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Richard Jatimulya Alam Wibowo
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Law, Crime, Criminology & Criminal Justice

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IMUNITAS TERHADAP PEJABAT PEMERINTAH INDONESIA DAN AMERIKA KETIKA PANDEMI COVID-19, SERTA IMPLIKASINYA TERHADAP PENERAPAN DAN PENEGAKAN ASAS UMUM PEMERINTAHAN YANG BAIK Richard Jatimulya Alam Wibowo; Tundjung Herning Sitabuana
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17470

Abstract

The COVID-19 pandemic on a global scale requires governments of countries to find solutions to address the economic, social, and public health impacts. This study uses a statutory and comparative approach, by tracing primary, secondary, and jurisprudential sources of law. In administering the government during the COVID-19 pandemic, government officials get legal protection, so they are not haunted by fear of legal entanglement in making decisions as long as they are based on good faith. Furthermore, the government in this case is guided by the General Principles of Good Governance in forming decisions that become the legal basis for dealing with problems during the COVID-19 pandemic. Whereas then, the existence of the right to immunity during the pandemic, as well as the enforcement, and the doctrine of the General Principles of Good Governance in Indonesia and the United States have constitutional contrasts. Therefore, this study then found similarities and differences in the practice and substance of granting immunity and the doctrine of the General Principles of Good Governance in Indonesia and the United States of America, according to the different law system, social, and culture
KEPASTIAN HUKUM DI INDONESIA TERKAIT PERLINDUNGAN DAN PEMBATASAN KEBEBASAN BERPENDAPAT PADA DUNIA MAYA (CYBERSPACE) Richard Jatimulya Alam Wibowo; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The development of information and communication technology has brought cyberspace to bemore relevant in the media for delivering opinions. In this case, the constitution mandates thegovernment to play a role in protecting, upholding, and guaranteeing human rights, one of whichis freedom of opinion. The research was conducted using a normative juridical method with astatutory approach, tracing primary and secondary legal sources in the form of legislation, journalarticles, and jurisprudence. Legislation not only guarantees freedom of expression as a humanright, but also provides limitations so that freedom of expression is not used to violate the rights ofothers. Article 28E paragraph (3), 28F, and 28I paragraph (1) of the 1945 Constitution of theRepublic of Indonesia provide guarantees, while Article 28J paragraph (1) also provideslimitations. Furthermore, this limitation is given in the law which regulates the expression ofopinion in public, human rights, the press, as well as information and electronic transactions. Thattechnological developments not only bring convenience in expressing opinions, but also causeproblems due to the emergence of new actions and forms of expression that have never existedbefore. Therefore, this study aims to find gaps, shortcomings, and the need for regulationsregarding guarantees and restrictions on freedom of expression in cyberspace in the corridor ofhuman rights.
Co-Authors Rasji Rasji Tundjung Herning Sitabuana