Reformasi Hukum Penanaman Modal di Indonesia: Analisis Yuridis terhadap Kebijakan Dasar Penanaman Modal Bagi Usaha Mikro, Kecil, dan Menengah

Abstract

National income of a country is always supported by investment activities, government expenditure, household consumption, and trade (export-import). However, if we investigate further, all of them cannot be seperated from investment activities. Therefore, it can be said that investment is a backbone of the national economic development. Unfortunately, the Indonesian government has not implemeted an accurate policy and regulation to encourage the investment activities as the strategy of the prosperity target for the whole people. The Indonesian government’s policy and regulations in investment today still promotes liberal-individualistic values and principles. Therefore, it is clearly seen that the government still take the side of the big business sector in all its policies and regulations in investment through giving big opportunity to investors from all over the world without any effort to specifically protect small businesses. This condition is caused by the negligence of implementing the mandate for national economic governance based on economic democracy as it is specified in Article 33 of the 1945 Indonesian Constitution as the spirit of the whole laws and regulations so that the orchestration of the investment activities is not able to advance the prosperity for the whole people. This research uses juridical normative research method. The result of the research suggests that the policy and the regulations in investment in Indonesia seems to take the side of the participation of the interest of corporation and to ignore the rule of the whole people who generaly depend on the UMKM (Micro, Small, and Medium Enterprises) sector for their livelyhood and/or their income. Therefore, it is recommended that the government perform legal reform fundamentaly on various policies and regulations in investment and take the side of UMKM by accomodating the participation of the interest of its business people in establishing various policies and regulations. By this method, the policies and regulations in investment in Indonesia can make UMKM as the paradigm and perspectives in it so that all investment activities performed by the government can actually realize the prosperity for the whole people.