Gustav, Stavy
(2012)
Aspek hukum atas proteksi penanaman modal asing dan modal dalam negeri di bidang usaha perfilman berdasarkan Perpres No.36 Tahun 2010 (DNI 2010) = Legal aspect of the protection of foreign investment and domestic investment in the field of film business based on presidential decree number 36 year 2010 (negative list of investment 2010).
Bachelor thesis, Universitas Pelita Harapan.
Abstract
In 2010 the negative list of investment was published. It was based from Presidential Decree No 36 of 2010. One of the update was the opening of film industry for foreign investment. The fields of the film industry which were opened for foreign investment are studio shots, dubbing studio, image processing laboratory, and copying and printing facilities. These sub-sectors are fused in film technical services. The update aims to get the technology and skill transfer to film industry in Indonesia. So it has to be a legal protection and legal entity to protect the investment in Indonesia film industry. There are many regulations which are protecting and supporting Indonesia film business activity. The negative list is one of the regulations that protect it. This thesis means to discover how the negative list protects the foreign investment and the local investment in doing to have an investment in Indonesia film industry. Until now the transfer of technology and skill to Indonesia film industry is based from Ministerial Regulation No 55 of 2008. The regulation permits the use of foreign film technical services to contribute to handle the limit of local film technical services. But this Ministerial Regulation is unreliable for a continuous period. So the government opened technical film services to foreign investor in hope to get technology and skill transfer to this sector and to finish Indonesia film industry dependence on foreign technical film services. The negative list has opened the potent of technology and skill transfer and yet it is also the source of technology and skill transfer to Indonesia film industry. The negative list has not opened the remains of Indonesia film industry's sub-sector this meant to protect these sub-sectors in order to remain controlled by the local investor as the host of the Indonesia film industry. The negative list gave the legal entity and legal standing to the investors and also it appears to be the guide of Indonesia investment. The update of negative list appeared to be attraction to foreign investment to invest in Indonesia. So it has to be updated in definite period.
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