Nationalization Of Share By Divestment In Indonesia

 

NATIONALIZATION OF SHARE BY DIVESTMENT IN INDONESIA

 

Suwarsit Suwarsit

Faculty of Law, Padjadjaran University, Jl Dipati Ukur No 35, Bandung City West Java, Indonesia, Post Code 40132, email: suwarsitshmhcla@gmail.com 

Abstract

Divestment that has occurred in Sudan and America can be considered privatized because the State as the owner of capital reduces ownership of capital in their business ventures by divesting their shares. In Indonesia, the divestment is carried out for nationalized shares in foreign companies in the mineral and coal mining sector.  This research aims to find the nationalization of shares by divestment in Indonesia. The results of the research show that mineral and coal mining natural resources are in state power which is not only recognized in Indonesian National Law but also in international law. Nationalization in the investment law of Indonesia is further regulated in the Act, while the Law on Indonesia's Mineral and Coal Mining has required foreign capital to divest. Dealing with this, foreign investment companies with ownership of shares in the company more than fifty percent are required to divest to the Indonesian side.

Keywords: Nationalization, Mineral, Mining, Divestment, Indonesia.

 

 

Introduction