CLOSING LEGAL LOOPHOLES ON INDONESIA INVESTMENT LAW IN DIGITAL AGE

Penulis

  • Surya Oktaviandra Faculty of Law, Andalas University

DOI:

https://doi.org/10.33331/ilj.v15i1.90

Kata Kunci:

Digital Age, Investment Law, Data Localization, Performance Requirement

Abstrak

The balance of investor protection and state regulatory rights has been the prominent subject of discussion by legal scholars in the field of international investment law since the early 21st century. During the same period, the development of Information, communication and technology has been also progressing rapidly to what becomes the digital era as it is today. Nevertheless, the impact of the digital era on investment law activities and data regulations has not been widely discussed by legal scholars. This research specifically attempts to provide a deep discussion to the extent of which the digital era may influence the dynamics of investment activity and performance requirement towards data localization in investment law from the standpoint of Indonesia. By employing a normative juridical methods, this study seeks to understand how the existing system of investment law regulations is, and how it fits with developments in the current digital era. Research found that the development of digital age generate some misconceptions and loopholes in investment activity and performance requirement for data localization within our legal framework both domestic and international investment law. Therefore, improvement of related regulations is essential to grant better legal clarity in the future.

Biografi Penulis

  • Surya Oktaviandra, Faculty of Law, Andalas University

    The author, Surya Oktaviandra, was born in 1985 in Padang City, West Sumatra Province. All levels of schools ranging from elementary, junior and senior high schools are pursued in the city of Padang itself. Obtained a bachelor’s degree at the Law School of Andalas University in 2009. The Author had worked at Bank Rakyat Indonesia until the end of 2010, and in early 2011 worked as a civil servant as legal drafter in the Government of the City of Padang Panjang, West Sumatra Province until 2021, with the last position as Head of Performance and Bureaucracy Reformation Sub-Unit. The author continued his postgraduate study using the LPDP scholarship from Ministry of Finance of the Republic of Indonesia in 2017 and obtained his master’s degree in law in 2018 on the Globalization and Law program, Spec: International Trade and Investment Law at Maastricht University (the Netherlands). Currently, the author is working as permanent lecturer at Faculty of Law, Andalas University. Author`s main research interests include international trade law, international investment law, and business and human rights.
    Authors' writings have been published several times in national online media including "Anticipating Potential Conflicts in Foreign Investment" and "Unraveling the Cigarette Regulation Problem". Articles that have been published in international journals are articles titled "Indonesia and Its Reluctance to Ratify CISG" in the Indonesian Law Review UI (Ilrev UI) in 2018 and “Analysis on the Aspects of Legality, Proportionality and Constitutionality to the Provisions on the Crime Immunity of Government Officials in Law Number 2 of 2020” in Majalah Hukum Nasional Journal. Several books that have been published include "Understanding Indonesian Investment Law", "National Treatment Standards In GATT", "Most Favored Nation Standard In
    GATT" and "Domestic Investment Law".

Referensi

Unduhan

Diterbitkan

2022-12-09

Terbitan

Vol 15 No 1 (2022): Indonesian Law Journal Volume 15 No. 1, 2022

Bagian

Articles