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All Journal SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Syntax Literate: Jurnal Ilmiah Indonesia Unes Law Review CITRA JUSTICIA : Majalah Hukum dan Dinamika Kemasyarakatan UNES Journal of Swara Justisia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal AKAL: Abdimas dan Kearifan Lokal Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti The Easta Journal Law and Human Rights Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Amicus Curiae
Rosdiana Saleh, Rosdiana
Faculty Of Law Universitas Trisakti
Religion Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Transportation Other

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Journal : Amicus Curiae

 1 
SAFEGUARDS ATAS IMPOR BENANG DARI SERATSTAPEL SINTETIK DAN ARTIFISIAL BERDASARKANPERATURAN SAFEGUARDS: Safeguards on the Import Of Yarn Products  of Synthetic And Artificial Staple Fibers Under Safeguards Regulations Qonita, Leilani Tertia; Saleh, Rosdiana
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/tmdcjc89

Abstract

The imposition of safeguards on the import of yarn products of synthetic and artificial staple fibers is based on regulations in the field of safeguards. Safeguards can be imposed if there is a surge in imported productsthat threatens the domestic industry. The problems in this research is: how is the evidence conducted by KPPI against the threat of serious injury or serious injury of products that are considered competitive andextension of safeguards on the import of import of yarn products of synthetic and artificial staple fibers.The method is qualitaive with the main data being secondary data through library research and supported by interviews which were then analyzed qualitatively and conclusions were drawn using the deductivemethod. The conclusion of this study is: it is proven that there is a threat of serious injury experienced by the domestic industry which is determined by analyzing all related indicators. An investigation into the extension of the BMTP is carried out in accordance with regulations in the field of safeguards. It is better for domestic industrial business actors and the government to work together to improve quality of the industry for the BMTP action period and the BMTP extension that has been determined so that a domestic industry is created that avoids the threat of serious injury or serious injury.
PENGENAAN SUBSIDI BAJA NIRKARAT PRODUKSI INDONESIA DALAM PUTUSAN UNI EROPA DITINJAU DARI HUKUM PERDAGANGAN INTERNASIONAL: The Imposition of Subsidies on Indonesian Stainless Steel Production in the European Union Decision in View of International Trade Law Agung Wijaya; Saleh, Rosdiana
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.21919

Abstract

Subsidies are given with the aim of supporting the export performance of a country and promoting welfare, especially for developing countries. Subsidy regulation refers to the rules of the GATT and WTO Agreement. GATT has regulated subsidies in Article XVI of GATT, while the WTO Agreement that regulates subsidies is the SCM Agreement. Article XVI of GATT stipulates that subsidies provided by developing countries for economic improvement cannot be sanctioned in the form of countervailing duty. The problem is whether the subsidization of stainless steel products produced in Indonesia and exported to the European Union violates or does not violate the rules of the GATT / WTO Agreement? This research is a normative and descriptive research to examine the subsidies as argued by the European Union. Secondary data becomes the main data which is processed qualitatively and then collected through literature study. Finally, deductive conclusions are drawn from the analysis that has been done. Indonesia's policy regarding stainless steel does not violate the rules of the GATT / WTO Agreement so that the imposition of sanctions by the European Union is not in accordance with the rules of international trade law. 
PENERAPAN ANTI-DUMPING INTERNATIONAL TRADE COMMISSION AMERIKA DALAM KASUS PRESTRESSED CONCRETE STEEL WIRE STRAND INDONESIA BERDASARKAN GENERAL AGREEMENT ON TARIFFS AND TRADE: Application Of Anti-Dumping By The United States International Trade Commission In The Case Of Prestressed Concrete Steel Wire Strand From Indonesia Based On General Agreement Tariffs And Trade Zaki Fachrezi; Rosdiana Saleh
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24000

Abstract

GATT (General Agreement on Tariffs and Trade) authorizes its member countries to take anti-dumping measures against imported products that enter with dumping practices to protect domestic producers and markets. However, the implementation of anti-dumping policies often does not work as it should. This can be seen in the case of the application of anti-dumping by the United States against preset pressed concrete steel wire strand products from Indonesia, which raises issues related to the suitability of the action with the provisions of the GATT and the legal steps that can be taken by Indonesia in the face of the dumping allegations. This research uses secondary data, so it is classified as normative research with a descriptive approach and uses a deductive inference method. USITC (United States International Trade Commission) stated that PT Bumi Steel Indonesia did not fully demonstrate the Best of Its Ability during the anti-dumping investigation process. The result and conclusion of this research shows that the application of Adverse Facts Available-based dumping margin is not in line with GATT provisions. The different interpretation of Best of Its Ability between USITC and PT Bumi Steel Indonesia, which refers to Articles 6.1 and 6.2 of the Anti-Dumping Agreement, caused PT Bumi Steel Indonesia to be subject to the highest dumping margin. As a legal measure, Indonesia may file a dispute under the provisions of the Dispute Settlement Understanding (DSU).
PERBANDINGAN PENGATURAN PENGADAAN BARANG DAN JASA DI LINGKUP BUMN ANTARA NEGARA INDONESIA DAN MALAYSIA: Comparison Of Arrangement For The Procurement Goods And Services Within The Scope Of Soes Between Indonesia And Malaysia Raizidane Zavier Rais; Rosdiana Saleh
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24688

Abstract

Government procurement of goods and services plays an important role in encouraging economic growth for the welfare of the people. SOEs as strategic economic actors also support the national economy based on the principles of economic democracy. In procuring goods and services, SOEs have Standard Operating Procedures (SOP) in accordance with applicable laws and regulations. In Indonesia, procurement is regulated through the Regulation of the Minister of SOEs Number PER-2/MBU/03/2023 with a normative and bureaucratic approach that emphasizes procedural compliance. Malaysia through the Red Book: Procurement Guidelines & Best Practices adopts a strategic and flexible approach oriented towards Good Corporate Governance and value for money. This study identification problem about the similarities and differences in Standard Operating Procedures (SOPs) for the procurement of goods and services within the scope of Indonesian and Malaysian SOEs, as well as the obstacles in conducting legal comparisons. The method used is normative with a descriptive analytical legal comparative approach. The results and conclution of article show that while both uphold the principles of transparency and accountability, Malaysia's system more adaptive and innovative through digitalization. Indonesia still faces bureaucratic and institutional challenges. Legal comparative obstacles arise from differences in the basic legal system adopted by each country.
Co-Authors Abrianti, Sharda Adhyaksa Muhammad Ilham Soekotjo Agung Wijaya Agus Sugiyatmo Agus Sugiyatmo Aloysius Uwiyono Azhari, Rizka Anugrah Bonifansius Sulimas Christine S.T. Kansil Christine S.T. Kansil Dewi, Sari Amalia Eriyantouw Wahid Hasibuan, Laura Erika Imam Basuki Rahmanto Kerti, Renti Maharaini Martadikusuma, Ade Darajat Masyitoh Yahya Sinaga Muhammad Firmandhana Jati Kusuma Muninggar, Roro Ajeng Muriani Muriani Ningrum, Rinandu Kusumajaya Qonita, Leilani Tertia Rahayu Eka Pratiwi Neoe, Sry Raizidane Zavier Rais Simona Bustani, Simona Siska Dwi Andini Sry Rahayu Eka Pratiwi Neoe Sugiastuti, Yunita Supartono, Sugeng Utomo, Prihady Zaki Fachrezi