Questioning Indonesia’s Ban on Export of Ore Policy Under International Investment and Trade Law

Abstract

This paper discusses the position of Indonesia’s policy to ban export of raw minerals under the international law, which questioned the balance between the concept of state sovereignty and the private entities rights. The issue mainly deals with the legitimacy of such law under international agreement which Indonesia party to. Analysis drawn on several government rules on mining sector which further linked with the obligation derived from international agreement in investment or trade law. The author concludes that Indonesia’s rules on mining sector have several flaws which require improvement or the State would be prone towards any lawsuits and losses in the international tribunal.