Problems In Regulating The Supervision Of The Investment Sector In The Work Copyright Law

Abstract

This study analyzes the challenges in regulatory oversight of investment provisions as stipulated in Law No. 6 of 2023 concerning the Ratification of Government Regulation in Lieu of Law (Perpu) No. 2 of 2022 on Job Creation into Law. The regulation introduces a risk-based control system (Risk-Based Licensing) as an effort to simplify licensing and attract investment, including foreign capital. However, the analysis reveals that the risk-based oversight framework in the Job Creation Law remains highly problematic. The issues include ambiguities in risk assessment due to the omnibus law format, unclear oversight intensity, non-proactive supervision, and limited public involvement. These shortcomings have the potential to weaken state control over strategic sectors, open opportunities for legal violations by investors, and disregard the implementation of economic democracy as mandated by Article 33 paragraph (4) of the 1945 Constitution. This study employs normative legal methods with a qualitative analysis approach to legislation and legal doctrine. The findings emphasize the need for reformulating the oversight system to ensure state control and public participation in safeguarding economic sovereignty and national interests.