It appear on the screen, the Government Experts Ir. Alfred Natsir (President Director of Indonesian Ports (PT Pelabuhan Indonesia) IV of public company of Makasar) when giving testimony at the trial continued review of Law 17/2008 on Shipping, Wednesday (22/6) in Plenary Session of Court Building.

Stevedoring company (PBM) can continue to evolve and exist in a mutually beneficial cooperation with the operator terminal. Within this cooperation, the port authority is a jury as a regulator in the local harbor. In addition, post-enactment of the Act No. 17/2008 on Shipping, all business entities including PBM ports can enhance the status of a terminal operator.

This information is conveyed informant (ad informandum), Ir. Alfred Natsir presented by the Government (President Director of PT Pelabuhan Indonesia IV, in Makassar) on the follow-up trial of reviewing the Law No. 17/2008 on Shipping held by the Constitutional Court (MK), Wednesday (22 / 6), at 10:22 pm. Registrar to register the case with No. 74/PUU-VIII/2010. Petitioner attended the hearing and their attorneys, government representatives, and experts / witnesses from the government on trial by the nine constitutional justices with Moh  Mahfud MD as Chairman of the Assembly.

In a statement delivered, the publication of Law 17/2008 to replace Law 21/1992 is an organization of port reform in Indonesia. "Operation of the port which was originally just a port operating shape, with Law No. 17 of 2008, was transformed into an operating port, tool port, and, landlord port," he explained. PT used to an original status as the sole organizer turned into one of the terminal operators only.

Alfred also explains the structure of ports in Indonesia in detail. The practice of organizing an international port in the world is obviously known three forms that have been accommodated. One, operating ports, if all port facilities prepared by the organizers as well as ports and harbors are operated organizers, such as at ports in Singapore and so on. Second, the tool port, ie when the basic facilities of a pool, dock, tennis, and utilities are provided by the organizers of the port, while the equipment and its operation made by others, called terminal operators such as Port Klang in Malaysia, Yokohama, Japan, and the Port of Hamburg in Germany, and others. For the third is the landlord port. Unless the port pool, all set up port facilities, built by the terminal operator and simultaneously operated by the terminal operators, such as the Port of Kobe in Japan, the Port of Hong Kong in China, Felixstowe Port in Britain, and others.

In Indonesia, operating commercial public ports are ports and PT Pelindo as the sole organizer. "But after the enactment of Law No. 17 of 2008, the common form of commercial operation is a landlord port, where port authorities as landlord or the organizer. While the terminal operator is the Port Enterprise Agency (BUP) and PT Pelindo is one of them, "he continued.

PT Pelindo is single operator terminals as well as in seven commercial public ports, while as the executor of stevedoring services by PT Pelindo along with stevedoring companies. "Therefore, in one port, it formed already possible more than one terminal operator. As a logical consequence of these changes, the Company is still able to perform loading and unloading activities at the public terminal, by working with operator terminal concerned, "he explained.

The government also presented a witness, ie, Bay M Hasani from Tanjung Priok Port Authority Office. He said the absence of monopoly, the absence of discrimination, and lack of dominance of the implementation of the activities of loading and unloading, especially at the port of Tanjung Priok due to signs that made implementing regulatory function in the harbor. "The concerns of the parties associated with the contribution of the PBM, it is that is B to B, is Business to Business, which of course it is implemented based on an agreement between the PBM with the terminal manager. Implementation of the loading and unloading of goods by the BOP as well as a logical consequence of the existence of an opportunity, as stipulated in Article 90 paragraph (3) letter g," the witness of this government explained.

In addition, the government also presented expert Ir. A. Sumardi, Letter g of Law, Sumardi said loading and unloading services were difficult to separate from the terminal, because it is the unity of the investment. Therefore, it is precisely, for the betterment of the future united with the rest of this terminal loading and unloading activities until the final delivery of goods owners. Another government expert, namely Hidayat Mao said the Article 90 paragraph (3) letter g of the Act provides an opportunity PBM and BUP to perform activities of loading and unloading services at ports, IPCs better prepared to carry out loading and unloading, and the government also needs to set a reasonable set of opportunities and so on.

Water
Petitioner also presents Tommy Hendra Purwoko. He says the mandate of PT Pelindo did not include loading and unloading goods concession services that are part of the effort associated with the transport service in the waters of the mandate of APBMI. "Your Honor, solutions that look here is declares Article 90 paragraph (3) letter g has no legal force. If the Honor Council of Judges of the Court sees all the services that exist in Article 90 paragraph (3), tucked letter g strangely which are associated with water transport services, transport in the waters. The other is the service port, yes I agree, but the letter g instead. Therefore, if it's still a willing to apply, so please be read, interpreted as the provision and / or facilitation services to expedite the loading and unloading of goods," Tommy explained.

For the next agenda is to read the decision. Moh Mahfud MD told the parties were given until July 4 to present the final conclusions of the whole course of this trial and the petition that will be required.

The case was filed by the Chairman of the DPP APBMI Bambang K. Rahwandi, General Secretary of the DPP APBMI Sitompul Arlen, as well as Head of Law organization and decentralization APBMI M. Fuadi. Andi Muhammad Asrun as its proxys said PT Pelindo (Persero) as the port operator has a monopoly practices by incorporating the business activities of loading and unloading of goods as one business segment that occurred in the port of Cirebon, Cilacap port, and Tanjungpriok port, and Gresik port. Applicant examines Article 90 paragraph (3) letter g of Shipping Law which is considered detrimental to his constitutional rights. (Miftakhul Huda/Yazid.tr)