KAJIAN YURIDIS PENGATURAN EKSPOR IMPOR DITINJAU DARI GATT/WTO 1994 DAN IMPLEMENTASINYA DI INDONESIA

Abstract

International trade is one of the economic activities or business activities that has recently experienced a very rapid development, which is a transaction activity without borders, this can be seen from the growing flow of circulation of goods, services, capital, and labor between countries. One of the trade activities is export and import which is regulated in Article XI of GATT 1994, concerning general elimination of quantitative restrictions. In 2023, President Joko Widodo issued Government Regulation No. 26 of 2023 allowing the export of sea sand again. Sea sand exports are permitted on the condition that domestic needs are met. The formulation of the problem (1) How is the import-export arrangement in terms of GATT / WTO 1994? (2) How is the implementation of sea sand import-export for the Indonesian state? The research method uses a type of research with a normative juridical approach, secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques through document studies and data analyzed qualitatively. The results of this study (1) export-import arrangements in GATT/WTO 1994 are contained in Article XI, Article XII, Article XIV, Article XVI, Article XX, and Article XXI. With the provisions of the basic principles of the multilateral trading system that emphasize openness, non-discrimination, and transparency. However, in these provisions there are no specific regulations regarding the export and import of sea sand, but there is a general exception in Article XX that does not allow this to be done except for domestic interests (2) The implementation of the export and import of sea sand in Indonesia is regulated in Government Regulation No. 26 of 2023 which has undergone several changes since the 70s, so that in 2023 it was reopened, which in its implementation has positive impacts and negative impacts.