PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN JOINT VENTURE YANG BERUJUNG WANPRESTASI

Abstract

This article examines legal protection for investors in joint venture agreements that result in breach  of  contract.  The  core issue  lies  in  the  weakness  of  both  contractual  and  normative instruments  that  can  guarantee  legal  certainty  for  investors  when  their  business  partners violate the terms of the agreement. This research aims to identify the available legal protection mechanisms and the normative and practical obstacles faced by investors in asserting their rights. The approach used is normative juridical through library research. Data were obtained from legal literature, statutory regulations, and case studies, including the joint venture dispute between PT Pertamina (Persero) and Saudi Aramco. The findings indicate that the absence of specific regulations on joint ventures, the weak bargaining position of investors in contracts, and limited access to information and dispute resolution mechanisms are the main challenges to investor protection. Therefore, regulatory reform, strengthening of contractual clauses, and a more active role of the state are needed to ensure justice in business partnerships.

Keywords: investor protection,  joint venture agreement, breach of contract, civil law, business disputes