Analisis Yuridis Persyaratan Kepemilikan Saham Asing Pada Bidang Usaha Perkebunan Kelapa Sawit Berdasarkan Daftar Negatif Investasi

Abstract

Oil palm plantations play an important role in the national economy and have great potential for national economic development in the context of realizing the prosperity and welfare of the people in an equitable manner. Even though Indonesia needs foreign capital, foreign investment must still pay attention to the national interest. One of the national interests is to protect natural resources in Indonesia. The Presidential Regulation No. 44 of 2016 concerning the List of Business Fields That Are Closed and Business Fields That Are Open with Requirements regulates the limitation of foreign share ownership in companies engaged in oil palm plantations by 95%. The oil palm plantation business does not require high technology, only land, nurseries, and fertilization which have been done since the colonial era. However, with the existence of the Presidential Regulation on the Negative Investment List, the Government has opened up a huge influx of foreign investment. Therefore, problems arise 1) Requirements for foreign share ownership in the oil palm plantation business sector based on the Negative Investment List in Indonesia; and 2) The basis for consideration in determining the requirements for limiting foreign share ownership in the oil palm plantation business sector in Indonesia. This research is normative legal research. The nature of descriptive research. Data analysis was carried out qualitatively and deductively concluded. The results of the research show that: 1) Presidential Regulation No. Investment Negative List. 44 of 2016 is a government policy that supports foreign investment more than domestic investment, and 2) The basis for considering the opening of foreign shareholdings of up to a maximum of 95% based on the Presidential Regulation on the Negative Investment List is the relatively large need for funds which cannot be fully met solely by relying on Domestic Investment.