The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia
Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some p...
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University of Lampung
2018-07-01
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doaj-bbc12cffc7a6447dabaa9b95db8cc8f72020-11-24T22:32:15ZindUniversity of LampungFiat Justisia1978-51862477-62382018-07-0112210.25041/fiatjustisia.v12no2.13061160The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in IndonesiaRizky Amalia0Hilda Yunita Sabrie1Widhayani Dian2Faculty of Law Universitas Airlangga, Jalan Dharmawangsa Dalam Selatan, Surabaya, Indonesia,Universitas AirlanggaFaculty of Law Universitas Airlangga, Jalan Dharmawangsa Dalam Selatan, Surabaya, IndonesiaApplying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned. Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith.http://jurnal.fh.unila.ac.id/index.php/fiat/article/view/1306 |
collection |
DOAJ |
language |
Indonesian |
format |
Article |
sources |
DOAJ |
author |
Rizky Amalia Hilda Yunita Sabrie Widhayani Dian |
spellingShingle |
Rizky Amalia Hilda Yunita Sabrie Widhayani Dian The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia Fiat Justisia |
author_facet |
Rizky Amalia Hilda Yunita Sabrie Widhayani Dian |
author_sort |
Rizky Amalia |
title |
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia |
title_short |
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia |
title_full |
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia |
title_fullStr |
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia |
title_full_unstemmed |
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia |
title_sort |
principle of good faith in the choice of law of foreign direct investment contracts in indonesia |
publisher |
University of Lampung |
series |
Fiat Justisia |
issn |
1978-5186 2477-6238 |
publishDate |
2018-07-01 |
description |
Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned.
Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith. |
url |
http://jurnal.fh.unila.ac.id/index.php/fiat/article/view/1306 |
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