Kekalahan Indonesia Menghadapi Gugatan Uni Eropa di World Trade Organization (WTO) Mengenai Kebijakan Hilirisasi Nikel

Abstract

The implementation of the nickel downstream policy carried out by Indonesia to maintain nickel supplies and increase the selling price of nickel commodities has led to trade disputes. The European Union felt disadvantaged by implementing these export restrictions, resulting in Indonesia losing the lawsuit filed by the European Union. This research aims to find out the reasons why the WTO decided Indonesia was guilty in this case. Popularized by Stephen D. Krasner, the concept of international regime and compliance is used to analyze aspects of Indonesia's non-compliance with WTO regulations. This research uses a qualitative approach and qualitative descriptive data analysis. The results of the research obtained data that Indonesia's defeat in the European Union's lawsuit at the World Trade Organization (WTO) regarding the nickel downstream policy was supported by the reason that the WTO decided that Indonesia was guilty. Indonesia was declared defeated by the WTO panel because it violated the National Treatment principles and regulations stated in the 1994 GATT.