I am a PhD candidate in LAW Group, Wageningen University, the Netherlands, and a lecturer in the Faculty of Law, Sultan Ageng Tirtayasa University, Banten, Indonesia. Address: Indonesia
Since 1947 there are more than hundreds of regional economic agreements, namely European Union, N... more Since 1947 there are more than hundreds of regional economic agreements, namely European Union, NAFTA, ASEAN, SAARC, MERCOSUR, Australia-New Zealand Closer economic relations Agreement, etc. Free Trade Agreements (FTAs) are undoubtedly becoming a prominent feature in the world trading system. An FTA may be an easy substitute for a difficult multilateral arrangement. At present, the big four FTAs (the EU, NAFTA, the MERCOSUR and the ASEAN) account for 57% of the total export trade and 63% of the total import trade in the world. Recently, goods product from Korea has increased tremendously in our domestic market, especially for electronics product. Korean product starting to subtitute china product in every part of goods. With an equal quality, less price and better design, korea product becoming an alternative product choices over japan product. surely, Indonesia is a big market for Korea. Safeguard measures is one of the WTO instrument to protect domestic industry from import product. Safeguards provision has some requirements to fullfill. A safeguard is one of trade instrument regulated on WTO Agreement. Member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers. Regarding on that issues above, this paper will overview safeguard measures on ASEAN-Korea Free Trade Agreement on Trade in Goods and make some comparation with the GATT/WTO provision. Some issues on how is position of Free Trade Area in the system of WTO regime and how Indonesia able to get benefit from safeguard measures as developing country in the big ‘stream’ of ASEAN free trading is disscussed as well. So that, there will be clear path to be examine whether Indonesia has a good bargaining in this ASEAN-Korea FTAs system, and how is safeguards measure works in ASEAN-Korea FTAs.
World Global Crisis causes all trade world find difficulties. There will be increasing particular... more World Global Crisis causes all trade world find difficulties. There will be increasing particularly import product in a country, including to Indonesian market. This situation faced by national industry. This getting worse by the implementation of free trade agreement between ASEAN member and China in the form of ASEAN China Free Trade Agreement (ACFTA). Steel as national strategic industry is a vital industry for developing country like Indonesia, so government should protect it against incursion of import products. Increasing imported products directly impact to most downstream steel industry, such as nail, successor steel, strand metal, steel wire rope, nut, bolt and other. Indonesia as member of WTO can use GATT/WTO safeguards instrument to protect domestic downstream steel industry from increasing import of downstream steel product. This article analyzes: first, how to protect domestic industry through safeguards GATT/WTO instrument in Indonesia and, how does implementation of safeguards instrument has protecting Indonesia domestic downstream steel industry. The protection for domestic industry through safeguards GATT/WTO instrument in Indonesia executed under trade security instruments, namely President Decision (Kepres No. 84 Year 2002) and Act 17/2006 (UU No. 17 Year 2006). Some provisions in these instruments have not yet in accord to Safeguards Agreement and growth of industry progress. Safeguards regulations do not give protection to downstream steel industry effectively. There are numbers of constraint faced by downstream steel industry and by KPPI.
The research examined how ASEAN is moving towards legislative harmonization in the key economic s... more The research examined how ASEAN is moving towards legislative harmonization in the key economic sector of halal foods. The research investigated how ASEAN has promoted economic integration by building regional consensus regarding controversial issues, such as the definition of halal food, and discuss the role of other international instruments in building regional consensus-the "ASEAN" way. Qualitative methodology was used by integrating a historical, doctrinal, and comparative approach. The first analysis was on the process leading to adopting ASEAN halal food guidelines, which constitute the most concrete output of regional efforts to bring domestic standards closer. The following procedures were to compare and contrast these instruments substantively to identify the areas where new consensus has been found and those where disagreements persist. Finally, the research examined the potential influence of the guidelines adopted by the Codex Alimentarius Commission, the Organization of Islamic Cooperation, and MABIMS in drafting ASEAN instruments. The research concludes that despite of lengthy and difficult road to gaining consensus through the ASEAN way mechanism, member states have successfully agreed on some elements of halal standards. However, the guidelines require member states' legislation to achieve full harmonization in addition to ASEAN soft law. Moreover, international initiatives have impacted ASEAN's halal standards in important ways. Some issues regarding harmonization remain, such as mutual recognition and labelling, and require further investigation.
