The free market of Southeast Asia is in sight to be present in Indonesia. The Government seeks to increase investment in the country. Related to this, the Presidential Decree 36 of 2010 which regulates the Negative Investment List (DNI) updated to Presidential Decree No. 39 2014.
Advocate who is a partner in the law firm Assegaf Hamzah & Partners, Ahmad Fikri Asssegaf, noting the latest regulations regarding the DNI set fields less effort than previous regulations. Fikri count, DNI 2014 just set up 231 sub-group business areas. Meanwhile, in 2010 there were 294 DNI sub-group business field is set.
"But that does not mean there are groups of business sectors excluded from the DNI. Smaller amounts only because the simplification and merger of business fields alone, "said Fikri in 2014 hukumonline seminar entitled" Investment Negative List DNI Post-enactment of Presidential Decree 2014 "in Jakarta, Tuesday (17/6).
Furthermore, Fikri DNI arrangements criticized in the document signed by President Susilo Bambang Yudhoyono on April 23 last. Therefore, there are several businesses that were previously open are now declared closed to foreign direct investment (FDI).
He mentions, among others, 1-10 MW power plant, drilling services as well as supporting the oil and gas and retail mail order or the Internet (e-commerce).
Fikri assess closure of the field of e-commerce for FDI is proof that the government is not pro to small businesses and entrepreneurs. Because, according to him, e-commerce opens up many opportunities for new players in the business world.
Through the mechanism of on-line sales, Fikri see budding entrepreneurs do not need to be dependent on the super markets and retail outlets. Fikri said, considering the distribution chain could be terminated because entrepreneurs can be directly related to the consumer.
"The main problem is, there is a funding gap for these budding entrepreneurs. If the e-commerce sector are not closed his chances in the DNI, foreign investors could fill it. They can help develop our online entrepreneurs become more successful, "he said.
He also gave examples of successful entrepreneurs through e-commerce mechanisms which assisted funding by the investor. According to Fikri, Facebook, Google, Twitter, and Amazon is a successful example of it.
Therefore, Fikri said the government needs to reconsider the ban on FDI in the field of e-commerce. This is related to the purpose of setting each line of business to be in line with the big picture of government economic policy.
"I see this to be reconsidered by the government. If the retail trade is not completely closed why e-commerce no exceptions? There seems to be a problem in the cost and benefit analysis to this case, "he said.
Farah Ratnadewi Indriani, Deputy Development planting Climate Capital Investment Coordinating Board (BKPM), admits that the cost and benefit analysis in rulemaking DNI is still not optimal.
He hopes in the future, all parties who took interest will look at the areas of business that are closed or restricted from the primary sector, secondary, and tertiary. Thus, DNI created will be more accountable.
On the other hand, Farah denied that the closure of e-commerce for the PMA as proof the government is not pro against small entrepreneurs and startups. He explained that, in fact the decision was made to protect local businesses from foreign hegemony. Thus, the on-line based entrepreneurs in the country could have a higher competitiveness.
"I think what is presented Mr. Fikri it is a different perspective. We need to study whether true if opened to FDI can encourage the growth of national entrepreneurs, "he told hukumonline.
However, Farah said it was shut down. If later obtained data to support, could have provisions concerning the DNI of the e-commerce will change. He added that the DNI regulations will be evaluated every two years. In the evaluation, said Farah, will be determined whether to open or remain closed.