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All Journal LAW REFORM JUSTISI Pancasila: Jurnal Keindonesiaan
Ivory, Jared
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Dynamics of Government Fiscal Policy Post COVID-19 Pandemic in Indonesia (Legal Analysis of Government Regulation instead of Law Number 1 Year 2020) Giri, Ni Putu Niti Suari; Yusa, I Gede; Sumerthayasa, Putu Gede Arya; Kelly, Danial; Ivory, Jared
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.63339

Abstract

The COVID-19 pandemic had a significant impact on various countries, including Indonesia, in particular on the securing of the state budget and state financial stability in anticipation of the systemic and comprehensive impact of the pandemic. This deviation is not in line with the Indonesian constitution, welfare state principles, and even regulations based on the principles of good legislation. This article will examine three aspects of the problem: firstly, the formation of Government Regulation Number 1 of 2020 (Perppu) concerning State Financial Policy and Stability under COVID-19 countermeasures by the formation mechanism; secondly, the constitutionality issue in the drafting of Perppu; and thirdly, the legal issue of Article 27 on the immunity of officials who carry out financial policies. This paper employs a combination of normative legal research methods, including a statutory approach, a legal conceptual approach, a legal fact approach, and a relevant case law approach. The result of the research is  that Perppu is a policy in an emergency period that contains a policy of relaxation of the implementation of the APBN is constitutional. The form of deviation that appears from Perppu is that this Perppu implements financial relaxation or sets state financial policies without involving the DPR. This has been constitutionally confirmed by Article 12 of the 1945 Constitution that the government and the DPR must determine state financial policies together. Although the constitutionality of Perppu in terms of fiscal policy is not in question, the provisions of Article 27 of Perppu that are unconstitutional can be cancelled by the Constitutional Court. The legality of Perppu relating to immunity must be implemented by prioritising the principle of good faith in carrying out the duties and functions of each state financial stakeholder during the emergency period.
Indonesia's Directive Legislation: Balancing with Pancasila Law-Idea Hermanto, Bagus; Subawa, Made; Hattori, Mariko; Ivory, Jared
Pancasila: Jurnal Keindonesiaan Vol. 4 No. 2 (2024): VOLUME 4 ISSUE 2, OCTOBER 2024
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/pjk.v4i2.568

Abstract

The implementation of the Omnibus Law in the formation of laws and regulations in Indonesia commenced with the introduction of directive legislation in a range of sectors. Conversely, the Omnibus Law has given rise to a number of issues, particularly in relation to the Pancasila law-idea. This is because the Omnibus Law is perceived to be at odds with the Pancasila law-idea, with critics arguing that it fails to reflect the spirit of Pancasila in terms of both practice and legislative methodology. This paper aims to examine, evaluate and identify potential avenues for the development of national regulations in alignment with the principles of the Omnibus Law, taking into account the role of Pancasila as an ideological and legal foundation. This paper demonstrates that the Pancasila idea-law can serve to balance and harmonise the various understandings held by countries around the world, particularly in relation to the application of the Pancasila law-idea as a foundation in the practice of Omnibus Law and the formation of national regulations.
Comparison of the Principle of Meaningful Participation in the Process of Law Formation in Indonesia, Switzerland, and Sweden Saragih, Geofani Milthree; Putra, Rengga Kusuma; Ishwara , Ade Sathya Sanathana; Nugroho, Aziz Widhi; Ivory, Jared
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4346

Abstract

This study aims to analyze the effectiveness of applying the principle of meaningful participation in lawmaking in Indonesia, Switzerland, and Sweden The method used is normative juridical with a case study and comparative law approach. Data collection was conducted through a literature review of regulations, official documents, and related literature, which was then analyzed qualitatively using a descriptive-comparative framework. The novelty of this research lies in its functional comparative approach, which not only compares legal frameworks but also the practical implementation of the principle of participation in the legislative processes of each country. This study highlights the gap between formal regulations and substantive practices in Indonesia, and identifies best practices from Swiss referendum democracy and Swedish public consultation mechanisms. The results show that Indonesia still faces challenges in ensuring substantive public participation, which tends to be formal and limited without influencing the substance of regulations. In contrast, Switzerland implements direct democracy through referendums, and Sweden has developed transparent and structured public consultation mechanisms. However, the future prospects in Indonesia are quite positive, with increasing demands for transparency, technological advances, and the role of civil society opening up opportunities to develop more inclusive and effective public participation in law-making. In conclusion, although Indonesia is still limited in ensuring substantial public participation, the opportunities to improve participation mechanisms through transparency and technology are quite promising, leading to a more inclusive and influential system in law formation.
Co-Authors Danial Kelly Hattori, Mariko Hermanto, Bagus I Gede Yusa Ishwara , Ade Sathya Sanathana Made Subawa Ni Putu Niti Suari Giri Nugroho, Aziz Widhi Putra, Rengga Kusuma Putu Gede Arya Sumertayasa Saragih, Geofani Milthree