The article studies the intersection of religious regulation and trade law. Specifically, it prov... more The article studies the intersection of religious regulation and trade law. Specifically, it provides evidence about whether, when, and how domestic Halal measures are regarded as trade obstacles under World Trade Organization law. We conduct a systematic content analysis of Halal measures as a trade concern in the work of the Sanitary and Phytosanitary Measures and the Technical Barriers to Trade Committees, by analysing notifications of domestic Halal measures and Specific Trade Concerns raised. On this basis, we identify the five most pressing trade concerns relating to Halal measures in International Economic Law.
The Indonesian government recently won for keeping its rights on Clove Cigarette Case in WTO. It ... more The Indonesian government recently won for keeping its rights on Clove Cigarette Case in WTO. It became a winning diplomacy on Indonesia trade. Indonesia has an objection on United States cigarette policy, which prohibit product of clove cigarette (mostly imported by Indonesia) in United States, because such policy violate one of the most important principle on WTO, Non-Discrimination Principle, which are Most Favoured Nations (MFN) and National Treatment. Indonesia won this case in both, Panel and Appellate Body. This winning is not only important for Indonesia but for all country, mainly for Developing and Less Developing Country member of WTO. This paper will examine the significance and contents of Non Discrimination Principle from the perspective of Indonesia-United States Tobacco Case. Pemerintah Indonesia baru-baru ini memenangkan perkara dalam kasus Clove Cigarrette Case yang dibawa ke hadapan Badan Penyelesaian Sengketa World Trade Organisation (WTO Dispute Settlement Body)...
Many illegal migrants are preferring to enter Indonesia before they go to Australia. In order to ... more Many illegal migrants are preferring to enter Indonesia before they go to Australia. In order to tackle the arrival of those illegal migrants, Australian government enforces Third Country's policy and ban the illegal migrants by sending the m back to Indonesia n water. As sovereign state does Indonesia has an effective policy to hand le these issues ? This research applies juridical normative approach using primary and secondary data, studying and evaluating such law principles and relevant law s . This research concludes that through Act No.6 Year 2011 on Imigration , Indonesia deals with ineffective and partial by putting illegal migrant as victim rather than smuggl er . As the policy considers them as victims, t here are no sanction s and deterrent effect s . Indonesia shall apply the Principle of State Sovereignty for basic guid ance to mak e policy concerning illegal migrant.
Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal th... more Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal the jetty lines that done by harmonizing the regulation of the stipulating the useful of the archipelago jetty lines that matching with region of NKRI by positive law instrument of Indonesia. But which require to be reemphasized is Indonesia obligation to make a map of the regional border line of Indonesia, because till in the end Indonesia still use the illustrative map that made in the 1960 year. The government of Indonesia have to immediately make the map of the region of Indonesia by using dot co-ordinate of the jetty lines of Indonesia archipelago which have been specified according to PP No.37 year 2008 to take care the sovereignty of Indonesia. Kata kunci : pengukuran lebar laut territorial, garis pangkal dan hukum Indonesia.
The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have be... more The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have been deployed by countries is safety and health standards/technical specifications. In many Muslim countries, Halal standard has essential part in protecting consumer rights. National labeling laws must seek a balance between labeling requirements and certification to minimize barriers to the free trade. The problem is every nation has own Halal Standard. This could result trade dispute among parties since import product cannot enter local market based on different Halal Standard. This situation remains as non-tariff barriers to free trade. By capturing the differences of Halal Standard in some ASEAN countries, the result shows some challenges rise for ASEAN to create one unified Halal Standard framework in order to gain strong ASEAN single market in the future. Keywords: non-tariff barriers, halal, standard, international trade.
Harmonization of Halal standards and conformity assessment procedures under the umbrella of a reg... more Harmonization of Halal standards and conformity assessment procedures under the umbrella of a regional organization may be necessary. In ASEAN, different Halal Standard have created some obstacles for free trade, particularly critical for free trade within ASEAN member countries. The development of the Halal Standard regime demonstrates that Halal Standards are adjusted. By taking ASEAN as a case study, the paper explains whether and how Halal Standards constitute trade barriers in respect of technical regulations. It compares Indonesia and Malaysia different Halal Standards in order to create insights into the (lack of) uniformity of Halal Standards within ASEAN members. The research affirms that Halal Standardisation and Certification is one of the trade barriers in ASEAN. The results show that the current situation in the region necessitates a (regionally) unified standard to overcome trade barriers within members.
