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All Journal Unes Law Review Jurnal Supremasi
Jason, Ferdinand
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Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Implikasi Putusan World Trade Organization terhadap Larangan Ekspor Nikel Indonesia oleh Uni Eropa Jason, Ferdinand; S Shahrullah, Rina; Syarief, Elza
Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i1.3528

Abstract

Indonesia as a member of the World Trade Organization (WTO) is bound by the General Agreement on Tariffs and Trade (GATT) and WTO regulations. In an effort to increase domestic raw material processing, Indonesia implemented an export ban on nickel ore and other minerals. However, this action sparked protests from the European Union, leading to a lawsuit filed with the WTO. This article analyzes the WTO decision in the context of international trade principles, examining its legal applicability in Indonesia and its impact on other types of minerals. The research method used is a normative legal approach or doctrinal research. The final decision of the WTO dispute settlement panel declared that Indonesia's policy of export bans and mandatory processing of nickel minerals violated Article XI.1 of the GATT 1994. Nevertheless, Indonesia appealed the decision and remains committed to the nickel ore export ban to advance the economy and welfare of its people. Thus, this policy represents a bold step towards downstream the mining industry.
KEPASTIAN HUKUM BAGI PENANAM MODAL ASING SEHUBUNGAN DENGAN INKONSTITUSIONAL UNDANG-UNDANG CIPTA KERJA Jason, Ferdinand; Tan, David
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.240

Abstract

Foreign Investment or commonly referred to as PMA is an investment activity carried out by foreign investors with the aim of being able to expand business or business in a country territory. In this case, the Indonesian government is trying to improve the investment climate in Indonesia by presenting the Job Creation Law. The existence of the Employment Creation Law has created a number of contradictions with the laws and regulations. This normative juridical research will discuss legal certainty for foreign investment in relation to the constitutional work creation law. This study aims to determine the basis and reasons for the formal examination of the Job Creation Act in the Constitutional Court, as well as to determine legal certainty for PMA. The results of the study indicate that legal certainty for PMA is currently a problem, so that the government plays an important role in making policies that do not harm the parties.
Co-Authors Elza Syarief, Elza S Shahrullah, Rina Tan, David