KEPASTIAN HUKUM DALAM HUKUM INVESTASI DI INDONESIA MELALUI OMNIBUS LAW

Abstract

This study aims to examine examine and analyze the Certainty of Foreign Investment Laws in Indonesia in the Perspective of Law Number 25 of 2007 concerning investment; and How to analyze the Investment Regulatory Arrangement in Indonesia through the Omnibus Law. The research method used is Normative Juridical based on secondary legal materials. This study uses the approach: statute approach, and conceptual approach. The technique of tracing legal materials uses document study techniques (Research library), and analysis of studies using qualitative analysis. The results showed the Government has a strategic role to encourage investment, especially Foreign Investment. Foreign investment is expected to have a positive impact on Indonesia, including can encourage economic activity, the transfer of technology, create jobs, and provide other benefits that end in the creation of people's welfare. In achieving this, legal certainty has become a problem in itself, as an obstacle to the entry of foreign investors into the country. The ambiguity of regulations regarding foreign investment, overlaps between central and local government regulations, and creates difficulties in the licensing bureaucracy which is a problem that is often found in investment activities in Indonesia. Related to this the Government plans to issue an Omnibus Law to address the Investment Legal Certainty Problem. The Omnibus Law, however, provides legal certainty from a regulatory perspective, but does not necessarily provide legal certainty from a law enforcement perspective.