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Indonesia’s Import Licensing Regime after WTO DS 484: Non-Tarif Barriers, Food Security, and Agricultural Trade Law Bahir Mukhammad
Cerdika: Jurnal Ilmiah Indonesia Vol. 6 No. 4 (2026): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v6i4.3273

Abstract

Indonesia’s food security framework is closely linked to its agricultural trade policies, particularly import licensing mechanisms that often function as non-tariff trade barriers to protect domestic industries. However, tensions arise when such policies conflict with international trade obligations under the World Trade Organization (WTO), as demonstrated in the dispute between Indonesia and Brazil in WTO case DS 484. This study aims to analyze the implications of the WTO DS 484 ruling on Indonesia’s import licensing regime, particularly in relation to non-tariff barriers, food security, and agricultural trade law. The research employed a normative juridical method with a descriptive-analytical approach, supported by literature review and complementary interviews with key stakeholders in the poultry sector. The findings indicate that Indonesia’s import licensing policies have undergone significant revisions to comply with WTO requirements, including the simplification of procedures and removal of certain restrictive measures. Nevertheless, these changes raise concerns regarding increased import competition, which may negatively affect the competitiveness of domestic poultry farmers. Furthermore, although import licensing remains a legitimate regulatory instrument, its application must balance compliance with international trade rules and the protection of national food security. The study concludes that Indonesia needs to strengthen domestic production capacity and pursue food sovereignty strategies to ensure long-term competitiveness while maintaining adherence to WTO obligations. These findings highlight the importance of harmonizing national trade policies with global trade frameworks without undermining the sustainability of domestic agricultural sectors.
Maqashid Syariah-Based Optimization of Cash Waqf: A Governance Analysis of Structural Constraints and Productive Economic Empowerment Strategies in Indonesia Fauzan Ghafur; Bahir Mukhammad; Yessi Kurnia Arjani Manik; Gatot Teguh Arifyanto; Dita Kartika Sari Hasibuan; Syahrial Arif Hutagalung
Jurnal IPTEK Bagi Masyarakat Vol 5 No 3 (2026)
Publisher : Ali Institute of Research and Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55537/j-ibm.v5i3.1640

Abstract

Cash waqf (wakaf uang) represents a significant Islamic philanthropic instrument with considerable potential for productive economic empowerment and poverty alleviation. Despite an estimated national potential exceeding IDR 180 trillion annually, actual realization remains below 1% due to complex structural barriers. This study aims to analyze the strategic role of cash waqf in productive economic empowerment while identifying key constraints and optimization strategies within a maqashid syariah framework. Employing a qualitative descriptive-analytical systematic literature review, the research reviewed legislation, fatwas, institutional reports, and peer-reviewed articles published between 2015–2025. Findings reveal three principal results: (1) cash waqf possesses a robust legal foundation through Law No. 41 of 2004 and MUI Fatwa No. 2 of 2002, yet a significant implementation gap persists between legal norms and field practice; (2) primary constraints are systemic and interrelated, encompassing low public literacy, weak nadzir capacity, insufficient fiscal incentives, and digitalization deficits; and (3) effective optimization requires an integrated ecosystem approach comprising governance strengthening, digital platform development, and cross-sectoral institutional synergy. The novelty of this study lies in its integration of legal, institutional, technological, and literacy dimensions within a single unified analytical framework grounded in maqashid syariah — an approach not yet comprehensively undertaken in prior literature. The principal contribution is the formulation of an operational maqashid syariah-based cash waqf governance model relevant to the Indonesian context, alongside systemic policy recommendations actionable by key stakeholders.