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Peer review results:

1. I recommend the authors to make a brief reference to the investment treaties to which
Indonesia is a party. The article does not make any reference to them, although, when
dealing with the subject of foreign investments, it would be particularly useful to have
possible proposals for amendments or to see the conditions of protection and treatment
that the Indonesian state has agreed to through these treaties, more chosen as the article
refers to the treatment and policies of the Indonesian state as a host state towards foreign
investments:
TOTAL BITs: 43 (27 in force) TOTAL TIPs: 22 (19 in force) TOTAL IRIs (Investment
Related Instruments): 24, category in which Indonesia also has a model investment treaty
(see the exact situation on the UNCTAD Investment Policy Hub available here:
https://investmentpolicy.unctad.org/international-investment-agreements/countries/97/
indonesia - iris, accessed on 23.11.2022.

2. My recommendations refer to a brief review of the position of international law in the

Indonesian legal system: monism or dualism? These clarifications are necessary for
international investors, especially as the force of law in the Indonesian domestic legal
space has been left unclear and the doctrine has often noted this confusion. The interested
public would certainly like to know if anything has changed through the omnibus, in the
sense that the Indonesian laws themselves did not provide guidance on how international
law is received in domestic law, and the practice of the courts in this matter has been
deeply inconsistent.: monism or dualism? I mean a brief presentation, without affecting
the general theme of the paper, because these aspects give weight to scientific research
and help to establish very effective conclusions and to find the article to be cited by a
wide range of public.

3. Even if the article has a predominantly economic connotation, however, the existing legal
climate must be introduced to the reader, all the more so since the authors themselves
show in the conclusions that: "As a consideration, the data collected and the research
methods within the BDEU from the World Bank and from the World Economic Forum
have some limitations and deficiencies in describing the investment climate situation in
Indonesia."
Keep in mind that this foreign investment climate is composed of all the international
agreements to which Indonesia is a party.
4. The granting of licenses falls within the standard of performance requirements that is
regulated in the content of modern investment treaties.
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5. It would be an obvious omission not to discuss the investment treaties to which Indonesia
is a party, but to discuss singularly the "Starting a Business" indicator, based on the
EoDB (Ease of Doing Business) survey published by the World Bank (as begin the
authors of the article) or as the article concludes with conclusions: "Based on the World
Bank's EoDB indicators and the World Economic Forum's opinion poll, Indonesia has
made reforms through the Job Creation Law in areas that can reduce barriers and can
increase the interest of foreign investors to invest in Indonesia.”

6. If we are discussing an international criterion, then let's fit it harmoniously into the set of
criteria, standards of protection and regulation of the general treatment of international
investments as it is in force in the 89 treaties regarding investments to which Indonesia is
a party, reported, of course, to the monist or dualist system.

These clarifications would pass the content of the article from a descriptive sphere, to one of
logic, creation and interest in the development of better solutions.

Thank you and I wish everyone success,

Dr. Cristina Elena POPA TACHE