TRANSPLANTASI HUKUM PRINSIP NATIONAL TREATMENT DALAM UU PENANAMAN MODAL INDONESIA

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and norms in Indonesia. This thesis discusses about legal transplantation, National Treatment principle in international law and National Treatment Principle in Indonesian Investment Law. Keywords: Foreign Investment, Legal Transplantation, National Treatment principle.