FAKTOR-FAKTOR YANG MEMPENGARUHI KETIDAKEFEKTIFAN PENYELESAIAN SENGKETA OLEH DISPUTE SETTLEMENT BODY WTO DALAM SENGKETA ANTI DUMPING KERTAS ANTARA INDONESIA DENGAN KOREA SELATAN TAHUN 2004

Kriscendy, Lawrensia (2011) FAKTOR-FAKTOR YANG MEMPENGARUHI KETIDAKEFEKTIFAN PENYELESAIAN SENGKETA OLEH DISPUTE SETTLEMENT BODY WTO DALAM SENGKETA ANTI DUMPING KERTAS ANTARA INDONESIA DENGAN KOREA SELATAN TAHUN 2004. S1 thesis, UAJY.

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Abstract

Dispute Settlement Body is a body under WTO in charge of handling the problems of International trade. One of International trade cases, which is settled through the DSB, is the case of anti-dumping accusations of paper products between Indonesia and South Korea. The case began when South Korea filed a dumping petition towards 16 Indonesian paper products to DSB. Dumping is an unfair trade practice in International trade. Dumping occurs when the selling price of goods of one country to another lower than the market price of goods in the exporter country. DSB has issued a decision in the form of a recommendation that South Korea was found guilty in this case, but South Korea insisted not to implement this recommendation. This made the DSB recommendation become ineffective and did not implement well. This research intends to study the factors that affect the ineffectiveness of dispute settlement of DSB WTO toward the antidumping disputes of paper between Indonesia and South Korea. Therefore, in order to address the problem, this research is carried out by using a normative study. This research focuses on the research to the legal issues. The research results obtained from the staff of the Trade Security Directorate, Trade Ministry of Republic of Indonesia, stated that Indonesia has done the disputes resolution procedures based on the WTO rules, and has sought disputes settlement in WTO session and South Korea still does not want to implement the DSB recommendation. The implementation of the DSB recommendation, based on willing of member WTO, in this case South Korea, which is a member of WTO, should comply with the DSB’s decision as a commitment of a country that has been entering into the agreement. Therefore this case, it is still required strict sanctions mechanism in DSB and DSB ruling implementation regulatory body so that the DSB recommendation can be carried out effectively by South Korea.

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