THE FORM OF DISPUTE SETTLEMENT IN INVESTMENT REVIEWED FROM ASEAN COMPREHENSIVE INVESTMENT AGREEMENT (ACIA) AND ITS IMPLICATIONS TO INDONESIA
Delfiyanti

Andalas University

Abstract

By the blueprint of ASEAN Economic Community 2015, it is arguing that ASEAN intend to realize the free single market on capital investment of the member states. By the reason, the comprehensive agreement on investment known as ASEAN Comprehensive Investment Agreement (ACIA) 2009 was executed. It is involves comprehensive investment in ASEAN to establish ^an open and free capital investment regime^ for support of economic development in realizes the social welfare. In other side, Indonesia was executing the Capital Investment Law, Act No.25 of 2007 on regulation of investment in Indonesia. The study intends to analyze an implementation of ACIAs policy on dispute settlement of investment in Indonesia. ACIA intend to create the free and open capital investment regime in ASEAN by progressive liberalization on regimes in the member states to obtain the final destination of economic integration in ASEAN Economic Community. It is important to Indonesia as there is an opportunity in use the cooperation to improve and developing an economy of Indonesia. There is a challenge, however, in harmonize the legal admission of capital investment in Indonesia between Act No. 25 of 2007 and ACIA. In this case, in correlation with capital investment that will be established and the dispute of settlement for the future, the legal harmonization is important absolutely.

Keywords: Dispute Settlement- Investment- ACIA and Indonesia.

Topic: Investment and Settlement Disputes