Megawati Widjaja (2020) Risiko Investment-State Dispute Settlement Dalam Pemberian Insentif Bagi Investasi Asing Di Sektor Energi Terbarukan Indonesia. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The development of renewable energy is a means pursued by the Indonesian government to reduce its reliance on fossil fuels, especially to fulfill electrical energy needs. Several studies have predicted that fossil energy will have been depleted in coming years, making the development of renewable energy a necessity. Indonesia has many sources of renewable energy which, if developed, would be beneficial for Indonesians. However, Indonesia has insufficient technology and capacity to develop renewable energy, thus making it reliant on foreign investment. The government has attempted to draw foreign investors through the giving of foreign investment facilities, including incentives through the purchase of electrical energy through PT. PLN to renewable energy developers. However, the setting of an overly high price for the purchase of electrical energy may open up the possibility for the government to be sued in an ISDS forum if the government ever chooses not to pay investors or alter its renewable energy regulations to set prices which deprives investors of profits from his or her investment. This thesis will analyze the potential for ISDS suits based on Fair and Equitable Treatment and Indirect Expropriation. The research methods utilized are statutory approach in analyzing of regulations concerning foreign investment in the renewable energy sector, conceptual approach in analyzing principles of international investment law forming the basis of international arbitral decisions, and case approach in analyzing ISDS cases on the development of renewable energy. A conclusion is drawn that the Indonesian government must be cautious in creating renewable energy regulations as changes which cause losses to investors are potential grounds for a suit in the ISDS fora based on the principles of Fair and Equitable Treatment and Indirect Expropriation.

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