Diplomasi Indonesia dalam Mengahadapi Gugatan Arbitrase Internasional PT.Newmont Nusa Tenggara Terkait Pengembangan Industri Smelter

Abstract

This study tried to explain the efforts that the Government of Indonesia has done in maintaining consistency of the policies that have been established. Because these policies are contained in the national interest that must be realized for the sake of continuity of the State. One of the accomplishments of the national interest it is the policy of increasing the added value of mineral and coal mining results through the development of the processing industry and mineral extraction (Smelter) formulated into the Undang-Undang. No. 4 Tahun 2009 about Mineral and coal mining Company PT. Newmnt Nusa Tenggar refused to land policy and do not run the provisions contained therein. This can be seen from the establishment of the factory is not yet a smelter plant should be built by one of the largest gold mining company in the world. As a form of denial that, mine companies do various uaya to finally bringing This issue to the legal line through international arbitration, Tengku fakhry's lawsuit to the International Center for the Settlement of Investment Disputes (ICSID). Responding to such Government open negotiations to resolve the dispute space with this bold negotiations until finally finished with the various agreements. With the suspension of the arbitration lawsuit would not be separated from how the loby is done by Governments to multinational corporations. This research tries to look over the Government's efforts to resolve the issue in a lawsuit filed by the international arbitration PT. Newmont Nusa Tenggara diplomatically through the primary function of diplomacy itself i.e. the negotiations. Through these negotiations will look how the Government maintain national interests by making use of power. This type of research is qualitative research with data collection technique through the study of librarianship (Library Research). The acquired data obtained from books, journals, official documents, websites, and other documents.