Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Journal of Law, Poliitic and Humanities
Diani Sadiawati
Faculty of Law, UPN "Veteran" Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Uncertainty of Dumping Imposition on 'Like Product' of Hot-Rolled Coil Alloy Imports From China Fara Nugroho; Diani Sadiawati
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3331

Abstract

This study examines the uncertainty of the norm of 'like product' in Article 1 Number 10 of Government Regulation No. 34 of 2011 and its implications for the validity of legal standing in Indonesia's antidumping investigation, with reference to the case of the import of Hot Rolled Coil Alloy (HRC Alloy) from the People's Republic of China. The elimination of conditional conditions in the absence of such a product in the result of the ratification of Article 2.6 of the WTO Anti-Dumping Agreement (ADA) causes the hierarchy between identical products and closely resembling to become blurred, so that KADI does not have a specific normative basis in verifying the legal standing of the applicant. As a result, KADI relies on the margin of appreciation through a teleological interpretation that is vulnerable to being sued as protectionism in the WTO DSB forum. This normative juridical research concludes that the reconstruction of norms is needed through the revision of Article 1 Number 10 of Government Regulation No. 34 of 2011 and the addition of technical criteria in Minister of Trade Regulation No. 76 of 2012, including physical characteristics, final functions, and relevant markets, so that the methodology of the KADI investigation stands on normative parameters that are transparent and in line with the WTO ADA.
Co-Authors Fara Nugroho