10 Dec 2018
The International Investment Agreements can actually weaken the existence of law enforcement in Indonesia over the eradication of corruption. Surely, an International Investment Agreementa in Indonesia should include a prohibition of corruption in pre, post and International Investment Agreements as India did in their model Bilateral Investment Treaties (BIT). In addition, Investors can sue the State for corruption law enforcement against him, through legal gap in fair n Equitable Treatment (FET) content on the grounds of "denial of justice." Futhermore, Investor-State Dispute Settlement (ISDS) mechanism content further strengthens Investor positions in International Arbitration, because only Investors can sue countries with compensation of up to billions of dollars. As a result, the State losses become 2 (two) times, the losses incurred by the act of corruption committed by the defendant and the cost of the case in International Arbitration. Similarly, Indonesia should also immediately adopt the FET concept in the Indonesia-New Model BIT where this content limits Investors to sue the State even in criminal law enforcement.
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