Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research Article

Indonesian Model Foreign Direct Investment (Omnibus Law): Learning from China

Download484 downloads
  • @INPROCEEDINGS{10.4108/eai.18-11-2020.2311768,
        author={Diana  Setiawati and Chrisna Bagus Edhita  Praja and Hary Abdul  Hakim and Muhammad Bagus Boy  Saputra},
        title={Indonesian Model Foreign Direct Investment (Omnibus Law): Learning from China},
        proceedings={Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={BIS-HSS},
        year={2021},
        month={9},
        keywords={foreign direct investment omnibus law china},
        doi={10.4108/eai.18-11-2020.2311768}
    }
    
  • Diana Setiawati
    Chrisna Bagus Edhita Praja
    Hary Abdul Hakim
    Muhammad Bagus Boy Saputra
    Year: 2021
    Indonesian Model Foreign Direct Investment (Omnibus Law): Learning from China
    BIS-HSS
    EAI
    DOI: 10.4108/eai.18-11-2020.2311768
Diana Setiawati1,*, Chrisna Bagus Edhita Praja2, Hary Abdul Hakim2, Muhammad Bagus Boy Saputra2
  • 1: Department of Financial and Economic Law, Asia University, Taiwan
  • 2: Faculty of Law, Universitas Muhammadiyah Magelang, Indonesia
*Contact email: diana.setiawati96@gmail.com

Abstract

The paper responds on critical aspects between Indonesian Foreign Direct Investment Regulation (FDI) Act and China Foreign Investment Laws (FIL). China is relatively more developed, socially and economically over other countries, as viewed by scholars and foreign investors as an ideal place for foreign direct investment, partly due to its well-educated population, low labor costs, natural resources, and the adoption of an open-door policy. China have made remarkable FDI accomplishment through their own ways. Meanwhile, Indonesia is using an omnibus legislative strategy to entice foreign investors to invest in the country by modifying 74 FDI regulations. The study took a comparative approach to normative legal research. In addition, the goal of this study is to introduce the FDI legal model to Indonesia. And explores the debate issue on whether creating the omnibus law is a contradiction to Indonesian legal system. Moreover, intends to conclude by arguing that Indonesia should reconsider the omnibus law approach and refer to the lesson from the experience of China and Singapore.