| Summary: | Law no. 25 of 2007 this became the only law governing investment in
Indonesia. In the capital investment required notification and transparency to
developing countries in relation to the TRIMs. Although the WTO does not
regulate in a comprehensive agreement on investments, but there are at least two
agreements directly related to investment regulations, namely em Trade Related
Measures Agreement and the Agreement on Trade in Services which later resulted
in an agreement Domestic Regulation.
The purpose of this study is to investigate and analyze the legal principles
applied in the Law No. 25 of 2007 related to trade in the service sector adopted
by the WTO and to identify and analyze the application of Law no. 25 of 2007 had
to accommodate the WTO Domestic Regulation.
The method used by this research is to study literature or normative legal
research. The research literature based on primary research, secondary and
tertiary.
The results showed that the principles of international law in the field of
international trade also applies to the principles of international law in the field
of investment. The principle embodied in capital investment involved in
international trade is with the implementation of the requirements in terms of
restrictions on business issues whereas the GATS does not prohibit restrictions on
business activities, restricted use of labor, contrary to the GATS restrictions
governing the free movement of personal. Settings on the requirements of the
facilities capital investment, entitling the government to establish the terms of
investments in open business. Application of the Law no. 25 of 2007, in principle,
have accommodated the principles of international trade or the WTO. Law no. 25
of 2007 established the principles that emphasize the application of the principle
of legal certainty, transparency, non discrimination, accountability, responsibility
and social and environmental responsibility are entirely relevant to the principles
of international trade.
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