Karya Ilmiah

DISERTASI (304) - Perlindungan Kepentingan Nasional Pada Kebijakan Divestasi Saham Penanaman Modal Asing sektor Pertambangan Mineral Dan Batubara

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The idea of this research is based on the idea of the importance of finding the
national interest principle based on the Constitution, especially in the shares
divestment policy of foreign direct investment in the mineral and coal mining
sector. The Indonesian mining industry has a strategic position in the eyes of
foreign investors. The shares divestment policy in the Indonesian mining sector
still holds a major problem regarding the price of the divested shares it should be
set. This regulation regarding the divestment of the shares which is still
problematic has several negative impacts.
In this research, national interests are principles that promote social justice
as mandated in the fifth principle of Pancasila, which must be put forward above
other interests. National interests constitute the interests of a country which can
be interpreted as "all matters relating both directly and indirectly to the
achievement of the objectives of the State as in the 1945 Constitution of the
Republic of Indonesia". National interests not only pay attention to the interests of
their own country but should also pay attention to the interests of other countries.
The scope of national interests generally constitutes the order and welfare of a
country which guarantees that its citizens have a good quality of life. National
interests in the natural resources sector based on the constitution are State
control over natural resources, which includes policies and management actions,
regulation, supervision, and management, guaranteeing that the mining sector
policy aimed at the greatest prosperity of the people and maximizing the role of
foreign investors in the country's economy. The theory and principle that have
been found and can be used by the Government in making decisions about shares
divestment in the mining sector are Public Choice Theory (PCT) and Rational
Choice Theory (RCT). To support the argumentation in the decision making using
PCT and RCT, the principle found and used in the scheme of shares divestment in
the mining sector is the principle of State sovereignty, the principle of Sovereignty
over Natural Resources (SONR) and the Principle of Protection of Interest
(PPKK).
This is legal research. The approaches to the problem used are the
conceptual, statute, case, comparative and historical approach, and also
economic analysis of law. The primary legal materials in this study are all laws
and regulations including implementing regulations, international conventions
and court decisions related to investment and mining in Indonesia, while the
secondary legal materials are in the form of literature and teaching materials
related to investment law and mining law, as well as the results of previous
studies related to these problems.
Keywords: Investment law, mining law, national interest, shares divestment,

public choice theory, rational choice theory

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Ketersediaan

03217017318

304 Paw p

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

304 Paw p

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM INVESTASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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