Abstrak : Keberadaan warganegara asing semakin menigkat seiring dengankebutuhan pasar bebas dan s... more Abstrak : Keberadaan warganegara asing semakin menigkat seiring dengankebutuhan pasar bebas dan sumber daya manusia yang tidak lagi berbatas(borderless). Terutama sejak banyaknya investasi asing yang masuk di ProvinsiBanten. Jumlah orang asing di Provinsi Banten terdapat 5687 orang, data ini belumtermasuk orang asing yang masuk secara ilegal sebagai imigran ilegal. SetiapPenduduk (termasukWarga Negara Asing) mempunyai hak untuk memperolehDokumen Kependudukan, pelayanan yang sama dalam Pendaftaran Penduduk danPencatatan Sipil, perlindungan atas Data Pribadi, kepastian hukum atas kepemilikandokumen, informasi mengenai data hasil Pendaftaran Penduduk dan Pencatatan Sipilatas dirinya dan/atau keluarganya dan ganti rugi dan pemulihan nama baik sebagaiakibat kesalahan dalam Pendaftaran Penduduk dan Pencatatan Sipil sertapenyalahgunaan. Pemerintah daerah dapat mengambil sebuah kebijakan tersendiriterkait dengan mengoptimalkan keberadaan orang asing di wilayahnya untuk dapatmeningkatkan Pen...
The use of non-tariff protection, increased during 1980s, mostly as a substitute for the tariffs ... more The use of non-tariff protection, increased during 1980s, mostly as a substitute for the tariffs which were outlawed. One of Non-tariff measures which have been deployed by both developed and developing countries is safety and health standards/ technical specifications. In most Muslim countries or country with a Muslim majority, Halal standard having essential part in protecting consumer rights. Food labelling frameworks aim to regulate different interest, which range of human health, religion and consumers’ rights to international trade. National labelling laws must seek a balance between labelling requirements and certification, so that, it will not constitute barriers to the free trade. Nowadays, the development of food processing technology is making a “simple” halal food becomes a complex one. Every nation has their own Halal Standard regulation. According to KFH research (2014), the global halal economy was valued at approximately USD 3.2 tln in 2012 and this sector is forecas...
Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal th... more Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal the jetty lines that done by harmonizing the regulation of the stipulating the useful of the archipelago jetty lines that matching with region of NKRI by positive law instrument of Indonesia. But which require to be reemphasized is Indonesia obligation to make a map of the regional border line of Indonesia, because till in the end Indonesia still use the illustrative map that made in the 1960 year. The government of Indonesia have to immediately make the map of the region of Indonesia by using dot coordinate of the jetty lines of Indonesia archipelago which have been specified according to PP No.37 year 2008 to take care the sovereignty of Indonesia. Kata kunci : pengukuran lebar laut territorial, garis pangkal dan hukum Indonesia.
Abstrak Semakin meningkatnya imigran Ilegal yang masuk melalui Indonesia menuju Australia membuat... more Abstrak Semakin meningkatnya imigran Ilegal yang masuk melalui Indonesia menuju Australia membuat Australia menerapkan kebijakan untuk menangkal masuknya imigran illegal, berupa kebijakan penghalauan dan kebijakan Negara Ketiga. Apakah Indonesia sebagai negara yang berdaulat telah membuat kebijakan yang cukup efektif dalam menyelesaikan persoalan imigran ilegal di dalam negerinya sendiri. Persoalan apa saja yang dihadapi Indonesia dengan kebijakan yang di ambil hingga saat ini. Dengan metodologi pendekatan Yuridis Normative, menggunakan data primer dan sekunder, mempelajari dan mengevaluasi beberapa prinsip-prinsip dan norma-norma hukum terkait Kedaulatan Negara dan Imigran Ilegal yang diperoleh dari pustaka dan peraturan perundang-undangan, kemudian di analisis secara deskriptif kualitatif untuk memperoleh kesimpulan. Hasil penelitian menunjukkan bahwa kebijakan Indonesia melalui UU No.6 Tahun 2011 tentang Keimigrasian, dalam penanganan persoalan imigran ilegal masih belum efektif dan bersifat parsial dengan masih menempatkan imigran ilegal sebagai korban. Tidak ada sanksi dan efek jera bagi mereka. Prinsip Kedaulatan Negara harus dijadikan pedoman bagi Indonesia dalam membuat kebijakan pengaturan mengenai imigran ilegal. Abstract Many illegal migrants preferring to enter Indonesia before they go to Australia. Australia takes some policy on tackling those illegal migrants, by giving back them to Indonesia water and Third Country's policy. Is Indonesia as a sovereign state has an effective policy for handling these illegal migration issues domestically. What issues facing by Indonesia concerning illegal migrant today. This research leads to juridical normative approach by using primary and secondary data, studying and evaluating some law principles and positively norms of law which came from literacy and regulation, then analyzed qualitatively to gain conclusion. A research result that, Indonesia policy through Act No.6 Year 2011 About Imigration, in overcoming illegal migrant issues still not effectively and partially by putting them as a victim rather than actor of smuggling. There are no sanction and deterrent effect. State Sovereignty Principle shall be the basic guiding for Indonesia when making policy concerning illegal migrant.
