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All Journal Pandecta Brawijaya Law Journal : Journal of Legal Studies Arena Hukum TANJUNGPURA LAW JOURNAL Jurnal Inovasi Hasil Pengabdian Masyarakat (JIPEMAS) Jambura Law Review Padjadjaran Journal of International Law Lampung Journal of International Law (LaJIL) Jurnal Pengabdian kepada Masyarakat Nusantara Uti Possidetis: Journal of International Law Teaching and Learning Journal of Mandalika (Teacher) Indonesian Journal of International Law Jurnal Hukum dan Pembangunan
Fatma Muthia Kinanti, Fatma Muthia
Center for International Law Studies (CILS) Universitas Indonesia
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Lampung Journal of International Law (LaJIL)

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Economic Security in Border Areas: The Fulfillment of Community Welfare Bangun, Budi Hermawan; Kinanti, Fatma Muthia; Darajati, Muhammad Rafi
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3355

Abstract

Border area management entails navigating geographical complexity and socio-cultural diversity, necessitating a comprehensive approach that integrates security and welfare. This article highlights a paradigm shift from traditional to economic security, recognizing economic dependence as a potential national vulnerability. Despite challenges like geographic remoteness and economic inequality, border regions are vital for economic growth. Using a conceptual approach, the article emphasizes the need to balance security and welfare through cross-border trade development and community empowerment. While Law Number 43 of 2008 aims to manage borders, unclear authority and regulatory overlap hinder effectiveness, compounded by military-focused defense strategies, limited budgets, and inadequate infrastructure. To address these issues, enhancing international cooperation, clarifying authority, and empowering communities through local wisdom are essential. Such empowerment is expected to bolster self-esteem, reduce economic dependency, and strengthen economic security, emphasizing the importance of balancing protection with economic development. Strategies like expanding trade zones and enhancing social capital, alongside infrastructure development and improved social services, are crucial for ensuring access and fostering the welfare of border communities.
ISDS Reform UNCITRAL: Implications For Indonesian Investment Policy Wiko, Garuda; Kinanti, Fatma Muthia
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3422

Abstract

The United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) has been meeting intensively to formulate comprehensive reforms to Investor-State Dispute Settlement (ISDS) based on emerging criticisms. In July 2017, UNCITRAL established Working Group III with a mandate to identify and evaluate ISDS-related concerns, consider the need or desirability of reforms, and develop relevant solutions. Some of the issues that have been identified in relation to the current ISDS mechanism include lack of consistency and predictability of arbitral awards by ISDS forums, lack of independence and impartiality of arbitrators, cost and duration of proceedings, and third-party financing. The WG III forum has formulated several options to address these issues: 1) establishment of a court mechanism, 2) appointment of arbitrators and adjudicators, 3) parties' involvement and control, 4) dispute prevention and mitigation: strengthening dispute prevention and mitigation mechanisms, 5) cost management and third-party financing transparency: efforts to manage costs and related procedures, as well as transparency in third-party financing. The findings indicate that Indonesia actively participates in WG III by advocating for balanced reforms that safeguard state sovereignty and public interest while addressing investor rights. Key recommendations include enhancing transparency and leveraging regional alliances to strengthen Indonesia’s position in international investment frameworks.
Co-Authors . Ria Wulandari AA Sudharmawan, AA Arsensius Arsensius, Arsensius Bangun, Budi H. Budi Hermawan Bangun Elida, Sri Agustriani Endah Rantau Itasari, Endah Erwin Erwin Erwin Garuda Wiko Itasari, Endah R. M. Rafi Purwanti, Evi Sagio, Ibrahim Selviana, Nana Sembiring, Rinawati Thomas, Silvester