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VOL. 6, ISSUE 6 (2020)
Legal number inconsistency in Indonesia on radio frequency spectrum
Authors
Ibnu Mas’ud, Yalid, Busrianto, Diki Zukriadi, Arif Rahman Hakim
Abstract
The Telecommunication Law and Broadcasting Law which contain dualism of regulations governing the use of radio frequency spectrum in Indonesia, which have a strategic role in the operation of telecommunications and broadcasting operations, and have very high economic value in the public domain. The formulation of research problems: First, how to regulate and use the radio frequency spectrum according to the Telecommunications Law and the Broadcasting Law. Second, what is the inconsistency of legal norms in radio frequency spectrum regulations according to the Telecommunications Law and the Broadcasting Law. This research type is normative legal research, data analysis is done qualitatively. This study concludes that the regulation on the use of SFR in the telecommunications and broadcasting industry has touched on the scope of the two sectors. The legal norms governing the use of SFR in terms of licensing are inconsistent. The inconsistency of legal norms in the implementation of radio frequency spectrum use according to the Telecommunications Law and the Broadcasting Law is very clear. First, in Law no. 36 of 1999 and PP. 52 of 2005, does not prohibit and / or restrict foreign nationals in the provision of telecommunications, whereas Law no. 32 of 2002 and PP. 50 of 2005, is very clear and firm in explaining the restrictions on foreign citizens in terms of organizing private broadcasting institutions. Second, the difference in fundamental legal norms in the two legal products in translating the higher legal norms regarding SFR as limited natural resources, the norms of Article 33 paragraph (3) of the 1945 Constitution with the norms contained in Article 33 paragraph (4) of Law No. .36 of 1999 has not been consistent, while the norms of Article 33 paragraph (4) letter d of Law no. 32 of 2002 is in sync (consistent).
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Pages:145-151
How to cite this article:
Ibnu Mas’ud, Yalid, Busrianto, Diki Zukriadi, Arif Rahman Hakim "Legal number inconsistency in Indonesia on radio frequency spectrum". International Journal of Law, Vol 6, Issue 6, 2020, Pages 145-151
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