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Journal : LEGAL BRIEF

FORCE MAJEURE DURING THE COVID-19 PANDEMIC (A STUDY OF CAUSALITY IN THE PERSPECTIVE OF ENGAGEMENT LAW) Vani Wirawan; Ariesta Wibisono Anditya; Andi Redani Suryanata; Anisah Karim
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (835.617 KB)

Abstract

Corona Virus Disease 2019 (COVID-19) has been declared by President Joko Widodo to be a National Disaster with Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster, where this is the reason for delays or cancellations. In a contract related to force majeure. This study aims to analyze whether the Covid-19 pandemic cannot be said to be a force majeure that can cancel an engagement. This research contains a diagnostic form with a sociolegal or socio-legal research approach. The result of the discussion is that the Covid-19 pandemic, which has been designated as a national disaster by the Government, does not necessarily become the basis for changing or even canceling an engagement because the event is casuistic, which requires a comprehensive study and approach as well as evidence regarding the impact of the Covid-19 pandemic. This results in the parties being hindered in carrying out or fulfilling their achievements. Then, the Covid-19 pandemic, which is said to be force majeure, can only be used as the basis for a relative force majeure reason because the situation or event is only temporary, meaning that the Covid-19 pandemic as force majeure can only delay the implementation of achievements without canceling the engagement.
Analysis of Law Enforcement of Dog Smuggling Crime in Kulon Progo Re-gency: Case Study on Decision Number 95/Pid.Sus/2021/PT YYK Sawitri, Kiki Novita; Anditya, Ariesta Wibisono
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1361

Abstract

This research analyzes the law enforcement of dog smuggling in Kulon Progo Regency with a case study of Decision Number 95/Pid.Sus/2021/PT YYK. Dog smuggling not only violates the law, but also poses a public health risk, especially related to the spread of rabies. The research method used is normative-empirical juridical with the approach of legislation, case studies, and systematic literature review. The results show that there is a discrepancy in the application of criminal sanctions by judges with the special minimum provisions in Article 89 paragraph (2) of Law No. 41/2014. In addition, the DIY Agriculture and Food Security Office has a strategic role, but faces resource constraints and regulatory gaps. This research emphasizes the importance of synergy between agencies, strengthening local policies, and increasing public awareness as an effort to prevent animal smuggling. The findings are expected to be an academic contribution and input for the formulation of more effective law enforcement policies against animal smuggling crimes, especially dogs.