Antinomy, verification, and technical training as key factors in the world of trade : the case of ceramics

Abstract

Abuse of authority, in general, is due to the extension of power and authority without being based on the juridical foundation that is the source of such power and authority. A phenomenon of abuse of authority, in relation to a process of verification / technical tracing of ceramic importation activities, has moved from a juridical foundation which is the implementing arrangement of the mandate of Law Number 17 of 2006 on Amendment to Law No. 10/1995 on Customs. Regulation of the Minister of Trade of the Republic of Indonesia Number 72 / M-DAG / PER / 11/2012 concerning Technical Investigation of Ceramic Import contains double norms which gives authority to the Directorate General of Customs and Excise to override legal norms governing the same subject without obligation to Building juridical arguments and alternative solutions. The construction of legal reasoning constructed by the Directorate General of Customs and Excise against decisions taken under the authority of such delegates can not be declared invalid as a decision. However, concrete facts indicate the existence of material losses for ceramic impotation business actors as a result of the synchronization and disharmony of the formulation of legal norms. Thus, the absence of legal protection for importers is particularly vulnerable.