KAJIAN YURIDIS TINDAKAN DISKRIMINASI DALAM PERDAGANGAN MENURUT KETENTUAN GATT/WTO 1994 (Study kasus Perdagangan Ekspor Negara Indonesia ke Negara Tiongkok Tahun 2019)

Abstract

Article 1 GATT states that every country is obliged to provide equal treatment to any country, especially countries that are members of the World Trade Organization. In international trade, in general, legal principles require the same treatment of every product, both imported and domestic products. The purpose of the application of these principles is to create orderly free trade based on the legal norms of GATT, but in practice there are still countries that discriminate in trade, where China discriminates trade against the Indonesian state. The formulation of the problem is 1) How are the export-import trade arrangements according to the GATT / WTO 1994? 2) Does China's discrimination against Indonesian exports in 2019 contradict the provisions of the GATT / WTO 1994? This type of research is normative juridical. The data source is secondary data. Data collection techniques in this study were obtained through document study. The data were analyzed qualitatively. Conclusion of the research results 1) The regulation of export-import trade according to GATT / WTO 1994, in the WTO there are various agreements or agreements that contain regulatory principles for the WTO itself, which are regulated in Article 1 paragraph 1 GATT, Article III GATT paragraph 1 and Article III GATT paragraph 2, in which the three rules clearly regulate export and import trade in international trade. 2) China's discrimination against Indonesian exports in 2019 is contrary to the provisions of the GATT / WTO 1994, because in Article 1 paragraph 1 of the GATT it is stated that “all member countries are bound to give other countries the same treatment in the implementation and import and export policies. as well as regarding other costs.