Bengkoelen Justice : Jurnal Ilmu Hukum
Vol. 16 No. 1 (2026)

THE REGULATORY DESIGN OF CONDITIONAL INVESTMENT INCENTIVES: A LEGAL FRAMEWORK FOR LOCAL ECONOMIC TRANSFORMATION IN MUSI RAWAS

Abdul Aziz Zulhakim (Faculty of Social and Political Sciences, University of Bengkulu, Indonesia)
Arie Elcaputra (Faculty of Law, University of Bengkulu, Indonesia)



Article Info

Publish Date
05 Aug 2026

Abstract

The implementation of regional autonomy necessitates local governments to foster fiscal independence through investment. However, Musi Rawas Regency faces acute structural investment imbalances characterised by an overconcentration of capital in the primary sector and minimal integration of local Micro Small and Medium Enterprises (MSMEs). This empirical condition is severely exacerbated by an underlying legal problem, namely a regulatory deficiency and administrative ambiguity regarding local investment incentives. Existing legal scholarship largely overlooks the absence of a comprehensive regulatory mechanism governing local administrative discretion, which leaves regions vulnerable to a race to the bottom. This study aims to fill this research gap by addressing the regulatory vacuum and developing a normative legal model for local investment incentives. Employing an empirical legal approach with an explanatory case study design, primary data were gathered through purposive comprehensive interviews with key stakeholders. The data were triangulated with statutory analysis and synthesised using an ex-ante evaluation framework. The results indicate that unconditional tax incentives are legally and fiscally detrimental. As a normative contribution, this article constructs a Conditional Incentives legal framework. This prescriptive legislative blueprint mandates corporations to establish MSME supply chain integration, conduct downstream industrialisation, and prioritise local workforce absorption as binding legal prerequisites to acquire licensing privileges and local retribution reductions. In conclusion, translating these socioeconomic obligations into a binding regional regulation is crucial to shift the investment paradigm from a race to the bottom to a race to the top, thereby ensuring legal certainty and inclusive economic transformation.

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Journal Info

Abbrev

j_bengkoelenjustice

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bengkoelen Justice is a peer-reviewed professional journal with the editorial board of scholars mainly in applied law. It is published by the Postgraduate Program of Law, Universitas Bengkulu, Indonesia with the ISSN (Online) : 2686-2867 and ISSN (print): 2088-3412 The journal seeks to disseminate ...