Dynamics of Foreign Investment Law in Indonesia

Authors

  • Berton Lumban Tobing Panca Budi Development University
  • Henry Aspan Panca Budi Development University

Keywords:

Foreign Investment, Legal Uncertainty, Legal Harmonization

Abstract

This study examines the dynamics of foreign investment law in Indonesia, focusing on two main issues: legal uncertainty and the challenges of harmonizing regulations with international standards in the era of globalization. Legal uncertainty in Indonesia often arises from unexpected regulatory changes, overlapping regulations between the central and regional governments, and inconsistencies in law enforcement. This creates an environment that is less conducive to foreign investors, reducing Indonesia's attractiveness as an investment destination. In addition, the challenges of legal harmonization involve difficulties in aligning domestic regulations with the provisions of bilateral investment treaties and free trade agreements, as well as the application of international arbitration. Although Indonesia has taken steps to align its domestic laws with global standards, there are still inconsistencies in implementation that affect the investment climate. This study suggests the need for comprehensive legal reform, capacity building of law enforcement institutions, and active involvement in international forums to create a stable and competitive investment climate.

References

Adam, R. (2017). "The Development of Foreign Investment Policy in Indonesia." Journal of International Law, vol. 14, no. 2, pp. 178-194.

BKPM (Investment Coordinating Board). (2020). Annual Investment Report. Jakarta: BKPM.

Faisal, A. (2020). "Post-Asian Economic Crisis Investment Law Reform in Indonesia." Journal of Economics and Public Policy, vol. 15, no. 3, pp. 45-62.

Lubis, F. (2018). "Corruption and Legal Uncertainty in the Investment Climate in Indonesia." Journal of Business Law, vol. 22, no. 4, pp. 212-230.

Setyawan, R. (2018). "Economic Liberalization and Its Impact on Investment Law in Indonesia." Indonesian Journal of Economic Law, vol. 11, no. 1, pp. 55-71.

Susanto, A. (2019). "Globalization and Harmonization of Investment Law in Indonesia." Journal of International Law, vol. 16, no. 1, pp. 90-106.

Law Number 1 of 1967 concerning Foreign Investment.

Law Number 25 of 2007 concerning Investment.

Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.

Law Number 11 of 2020 concerning Job Creation.

Presidential Regulation Number 49 of 2021 concerning Amendments to Presidential Regulation Number 10 of 2021 concerning the Investment Business Sector.

Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing.

New York Convention 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.

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Published

2024-07-10

How to Cite

Berton Lumban Tobing, & Henry Aspan. (2024). Dynamics of Foreign Investment Law in Indonesia. Law Sinergy Conference Proceeding, 1(1), 304–311. Retrieved from https://conference.sinergilp.com/index.php/lsc/article/view/42

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