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All Journal Masalah-Masalah Hukum NOTARIUS LAW REFORM Diponegoro Law Journal International Conference on Law, Business and Governance (ICon-LBG) Jurnal Cakrawala Hukum Diponegoro Law Review Legal Standing : Jurnal Ilmu Hukum Unes Law Review Journal of Judicial Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Hukum dan Peradilan Riwayat: Educational Journal of History and Humanities Al-Bayyinah Asian Journal of Social and Humanities
Nanik Trihastuti
Faculty Of Law, Universitas Diponegoro
Religion Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Religious Norms vs. Global Trade Regulations: An Analysis of the WTO DS477/478 Dispute and Indonesia’s Halal Certification Sutrisno, Andri; Priyono, F.X. Joko; Trihastuti, Nanik; Maulidah, Khilmatin; Wendra, Muhammad
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11350

Abstract

This study examines Indonesia’s halal certification as both a legal instrument and an economic policy with direct implications for international trade. Using a normative juridical approach combined with qualitative economic analysis, it explores Law No. 33 of 2014 on Halal Product Assurance (UUJPH) and its application to meat import policies, particularly in the aftermath of WTO disputes DS477/478. Halal certification is framed as a fundamental necessity for Indonesia’s Muslim majority and as a legitimate objective under Article XX(a) of the GATT 1994, which protects public morals. The findings highlight two strategic dimensions of the policy: first, consumer protection and the enforcement of maqāṣid al-sharīʿah through traceable ingredients and production processes; second, its role as an economic tool to enhance product competitiveness, expand international market access, and strengthen Indonesia’s position within the global halal supply chain. However, significant challenges persist. Domestically, limited legal literacy, certification costs, and the constrained capacity of micro, small, and medium enterprises (MSMEs) hinder certification uptake. Internationally, mandatory halal certification is sometimes perceived as an additional technical barrier to trade, sparking trade disputes. Analysis of GATT 1994 Articles III and XI and TBT Agreement Articles 2.2 and 2.4 underscores the need for Indonesia’s policy to avoid unjustifiable discrimination and unnecessary trade restrictions. The study concludes that harmonizing the protection of public morals with multilateral trade commitments is essential. Policy recommendations include revising the UUJPH to align with international standards, strengthening the Halal Product Assurance Agency’s capacity, providing incentives and support for MSMEs, and expanding mutual recognition agreements with key trading partners. With evidence-based, transparent, and inclusive policies, Indonesia can reinforce its role as a global halal industry hub while safeguarding its trade reputation and balancing religious values with international trade obligations.
EFEKTIFITAS PERLINDUNGAN HUKUM MENGENAI HAK EKONOMI DAN HAK TERKAIT BAGI PENCIPTA MUSIK ATAS TINDAKAN COVER LAGU Ulayya, Kautsar Dewi; Trihastuti, Nanik
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13358

Abstract

Social media's purpose has changed from just being a means of communication to being a forum for sharing and publishing copyrighted works, such as music, thanks to its evolution. One illustration of this usage is the use of song covers, which are the re-performance of previously released songs and are common on websites like YouTube. The copyright system legally protects music as an artistic creation, including the economic and related rights of its authors. As evaluated by the implementation of the provisions of Law Number 28 of 2014 on Copyright and the fulfillment of economic rights through royalty payment systems, this study seeks to assess the efficacy of legal protection for the economic rights and related rights of music creators against the practice of song covers on YouTube. The study takes an empirical juridical approach, looking at the laws and how copyright protection is actually implemented in the workplace. The research demonstrates that the government has initiated legal protection measures, such as copyright registration, oversight, and legal support for composers through recognized organizations. The efficiency of such legal protection, however, is mostly contingent on the degree to which cover song artists adhere to their royalty and licensing duties. Consequently, raising digital platform users' understanding of the law is a crucial step toward safeguarding copyright in musical compositions.
Environmental Protection or Disguised Protectionism? Reassessing the Necessity Test in Brazil–Retreaded Tyres Sutrisno, Andri; Priyono, FX. Joko; Trihastuti, Nanik
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16156

Abstract

This article examines the interpretation and application of the necessary criterion under Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994 through critical doctrinal analysis of the WTO dispute Brazil–Measures Affecting Imports of Retreaded Tyres (WT/DS332). Employing normative legal research with a case-analytical and comparative approach, the article evaluates Brazil's 2007 import ban on retreaded tyres against the tripartite necessity framework legitimate objective, rational contribution, and the absence of reasonably available less trade-restrictive alternatives and critically interrogates the Appellate Body's application of the chapeau's non-discrimination requirements. The analysis finds that while Brazil's measure provisionally satisfied the Article XX(b) necessity criteria on the merits of its public health and environmental justification, the Appellate Body's chapeau ruling deployed a formalist methodology that conflated discrimination rooted in protectionist intent with discrimination arising from pre-existing regional treaty obligations and domestic judicial intervention beyond governmental control. This article argues that this interpretive approach imposes structurally unrealisable demands upon developing country regulatory actors and produces normatively unjustifiable outcomes. The article advances an original analytical framework for contextually differentiated interpretation of the chapeau, grounded in the Vienna Convention's object-and-purpose mandate, that distinguishes between bad-faith protectionism and institutionally constrained regulatory inconsistency.
Co-Authors Abidin, Nafil Prakoso Amarulah, Mirza Andri Sutrisno Daniel René Kandou Dewandaru, Prasetyo Aryo Diastama Anggita Ramadhan Dzulfiki Muhammad Rizki F. X. Joko Priyono Fifiana Wisnaeni FX Adji Samekto FX. Adji Samekto Grace Novelia Boru Tampubolon, Ombun Hadi Suratman Hananto, Pulung Widhi Hari Joko Priyono Kristiawan, Vissilius Geraldi Maulidah, Khilmatin Mira Novana Ardani Prananda, Rahandy Rizki Priyono, F.X. Joko Putri, Stephanie Apsari Qutub Guntur Darsanto, Sayyid Rahayu, Hesni Ramadhan, Idam Cahaya Rizki, Dzulfiki Muhammad Salawati Mat Basir, Salawati Mat Silviana, S. Siregar, Kathrin Angelika Tirza Gracia Shekinah Hutagaol Tri Laksmi Indreswari Ulayya, Kautsar Dewi Wendra, Muhammad Yeni Erviana Yuaga, Nugraha Endi