The Role of Subnational Governments, Local Parliaments and Non- Governmental Organisations in Negotiating Project Governance
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Backlash Against Foreign Investment Regime: Indonesia’S Experience
Backlash against Foreign Investment Regime: Indonesia’s Experience Herliana A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2017 Reading Committee: Dongsheng Zang, Chair John O. Haley Melissa Durkee Program Authorized to Offer Degree: School of Law ©Copyright 2017 Herliana ii University of Washington Abstract Backlash against Foreign Investment Regime: Indonesia’s Experience Herliana Chair of the Supervisory Committee: Professor Dongsheng Zang School of Law This study investigates Indonesia’s changing attitude from embracing to repudiating foreign direct investments. Opened its door for foreign investment in the late of 1960s and enjoyed significant economic growth as the result, the country suddenly changed its foreign investment policy in 2012 to be more protectionist towards domestic investors and skeptical towards foreign investors. The essential issues to be discussed in this research are: what motivates Indonesia to move away from global investment regime; what actions the country has taken as manifestation of resentment against the regime; and who are the actors behind such a backlash. This is a qualitative study which aims at gaining a deep understanding of a legal development of Indonesia’s foreign investment. It aims to provide explanation of the current phenomenon taking place in the country. Data were collected through interviews and documents. This research reveals that liberalization of foreign investment law has become the major cause of resentment towards the foreign investment. Liberalization which requires privatization and openness toward foreign capital has failed to deliver welfare to the Indonesian people. Instead, foreign investors have pushed local business players, especially small and medium enterprises, out of the market. -
Law and Politics of Constitutional Courts: Indonesia and the Search for Judicial Heroes / Stefanus Hendrianto
“With rare exceptions, such as the courts headed by John Marshall and Earl Warren, it was not common until recently to explain the work-product of consti- tutional courts by focusing on their leadership. Now, however, a number of writ- ers have begun to emphasize the importance of the chief justice in guiding courts to be bold or cautious, expansive or restrictive, in their constitutional decisions. With his extensive knowledge and with great judiciousness, Stefanus Hendrianto has examined the important role of chief justices of the Constitutional Court of Indonesia. He shows convincingly that leadership can indeed make a major dif- ference in the emergence of constitutional doctrine, as he examines the work of the Court and compares it to similar courts elsewhere. This is an important work of comparative constitutional law and politics that will repay careful study.” Donald L. Horowitz, Duke University, USA and author of Constitutional Change and Democracy in Indonesia “This book is a major contribution to comparative constitutional studies. It pro- vides a crisp and authoritative account of the early jurisprudence of the Indonesian Constitutional Court, a highly active and creative court operating in one of the world’s largest democracies. It also offers a fascinating account of the role of Chief Justice Jimly Asshiddiqie as the leader of that court, and in doing so makes an important contribution to broader debates about the role of constitutional judges—and different styles of constitutional judging—in the consolidation of constitutional democracy.” Rosalind Dixon, UNSW Sydney, Australia “This fascinating study of the Indonesian Constitutional Court introduces an entirely new concept for understanding judicial power: the judge as a heroic figure. -
Number 155 • JANUARY 2020 I 5Th and 6Th Floor, Constitutional Court Building Jl
Number 155 • JANUARY 2020 i 5th and 6th Floor, Constitutional Court Building Jl. Medan Merdeka Barat No. 6 Jakarta Pusat ii Number 155 • JANUARY 2020 Number 155 • January 2020 Editorial Greetings DIRECTING BOARD: he year 2020 brought changes to the Constitutional Court (MK), I Dewa Anwar Usman • Aswanto • Arief Hidayat Palguna who has served as a constitutional judge for two periods Enny Nurbaningsih • Wahiduddin Adams Tentering retirement. His successor was Constitutional Judge Daniel Suhartoyo • Manahan MP Sitompul Yusmic P. Foekh for the 2020-2025 period. Meanwhile Suhartoyo returned to Saldi Isra • Daniel Yusmic Pancastaki Foekh be a constitutional judge for the second time with a term of office 2020-2025. DIRECTOR: The event of the change of constitutional judges became one M. Guntur Hamzah of the interesting news that was raised in the January 2020 edition EDITOR IN CHIEF: of the Konstitusi magazine. Then to get to know Daniel Yusmic Heru Setiawan P. Foekh as the new judge, the editorial team of the Konstitusi magazine interviewed specifically as outlined in the “talk show” rubric. DEPUTY EDITOR-IN-CHIEF: Fajar Laksono Suroso Meanwhile the “Main Report” discusses the news of the judicial review of Law Number 42 of 1999 concerning Fiduciary Guarantees filed by Apriliani Dewi MANAGING EDITOR: Mutia Fria Darsini and Suri Agung Prabowo. The Constitutional Court stated that the Petitioners’ petition was legally based in part. the court stated that the execution of fiduciary EDITORIAL SECRETARY: guarantees must not be carried out solely by the fiduciary recipient (creditor), Tiara Agustina but must file a petition to the district court. -
Number 163 • September 2020 I 5Th and 6Th Floor, Constitutional Court Building Jl
NO. 163 - September 2020 - ISSN: 1829 7692 www.mkri.id KONSTITUSIE-MAGAZINE Conventional Internet& Broadcasting Number 163 • September 2020 i 5th and 6th Floor, Constitutional Court Building Jl. Medan Merdeka Barat No. 6 Jakarta Pusat ii Number 163 • September 2020 Nomor 163 • September 2020 Editorial Greetings DIRECTING BOARD: Anwar Usman • Aswanto • Arief Hidayat ession after trial continues at the Constitutional Court (MK). This includes Enny Nurbaningsih • Wahiduddin Adams lectures, seminars and public lectures from constitutional judges on various Suhartoyo • Manahan MP Sitompul Sactual and informative themes. Everything is done virtually, adjusted to the Saldi Isra • Daniel Yusmic Pancastaki Foekh Covid-19 pandemic that is still hitting. However, the positive side is accepted by the DIRECTOR: general public, academics, practitioners in the field of constitutional law despite M. Guntur Hamzah the pandemic. They are grateful for the frequent presence of constitutional judges online delivering various materials almost every week, so they can communicate EDITOR IN CHIEF: Heru Setiawan quickly and directly. The existence of strict Large-Scale Social Restrictions (PSBB) in Jakarta DEPUTY EDITOR-IN-CHIEF: Fajar Laksono Suroso means that the Court›s hearings may only be attended by the Panel of Judges and court officials. The Constitutional Court trial was held without the presence of the MANAGING EDITOR: litigant parties, they were only allowed to attend the trial virtually. Mutia Fria Darsini In this edition, KONSTITUSI Magazine Editor discusses the viral case in EDITORIAL SECRETARY: the community regarding the RCTI and iNews lawsuit regarding the Broadcasting Tiara Agustina Law. Is it true that the lawsuit of these two private television stations in EDITOR: Indonesia will affect the existence of content creators that are currently rife in Nur Rosihin Ana society? A more complete review can be found in the Main Report rubric .