LEGAL PROTECTION FOR PARTIES IN JOINT VENTURE AGREEMENTS FOR THE ESTABLISHMENT OF FOREIGN INVESTMENT LIMITED LIABILITY COMPANIES (PT. PMA) IN INDONESIA

Abstract Based on various descriptions of several cases of the establishment of Foreign Investment Limited Liability Companies (PT. PMA) in Indonesia, it shows that in the establishment of PT. PMA in Indonesia there is no guarantee of legal protection for the parties in the cooperation agreement for the establishment of PT. PMA. This study is intended to answer several legal issues, namely: What is the philosophical basis for the application of the principle of nationality in the Basic Agrarian Law; How is the guarantee of legal certainty in the Cooperation agreement for the establishment by Foreign Citizens (WNA) in Indonesia; and how is the Cooperation scheme in the establishment of PT. PMA that can guarantee legal protection for the parties, both Indonesian Citizens (WNI) and WNA. This study uses the method of statute approach, conceptual approach and case approach. The results of the study show: 1). The philosophical basis for land ownership only for Indonesian citizens, which is regulated in the Basic Agrarian Law (UUPA) No. 5 of 1960, is related to the principle of state sovereignty and national interests. State sovereignty views land as an integral part of the territory and national wealth, so that land ownership must be regulated by the state to guarantee common interests. The principle of state sovereignty states that land is a national asset controlled by the state. 3). That in order to avoid losses for the parties in the establishment of PT. PMA in Indonesia, one solution that can be offered to ensure the existence of a cooperation agreement for the establishment of PT. PMA that reflects the principle of justice, one of which is to adopt the concept of utilizing state/regional assets as regulated in Government Regulation Number 27 of 2014 concerning the management of state property, which stipulates in the land utilization cooperation agreement contract that there is a fixed contribution payment and profit sharing to the land owner by the investor. So that when the contract expires, the land ownership rights return to the Land Rights Owner (WNI).