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The Principle of Equal Treatment And Non-Discriminatory Country of Origin In The Regulation of Strengthening Competitiveness For MSMEs In The Maritime And Fishery Sector
Nurul Fajri Chikmawati

Faculty of Law, YARSI University


Abstract

This research raises the issue of applying the principle of equal treatment and non-discrimination between countries of origin in various laws and regulations drafted with the aim of increasing business competitiveness in the marine and fisheries sector in Indonesia. Law No. 25 of 2007 concerning Investment is considered to be very in favor of the interests of global trade when compared to efforts to empower and protect micro, small and medium enterprises (MSMEs). The principle of equal treatment and non-discriminatory country of origin is in line with the Most Favored-Nation principle in the World Trade Organization (WTO) regime which, if implemented in Indonesia, is feared to weaken the competitiveness of business actors, especially in the marine and fisheries sector which is dominated by MSMEs-scale business actors. The research method used is doctrinal legal research using secondary data from various primary and secondary legal materials. The results of the research confirms that normatively understanding and applying the principle of equal treatment and non-discrimation between countries of origin must be in the context of prioritizing national interests. Government Regulation No. 27 of 2021 concerning the Implementation of the Marine and Fisheries Sector has an important role in supporting the strengthening of competitiveness for MSME-scale business in the marine and fisheries sector.

Keywords: investment, non-discrimination, fisheries.

Topic: Law on Investment

Plain Format | Corresponding Author (Nurul Fajri Chikmawati)

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