PENYELESAIAN SENGKETA PENANAMAN MODAL MELALUI ARBITRASE INTERNASIONAL (STUDI KASUS PENCABUTAN IZIN KUASA PERTAMBANGAN CHURCHILL MINING OLEH PEMERINTAH DAERAH KABUPATEN KUTAI TIMUR)
ABSTRACT: Investment dispute
between states and national of other states are settled through international arbitration
(ICSID). ICSID (International Centre for Settlement of Investment Disputes) is
an autonomous international institution Because of the provisions of this,
British Company Churchill Mining who have a Investment dispute with Indonesian
Government filed a lawsuit against the government of Indonesia at the
International Centre for Settlement of Investment Disputes (ICSID).
Writing method used to compile this paper is the normative legal research
or library research, by collecting material from books, magazines, papers,
internet, legislation and other scholarly writings which closely related with
the intent and purpose of the preparation of this paper.
The results of this paper it can be concluded that, the foreign investors
who have an Investment Dispute with other state like Churchill Mining Plc can
settle their Investment Dispute through ICSID. This provision is
based on Indonesian
Law No. 25
of 2007 about
investment and Indonesian
Law No. 5 of 1968 concerning
the approval of
the Convention on
the Settlement of
Investment Disputes between States and Nationals of Other States.
Penulis: Sophie Dhinda Aulia, Brahmana, Budiman Ginting, Mahmul Siregar
Kode Jurnal: jphukumdd130606