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All Journal JURNAL FIAT JUSTISIA Yuridika
Widhayani Dian
Faculty Of Law Universitas Airlangga, Jalan Dharmawangsa Dalam Selatan, Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia Rizky Amalia; Hilda Yunita Sabrie; Widhayani Dian
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1306

Abstract

Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned. Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith. 
DIALEKTIKA PERLINDUNGAN KEPENTINGAN NASIONAL BERDASARKAN KONSTITUSI EKONOMI DENGAN BASIC PRINCIPLE DALAM BILATERAL INVESTMENT TREATIES Widhayani Dian Pawestri
Yuridika Vol. 31 No. 1 (2016): Volume 31 No 1 Januari 2016
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (305.039 KB) | DOI: 10.20473/ydk.v31i1.1961

Abstract

National interests is a fundamental thing that is often discussed, but does not have the exact concept and parameters. Especially in investment, national interests increasingly reduced by the emergence of some problems in Bilateral Investment Treaties (BIT), and certainly, the most disadvantaged entity is the State. This paper examines the dialectic between national interests with the basic principle, as one of the principles in the WTO-TRIMs that should be applied by all the States that have ratified that convention, including Indonesia. If there is a conflict between the national interest and the basic principle, especially in BIT, then the state must remain in favor of its national interests. The underlying basis of the argument is that the State has sovereignty whose power must be maintained. This is in line with the 'calvo doctrine' and the basic essence that the state (in this case the host state) has sovereignty over all natural resources-permanent sovereignty over natural resources-such as environmental protection, health and protection of human rights.
KEADILAN SOSIAL DALAM PERLINDUNGAN KEPENTINGAN NASIONAL PADA PENANAMAN MODAL ASING BIDANG SUMBER DAYA ALAM Widhayani Dian Pawestri
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.346 KB) | DOI: 10.20473/ydk.v30i1.4683

Abstract

Prioritizing the social justice to protect national interests based on constitution becomes one of the problems in our economic development, especially in foreign direct investment of natural resources. UUD NRI 1945 as the economic constitution is the fundamental basis to make a foreign direct investment policy. Similar to embodying justice, State has to prioritize social justice and stand on the national interests so that state can achieve its purpose through foreign direct investement.
ASPEK HUKUM KARTU INDONESIA SEHAT Zahry Vandawati; Hilda Yunita Sabrie; Widhayani Dian Pawestri; Rizki Amalia
Yuridika Vol. 31 No. 3 (2016): Volume 31 No 3 September 2016
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.195 KB) | DOI: 10.20473/ydk.v31i3.4862

Abstract

Assurance is an important element in financial planning, but because of the low public awareness and myths that circulate in society around the insurance makes people reluctant to buy insurance products. Insurance is also known only for the upper middle class. On the other hand the realization of a prosperous society, one of which is assessed from the level of good public health. For that the government issued a compulsory social insurance in which the entire community on the mandate of the law shall be a participant of the program. Since 2011, the government has issued a regulation related to the National Social Security System and implemented through Badan Penyelenggara Jaminan Sosial (BPJS) in 2014. However, in the event it was due to political dynamics, the government under Jokowi leadership reissued Kartu Indonesia Sehat (KIS) A presidential regulation that functions the same as the existence of BPJS. This is what needs to be studied more deeply, because it is feared there will be overlapping roles and functions between BPJS and KIS them.
Investor Legitimate Expectation and Indirect Expropriation in Domestic Regulation Concerning the Application of Domestic Raw Application Muchammad Zaidun; Yuniarti; Widhayani Dian Pawestri
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.36278

Abstract

Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.
Co-Authors Hilda Yunita Sabrie Muchammad Zaidun Rizki Amalia Rizky Amalia Yuniarti Zahry Vandawati