IMPLIKASI PEMBERLAKUAN KEBIJAKAN SAFEGUARD INDONESIA DALAM PERDAGANGAN INTERNASIONAL (Studi Kasus Safeguard Galvalume Indonesia WT/DS490/AB/R dan WT/DS496/AB/R )
Abstract
Legal instruments in international trade serve as a generally accepted
reference that must be obeyed, monitored and enforced strictly to eliminate or
reduce distortions that may occur in international trade relations. A country that
apply distortions from legal instruments will have implications for claims through
the Dispute Settlement Body at the WTO. On July 10 2018, the WTO's DSB stated
that Indonesia safeguards on imports of galvalume, not in accordance with the
applicable rules in the GATT and the Agreement on Safeguards. This is based on
the issuance of PMK No. 137.1/PMK.011/2014 which excludes 120 countries
from the applying of Safeguard Measures Import Duties. The WTO's DSB also
found other facts in the final investigation report that did not comply with the
requirements for applying the safeguard policy. This type of research is normative
legal research that uses case studies of literature in searching the data. The
analysis carried out is a qualitative analysis or research that isstated in writing
The results of this study found that first, the implication of the
implementation of a safeguard policy on imports of galvalume is that BMTP must
be revoked and harmonized according to Article 1:1 of the GATT 1994. The
implementation of Indonesia's galvalume safeguard policy which is declared
inconsistent also has implications for international trade, namely contributing to
further clarification on the articles of agreement regarding the application
of safeguards, which are only formulated in general terms in the GATT and
the Agreement on Safeguards. Second, the requirements for the application
of safeguards policies are contained in Article 19 of the GATT, Article 2 and
Article 4 of the Agreement on Safeguards. However, these articles do not explain
specific qualifications or limitations, which in the event of a deviation, the WTO
DSB is only guided by previous dispute decisions.
Keywords: Safeguards Measure, International Trade, Galvalume, DSB WTO.
reference that must be obeyed, monitored and enforced strictly to eliminate or
reduce distortions that may occur in international trade relations. A country that
apply distortions from legal instruments will have implications for claims through
the Dispute Settlement Body at the WTO. On July 10 2018, the WTO's DSB stated
that Indonesia safeguards on imports of galvalume, not in accordance with the
applicable rules in the GATT and the Agreement on Safeguards. This is based on
the issuance of PMK No. 137.1/PMK.011/2014 which excludes 120 countries
from the applying of Safeguard Measures Import Duties. The WTO's DSB also
found other facts in the final investigation report that did not comply with the
requirements for applying the safeguard policy. This type of research is normative
legal research that uses case studies of literature in searching the data. The
analysis carried out is a qualitative analysis or research that isstated in writing
The results of this study found that first, the implication of the
implementation of a safeguard policy on imports of galvalume is that BMTP must
be revoked and harmonized according to Article 1:1 of the GATT 1994. The
implementation of Indonesia's galvalume safeguard policy which is declared
inconsistent also has implications for international trade, namely contributing to
further clarification on the articles of agreement regarding the application
of safeguards, which are only formulated in general terms in the GATT and
the Agreement on Safeguards. Second, the requirements for the application
of safeguards policies are contained in Article 19 of the GATT, Article 2 and
Article 4 of the Agreement on Safeguards. However, these articles do not explain
specific qualifications or limitations, which in the event of a deviation, the WTO
DSB is only guided by previous dispute decisions.
Keywords: Safeguards Measure, International Trade, Galvalume, DSB WTO.
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