Analisis hukum mengenai klausul penolakan manfaat dalam perjanjian investasi internasional dalam melindungi Indonesia dari perusahaan tempurung = legal analysis on the denial of benefits clause in international investment agreement in protecting Indonesia from mailbox companies

Hartanto, Michael Demetrius (2018) Analisis hukum mengenai klausul penolakan manfaat dalam perjanjian investasi internasional dalam melindungi Indonesia dari perusahaan tempurung = legal analysis on the denial of benefits clause in international investment agreement in protecting Indonesia from mailbox companies. Bachelor thesis, Universitas Pelita Harapan.

Full text not available from this repository.

Abstract

In general, mailbox companies may seem normal just like other investment companies. However, the distinction between the two is that mailbox companies do not have real business activities. Inevitably, this company may fall within the definition of an investor within the international investment agreements. This implies that mailbox companies can be protected and further obtain the benefits of the treaty. With the existence of the denial of benefits clause, Indonesia has the right invoke its rights to deny the treaty benefits to investors who do not have substantial business activities in the territory of Indonesia and are owned or controlled by foreign nationals. This clause, nevertheless, has not yet been included in Indonesia’s bilateral investment treaty. Accordingly, this analysis will further discuss on the protection provided by this clause as well as the measures that Indonesia can take to improve its protection in its international investment treaties. This Thesis will employ normative legal research by applying the comparative and case analysis approaches. Based on the analysis, Indonesia needs to incorporate the denial of benefits clause into its international investment agreements that can be formulated either as discretionary or automatic. The automatic formulation of denial of benefits clause is deemed to be the most effective measure in preventing investors to make use of the treaty benefits in an abusive way. In light of this, such clause has a decisive role for Indonesia as the Host State not to accord the treaty benefits to investors who fail to satisfy the criterions of the clause and shall further be included into all Indonesia’s international investment agreements.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Hartanto, Michael DemetriusNIM00000016097UNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorDian, ParluhutanNIDN0316107902UNSPECIFIED
Additional Information: SK 51-15 HAR a; 31001000232117
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Samuel Noya
Date Deposited: 02 Jun 2021 03:52
Last Modified: 02 Jun 2021 04:02
URI: http://repository.uph.edu/id/eprint/36939

Actions (login required)

View Item View Item