The Perspective of Liberalization of Services in the Law Number 10 Year 2009 Regarding Tourism
IGN Parikesit
Widiatedja
Lecturer of Faculty of Law Udayana University
ngurahparikesit@gmail.com
ABSTRAKSI
Pemerintah Indonesia Indonesia Indonesia
Kata Kunci: Perspektif Liberalisasi Jasa, Undang-Undang Kepariwisataan
I. INTRODUCTION
In
the third milenium, a challenge ahead is obviously convoluted which is being
discerned by liberalization in many fields. It had been epitomized through
comprehensive negotiations of trade in Uruguay Round when 123 nations agreed to
establish the World Trade Organization (WTO) in Marakesh, Marocco. That crucial moment could be a stepping stone
of proliferation in liberalization because of their substantial coverages
encompassing investment, intelectual
property rights and services were an integral part of tradable activities.
Despite
being debatable, all participants commited to establish a multilateral
framework of principles and rules for trade in services that were well-approved
as General Agreement on Trade in Services (GATS). They had hoped if GATS with entered
into force in january 1995, could remove any restrictions and internal
governmental regulations in the area of services whose impact eventually emerged trade harrasment. It
was also closely related with the potential contribution of services for the world economy
which are going to be the largest and fastest growing sector. In 1999, the
value of cross-border trade in services amounted to US$ 1350 billion, or about
20% of total trade. This understates the true size of international trade in
services much of which takes place through establishment in the export market,
and was not recorded in balance of payments statistics. Since the past two
decades, trade in services has been growing faster than merchandise trade[1].
As
a sector that has been legally binded in GATS, tourism is moving to be one of the most dynamic sector
of economic activity, generating a wide range of benefits including foreign
exchange earning and a growing contribution to the GDP which in some cases
reaches over 10%. Tourism has been a popular global leisure activity. In 2007,
there were over 903 million international tourists arrival, with a growth of
6.6% as compared to 2006. International tourist receipts USD 856 billion in 2007[2].
Based
on that figures, it is not coincidence if all countries attempt to lure many tourists
as much as possible that were openly liberalized as impact of GATS. Myriad special programs of
tourism with followed by creative and innovative promotions have been undertaken.
They believe if tourism that is viewed as the colaboration of amusement,
entertainment, enjoyment and education, will be a robust sector and can be
immune from the symptom of economic slowdown currently.
According
to its potential tourism resources, Indonesia is widely recognized as
the world’s largest archipelago. It has more than 17,000 islands, 300 different
ethnic groups and 250 distinct languages. For tourism, it brings competitive
value that can provide the diversity of its products. Moreover, as an
indispensable part of growing Indonesia ’s
economy which is being reconstructed after massively crisis in 1998, tourism
has been becoming a solution of our twin towers problems in reducing unemployment and alleviating
poverty. In 2008, tourism sector contributed about 70 trillion rupiah and received
6.45 million foreign visitors with each spending up to 1,178 dollars per day.
Desiring
to build capacity and mobilize all resources of tourism all at once compete
globally, Indonesia
has promulgated the law number 10 year 2009 regarding tourism. As reffered to
its consideration, the development of tourism shall be aimed to encourage
equally opportunity of doing business, gains substantial benefit and faces
again challenge of immense change both
locally and nationally as well as globally. The content of this law
encompassing the right and obligation of tourism practitioners, the development
of tourism in comprehensively and sustainably, the coordination of across
sector, the establishment of strategic area, the empowerment of small-medium
enterprises, the establishment of tourism promotional board, the establisment
of asociation of tourism, the standarization and competency of tourism employee
and the empowerment of human resources.
This
discourse attempts to identify meticulously
which content of its law can be clustered as government’s perspective in
responsing liberalization of services. Author think over that it is worthwhile
to analyze and asses the readiness of
tourism stakeholders to compete either directly or indirectly with foreign
services provider, that have been rampant in Indonesia after the enactment of
GATS. Desiring to engender a positive outlook of our future, Author expects to
convey clearly information for socializing and disseminating the newest law of tourism in a view with liberalization
of services.
