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All Journal Journal of Law, Poliitic and Humanities Jurnal Ilmu Hukum
Sovia Simamora
Universitas HKBP Nommensen Medan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ICA-CEPA Within the Framework of GATT 1994: Negative Impact on Indonesia as a Developing Country Lasma Ria Siregar; Roida Nababan; Sovia Simamora
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.v6i4.3360

Abstract

The Indonesia-Canada Comprehensive Economic Partnership Agreement (ICA-CEPA) is a comprehensive trade agreement that stands under the framework of the GATT 1994, specifically Article XXIV, which regulates the establishment of free trade areas and customs unions. The purpose of this article is to examine Indonesia's position in the ICA-CEPA negotiations from the perspective of international trade law and assess whether the provisions of the GATT provide sufficient space for Indonesia to protect its national interests. This study uses a normative-critical approach with an analysis of international laws and agreements, as well as a policy review related to the mechanism of revocation and postponement of agreements. The results of the analysis show that the GATT 1994, in particular Article XXIV, only provides a legal basis for the establishment of the ICA-CEPA, but does not clearly regulate the clause for the revocation or postponement of the implementation of the agreement. These provisions are entirely dependent on the text of the ICA-CEPA itself, so Indonesia has limited power to terminate or suspend the agreement if it is proven to have a severe negative impact on the economy and the sovereignty of domestic regulations. This article argues that the absence of a strong legal basis in the 1994 GATT makes the ICA-CEPA potentially serve more as a trade political tool that benefits Canada, while Indonesia is in a less protected position within the structure of the agreement.
Perlindungan Hukum Debitur Atas Agunan yang Diambil Alih BPR Berdasarkan Asas Kepastian Hukum dan Itikad Baik Eliakim Tinambunan; Roida Nababan; Sovia Simamora
Jurnal Ilmu Hukum Vol. 15 No. 1 (2026): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/srr3cv72

Abstract

Asset Takeover (AYDA) constitutes a non-performing loan resolution mechanism recognized in banking practice, including in Rural Credit Banks (BPR). Although normatively permitted, its implementation may raise legal concerns, particularly when collateral is taken over without the debtor’s consent and without proper execution of security rights as regulated by law. This study aims to analyze debtor legal protection against unilateral collateral takeover by a BPR, based on Jember District Court Decision Number 128/Pdt.Bth/2023/PN Jmr, and to examine the application of the principles of legal certainty and good faith in the AYDA mechanism. This research employs normative legal methods using statutory and case approaches. The results of the study show that the legal protection for debtors for collateral taken over by BPR without the debtor's consent is based on the Jember District Court Decision Number 128/Pdt.Bth/2023/PN Jmr and analyzes the application of the principle of legal certainty and the principle of good faith in the AYDA mechanism, especially in the obligation of creditors who act honestly and fairly towards the debtor during the collateral takeover process. In addition,, Such practice also fails to reflect the principle of good faith as mandated under Article 1338 paragraph (3) of the Civil Code. The court decision affirms that creditors’ preferential rights are not absolute and must be exercised in accordance with statutory provisions and justice principles. Therefore, AYDA implementation must ensure transparency, proportionality, and adherence to legal certainty and good faith.
Co-Authors Eliakim Tinambunan Lasma Ria Siregar Roida Nababan