BAHASA INGGRIS HUKUM

I GUSTI AYU APSARI HADI, S.H., M.H.

NAMA : GST. AYU PUTU ENY WARSIKI

NIM : 2014101082

KELAS :1C

SEMESTER : 1 (SATU)

Final Exam Conditions :

1. Please read the article carefully and find of these aspect based on article :
1.1 Analysis introduction that contains: (1) highlighting problem, (2) scientific
gap and (3) research objectives.
Mencakup: (1) menekankan pada masalah, (2) kesenjangan ilmiah dan (3)
tujuan penelitian
1.2 Analysis the method that describes : (1) types of research/research design,
(2) variables/data, (3) data collection techniques and (4) data analysis
techniques.
Menguraikan: (1) jenis penelitan, (2) variable/data, (3) teknik pengumpulan
data dan (4) teknik analisis data.
1.3 Result and Discusion includes: (1) presentation of data systematically, and
(2) comparison with the results/theories/findings of previous studies.
Mencakup: (1) penyajian data hasil olahan secara bersistem, dan (2)
komparasi dengan hasil/teori/temuan kajian sebelumnya.
1.4 Conclusion consist of : (1) a description of the most significant results and
recommendations.
Terdiri dari: (1) satu paragraf utuh, (2) uraian hasil yang paling signifikan
dan (3) rekomendasi.
2. Choose only 2 of 4 from the following article.
3. If there is no aspect according to the terms above, at least you can find 2 or 3
aspects that contains from the whole article.
4. Write your answer in the microsoft word format and to prevent the damage you
can use the .pdf format.
5. Make sure to write your identity first before make the answer.
6. The final exam have to complete 2 days the latest after you receive the article.
 The Supremacy of the Dispute Settlement Mechanism (DSM)
under the World Trade Organization (WTO)

PRELIMINARY
The existence of inequality and poverty in some countries doubted the
contribution of the WTO. The overwhelming spirit of national interest through the
imposition of discriminatory and protective measures has deteriorated the WTO. Given
its role for enforcing trade commitments, the dispute settlement mechanism is crucial to
save the future of WTO. This mechanism shows its supremacy by limiting the capacity
of the WTO member states to impose discriminatory and protective measures,
particularly related to public morals exception and cultural concern.

ANALYSIS METHOD
The research method used in writing this article is the This paper is normative
legal research, which based on primary on international agreement related to the dispute
settlement mechanism and the decision of the Panel and Appellate Body, secondary one
included references from books, journal articles, internet resource such as news and
other documents having correlation with the paper issues. This paper use legal
interpretation to analysis the data.
RESULTS AND DISCUSSION
A. The dispute settlement mechanism under the GATT
Initially, contracting parties could start the process of dispute settlement
through submitting consultation. Contracting parties could undertake
consultation with or without the presence of a mediator or working party. If the
consultations was unsuccessful to settle disputes, the working party that covered
representatives from all related parties, mostly the parties to the dispute, had to
‘promptly investigate’ and submitted a report with recommendations, for
adoption by the contracting parties.
B. The Dispute Settlement Mechanism under WTO
The primary goal of the WTO DSM is to promptly resolve the WTO
members’ disputes concerning the particular rights and obligations of the WTO
members. The current mechanism of the DSM WTO consists four stages:
consultations, panel report, Appellate Body report (AB report), and DSB
adoption. The DSM WTO is commenced when a member proposes
consultations with the other member states.
C. Indonesia’s Participation Under the DSM WTO,
Since 1998, Indonesia has been involving in the WTO dispute as a respondent
for 10 disputes, a complainant for 10 disputes and a third party for around 17
disputes. For instance, in US — Clove Cigarettes, promoting what it called as
 national interest, Indonesia filled a lawsuit, protesting the US’s ban on clove
cigarettes from Indonesia, but permitting the local cigarettes’ production and
sale. The AB then upheld this complaint, ruling the ban deviated of national
treatment principle under the agreement of Technical Barriers to Trade (‘TBT’).

CONCLUSION

The existence of inequality and poverty in some countries doubted the

contribution of the WTO, criticizing its vision on trade liberalization. Besides, some
WTO member states impose discriminatory and protective measure for the sake of
national interest. Given its role for enforcing the commitments agreed under trade
negotiations, the DSM is crucial to save the future of WTO. The DSM WTO has
adjudicated 405 cases, making it as the most productive of all international DSM. the
supremacy of the DSM WTO has ensured the future of WTO by looking at two
parameters. Firstly, it analyses the character of the of DSM WTO where it falls within
the scope of a legal- character with high level of legalism. It reflects through the
existence of AB that has a functional and administrative autonomy. The AB also has an
‘inherent powers’. Next, by looking at the decision of the Panel and the Appellate Body,
the DSM WTO has effectively controlled the overwhelming spirit of national interest.
This decision has prevented member states to impose discriminatory measures by
imposing public morals exception. Equally important, the DSM WTO is also able to
show its supremacy by limiting the capacity of the WTO member states to execute
measures for protecting cultural concern.
 LEGAL PROTECTION AND THE EMPOWERMENT OF THE

