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Dhiva Trenadi
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Ius Comparatum: Journal of Law Studies
Published by Universitas Pembangunan Nasional Veteran Jakarta
ISSN : -     EISSN : 31635628     DOI : https://doi.org/10.35586/icjls.v1i2.12314
Core Subject :
Ius Comparatum: Journal of Law Studies (ICJLS) is a peer-reviewed academic journal published in English by the Doctoral Programme of the Faculty of Law, Universitas Pembangunan Nasional "Veteran" Jakarta. The journal is devoted to promoting scholarly discourse and innovation in the field of comparative legal studies, serving as a platform for the dissemination of research that bridges legal traditions, systems, and cultures. ICJLS focuses on research-based novelty and encourages contributions that offer original insights, critical analysis, and interdisciplinary approaches to legal issues from a comparative perspective. It aims to deepen the understanding of how different legal systems operate, interact, and evolve in response to global, regional, and local developments. Published three times a year, in January, May, and September, the journal covers a wide spectrum of legal disciplines, including but not limited to civil law, private law, constitutional law, human rights law, public health law, and civil society issues. ICJLS particularly welcomes manuscripts that explore the dynamics of legal convergence and divergence across jurisdictions.
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Articles 12 Documents
 1   2 
Intersection Between Administrative Freies Ermessen and Maladministration in Strategic Nickel Industrial Area Development in Morowali Tegar Raffi Putra Jumantoro; Muhammad Fadirah Fauzi
Journal of Ius Comparatum Law Studies Vol 1 No 2 (2025): Justice in The Legal System
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v1i2.12028

Abstract

The development of the nickel industrial zone in Morowali Regency reflects a critical intersection between administrative discretion (freies Ermessen) and the growing risks of maladministration. While the project, primarily through the Indonesia Morowali Industrial Park (IMIP), contributes significantly to national economic growth and global energy transition, its implementation often circumvents legal and ethical governance frameworks. This study employs a normative juridical method with statutory, conceptual, and case approaches to examine the legal boundaries of administrative discretion within strategic national projects. Findings reveal that discretion has been exploited to accelerate permits, land acquisition, and fiscal incentives without sufficient public participation, transparency, or legal compliance. Such practices have led to environmental degradation, agrarian conflicts, and diminished public trust in government institutions. Key indicators of maladministration include abuse of authority, discriminatory policies favoring large corporations, procedural violations, and the absence of effective oversight mechanisms. The research underlines that discretion, when detached from its foundational legal and moral principles, transforms into a tool of unchecked bureaucratic power, undermining good governance and democratic values. It argues for stricter regulatory oversight, clearer discretionary boundaries, and participatory frameworks to prevent misuse in future development agendas. Ultimately, the paper contributes to advancing administrative law discourse by emphasizing the urgent need for institutional reforms to align discretionary practices with the principles of accountability, legality, and public interest in state administration.
Investment Contracts and Foreign Direct Investment: A Juridical Perspective Moch. Teguh Al Baisar
Journal of Ius Comparatum Law Studies Vol 1 No 2 (2025): Justice in The Legal System
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v1i2.12314

Abstract

This research investigates the legal framework governing investment contracts and foreign direct investment (FDI) in Indonesia using a normative juridical approach that emphasizes statutory analysis and literature review. The inquiry is grounded in primary legal materials, including the Indonesian Civil Code (KUHPerdata) and Law Number 25 of 2007 concerning Investment, and is further enriched by secondary and tertiary materials to provide a broader context of the regulatory landscape. The study delves into the nature of investment contracts as instruments that create legal certainty, delineate rights and obligations, and ensure the fulfillment of commitments by the parties involved throughout the investment process. It emphasizes that investment contracts must fulfill the essential elements of a valid agreement as stipulated in Article 1320 of the Civil Code and are binding under the principle of pacta sunt servanda. Moreover, the analysis explores the interplay between investment contracts and various FDI structures, particularly joint ventures (PT PMA), as required by Indonesian law. It highlights key contractual components—such as capital participation, management rights, profit repatriation, stabilization clauses, and choice of law—that enhance clarity and predictability for investors while respecting the regulatory authority of the host state. The findings underscore the importance of a well-drafted investment contract in minimizing legal uncertainty, facilitating technology transfer, and promoting sustainable economic growth, which ultimately strengthens Indonesia’s appeal as a destination for foreign investment.

Page 2 of 2 | Total Record : 12

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