Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Foreign investment (2)
- Renewable energy (2)
- Aircraft, aviation, mortgage (1)
- Arbitration, conflict of laws, seat of arbitration, governing law, Singapore, Indonesia (1)
- Compensation (1)
-
- Expropriation (1)
- Inheritance, private international law, foreign elements, choice-of-law principles, Vietnamese Civil Code (1)
- Interest. (1)
- Like circumstances. (1)
- Mfn (1)
- Multilaterlisation (1)
- Nemo plus iuris, nemo dat, bona fides, good faith (1)
- Non-exclusive choice of forum, Indonesian international procedural law, dispute (1)
- Online Dispute Resolution in India, Online Dispute Resolution in Indonesia, Information Technology Act ("IT Act"), 2008, Judicial Response, Constitutional Validity (1)
- Property Rule, Liability Rule, Shareholders Protection, Conflict Of Interest Transaction (1)
- RED II, Discriminatory Measures, National Treatment, and Palm Oil (1)
- Regulation, Ownership right to flat units, Foreigner, Job Creation Law (1)
Articles 1 - 11 of 11
Full-Text Articles in Comparative and Foreign Law
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman
Indonesia Law Review
Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …
Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang
Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang
Indonesia Law Review
On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs …
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
Indonesia Law Review
Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam
Indonesia Law Review
Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism …
Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.
Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.
Indonesia Law Review
International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …
The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina
The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina
Indonesia Law Review
Abstract
A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …
Conflicts Of Laws And Jurisdictions In Indonesia-Related Arbitrations Seated In Singapore – Perspectives From The Tribunal, Gary F. Bell
Conflicts Of Laws And Jurisdictions In Indonesia-Related Arbitrations Seated In Singapore – Perspectives From The Tribunal, Gary F. Bell
Indonesia Law Review
This article discusses the issues of conflicts of laws that may arise when the parties, including an Indonesian party, have a contract governed by Indonesian law which includes an arbitration clause that states that the seat of the arbitration is Singapore. After discussing the rules of conflict of laws applicable to the choice of a substantive law governing the contract and the arbitration clause, the article discusses the difficulties that parties and the tribunal often face in an arbitration in which Indonesian law is the governing law. It then discusses conflict rules affecting the validity of the arbitration agreement and …
The Regulation Of The Ownership Of Flats By Foreigners After The Enactment Of The Job Creation Law, Made Suksma Prijandhini Devi Salain, I Dewa Gede Palguna, I Gusti Ngurah Parikesit Widiatedja
The Regulation Of The Ownership Of Flats By Foreigners After The Enactment Of The Job Creation Law, Made Suksma Prijandhini Devi Salain, I Dewa Gede Palguna, I Gusti Ngurah Parikesit Widiatedja
Indonesia Law Review
The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners …
The Legal Problem Of Aircraft Mortgage In Indonesia, Feri Wirsamulia
The Legal Problem Of Aircraft Mortgage In Indonesia, Feri Wirsamulia
Indonesia Law Review
This article aims to analyze the urgency of aircraft mortgage regulation to provide an alternative solution for airlines that requires a loan to maintain their cash flow sufficiently by placing their aircraft as debt collateral. Since the issuance of Law Number 1 of 2009 on Aviation, the provisions regarding aircraft mortgage as debt collateral was removed from the previous Aviation Law Number 15 of 1992. Article 12 Paragraph (1) of Law Number 15 of 1992, governed that aircraft could be subject to mortgages, however, this provision was abolished by the new Aviation Law Number 1 of 2009. Article 465 of …
Choice-Of-Law Principles In Inheritance Relations Involving Foreign Element(S) Under Vietnamese Private International Law, Nguyen Phan Khoi, Bui Thi My Huong
Choice-Of-Law Principles In Inheritance Relations Involving Foreign Element(S) Under Vietnamese Private International Law, Nguyen Phan Khoi, Bui Thi My Huong
Indonesia Law Review
Inheritance relations with a foreign element(s) are a part of civil relations with a foreign element(s) and are governed by Vietnamese private international law. This article aims to introduce the general principle and its supporting principles in the choice-of-law rules applicable to inheritance relations with a foreign element(s) under the private international law of Vietnam. In addition, the authors also look into the relevant regulations in the Law of the People’s Republic of China on the Law applicable to Foreign-related civil relations and the most recent draft of Private International Law of Indonesia3 to review the trend of national laws …
Implications Of Non-Exclusive Choice Of Forum Clauses In Determining The Competent Dispute Resolution Forum In Indonesia, Alvansa Vickya, Tiurma M.P. Allagan
Implications Of Non-Exclusive Choice Of Forum Clauses In Determining The Competent Dispute Resolution Forum In Indonesia, Alvansa Vickya, Tiurma M.P. Allagan
Indonesia Law Review
This research aims to analyze the implications of a non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia based on theories related to Private International Law, International Contract Law, and International Civil Procedure Law. Based on the results of this research, the implications of the non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia have not been fully regulated by Indonesian laws and regulations. This can be seen from the use of the doctrines of forum non conveniens, lis pendens, and res judicata, the three of which are still not …