Penerapan Model “Alternative Despute Resolution’ Dalam Penyelesaian Sengketa Investasi Dengan Pemerintah Berdasarkan Undang-Undang Penanaman Modal

Abstract

Such a large investment activity can trigger disputes in the implementation of the field, especially between investors and the government. A dispute according to a large dictionary of the indonesian language is something that causes dissent, quarrels, disputations, disputes, disputes. According to law, a legal dispute occurs when one of two or more persons or parties bind each other to what is promised. In Law Number 25 of 2007 concerning Investment in Article 32, it is regulated as follows: in the event of a dispute in the field of investment between the Government and investors, the parties first resolve the dispute through deliberation and consensus. Dispute resolution is faced with a process that is carried out by the parties without being assisted by other parties who have no interest in the continuation of the existing dispute. Dispute resolution pattern is a form or framework to end disputes or disputes that occur between the parties. The pattern of dispute resolution is divided into two types, namely through litigation (court) and non-litigation (outside the court) or called Alternative Dispute Resolution (APS). The methodology used in this study is a normative juridical motto, namely research that in obtaining data obtained from literature studies by examining legal materials, literature, books, scientific journals and laws and regulations.

Keywords : Alternative settlement, investment disputes, arbitration laws