LAW REVIEW
Volume XIX, No. 3 - March 2020

THE CONSTITUTIONALITY OF INTERNATIONAL INVESTMENT AGREEMENTS IN INDONESIA POST ISSUANCE OF THE CONSITUTIONAL COURT DECISION NUMBER 13/PUU-XVI/2018

Jessica Marpaung (Fakultas Hukum Universitas Pelita Harapan)



Article Info

Publish Date
31 Mar 2020

Abstract

As a developing country participating in international economy, Indonesia has declared a clear commitment to create a stable and conducive environment for investment. Such endeavor has been met fraught with challenges, especially from within the country itself. Challenges to the constitutionality of Investment International Agreements (IIAs), including both Free Trade Agreements (FTAs) and Bilateral Investment Treaties (BITs) forged between Indonesia and various countries have arisen and recently led to a constitutional claim, resulting in the Decision No. 13/PUU-XVI/2018 (Decision No. 13/2018). Allegations that the discriminatory and unfair treatment against local businessmen caused by such IIAs clearly constitutes a violation of the Constitution, rendering IIAs that have been signed to-date reviewable, and more extremely, unconstitutional, and must be terminated. This Article aims to discuss on assess the issue of constitutionality of IIAs, especially through the discussions in Decision No. 13/2018, and its impact on Indonesia’s commitment to IIAs.

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Journal Info

Abbrev

LR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, ...