KAJIAN YURIDIS PASAL 11 AYAT 1 GATT 1994 TENTANG PENGHAPUSAN PEMBATASAN KUOTA IMPOR DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRACT

Quota restrictions or quantitative barriers are rules that limit the amount of an item to be imported or exported. One of the cases that happened was that Indonesia limited the import quota of horticultural products from New Zealand and the United States, which is clearly not in accordance with the provisions of Article 11 Paragraph 1 of GATT 1994. The problem formulation that the author carefully examined is: 1) What is juridical study Article 11 Paragraph 1 GATT 1994 about eliminating import quota restrictions? 2) How is the implementation of Article 11 Paragraph 1 of GATT 1994 concerning the elimination of import quota restrictions in Indonesia? The research method used in this study is normative legal research methods. Data sources use secondary data, which consists of secondary legal materials, primary legal materials and tertiary legal materials. This data collection technique is the Study Document which is analyzed qualitatively. Research results: 1) Quantitative obstacles in the GATT agreement are trade barriers which are not import duties. That is a ban and limitation on protection of domestic products through quantitative restrictions such as imposing import and export quotas, restrictions on import or export licenses. This principle is regulated in Pasal 11 GATT 1944, which requires the elimination of quantitative barriers in international trade. This disrupts normal trade practices. 2) Indonesia has not implemented the provisions of Article 11 Paragraph 1 of GATT 1994 concerning the elimination of import quota restrictions.

Keywords:GATT,Restrictions,Quotas,Imports,Indonesia