Implementation of Bilateral Investment Treaty at Joint Enterprise Agreement

Krisharyanto, Edi Implementation of Bilateral Investment Treaty at Joint Enterprise Agreement. Atlantis Press. (Unpublished)

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C.1 Implementation of Bilateral Investment Treaty at Joint Enterprise Agreement.pdf

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-Bilateral Investment Treaty is an agreement made between two parties, of which both parties are countries. Bilateral Investment Treaty aims to increase supprort, as well as to provide legal protection to investors from regime changes or changes in political and economic policy from Host State. Joint Enterprise is an agreement to form a new company by a company form Host State with a company which is an investor. According to law No. 25 of 2007, concerning Penanaman Modal, forming a new company must be carried out based on the Laws in force in Indonesia, by using Law No. 40 of 2007 concerning Perseroan Terbatas. Problem will arise if both parties in the investment have Bilateral Investment Treaty related to the application of the clause contained in Bilateral Investment Treaty to Joint Enterprise Agreemant entered into by both parties. The research method used is a research using the normative method with statute approach with regulations which have a related to investment and conseptual approach by the concept of International agreements, especially Bilateral Investment Treaty. Conclusion of this paper is the clause of Bilateral Investment Treaty must be in Joint Enterprise agreement, so that if there is an arrangement in Bilateral Investment Treaty that is contary to the existing laws and regulations in Indonesia, then the clause in the Bilateral Investment treaty because the regulation must be applied in Joint Enterprise agreement, besides that also article 6 (2) of the investment Law No. 25 of 2007 stipulates that there are exceptions to the investment arrangement for investors coming from countries that have Bilateral Investment Treaty with Indonesia. Keywords: bilateral investment treaty, joint enterprise, implementation, regulation, international agreement

Item Type: Other
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Master in Law Sciences Study Program
Depositing User: Sulimin BP3
Date Deposited: 04 Dec 2023 21:44
Last Modified: 04 Dec 2023 21:44

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