THE FAIR RESOLUTION OF INVESTMENT DISPUTE (STUDY IN MANDALIKA SPECIAL ECONOMIC AREA)
The purpose of this research is to analyze the essential problems that happen because of the investment in the Mandalika Special Economic Zone (SEZ). To analyze the investment dispute resolution mechanism in the Mandalika Special Economic Zone (SEZ) and to analyze the system of equitable investment dispute resolution in the Mandalika Special Economic Zone (SEZ). The recommendations in this dissertation research are: first, it is suggested that there should be goodwill from the Government to implement laws and regulations consistently, fairly and transparently. Coordination among government institutions such as BPN, BUMN and Regional Governments needs to be made synergistically by using the principle of providing public services, the best service to the community. Second, all parties who involved in investment disputes in Indonesia and in Mandalika especially must notice and consequently implement statutory provisions, if there is no agreement among the parties, it is necessary to solve the investment disputes by using the win-win solution. Third, peace mediation through deliberation is an alternative system of equitable investment dispute resolution in the Mandalika Special Economic Zone (SEZ) that is based on local wisdom. In implementing the principles of fair deliberation, there needs to be a balance in the position of the parties in the investment dispute negotiation process, because this is the key word for resolving investment disputes in Indonesia and in Mandalika especially. In the future, the government is expected to really notice to the participation of the community and traditional institutions starting from the participatory planning process to the process of determining public policy to avoid unwanted things in the future.
Investment Disputes, Mandalika Special Economic Zone, Justice.