CROSS BORDER ACQUISITION SEBAGAI FOREIGN DIRECT INVESTMENT DALAM HUKUM INVESTASI DI INDONESIA

Abstrak

Economic globalization requires business actors to be more adaptive to control market share by taking steps to continue to enlarge their businesses. One of these steps involves business actors to respond quickly to globalization which has an impact on trade liberalization to invest in other countries, especially developing countries. One strategy that can be taken is through a takeover (acquisition) with a company abroad that has a wide market share, experienced employees, proven administrative and operational systems, adequate supply of raw materials and supporting facilities, up-to-date technology, business permits. , etc. By adopting this approach, companies can achieve their goals more quickly without having to start the business from scratch. The concept of acquiring companies abroad is known as Cross Border Acquisition, this is considered the answer to facing the pace of technology. The research method in this writing is normative.   This research aims to examine the investment legal aspects of Cross Border Acquisition as a type of Foreign Direct Investment in Indonesia. A cross-border acquisition is a takeover between two countries that changes the status of a company. This process requires permission from the Investment Coordinating Board or through the RBA OSS system. Acquisitions must not harm the company, minority shareholders, or employees. If it is detrimental, they can sue the company. Acquisitions must also not create monopolies or unfair competition. If there are indications, the value of the company's assets and sales must be reported to the KPPU. Acquisitions must also comply with the Negative Investment List; otherwise, the company's license may be revoked.