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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Paulira, Cassandra Stephanie
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Law, Crime, Criminology & Criminal Justice

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LEGAL TRANSPLANTATION OF PRINCIPLES OF NATIONAL TREATMENT IN RETAIL TRADING ACTIVITIES BY FOREIGN DIRECT INVESTMENT Paulira, Cassandra Stephanie
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4753

Abstract

This paper aims to elaborate the extend on how the National Treatment Principle transplanted on Indonesian legal framework as a result of Indonesia's membership in WTO particularly after going through the development of Covid-19 and the enactment of the Job Creation Law, in particular the aftermath of the government's policy to open retail trading business activity to foreign direct investment. This study uses doctrinal legal research form by examining literature materials or sources in the form of written positive legal norms. The Investment Law has accommodated the 5 (five) main principles after the ratification of the GATT; however, it is found that the implementation regulation violates the principles in the ministerial regulation level. Study on the contradiction of the legal transplantation effort is rarely made toward the National Treatment principle due to its broad definition. This study can be useful to foresee the risk of a policy in general and to improve the interest of foreign direct investment in particular as well as to fill the gap of rising concern technical understanding of the retail trading business activity for foreign direct investment. 
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