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All Journal Arena Hukum Jurnal Sains Student Research Jurnal Ilmiah Nusantara
Sang Ayu Putu Rahayu
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Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tinjauan Yuridis terhadap Efektivitas Arbitrase Internasional dalam Menyelesaikan Sengketa Investasi Asing di Indonesia dan Tantangan Struktural Faiq Fatih Alwan; Sang Ayu Putu Rahayu
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 3 (2025): Jurnal Sains Student Research (JSSR) JUNI
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i3.4647

Abstract

The selection of a dispute resolution forum is a crucial issue in international investment law. International arbitration, especially through institutions such as ICSID and UNCITRAL, is seen as the main means of ensuring effective dispute resolution and legal certainty for foreign investors. This article examines the effectiveness of the implementation of international arbitration in the context of foreign investment dispute resolution in Indonesia using a legal approach and highlights the structural challenges that are still faced in practice. The analysis covers aspects of jurisdiction, enforcement of decisions, and legal and institutional barriers that hinder optimal legal protection for investors. The findings show that although the Indonesian legal framework has accommodated the principles of international arbitration through the ratification of major conventions, its implementation is still not fully effective. The lack of regulatory harmonization, limited institutional capacity, and inconsistent interpretation of public order are the main inhibiting factors. Legal reform and strengthening of law enforcement institutions are needed to create a more conducive investment climate that is in line with international standards.
Implikasi Revisi UU TNI terhadap Iklim Investasi Asing: Studi Kasus Perusahaan LG di Indonesia Aura Nur Halizah; Sang Ayu Putu Rahayu
JOURNAL SAINS STUDENT RESEARCH Vol. 3 No. 3 (2025): Jurnal Sains Student Research (JSSR) JUNI
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v3i3.4666

Abstract

The revision of the Indonesian National Armed Forces Law (TNI Law) has raised concerns regarding political stability and legal certainty, which significantly impact the foreign investment climate. This study examines the implications of the revision on the investment decisions of LG Energy Solution in Indonesia, which withdrew a substantial portion of its investment due to regulatory uncertainty and concerns over increased military involvement in civilian affairs. Using a normative juridical method with a statutory and case approach, the research finds that expanding military authority without clear legal boundaries can reduce investor confidence and disrupt the business environment. Therefore, the government must implement strategies such as transparent regulations, assurance of legal certainty, and effective communication with the international business community to maintain Indonesia’s competitiveness as an investment destination.
Analisis Penerapan OSS Berbasis Risiko dalam Mewujudkan Kepastian Hukum bagi Investor di Indonesia Chika Fatika Sari; Sang Ayu Putu Rahayu
JURNAL ILMIAH NUSANTARA Vol. 2 No. 3 (2025): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i3.4556

Abstract

This study analyzes the implementation of risk-based Online Single Submission (OSS) in realizing legal certainty for investors in Indonesia. The risk-based OSS system is a licensing innovation based on Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 5 of 2021, which changes the licensing paradigm from a permit-based approach to a risk-based approach. Through a normative legal approach, although designed to increase transparency, efficiency, and legal certainty, the implementation of OSS still faces challenges such as data asynchronous between the central and regional governments, institutional resistance, conflicts of authority, and gaps in regional capacity. To optimize this system, regulatory harmonization, strengthening institutional coordination, improving digital infrastructure, and mentoring for business actors, especially MSMEs, are needed. This study concludes that although not yet perfect, risk-based OSS has the potential to be a catalyst for improving the investment climate and increasing national economic competitiveness through simplifying licensing that still pays attention to aspects of security, health, and environmental protection.
KEPASTIAN HUKUM DALAM DIRECT INVESTMENT : STUDI KASUS PENCABUTAN IZIN TAMBANG DI KALIMANTAN TIMUR Kurnia Fitri Rahma Dani; Sang Ayu Putu Rahayu
JURNAL ILMIAH NUSANTARA Vol. 2 No. 3 (2025): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i3.4590

