Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector

This article is written to analyze the legal uncertainties found in the positive regulation related to the foreign ownership limitation in the construction services sector. In 2020, the Indonesian government issued the Job Creation Law which changed several laws and regulations including the Invest...

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Main Author: Aisyah Jasmine Yogaswara
Format: Article
Language:English
Published: Magister Hukum Universitas Semarang 2023-05-01
Series:Jurnal USM Law Review
Subjects:
Online Access:https://journals.usm.ac.id/index.php/julr/article/view/6106
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author Aisyah Jasmine Yogaswara
author_facet Aisyah Jasmine Yogaswara
author_sort Aisyah Jasmine Yogaswara
collection DOAJ
description This article is written to analyze the legal uncertainties found in the positive regulation related to the foreign ownership limitation in the construction services sector. In 2020, the Indonesian government issued the Job Creation Law which changed several laws and regulations including the Investment Law. According to the amended Investment Law, provisions regarding investment requirements are further regulated in a Presidential Regulation, in this case Perpres 10/2021 and Perpres 49/2021. However, both regulations do not stipulate any foreign ownership limitation in the construction services sector and the foreign ownership limitation regulated under other regulations instead. The most suitable method for this research is the normative juridical method, which is therefore used in this article. Until the writing of this article, there has been no research that examines the same subject matter, so the authors assess the importance of conducting this research. After this research was performed, it was found that legal uncertainty regarding restrictions on foreign shares in the construction services sector was found in the appendix of PP 5/2021 with the foreign ownership limitation for ASEAN BUJKA of 70% and Non-ASEAN BUJKA of 67%.
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publisher Magister Hukum Universitas Semarang
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spelling doaj-art-61c58cb9a4e044d6bef4e77035bae6da2025-08-20T01:56:05ZengMagister Hukum Universitas SemarangJurnal USM Law Review2621-41052023-05-016110.26623/julr.v6i1.6106Legal Uncertainty Of Foreign Share Ownership In The Construction Services SectorAisyah Jasmine Yogaswara0Universitas Indonesia This article is written to analyze the legal uncertainties found in the positive regulation related to the foreign ownership limitation in the construction services sector. In 2020, the Indonesian government issued the Job Creation Law which changed several laws and regulations including the Investment Law. According to the amended Investment Law, provisions regarding investment requirements are further regulated in a Presidential Regulation, in this case Perpres 10/2021 and Perpres 49/2021. However, both regulations do not stipulate any foreign ownership limitation in the construction services sector and the foreign ownership limitation regulated under other regulations instead. The most suitable method for this research is the normative juridical method, which is therefore used in this article. Until the writing of this article, there has been no research that examines the same subject matter, so the authors assess the importance of conducting this research. After this research was performed, it was found that legal uncertainty regarding restrictions on foreign shares in the construction services sector was found in the appendix of PP 5/2021 with the foreign ownership limitation for ASEAN BUJKA of 70% and Non-ASEAN BUJKA of 67%. https://journals.usm.ac.id/index.php/julr/article/view/6106Foreign InvestmentLegal UncertaintyNegative Investment List
spellingShingle Aisyah Jasmine Yogaswara
Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
Jurnal USM Law Review
Foreign Investment
Legal Uncertainty
Negative Investment List
title Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
title_full Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
title_fullStr Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
title_full_unstemmed Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
title_short Legal Uncertainty Of Foreign Share Ownership In The Construction Services Sector
title_sort legal uncertainty of foreign share ownership in the construction services sector
topic Foreign Investment
Legal Uncertainty
Negative Investment List
url https://journals.usm.ac.id/index.php/julr/article/view/6106
work_keys_str_mv AT aisyahjasmineyogaswara legaluncertaintyofforeignshareownershipintheconstructionservicessector