scholarly journals Government Regulations toward Investment Law in Indonesia

2019 ◽  
Vol 8 (9) ◽  
pp. e30891295
Author(s):  
Nurianto RS ◽  
Ahmad Fata’al Chuzaibi
Keyword(s):  
Foreign Investment ◽  
Market Competition ◽  
Legal Protection ◽  
Global Market ◽  
Public Welfare ◽  
Government Regulations ◽  
Government Action ◽  
Normative Approach ◽  
Form Of Government ◽  
Investment Law

Economic sector is one of public welfare benchmarks as outlined in the opening of the 4th paragraph of the 1945 Constitution, namely the welfare of the nation's life. In the current economic development, it has triggered the importance of investment for Indonesia to be able to compete in the realm of global market competition. But the dependence on foreign investment will be a boomerang for Indonesia. Thus, this study is aimed to find out the investment law regulate by Government in Indonesia. Afterward, normative approach relating to foreign investment in Indonesia will be described as method in this study. Based on the study, it was concluded that with the existence of Law Number 25/2007 concerning investment and various implementing regulations, it was one form of government action concerned with the development of the investment sector. Therefore, the regulation can provide legal protection for both Indonesian citizens and foreign investors.

scholarly journals KEDUDUKAN HUKUM PERUSAHAAN BENTUK USAHA TETAP (PERMANENT ESTABLISHMENT) DALAM DIMENSI HUKUM PENANAMAN MODAL DI INDONESIA

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Putu Ratih Prabandari
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Permanent Establishment ◽  
Legal Position ◽  
Investment Law ◽  
Rights And Interests ◽  
The Government

Companies with a permanent establishment is a form of a business carried on in Indonesia, carried out either by an individual or entity whose establishment was not done in Indonesia. The company with a permanent establishment differences with the concept of establishment permitted by the Investment Act. Starting from the concept, which raised the question of how the legal position of the company with a permanent establishment in the perspective of the Investment Law. The general objective of this study is an attempt to develop jurisprudence in relation to the company's legal position with a permanent establishment under the Investment Law. This normative research method, to examine the books and legal materials related to the issue under study. Companies with a permanent establishment in Indonesia is foreign investment, it is appropriate for the government is required to provide legal protection to the investors, including protecting the rights and interests of investors in investing in Indonesia. In order for them to get their rights in accordance with the laws mandated, so the investment law are expected to protect the interests of the parties who invest either directly or indirectly involved in Indonesia. Guarantee legal certainty to investors, so the investment is economically capable of generating profits for investors.

scholarly journals Perlindungan Investor Asing Dalam Kegiatan Penanaman Modal Asing Dan Implikasinya Terhadap Negara

2018 ◽  
Vol 2 (2) ◽  
pp. 127
Author(s):  
Agung Sujati Winata
Keyword(s):  
Foreign Investment ◽  
Legal Protection ◽  
Descriptive Study ◽  
The State ◽  
Foreign Investors ◽  
Investment Law

Legal protection provided by the state to investors is one of the considerations for foreign investors before investing in a country. This study aims to find out and analyze the legal protection of foreign investment in Indonesian law and implications itself. This research is a descriptive study, which analyzes and describes systematically, factually, and accurately the provisions relating to legal protection against foreign investment in Indonesia. Based on the results of the study, it is known that legal protection against foreign investment in Indonesian law is regulated in the Investment Law. This law has provided adequate protection for foreign investors for a variety of risks including non-commercial risks in foreign investment in Indonesia. Providing the widest opportunity for foreign investors to invest their capital in Indonesia has encouraged many foreign investors to invest in Indonesia.Keywords: Investor, Investment, Legal Protection.

scholarly journals The Justification of Privilege in International Investment Law: Preferential Treatment of Foreign Investors as a Problem of Legitimacy

2020 ◽  
Vol 31 (1) ◽  
pp. 289-312
Author(s):  
Ivar Alvik
Keyword(s):  
Foreign Investment ◽  
Legal Protection ◽  
International Investment ◽  
Special Treatment ◽  
Minimum Standard ◽  
Foreign Investors ◽  
International Investment Law ◽  
Select Group ◽  
Municipal Law ◽  
Investment Law

Abstract A fundamental feature of international investment law is that it only applies to foreign investment. This has historical reasons and is connected to deep-rooted principles of international law. It has also been a historical cause of controversy because it requires states to treat foreign investors better than they treat their own nationals. This article shows how the international minimum standard for treatment of foreigners nevertheless developed in a dialogue with such a concern for equality. The article argues that the way in which international investment law has developed in recent years into an effective remedial mechanism that can be invoked by individual foreign investors against host states ignores this historical lesson and now poses a particular challenge to its legitimacy. It privileges foreign investors as a select group worthy of more effective legal protection than ordinarily provided under municipal law, challenging the ideal of equality before the law as a basic constitutional value. The article discusses possible justifications of such privilege, arguing that only a more traditional international minimum standard rationale provides a convincing justification of special treatment of foreign investment. This has important implications for the reform of the current investment regime, suggesting that it should be redesigned to adopt a more supplementary role and deferential attitude to domestic law and courts – for example, through a requirement to exhaust local remedies.

China's International Investment Strategy

2019 ◽  
Keyword(s):  
Development Strategy ◽  
Foreign Investment ◽  
Developed Countries ◽  
Investment Strategy ◽  
International Investment ◽  
Bilateral Investment Treaties ◽  
Open Door Policy ◽  
Outward Fdi ◽  
Investment Law ◽  
Investment Treaties

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

Yugoslav Foreign Investment Law- a New Attitude?

1990 ◽  
Vol 16 (1) ◽  
pp. 3-15
Author(s):  
H. Pivka ◽  
M.E. Coronna
Keyword(s):  
Foreign Investment ◽  
Investment Law

scholarly journals The Strategy of Trade In The Halal Food Industry In Jember

2021 ◽  
Vol 10 (1) ◽  
pp. 35
Author(s):  
Misbahul Munir ◽  
Muhammad Masyhuri
Keyword(s):  
Food Industry ◽  
Market Competition ◽  
Global Market ◽  
Business Partner ◽  
Business Partners ◽  
Halal Food ◽  
Muslim Majority ◽  
Product Industry

The halal product industry continues to grow and has a big influence on the global market. In fact, Indonesia is determined to make the country's halal product industry more competitive in the world halal market. To anticipate this global market competition, Indonesia as a Muslim majority country must be able to take the advantage of this enormous opportunity. The role of the network in developing halal products to the global market was when marketing its products. PT. Mitratani could not be separated from relationships with business partners. Each business partner had a role to play. Also, PT. Mitratani could not separate the use of information technology and media as a means to expand marketing to the global market. To create an edge in competition, PT. Mitratani focused on customer and consumer needs. The most important thing was to build trust in business partners. PT. Mitratani's advantage was in the cultivation of edamame. It was from planting to the use of pesticides and fertilizers, until PT Mitratani farmers did their own crops and carried out quality control on each land. This was done to maintain the quality of edamame. PT. Mitratani also improved the quality of its products by implementing HACCP, SOP and GMP in processing and production. In addition to maintaining the quality of PT, Mitratani had established good relationships with company stakeholders so that loyalty and trusted in the product and the company could continue.

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