Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

Kadir, M. Ya’kub Aiyub; Murray, Alexander

doi:10.1017/s204425131900002x

Cited by 15 publications

(10 citation statements)

References 23 publications

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“…However, investment has become trapped to dependency theory which the host states become continual dependence to the foreign investors in years post decolonisation. 85 The investor has a special arrangement with the elite government to share the benefit with mostly marginalising people interest in general. 86 Furthermore, there are three essential modes of protection foreign investment.…”

Section: Annulment Awards: a Fragmented Methodologymentioning

confidence: 99%

The Inconsistency of ICSID Awards Over Argentina Cases

Kadir

Farsia

2020

Hasanuddin Law Rev.

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This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001. Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and herewith proposed a better formulated argument for the future of ICSID awards making by placing economic development in Third World States as a basis of argument. Hence this argument can be used for the similar cases in the ICSID in future.

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Section: Annulment Awards: a Fragmented Methodologymentioning

confidence: 99%

The Inconsistency of ICSID Awards Over Argentina Cases

Kadir

Farsia

2020

Hasanuddin Law Rev.

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“…A nationalist energy management agenda is deeply embedded in Indonesia's 1945 Constitution. The Constitution developed to regain control over colonial Dutch companies—particularly through Articles 33(2), 33(3), and 18B(2)—stipulates using the Republic's natural resources for maximum public benefit and implies that the state should exclusively provide natural resource‐related services (Kadir and Murray 2019). These Articles lay the foundation for incremental RE and green policy adoption.…”

Section: Indonesiamentioning

confidence: 99%

Trust in the Process: Renewable Energy Governance in Malaysia and Indonesia

Anuar

Dewayanti

2021

Politics & Policy

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Studies on renewable energy (RE) policies and policy making have generally focused on the Global North. This article homes in on how trust, an underexamined concept in the multi‐level governance literature, affects RE trajectories in Malaysia and Indonesia. Through comparative analysis, we find that different levels of trust result in similar degrees of RE policy support, but dissimilar degrees of engagement between state and societal actors in RE policy making. Negative expectations of the social grievances engendered by RE transitions contribute to reluctant, though legitimized, pursuits of clean energy production and consumption. Meanwhile, trust in actors' nationalism—that is, in opposing a Global North environmental agenda and demonstrating constitutionally aligned resource management in Malaysia and Indonesia, respectively—facilitates more inclusive policy making. Due to greater nationalism, Indonesia's state‐society engagement in RE governance is stronger and leads to a civil RE movement that outpaces Malaysia's overall. Related Articles Ash, John. 2010. “New Nuclear Energy, Risk, and Justice: Regulatory Strategies for an era of Limited Trust.” Politics & Policy 38 (2): 225‐284. https://doi.org/10.1111/j.1747-1346.2010.00237.x Khodr, Hiba, and Isabella Ruble. 2013. “Energy Policies and Domestic Politics in the MENA Region in the Aftermath of the Arab Upheavals: The Cases of Lebanon, Libya, and KSA.” Politics & Policy 41 (5): 656‐689. https://doi.org/10.1111/polp.12033 Wood, Steve. 2009. “Energy Security, Normative Dilemmas, and Institutional Camouflage: Europe's Pragmatism.” Politics & Policy 37 (3): 611‐635. https://doi.org/10.1111/j.1747-1346.2009.00187.x

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“…This foreign business and investment may contribute to the national and local economic boost during the Covid-19 outbreak while other sectors experienced great difficulties. In contrast, foreign investors and workers raise serious issues about regulations on migration governance, migration and business law, socio-cultural gaps, and discrimination [5][6][7]. How is business law in Indonesia constructed in the context of foreign investors and workers' governance and border control at ports of entry?…”

Section: Introductionmentioning

confidence: 99%

Foreign Workers and Investors in Indonesia: Border Control Practices and Challenges During the Covid-19 Outbreak

Arifin¹

2023

Advances in Economics, Business and Management Research

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Flocks of foreign nationals as top-level managers, high-skilled workers, and investors are encouraged to work at multinational companies and invest a great amount of money in some national strategic projects during the Covid-19 pandemic. The Indonesian government has responded to these situations, particularly migration concepts, border control management at entry points, and work or residence permits. E-government initiative has been adopted to address these issues, but it lacks digital system development, interoperability applications, and internet infrastructures. This study identifies practices and challenges of how business law in Indonesia offers the ease of doing business and investment for foreign nationals towards trust and economic stability during the Covid-19 outbreak. It employs a public policy analysis approach by exploring the policy documents on border control management in Indonesia in the framework of business and investment. The result shows a business law construction where government agencies published fragmented regulations about foreign workers or investors entering and staying in Indonesia, including poor public online service. It suggests that any regulations could be issued by a coordinating minister, considering the integration of visas, residence permit, and work permit in a single format, and interoperability of all web or app-based services.

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Resource Nationalism in the Law and Policies of Indonesia: A Contest of State, Foreign Investors, and Indigenous Peoples

Cited by 15 publications

References 23 publications

The Inconsistency of ICSID Awards Over Argentina Cases

The Inconsistency of ICSID Awards Over Argentina Cases

Trust in the Process: Renewable Energy Governance in Malaysia and Indonesia

Foreign Workers and Investors in Indonesia: Border Control Practices and Challenges During the Covid-19 Outbreak

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