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Analisis Yuridis Kewajiban Anti Dumping Bagi Sebagian Produk Fatty Alcohol antara Indonesia dan Uni Eropa: Gea Ossita S*, Eduard Awang Maha Putra, Baiq Riska Anggi Safitri Gea Ossita S; Eduard Awang Maha Putra; Baiq Riska Anggi Safitri
JISOSEPOL: Jurnal Ilmu Sosial Ekonomi dan Politik Vol. 1 No. 2 (2023): JISOSEPOL : Jurnal Ilmu Sosial Ekonomi dan Politik
Publisher : Samudra Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61787/0wq7fe63

Abstract

This research aims to analyze the case of anti-dumping obligations against fatty alcohol products in the dispute between Indonesia and the European Union. The research method used is normative legal research, using a statutory approach and conceptual approach. The result shows that anti-dumping provisions are regulated internationally in Article VI of GATT 1947. As one of the countries that is part of the World Trade Organization, Indonesia ratified the provisions of GATT-WTO with the issuance of Law Number 7 of 1974 dated November 2, 1994, concerning the ratification of the Agreement on Establishing the World Trade Organization (WTO). The lawsuit filed by Indonesia on the case of the application of anti-dumping obligations applied to some fatty alcohol products from Indonesia was rejected by the international trade dispute settlement panel of the World Trade Organization (WTO), namely the Dispute Settlement Body (DSB) because the European Union could present strong evidence of its reasons for applying anti-dumping obligations to some fatty alcohol products imported by PT Musim Mas, while Indonesia or PT Musim Mas could not prove that the application of anti-dumping obligations carried out by the European Union violated Article 2.4 and Article 3.5 of the anti-dumping agreement, Therefore, Indonesia is proven to have committed dumping in some fatty alcohol products exported to the European Union. Dumping committed by Indonesia is reinforced by the detrimental impact on the domestic industry of similar goods in the European Union in accordance with the provisions of the conditions for dumping in Article 3.5 of the anti-dumping agreement.
PENERAPAN METODE RIA DALAM PEMBENTUKAN PERJANJIAN INTERNASIONAL: UPAYA OPTIMALISASI KETERLIBATAN RAKYAT DALAM MEWUJUDKAN NEGARA KESEJAHTERAAN Fathul Hamdani; Ana Fauzia; Eduard Awang Maha Putra
Jurnal Yuridis Vol 10 No 1 (2023): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v10i1.6377

Abstract

From the Welfare State perspective, the state is also referred to as a social services state or an agency of services. The form of social services from the state in the context of realizing general welfare is that the government in building international cooperation must always consider national interests through community participation. This study aims to evaluate the practice of forming international agreements concerning people's participation, and analyzing how the RIA method can increase people's involvement in the formation of international agreements. Writing this article applies normative legal research methods, with statutory, conceptual, and comparative approaches. The research results show that the involvement of the House of Representatives as a form of people's participation in the formation of international agreements can be said to be quite minimal. In contrast to some countries such as Germany, the House of Representatives or parliament must be provided with information regarding the negotiation process that is being carried out by the Government. Likewise in the United States, Parliament can participate in the negotiation process on international agreements for certain fields. Even though Article 2 of the Law on International Agreements mentions a mechanism for consultation by the government regarding international agreements that concern the public interest. However, there is no further explanation of whether the Consultation mechanism is voluntary or an obligation for the executive. Therefore, one of the methods that can be applied to increase public participation, especially through the involvement of the House of Representatives is to apply the RIA method.