PEMBERLAKUAN PEMBATASAN EKSPOR MINYAK BUMI DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DAN THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 (GATT)/WTO SERTA IMPLIKASINYA TERHADAP KEDAULATAN EKONOMI INDONESIA

Nasrina, Nasrina

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 18 No. 1 (2019): Pena Justisia

The crude oil export restrictions which is necessary to supply domestic needs. However, the crude oil export restrictions must be applied in accordance with the provisions of the WTO / GATT that have been ratified and binding on Indonesia to avoid any claim from other WTO/GATT’s member. Indonesia have applied non tariff measures which may restrict the crude oil export in the form of management and utilization of government’s crude oil entitlement under Joint Cooperation Contract (JOC) by SKKMIGAS and PT. Pertamina, and contractor’s domestic market obligation equal to 25% (twenty five percent) of contractor’s crude oil entitlement under JOC production sharing. This research attempts to analyze are restrictions non tariff crosses wto to limit oil exports and has implications to sovereignty indonesian economyResearcher used a descriptive specification analysis, using the method of juridicial approach normative, that is an approach of the norms of the law, the comparison of law which emphasized the research through literature or secondary data. The technique used was literature study practice to a secondary data and retirement conclusions from the results of studies that have been collected perfomed by using the method of juridical analysis quantitative. Based on the research, Indonesia apply export restrictions petroleum by domestic market obligation didn’t the violation of the provisions article XI GATT which are in accordance with article XX General exceptions ( g ) having GATT which is the main objective of natural resource conservation  . the government limit in the form of non tariff of by means of dmo .DMO is interpretation of Sovereignty Indonesian Economy. Export restrictions petroleum also have an implication to sovereignty economy which is to change law No. 22 year 2001 concerning Oil and natural Gas. Export restrictions petroleum been written in law no. 22 2001 about oil and gas the earth not have an implication to sovereignty indonesian economy .Indonesia has implement authority and not the violation of the provisions GATT/WTO Keywords: Petroleum restrictions, implications, economic sovereignty