The Legal Framework of Trade of Services in Air Transportation for Asean Single Market (Asam) 2015 : Indonesia and Asean Point Of View

Abstrack:

On January 1, 2015, is the beginning of era for ASEAN as in that date ASEAN Community has been effective. Indonesia, as well as the other nine member states of ASEAN have to face reality that trade of service effective of that date will be freely flowing from one ASEAN member states to another (ASEAN Secretariat, 2013), including air transportation. It is both a good news and bad news for Indonesia, as not all of air transportation services traded, namely ?hard rights? and ?soft rights?, are well prepared by the Indonesia side, as only few of them has been prepared well by Indonesia compared to other ASEAN member states (Martono, et.al., 2013). This law paper is conducted using normative descriptive method and is aimed to analyze two aspects. Those are: analyzing legal framework for air transportation ?hard right? as well ?soft rights? traded among ASEAN member states and analyzing the legal framework available in Indonesia prior to the official announcement of ASEAN Community in 2015 as well as effective date to start the ASEAN Single Aviation Market (ASAM). The result of this paper will be the broad view of the rate of advancement in air transportation trade of services legal framework in each ASEAN member states. For Indonesia, this paper will be a guide to develop the lagging air transportation legal framework compared with other ASEAN member states and is hoped that can be used as a roadmap for Indonesia to be leveled with other advanced ASEAN member states.

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