Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam

Problematika Investor State Dispute Settlement dalam Bilateral Investment Treaty Indonesia-Singapura 2018

Zulkarnain, Mukhamad (Unknown)



Article Info

Publish Date
29 Sep 2023

Abstract

The signing of the 2018 Indonesia-Singapore BIT is a new chapter for Indonesia in establishing international relations in the field of investment after in 2013 Indonesia stopped the 2005 Indonesia-Singapore BIT because it was more in favor of foreign investors. This alignment is contained in the Investor State Dispute Settlement (ISDS) mechanism where the dispute resolution mechanism is also regulated in the 2018 Indonesia-Singapore BIT even though it is known that the ISDS mechanism has many shortcomings and provides protection for foreign investors. Therefore, there is a need for a new alternative to perfect the ISDS mechanism. Normative juridical methods are used in this writing by qualitatively analyzing the data. The results of the study concluded that the ISDS mechanism in the Indonesia-Singapore BIT 2018 has not been able to protect Indonesia's interests in international investment cooperation and requires an Investment Court System (ICS) mechanism to perfect the ISDS mechanism.

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Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...