Penghentian Bilateral Investment Treaty (BIT) Indonesia–Belanda Yang Dilakukan Secara Sepihak Oleh Indonesia

Herian, Muhammad Budi (2020) Penghentian Bilateral Investment Treaty (BIT) Indonesia–Belanda Yang Dilakukan Secara Sepihak Oleh Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

In order to cover capital constraints, Indonesia is committed to the Bilateral Investment Treaty for the sake of national economic development. The signing of the 1994 Indonesia-Netherlands BIT was the beginning of the protection of Dutch investors in investing in Indonesia. However, in March 2014 Indonesia stopped its BIT with the Netherlands unilaterally in consideration of national interests. The formulation of the problem in this study is how is the termination of Bilateral Investment Treaty (BIT) between Indonesia and the Netherlands carried out unilaterally by Indonesia for reasons of national interest viewed from the perspective of International Law, and whether the legal consequences of the termination of the Indonesia-Netherlands BIT are terminated unilaterally by Indonesia . This study uses a normative method, where the termination is reviewed based on secondary data consisting of primary, secondary and tertiary legal material, and based on its nature this research is descriptive. The results of this study that the termination of international treaties on the grounds of national interest is not allowed in international law. Due to the legal consequences of the unilateral termination, Indonesia must still protect Dutch investors until 2030 according to the BIT regulations and the possibility of investment disputes.

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