Legal Politics Reaktualisasi Politik Hukum Penanaman Modal Berbasis Prinsip Kesejahteraan Sosial

Abstract

This scientific journal attempts to discuss the legal politics of drafting investment policy in Indonesia, which urgently needs to be reconstructed (reorganized), considering that the pattern of foreign investment policy-making for approximately 67 years still uses a 'top-down' model, namely all policies/instructions from above (the Government of the Republic of Indonesia), in the form of Presidential Regulations and Decrees of the Minister of Investment and Regulations of the Investment Coordinating Board of the Republic of Indonesia, are issued and then passed down to be implemented by the lower-class local entrepreneurial/business community, namely MSMEs-K, without the slightest involvement of domestic investment stakeholders (Apindo/Kadin, etc.). This juridical empiric research was conducted in the working area of the Central Java Provincial Investment Office, as well as the Ministry of Investment/BKPB in Jakarta. Using a qualitative data analysis model, and an empirical juridical research type. The Indonesian government needs to take action in the form of reconstructing the legal politics of foreign investment in Indonesia, by prioritizing welfare theories/concepts that are more characterized by distributive-substantive welfare, rather than procedural/formality welfare models. In the concept of distributive-substantive welfare, portions of the non-renewable natural resource business sector, as well as portions of joint venture/enterprise share ownership, as well as portions of tax relief and other fiscal relief policies, must also be provided to domestic investors, particularly MSMEs- K.