EFEKTIVITAS RETALIASI WTO SEBAGAI UPAYA HUKUM INDONESIA TERKAIT RENCANA IMPLEMENTASI DELEGATED ACT RED II OLEH UNI EROPA

Abstract

The European Commission was established delegated Act from the Renewable Energy Directive II (RED II) policy, which classifies palm oil as an unsustainable and high-risk biofuels commodity. The draft legislation aims to limit and later on 2030 effectively prohibits the use of palm oil-based biofuels in the EU, through the use of the Indirect Land Use Change (ILUC) concept. Indonesia and other palm-producing countries incorporated in the palm Oil producing State Council (CPOC) state that they are currently reviewing relations with the European Union and its member States, and are committed to opposing Delegated Act RED II through the WTO Dispute resolution agency and other possible measures. The Indonesian Government will continue to encourage the EU to cancel this policy. This will be done despite sacrificing good relations with the European Union that is established during this time. If the EU government and Parliament officially passed and adopted the delegated Act, Indonesia will sue the regulation to the WTO, including through the retaliation mechanism.

Retaliation is an act of state in suspending concessions or facilities that have been given to other countries and has been in the aftermath, in return for any trade action or policy of the other Contracting State is detrimental to Trade interests. It is governed in article 22 Dispute Settlement Understanding (DSU). Retaliation is included in the fourth phase of the WTO dispute resolution, which is the implementation phase, which is the last stage that must have gone through the previous long stage. The manuscript will convey a description of how the WTO retaliation mechanism as a legal remedy for Indonesia, and the effectiveness of the retaliation WTO's actions for Indonesia, related to the implementation of the Delegated Act of RED II issued by the European Union.