Indonesia Research Update #16: Utilizing Effective and Efficient Legal Drafting in Investment Treaty by Surya Oktaviandra

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The greater purpose of Foreign Direct Investment (FDI) is to bring substantial benefit to states involved and the world through the expansion of international trade. At the time when host state can increase the level of its capital and economic growth, the investor may also obtain benefits such as lower cost in the production and further profit by expanding the business into new market.

Despite the empirical statistic of the impact of foreign direct investment is, unfortunately, inconsistent since researchers have different result due to method`s disparity, the practice of FDI is obviously fruitful in the world economic activity. Furthermore, the framework of FDI is usually covered by two mechanisms; first, by Treaty with Investment Provisions (TIPs) and second, by Bilateral Investment Treaty (BIT).

BIT is conceived as a vigorous commitment between two countries since the first discussion until the execution stage. In International Law context, the principle of Pacta Sunt Servanda stipulated a contract or an agreement between two or more sides should be respected as a law for the contracting parties.

The concept of BIT arises because of the concern of risk in foreign investment. A BIT is deemed as a device or mechanism to attract inward investment of investor by offering host state`s commitment in accordance with property rights. Moreover, BIT sets to define the minimum standard of behaviour towards the investor to reduce the risk of expropriation or regulatory measure. Furthermore, the original purpose of BIT is, undeniably, to ensure adequate or, in some occasions, full protection for the investment of the investor.

In many BITs, investment protection clauses such as Most Favoured Nation (MFN), National Treatment (NT), Indirect Expropriation (IE), Full Protection and Security (FPS), sunset/survival clause or even, umbrella clause become an international standard and widely adopted by many countries to govern their BIT.

However, the recent development shows many states raise their concern to the application of BIT by terminating, or at least, evaluating their BIT in a drastic path. Many reasons emerge, two of them are crucial, the lack of regulatory space and the concern of dispute settlement mechanism. Those factors are interdependent and contribute to the investment dispute in recent years. Therefore, many legal scholars attempt to impart some recommendations on how to balance between regulatory space and the investment protection.

When it comes into Bilateral Investment Treaty, the challenge is even higher for host state in regulating a fair protection compare to Multilateral Agreement because there is only two state face to face to determine what law they will establish.

Surya’s research will exert to provide the practical recommendation on fair BIT`s provisions and states will be advised in drafting them for a better balance in their investment agreement.

Surya believe we can exercise specific instrument to improve our regulation in Bilateral Investment Treaty. A tool which he propose is through the language of legal drafting in the agreement. Surya will examine how prompt language in a Bilateral Investment Treaty can produce a narrower interpretation, clearer understanding and how this is beneficial in reducing dispute settlement.

A quick example how this works is in the term of Full Protection and Security Clause. Some BITs adopted this language, and the word of ‘Full’ creates broad interpretation on the application and can sometimes confuse even before the international court. When we shift the language of ‘Full’ into “Adequate’, the interpretation becomes narrower.

In his research, Surya will attempt to provide that type of method, especially for all important provisions that may lead to the opportunity for a dispute. The effectiveness of this approach, in my opinion, is fruitful and legitimate. In the case of Bilateral Investment Treaty where both parties delegate their consent to apply for their agreement, it governs as ‘treaty contract’. The application of this law will be based on the Pacta Sunt Servanda principle whereby what parties have been agreed must be respected.

 

Surya Oktaviandra is currently studying Master degree Law at Maastricht University, Netherlands and is on his way to finishing his research thesis.

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Surya and wish the best for his future endeavours in career and life.

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Dias-cussion highlights by PPIA South Australia and GoLive Indonesia

PPIA (Indonesian Student Association in Australia) South Australia supported by GoLive Indonesia in Dias-cussion, a discussion on economy development with Dias Satria on February 2018. The discussion series highlighted on innovation on economic development in Indonesia and was held in Rumours Café, The University of Adelaide. The interactive discussion went for 75 minutes and attended by around 20 participants.

The session began with warm greetings from President of PPIA South Australia, Aditya Ramdho, who mentioned Dias Satria’s vital contribution in improving the organization’s culture in PPIA South Australia and in founding the Rombengan Adelaide.

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Greetings from Aditya Ramdho, President of PPIA South Australia

Harry Wardana as moderator introduced Dias Satria, who obtained his PhD degree in The University of Adelaide, with expertise in the field of agriculture economy. He is a lecturer at Faculty of Economics, Universitas Brawijaya.

Dias began his presentation with the challenge of economy development in Banyuwangi, a district in East Java infamous for their image of “santet” (witchcraft) town. As the consultant of Banyuwangi Regent, he has supported the government in improving the creative economy in the region.

Banyuwangi is now famous for its 77 festivals, as festivals are regarded as invaluable in boosting the region’s creative economy. Dias elaborated that through these festivals and aggressive tourism marketing, the livelihood of the community has improved and many investors have invested in Banyuwangi.

