Juridical Review on Safeguards in Connection with Legal Protection of the Industry in the State Based on WTO and Regulation Provisions in Indonesia

Abstract

Safeguard is one of the legal instruments to protect domestic industries from the increase in imported goods that occur in normal trade but endanger domestic industries. To avoid this, the WTO and the Government of Indonesia issued protection regulations. The purpose of this study is to find out 1). Protection of domestic industrial law against protection in WTO rules and regulations in Indonesia. 2). Adjustment of a substance in Indonesia to protect the provisions. This legal research is normative juridical using the Law approach, analyzed in analytical content. Research results: 1). There are still some weaknesses in the protection rules in Indonesia because there are no specific rules on protection because they are still regulated in the Customs Law, while each WTO rule governed in each article is different, there is no absolute and relative explanation in terms of the imposition of safeguards.

2). in implementing safeguards there are still differences found in the form of safeguard provisions in WTO rules and regulations in Indonesia.

Keywords: Safeguard, Regulation, Legal Protection.

DOI: 10.7176/JLPG/92-02

Publication date: December 31^st 2019