Authority of State Land Management and Port Business, Problems and Consequences

DOI

10.2991/assehr.k.220204.045How to use a DOI?

Keywords

Port of Belawan; Management of State Land and Business in Port; Port Authority; PT. Pelindo (Persero)

Abstract

The Shipping Law Number 17 of 2008 has outwardly returned the authority to manage state land and business activities at the Port to a government agency which is currently called the Port Authority (PA) under the Ministry of Transportation replacing the State-Owned Enterprise (SOEs) PT. Pelindo (Persero) which before the enactment of the Shipping Law Number 17 of 2008 acted as an operator and regulator at the port, but after the birth of the Shipping Law it acted only as an operator while the function of the regulator was the authority of PA. Currently there has been no implementation of the transfer of Management Rights over state land at Belawan Port from PT. Pelindo I (Persero) to the state through the National Land Agency, and the Belawan Port Authority has also not submitted an application for Management Rights over state land in the Port of Belawan to the National Land Agency. This is due to the existence of multiple interpretations of the articles in the Shipping Law relating to the management of state land and business on state land at the port. With the existence of a letter from the minister of transportation which is used as an implementing rule for the articles that regulate state land management activities and businesses in ports. Of course this is not in accordance with the hierarchy of legislation. Port Authority, is a government institution at the port as an authority that carries out the function of regulating, controlling and supervising port activities that are commercially managed and also acts as a government representative to provide concessions or other forms to Port Business Entities to carry out business activities at ports as outlined in the agreement. in accordance with the rules in the Shipping Law Number 17 of 2008 Articles 90-92. This problem causes legal uncertainty, thus affecting matters relating to time in handling problems in the field and optimizing facilities, businesses and investments in ports. The management of state land and businesses on state land in ports should have clear and firm rules and the management of state land and businesses on state land in ports should be under the authority of government agencies as public institutions.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Muhammad Fauzie
AU  - Sunarmi
AU  - Muhammad Yamin
AU  - Maria
PY  - 2022
DA  - 2022/02/15
TI  - Authority of State Land Management and Port Business, Problems and Consequences
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 301
EP  - 304
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.045
DO  - 10.2991/assehr.k.220204.045
ID  - Fauzie2022
ER  -