Abstract

Direct investment in the mining sector plays an important role in driving economic growth, especially in resource-rich regions such as East Kalimantan. However, the government's policy of revoking Mining Business Permits (IUP) unilaterally and without a transparent mechanism has created considerable legal uncertainty for investors. This article examines the impact of this policy on the investment climate, focusing on the case of the revocation of 34 IUPs in East Kalimantan. Lack of transparency in the decision-making process and indications of corrupt practices reflect weaknesses in licensing governance, which directly affect investor confidence. Through a normative approach and juridical analysis, this article emphasizes the urgency of reforming mining licensing governance that upholds the principles of procedural justice, transparency and accountability. The recommendations put forward include simplifying licensing mechanisms, increasing stakeholder participation, and strengthening the role of independent supervisory institutions in order to create a healthy and sustainable investment climate in the national extractive sector.
Foreign Direct Investment dalam Skema Joint Venture: Analisis Dampak Sosial-Ekologis di Kawasan Industri Morowali Nafoura Maharani Arl; Sang Ayu Putu Rahayu
JURNAL ILMIAH NUSANTARA Vol. 2 No. 3 (2025): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i3.4636

Abstract

Foreign Direct Investment (FDI) represents a key instrument in stimulating national economic growth, especially in resource-based industries. This study aims to analyze the social and ecological impacts of foreign direct investment under a joint venture scheme in the Indonesia Morowali Industrial Park (IMIP), Central Sulawesi. Utilizing a juridical-sociological approach and qualitative descriptive method, this article explores secondary data obtained from regulations, government publications, and civil society reports. The findings reveal that while the joint venture between PT Bintangdelapan Group and Tsingshan Holding Group significantly contributes to regional economic growth and the success of Indonesia’s nickel downstreaming policy, it simultaneously generates adverse externalities, including social inequality, marginalization of local communities, and environmental degradation due to poorly regulated industrial activities. This imbalance underscores a governance gap in managing FDI within strategic industrial zones. Hence, the study proposes an integrative policy reform that places social justice and environmental sustainability as central pillars of Indonesia's FDI framework.
Green Investment Effect on Upstream Oil and Gas Activities in Indonesia Sang Ayu Putu Rahayu; Puteri, Dina Silvia; Nathanael Bayu Ajie Pratomo
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

Petroleum remains a key global energy source. Like coal, it significantly contributes to carbon emissions. In the era of energy transition, Indonesia faces mounting pressure to align its upstream oil and gas sector with global sustainability standards. The legal challenge lies in crafting a regulatory framework that both supports green investment and ensures environmental accountability. While Paramita (2022) and Wijaya (2022) have explored environmental governance in the energy sector, they primarily focus on renewable energy and overlook the regulatory transformation needed within fossil fuel industries. This study addresses the gap by examining how green investment interacts with upstream oil and gas activities in Indonesia and comparing its regulatory framework with those of Brazil and China, two countries with major emerging economies, using contrasting approaches to sustainable energy governance. Brazil emphasises environmental legislation in ecologically sensitive regions, while China exemplifies a centralised model of state-led green reform. This research employs a non-doctrinal socio-legal approach, combining statutory and comparative legal analysis with empirical fieldwork, including interviews with an Indonesian upstream oil and gas company. Findings reveal that Indonesia’s legal infrastructure remains underdeveloped in supporting low-carbon transition within its fossil energy sectors. Strengthening legal mechanisms and incentivising technological innovation are identified as critical strategies to align investment with environmental goals. This study contributes to legal science by offering a comparative lens on green regulatory transformation in resource-dependent economies. For international readers, it highlights the importance of sustainable legal reform in the context of fossil energy in three countries.
Co-Authors Aura Nur Halizah Chika Fatika Sari Dina Silvia Puteri Faiq Fatih Alwan Kurnia Fitri Rahma Dani Nafoura Maharani Arl Nathanael Bayu Ajie Pratomo