II. SOME HIGHLIGHTS IN RELATED WITH LIBERALIZATION Of SERVICES
1. The stressing point of preservation of nature, culture and human
environment
Refering
to the consideration of the law of tourism, our natural wealth which are
granted and entrusted by God as well as cultural heritages, have becomed huge capital
and resources for the development of
tourism to be just and prosperous of Indonesia ’s community. Hence, as an integral part of our national
development, tourism is designed sistemically, well-planned, integrately,
sustainably and responsibly as a means of protecting our religious value,
cultural heritages and the conservation
of human environtment.
All
those concepts have been elaborated in several articles in law of tourism.
Article 4 point e and f, have decided if tourism has a main goal to preserve
our natural wealth, human environment and
cultural heritages. As reffered to article 5 point d, The implementation
of tourism principle must not neglect with
the preservation of nature and human environment. In article 6, The Development
of tourism must be undertaken based on article 2 through realizing the action
plan of the development of tourism concerning natural and cultural diversity,
uniqueness and characteristic as well as and the fulfillment of human need in
tourism activity
As
a concrete measure, government which is clearly mentioned in article 12(1), has
finally decided a strategic area of tourism which becomes particular area with
the high level of potential development and has significantly influenced of
tourism activity that underlied by several aspects comprising tourism and natural
resources, potential market, strategic position, protection of certain location
which has a role for maintaining tourism function and its carrying capacity,
strategic area which has a role for protecting cultural assets, the support and
readiness of people and the relevant characteristic of its location.
The
stressing point of preservation of natural wealth, cultural heritages as well
as human environment can also be reflected from article 23 (1) which is
strictly obliged all governments both central and regional levels to maintain, improve and preserve our national
assets that becomes national attraction of tourism which have not been explored
yet. In financial aspect as reffered to article 57 untill 59 that becomes collective responsibility of tourism
stakeholders, government is also obliged to alocate at least half of their
income from tourism activities for the preservation of natural and cultural
needs.
No
one can deny if our natural wealth, cultural heritages and human environment
are three inseparable capital that can be regarded as our comparative advantage
for competing in liberalization era. The sucessfully implemented of tourism
managerial will depend on our harmonious and balance principle while gaining
benefit from their components. Due to its priceless and irreversible value,
they must be exploited, preserved and passed on with three main pilars
comprising economically viable, lawfully creditable and environmentally
sustainable.
The
political will of government through its law of tourism to stress our natural wealth, cultural
heritages and human environment all at once in financial obligation to manage
them has been commendable. It must become a starting point to optimally enhance
our comparative advantage. As a reality of contemporer and need to be promptly
responded, liberalization of services requires the high level of management with
fully covered by broader paradigm and concept, transparency administration,
financial accountability, and effective supervision in tourism as well as supported by actively participated of all
tourism stakeholders including people and tourism practitioners. Because of its
law, government has formed the main priority of our tourism concept and it
should be easier and well accepted for other relevant stakeholders to uphold it
because they know what should be developed and placed as a primarly priority of
doing activities in tourism.
Nonetheless,
we must be aware and alert with the detrimental effects which easily arise from
unbridled and uncontrolled of developing tourism. The exploitation of those
components will be occurred if it is treated without any respect and responsibility
and only become commercial comodities to
pursue short-term progress. It can not only be assumed that the more tourists
here, the bigger income will be. That is the main challenge to all stakeholders
how to see clearly if all those components must be administered to maximize the
benefit while minimizing the negative one as well as consider with our future
generation needs.
2. The Recognition of Tourism activity as a
human right.
Refering the consideration of law of
tourism, the freedom to undertake travel and leisure activity is strictly recognized
as a human right. Article 5 point b has expressly stated that the management of
tourism based on a human right recognition, cultural diversity and local wisdom
with followed by article 19 (1) point a that mentioned if every people has a
right to fullfil their needs in tourism activity.
This
effort must be applauded as it denotes the government commitment to recognize and ensure social and
economic rights as well as civil and political rights.[3] Afterwards,
it will reinvigorate tourism sectors which has ever got ordeal such as catastrophic
disaster, horrible terorism and terrible disease. Eventually, Indonesia’s tourism
can be exist even thrive in facing fierce competition as impact of
liberalization of services without neglecting with its goal to reduce
unemployment, alleviate poverty and rectify imbalances in our national
development.
