p-ISSN 2722-7782 |
e-ISSN 2722-5356
DOI: https://doi.org/10.46799/jsa.v4i8.624
INDONESIA'S
STATE POLICY IN RESOLVING INTERNATIONAL TRADE BARRIERS
Dodi Sugianto
Fakultas Hukum, Magister Hukum Universitas Pamulang,
Sekolah Tinggi Ilmu Pelayaran
Email: [email protected]
This
Journal article aim for study and analyze policies that have taken by the
Indonesian government in finish obstacle trading international. we will see How
policy the implemented, the impact to Indonesian economy, as well challenges
faced in the process of implementation. Study This use method qualitative with
library research approach. Method qualitative chosen Because study This aim for
study Indonesian state policy in finish obstacle trading international in a
manner thorough and deep. Through method this, researcher can collect and
analyze relevant secondary data from various available sources, e.g., article
journals, books, documents official government, and reports organization
international related trade. Research results This conclude that Indonesia's
role in dispute trading international is very important in protect interest
economy and promote dialogue and cooperation with partner countries the trade.
Through participation in WTO mechanisms, bilateral diplomacy, and roles as
intermediary, Indonesia is trying for finish dispute trading with fair and
profitable way for all involved parties.
Keywords: State Policy, Barriers, Trade
International
Trading international play role important in global
economy. In the era of globalization this, countries mutually related and
dependent One each other inside matter trade, investment, and exchange goods
and services. However, trade the international community is also often faced
with various possible obstacles and challenges hinder growth economy and
development a country
Indonesia as one of the countries with growing economy
rapidly also face various obstacle trading necessary international handled in a
manner effective. Obstacles This can originate from various factor, like
difference regulations, tariffs high imports, non- tariff barrier, and conflict
trading between countries
For handle obstacles these, the Indonesian government
has taken various policy purposeful trading for increase market access, protect
interest national, and encourage growth sustainable economy. Policies This
designed for create environment conducive trade, improve Power competitive, and
strengthen Indonesia's position in the global market
Journal article This aim For study and analyze
policies that have taken by the Indonesian government in finish obstacle
trading international . we will see How policy the
implemented, the impact to Indonesian economy, as well challenges faced in the
process of implementation.
Through deep understanding about policy Indonesian
trade, expected article This can give valuable insight about internal state
efforts overcome obstacle trading international. With more understanding Good
about policies this, can built more strategies effective in face challenge and
exploit opportunities that exist in the global market.
In article this, author will analyze policy Indonesian
trade in two aspects Main: deletion obstacle tariff and non- tariff, as well
settlement conflict trade. Besides that, we will also discuss effort government
for strengthen regional and international cooperation in framework facilitate
more trade smooth and sustainable.
Expected that results from article This can give
useful contribution for makers policy, academics, and stakeholders interest
economy other in understand and improve Indonesia's efforts in finish obstacle
trading international.
METHODOLOGY
Study This use method qualitative with library
research approach . Method qualitative chosen Because
study This aim For study Indonesian state policy in finish obstacle trading
international in a manner thorough and deep . Through
method this, researcher can collect and analyze relevant secondary data from
various available sources, eg
article journals, books, documents official government, and reports
organization international related trade.
data collection process begins with identification
relevant and related sources with topic research. sources This covers article
journal related policy trading international , book
references , documents official government related policy trades , and reports
from organization international such as the World Trade Organization (WTO) and
the United Nations Conference on Trade and Development (UNCTAD).
Next , researchers do analysis on the data collected .
Analysis done with identify patterns , trends , and
changes in policy Indonesian trade . Researchers are also looking linkages
between policy implemented trading with achieved results in finish obstacle
trading international.
During the analysis process, researchers use approach
inductive for dig findings new and acquire more understanding in about policy
Indonesian trade. Researchers also do data synthesis for formulate findings
relevant principal with objective research.
Research results This will served in form
comprehensive narrative.� All data and
findings will organize in a manner logical and presented in relevant
chapters.� Analysis results will
discussed For describe How policies Indonesian trade has succeed overcome
obstacle trading international .
