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All Journal Al-Bayyinah Indonesian Journal of Law, Governance, and Regulation
F.X. Joko Priyono
Universitas Diponegoro
Religion Law, Crime, Criminology & Criminal Justice

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Consumer protection in food trade: Reconstructing Indonesia’s safety standards under WTO SPS and TBT frameworks Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti; Muhammad Wendra
Indonesian Journal of Law, Governance, and Regulation Vol. 1 No. 2 (2026): August 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/ijlgr.v1i2.2215

Abstract

This article examines the rising regulatory challenges posed by intensifying global food trade under liberalization and highly integrated supply chains, where food safety standards operate not only as public health safeguards but also as de facto trade instruments. The study aims (i) to assess whether Indonesia’s food safety standards provide adequate consumer protection in global food trade while complying with the WTO SPS and TBT Agreements, and (ii) to formulate a reconstruction model of Indonesia’s food safety standards grounded in a One Health approach. Employing normative (doctrinal) legal research with a statute approach and a conceptual approach, this study analyzes WTO instruments (SPS Agreement, TBT Agreement), relevant WTO interpretive materials, and Indonesian food safety regulations, supported by authoritative reports from international organizations (e.g., FAO/WHO/WOAH) and key scholarly works. The findings indicate that Indonesia has formally adopted core SPS–TBT principles public health protection, precaution, and quality control yet substantive implementation remains partial. Regulatory practice is still sectoral and administrative, with risk assessment not consistently functioning as the central scientific basis required by SPS Articles 2 and 5, while limited transparency and incomplete harmonization with international standards may weaken legal legitimacy under TBT disciplines. The study’s novelty lies in demonstrating that the principal problem is not regulatory absence but regulatory orientation and method, and in proposing a One Health–based, risk-based, consumer oriented, SPS–TBT compliant, and trade-defensible reconstruction framework to strengthen consumer protection and reduce SPS–TBT dispute risks in the WTO.
Telematics in Global Digital Trade: A Case Study of Temu and Shein and Its Implications For E-Commerce Regulations in Indonesia and UNCITRAL Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti
Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i2.9097

Abstract

Digital trade has rapidly developed with the support of telematics technology, which enables connectivity among economic actors worldwide. Major e-commerce platforms like Temu and Shein leverage this technology to accelerate product distribution and expand their market reach. Temu, with its business model that directly connects producers and consumers, reduces distribution costs and speeds up delivery. Shein, which adopts a fast fashion model, utilizes telematics-based applications to enhance the speed of production and distribution, as well as to quickly respond to fashion trends. Nevertheless, the global e-commerce sector faces significant regulatory challenges, particularly concerning digital taxation, consumer protection, and personal data protection. In Indonesia, these regulatory challenges become more complex due to cross-border digital transactions involving international platforms that do not fully comply with local regulations. Therefore, this study aims to analyze the role of telematics technology in supporting global digital trade and its impact on e-commerce regulatory policies, as well as to propose policy measures to address the existing challenges. This research uses a qualitative approach with document analysis and literature review from various related sources. The findings indicate that regulatory updates and stronger international cooperation are crucial to addressing cross-border e-commerce regulatory challenges and enhancing consumer protection and fair implementation of digital taxation.
Co-Authors Andri Sutrisno Andri Sutrisno Muhammad Wendra Nanik Trihastuti