Electronic Theses and Dissertation

This paper examine sovereignty over natural resources refers to the right of a state to freely utilise, exploit, and regulate its natural resources on its own territory. This principle of perpetual sovereignty was regarded as a crucial aspect of the decolonization process which validate as United Nation Resolution 1803. Indonesia has become exporting state of raw material for more than 40 years towards western countries. Indonesia ratified General Agreement on Tariff and Trade (GATT) through Law Number 7/1994. Indonesia initiate a strategy to add the value of raw material. The regulation made by Indonesia government is unpleased the European Union (EU). Resulting the complaint by the EU. The objectives of this research is to explain the interest of Indonesia prohibition of nickel ore/raw material export and describe the effects of the prohibition of nickel ore on Indonesia in international organization. The study adopts a normative legal methodology from a third world perspective where primary and secondary legal resources are obtained. Primary legal sources were gathered through Indonesia 1945 Constitution, Law Number 3/2020 on Mineral and Coal Mining, and United Nation Resolution 1803. In addition, the secondary sources were obtained by reviewing relevant journals. The findings of the study reveal that by the existence of international organization, states are not able to fully implemented the right of permanent sovereignty as how declared in United Nation resolution 1803. Therefore, the study emphasized whether the sovereignty can be excelled in the existence of international convention. It is proven through case Number DS592: Indonesia – Measures relating Raw Materials that Indonesia lost to the EU on how convention binding the subject to limitation. The law in international organization must be respecting the principle of non-interfere and the needs of organization or court to protect the permanent sovereignty.