PENINDAKAN TERHADAP PERBUATAN CIRCUMVENTION DALAM PENEGAKAN HUKUM ANTI DUMPING DI INDONESIA

Noventa, Maria Fransiska Kevien (2018) PENINDAKAN TERHADAP PERBUATAN CIRCUMVENTION DALAM PENEGAKAN HUKUM ANTI DUMPING DI INDONESIA. S1 thesis, UAJY.

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Abstract

Some countries which their products was dumped, enacted Anti-dumping duties to protect their domestic industries from some injuries. Anti-dumping duty as a regulation against dumping sometimes not effective. Circumvention can caused an anti-dumping duty became ineffective. Another countries has anticircumvention duties to make their anti-dumping duties effective. Indonesia also need to make a regulation against circumvention to overcoming the circumvention practices. The problem is circumvention was not regulated under the WTO Agreement. In this legal writing, researcher tried to analyzed the issues does the anti dumping duties violate WTO agreement and what things that Indonesia do as a one of country that was not already has an anti circumvention rule against circumvention. This legal writing used normative legal research which focused on the rules as a main sources. Secondary legal materials was books, journals, internet, legal fact, and the results of the interview. Another materials used Law dictionary, English-Indonesia dictionary, and Indonesian dictionary. Some of anti dumping law was described, then those datas were analyzed by gramatical and systematical interpretation. The results of this research are circumvention is not violate WTO agreement, but circumvention can cause great obstacle in achieving WTO purposes. So, WTO need to regulate it under the WTO Agreement. Indonesia applied an anti dumping tariff for the countries that circumvented Indonesia’s anti-dumping duty, because Indonesia didn’t have an anti-circumvention duty.

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