EFEKTIVITAS KEPUTUSAN DSB-WTO DALAM PENYELESAIAN SENGKETA DAGANG INDONESIA-AMERIKA SERIKAT (STUDI KASUS: WT/DS406 UNITED STATES-MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES)
Abstract: The Effectiveness of
Judgment of Dispute Settlement
Body-World Trade Organization In Trade Dispute Resolution of Republic of
Indonesia-United States (Case Study: WT/DS406 United States-Measures Affecting
The Production and Sale Of Clove Cigarettes), under guidance of Rahmah Daniah,
S.IP, M.Si as first lecturer advisor and Aisyah, S.IP, MA as second lecturer
advisor, International Relations Department, Social and Political Sciences,
Mulawarman University, 2014. The result showed that DSB-WTO as a Dispute
Settlement Body among WTO’s member as organization could solve all trade
dispute effectively, and than the act of the DSU-WTO axplicitly describes how
should DSB form a Panel which is have a role in the process to make the final
decision of the DSB. But in the trade disputes in the Republic of
Indonesia-United States, the judgment result of the Dispute Settlement Body has
becomes ineffective and the legality of the legislation Dispute Settlement
Understanding become absurd, because the US does not doing the final decision
DSB with not providing compensation to Indonesia over the losses experienced
during the US regulations applied. External environment such as the Strategic
Partnership among Republic of Indonesia and the United States, also give effect
to Indonesia respone based on did not Dispute Settlement Body’s recommendations
tackle by the United States within the time limit which has been specified.
In this case, the regulation of smoking
issued United States tend have been misused to find cigarettes weaknesses that
not necessary and other instrument to
protect the domestic market.
Penulis: HARMAWATI
Kode Jurnal: jphubintdd140158
