Penyelesaian Sengketa Perbuatan Melawan Hukum Kerjasama Penanaman Modal Asing (Foreign Joint Venture) di Indonesia (Studi Putusan Nomor 862 K/Pdt/2020)

Abstract

Joint Venture as a bilateral agreement or agreement between countries designed with the aim of increasing the competitiveness and economic resources of the country. The problem in this study is the regulation regarding the settlement of disputes over unlawful acts of foreign investment cooperation (Foreign Joint Venture) based on positive law in Indonesia, forms of unlawful acts in foreign investment cooperation (Foreign Joint Venture) based on Decision Number 862 K/Pdt/2020, as well as considerations and decisions of judges regarding the settlement of disputes over PMH foreign investment cooperation based on Decision Number 862 K/Pdt/2020. This study uses a type of normative legal research that is descriptive analytical with a statutory approach and a case study approach. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data collection was carried out through literature studies with qualitative research data analysis. The results of the study indicate that the Regulation regarding the settlement of disputes over unlawful acts of foreign investment cooperation (Foreign Joint Venture) based on positive law in Indonesia is regulated in Law No. 25 of 2007 concerning amendments to Law Number 6 of 1968 concerning Domestic Investment in conjunction with Law Number 1 of 1967 concerning Foreign Investment. Forms of unlawful acts in foreign investment cooperation (Foreign Joint Venture) based on Decision Number 862 K/Pdt/2020 include violations of joint venture agreements, non-transparent management, abuse of power or position, failure to comply with national laws and BKPM regulations, and violations of the principle of good faith. Analysis of the considerations and decisions of judges related to the settlement of PMH disputes in foreign investment cooperation based on Decision Number 862 K/Pdt/2020 can be carried out by analyzing Elements of unlawful acts in foreign investment cooperation and Legal certainty in efforts to resolve foreign investment cooperation disputes.