Perlindungan Hukum terhadap Investor atas Nasionalisasi Perusahaan Penanaman Modal Asing

Abstract

The purpose of this research is to find out the relevance of legal arrangements for the nationalization of foreign investment company in Undang-Undang Nomor 25 Tahun 2007 concerning Investment (UUPM) with Indonesia other regulations and forms of legal protection for investors nationalization of foreign investment companies. Type of this research is Normative Juridical due to the blurring of norms regarding legal arrangements for nationalization measures in Article 7 UUPM by using statute approaches, conceptual approaches and case approaches that results of the research are legal provisions for nationalization measures in UUPM have relevance with concept of Article 33 paragraph (2) and (3) UUD 1945 and legally can do if it’s for public interest, based on law, not discriminatory and followed by compensation. The form of legal protection; preventive legal protection through UUPM, making bilateral agreements, ratification of MIGA convention as an institution that provides insurance for investments made by foreign investors through Keppres Nomor 31 Tahun 1986 and for repressive legal protection, namely the settlement of disputes through arbitration institution (ICSID) which was born from 1965 Washington Convention and ratified by Indonesia through Undang-Undang Nomor 5 Tahun 1968 concerning the Settlement of Disputes between States and Foreign Citizens regarding Investment.