Indonesia Conference Directory

One of the effects of globalization is the development of an increasingly complex investment scope such as the emergence of certain Foreign Investors who have and manage companies in Indonesia. This has obscured the provisions regarding guarantors for their existence in Indonesian as stipulated in Law No. 6 of 2011 concerning Immigration. The Law on Limited Liability Companies and Investment Law does not provide a regulation regarding the obligation of the existence of Indonesian Citizens in the management of companies established by foreigners who have been guarantors. The formulation of the problem (1) how is the legal certainty of the guarantor for the existence of foreign investors in Indonesia and (2) who can be the guarantor for the existence of the foreign investor in obtaining a residence permit in Indonesia. This type of study is normative legal study because of the absence of norms, referring to Article 63 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Based on the results of the study concluded that there has been a vacuum of norms regarding guarantors for certain foreign investors in obtaining guarantors that guarantee their existence in Indonesia. This causes legal uncertainty for the guarantor and the investor in obtaining a residence permit. Therefore it is necessary to deregulate existing laws and regulations thus the guarantor and investors get legal certainty and protection when they are in Indonesia