Since 1947 there are more than hundreds of regional economic agreements, namely European Union, N... more Since 1947 there are more than hundreds of regional economic agreements, namely European Union, NAFTA, ASEAN, SAARC, MERCOSUR, Australia-New Zealand Closer economic relations Agreement, etc. Free Trade Agreements (FTAs) are undoubtedly becoming a prominent feature in the world trading system. An FTA may be an easy substitute for a difficult multilateral arrangement. At present, the big four FTAs (the EU, NAFTA, the MERCOSUR and the ASEAN) account for 57% of the total export trade and 63% of the total import trade in the world. Recently, goods product from Korea has increased tremendously in our domestic market, especially for electronics product. Korean product starting to subtitute china product in every part of goods. With an equal quality, less price and better design, korea product becoming an alternative product choices over japan product. surely, Indonesia is a big market for Korea. Safeguard measures is one of the WTO instrument to protect domestic industry from import product. Safeguards provision has some requirements to fullfill. A safeguard is one of trade instrument regulated on WTO Agreement. Member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers. Regarding on that issues above, this paper will overview safeguard measures on ASEAN-Korea Free Trade Agreement on Trade in Goods and make some comparation with the GATT/WTO provision. Some issues on how is position of Free Trade Area in the system of WTO regime and how Indonesia able to get benefit from safeguard measures as developing country in the big ‘stream’ of ASEAN free trading is disscussed as well. So that, there will be clear path to be examine whether Indonesia has a good bargaining in this ASEAN-Korea FTAs system, and how is safeguards measure works in ASEAN-Korea FTAs.
World Global Crisis causes all trade world find difficulties. There will be increasing particular... more World Global Crisis causes all trade world find difficulties. There will be increasing particularly import product in a country, including to Indonesian market. This situation faced by national industry. This getting worse by the implementation of free trade agreement between ASEAN member and China in the form of ASEAN China Free Trade Agreement (ACFTA). Steel as national strategic industry is a vital industry for developing country like Indonesia, so government should protect it against incursion of import products. Increasing imported products directly impact to most downstream steel industry, such as nail, successor steel, strand metal, steel wire rope, nut, bolt and other. Indonesia as member of WTO can use GATT/WTO safeguards instrument to protect domestic downstream steel industry from increasing import of downstream steel product. This article analyzes: first, how to protect domestic industry through safeguards GATT/WTO instrument in Indonesia and, how does implementation of safeguards instrument has protecting Indonesia domestic downstream steel industry. The protection for domestic industry through safeguards GATT/WTO instrument in Indonesia executed under trade security instruments, namely President Decision (Kepres No. 84 Year 2002) and Act 17/2006 (UU No. 17 Year 2006). Some provisions in these instruments have not yet in accord to Safeguards Agreement and growth of industry progress. Safeguards regulations do not give protection to downstream steel industry effectively. There are numbers of constraint faced by downstream steel industry and by KPPI.
