INVESTMENT LAW Department

INTERNATIONAL PROGRAM
LAW DEPARTMENT – UNIVERSITAS ISLAM INDONESIA
Subject
: INVESTMENT LAW
Department
: International Program
Lecturer
: Dr. Siti Anisah, S.H., M.Hum.
Email
: [email protected]
Phone
Credit (CP)
Pre-requisites
Consultation times
: 08122771634
:2
: Commercial Law
: By Appointment
Subject overview:
Since the middle of 1997, Indonesia has faced its most severe economic crisis. The
program has had several major revisions and includes major structural reforms, which
should ultimately result in an improved investment climate. The Indonesian government
continues its policy of actively encouraging domestic and foreign investments and issued
several new regulations since 1998 to ease the increasing of capital into Indonesia. The
elimination of many restriction of foreign investments have governed since June 1998
such as elimination of restriction of foreign investment retail operations, foreign
participation in distribution services, and several previously restricted sectors were
opened, including harbours, electricity generation, telecommunications, shipping airlines,
and railway. In 2007 new act on investment was enacted. This regulation amalgamated
domestic and foreign investment, and arranged based on the any international
conventions that was signed by Government of Indonesia.
Subject Objectives
It is imperative for student to understand the working of investment law particularly
direct investment, the issues of investment in Indonesia, and the settlement of dispute
between Contracting State and National of the Contracting State and Disputes between
Contracting Party and Investor. Furthermore, investment prospect in Indonesia,
investment policy in ‘Otonomi Daerah’ Era, and Municipality Investment.
Materials and References
Adolf, Huala, Perjanjian Penanaman Modal dalam Hukum Perdagangan Internasional
(WTO), Jakarta: Grafiti, 2004.
Anisah, Siti, Bahan Kuliah Hukum Investasi (Peraturan Perundang-Undangan, Konvensi
Internasional, Artikel, Berita), Yogyakarta: FH UII, 2008.
Anoraga, Pandji, Perusahaan Multinasional dan Penanaman Modal Asing, Jakarta:
Pustaka Jaya, 1995
Dhaniswara K, Harjono, Hukum Penanaman Modal, Jakarta: Grafiti, 2007.
Bagus Wyasa Putra, Ida, Aspek-aspek Hukum Perdata Internasional dalam Transaksi
Bisnis Internasional, Bandung: Refika Aditama, 2000
Gautama, Sudargo, Indonesia dan Konvensi-Konvensi Hukum Perdata Internasional,
Bandung: Alumni, 2002
Jeddawi, Murtir, Memacu Investasi di Era Otonomi Daerah, Kajian Beberapa Perda
tentang Penanaman Modal, Yogyakarta: UII Press, 2005
Lubis, T Mulya & Buxbaum, Richard M., Peranan Hukum dalam Perekonomian di
Negara Berkembang, Jakarta: Yayasan Obor Indonesia, 1986
Muchlinski, Peter, Multinational Enterprises and the Law, Oxford: Blackwell Publishers,
Ltd., 1999.
Panjaitan, Hulman & Anner Mangatur Sianipar, Hukum Penanaman Modal Asing,
Jakarta: Indhill , 2008
Pritchard, Robert, Economic Development Foreign Investment, and the Law, Issues of
Private Sector Involvement Foreign Investment and the Role of Law in New
Era, Netherland: Kluwer Law International, 1996.
Rachbini J, Didik, Arsitektur Hukum Investasi Indonesia (Analisis Ekonomi Politik),
Jakarta: Indeks, 2008.
Rajagukguk, Erman, Hukum tentang Investasi dan Pembangunan (Karangan, Komentar
dan Berita), Jakarta: Fakultas Hukum Universitas Indonesia , 1994
-------------, Hukum Investasi di Indonesia, Jakarta: Universitas Al-Azhar Indonesia ,
2007
Rokhmatuss’dyah, Ana, & Suratman, Hukum Investasi dan Pasar Modal, Jakarta: Sinar
Grafika, 2009.
Salim H.S., & Budi Sutrisno, Hukum Investasi di Indonesia, Jakarta: Rajawali Pers , 2008
Sumatoro, Hukum Ekonomi, Jakarta: UI Press, 1986
-------------, Bunga Rampai Permasalahan Penanaman Modal dan Pasar
Modal/Problems of Investment in Equities and in Securities, Jakarta: Bina
Cipta, 1984
Supanca, Ida Bagus Rahmadi, Kerangka Hukum Kebijakan Investasi Langsung di
Indonesia, Jakarta: Ghalia Indonesia, 2006
Van Houtte, Hans, The Law of International Trade, London: Sweet & Maxwell, 1995
Assessment
The final grade will be determined by a composite evaluation of the student’s
performance on the following assessment areas:
Task
Assignment
Value
10%
Essay
Class Participation
Mid Term Exam
Final Exam
20%
10%
30%
30%
Deadline
Before midterm exam (week 5) and after
midterm exam (week 11)
Before final exam (week 14)
During the semester
Week 8
Week 16
Assignments
Two assignments will be given during the semester. The first assignment requires a
search about current issues investment motivation in Indonesia and generally students
must then write a report of 2000-2500 words. The second assignment requires student to
write a report of 2000-2500 word that gives an analysis of the presentation of the issues
in joint venture agreement in Indonesia.
Essays
In order to assess students understanding in investment law subject, the students are
obliged to analyse an actual case that occurs in practice related to the implementation of
international convention on investment about a 2000-2500 words. The precise topic will
be announced in week 10, and the paper must be submitted in week 14. The assay must
be written individually.
Class Participation
In every meeting, students are hoped for participate in the class, such as asking question
and answer the teacher’s question.
Examination
The midterm test will be held as scheduled by the Department of International Program.
The final exam will be held at the end of semester. The exams involve several short
answer questions. The exams are 90 minutes in duration.
Grading System
A
A-
A/B
B+
B
B-
B/C
C+
C
C-
C/D
D+
D
E
86100
8385
8082
7679
7175
7068
6467
6163
5660
5355
4952
4548
3544
034
Policy on assessment
Essays and assignments will not be accepted after the due date unless arrangements for an
extension of time have been made prior to the due date.
If you do not agree with the result that you achieve for any piece of assessment for this
subject please contact the lecturer immediately. You have a right to know the reasons
why your work has received a certain grade and to request a better grade if you believe
your work has been unfairly assessed.