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All Journal Jurnal Legislasi Indonesia Indonesian Notary Jurnal Konstitusi dan Demokrasi Jurnal Hukum dan Pembangunan
Fitra Arsil
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Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal Hukum dan Pembangunan

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MODEL PENGATURAN KEDARURATAN DAN PILIHAN KEDARURATAN INDONESIA DALAM MENGHADAPI PANDEMI COVID-19 Arsil, Fitra; Ayuni, Qurrata
Jurnal Hukum & Pembangunan Vol. 50, No. 2
Publisher : UI Scholars Hub

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Abstract

Indonesia own various of legal models uses to deal with emergencies. Two emergency arrangements in the 1945 Constitution are represented by the phrase "state of danger" in Article 12 of the 1945 Constitution and the phrase " coercive importance " in Article 22 of the 1945 Constitution. Both have different characters and implications for both the power generated and the oversight mechanism. In addition, there are also emergency legal instruments based on laws, which are represented among others by the Disaster Mitigation Act and the Health Quarantine Act. Interestingly, an emergency based on this law is not directly related to an emergency based on the Constitution which has implications for the legal system and character of the resulting emergency power. Dealing with the Covid-19 pandemic The Indonesian government was confronted with these choices to form an emergency policy. The choice of emergency legal scheme chosen by Indonesia is more for activating emergency based on the law in dealing with Covid 19.
MENGGAGAS PEMBATASAN PEMBENTUKAN DAN MATERI MUATAN PERPPU: STUDI PERBANDINGAN PENGATURAN DAN PENGGUNAAN PERPPU DI NEGARA-NEGARA PRESIDENSIAL Arsil, Fitra
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Government regulation in lieu of law or ‘Perppu’arrangement in Indonesia is more limited than other types of emergency regulations issued by the president in various countries. Such arrangement apprently is not sufficient to be considered as limiting the issuance of the emergency regulations. Some presidential state countries have made changes to provide sufficient restrictions to presidential legislative power. The limitation is not only in terms of its formation procedures but also on the material which can be regulated by the Perppu. Therefore, lessons from other jurisdictionsindeed inspires Indonesia to limit the pasage of Perppu
Co-Authors Abadi, Songga Aurora Aditya Wahyu Febriyantoro Annisa Aurelia Jessika Putri Liza Priandhini Qurrata Ayuni, Qurrata