Perbandingan Perlakuan Produk Minuman Beralkohol Lokal dan Impor Berdasarkan Ketentuan Gatt 1994

Abstract

International trade in the era of globalization has increased the flow of goods and services among countries. One of the commodities traded internationally is alcoholic beverages. In practice, the trade of alcoholic beverages often raises legal issues due to state policies aimed at protecting domestic industries through taxation, distribution, and licensing measures. This study aims to analyze the principle of equal opportunity in international trade under the General Agreement on Tariffs and Trade (GATT) 1994 and to examine the position of local and imported alcoholic beverages under the National Treatment principle. This research employs a normative legal method using statutory, conceptual, and historical approaches. The legal materials consist of primary and secondary legal sources analyzed descriptively and qualitatively. The findings indicate that equal opportunity in international trade is realized through the principle of non-discrimination, namely Most Favoured Nation (MFN) and National Treatment. In the context of alcoholic beverage trade, imported products that have entered the domestic market must receive treatment no less favorable than domestic products. Taxation and regulatory measures that provide advantages to domestic products may violate Article III of GATT. Therefore, Indonesia, as a WTO member, must ensure that its policies concerning alcoholic beverages remain consistent with the principle of non-discrimination while preserving the state's right to protect public health and national interests.