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All Journal Jurnal Magister Ilmu Hukum Gender Equality: Internasional Journal of Child and Gender Studies Jurnal Ilmiah Mahasiswa Bidang Hukum Keperdataan JURNAL MERCATORIA Jurnal Suara Hukum Student Journal of International Law Kanun: Jurnal Ilmu Hukum Student Journal of International Law
Azhari Yahya
Universitas Syiah Kuala
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Student Journal of International Law

 1 
THE SOURCE OF LAWS IN THE GAMBIAN AND INDONESIAN LEGAL SYSTEM: A COMPARATIVE STUDY Essa Garba; Azhari Yahya
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.27218

Abstract

This article compares the source of legal system in the Gambia with the legal system in Indonesia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, it was found that the elements in the source of the legal system, in general both the Gambia and Indonesia have similarities, in terms of their adoption of a practical mixed system, of constituting the colonial laws, Customary law and Islamic law as part of their source of legal. The results also indicate differences between the Gambian and Indonesia legal system when it comes to the foundation of their legal system. The article suggest that Gambian and Indonesian legal experts should help in making more research on comparative studies of their countries. Conducting comparative studies will help in advancing the countries legal system for better service for their people respectively and update to modern development.
PROTECTION OF FOREIGN DIRECT INVESTMENT IN RELATION TO THE APPLICATION OF FAIR AND EQUITABLE TREATMENT PRINCIPLE IN INDONESIA Syarifah Taskia Az-Zahra; Azhari Yahya
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23671

Abstract

This paper aims to find out the arrangements regarding the protection of foreign direct investment and the consistency between the arrangements contained in the rules against the fair and equitable treatment principle in Indonesia. This study used normative legal research, and  found  that the regulatory policy regarding the protection of foreign direct investment in Indonesia as stated in article 6 of law number 25 of 2007 concerning investment is not in accordance to fair and equitable treatment principle. The Indonesian government must pour out matters related to transparency and the absence of overlapping rules so as to create better protection by providing clear legal certainty to investors.
LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA Dina Luqyana; Azhari Yahya
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i1.18076

Abstract

Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated literature. The result shows that in facilitating land license for investors in Aceh, the Government of Aceh applies Qanun Number 14 Year 2017 on Aceh's Assets Management instead of Law Number 25 Year 2007 on Capital Investment. This Qanun stipulated that land license for investors is given for five years with specific requirements for extension. This short period for a land license causes legal uncertainty for investors and decreases their motivation to invest in Aceh Province. It is suggested that this Qanun should be amended to be in line with national legislation, namely law Number 25 Year 2007 that provides a longer period of land license for investors. Keywords: Legal certainty; Land license; Foreign Direct Investment. 
Co-Authors Abdurrahman Abdurrahman Alwi Yovandy Dahlan Ali Darmawan Darmawan Dina Luqyana Essa Garba Farah Diba Haspan Yusuf Ritonga Ilham Zahri Ilyas Ismail Iman Jauhari Khalid Khalid M. Adli Mansari Mansari Muhammad Irvan Hidayana Nabilah Rizkijulia Ramli Usman Syarifah Taskia Az-Zahra Teuku Ahmad Yani