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Discretion and management of the covid-19 pandemic: Indonesia’s experience in facing the health crisis Muhammad Doing; Bujang Ali; Dedi Yamin
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4454

Abstract

With this study, we want to better understand the role of discretion in the Indonesian government's response to the COVID-19 outbreak, so that we may develop a more equitable and effective policy framework while reducing unintended consequences for as many people as possible. To understand and evaluate legislative regulations and government decisions, especially in the context of social restriction policies and their impact on individual basic rights, this study employs a normative juridical approach, which necessitates analysis of primary, secondary, and tertiary legal materials and the use of legal hermeneutics. According to the findings, Indonesia's legal framework explicitly provides for the use of discretion when dealing with COVID-19, allowing the government and state authorities to respond swiftly and properly to changing circumstances. The key to preventing abuse of authority and prejudice is ensuring openness, accountability, and human rights values in the exercise of discretion. To make sure discretion is both responsive and respectful of democratic norms and human rights, we suggest regulatory changes and strengthened human rights-based supervision procedures.
Shopeepay later in Indonesia: Navigating credit and payment issues in digital markets Bujang Ali; Muhammad Doing; Fitriani Fitriani
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4456

Abstract

This research seeks to comprehend ShopeePay Later credit in Indonesian laws and regulations and examine the dispute resolution mechanism for Financial Technology Peer to Peer Lending using ShopeePay Later. The normative juridical and economic law approach analyzes applicable laws and regulations, statistical data, case studies, and economic literature. Legal hermeneutic analysis interprets and applies legal documents to ShopeePay Later. The research shows that ShopeePay Later must follow Indonesian law and economics, including payment failure and sanctions. According to Law no. 30 of 1999, legal protection for users of this service is divided into preventive and repressive forms, with an emphasis on preventive measures and preparation of effective dispute resolution mechanisms like Alternative Dispute Resolution (APS).