Angela, Krisna
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Choice of Law Clause in Foreign Investment Contracts for The Development of The Nusantara Capital City Angela, Krisna
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p144-161

Abstract

This research analyses foreign investment within the context of the Nusantara Capital City (Ibu Kota Nusantara, IKN) development projects, focusing specifically on the application of choice of law clauses in resolving disputes arising from foreign investment contracts. Employing both statutory and conceptual approaches, the study explores how the IKN's green forest city concept aligns with national investment policies, making it conducive to foreign investment provided that projects adhere to legislative requirements and procedural guidelines. The findings underscore the critical importance of carefully crafted dispute resolution clauses, particularly those specifying the choice of applicable law, given the inherent complexity of contracts involving multiple parties subject to diverse legal systems. Effective dispute resolution mechanisms are essential for ensuring clarity and consistency in addressing potential legal conflicts that may arise in the course of international investment activities within the IKN development framework.
Analisis Pelaksanaan Pengadaan Tanah di Atas Tanah Ulayat Masyarakat Hukum Adat dalam Rangka Proyek Strategi Nasional (PSN) Demi Kepentingan Umum Angela, Krisna; Setyawati, Anik
Jurnal Hukum Lex Generalis Vol 3 No 3 (2022): Tema Hukum Adat dan Kebiasaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i3.196

Abstract

Infrastructure development in Indonesia is not easy to implement because of the diversity of cultures and geographical conditions, which made Indonesia seek infrastructure development following indigenous peoples. This research focuses on the legal basis for using indigenous peoples' land and the role and enforcement of customary law in sustainable infrastructure development. This type of writing study uses the juridical-normative method through primary and secondary legal study materials to find answers to the research. With this, a conclusion that draws infrastructure development that uses customary rights for the public interest can carry out by way of the handover of land by the authorities together with the owners of traditional rights based on an agreement between indigenous peoples and the applicable provisions.