However , it is necessary remembered that study This own
limitation certain . Limitations the covers reliance on secondary data that has
been available , which is possible own limitations in
coverage and details . Besides it, interpretation and analysis researcher can
influence results research, because it is necessary caution in interpret
findings study.
With utilize method qualitative and library research
approach, research This expected can give comprehensive picture about
Indonesian state policy in finish obstacle trading international. Research
results This can become source valuable information for maker policy,
academics, and stakeholders interest others who are interested with issue
trading international and effort Indonesia will settle it.
RESULTS AND DISCUSSION
Obstacles In Indonesian Trade
The scope that can be
categorized as as obstacle in trading international
really broad . And it is possible a country uses rates
as a trading strategy . The rate in question is
something obligation or must tax paid to imported product. Country is also
possible For apply non- tariff barriers . Non- tariff
barriers the in a manner potential Can happened .
Obstacle This have various meanings and forms . As
example: subsidy government, administrative rules and procedures specification
no technical necessary. In the end the state got raises discrimination that has
an impact on less import activities competitive and/ or protectionist
.
Obstacle trading in a manner
general depicted as restrictions imposed by the government of the country
concerned to trading international . Obstacle the own
various form, including:_
1. Obligations in import (import duties);
2. License import (import licenses);
3. License export ( export
licenses);
4. Taxes import (import taxes);
5. Quota (quota);
6. Tariffs;
7. Subsidies , in general
through policies in the field agriculture (subsidies);
8. Non- tariff barriers in
trade (non-tariff barriers to trade).
Most obstacle trading Work
through same principle i.e. loading costs certain in
trading so that Can raise price traded products. Experts� economy agree that
obstacle trading can destroy and degrade efficiency economy in a manner whole
as put forward in the theory of comparative advantage
Rule in the GATT, in
particular in matter obstacle trading can sorted into 2 parts as following :
1. Focused on obstacles trading national
, for example instrument
policies used government the
to �split� the regime trading outside his country. In other words, obstacles
the of course on purpose made For give profit for the country 's trade . Rule the customized with levels and grades
distortion caused trade obstacle the. Distortion the seen more big and growing
clear position in specification obstacle trade . Leave
from point reject the, classification obstacle can sort as following:
restriction quantitative, rates, practice discrimination, non-tariff barriers,
practices trading that is not honest, and other related actions with aspect
trade, for example right riches intellectual, protection investment, and
protection certain to public
2. On the skeleton GATT work 1994, problems obstacle
trading endeavored For Keep going reduced category namely: prohibition
discrimination, responses to obstacle trading international, responses to
obstacle No trading, and response to practice fraudulent trading.
In obstacle trading
international known 2 (two) forms obstacle trading international namely :
1. Tariff Barriers
Obstacle tariff, is obstacle
trading international duty charged entry (tax) custom duties against goods that
cross national borders. kindly history , negotiations
in the field rates is GATT has handled the longest . Since again
, every the GATT (GATT Round of Multilateral Trade Negotiation-MTN)
negotiations lower duty into a GATT member country . A number of results real
seen in the results manufacturing . Average fare For
results manufacturing used by developed countries to import at the end of the
Tokyo round , namely in 1949 by 4.7%, while in 1947 it
reached level by an average of 40%. Of course just the decline in such dances
was very substantial .
According to goal, the
tariff policy can clarify as:
a. Protection rates , that is
imposition of tariffs high entry _ For prevent or limit import goods particular
, and
b. Revenue rates, that is imposition intended tariffs _
For increase state revenue .
