Date of Award
2015
Document Type
Dissertation
Degree Name
Master of Science in Maritime Affairs
Specialization
Maritime Law & Policy
Campus
Malmö, Sweden
Country
Indonesia
First Advisor
Theocharidis, George.
Abstract
This dissertation describes the legal aspect that may involve the strategic plan of a state-owned company that have a core business in port services in Indonesia to deliver port services outside the territory Indonesia. Furthermore, this dissertation have 3 (three) main concern, regarding: the legal aspects that considered by stateowned company; the mechanism of port business operated in the different jurisdictions of law; and the suitable schemes for state-owned company to expand port business overseas. To response above concern, this dissertation used both normative and comparative method to examine the legal aspects of state-owned company in Indonesia to conduct port business overseas. In addition, list of important considerations was identified: the procedure of the bureaucracy within the state-owned company that shall be obey by the state-owned company; the compliance of the host State law and municipal law as well; the mechanism of procurement in Public Private Partnership (PPP) that shall be followed by state-owned company; and the legal entity of state-owned company itself that must be tenable after conduct port business overseas. As a result, a state-owned company tends to deliver port business overseas with concession, cross-border cooperation and acquisition methods. In addition, each method has a different legal requirements and arrangements that creates distinguished features between one method and the other methods. On the other hand, there also exists similar legal requirements that are important to considered by a state-owned company to conduct port business overseas.