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All Journal Sriwijaya Law Review Journal of Law and Legal Reform
F.X. Joko Priyono
Faculty of law, Universitas Diponegoro, Indonesia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Structural Inequality in International Trade Law: Colonial Legacies and Indonesia’s Legal-Policy Responses Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti; Muhammad Annas
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5659

Abstract

  Legacies of colonialism remain deeply embedded in the architecture of contemporary international trade, particularly for developing nations such as Indonesia. The legal and institutional framework governing global commerce, largely shaped during the colonial period, continues to generate inequalities in market access, regulatory standards, and participation in global value chains. Indonesia, in particular, continues to grapple with persistent reliance on raw commodity exports, protectionist barriers imposed by advanced economies, and the outsized influence of multinational corporations within key economic sectors. This paper explores how these historical colonial patterns continue to shape Indonesia's contemporary trade policy, alongside the measures the country has adopted to address them—most notably its industrial downstreaming agenda, active engagement in regional and multilateral trade frameworks, and ongoing attempts to renegotiate trade arrangements on more favorable terms. The analysis further situates Indonesia's experience alongside comparable efforts by other developing economies, including Vietnam, Brazil, and South Africa, to confront similar structural constraints. Existing scholarship has generally treated the colonial roots of trade inequality and the domestic policy responses of developing states as separate lines of inquiry, leaving limited systematic connection between historical structural legacies and present-day measures like downstreaming, while cross-country comparisons remain scarce. This study addresses that gap by combining a historical-colonial lens with comparative policy analysis, offering a novel framework linking colonial-era trade structures to the effectiveness of downstreaming and economic diplomacy under current global trade governance underscoring the need for proactive diplomacy and stronger South-South cooperation toward a fairer trading system.
Legal Reform on Indonesia’s Carbon Trading Regulation: Implementation and Harmonization of International Law Siciliya Mardian Yoel; F.X. Joko Priyono; F.X. Adji Samekto; Erlis Nurbani
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20009

Abstract

Carbon trading is a system where companies can buy and sell carbon credits, with each credit allowing the emission of a specific amount of greenhouse gases. The Indonesian government has introduced new regulations to support carbon trading, but these need to fit seamlessly with existing international regulations due to Indonesia’s active participation in the carbon trading agreement. This research has two goals: first, to examine how comprehensive Indonesia’s carbon trading regulations align with international frameworks such as the Paris Agreement and the Kyoto Protocol. And second, to identify and assess challenges and opportunities in harmonizing Indonesian laws with these global standards. This research uses normative legal research by assessing primary, secondary, and tertiary legal materials, such as international agreements, Indonesia’s laws, previously published works in the areas, and other legal documents. This method is combined with case studies from different countries. This approach will help identify successful strategies and pitfalls in carbon trading, offering valuable insights into what works and what does not. The expected outcome is a comprehensive understanding of how Indonesia’s carbon trading regulations align with international standards. It will also assess the efficacy of the current system works and suggest improvements to enhance its effectiveness. Indonesia’s approach to incorporating international treaties into national law is not entirely clear-cut, exhibiting elements of both monism and dualism. However, there is a tendency towards dualism, where international treaties must be transformed into national regulations to be effectively applied and used as a legal basis in judicial decisions. While carbon trading is a key mechanism in international climate agreements, it faces significant criticisms and challenges, particularly regarding environmental justice.
Co-Authors Andri Sutrisno Erlis Nurbani F.X. Adji Samekto Muhammad Annas Nanik Trihastuti Siciliya Mardian Yoel