The research examined how ASEAN is moving towards legislative harmonization in the key economic s... more The research examined how ASEAN is moving towards legislative harmonization in the key economic sector of halal foods. The research investigated how ASEAN has promoted economic integration by building regional consensus regarding controversial issues, such as the definition of halal food, and discuss the role of other international instruments in building regional consensus-the "ASEAN" way. Qualitative methodology was used by integrating a historical, doctrinal, and comparative approach. The first analysis was on the process leading to adopting ASEAN halal food guidelines, which constitute the most concrete output of regional efforts to bring domestic standards closer. The following procedures were to compare and contrast these instruments substantively to identify the areas where new consensus has been found and those where disagreements persist. Finally, the research examined the potential influence of the guidelines adopted by the Codex Alimentarius Commission, the Organization of Islamic Cooperation, and MABIMS in drafting ASEAN instruments. The research concludes that despite of lengthy and difficult road to gaining consensus through the ASEAN way mechanism, member states have successfully agreed on some elements of halal standards. However, the guidelines require member states' legislation to achieve full harmonization in addition to ASEAN soft law. Moreover, international initiatives have impacted ASEAN's halal standards in important ways. Some issues regarding harmonization remain, such as mutual recognition and labelling, and require further investigation.
The article studies the intersection of religious regulation and trade law. Specifically, it prov... more The article studies the intersection of religious regulation and trade law. Specifically, it provides evidence about whether, when, and how domestic Halal measures are regarded as trade obstacles under World Trade Organization law. We conduct a systematic content analysis of Halal measures as a trade concern in the work of the Sanitary and Phytosanitary Measures and the Technical Barriers to Trade Committees, by analysing notifications of domestic Halal measures and Specific Trade Concerns raised. On this basis, we identify the five most pressing trade concerns relating to Halal measures in International Economic Law.
The Indonesian government recently won for keeping its rights on Clove Cigarette Case in WTO. It ... more The Indonesian government recently won for keeping its rights on Clove Cigarette Case in WTO. It became a winning diplomacy on Indonesia trade. Indonesia has an objection on United States cigarette policy, which prohibit product of clove cigarette (mostly imported by Indonesia) in United States, because such policy violate one of the most important principle on WTO, Non-Discrimination Principle, which are Most Favoured Nations (MFN) and National Treatment. Indonesia won this case in both, Panel and Appellate Body. This winning is not only important for Indonesia but for all country, mainly for Developing and Less Developing Country member of WTO. This paper will examine the significance and contents of Non Discrimination Principle from the perspective of Indonesia-United States Tobacco Case. Pemerintah Indonesia baru-baru ini memenangkan perkara dalam kasus Clove Cigarrette Case yang dibawa ke hadapan Badan Penyelesaian Sengketa World Trade Organisation (WTO Dispute Settlement Body)...
Many illegal migrants are preferring to enter Indonesia before they go to Australia. In order to ... more Many illegal migrants are preferring to enter Indonesia before they go to Australia. In order to tackle the arrival of those illegal migrants, Australian government enforces Third Country's policy and ban the illegal migrants by sending the m back to Indonesia n water. As sovereign state does Indonesia has an effective policy to hand le these issues ? This research applies juridical normative approach using primary and secondary data, studying and evaluating such law principles and relevant law s . This research concludes that through Act No.6 Year 2011 on Imigration , Indonesia deals with ineffective and partial by putting illegal migrant as victim rather than smuggl er . As the policy considers them as victims, t here are no sanction s and deterrent effect s . Indonesia shall apply the Principle of State Sovereignty for basic guid ance to mak e policy concerning illegal migrant.
Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal th... more Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal the jetty lines that done by harmonizing the regulation of the stipulating the useful of the archipelago jetty lines that matching with region of NKRI by positive law instrument of Indonesia. But which require to be reemphasized is Indonesia obligation to make a map of the regional border line of Indonesia, because till in the end Indonesia still use the illustrative map that made in the 1960 year. The government of Indonesia have to immediately make the map of the region of Indonesia by using dot co-ordinate of the jetty lines of Indonesia archipelago which have been specified according to PP No.37 year 2008 to take care the sovereignty of Indonesia. Kata kunci : pengukuran lebar laut territorial, garis pangkal dan hukum Indonesia.
The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have be... more The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have been deployed by countries is safety and health standards/technical specifications. In many Muslim countries, Halal standard has essential part in protecting consumer rights. National labeling laws must seek a balance between labeling requirements and certification to minimize barriers to the free trade. The problem is every nation has own Halal Standard. This could result trade dispute among parties since import product cannot enter local market based on different Halal Standard. This situation remains as non-tariff barriers to free trade. By capturing the differences of Halal Standard in some ASEAN countries, the result shows some challenges rise for ASEAN to create one unified Halal Standard framework in order to gain strong ASEAN single market in the future. Keywords: non-tariff barriers, halal, standard, international trade.
