Qurrata Ayuni, Qurrata
Dept. of Constitutional Law, Faculty of Law Universitas Indonesia

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Journal : Jurnal Hukum dan Pembangunan

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.
GAGASAN PENGADILAN KHUSUS UNTUK SENGKETA HASIL PEMILHAN KEPALA DAERAH Ayuni, Qurrata
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The Constitutional Court in Decision Number 97 / PUU-XI / 2013 states that the dispute over the head of region election is not included in the authority of its constitutionality. The Lawmakers follow up this ruling by initiating a special judicial body that will hear disputes over the results of head of region election. Special judicial bodies should have been formed before the head of region election simultaneously. In the transitional period, before the establishment of a special judicial body, disputes over the results of head of region election are still handled by the Constitutional Court in 2015 and 2017. This study aims to seek and provide an overview of the options for the form and design of special courts of head of region election such as through the State Administrative High Court, Election Supervisory Board and remain in the Constitutional Court. This paper suggests the existence of a judicial body that will handle disputes over regional head elections that will provide legal certainty for the democratic process in Indonesia.