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All Journal Journal of Economic & Business Law Review
Putra, Dandi Riskia
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Analisis Komparatif Kebijakan Pemisahan (Spin -Off) Unit Usaha Syariah di Indonesia dan Malaysia Putra, Dandi Riskia
Journal of Economic and Business Law Review Vol. 4 No. 1 (2024): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v4i1.45102

Abstract

This study focuses on a comparative analysis of the separation (spin-off) policies of Islamic business units in Indonesia and Malaysia, two countries with significant developments in the Islamic banking and finance sector in Southeast Asia. This research employs a normative juridical method with a legislative and conceptual approach to examine various legal and operational aspects of the Islamic business unit separation policy. The findings reveal significant differences in the implementation and impact of the spin-off policy in both countries. In Indonesia, the separation is triggered by the achievement of a certain asset proportion by the Islamic Business Unit (UUS) relative to its parent Conventional Bank (BUK), while in Malaysia, the focus is more on strengthening the operational independence of Islamic banks. This research provides a deep understanding of how this policy affects the structure and performance of the Islamic banking sector in both countries, as well as its implications for the development of the Islamic economy in the region.
Pengaruh Klausula Fair And Equitable Treatment Pada Perjanjian Investasi Bilateral Sebagai Upaya Perlindungan Investasi Bagi Penanam Modal Asing Putra, Dandi Riskia
Journal of Economic and Business Law Review Vol 3 No 2 (2023): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v3i2.43829

Abstract

To protect and encourage foreign investment, bilateral investment treaties (BITs) are often an important tool. The focus of this research is the Fair and Equitable Treatment (FET) clause, which is one of the most debated and controversial BIT clauses. This study investigates how these clauses function as protective mechanisms for foreign investors in bilateral investment agreements. This study shows that the FET clause protects investors in many ways, such as regulatory stability, legal certainty and non-discriminatory treatment. However, the way these clauses are used and interpreted varies widely, and often leaves considerable latitude for arbitrators to judge, which can sometimes impact the host country's freedom of public policy. According to this research, the text should be further clarified and FET clauses should be implemented to balance the need for investor protection with the public interest.
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