THE IMPLEMENTATION OF THE AGREEMENT ON SAFEGUARDS FOR IMPORTED PRODUCTS IN INDONESIA (A RESEARCH FROM MAY 2004 TO JUNE 2011) (S000331)

Agreement on Safeguard is one agreement under the World Trade Organization (WTO) which regulates about safeguard measures. This agreement allows the member of the WTO to take an action when it suffers serious injury or threat of serious injury to its industry affected by increasing imported products in its domestic market. Indonesia as a member of the WTO has implemented that the agreement. Hence, it is interested in looking the implementation of the Agreement on Safeguards for imported products in Indonesia.

The purposes of this research are to describe the arrangement of regulation of the Agreement on Safeguards under Indonesian Law; to describe the implementation of the Agreement on Safeguards in Indonesia and to describe obstacles of implementation of this agreement in Indonesia.

This research used normative legal research. Data was obtained from the library research would be processed systematically to attain appropriate depiction with the research problems. The data subsequently would be analyzed by using qualitative method that means using secondary data that consist of primary, secondary and tertiary legal sources, so it can be acquired objective analysis to answer problems raised.

The results showed that arrangement of regulation on implementation of the Agreement on Safeguards for imported products in Indonesia is mixed with anti-dumping measures and countervailing measures regulation. It is shown that Indonesia modified the regulation without break the law of the WTO. The implementation of the Agreement on Safeguards for imported products in Indonesia is developing, and at the same time Indonesia faced several obstacles when implementing the Agreement on Safeguards, namely related to take long time for stipulating safeguard measures by Financial Ministry, uncompleted data and information given by petitioners to the KPPI, limited of budget and human resources.

It is recomended to the Government of Indonesia to re-arrange regulation relating the implementation of the agreement in Indonesia under one agreement which is separated from other regulation; Indonesia should implement the Agreement on Safeguards as much as, hence this agreement will protect Indonesian market from increasing imported products and the KPPI should do more socialization relating to safeguard measures as trade remedy, so interested parties on trade have knowledge relating safeguard measures.