Based on destination, the
function of the tariff rate enter according to Hamdy (2000) is For arrange
protection interest economy domestic (function regular) ,
as one source state revenue ( budgetary function ) and functions equalization (
equalization distribution income national ). Kindle Berger and Linder (1978)
provide limitation quota as �a limit on the total quantity of imports allowed
into a country cache year.�
According to Kartadjoemena ,
the causal factor how difficult decline tariff rate is as following :
a) The type of tariff that has not passed down by
developed countries is the tariff for type product that is political Enough sensitive , like textiles ;
b) Developed countries argue that in the past the
country was developing has Lots get special leniency. because therefore,
developing countries are also obliged give contribution in thing of cuts and
bindings or reduced rates applied in a manner raise;
c) In some developed countries and some developing
countries, there is level products _ the rate Not yet subject to bindings. For
example results agriculture . By and large Approved
that prevalence of bound tariffs are necessary improved ,
however difficult For reach an agreement about matter this .
2. Non- tariff barriers
Non- tariff barriers, namely
something form obstacle shaped trade besides rates like quotas, levies,
embargoes, sanctions and restrictions other. Non-tariff barriers This is one
method for control amount trade conducted by a country with other countries.
Every obstacle trading will create lost income Because No allows the market to
function with ok . Lost income consequence obstacle
trading the Can called as loss economy
Besides the obstacles that
have put forward above , there are also barriers that
are technical in the GATT/WTO. Remember objective main GATT is For creation
smoothness trading international with method decline rates import gradually . The existence of GATT began from the treaty ( agreement ). First part focus on enforcement the principle
of non- discrimination or common known with the most favored nation (MFM),
which obligates member countries For reduce import tariffs for all party in a
manner nondiscriminatory . Second part arrange
regarding mandatory non-tariff barriers (NTBs). member for as much as possible Possible eliminate obstacles nontariff like obstacle technical,
license imports, subsidies, anti-dumping taxes, and so on. Third part load procedure
arrangement trading is also about mechanism dispute trade
WTO has set rule mandatory
technical whole its members for obedient. Regulation technical the among
others:
1) Supervision to various obstacle technical in trade . Regulation This intended for give guarantee that
various regulations, standards, testing, and certification products applied by
each member country No need create obstacle trading that is not necessary. Although
thus , WTO member countries are allowed apply standard
based product _ reason protection health , safety people humans , animals ,
plants and _ environment . WTO apply standard international as for example
provision in ISO 2002 for prevent appropriateness A product .
2) Arrangement system license import, assign license import,
according GATT/WTO provisions must be arranged in a manner simple, transparent
and fixed. member country required publish information to the perpetrators
business international about license import this. Every There is change must reported to the WTO,
3) Arrangement system evaluation goods For
determination of tariffs tax . Principle This aim
creating fairness, neutrality , and objectivity ,
4) Arrangement inspection goods pre-shipment
. For operate arrangement this, the WTO contracted something company
certain considered independent for do inspection to goods before desired
delivery exported to another country,
5) Arrangement origin suggestion goods
. Determination origin suggestion something goods considered important
because relate with policies trade issued by a country to other countries, for
example quotas , tariffs, anti-dumping policies ,
countervailing duties, and so on . Provision origin suggestion goods this is
made based on principle transparency , uniformity
competence , nonpartial , discrimination rational , and good will for No hinder
trading international .
(GATT), the World Trade
Organization (WTO) in 1997 discussed and determined provision about obstacle
related technical direct with quality goods is factor main determinant success
smoothness trading between countries. Laboratory tester nor laboratory
competent calibration is one infrastructure the necessary technical being
inside support the trading era free. Competition laboratory tester nor
calibration depicted from fulfillment to condition standard applicable
laboratory in a manner international namely ISO IEC 17025: 2000. ISO/IEC 17025
2000
Standard International
ISO/IEC 17025: 2000 is standard system contained quality condition technical
must laboratory fulfilled testers and laboratories calibration you want apply
system quality, have competence in a manner technical, as well can generate
test data and/ or valid libation. Standard International they can used by the
developing laboratory system quality, administrative and technical for support
laboratory operational activities. ISO/IEC 17025: 2000 this containing all
condition management and technical must laboratory fulfilled calibration nor
laboratory testing so that generate valid data not indisputable as well as can
insured answer in a manner scientific nor law. Laboratory that has fulfil requirements
of ISO/IEC 17025: 2000 compliant with existing requirements in condition ISO
9000 standard.
