INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT

Republic of Indonesia as a country open for investor who want to invest, this shown through Indonesia's willingness to bound by Bilateral Investment Treaty (BIT) with related countries and agreements require investment in Indonesia. Indonesian Government act towards the presence foreign investors is intended, so there's no discrimination against domestic investor through investment law, other law related to investor business, and agreements between countries as basis investment in Indonesia. Behind of Indonesia's welcoming and openness to foreign investment, Republic of Indonesia has faced the Internationale Centre for Settlement of Investment Disputes (ICSID) trial for seven times with varying results each case. Therefore, this study aims to evaluate and analyze attidute Republic of Indonesia in ICSID arbitration trial through all case Indonesia has gone through, by looking at the trial. The results of the study show Indonesia's progressive attitude in responding and providing to ICSID board as Indonesia Government play a real role in the presence of foreign investment, and is adaptive to the principles of the ICSID trial. Further evaluation needed regarding the validity of ICSID membership both in terms of the system and implementation Indonesia can obtain real benefits as an ICSID member in future arbitration proceedings.

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Publication Details

Journal
Jurnal Impresi Indonesia
Published
2025-06-17
DOI
https://doi.org/10.58344/jii.v4i6.6527
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT

Ary Simanjaya
1 links
Jurnal Impresi Indonesia
Indonesian Legal and Regulatory Studies
article

INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT

Ary Simanjaya
article en

Abstract

Republic of Indonesia as a country open for investor who want to invest, this shown through Indonesia's willingness to bound by Bilateral Investment Treaty (BIT) with related countries and agreements require investment in Indonesia. Indonesian Government act towards the presence foreign investors is intended, so there's no discrimination against domestic investor through investment law, other law related to investor business, and agreements between countries as basis investment in Indonesia. Behind of Indonesia's welcoming and openness to foreign investment, Republic of Indonesia has faced the Internationale Centre for Settlement of Investment Disputes (ICSID) trial for seven times with varying results each case. Therefore, this study aims to evaluate and analyze attidute Republic of Indonesia in ICSID arbitration trial through all case Indonesia has gone through, by looking at the trial. The results of the study show Indonesia's progressive attitude in responding and providing to ICSID board as Indonesia Government play a real role in the presence of foreign investment, and is adaptive to the principles of the ICSID trial. Further evaluation needed regarding the validity of ICSID membership both in terms of the system and implementation Indonesia can obtain real benefits as an ICSID member in future arbitration proceedings.

Jurnal Impresi IndonesiaVol. 4(6)
University of Indonesia (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 83%
Indonesian Legal and Regulatory Studies
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INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT — Ary Simanjaya · Jurnal Impresi Indonesia (2025) | TGRS Research Map | TGRS