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All Journal International Journal of Educational Research and Social Sciences (IJERSC)
Sri Purwaningsih
Faculty of Law, University of 17 August 1945 Semarang, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection for the Position of Indonesian Investors in the Joint Venture Agreement Sri Purwaningsih; Rubiyanto
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.294

Abstract

The agreement that forms the basis for developing a joint venture company is the joint venture agreement and articles of association. A joint venture agreement is an agreement between prospective shareholders of a joint venture company subject to the law of contract. The imbalance of position in making Joint Venture Agreements is because foreign participants (Foreign Participants) are more substantial, mainly if foreign parties (Foreign Participants) have cultivated their business strength in the form of multinational (transnational) companies. This imbalance can cause the emergence of such cooperation to be unnatural and result in the strong party controlling the weak party. Such a cooperative relationship becomes a subordinate relationship, not a level relationship, and needs each other. This research aims to find out the concept or theory of legal protection for the Indonesian side in the Joint Venture Agreement. This research is prescriptive normative juridical research. Normative legal research in this study uses secondary data in the form of legal materials obtained through literature studies and emphasizes speculative-theoretical steps and normative-qualitative analysis. It is necessary to improve regulations regarding Joint Venture Agreements to provide legal protection for Indonesia in the Joint Venture Agreement. Because the agreement that forms the basis for developing a joint venture company is a joint venture agreement and articles of association. A joint venture agreement is an agreement between prospective shareholders of a joint venture company subject to the law of contract. The terms of the joint venture agreement should reflect a clear relationship between the parties and describe the development of the relationship in the future.
National Investment Policy For The Implementation Of Asean Comprehensive Investment Agreement (ACIA) Rubiyanto; Sri Purwaningsih; Sri Retno Widyorini
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.299

Abstract

The 2009 ASEAN Comprehensive Investment Agreement (ACIA) itself is one of the elements in supporting the establishment of the ASEAN Economic Community in 2015. This ACIA applies to investments that have existed on the effective date of this Agreement and investments made after the entry into force of this Agreement. The implementation of the ASEAN Comprehensive Investment Agreement (ACIA) provisions requires that all ASEAN member countries ratify this instrument. Indonesia ratified ACIA through Presidential Regulation of the Republic of Indonesia Number 49 of 2011 concerning Ratification of the ASEAN Comprehensive Investment Agreement, so it must commit to wide open the door to liberalization in the investment sector based on the ASEAN Comprehensive Investment Agreement. The approach method used in this research is a normative juridical approach. The approach used in this research is a juridical analysis. The juridical analysis approach method is intended to study the meaning and purpose of various legal rules and regulations. The results of this study show that the ASEAN Comprehensive Investment Agreement is one of the important pillars in the effort to realize the ASEAN Economic Community, which aims to increase investment activities among ASEAN member countries and make the ASEAN region competitive so that it becomes one of the destinations for investors in the world. National investment policy in the context of implementing the ASEAN Comprehensive Investment Agreement is carried out by issuing Presidential Regulation of the Republic of Indonesia Number 49 of 2011 concerning Ratification of the ASEAN Comprehensive Investment Agreement.
Co-Authors Rubiyanto Sri Retno Widyorini