An Evaluation of the Dispute Settlement System in the World Trade Organization (Published)
The main goal of the World Trade Organization (WTO) upon its founding was to guarantee the unhindered and unrestricted flow of goods and services. The Dispute Settlement System, which guarantees prompt resolution of disputes, is the foundation of the WTO. The purpose of this study was to examine how the WTO’s Dispute Settlement Body resolves trade disputes. This study explicitly looked at the WTO Dispute Settlement System, identifying its goals and determining whether it facilitates the realization of these goals. The study also assessed the types of disputes that fall under the purview of the WTO Dispute System Body. The research used the doctrinal research approach to accomplish this aim. In the World Trade Organization, trade disputes often occur when a member state or states adopt a measure or measures that the WTO deems to be at odds with the commitments outlined in the WTO agreements. Realizing the practical significance of the member states’ obligations requires the prompt and organized settlement of trade disputes. Thus, the study outlined some of the difficulties DSB is facing as well as future directions. These include, among other things, the protracted dispute resolution procedure, the appellate body dilemma, the lack of transparency, and the handling of new trade issues. The study suggested that the system be made more open and visible to the general public as a result. Additionally, the system has to select panelists who are qualified to handle the cases that are brought before panels due to their increasingly complicated substance.
Keywords: Dispute, Settlement, Trade Dispute, World Trade Organization
Models of the Settlement Effort for Communal Conflicts (In Ketara Village, Central Lombok Regency and Ngali Village vs Renda Village, Bima Regency) West Nusa Tenggara Province (Review Completed - Accepted)
The research is focused on a model of settlement effort for communal conflict in Ketara Village, Central Lombok Regency where there is a conflict between Dayeng Rurung block and Bagek Dewa block known as the three-day war. There were six conflicts since 2007 until 2009 and the peak of the conflict happened on September 26, 2009 in which 6 people were killed. On the other hand, the communal conflict between Ngali Village and Renda Village consisted of four stages. The first stage happened 1909-1911 caused by the revenge as an impact of the war between the Ngali against the Dutch in which the village was burned down after the Dutch defeated them. The second stage was known as “Ndempa” (Mbojo language or Bima) involving the Ngali Village against the neighboring Renda Village, Baralau Village and Sakuru Village of Bima Regency from 1911 until 1970. The third stage happened from 1971 until 1991 involving the youths carrying sharps. The fourth stage happened since 1991 until 2009. It is the fourth stage chosen as the focus of the research because it is the biggest one and involves the use of organic weapons. The legal issues are why communal conflict happens and how the effective model of settlement shall be realized in the future.
The model of settlement effort for communal conflict in forms of penal and non-penal efforts that can guarantee legal certainty and justice is the ideal of the community. Indonesia embraces civil law system obliging detailed elaboration of the articles for dealing with communal conflict and the law enforcement official can use the Criminal Code (KUHP) Article 358 KUHP, Article 170, 351, 55, 338-340, and Code of Criminal Procedure and the Law No. 2 Year 2002 on the National police, especially article 18 regulating Police Discretion.
Keywords: Communal Conflict, Effort, Model, Settlement