Implementation of Bilateral Investment Treaty at Joint Enterprise Agreement

DOI

10.2991/aebmr.k.200513.013How to use a DOI?

Keywords

bilateral investment treaty, joint enterprise, implementation, regulation, international agreement

Abstract

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.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Edi Krisharyanto
AU  - Fries Melia Salviana
PY  - 2020
DA  - 2020/05/20
TI  - Implementation of Bilateral Investment Treaty at Joint Enterprise Agreement
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 64
EP  - 66
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.013
DO  - 10.2991/aebmr.k.200513.013
ID  - Krisharyanto2020
ER  -