The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools

Abstract

This research aims to describe and analyze the Authority of the Ministry of Defense in exporting and importing Defense and Security Tools based on the Law Number 16 of 2012 about Defense Industry. It needs to be observed since in the Law of Defense Industry it is mentioned that the users of defense industry are Indonesian Armed Force, Indonesian Police, ministries and/or non-ministry government institutions, and parties with the license based on the legal regulations. Regarding the export and import of the Defense and Security Tools, it is perceived that there is a discrepancy between the Law no. 16/2012 on Import Security Tools. The method used in this research is normative juridical using secondary sources of data as the theoretical foundation, then the data is analyzed descriptive qualitative. Based on the research results, it can be concluded that the Ministry of Defense has an attributive authority in exporting and importing Defense and Security Tools based on positive law stated within the constitution, yet its implementation has not been optimal.