New Search

Export article
Open Access

Eksistensi Pemberantasan Korupsi dalam Perjanjian investasi Internasional di Indonesia

Hesti Widyaningrum
Published: 10 December 2018
INTEGRITAS , Volume 4, pp 19-19; doi:10.32697/integritas.v4i2.275

Abstract: The International Investment Agreements can actually weaken the existence of law enforcement in Indonesia over the eradication of corruption. Surely, an International Investment Agreementa in Indonesia should include a prohibition of corruption in pre, post and International Investment Agreements as India did in their model Bilateral Investment Treaties (BIT). In addition, Investors can sue the State for corruption law enforcement against him, through legal gap in fair n Equitable Treatment (FET) content on the grounds of "denial of justice." Futhermore, Investor-State Dispute Settlement (ISDS) mechanism content further strengthens Investor positions in International Arbitration, because only Investors can sue countries with compensation of up to billions of dollars. As a result, the State losses become 2 (two) times, the losses incurred by the act of corruption committed by the defendant and the cost of the case in International Arbitration. Similarly, Indonesia should also immediately adopt the FET concept in the Indonesia-New Model BIT where this content limits Investors to sue the State even in criminal law enforcement.
Keywords: Treatment / model / corruption / Indonesia / losses / law enforcement / investors / international investment / agreements / sue

Scifeed alert for new publications

Never miss any articles matching your research from any publisher
  • Get alerts for new papers matching your research
  • Find out the new papers from selected authors
  • Updated daily for 49'000+ journals and 6000+ publishers
  • Define your Scifeed now

Share this article

Click here to see the statistics on "INTEGRITAS" .
Back to Top Top