Karya Ilmiah

TESIS (1335) - Pasal 32 Ayat (4) UU No.25 Tahun 2007 Tentang Penanaman Modal Sebagai Dasar Kewenangan Arbitrase Internasional Dalam Memeriksa Sengketa Penanaman Modal Asing

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The existence of foreign investment has significance roles and contribution over
the economic growth of the developing countries. Issues relating to foreign investment in
the latter half of the 20th century have been the attention of countries in the world and
have spawned the multilateral and bilateral agreements on foreign investment as part of
international laws. The developments of International laws in the field of foreign
investment law provides reasonable protection for investors and guarantee the
sovereignty of the host country over its natural resources, as well as on environmental
protection for sustainable development. To attract foreign investors, developing countries
trying to adjust their investment regulations to conform with the provisions of
international law in the field of foreign investment.
In an effort to increase foreign investment, Indonesian government has enacted
the Law No. 25/2007. This law regulates both foreign investment and domestic investment
activity. Especially for foreign investment, Indonesian government provides guarantees:
(1) equal treatment to all foreign investors; (2) there will be no act of nationalization;
and (3) the right to transfer assets and repatriation.
In connection with disputes that may arise in relation to foreign investment,
Article 32 paragraph (4) provides that the parties have agreed to settle the dispute
through international arbitration forum. The selection of international arbitration as a
dispute settlement forum due to the characters of foreign investment law relationship
which is a contractual dispute involving the existence of foreign elements; therefore,
there is international character on the dispute.
This provision is a form of legal protection for foreign investors to submit
disputes to international arbitration forum that is more neutral and reliable to give a fair
decision. More over, the provision also provides legal certainty that the arbitration
award can be exercised in any country through the facilities of multilateral treaties or
bilateral treaties concerning the recognition and enforcement of international arbitration
awards.
Article 32 paragraph (4) has several legal effects as follows:
a. International arbitration as the primary forum for dispute resolution (default forum)
for foreign investment disputes;
b. The nature of the norms of Article 32 paragraph (4) of Law No.25 of 2007 is
imperative;
c. The existence of the arbitration agreement in a foreign investment agreement must be
agreed upon, if not agreed then the provisions of Article 32 paragraph (4) of Law
No. 25 Year in 2007 became the basis of authority of international arbitration
If the parties in relation to foreign investment can not agree on international arbitration
clause as the dispute forum, then the application of Article 32 paragraph (4) as the basis
for arbitration authority has set aside the principle of volunteerism.

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Ketersediaan

030810125

1335

Ruang Tesis

Tersedia namun tidak untuk dipinjamkan - Digudangkan

Informasi Detail

Judul Seri

-

No. Panggil

1335

Penerbit

Surabaya : Fakultas Hukum Unair., 2010

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

HUKUM INVESTASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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