Harmonization of Halal standards and conformity assessment procedures under the umbrella of a reg... more Harmonization of Halal standards and conformity assessment procedures under the umbrella of a regional organization may be necessary. In ASEAN, different Halal Standard have created some obstacles for free trade, particularly critical for free trade within ASEAN member countries. The development of the Halal Standard regime demonstrates that Halal Standards are adjusted. By taking ASEAN as a case study, the paper explains whether and how Halal Standards constitute trade barriers in respect of technical regulations. It compares Indonesia and Malaysia different Halal Standards in order to create insights into the (lack of) uniformity of Halal Standards within ASEAN members. The research affirms that Halal Standardisation and Certification is one of the trade barriers in ASEAN. The results show that the current situation in the region necessitates a (regionally) unified standard to overcome trade barriers within members.
Abstrak : Keberadaan warganegara asing semakin menigkat seiring dengankebutuhan pasar bebas dan s... more Abstrak : Keberadaan warganegara asing semakin menigkat seiring dengankebutuhan pasar bebas dan sumber daya manusia yang tidak lagi berbatas(borderless). Terutama sejak banyaknya investasi asing yang masuk di ProvinsiBanten. Jumlah orang asing di Provinsi Banten terdapat 5687 orang, data ini belumtermasuk orang asing yang masuk secara ilegal sebagai imigran ilegal. SetiapPenduduk (termasukWarga Negara Asing) mempunyai hak untuk memperolehDokumen Kependudukan, pelayanan yang sama dalam Pendaftaran Penduduk danPencatatan Sipil, perlindungan atas Data Pribadi, kepastian hukum atas kepemilikandokumen, informasi mengenai data hasil Pendaftaran Penduduk dan Pencatatan Sipilatas dirinya dan/atau keluarganya dan ganti rugi dan pemulihan nama baik sebagaiakibat kesalahan dalam Pendaftaran Penduduk dan Pencatatan Sipil sertapenyalahgunaan. Pemerintah daerah dapat mengambil sebuah kebijakan tersendiriterkait dengan mengoptimalkan keberadaan orang asing di wilayahnya untuk dapatmeningkatkan Pen...
The use of non-tariff protection, increased during 1980s, mostly as a substitute for the tariffs ... more The use of non-tariff protection, increased during 1980s, mostly as a substitute for the tariffs which were outlawed. One of Non-tariff measures which have been deployed by both developed and developing countries is safety and health standards/ technical specifications. In most Muslim countries or country with a Muslim majority, Halal standard having essential part in protecting consumer rights. Food labelling frameworks aim to regulate different interest, which range of human health, religion and consumers’ rights to international trade. National labelling laws must seek a balance between labelling requirements and certification, so that, it will not constitute barriers to the free trade. Nowadays, the development of food processing technology is making a “simple” halal food becomes a complex one. Every nation has their own Halal Standard regulation. According to KFH research (2014), the global halal economy was valued at approximately USD 3.2 tln in 2012 and this sector is forecas...
Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal th... more Arrangement of concerning wide determination the territorial of sea is conducted by withdrawal the jetty lines that done by harmonizing the regulation of the stipulating the useful of the archipelago jetty lines that matching with region of NKRI by positive law instrument of Indonesia. But which require to be reemphasized is Indonesia obligation to make a map of the regional border line of Indonesia, because till in the end Indonesia still use the illustrative map that made in the 1960 year. The government of Indonesia have to immediately make the map of the region of Indonesia by using dot coordinate of the jetty lines of Indonesia archipelago which have been specified according to PP No.37 year 2008 to take care the sovereignty of Indonesia. Kata kunci : pengukuran lebar laut territorial, garis pangkal dan hukum Indonesia.
