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All Journal Jurnal Ilmiah Hukum LEGALITY The Indonesian Journal of International Clinical Legal Education
Wahid, Deny Noer
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutionality of President’s Authority Regarding Lockdown Policy During the State’s Emergency Wahid, Deny Noer; Ramadhan, Febriansyah; Utami, Tasyabilla Pandi
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.54040

Abstract

The Article 22 of the 1945 Constitution of the Republic of Indonesia grants an exclusive authority to the president enacted as "legal dictatorial power", meaning that the President holds a sovereign authority to create and form regulations or laws independently without needing to discuss with the House of Representatives (DPR). The authority is to stipulate Government Regulation in Lieu of Law (Perppu). It refers to the president’s authority basis to run the regulation over the running government whose primary aims are to guarantee and to protect the citizen’s welfare. On the other hand, in respect of Indonesian constitutional system that adheres to the concept of decentralization, local governments also have the right to determine a situation/condition in response to the global pandemic situation. As a matter of the fact, so many overlaps are found in the exercise of policies and regulations under the authority of central and regional governments. Thus, the current research is aimed to strengthen the role of President as the head of state in dealing with the global pandemic issue and in applying lockdown with its all mechanisms. Practically, the research was carried out by means of normative legal research method associated with statutory, conceptual, historical, and comparative approaches. Furthermore, the research had found that the President appeared to be the supreme power holder over central governments, equipped with strong legitimacy in running the lockdown in accordance with juridical and empirical perspectives on the effectiveness of pandemic handling
Reconceptualising Good Faith in Indonesia’s Public-Private Partnership Infrastructure Contracts: A Welfare State Perspective Anggraeny, Isdian; Simamora, Yohanes Sogar; Kurniawan, Faizal; Wahid, Deny Noer; Hapsari, Dwi Ratna Indri
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.44365

Abstract

This study aimed to reconceptualize good faith in Indonesia's public-private partnership infrastructure contracts from a welfare-state perspective. Public-Private Partnership in Indonesia can accelerate the provision of infrastructure to meet the state's welfare obligations. Still, legally it remains an instrument of public policy, not a transfer of the state's constitutional obligations. Using normative legal methods through legislative and conceptual analysis, as well as limited comparison, this article finds that PPP contracts should be understood as administrative contracts (bestuurscontract) that derive from public authority and are oriented towards service and the public interest. Therefore, good faith should not be viewed merely as a moral norm at the time of signing, but rather as an ongoing obligation and corrective principle (redelijkheid en billijkheid) throughout the project cycle. The normative contribution of this article is a reform model that codifies the obligation of good faith, oriented towards the public interest, in laws and their implementing regulations, including cooperation, disclosure of information, and renegotiation. This aims to prevent abuse of authority, protect the public interest, and strengthen legal accountability for project failures.
Co-Authors Dwi Ratna Indri Hapsari Faizal Kurniawan Isdian Anggraeny Ramadhan, Febriansyah Simamora, Yohanes Sogar Utami, Tasyabilla Pandi