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This Author published in this journals
All Journal Lentera Hukum Jurnal Bina Mulia Hukum Padjadjaran Journal of International Law Journal of Law and Policy Transformation Indonesian Journal of International Law
Damos Dumoli Agusman
Kementerian Luar Negeri Republik Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Urgency of Implementing Exhausion of Local Remedies In Investment Dispute Settlement Regarding Mining Licenses In Indonesia Adiza, Salza Fadila; Amalia, Prita; Agusman, Damos Dumoli
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9294

Abstract

The exhaustion of local remedies (ELR) is a principle viewed as an exception rather than a rule in international investment law. Hence, it tends to be forgotten, and Investor-State Dispute Settlement (ISDS) is preferable in resolving disputes concerning mining licenses. However, this has proven detrimental to Indonesia as a developing country. This research aims to analyze ELR implementation in international investment law and the urgency of implementing ELR for Indonesia as a developing country. This research uses normative and comparative juridical methods to find that ELR remains an important principle despite being generally waived and that there is an urgency for Indonesia as a developing country to implement ELR to (1) reassert sovereignty; (2) minimize financial loss; (3) improve domestic adjudication and strengthen rule of law. Implementing ELR can be done through BITs by referring to India and Argentina as models. An amendment to domestic law and regulation is also needed to ensure the enforceability of ELR in Indonesia.
Natuna Waters: Explaining a Flashpoint between Indonesia and China Agusman, Damos Dumoli
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Abstract The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row. This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what measures Indonesia has taken and will continue to take in order to protect its maritime interests against China’s 9DL claim. It concludes that Indonesia regards China’s illegal claim as a matter of principle and thus takes an uncompromising stand.
Co-Authors Adiza, Salza Fadila Belaputri, Addyana Fatihah, Citra Yuda Nur Prita Amalia, Prita