Abstrak Semakin meningkatnya imigran Ilegal yang masuk melalui Indonesia menuju Australia membuat... more Abstrak Semakin meningkatnya imigran Ilegal yang masuk melalui Indonesia menuju Australia membuat Australia menerapkan kebijakan untuk menangkal masuknya imigran illegal, berupa kebijakan penghalauan dan kebijakan Negara Ketiga. Apakah Indonesia sebagai negara yang berdaulat telah membuat kebijakan yang cukup efektif dalam menyelesaikan persoalan imigran ilegal di dalam negerinya sendiri. Persoalan apa saja yang dihadapi Indonesia dengan kebijakan yang di ambil hingga saat ini. Dengan metodologi pendekatan Yuridis Normative, menggunakan data primer dan sekunder, mempelajari dan mengevaluasi beberapa prinsip-prinsip dan norma-norma hukum terkait Kedaulatan Negara dan Imigran Ilegal yang diperoleh dari pustaka dan peraturan perundang-undangan, kemudian di analisis secara deskriptif kualitatif untuk memperoleh kesimpulan. Hasil penelitian menunjukkan bahwa kebijakan Indonesia melalui UU No.6 Tahun 2011 tentang Keimigrasian, dalam penanganan persoalan imigran ilegal masih belum efektif dan bersifat parsial dengan masih menempatkan imigran ilegal sebagai korban. Tidak ada sanksi dan efek jera bagi mereka. Prinsip Kedaulatan Negara harus dijadikan pedoman bagi Indonesia dalam membuat kebijakan pengaturan mengenai imigran ilegal. Abstract Many illegal migrants preferring to enter Indonesia before they go to Australia. Australia takes some policy on tackling those illegal migrants, by giving back them to Indonesia water and Third Country's policy. Is Indonesia as a sovereign state has an effective policy for handling these illegal migration issues domestically. What issues facing by Indonesia concerning illegal migrant today. This research leads to juridical normative approach by using primary and secondary data, studying and evaluating some law principles and positively norms of law which came from literacy and regulation, then analyzed qualitatively to gain conclusion. A research result that, Indonesia policy through Act No.6 Year 2011 About Imigration, in overcoming illegal migrant issues still not effectively and partially by putting them as a victim rather than actor of smuggling. There are no sanction and deterrent effect. State Sovereignty Principle shall be the basic guiding for Indonesia when making policy concerning illegal migrant.
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Conference Presentations by eva johan
Recently, goods product from Korea has increased tremendously in our domestic market, especially for electronics product. Korean product starting to subtitute china product in every part of goods. With an equal quality, less price and better design, korea product becoming an alternative product choices over japan product. surely, Indonesia is a big market for Korea.
Safeguard measures is one of the WTO instrument to protect domestic industry from import product. Safeguards provision has some requirements to fullfill. A safeguard is one of trade instrument regulated on WTO Agreement. Member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers.
Regarding on that issues above, this paper will overview safeguard measures on ASEAN-Korea Free Trade Agreement on Trade in Goods and make some comparation with the GATT/WTO provision. Some issues on how is position of Free Trade Area in the system of WTO regime and how Indonesia able to get benefit from safeguard measures as developing country in the big ‘stream’ of ASEAN free trading is disscussed as well. So that, there will be clear path to be examine whether Indonesia has a good bargaining in this ASEAN-Korea FTAs system, and how is safeguards measure works in ASEAN-Korea FTAs.
Keywords: Safeguards measures, FTA, GATT/ WTO, Trade, Goods.
Papers by eva johan
Recently, goods product from Korea has increased tremendously in our domestic market, especially for electronics product. Korean product starting to subtitute china product in every part of goods. With an equal quality, less price and better design, korea product becoming an alternative product choices over japan product. surely, Indonesia is a big market for Korea.
Safeguard measures is one of the WTO instrument to protect domestic industry from import product. Safeguards provision has some requirements to fullfill. A safeguard is one of trade instrument regulated on WTO Agreement. Member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers.
Regarding on that issues above, this paper will overview safeguard measures on ASEAN-Korea Free Trade Agreement on Trade in Goods and make some comparation with the GATT/WTO provision. Some issues on how is position of Free Trade Area in the system of WTO regime and how Indonesia able to get benefit from safeguard measures as developing country in the big ‘stream’ of ASEAN free trading is disscussed as well. So that, there will be clear path to be examine whether Indonesia has a good bargaining in this ASEAN-Korea FTAs system, and how is safeguards measure works in ASEAN-Korea FTAs.
Keywords: Safeguards measures, FTA, GATT/ WTO, Trade, Goods.