PENGATURAN PENANAMAN MODAL ASING MENURUT TRIMs DAN IMPLEMENTASINYA DI INDONESIA (STUDI KASUS : PENANAMAN MODAL ASING DI SUMATERA BARAT)

Abstract

ABSTRAK For developing countries, investment is urgently needed, especially Foreign Investment (FI). FI arrangements are generally regulated in TRIMs. Problem formulation 1) What is the regulation of foreign investment according to TRIMs? 2) How is the implementation of foreign investment in West Sumatra?. Methods Sociological legal research with data sources, primary and secondary. Interview data collection techniques and document studies were analyzed qualitatively. Conclusion 1) Investment regulation according to TRIMs prohibits implementation requirements that are not in accordance with Article III GATT Principles of National Treatment and Article XI GATT quantitative restrictions. The provisions of the Negative Investment List in Article 12 of the Capital Market Law do not conflict with TRIMs because TRIMs do not regulate business field restrictions. 2) The implementation of FI in West Sumatra has complied with the provisions of TRIMs related to licensing services for West Sumatra using One Stop Services as regulated in Governor Regulation Number 15 of 2017. In the implementation of the development of the realization of FDI fluctuating, the obstacles are the large number of investment locations that have not been accommodated and the spread of the Covid-19 pandemic which has a negative impact on economic growth.