policies of The
Republic of Indonesia (RI) Government - Republic Democratic of Timor-Leste
(RDTL)
By Yosef Lambert Anna, SH., M. Hum
Adjunct Lecturer at the University of Nusa Cendana from 2015-2018 -
Kupang
Kupang, 29th March 2019
Abstract
The four state pillars that are always voiced by legislators senayan to regional legislators,
academics, practitioners, students and community groups throughout the country, namely: Pancasila,
1945 Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, Unity in
Diversity. "unity in diversity" is the word that can be understood to represent Indonesia's relationship to
the Democratic Republic of Timor-Leste that even though Indonesia-the Democratic Republic of Timor-
Leste is not a unit in the formal government system, but is a geographical entity (extraterritorial borders ).
Some policies on the state include those such as ASEAN member countries (Association of South Asian
Nations) ASEAN Economic People / ASEAN Economic Community (MEA). State integrity and Study of Law
Number 12 of 2011 as a change to Law Number 10 of 2004 and the previous Law concerning the
Establishment of Legislation. In line with each policy that will be reviewed from a Research & Conceptual
Analysis-based approach, the Goals are expected to be able to answer Ius Constitutum in the Constitutional
Court and Ius Constituendum in order to implement the Equum et bonum est lex legume adage.
Keywords: Unity in diversity, Integrity, Purpose, ASEAN Economic Community
I. INTRODUCTION.
A. BACKGROUND.
The fundamental staats of Indonesian state norms are Pancasila, besides that as a driver of state activities,
it is deemed necessary to have ideas about the pillars of state, namely: the 1945 Constitution of the Republic
of Indonesia, the Unitary State of the Republic of Indonesia, and Unity in Diversity. Basically what will be
discussed here is the idea of Unity in Diversity. Considering Indonesia's free foreign policy is active or in
other words that Indonesia participates in the activities of international world organizations which in terms
of discussion of this title connects ASEAN Organizations.
First, given the dark history that has ever happened, then because of the de facto and de jure decisions taken
by consensus for the continuity of each party brought fresh air to the diplomats, the community, and the
government, especially as elements of the state. The form of the Republican Government (Indonesia, Article 1
paragraph 1 of the 1945 Constitution) in both countries means that the common goal is to achieve an ordung /
order / order to achieve the legal order together, besides that it has a positive impact including the world of
academics, one of which is each country contributes through the growth of student sympathizers to come to the
teaching and learning process in a country in this case especially in Indonesia.
Secondly, exploring the local wisdom of the local community, especially Kupang, as the capital city of the NTT
region that borders Timor Leste directly, is a separate concern that must be done by the Government. For example
through the Ministry of Law and Human Rights of the NTT region (BPHN / Legal Analysis) against Immigrants
who come out or enter a place or region of a neighboring country through security posts (RI-RDTL national borders,
Motaain Belu Atambua) which are certainly carried on approval or integrity. Public training and seminars within
government agencies regarding the implementation of good and clean governance based on the principles of democracy
and good government (transparency, accountability, accountability, openness / honesty, independence, accessibility,
usefulness, reachability, professionalism, nationalism etc.). Joint exercises for maritime security carried out by the
Indonesian Navy and Indonesian Air Force . Frindly match activities at soccer sports branches initiated by the national
soccer organization (PSSI) and the ministry of youth and sports (Kemenpora) as the parent national organizations and
football federation associations International ball (Federations Internationale de Football Association / FIFA).
The three authors also pay special attention to the application of constitutional rights seen from Law Number 12 of
2011 concerning changes to Law Number 10 of 2004 concerning the establishment of legislation. Namely in article 96
mentions grammatically about community participation. The community intended here is the superstructure community
and the infrastructure community . The superstructure community that is intended by the author is a state figure such as
the President and vice president, the People's Consultative Assembly, the House of Representatives, the Regional
Representative Council, the Provincial and Regency / City Representatives, the Constitutional Court , Supreme Court,
and state institutions that have state departments and agencies the non-departmental, while for the infrastructure
community the author intended is Interest group, indigenous community leaders, Non Government Organization.
The four concerns of the Timor Leste government regarding the development of arts and culture policies carried out
were the development concept of the Timor Leste government, to save traditional arts and culture from extinction by the
incessant flow of globalization. Art and culture as the identity of the people in a nation, especially in East Timor, then culture
is designated as one of the categories of nation-builders, based on the RDTL Act, article; 59, verse 1-5 of 2002 6. However,
the development of art and culture that has been carried out has not touched all the fields of art, but only a small number are
considered important and routines are carried out, such as traditional music festivals, dance, and painting exhibitions, and other
art crafts, namely; works of art, sculpture, weaving and weaving, as well as assistance in subscribing to music instruments for
art organizations and social institutions in the community. This is related to the political situation of the nation that has not been
stable and evenly distributed throughout the fields of development in Timor Leste, especially art and culture .
