Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal Journal of Law and Legal Reform International Law Discourse in Southeast Asia
Sergi Fernandez Alejandro
Sociedad Civil de Derecho y Políticas Públicas (SOCIPOL), Spain
Law, Crime, Criminology & Criminal Justice

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Navigating International Investment Law in Southeast Asia: The Case of Unfair Competition in Indonesia’s Mining Sector Agus Lanini; Elisabeth Christina Tan; Sergi Fernandez Alejandro
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.34683

Abstract

This paper explores the intersection between international investment law and domestic regulatory frameworks in Southeast Asia, with a particular focus on unfair competition in Indonesia’s mining sector. As Southeast Asia continues to attract foreign direct investment (FDI), legal disputes involving foreign investors and host states have become more frequent, particularly in resource-rich industries. Using Indonesia as a case study, this research analyzes how allegations of unfair competition—such as discriminatory licensing, state favoritism toward domestic enterprises, and lack of transparency—can trigger claims under international investment agreements (IIAs). The novelty of this paper lies in its focus on the underexplored tension between international investment protections and national efforts to regulate competition in strategic sectors. Through doctrinal legal analysis and selected case reviews, the paper highlights inconsistencies between Indonesia’s domestic legal framework and its international obligations, particularly under bilateral investment treaties (BITs). The contribution of this study is twofold: first, it provides a critical legal mapping of how unfair competition claims in the mining sector may escalate to investor-state dispute settlement (ISDS); second, it offers policy recommendations to harmonize investment protection with fair competition principles. Ultimately, this paper argues that unless Southeast Asian countries, particularly Indonesia, reform their investment governance and competition policies, they risk increased litigation and a chilling effect on sustainable investment. This research adds to the growing discourse on how developing countries can balance investor protection with national economic sovereignty.
Legal Protection and Certainty of Land Ownership in Post-Disaster Recovery: Evidence from Indonesia, Spain, and Oman Maisa Maisa; Muh Nafri; Amriana Amri; Sergi Fernandez Alejandro; Souad Ahmed Ezzerouali
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.19431

Abstract

This study investigates the legal protection and certainty of land ownership in post-disaster recovery, with a comparative focus on Indonesia, Spain, and Oman. It particularly examines the aftermath of the 2018 earthquake, tsunami, and liquefaction in Central Sulawesi, Indonesia, and contrasts it with recovery efforts in Spain and Oman. Using a descriptive empirical legal approach, the study explores the legal protections for disaster victims, the restoration of land ownership, and challenges in rebuilding. In Indonesia, the 2018 disaster in Petobo Village is analyzed through Governor Regulation No. 10 of 2019, which governs post-disaster rehabilitation and reconstruction. The law stipulates the rights to land restitution and housing reconstruction; however, delays in permanent housing construction have hindered the realization of victims’ rights. In Spain, the recovery from the 2011 earthquake in Lorca is examined under the Royal Decree 307/2005, which regulates compensation for victims of natural disasters. Despite the law’s aim to safeguard land rights and accelerate recovery, significant delays occurred in land restitution and compensation for affected property owners. In Oman, the Land Expropriation Law (Royal Decree No. 6/2008) and Cyclone Gonu Recovery Law provide mechanisms for land distribution and compensation, but challenges arose due to incomplete property registration and inconsistent enforcement, which delayed recovery efforts. By comparing these legal frameworks, the study highlights the differences in land governance and proposes recommendations for strengthening legal protections and ensuring faster, more efficient recovery in post-disaster contexts.
Co-Authors Agus Lanini Amriana Amri Elisabeth Christina Tan Maisa Maisa Muh Nafri Souad Ahmed Ezzerouali