Jurisdictional Challenges and Investor Protections: Lesson Learned from Indonesia's Failure to Safeguard Foreign Investments during Asian Financial Crisis
Firos Justin Sumantri, Irna Nurhayati, S.H., M.Hum., LL.M., Ph.D.
2025 | Skripsi | ILMU HUKUM
This research examines jurisdictional contentions made by the Parties in the investment disputes during the Asian Financial Crisis, and to analyse whether such contentions are aligned with the precedents set forth in international investment disputes. This research further examines the claims and measures made by the Parties, while also analysing the causes of Indonesia’s failure to protect foreign investments and the justifiability of its measures. Lastly, this research further analyses Indonesia's legal framework for investor protections during the Asian Financial Crisis and proposes improvements to prevent future international investment disputes.
This research uses a normative approach to examine Indonesia’s foreign investment disputes during the Asian Financial Crisis, focusing on jurisdictional and substantive issues in the Himpurna and KBC cases. It assesses the legality of Indonesia’s measures under international investment law based on presidential decrees, investment contracts, case laws, and supporting literature. Furthermore, this research analysis was conducted through qualitative research, by collecting data through case studies-based approach.
This legal writing finds several key aspects, such as Indonesia’s failure to comply with the precondition to arbitration requirements in the contract and Indonesia’s misinterpretation of the subject-matter of the dispute with foreign investors in the jurisdictional stage of the cases, and Indonesia’s breach of standards of protection towards foreign investors during the Asian Financial Crisis through arbitrary measures such as enactment of several Presidential Decrees without any due process with foreign investors and failure to honour IPP contract provisions. Lastly, this legal writing finds recommendations for Indonesia’s current legal framework to prevent international investment disputes in the future.
Kata Kunci : Investasi Asing, Hukum Investasi, Perlindungan Investor, Krisis Keuangan Asia, Yurisdiksi, Langkah-langkah Pemerintah