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Dias Satria (left) presenting as observed by Harry Wardana

Dias then highlighted the four important factors in improving innovation in local areas: (1) Institution and leadership; (2) Hard connectivity; (3) Soft connectivity; (4) Policy.

He also further elaborated the key points from Banyuwangi Festival, they are: (1) Fostering the talent of local youth; (2) Promoting region through festival and events; (3) Continuous improvement; (4) Coordinated strategy, especially between government agencies; and (5) Attracting investment.

The session then concluded with handing of placard from PPIA South Australia by Aditya to Dias, and a photo session.

 

 

PPIA South Australia and GoLive Indonesia would like to thank Dias Satria as the speaker and Harry Wardana as moderator.

Further information on the presentation could be obtained by contacting Dias Satria in diassatria@gmail.com or visit http://www.diassatria.com 

Photos courtesy of Nurul Ikhsan and Indra Kiling

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Indonesia Research Update #15: Interventions for Young Children with Disabilities in Indonesia by Indra Kiling

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A recent study published by SAGE Open (click here) gave insights on what has been done in supporting young children with disabilities in Indonesia.

In this article, Indra Kiling, a PhD candidate at The University of Adelaide, and his supervisors reviewed on interventions specifically developed to help developmental process of young children with disabilities in Indonesia.

A thorough and exhaustive search resulted in only a few intervention studies, marked with several methodological limitations.

This review highlights the urgency of more rigorous and culturally relevant research to fulfill the developmental needs of young children with disabilities in Indonesia.

The earlier abstract version of this study has been published at International Journal of Psychology (click here), and also presented at the 31st International Congress of Psychology Japan and at the 6th Asian Psychological Association Convention Malang.

 

More information could be accessed by contacting Indra in indra.kiling@adelaide.edu.au

 

 

Indra Yohanes Kiling is a current PhD candidate at School of Psychology, The University of Adelaide.

He is also spending his last days of managing GoLive Indonesia as its coordinator.

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Indra and wish the best for his future endeavours in career and life.

 

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Indonesia Research Update #14: The Safety of Tourists and Criminality in Mars by Devi Triasari

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Man has always been interested in conquering space, and the idea of life outside earth has been explored for years. The planet that has attracted most interest in this regard has been Mars, and plans are ongoing to have the first manned mission to the planet.

The Mars One enterprise is spearheading this project and aims to take four astronauts to Mars in the year 2027. The four astronauts will be chosen from the large number of volunteers that has currently signed up to the project. This idea may seem absurd to some, but it definitely has not deterred the over 30,000 number of volunteers wishing to participate in the project.

Most studies analyzing this mission have focused on the technical challenges associated with the mission and aimed to provide ideas on how the group of people can cope with these challenges. Few have looked at the legal challenges associated with the mission and how this will affect the mission in terms of it being successfully undertaken with no legal hindrances.

Drawn to this issue, Devi Triasari, a graduate student in Master of Business Law program at The University of Adelaide, decided to investigate on this issue.

The difficult nature of the mission caused by the unnatural habitat coupled with the psychological makeup of human beings means that legal challenges will most definitely arise.

The high number of legal challenges associated with the Mars One mission means that it is highly likely that the mission could fail to take off since due to the safety and criminality issues that can be connected to the mission.

More information could be accessed by contacting Devi in devitriasari@gmail.com

 

Devi Triasari is the best graduate of Universitas Sebelas Maret Surakarta at June 2015.

She is a current student in Master of Business Law program at The University of Adelaide.

Devi is also active as general secretary in PPIA The University of Adelaide.

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Devi and wish the best for her future endeavours in career and life.

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Indonesia Research Update #13: A reconciling communion in the light of the Indonesian massacre 1965/66 by Elia Maggang

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The massacre of Indonesians at 1965/66 remains an issue that continues to boggle the mind of the nation’s leaders and activists alike.

Elia Maggang, a graduate of Theological Studies Master degree at Flinders University, completed a thesis investigating on the issue of the 1965/66 Massacre and Indonesian community. His thesis argues that the doctrine of the Trinity is the key of Christian faith to encourage the Christian church in Indonesia to be a reconciling communion in the light of the Indonesian Massacre of 1965/66

The discussion is divided into three chapters. The first examines how a doctrine of Christian faith, particularly the doctrine of the Trinity, can lead to Christians’ practices in their daily lives. This discussion has its basis on the thought of Catherine M. LaCugna in her book God For Us, arguing that human beings can only know God (theologia) if God reveals God’s self through God’s actions (oikonomia). From the oikonomia, human beings know that God also invites them to participate in God’s actions, certainly, in a creaturely way.

Based on that pattern, the second chapter discusses the reconciling action of the Triune God that makes God known as the relational God. This chapter insists that reconciliation is the work of the Triune God – the Father initiates the reconciliation, the Son executes it, and the Spirit activates it.

