Manuscript Title

Legal Construction of Trade Security Measures (Safeguards) against Industrial Import Protection in Indonesia 

 

Author(s)

Amostian, Yusriadi, Ana Silviana

 

DOI Number: DOI: 10.5281/zenodo.10183501

 

Published: 15-05-2025

 

About The Author(s):

1. Amostian - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

2. Yusriadi - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

3. Ana Silviana - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

 

 

Abstract

The purpose of this study is to analyze: 1) What are the Rules of International and National Trade Law? 2) How does international trade impact domestic industry? 3) What are the Trade Safeguards against the protection of Industrial Imports in Indonesia? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The World Trade Organization is the only world trade organization that has a function, namely to regulate and facilitate international trade, so that there are several agreements and regulations in it, in order to create a harmonization of law. The organization was founded in 1995 which is a continuation of GATT. This organization is independent of the UN specialized agency, so this body exists independently. The organizational structure of the WTO itself follows the structure of its predecessor, the 1947 GATT. 2) The development of international trade in the context of economic globalization supported by the application of the principles of trade liberalization or free trade produces a significant influence on the laws applicable to each participating country. 3) Provisions regarding safeguard measures in Indonesia have several applicable legal rules, among others, in Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, Presidential Decree of the Republic of Indonesia Number 84 of 2002 concerning Security Measures for Domestic Industry from Due to the Surge in Imports, Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 84 / MPP / Kep / 2/2003 concerning Procedures and Requirements for Investigation Request on Safeguarding the Domestic Industry from the Aftermath of Import Surge and most recently Government Regulation of the Republic of Indonesia Number 34 of 2011 concerning Anti-Dumping Measures, Reward Measures and Trade Safety Measures. 

 

Keywords

Construction, Law, Measures, Safeguards, Trade, Safeguards, Protection, Imports, Industry, Indonesia

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