ALTERNATIF PENYELESAIAN SENGKETA DALAM PERJANJIAN PEMBERIAN HIBAH PEMERINTAH INDONESIA KEPADA PEMERINTAH ASING

Anggie Artha Gayo, . (2024) ALTERNATIF PENYELESAIAN SENGKETA DALAM PERJANJIAN PEMBERIAN HIBAH PEMERINTAH INDONESIA KEPADA PEMERINTAH ASING. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This research examines the provisions of the choice of law clause and choice of forum in Indonesian grant agreements to foreign governments based on Government Regulation 48 of 2018 as amended by PP Number 57 of 2019 (PP Grants), which become the grant implementation burden. This normative research uses statutory and conceptual approaches. The statutory approach is carried out by analyzing grant regulations, foreign policy and international agreements. The conceptual approach is carried out by examining the legal views and doctrines put forward by experts. This research is novel because it presents a perspective that has yet to be discussed by previous research. Most previous research only discussed the urgency of Indonesian grants before the PP Grants came into existence, and no previous research specifically examined grant agreements regulated in the PP Grants. The research results concluded that there needed to be a better match between the objectives of the grant and the nature of the agreement regulated in the Grant PP. Based on the purpose of the grant, a grant has the characteristics of a public act, while a grant agreement has civil characteristics. For this reason, in order to realize the goal of grants that have a broader impact, adjustments are needed to the provisions of the PP on Grants by changing the substance of the nature of grant agreements into public relations by using choice of law and choice of forum clauses in grant agreements by applicable provisions in international law.

Item Type: Thesis (Tesis)
Additional Information: [No Panggil: 2210622074] [Pembimbing: Imam Haryanto dan Diani Sadiawati] [Penguji 1: Handar Subhandi Bakhtiar] [Penguji 2:Muthia Sakti]
Uncontrolled Keywords: Diplomacy;Dispute;Grant
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: ANGGIE ARTHA GAYO
Date Deposited: 23 Aug 2024 08:05
Last Modified: 23 Aug 2024 08:05
URI: http://repository.upnvj.ac.id/id/eprint/32126

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