PENGATURAN PRINSIP LARANGAN PEMBATASAN KUANTITATIF MENURUT GATT/WTO 1994 DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRACT Ratification of the Agreement Establishing the World Trade Organization is an agreement to be bound (Ratification of Law No. 7 of 1994). Indonesia as a member of world trade must fulfill all agreed provisions, including making changes to both legal instruments and development policies in the trade sector. Implementation of Ministerial Regulation no. 22 of 2022 regarding the prohibition and restrictions on the export of crude palm oil (CPO) is contrary to the principles and rules of the 1994 GATT/WTO regulated in Article XI GATT/WTO 1994 which prohibits the application of quantitative restrictions. Apart from that, the export restriction policy has undergone several changes in the past. Problem Formulation: 1) How is the principle of prohibiting quantitative restrictions regulated according to GATT/WTO 1994? 2) How is the implementation of the principle of prohibition of quantitative restrictions according to GATT/WTO 1994 in Indonesia? The type of research is normative law (normative legal research). The data source is secondary data. The data collection technique is document or library study. Data analysis was analyzed qualitatively. The results of the research are: 1) the regulation of the Principle of Prohibition of Quantitative Restrictions regulated in Article XI GATT/WTO 1994 which can be excluded in Article 2) Implementation of the principle of prohibition of quantitative restrictions in Indonesia in relation to Ministerial Regulation no. 22 of 2022 is not in accordance with GATT/WTO rules in the principle of implementing quantitative restrictions.