LARANGAN EKSPOR NIKEL INDONESIA DITINJAU DARI PERSETUJUAN WTO (Studi Kasus Sengketa WTO No. DS592 Antara Uni Eropa-Indonesia

Yuneka, Elsye Stephi (2022) LARANGAN EKSPOR NIKEL INDONESIA DITINJAU DARI PERSETUJUAN WTO (Studi Kasus Sengketa WTO No. DS592 Antara Uni Eropa-Indonesia. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Nickel is one of the minerals that is widely used as a raw material for the steel industry, anti-rust coatings, and batteries, especially the manufacture of electrodes in rechargeable batteries (lithium). In 2019 the Indonesian Government issued a regulation that export approvals granted for the export of nickel with a grade of < 1.7% will only be valid until December 31, 2019. This means that without a recommendation, the company cannot export nickel < 1.7% as in the previous year. Nickel refining is intended to increase the added value obtained from nickel exports which can grow the national economy, in addition to providing employment opportunities for the Indonesian citizens. European Union as one of the destination region for nickel exports, feels disadvantaged because nickel export restriction policy issued by Indonesian Government may causes their steel industry to lack of raw materials. In addition to having an impact on steel production, they also had to lay off a lot of workers. The European Union considers that Indonesia's policy is not in accordance with the WTO agreement, and has violated the provisions contained in the GATT, so the EU has filed a lawsuit at the WTO against the Indonesian Government with number DS592. The research in writing this thesis focuses on the study of the laws and regulations used as a legal basis by the Government of Indonesia in the management of mineral resources, especially nickel, for the benefit of the Indonesian economy. A study was also carried out on the WTO agreements and the provisions contained in the GATT which regulates trade among WTO members, which are used by the European Union as a legal basis for lawsuits as well as legal reasons that can be used by the Indonesian government to support its policies in nickel management. From this research, it can be concluded that the nickel management policy carried out by the Government of Indonesia does not violate WTO legal provisions. The policy is also in accordance with the WTO agreements as described in this thesis

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