Inside relation with
application with establishment of a world free market , ISO/IEC 17025 : 2000
aims For increase competence and trust laboratory testers and laboratories
calibration , easy deletion non- tax barrier trading through acceptance and
yield testing and/ or calibration between countries, as well make it easy Work
The same between laboratory Work The same between laboratory in swap exchange information
, experience and harmonization method testing and/ or calibration
Technical Barriers in the
Agreement on Technical Barriers to Trade (TBT Agreement) in principle that is
arrange problem standard . Standard is one _ instrument
is very important in competition in the global market. Based on agreement the a
country can hinder export a country if No in accordance with standards ( international ) that have been applied . Beside it , WTO members are not allowed For utilise
standard as tool protection (unnecessary barriers to trade). Each country is
recognized and entitled For take related actions with
protection health humans, animals and plants provided action the No done in a
manner unilaterally and apply it in a manner discrimination between WTO
Based on annex 1 of the
Agreement on Technical Barriers to Trade, the Technical Regulations are
stipulating document characteristics product or process methods and methods
related production, incl provision administrative use, the fulfillment thereof
is mandatory. Document the can also include or in a manner special regarding
with terminology, symbols, terms packaging, tagging, or labeling as used in
products, process methods or method production. regarding with regulation
engendering technique obstacle technical, imported products must give treatment
that doesn't not enough profitable rather than treat given to product national
similar, and products similar origin from another country. Based on the TBT
Agreement Article 2 paragraph (2) number 2, the country that made it rule technical , then technical regulations drawn up ,
implemented and stipulated No with Meaning For make obstacles that are not need
in international trade . Regulation drafted, determined and implemented neither
is it can raise impact form obstacle in trading international.
2. Indonesian State Policy in Trading International
Indonesian government has taken
various policy trading for overcome obstacle trading international and
encouraging growth sustainable economy. In part discussion this, will study a
number of policy main measures implemented by Indonesia and their impact to
trading international.
Deletion Tariff and Non-Tariff Barriers
Indonesian government has done
effort active in reduce obstacle tariff and non- tariff in trading
international. one step important to take is through negotiation agreement
bilateral and multilateral trade. As for example, Indonesia has active involved
in regional Comprehensive Economic Partnership (RCEP) negotiation and
ratification agreement this in 2020. RCEP has potency big For increase market
access for Indonesian products and reduce obstacle trade in the Asian region .
Besides In addition , the Indonesian government has also implement
policy subtraction rates import For a number product certain . this step aim
For increase Power competitive product domestic and expanding export market access . For example , in 2021 ,
Indonesia announced decline rates import For sector industry manufacturing ,
agriculture , and marine .
Besides obstacle tariffs,
the Indonesian government is also trying reduce non- tariff barriers, eg condition certification,
regulation techniques and procedures duty complex taxes. Such efforts done
through simplification procedure trade and repair administration customs and excise.
Besides that , the government also did coordination
with stakeholders interest related For ensure suitability regulation with
standard international
Completion Conflict Trading
Conflict trading between
countries can become obstacle Serious in trading international
. In face conflict trade, Indonesia has taken steps for finish dispute
with partner countries trade through bilateral or multilateral
Indonesian government has
use mechanism settlement dispute under the World Trade Organization (WTO) for
overcome conflict trade . Indonesia is also involved
in bilateral negotiations and consultations with partner countries trade for
look for mutual solutions profitable.
Besides In addition,
Indonesia is also trying strengthen regional and international cooperation in
settlement conflict trade. this country active participate in regional forums
such as the Association of Southeast Asian Nations (ASEAN) and Asia-Pacific
Economic Cooperation (APEC). Through participation this, Indonesia is trying
establish dialogue and cooperation with other countries for overcome obstacle
trade and increase system fair and open trade
Strengthening Regional and International Cooperation
Indonesian government has
confess importance regional and international cooperation in overcome obstacle
trading international . this country has do effort
active For strengthen cooperation with partner countries trade in various
forums and organizations international .
