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All Journal JURNAL LITIGASI (e-Journal) Lex Scientia Law Review
Tambunan, Ezra
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts Cendhani, Cindy; Elvi Kusuma Putri, Dita; Tambunan, Ezra
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41371

Abstract

Corona Virus Disease 2019 (Covid-19) designated as National Disaster by Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Covid-19 (Keppres 12/2020). The determination of National Disaster resulted in public speculation would be used as basis canceling all types of contracts or being able to delay implementation contractual with argument force majeure. Force majeure provisions refer to articles 1244-1245 Burgerlijk Wetboek (BW). The question that arises is whether the determination of national disaster can be used as a reason for force majeure for all types of contracts and the legal consequences. This paper uses a normative legal research method with 3 (three) approaches, namely statute approach, conceptual approach, and case approach. So it can be concluded that the National Disaster in Keppres 12/2020 cannot automatically qualify as force majeure on all types of contracts. Because, in the Covid-19 a implementation private contracts still possible.
Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts Cendhani, Cindy; Elvi Kusuma Putri, Dita; Tambunan, Ezra
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41371

Abstract

Corona Virus Disease 2019 (Covid-19) designated as National Disaster by Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Covid-19 (Keppres 12/2020). The determination of National Disaster resulted in public speculation would be used as basis canceling all types of contracts or being able to delay implementation contractual with argument force majeure. Force majeure provisions refer to articles 1244-1245 Burgerlijk Wetboek (BW). The question that arises is whether the determination of national disaster can be used as a reason for force majeure for all types of contracts and the legal consequences. This paper uses a normative legal research method with 3 (three) approaches, namely statute approach, conceptual approach, and case approach. So it can be concluded that the National Disaster in Keppres 12/2020 cannot automatically qualify as force majeure on all types of contracts. Because, in the Covid-19 a implementation private contracts still possible.
PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI LEMBAGA PERMASYARAKATAN Aris, Mohamad Syaiful; Tambunan, Ezra; Putri, Dita Elvia Kusuma; Nugraha, Xavier
LITIGASI Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5077

Abstract

Public service is a series of actions carried out in order to meet the service needs of each citizen. In the department of corrections, public service arrangements also hold an essential element in creating a quality environment. It is on the reason that prisoners as god's creatures are also entitled to proper service as is guaranteed by article 34 verses (3) of Constitution 1945. On the other hand, in implementing abovementioned, service in correctional service is not actually implemented properly. This is due to many factors, such as shortage of prison officers, overcrowded prison, and other factors.  Based on abovementioned, the author formulated 2 (two) legal problems: a) the prisoner's right to good public service under the Correctional Service Act; and b) AUPB applications upon service arrangements in the penitentiary. The method of research is legal research. It is concluded that: a) eventhough a convict has committed an offense, the state has to ensure he gets proper service during his time; b) Public service officers in prison should always refer its conduct to the General Principles of Good Governance such as impartiality, good service, and principle to not commit abuse of power. Keywords: Penitentiary, Public Services, AUPB.
Co-Authors Aris, Mohamad Syaiful Cendhani, Cindy Elvi Kusuma Putri, Dita Nugraha, Xavier Putri, Dita Elvia Kusuma