Suchergebnisse

The 2007 Indonesian investment law granted national treatment for foreign investors, establishing a transparent 'negative list' for out-of-bonds investment sectors, and has been considired as a reformative regulation in Indonesia's economic strategy. However, decentralized systems give autonomy to local governments to manage their projects and infrastructure themselves. This leads into increasiig investment burdens through their opaque measures that are creating perceptions of risk for foreign investors. As a result, lack of legal certainty, inconsistent regulations and judiciary system would hamter investments. This article argues that law 25/2007 should be supported by a comprehensive investment policy to attract more foreign investors into Indonesia. A key element in establishing a competitive region is a free and open investment regime, This article addresses policy impediment to private investment in Indonesia as well as in the ASEAN region. Indonesia and ASEAN should have non-discriminatory treatment extended to foreign investors including ASEAN-based inveitors, as the establishment of ASEAN Economic community (AEC) will cornmence in 2015. Legal certainty of international business transaction by private investors is fostering investments by both direct investment and indirect investment (portfolio). Parties to investment agreements include individuals, small, medium and large multinational corporations, and countries. In this centralized global atmosphere, the Indonesian agovemment has to provide guarantees to leverage private investments.

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.

Development of Indonesian national law should not leave attention to development of legal plurality as its source. Focus of this study is to see the influence of Indonesian social factors on the development of Islamic law and how Islamic law can be integratively transformed into the National Law. By qualitative method and socio-legal approach and constructivism paradigm, this study bases on theories of social change influeces on Islamic law law without leaving methodology of usul fiqh and the sources of Islamic law. Islamic law has broad opportunity and experiences to be integratively transformed into national law within Indonesia's own character. Transformation can be done in the whole structure of Islamic law including its values of philosophy, principles and norms, and can be performed in all areas, both private and public Law, written law by political power and unwritten law with cultural approach. However, Islamic law as one of the Indonesia living laws and the sources of National law, still today is viewed in dichotomy to the National law and only transformed in limited norms. There are many obstacles to be transformed into national law integratively and widely, though Islamic law has wide space of interpretation and intellectualism that can adapt to different contexts and National law.

since 2007 ASEAN has moved towards an ASEAN Economic community(AEC) as an economi integration of member states based on four economic pillars. One of AEC economic pillar the single market and Production base, means,the region as a whole must become a single market and production base to produce and commercialize good and services anywhere in ASEAN. The establishment of AEC is offering opprtunities in the from of a huge market of US$ 2.6 Trillion and over 622 million people. Of this number, around 40 per cent or 245 million people live in Indonesia. Numerous officials and othes have their doubts and worried that Indonesia will mainly be the market for the AEC and Indonesia's progress in developing its human capital will be negatively impected compettition from other ASEAN nations. The crucial futher step of the AEC is to implement the free movement of skilled labors as one of five core principles of single market and production base pillar, as it will boost economic integration in the region levels. In practice however, progress towords freer mobility has been slow and uneven. In practice however, progress towards freer mobility has been slow and uneven, due to rigid national immigration policies, inequalities in professional education and licensing regimes, public ambivalence toward the AEC, and the vast income gap that many countries fear will contribute to brain drain. This article examines impediment of free movement of skilled labors as a result of weak political and public support to drive the process forward as well as the myriad policy and procedural obstacles of free movement of skilled labor of selected categories of professions associated mainly with trade in service and invesment, this article also reviews the AMSs' policies in these areas

Mediation is one of dispute resolution process that is faster and cheap, as well as can give access that is greater to all party to find settlement that satisfy and meet justice sense, however mediation implementation in Padang Religion Court class 1 A slight once that succeed in mediation. Problem formulation namely: 1. How mediation implementation in divorce case as peace effort in Padang Religion Court class 1 A ? 2. Factors any that became supporter and mediation success obstacle in Padang Religion Court class 1 A? Sociological juridical approach law research method (socio legal research). Research result: Padang Religion Court conducted peace effort with mediation way, accordance Perma Number 1 Year 2008. Mediation implementation in divorce case not yet went like a bomb. From 636 case that in mediation for January 2013 to June 2014 only 25 case or 3.9 % only divorce case that succeed mediation. Success as well as mediation failure certainly have supporter factor as well as inhibitory factor, among mediation success supporter factor in Padang Religion Court among others: mediator ability, sociological factor and pisikologis all party, moral and kerohaniaan, and good determination all party. Besides it so happens mediation success obstacle factor in Padang Religion Court among others: eager desire all party to divorce, room that is less conducive, mediator number limitation,one of party would not come, and lack of community understanding about mediation. Keyword: Mediation, settlement, divorce, Religion Court.

Since the fall of the New Order regime, the courage to sue the state began to reverberate dipentas unitary national politics. The emergence of the idea of a federal state (united state) is the antithesis of the implementation of regional autonomy in Indonesia based on Law No.5 of 1974 on the Principles of Local Government is in the very setralisti. Through these legal instruments are the restraints and the dominance of local independence done so strict and systematic. Though conceptually the real regional autonomy is the freedom of movement (of expression) should be given to the autonomous regions to conduct their own initiatives to manage the interests of society in the region. Therefore there is a presumption that the imposition of the concept of regional autonomy through the form of a unitary state did not take the welfare of people in the region because the laws on local government implementation of the new order which is conceptually very repressive, also followed well as the behavior of authoritarian governments, harassing human rights, setralisme power sucking resources into the central region. To overcome this, then the solution is the democratization and decentralization of power through regional autonomy the broadest, not by changing the form of the state of federalism, but by changing the way state officials are concerned interestexistence of regions including the utilization of natural resources equity and pluralism (diversity) regions. This is where the importance of regional autonomy as one of the vanguard of the unitary Republic of Indonesia guard.Keywords: Unitary - Federal - Regional Autonomy