KPPU And DPR Remind That Certain Lobster Export Rules Are Not Profitable

Illustration. (Photo: Pixabay)

JAKARTA - The Business Competition Supervisory Commission (KPPU) and the Indonesian House of Representatives (DPR RI) reminded the Ministry of Marine Affairs and Fisheries (KKP) about the importance of transparency and anti-discrimination treatment in making rules. The two state institutions collectively requested that the Minister of Marine Affairs and Fisheries Regulation Number 12 of 2020 (Permen KP 12/2020) which regulates the management of lobsters, crabs and ranjungan can refer to this principle.

This responds to the attitude of the Ombudsman and a number of parties who think that the practice of implementing the Ministerial Regulation that was signed by KKP Minister Edhy Prabowo has the potential to cause unfair competition.

"This means that if a company can meet the requirements, the company must obtain (permit). How is the method of determining which business actors can export? That method must be transparent. That means, transparency can be achieved by companies in general, the specifications or regulations are not made to one or two business actors, "said KPPU Commissioner Chandra Setiawan in a statement quoted on Thursday, June 11.

KPPU emphasized that a regulation issued cannot be discriminatory. Regarding the issue of export regulations, companies or business actors, Chandra reminded, should be given equal opportunities and not prioritize or only benefit certain companies.

This commission also recommends that if there are business actors who feel that they have been disadvantaged by a government regulation, to complain about it. KPPU ensures the confidentiality and protection of the complainant.

The commission cannot interfere with the regulations made by the government, as long as the regulations produced are proven to be fair. However, what is certain to be implemented is that all regulations governing certain matters, such as export and import, must be fulfilled by companies in general, not made to tackle certain companies or intentionally benefit one or two companies.

Equal Rights

Likewise, DPR Commission IV member Firman Subagyo said that the rules issued by the government regarding export and import must ensure that they do not contain monopolistic elements, or only benefit a certain party or company.

"The government should not legitimize monopoly. There must be a sense of justice, there must be equal rights for business actors who are capable of exporting. If monopoly causes problems," he said.

He also warned that all kinds of fraud, either monopoly or collusion between affiliated companies to control the export market for lobsters and lobster seeds or any other fishery product, can be carefully scrutinized by the government.

According to Firman, as long as the lobster export is carried out from cultivation, this should be supported, given its considerable economic value. However, if the export is carried out based on the results of the response at sea, it must be prohibited, because it threatens the sustainability of lobsters and their seeds.

Previously, Ombudsman Commissioner Alamsyah Saragih assessed that the implementation of the Ministry of Maritime Affairs and Fisheries Regulation No. 12/2020 has a high risk in terms of administrative accountability. Moreover, he said, there is a potential for fraud in these exports. The Ombudsman also questioned Minister Edhy Prabowo's commitment to this transparency.

The Ombudsman also suggested that the Ministerial Regulation be reviewed more deeply. The Ministry of KKP, he stressed, should not only calculate profit and loss.

"That's not the way to manage the country," he said.

In the implementation of this Permen, reports have emerged that there is an obligation to export through certain companies that are suspected of being affiliated, with non-standard shipping rates for lobster fry. Also, it is suspected that there are certain parties who benefit from this export, by implementing all delivery destinations via Singapore.

There is also a calculation for the shipment of fries, which is not calculated based on the standard of shipment, but is determined at IDR 2,300 per fry, and then it is reduced to IDR 1,800. There is also an obligation from the designated fishing land. Against all these rumors, the Ombudsman emphasized, integrity must be applied.

On the other hand, the Director General of Aquaculture at the Ministry of Marine Affairs and Fisheries, Slamet Soebjakto, confirmed that his party will continue to encourage cultivation businesses with the issuance of Permen KP 12/2020. Especially encouraging the increase in lobster cultivation in the regions.

Regarding exports, Slamet said, KKP continues to monitor and evaluate exporting companies that have obtained permits to export.

"Exporters must also meet the permitted quota for export and must not exceed the amount cultivated," he said.