Questioning Indonesia’s Ban on Export of Ore Policy under International Investment and Trade Law

This paper discusses the position ofIndonesia’s policy to ban export of rawminerals under the international law, whichquestioned the balance between theconcept of state sovereignty and theprivate entities rights. The issue mainly dealswith the legitimacy of such law underinternational agreement which Indonesiaparty to. Analysis drawn on severalgovernment rules on mining sector whichfurther linked with the obligation derivedfrom international agreement in investmentor trade law. The author concludes thatIndonesia’s rules on mining sector haveseveral flaws which require improvement orthe State would be prone towards anylawsuits and losses in the internationaltribunal.