KANUN: JURNAL ILMU HUKUM
Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation

CIRCUMVENTION CHALLENGES IN THE WAKE OF TRUMP’S TARIFF POLICIES: INDONESIA’S STRATEGIC RESPONSES

Reza Pahlevi Chairul (Ministry of Trade, Indonesia)
Fuji Anrina (Ministry of Trade, Indonesia)



Article Info

Publish Date
19 Jan 2026

Abstract

In the absence of a multilateral World Trade Organization (WTO) framework to regulate circumvention, many countries have pursued unilateral remedies by enacting domestic laws and applying anti-circumvention measures to imported goods. Circumvention, evading duties, undermines the effectiveness of trade remedy instruments designed to protect domestic industries from unfair practices and import surges. Anti-circumvention regulations are complex and vary among major WTO members, creating significant enforcement challenges. These challenges have become especially acute amid global trade uncertainty driven by tariff measures during the United State of America under president Trump administration, underscoring the urgent need for enhanced policy dialogue, particularly regarding Indonesian interests. This article identifies key challenges facing Indonesia and proposes strategic responses. Using a normative legal approach, it highlights the rising number of anti-circumvention investigations by the United States of America (USA), the European Union (EU)’s broadened measures to include investment in developing countries, and unilateral actions by trading partners. It also examines the growing risks for Indonesian domestic producers due to circumvention activities. The article recommends to fostering discussions on circumvention issues in multilateral, regional, and bilateral fora; strengthening cooperation with international authorities; reinforcing the domestic regulatory framework to address fraudulent practices such as transshipment and weak customs enforcement; and finally promoting proactive cooperation from Indonesian companies during anti-circumvention investigations. These steps can protect Indonesian industries, bolster policy coherence, and contribute to a more predictable global trading environment.

Copyrights © 2025






Journal Info

Abbrev

KJIH

Publisher

Subject

Description

Kanun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...