However,
this concept does leave ample room for interpretation whose its term and meaning has not really been
comprehended well by tourism practitioners. Notwithstanding of its article, how
do we uphold it concept while the awareness, perception and recognition in
other sectors which have been promoted since the last decade, have been
relatively low. Furthermore, government who ought be a role model, has been unable
to enforce human rights abuses which was committed in the past.
3. The actualization of non-dicrimination
Principle
Desiring to facilitate the
increasing participation of all stakeholders, they have an equal right of doing tourism activities. Government is
also formally obliged to provide condusive climate for business activities such
as equal oppurtunities and law certainty. It can be found in article 23 point b.
Meanwhile article 26 point c also oblige that every business practitioners of
tourism must provide services in line
with non-dicrimination principle.
Non-discrimination principle must be
accorded immediately and unconditionally that should become a paramount
prerequisite in every movement of liberalization in all countries entire the
world. The enforcement of its principle will eliminate differencial treatments
in order to protect certain products both production and distribution as well
as consumption levels from person or legal entities who have intimate
relationship with the decision maker which tend to be deceptive and fraud. Unfair
trade and monopoly as impact of their activities are the major argument why all
those thing is very taboo to be undertaken currently.
4. The increasing quality of human
resources.
Pursuant to Article 11, government
in together with concerned institution must conduct sustainably research and
improvement for tourism in order to
support the development of tourism. Afterwards, article 26 point h emphazis
that every business practitioners of tourism are obliged to strengthen the quality
of their employee through education and training skills. Meanwhile, government as
reffered to article 28 point g, has authority to the improvement of human
resources through its policy in tourism. Meanwhile, the sertification and
standarization of employee in tourism can also be categorized as a government
measure to increase our quality of human resources. As referred to article 53,
all employees who involve in business activities of tourism must have the
standart of competency through sertification of competency which has been
conducted by the institution of profesional sertification.
Government admitted that one of the
main obstacle was the low quality of human resources. As reffered to the law
number 17 year 2007 regarding The National Plan of Long-Term Development
(RPJP), our human development index still 0,697 and placed in 110 out of 177
countries with the purchasing power
parity only reach US$3.361. It triggered a low performance of development as
human resources even created the inundation of unemployment here which fully
covered by low-level of skills, poor-concept of management and pragmatism of
mindset.
Desiring to embattle all those
challenges, the implementation of government measures for increasing human
resources of tourism shall ensure to produce well-qualified both knowledge and
skills and mold their character as a part of human empowerment who are able to partake and compete mainly with
foreign services provider. All those strategies can be conducted either through
formal and informal education. The excellent curricula which becomes a general
guidance in a view with the management of human resources, ought to be a starting
point to attain our goal as a means of building
our domestic services capacity and its competitiveness as well as eficiency in
the liberalization of services era.
5. The empowerment of small-medium
enterprises
Article 17 clearly mentioned that
government in any levels are obliged to improve and protect small medium enterprises
in tourism through a policy in order to reserve business activity of tourism for small-medium enterprises and cooperation.
Beside that, they are also obliged to facilitate joint partnership beetwen
small medium enterprises and cooperation
with the giant of tourism business on a mutually advantageous basis.
The number of small medium enterprises
is high in all sectors. Recent data from
Indonesia ’s statistics
bureau showed that in 2006 they accounted
for 99,98 % of all enterprises and absorbed over 61 milion job or slightly over
60% of total empoyment of Indonesia.(Indonesia ’s Statistics Bureau,2009)
That’s why they have cardinal role in the development of the local economy
especially in reducing poverty by creating job opportunities. Sketchily,
empowering them means empowering the public economy, potentially propelling
sustainable growth.
In
the perspective of the liberalization of services, its reality will invite
foreign service provider in Indonesia
which can be categorized as high-scale of business with their sophisticated
technology and infrastructures, unlimited fund, well-prepared skills and
well-organized teamwork. It will not be
fair if they can compete unconditionally with small medium enterprises and
cooperation as the biggest portion of our economic posture. In terms of welfare
state, It is reasonable and undeniable if Government must protect them to keep
their existency growing. The development of small-medium sector eventually will
be a pathway to progress of a sustainable economy and also a sense of national
pride.
