Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303619,
        author={Dodik Umar Sidik},
        title={The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={defense and security tools; authority; ministry of defense},
        doi={10.4108/eai.1-7-2020.2303619}
    }
    
  • Dodik Umar Sidik
    Year: 2021
    The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303619
Dodik Umar Sidik1,*
  • 1: Doctoral Students of Law Science of Jayabaya University, Indonesia
*Contact email: dodik.us.bogor@gmail.com

Abstract

This research aims to describe and analyze the Authority of the Ministry of Defense in exporting and importing Defense and Security Tools based on the Law Number 16 of 2012 about Defense Industry. It needs to be observed since in the Law of Defense Industry it is mentioned that the users of defense industry are Indonesian Armed Force, Indonesian Police, ministries and/or non-ministry government institutions, and parties with the license based on the legal regulations. Regarding the export and import of the Defense and Security Tools, it is perceived that there is a discrepancy between the Law no. 16/2012 on Import Security Tools. The method used in this research is normative juridical using secondary sources of data as the theoretical foundation, then the data is analyzed descriptive qualitative. Based on the research results, it can be concluded that the Ministry of Defense has an attributive authority in exporting and importing Defense and Security Tools based on positive law stated within the constitution, yet its implementation has not been optimal.