The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment

One source of foreign funding that can be used to finance Indonesia's national development is foreign investment. However, compared to other Asian countries like Vietnam, Taiwan, Bangladesh, and South Korea, Indonesia has not become an attractive investment choice. One of the reasons for this i...

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Published in:Substantive Justice International Journal of Law
Main Author: Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
Format: Article
Language:English
Published: Faculty of Law, Universitas Muslim Indonesia 2023
Online Access:https://www.scopus.com/inward/record.uri?eid=2-s2.0-85213305842&doi=10.56087%2fsubstantivejustice.v6i2.239&partnerID=40&md5=e230069dbddf376840cb5f81fd2ba122
id 2-s2.0-85213305842
spelling 2-s2.0-85213305842
Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
2023
Substantive Justice International Journal of Law
6
2
10.56087/substantivejustice.v6i2.239
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85213305842&doi=10.56087%2fsubstantivejustice.v6i2.239&partnerID=40&md5=e230069dbddf376840cb5f81fd2ba122
One source of foreign funding that can be used to finance Indonesia's national development is foreign investment. However, compared to other Asian countries like Vietnam, Taiwan, Bangladesh, and South Korea, Indonesia has not become an attractive investment choice. One of the reasons for this is the difficulty of the various regulations governing the licensing process. This article aims to identify the efforts of the Indonesian government in improving the licensing regulations to increase foreign investment. In order to focus on this issue, the normative legal research method is used, employing secondary data consisting of primary, secondary, and tertiary legal materials. Furthermore, the data is analyzed descriptively and prescriptively. To encourage an increase in foreign investment, it is necessary to harmonize various legislation using the omnibus law formation method. This method aims to create synergy between regulations related to investment under one legal umbrella, including investment regulations, licensing, labor, and more. However, the implementation of this method has faced challenges due to the Constitutional Court's ruling stating that the Job Creation Law is contrary to the 1945 Constitution and does not have conditionally binding legal force. © 2023, Faculty of Law, Universitas Muslim Indonesia. All rights reserved.
Faculty of Law, Universitas Muslim Indonesia
25990462
English
Article
All Open Access; Gold Open Access
author Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
spellingShingle Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
author_facet Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
author_sort Dewi A.A.S.L.; Rahayu M.I.F.; Ujianti N.M.P.; Saripan H.; Wibisana A.A.N.A.
title The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
title_short The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
title_full The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
title_fullStr The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
title_full_unstemmed The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
title_sort The Urgency of Indonesian Omnibus Law Implementation Related to Foreign Investment
publishDate 2023
container_title Substantive Justice International Journal of Law
container_volume 6
container_issue 2
doi_str_mv 10.56087/substantivejustice.v6i2.239
url https://www.scopus.com/inward/record.uri?eid=2-s2.0-85213305842&doi=10.56087%2fsubstantivejustice.v6i2.239&partnerID=40&md5=e230069dbddf376840cb5f81fd2ba122
description One source of foreign funding that can be used to finance Indonesia's national development is foreign investment. However, compared to other Asian countries like Vietnam, Taiwan, Bangladesh, and South Korea, Indonesia has not become an attractive investment choice. One of the reasons for this is the difficulty of the various regulations governing the licensing process. This article aims to identify the efforts of the Indonesian government in improving the licensing regulations to increase foreign investment. In order to focus on this issue, the normative legal research method is used, employing secondary data consisting of primary, secondary, and tertiary legal materials. Furthermore, the data is analyzed descriptively and prescriptively. To encourage an increase in foreign investment, it is necessary to harmonize various legislation using the omnibus law formation method. This method aims to create synergy between regulations related to investment under one legal umbrella, including investment regulations, licensing, labor, and more. However, the implementation of this method has faced challenges due to the Constitutional Court's ruling stating that the Job Creation Law is contrary to the 1945 Constitution and does not have conditionally binding legal force. © 2023, Faculty of Law, Universitas Muslim Indonesia. All rights reserved.
publisher Faculty of Law, Universitas Muslim Indonesia
issn 25990462
language English
format Article
accesstype All Open Access; Gold Open Access
record_format scopus
collection Scopus
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