ANALISIS HUKUM PADA LOAN AGREEMENT ANTARA INDONESIA DENGAN WORLD BANK DALAM PENERAPAN ASAS KEDAULATAN NEGARA PADA MASA ORDE BARU (1969-1998)

yanvino, yanvino (2016) ANALISIS HUKUM PADA LOAN AGREEMENT ANTARA INDONESIA DENGAN WORLD BANK DALAM PENERAPAN ASAS KEDAULATAN NEGARA PADA MASA ORDE BARU (1969-1998). Diploma thesis, Universitas Andalas.

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Abstract

At the beginning of independence, Indonesia as a lower middle income country apply for membership in the World Bank through Act No. 5 of 1954. Indonesia as a member of the World Bank, to borrow the funds of development must be through a mechanism called Loan Agreement. However Loan Agreement signed by the Government of Indonesia has received much criticism from various parties, especially the clauses contained in the Loan Agreement, for allegedly has violated the principle of State Sovereignty. Therefore this research wanted to see: 1) Is the Loan Agreement between Indonesia and the World Bank in accordance with the interests of the state; 2) What is the impact of the Loan Agreement between Indonesia and the World Bank concerning the Indonesian sovereignty. This research is a normative juridical with statute approach, historical approach, and the conceptual approach. Loan Agreement which is the focus of this research is the Loan Agreement made in 1969-1998. The results showed that the Loan Agreement between Indonesia and the World Bank were created in the New Order have been in accordance with the national interest. This is because development at that time was based on the Government's policy which is Repelita. But in the Loan Agreement contains a number of clauses that have violated the principle of State Sovereignty, both from the aspect of economic sovereignty, law and territorial. This makes the position of Indonesia is not able to move freely as a sovereign state. Key Word: Indonesia, World Bank, Loan Agreement, State Sovereignty

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