The last chapter examines how the knowledge of the Triune God, as the reconciling God, has impact in Christian church fellowship (experience) where its members are in broken relationship as an impact of the Indonesian Massacre of 1965/66. That God is the reconciling God as God is the relational God. The relational God that reconciles human beings to God invites all Christians (victims and perpetrators) to participate in the reconciling work of God. This is by coming reconciliation and living in loving relationship with their neighbours.

As spiritual aspect has remained a vital aspect of how Indonesians lives their life, Elia’s work is expected to shed the light regarding the relations of Christian’s doctrine and community behaviour change.

More information could be accessed by contacting Elia in eliamaggang@gmail.com

 

Elia Maggang has a master degree in Theological Studies from Flinders University.

He was active in PPIA Flinders University and currently act as team member of Theology Development Unit at The Protestant Evangelical Church in Timor Synod.

Recently granted a PhD scholarship by the Indonesia Endowment Fund for Education (LPDP), he expect to start his doctoral degree anytime soon.

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Elia and wish the best for his future endeavours in career and life.

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Indonesia Research Update #12: Integrative mental health services in Indonesia by Andrian Liem

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With only 451 clinical psychologists (CP) among 240 million people in 2015, mental health services in Indonesia requires interdisciplinary and multisector collaboration.

Integration between conventional medicine (including conventional psychotherapy) and Complementary-Alternative Medicines (CAM) could be one example of that collaboration because researchers have confirmed CAM’s effectiveness both for physical and psychological issues.

Moreover, CP as health professionals, should also have basic CAM knowledge to be able to provide psychoeducation about CAM based on the latest scientific research to their clients.

Therefore, the aim of Andrian’s study is to explore Indonesian CP knowledge of, attitudes towards, experiences with, and educational needs for CAM using mixed-methods design.

A link to online survey was emailed to 1,045 registered CP in Indonesia. The quantitative phase followed by interviews with 43 CP working at public health centres in Yogyakarta Province.

As preliminary results, he found that CP in Indonesia report inadequate knowledge of CAM and positive attitudes towards CAM, especially integrating CAM into their clinical practice. The majority them had used CAM for personal purpose but the percentages were lower for professional use.

In addition, Indonesian CP strongly agreed that CAM education was needed in psychology curricula. Integration of CAM content in psychology curricula is suggested to be conducted at undergraduate level, master level, and continuing education for registered CP with different aims for each level.

Currently Andrian is working on the qualitative data that will be combined with the qualitative results.

It is expected that the findings from this research will be used for CP communities in Indonesia, education institutions that provide professional psychology programs, and psychology associations to create more integrative mental health services in Indonesia.

 

Andrian Liem is a PhD candidate at the School of Psychology, the University of Queensland, Australia, with a scholarship from the Indonesian Government (BPI LPDP RI). He completed his bachelor and master in psychology from Universitas Sanata Dharma and Universitas Gadjah Mada.

Andrian’s research interests include indigenous-cultural psychology, clinical-health psychology, gender and sexuality, drug-abuse, HIV-AIDS, and interfaith-dialogue.

More information could be accessed by contacting Andrian on andrian.liem@uq.net.au.

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Andrian and wish the best for his future endeavours in career and life.

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Indonesia Research Update #11: Traditional Games as Learning Media of Mathematics by Eka Puspita Sari

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Computer games are one of powerful mathematics learning tools that can enhance students’ motivation and has a vast majority of learning materials.

There are many research papers that study the utilization of modern computer games to support learning. However, none of those games are related to traditional games.

Indonesian folk games are prone to be forgotten due to the limitedness of resources about Indonesian folk games.

Addressing this issue, Eka Puspita Sari’s research will investigate the development of mathematics learning media, based on the folk games of Indonesia for Elementary school level.

Her study aims to provide a learning media whose function enhances motivational and learning outcomes, adds educational literature that suits the latest Indonesian curriculum and introduces one of Indonesia’s cultural aspect to students.

Her study will be implemented in one of Elementary School in Batam city. The participants of this study are students from grade one to six.

The study uses research and development method. The study has started by analysing mathematics learning media of an elementary school in Indonesia and developing a new learning media, based on the traditional games of Indonesia.

Therefore, the computer learning media as the product of this research will be used as a supplement material in teaching mathematics in Indonesia following expert analysis and students trial.

Further information could be accessed by contacting Eka in A1722607@student.adelaide.edu.au

 

Eka Puspita Sari is a postgraduate student in Master of Education program, the University of Adelaide, with support of scholarship from Indonesia Endowment Fund for Education (LPDP).

 

Indonesia Research Update is an initiative by GoLive Indonesia that aims to promote and disseminate knowledge and information obtained through research completed by Indonesian students outside of Indonesia.

We sincerely thank Eka and wish the best for her future endeavours in career and life.

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