Indonesian Legal Remedies Againts Tiongkok and Vietnam Dumping in Indonesia
DOI:
https://doi.org/10.26740/metafora.v4n2.p58-70Keywords:
Dumping, Legal remedies, Legal consequences.Abstract
Indonesia has a problem increasing the number of iron and steel imports from year to year, but Tiongkok and Vietnam are highlighted differently by government because they have experienced a significant increase, so they are suspected of dumping. And than, what the legal remedies should be taken against the alleged dumping carried out by Tiongkok and Vietnam by competent institutions and related parties and what the legal consequnces are. This research will be analyzed with normative legal research principles, legal doctrines, and international agreements with the law approach and conceptual approach.The Antidumping Code is the basis of Indonesias efforts towards Tiongkok and Vietnam given that the three countries are remembers of the World Trade Organization with General Agreement on Tariff and Trade. The Indonesian Anti-Dumping Committee is an institution that is given the authority to conduct dumping investigations, both offensively or defensively wich is inisiated based on initiatives or requests from the majority of the Domestic Industry of the similar goods. If the investigation process carried out by KADI is proven to be found dumping it will be subject sanctions in the form of the imposition of Anti-Dumping Import Duty according to the amount of dumping margin and if it is not found or deministic margin then the investigation process is terminated. And it is unfortunate because dumping specifically has not been regualated in a law in Indonesia.
References
Arnoud R Willems, Sven De Knop, and Jeremle Charles (Sidley Austin LLP), The Handbook of Trade Enforcement 2012 (European Commision), Global Competition Review.
Badan Pusat Statistik, membaca œEkspor Besi dan Baja menurut tujuan negara utama periode 2012-2017, http://www.bps.go.id/staticable/2019/02/27/2033/ekspor-besi-baja-menurut-tujuan-negara-utama-2012-2017.html [diakses 8 september 2019].
David Held and Anthony McGrew, Globalization Theory: Aproach and Controversies (Cambridge: Polity, 2007), hlm 15-35
Direktorat Bina Kelembagaan dan Sumber Jasa Konstruksi, Direktorat Jendral Bina Konstruksi, Kementrian Pekerjaan Umum dan Perumahan Rakyat. Katalog Produk Baja Ringan Konstruksi 2018 (edisi pertama: cetakan pertama). Oktober 2018.
Cambridge International Dictionary of English, Cambridge Unviersity Press, Cambridge, 1995.
Carig Van Grasstek, History and the Future of World Trade Organization, Published by World Trade Organization; 2013.
Christoper Barutu, Ketentuan Antidumping, Subsidi, dan Safeguard, (Bandung: Citra Aditya Bakti, 2007).
Henry Campbell Black, Blacks Law Dictionary, West Publisihing Co, 1979.
Huala Adolf, Prinsip Hukum Perdagangan Internasional, Refika, Bandung, 2018.Mark Skousen, Teori-teori Ekonomi Modern, (Jakarta: Pernada, 2001).
John H. Jackson, International Economic Law (ed) (R. Berhart, 1997).
Jonaedi Efendi, Metode Penelitian Hukum dan Empiris, Kencana, Jakarta, 2016.
Mark Wu, œAntidumping in Asias Emerging Giants, Harvard International Law Journal Vol.53, Number 1, (Winter 2012).
Peraturan Pemerintah nomor 34 tahun 2011, tentang Tindakan Antidumping, Tindakan Imbalan dan Tindakan Pengamanan (Lembar Negara Republik Indonesia Tahun 2011 Nomor 66, Tambahan Lembar Negara Republik Indonesia Nomor 5225); Jakarta.
Peraturan Mentri Perdagangan RI nomor 76/M-DAG/PER/9/2013, perubahan atas Pertauran Mentri Perdagangan RI nomor 76/M-DAG/PER/12/2012 tentang tata cara Penyelidikan dalam rangka Pengenaan Tindakan Antidumping, Tindakan Imbalan, dan Pengamanan Perdagangan.
Peter Mahmud Marzuki, Penelitian Hukum (Edisi Revisi), Prenada Media Group, 2016.
Ralph Folsom. International Bussiness Transaction. (St.Paul,minn, 2000).
Sri Redjeki Hartono. Kapita Selekta Hukum Ekonomi, Bandung: Bandar Maju, 2000.
Tan Ah Young: Secertary General, membaca œPerformance of the ASEAN Iron and Steel Industry in 2017, South East Asia Iron and Steel Insitute (SEAISI), 2017.
Yulianto Syahyu, Hukum Antidumping di Indonesia, (Jakarta: Ghalia, 20014).
Yustinus Andri DP, membaca œDugaan Dumping: RI Selidiki Baja Lapis Almunium Seng Asal Cina & Vietnam bisnis.com https://ekonomi.bisnis.com/read/20190828/12/1141997/dugaan-dumping-ri-selidiki-baja-lapis-aluminium-seng-asal-china-vietnam, [diakses 8 september 2019].
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