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All Journal Bestuur Jurnal Komunikasi Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES JUSTITIA JURNAL HUKUM Jambe Law Journal LEGAL BRIEF Journal of Law and Legal Reform Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies)
Monteiro, Seguito
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Shedding Light on WTO Jurisdiction and Preventing Abuse of The Security Exception Provision Sefriani, Sefriani; Julian, Aris Rahmat; Monteiro, Seguito
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13473

Abstract

This paper critically analyzes the World Trade Organization (WTO) jurisdiction over disputes involving the use of the Security Exception (SE) under Article XXI(b) of the General Agreement on Tariffs and Trade (GATT) 1994, and explores measures the WTO could take to prevent the abuse of this provision. The study utilizes legislative, case-based, and historical approaches within a normative juridical framework to examine the complexities surrounding the invocation of the SE. First, the paper demonstrates that the WTO does indeed have jurisdiction over disputes involving the SE, countering the perception that the 'self-judging' nature of Article XXI(b) absolves the WTO of oversight. This argument is supported by the WTO panel’s ruling in Russia – Traffic in Transit and reinforced by historical precedents, which confirm that affected countries can engage in consultations with the invoking state. Second, the paper identifies two critical instruments that could prevent the abuse of the SE provision. These instruments are rooted in the interpretation of the SE’s text, guided by the ordinary meaning of its terms, in accordance with the principle of good faith. The paper argues that more precise definitions of what constitutes an emergency situation affecting state security are essential to prevent the misuse of the SE for protectionist or politically motivated purposes. Ultimately, the research calls for a more robust framework to ensure that the Security Exception serves its intended purpose—protecting legitimate national security interests—while preventing its exploitation for unjustifiable trade barriers. The WTO must develop clearer guidelines and stronger mechanisms for transparency and accountability to maintain the integrity of the global trading system.
Mitigating Skepticism and Ignorance on the Environmental Protection During Armed Conflict at Sea Within the Legal Systems of Indonesia and Timor Leste Triyana, Heribertus Jaka; Monteiro, Seguito; Pramesti, Alexandra Mayla
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zcxewp07

Abstract

Marine environmental protection during armed conflict has become a matter of international public concern as escalating tensions among states at sea have caused significant damage to the marine environment. In practice, ambiguity and legal lacunae concerning the applicability of existing rules and regulations governing war at sea have weakened marine environment protection. The superfluous use of weapons, naval platforms, and radioactive substances has increased the attention given by Indonesia and the Democratic Republic of Timor-Leste. This research constitutes normative legal research since the analysis is mainly constructed through scrutiny of state conduct in complying with the law on naval warfare enshrined at the 1949 Geneva Conventions as well as in the San Remo Manual to avoid skepticism and avoidance for their national implementation. It focuses on proportionality, military objectives, and distinctive modes between combatant status at sea and the marine environment as a protected object during armed conflict. Consequently, the applicable rules and regulations provide legal frameworks for analyzing state conduct in addressing the imminent threat of marine environmental damage during armed conflict at sea, an issue to which Indonesia and the Democratic Republic of Timor-Leste are also attentive. This article reveals that clear and robust guidance concerning certain rights and obligations among combatants as well as parties to armed conflict at sea should be derived from principles of international law, including those found in the United Nations Conventions on the Law of the Sea, particularly the principle of due regard, in order to enhance state capacity to control and monitor their conducts. At the same time, the institutionalization of national rules and regulations should be established in practical terms to minimize potential marine destruction within the legal systems of Indonesia and Timor-Leste
Legal Policy of State Financial Losses Arrangement In A State-Owned Enterprise Swardhana, Gde Made; Monteiro, Seguito
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.61326

Abstract

This research aimed to examine the elements of state loss in regulations concerning the legal policy of state financial arrangements in a bankrupt state-owned enterprise and to analyze the effort of asset recovery related to state loss due to corruption based on the prevailing law in Indonesia and China. This is normative legal research with a comparative approach, with China being taken as a comparison. The study indicated that the elements of state loss are short of money, securities, and goods; it was caused by unlawful actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant, in the Indonesian legal system, asset recovery efforts can be examined from the perspective of criminal law and administrative law. The substance of state finances reveals the same element, namely that the financial loss of SOEs is a loss to state finances. In the execution of court decisions on SOE-owned assets in bankruptcy cases, the regulation does not provide fair legal recognition, protection, certainty, and equal treatment before the law in the management and accountability of state finances.
Co-Authors Agoes M.H. S.H. Djatmiko Elly Kristiani Purwendah Erowati, Eti Mul Gayatri, Ayu Nadya Gde Made Swardhana Gusmão, Eugenio de Sousa Hartana Heribertus Jaka Triyana Julian, Aris Rahmat Kbarek, Lukas Norman Martins Freitas, Raimundo Ni Putu Rai Yuliartini Pramesti, Alexandra Mayla Putra, Jaya Indra Santoso Putro, Yaries Mahardika Rusito Sefriani Sefriani