Perlindungan Kepentingan Negara dalam World Trade Organization (WTO) Terhadap Kebijakan Larangan Ekspor di Indonesia

Abstract

: Indonesia's nickel ore export ban policy, implemented as part of its downstream industrialization strategy, has led to an international trade dispute with the European Union in Indonesia—Measures Relating to Raw Materials (DS592) before the World Trade Organization (WTO). Previous studies have primarily examined the consistency of the policy with the provisions of the GATT 1994 or its implications for downstream industrialization, while limited attention has been given to the protection of state interests within the WTO legal framework. This study aims to analyze the legal protection of state interests under the WTO framework concerning Indonesia's nickel export ban policy and to examine the legal implications of the DS592 ruling for Indonesia's export policy and mineral resource management. This research employs a normative legal method using statutory, case, and conceptual approaches. The primary legal materials include the GATT 1994, the Agreement Establishing the World Trade Organization, the WTO Panel Report in DS592, and relevant Indonesian legislation, which are analyzed using a descriptive-qualitative method. The findings indicate that although the WTO recognizes policy space through the exception provisions of the GATT 1994, these exceptions are interpreted restrictively, resulting in Indonesia's nickel export ban being found inconsistent with Article XI:1 of the GATT 1994. The study finds that the protection of state interests within the WTO remains constrained by interpretations that prioritize trade liberalization over the industrialization needs of developing countries. Therefore, Indonesia's downstream industrialization policy should be formulated through legal instruments that promote value-added mineral development while remaining consistent with WTO obligations.