Hence,
government measures shall be aimed at assisting and facilitating small-medium
enterprises and cooperation in overcoming their
major constraints to grow up
emanated from the low level of technology,
shoddy skills of management, traditional concept of marketing, cumbersome
licensing, limited funding, difficulty
of acessing credit and high pollution of
environmental performance.
6. The involvement of all stakeholders
Article 9 (4) has clearly mentioned
that government must involve and facilitate actively participated of all
stakeholders while formulating an action plan of tourism. Likewise in the
financial aspects as reffered to article 57 which is also mentioned as
collective responsible.
Based on its law, Government is cognizant that the development of tourism must
involve broader participation of all stakeholders
in which their policies are being executed. As a part of good governance
principle, this measures also crystallise their aspirations to be strong and
cohesive movement of managing tourism. It will be a positive and constructive balancing power to
see more independently and clearly how to navigate tourism activities based on
sustainable development principle. A lot of information can be absorbed from
them like what are the benefits? what are the obstacles? what are they going to
do? And what do they expect in the future? In the other word, the involvement
of all stakeholders will engender aptly policy all at once create a huge
opportunity to boost the carrying capacity of tourism.
7. The establishment of tourism promotional
board
As reffered to article 36, it is
clearly mentioned that government is obliged to facilitate the establishment of
tourism promotional board which is
located on the capital of Indonesia .
This board is private institution which has independent position. Afterwards,
article 41 has elaborated the task of tourism promotional board encompassing
a. to increase
Indonesia ’s
tourism image,
b. to increase the number of foreign tourist arrival and foreign exchange income,
c. to incrase
the number of domestic
tourist arrival
and its educational process,
d. to collect
fund apart from national and regional budgeting in lawfully,
e. to conduct
research to the improvement of the business of tourism.
Meanwhile, its function encompassing
a. as the coordination board in the tourism promotional
that have been undertaken by tourism practitioners
b.
as a working partner of government both central and
regional levels.
In
the liberalization of services, promotion of tourism is one the most valuable
and meaningful strategy for moving forward. At least, it has major functions
encompassing:
1. building and restoring
our image. For tourism, image is more important than tangible resources, all
because perceptions rather than reality are what motivate consumers to act or
not act (Gallarza in Pitana,2005:65).
2. focusing to campaign our nature wealth, cultural heritages and human environmen which
have been generally assumed as our competitive advantage and introducing special
policies and programs which have been made by government and business
practitioners.
3. notifying
all measures both preventive and represive of government to reassure international
community that they have been serious in managing detrimental effects of
tourism both economy, social and culture.
III. CONCLUSION
The perspective of liberalization of
services in the law number 10 year 2009 can be divided into three kinds of
perspective comprising short-term perspective, mid-term perspective and
long-term perspective. There are four measures whose it results can be assesed
effective or not, no longer than five years including the increasing quality of
human resources, the empowerment of small-medium enterprises, the involvement
of stakeholders and the establishment of tourism promotional board. All those
measures must be implemented promptly and consistently to build our tourism
capacity and mobilize its resources as a means of growing our competitiveness
and eficiency.
The recognition of tourism
activities as a human right and the actualization of non-discrimination
principle are the next measures which can be categorized as mid term
perspective. These measures will become a golden bridge to build, promote and
maintain our competitive advantage in tourism which is well-endowed by natural
wealth, cultural heritages and human environment. Hence, the stressing point of
preservation of their capitals can be categorized as long-term perspective in a
view with liberalization of services.
Nevertheless, all measures have not
finished yet because a great concept need a great implementation. Tourism must be viewed holistically and
integrally and government both central and regional levels must further formulate
technical details to elaborate all of their
measures. Other stakeholders including tourism business practitioners
and people must take an equal responsibility. They must be aware and care if
their viable participation can assist government in navigating our tourism
sector amid the liberalization of services era.
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10 Year 2009 Regarding Tourism
- Law Number
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