Abstract

The purpose of this study is to analyze: 1) Why is the current legal structure of Trade Safeguards institutions in Indonesia less than ideal? 2) What are the constraints on the effectiveness of Safeguards in Indonesia? 3) How to reformulate the ideal legal structure for the Safeguards institution in Indonesia in realizing equitable legal certainty? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The tendency of the length of the process of imposing safeguards from investigation to issuance of decrees imposing safeguards. Problems related to the institution of the imposition of safeguards should be suspected as the reason why the process takes so long and is only subject to a few cases. 2) The government through the Ministry of Trade has made anticipatory steps to respond to the possible birth of negative impacts as a practical consequence of the government's commitment to engage in trade liberalization, one of these efforts is the establishment of trade security institutions. However, the problem is, to become a trade security institution that has broad and independent authority, it is still hindered by several obstacles, such as: a) Does not function as a tribunal, b) dependence on other institutions, c) egoism of the institutional sector, 3) The importance of expanding authority and simplifying the institutional structure offered here is because in the current era of information disclosure a trade security institution such as KPPI has a very strategic role in participating in building national industry. In addition, as a public service, KPPI must always pay attention to, supervise, listen and realize the legal needs of stakeholders in this case they are national industry players. 

Keywords: Reformulation, Structure, Law, Ideal, Institution, Action, Trade Security, Safeguards, Indonesia