As a developing country participating in international economy, Indonesia has declared a clear commitment to create a stable and conducive environment for investment. Such endeavor has been met fraught with challenges, especially from within the country itself. Challenges to the constitutionality of Investment International Agreements (IIAs), including both Free Trade Agreements (FTAs) and Bilateral Investment Treaties (BITs) forged between Indonesia and various countries have arisen and recently led to a constitutional claim, resulting in the Decision No. 13/PUU-XVI/2018 (Decision No. 13/2018). Allegations that the discriminatory and unfair treatment against local businessmen caused by such IIAs clearly constitutes a violation of the Constitution, rendering IIAs that have been signed to-date reviewable, and more extremely, unconstitutional, and must be terminated. This Article aims to discuss on assess the issue of constitutionality of IIAs, especially through the discussions in Decision No. 13/2018, and its impact on Indonesia?s commitment to IIAs.
Published by | Universitas Pelita Harapan |
Journal Name | LAW REVIEW |
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Location | Kota tangerang, Banten INDONESIA |
Website | LR| http://ojs.uph.edu/index.php/LR| |
ISSN | ISSN : 14122561, EISSN : 26211939, DOI : -, |
Core Subject | Social, |
Meta Subject | Law, Crime, Criminology & Criminal Justice, |
Meta Desc | Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law. |
Penulis | Marpaung, Jessica |
Publisher Article | Fakultas Hukum Universitas Pelita Harapan | Lippo Karawaci, Tangerang |
Subtitle Article | Law Review Volume XIX, No. 3 - Maret 2020 |
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Informasi yang terkait dengan THE CONSTITUTIONALITY OF INTERNATIONAL INVESTMENT AGREEMENTS IN INDONESIA POST ISSUANCE OF THE CONSITUTIONAL COURT DECISION NUMBER 13/PUU XVI/2018
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