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Journal : LEGAL BRIEF

An An Analysis of Export Restriction Policies for Indonesian Nickel: Strengthening Indonesia's Opportunities from the European Union's Lawsuit Regarding Export Restrictions for Nickel: Adi Gunawan; Nadir Nadir
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Indonesia's international trade disputes do not just happen once. It has been recorded that Indonesia has entered the WTO's green table several times in the trade dispute settlement. Then, what needs attention is that the Indonesian government was defeated in the trial at the WTO in most of the many disputes facing Indonesia. The main reason for the defeat of the dispute was the weak arguments presented by representatives of the Indonesian government. Indonesia has entered a new lawsuit from the European Union at the WTO regarding theĀ  Nickel Export Restriction with Dispute Settlement (DS) Complaint Number 592 on November 22, 2019, on the grounds of violating Article XI: I GATT agreement, related to the prohibition of quantitative restrictions. At the moment, the dispute must be won by Indonesia because it concerns the State's sovereignty regarding natural resources, which are very limited in number and cannot be renewed. This research objective was to provide input in ideas or statements in juridical theories and norms, which were strengthened by doctrines as a refutation of the allegations raised by the European Union in the WTO Session. Furthermore, this research used a normative juridical research method, with secondary data based on writings from some electronic mass media.
The Community Conflict Settlement With Customary Law And Local Wisdom Approaches And Law No. 7 Of 2012 Concerning Handling Of Social Conflicts Adi Gunawan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.155 KB)

Abstract

In every society, there must be a conflict with different levels and intensities and various causes because social conflict is an inseparable part of the dynamics of people's lives. However, the most important thing about the conflict is how to resolve the conflict and restore peace to society as before. The conflict resolution mechanism that is most often used is customary law and local wisdom because nowadays, Indonesian society is still classified as a traditional society with a magical religio style. If a problem cannot be resolved, it will be resolved using Law No. 7 of 2012 concerning the Handling of social conflicts. This research was library research included in normative sociological research using secondary data equipped with laws and regulations.