Journal of State Public Policy (JSPP)
Vol. 1 No. 3 (2026): Journal of State Public Policy

FDI Stabilization Clauses Post-Omnibus: Balancing State Control and Renewable Energy Investor Protection

Cinta Melodia Ariyani Putri (Faculty of Law, University of Indonesia, Indonesia)



Article Info

Publish Date
31 May 2026

Abstract

This article examines the systemic tension between foreign direct investment deregulation under Indonesia's Omnibus Law and the constitutional mandate of state control within renewable energy projects. Utilizing a normative doctrinal approach, this research thoroughly analyzes statutory frameworks, conceptual doctrines, and international arbitration jurisprudence to dissect the structural clash between investors' legitimate expectations and state sovereignty. The results demonstrate that conventional stabilization clauses acting as absolute freezing mechanisms precipitate regulatory chill, severely undermining the state's sovereign capacity to adapt to ecological crises without facing massive international arbitration claims under fair and equitable treatment standards. To legally resolve this dichotomy, this study recommends restructuring power purchase agreements by implementing a dynamic integrated stabilization clause. Rooted deeply in the rebus sic stantibus doctrine, this novel contractual mechanism incorporates environmental carve-outs, thereby safeguarding investors' economic equilibrium while definitively preserving the host state's inalienable right to regulate for sustainable development and national public interest effectively.

Copyrights © 2026






Journal Info

Abbrev

jspp

Publisher

Subject

Description

Journal of State Public Policy (JSPP), published triannually (April, August, and December) by Cerdas Pedia, is a peer-reviewed, open-access academic journal dedicated to the rigorous analysis of public policy formulation, state administration, and legal regulatory frameworks. Serving as a critical ...