Indonesia is involved in
agreement regional trade , such as the ASEAN Free
Trade Area (AFTA) and bilateral agreements with such countries Japan and South
Korea. Besides In addition , Indonesia also plays a role
in promote cooperation economy in the Asian region through RCEP negotiations .
Indonesian government is
also working The same with organization international such as the WTO, UNCTAD,
and the World Customs Organization (WCO) in increase capacity and knowledge in
the field trading international . Through cooperation
this, Indonesia got obtain access to information and experience related
practice trading good international �
Policy Indonesian trade has
experience significant development in overcome obstacle trading international.
Through deletion obstacle tariff and non- tariff, settlement conflict trade,
and strengthening regional and international cooperation, Indonesia has made an
effort for create environment conducive trade, improve market access, and
improve growth economy.
However, it is necessary
remembered that challenge in trading international Keep going growing, incl
appearance issues new like digital trade and change in system global trade. Because
that�s important for Indonesian government for Keep going review and adjust
policy trade so you can overcome obstacle trades that emerge and take advantage
of opportunities that exist in the global market.
3. The Role of Indonesia in Dispute Trading
International
Law No. 7 of 1994 Article
XIII published in State Gazette No. 57 yrs . 1994, as well the explanation in Addition State Gazette
No. 3564. In macro , whole content WTO agreements have
enter in system law positive and Indonesian legal entities engaged in the
business world must obey provision hukrnn economy .
For determine source GATT disputes require existence of " multiply "
or "impairment".
Reason happening dispute
trade including developed countries with develop is exists trend from
developing countries in for look for road shortcuts based on upgrades economy
national for interest trading international, so a number of rules / agreements
that have been agreed often violated. WTO provisions regarding dispute for
developing countries possible ask good offices to with procedure specifically , consultation of member countries must give
attention specifically , enter at least One panelist from developing countries
.
Indonesia, as one of the
countries with growing economy rapid, have significant role _ in finish dispute
trading international. In part discussion this , will
studied Indonesia's role in face and resolve dispute trading with partner
countries the trade .
Active in Mechanism Completion Dispute
Indonesia has active
involved in mechanism settlement disputes under the World Trade Organization
(WTO). As WTO member since 1995 , Indonesia uses WTO
mechanism for protect interest economy national in case dispute trading with
other countries.
Indonesian government has
use procedure settlement disputes in the WTO, such as bilateral consultations
and settlement panels dispute , for finish dispute
trading with partner countries the trade . In a number of case,
Indonesia succeeded maintain policy considered trade important for interest its
national.
Diplomacy and Bilateral Negotiations
Besides through WTO
mechanism, Indonesia also uses diplomacy and bilateral negotiations in finish
dispute trade. The Indonesian government has involved in dialogue and
negotiation with partner countries trade for look for mutual solutions
profitable.
Diplomacy economy done
through bilateral meetings and regional forums, such as the Association of
Southeast Asian Nations (ASEAN) and Asia-Pacific Economic Cooperation (APEC).
Through this dialogue, Indonesia is trying build good relationship with other
countries and search agreement in settlement dispute trade.
Role as Intermediary and Facilitator
Indonesia also has role as
mediator and facilitator in finish dispute trading between other countries. The
Indonesian government has given role active in help partner countries trade
reach agreements and facilitating trade dialogue.
One example Indonesia's role
as arbiter is in dispute between the European Union and several related ASEAN
countries with restrictions export oil palm. Indonesia, as one producer biggest
oil oil palm in the world, has make an effort mediate
negotiation between the parties involved For reach
mutual solutions profitable.
CONCLUSION
������������� Indonesia's role in dispute trading international is very important in
protect interest economy and promote dialogue and cooperation with partner
countries the trade . Through participation in WTO mechanisms,
bilateral diplomacy, and roles as intermediary, Indonesia is trying for finish
dispute trading with fair and profitable way for all involved parties.
However, challenges in
finish dispute trading still there, mainly with appearance issues new like
digital trade and protection environment. because that, Indonesia needs Keep
going strengthen capacity in settlement dispute trading and guarding commitment
to principles fair, transparent and open trade.
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