Bestuur
Vol 11, No 1 (2023): Bestuur

Governing Indonesia’s Plan to Halt Bauxite Ore Exports: is Indonesia Ready to Fight Lawsuit at the WTO?

Muhamad Haris Aulawi (Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Yordan Gunawan (Faculty of Law, Universitas Muhammadiyah Yogyakarta and Universitat Pompeu Fabra, Spain)
M. Hanaan Alfarizi (Faculty of Law, Universitas Muhammadiyah Yogyakarta)
Manuel Campos Lago (Universitat Pompeu Fabra, Carrer de Ramon Trias Fargas, Barcelona)



Article Info

Publish Date
12 Aug 2023

Abstract

Every nation has natural resources that must be regulated by state law and used for community benefit. Indonesia, a major exporter of bauxite ore to Europe, plans to ban exports. Indonesia must prepare for a second EU nickel ore export lawsuit after the first from the nickel export ban. The study aims to determine whether Indonesia is guilty of issuing a policy to stop exports of bauxite ore. This research is a normative legal research uses the rule of law, law principles, and legal doctrines to solve legal issues. Books, journals, and the internet provided data for the research. Articles from previous bilateral agreements are also used. This research examines Monism and Dualism.The results of the study show that Indonesia is not entirely at fault, considering that Indonesia is a country that adheres to a dualism system in international law enforcement. However, Indonesia still needs to renegotiate the percentage of bauxite ore exports with the European Union, considering that Indonesia is already bound by the IEU-CEPA agreement. If Indonesia continues its plan to stop the total export of bauxite ore, then Indonesia can still be considered to have committed acts of default.

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Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...