PENGATURAN PRINSIP NATIONAL TREATMENT MENURUT GATT/WTO 1994 DALAM PERDAGANGAN INTERNASIONAL DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRACT World Trade Organization The World Trade Organization (WTO) is an international organization that regulates international trade. Based on this, the WTO has principles in international trade, one of these principles is the principle of National Treatment. The National Treatment Principle is a non-discrimination principle which prohibits discrimination against domestic products and imported products entering the territory of a country. In carrying out import-export activities, of course, violations of the national treatment principle often occur, such as Indonesia issuing a law regarding the prohibition of imports of used clothing, which is contained in Article 47 Paragraph 1 of Law Number 7 of 2014 concerning Trade. Formulation of the problems found in this research are: 1.) How are the principles of National Treatment regulated in international trade? 2.) How is the implementation for Indonesia of the National Treatment principle? The type of legal research in this research is normative law with secondary data sources. The data collection technique is document study, the data is analyzed qualitatively. The results of the research are: 1) The principle of national treatment is regulated in the WTO/GATT which requires equal treatment in export-import activities, the Paris Convention, and TRIPs. 2) Implementation of the principle of national treatment in Indonesia has been ratified through Law Number 7 of 1994 concerning ratification of the Agreement of Establishing the World Trade Organization/WTO). With the aim of creating free, fair trade and stabilizing the international trade system.