Takke, Shareen Virgita Septalia
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Perlindungan Hukum Terhadap Investor dalam Kegiatan Foreign Direct Investment (FDI) Berbentuk Joint Venture: Perbandingan antara Negara Indonesia dan Australia Takke, Shareen Virgita Septalia
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17462754

Abstract

The purpose of the existence of this study is to analyze towards how the legal protection of foreign investors undertaking Foreign Direct Investment in the form of Joint Venture in Indonesia as well as compare its regulation with the legal framework in Australia. This study uses a normative (doctrinal) type of legal research, which focuses on the analysis of law in books to study the regulations in force. The approach used was a statute approach to research the PM Act, PT Act, FATA, and other regulations, as well as a comparative approach to compare the legal system of Joint Venture investor protection between Indonesia and Australia. Data collection was conducted through library study, including primary (legislative regulations, international agreements) and secondary (journals, books) legal materials. All legal materials were analyzed qualitatively and descriptively, aiming to exhibit the results of the comparison in a structured, systematic, and thorough manner. The results of the study show that Based on the Comparison of the Regulation of Legal Protection of Investors in Foreign Direct Investment (FDI) in the Form of Joint Venture between Indonesia and Australia, it can be noted that there are fundamental differences in the philosophy of investment protection between Indonesia and Australia. Indonesia adheres to a state-controlled regime approach in which the state has predominant authority in supervising and restricting foreign investment in order to protect its economic sovereignty. In contrast, Australia adheres to a risk-based liberal-regulatory approach through the Foreign Acquisitions and Takeovers Act 1975 (FATA) which only intervenes if an investment is assessed as significant action or threatening the national interest (negative test).
Perlindungan Hukum Pemegang Saham Minoritas terhadap Penyalahgunaan Kekuasaan Pemegang Saham Mayoritas di Indonesia dan Singapura Takke, Shareen Virgita Septalia
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17891470

Abstract

The imbalance of power between majority and minority shareholders in Indonesian private companies creates significant opportunities for majority shareholders to exercise their rights in a manner detrimental to minority interests. Various jurisdictions have addressed this issue through substantive mechanisms such as the oppression remedy, exemplified by Singapore’s Section 216 of the Companies Act, which employs a standard of commercial fairness to determine whether majority conduct though formally compliant constitutes oppressive or unfairly prejudicial treatment. However, Indonesia has not adopted a similar doctrine; minority protection remains procedural under Law No. 40/2007, which does not directly regulate majority oppression. This study employs doctrinal legal research using conceptual, comparative, and statutory approaches to examine forms of majority shareholder abuse and evaluate the adequacy of existing protections. The findings show that Indonesia’s mechanisms remain limited to correcting formal violations, whereas Singapore provides substantive and flexible remedies, including buy-out orders, through broad judicial discretion. The study concludes that Indonesia must strengthen its substantive legal framework to offer more effective protection for minority shareholders.