B. Research Questions.
Has the Government of Indonesia and the Timor Leste Government's public policy been carried out maximally towards
governance that includes excellent service ?
C. Research Methods.
Has the Government of Indonesia and the Timor Leste Government's public policy been carried out maximally on governance
that includes excellent service? At the point of this question the author understands the obligation to conduct a comprehensive
study of integrals through various information, informants, and legal understanding from the author himself. The research method
used in this study or study is to use qualitative and quantitative analytical methods to the maximum extent of the author and
besides that also based on the term of research in the review journal of the Constitutional Court, which is a mix-based system of
data research and conseptual research do not forget that the process expected by the author is through peer assessment.
II. Results and Discussion.
The Indonesian state that is moving dynamically forward from developing countries or the midle income country by preparing
strategic steps in dealing with every pattern of the globalization era besides preparing the frontline in this case is counter cyber war
in the challenges of cyber war that disrupt governance. This is the main obstacle that is currently a priority of the government, considering
that today is a political year that is quite vulnerable to various issues such as SARA, hate speech, illegal activity (fishing, logging,
immigrant, expanssions), trafficking, childrens exploitations, black markets, terrorism, corruptions, claiming national social cultural
arts 8 and other violations (extra ordinary crime).
The author observes that the main idea in international cooperation is in accordance with the principles in International Law, namely
SUNT SERVANDA PACTA that the agreement is valid as a law for the parties who hold it. It is necessary to know in advance that public
policy is any decision that is considered good and right in carrying out the government especially in the legal environment which is now
the main instrument as mandated in the constitution. The constitution in this case is as stated in the fourth paragraph of the opening of the
1945 Constitution of the Republic of Indonesia. The same thing as the parable that this morning the author uses as a guideline that has a
very broad philosophical meaning "in using escalators by prioritizing the right ". the meaning of modernization of each country certainly
accepts it with correct readiness, there are lanes which are slowly preparing in order not to fall into crucial problems and there are countries
with good sectoral skills that can move so fast (prioritized).
Referring to this discussion, namely the joint policy between the Government of Indonesia - RDTL contained in the Integrity or
Agreement between the Government of the Republic of Indonesia and the Government of the Democratic Republic of East Timor
concerning Visa Exemption for Diplomatic and Service Passport Holders in its provisions CONSIDER friendly relations between the
two countries , SUCCESSFUL to strengthen relations between the two countries, reciprocally by facilitating permission to enter the citizens
of the Republic of Indonesia and citizens of the Democratic Republic of East Timor into each country. The author knows from the Immigration
Ministry Kemenkumham informants that there is an inequality in implementation. This provision is that in Timor Leste applying for Visa On
Arrival of US $ 30, the author tries to understand this VOA is possible at the airport upon arrival or when passing the Post borderring of Motaain
region. Because there will be a different perception for lay people, namely "inequality of justice", because the implementation is different from in
Indonesia. This process can be resolved through diplomacy, namely in this agreement the parties of both countries agreed to settle it through the
diplomatic broadcast procedures available from each each country in this case is through a consulate office or ministry, for example through an
e-mail website that is distributed as a form of public information disclosure. Article 9 states that any dispute arising between the parties to the
interpretation and implementation of this provision is resolved through consultation or negotiation between the parties. This is the legal principle
that the author considers according to "what is good and right is the law"
III. Conclusion.
Research visually by reviewing every existing literature from the Public Library, other information media and the ability of the author comprehensively
to make observations independently but can be believed that the results of this study can add insight to those who are active in conducting studies of law and
science others and are expected to contribute to the world of justice, especially the Constitutional Court 9. This process can be resolved through diplomacy,
namely in this agreement the parties of the two countries agreed to settle it through the diplomatic broadcast procedures available from each country in this
case through the Consulate office or ministries such as through e-mail websites, ministry portals, newspaper blogs that are distributed as a form of public
information disclosure.
Autobiography
Name: Yosef Lambert Anna, SH., M.
Hum.
Place / date of birth: Kupang, July
15, 1991.
Indonesian citizenship.
Language skills: Indonesian,
English, German, Dutch.
Address: Nunuraja - Kelurahan
Faobata - District of Bajawa - Regency of Ngada - East Nusa Tenggara.
Education:
1. SD Inpres Nabarua-Nabire
2. Bajawa Middle School 2
3. Bajawa 1 Public High School
4. Strata One Faculty of Law,
Merdeka University Malang.
5. Pascasarjana Master Program of
Law, Merdeka University Malang.
Details of Research Costs
(Self-funding):
1. Transportation (accessibility)
2. Print
BRI Account a. n. Yosef Lambert Anna
- 027401028328504
