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All Journal Substantive Justice International Journal of Law Jambura Law Review
Maharani, Ferra Tiara
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Law, Crime, Criminology & Criminal Justice

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Protection Bilateral Investment Treaty as Treaty of International Discussion Resolution Supporting Indonesia Reform Ningsih, Ayup Suran; Niravita, Aprila; Masyhar, Ali; Suhadi, Suhadi; Bin Hassan, Muhammad Sayuti; Sulistianingsih, Dewi; Shidqon Prabowo, Muchammad; Ramli, Asmarani; Wedhatami, Bayangsari; Maharani, Ferra Tiara; Wardhani, Harumsari Puspa
Susbtantive Justice International Journal of Law Vol 7 No 1 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i1.274

Abstract

The implementation of the Bilateral Investment Treaty in Indonesia with foreign investors must still pay attention to the existence of Indonesian state sovereignty. State sovereignty must be maintained by the host state to maintain the existence of the country in the international world. BIT has the main function as an international legal instrument that is useful in foreign investment activities with reciprocal relations in obtaining benefits between the guarantee of legal protection of the home state of foreign investors and the economic growth of the host state. BIT signatories are theoretically balanced and reciprocal, but they are often detrimental to host states, most of which come from developing countries. This research aims to find out the extent of Indonesia's implementation of BIT and still protect the existence of state sovereignty. The method used in this research uses normative and comparative juridical and this research has an analytical descriptive nature. Normative legal research is obtained by studying the Churchill Mining case approach and collecting data from articles, web, books, and websites and then comparing the implementation of BITs in Indonesia as a developing country and the United States as a developed country and comparing the implementation of BITs in fellow developing countries between Indonesia and Brazil. The first victory achieved by Indonesia against Churchill Mining in the resolution of the international investment dispute at the ICSID forum proved the BIT reform in Indonesia that continues to develop. This study showed that: first, The Bilateral Investment Agreement provides legal protection guarantees for foreign investors and settlement of settlement disputes through ICSID, an international investment settlement arbitration agency between the two countries that signed the BIT so that the BIT is a protection guarantee for investors. Second, Indonesia's victory against Churchill Mining proves that it has reformed the BIT that applies to Indonesia in a balanced manner to provide legal protection (host state) and the existence of state sovereignty (home state).
Jurisdiction in Financial Crime: A Legal Analysis of the Investigative Authority of Indonesia’s Financial Services Authority in Money Laundering Cases Ningsih, Ayup Suran; Prananingtyas, Paramita; Salwa, Adinda Maura; Maharani, Ferra Tiara; Wardhani, Harumsari Puspa
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.27147

Abstract

Act Number 4 of 2023 expands the  Financial Services Authority (known as Otoritas Jasa Keuangan/OJK), as the leading sector in investigating money laundering crimes initiated by criminal acts in the financial services sector. However, this provision has resulted in many legal ambiguities, such as who can explore the predicate crime, what the optimal division of authority between the police and the OJK is, and what the consequences of the OJK's authority as a sole investigator. This article is here to identify the legal ambiguities arising from the expansion of OJK authority and to offer solutions that focus on strengthening harmonization and coordination between related institutions. The approach includes an analysis of available legal instruments, relevant case studies, and other policies used to address financial service crimes, such as banking fraud. The results of this study are expected to contribute positively to the expansion of the authority of the OJK in enhancing the effectiveness of money laundering investigations. In addition, this article also contributes to providing concrete recommendations to overcome legal ambiguities by strengthening cooperation between institutions and formulating more integrated policies.
Co-Authors Ali Masyhar Aprila Niravita, Aprila Bin Hassan, Muhammad Sayuti Dewi Sulistianingsih Ningsih, Ayup Suran Paramita Prananingtyas Ramli, Asmarani Salwa, Adinda Maura Shidqon Prabowo, Muchammad Suhadi Suhadi Wardhani, Harumsari Puspa Wedhatami, Bayangsari