Juridical Analysis of ”Safeguards” on Protection of State Industrial Law

Abstract

Safeguard is one of the legal instruments to protect domestic industries from increasing imported goods that occur in normal trade but harming domestic industries. To avoid this, the WTO and the Government of Indonesia issued a protection regulation. The purpose of the study is to find out 1).Protection of domestic industrial law against safeguards in WTO provisions and regulations in Indonesia. 2).Adjustment of a substance in Indonesia to safeguard provisions. This legal research is normative juridical by using a statue approach, analyzed in a continuous manner. The results of the study:1).There are still some weaknesses in the safeguard rules in Indonesia because there are no specific rules regarding safeguards because they are still regulated in the Customs Law, while each WTO rule is regulated in each different Article, there is no explanation that absolute and relative in terms of imposition of safeguards. 2).In implementing safeguards there are still differences found in the form of safeguard provisions in WTO rules and regulations in Indonesia.