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All Journal Jurnal Hukum Lex Generalis Jurnal Kajian Pembaruan Hukum Journal of Law, Administration, and Social Science
Sitorus, Yosef Felix
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Hukum Lex Generalis

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Penyelesaian Sengketa Minyak Kelapa Sawit Mentah Indonesia dengan Uni Eropa Melalui Dispute Settlement Body World Trade Organization Simbolon, Meha Middlyne; Sitorus, Yosef Felix
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.798

Abstract

Indonesia and the European Union are involved in an international trade dispute over palm oil, which has been addressed through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO). The dispute was triggered by the European Union's policies, such as the Renewable Energy Directive II and regulations related to palm oil-based biofuel, which are considered discriminatory and detrimental to Indonesia's exports. The WTO, through the DSB, successfully mediated the trade dispute between Indonesia and the European Union. From the perspective of international law, the WTO serves as an institution that enforces binding rules, enabling it to resolve trade disputes fairly. The WTO panel reviewed the Technical Barriers to Trade Agreement and the General Agreement on Tariffs and Trade 1994, which were the core of Indonesia's objections. The panel's findings revealed that certain European Union policies violated the principle of non-discrimination, while some of Indonesia's claims were not substantiated. This article also examines the implications of the decision through the lens of the theory of comparative advantage, which supports Indonesia's right to utilize its natural advantages in efficiently producing palm oil. The WTO's decision is expected to encourage the European Union to revise its policies and strengthen Indonesia's position in global trade.
Co-Authors Muchtar, Masruri Simbolon, Meha Middlyne