DISABLED COMMUNITY IN BULELENG REGENCY

PRELIMINARY

Indonesia as a country which is founded on Pancasila and the 1945 Constitution

of the Republic of Indonesia consistently recognizes and guarantees the respect for
human dignity in all aspects of nation and state life.This also covers persons with
disabilities in relation to the purpose of state as an embodiment of the rule of law.
Persons with disabilities or persons who have different abilities are often known as
"diffable" (differently abled people) or now known as "disableds". Other terms that used
to be known include "handicapped people", "people with affliction", or "abnormal
people" (Risnawati Utami, 2012: 23). Disability has been linked to deficiencies in mind
and body, which include crippled people, wheelchair-bound, afflicted with blindness,
hearing loss, and mental illness (Colin Barnes and Geof Mercer, Translation by Siti
Napsiyah, 2007: 1).Along with developments in the international community, there has
been a paradigm shift in the terms, goals, and scope of people with disabilities. The
resolution stipulates the rights of persons with disabilities and states that steps will be
taken to ensure the implementation of this convention. Persons with disabilities have
various conditions, some have physical disabilities, mental disabilities, and a
combination of physical and mental disabilities. Rights 1948). The definition of a
person with a disability as stipulated in Article 1 subarticle (1) of Act Number 8 of 2016
concerning Persons with Disabilities, Persons with disabilities as part of citizens should
receive special treatment as an effort to protect against vulnerability to various acts of
discrimination and violations of human rights (Majda El Muhtaj, 2008: 273).

ANALYSIS METHOD

The research method used in writing this article is the This paper is empirical
legal research using non probability sampling in the form of Purposive sampling. Since
this study involves data it is automatically becomes an empirical legal research (M.
Hadjon, 2005: 5). This empirical legal research aims to examine legal issues specifically
related to legal protection and empowerment of Disabled Community in Buleleng
Regency. The research is conducted in Buleleng Regency, the reason for determining
Buleleng as a research location is based on important considerations, based on
preliminary observations, that the Buleleng regency is well-known as an educational
city in Bali Province, yet it still has problems related to legal protection and
empowerment of people with disabilities.
RESULTS AND DISCUSSION

Legal Protection Related to Fulfillment of Human Rights for Persons with

Disabilities in Buleleng Regency. Legal protection as an effort to protect human rights
and obligations arising from the existence of legal relations between fellow humans or
the community as a legal subject. These legal subjects are given protection through
legislation that is still valid and has punishment in its implementation.

The Empowerment Of The Disabled Community By The Government Of

Buleleng Regency Social development as a form of national development approach has
the objective to improve the quality and welfare of human life based on a sense of
justice, peace, and the realization of welfare related to physical, spiritual, and social
needs. Social development is also a process that elevates the relationship between
powers that turn into empowering relationships between individuals, groups and social
institutions. In order to increase development and accelerate economic growth, the
government needs to pay attention to the human resources condition and pay attention
to various aspects that may hamper development, including paying attention to the
welfare of persons with disabilities.

CONCLUSION

Legal protection as an effort to protect human rights especially for persons with
disabilities in Buleleng Regency is an effort to meet the needs of things that can be
detrimental to persons with disabilities. In Buleleng Regency, the Social Service as a
regional agency that has the main duties and functions in the field of social welfare
including providing basic social services, namely social rehabilitation services for
people with disabilities as well as strategic steps in handling Social Welfare Problems
(PMKS) in carrying out social welfare in Buleleng Regency. In addition, there is also a
program of assistance given to persons with disabilities in Buleleng Regency, which is
ASDP (Social Assistance for Persons with Disabilities), which is only given to persons
with severe disabilities, in the form of Rp300,000 / month. In addition to the rules in
national law, Buleleng Regency has also submitted a draft for regional regulation on the
Protection and Fulfillment of the Rights of Persons with Disabilities, which regulates
rights such as: equal treatment before the law, recognized as legal subjects, owning and
inheriting movable or immovable property, and protection of intellectual property
rights. The empowerment of persons with disabilities is an effort to improve the abilities
of persons with disabilities through various implementation of educational programs,
training, counseling, assistance in various aspects such as economic, social, cultural,
educational, and so on in order to achieve the level of social functioning within and
have the authority to make decisions related to their life problems. The empowerment of
persons with disabilities in this case is carried out by the Government of the Regency of
Buleleng by the Social Service by providing job training which is also one of the rights
stipulated in the Regional Regulation of the Regency of Buleleng concerning Protection
and Fulfillment of the Rights of Persons with Disabilities. In addition, persons with
disabilities will also be included in non-governmental organizations or organizations for
persons with disabilities as well as associations concerned with disabilities, especially in
Buleleng Regency. The empowerment is done to increase the ability and independence
of the persons with disabilities.