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Agus Adhari
Universitas Pembangunan Panca Budi
Law, Crime, Criminology & Criminal Justice

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Journal : Dialogia Iuridica

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AMBIGUITAS PENGATURAN KEADAAN BAHAYA DALAM SISTEM KETATANEGARAAN INDONESIA Agus Adhari
Dialogia Iuridica Vol. 11 No. 1 (2019): Volume 11 Nomor 1 Tahun 2019
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v11i1.1960

Abstract

This article aims to analysis state of emergency rules in Indonesia. it contains practical power during state of emergency. A state of emergency is a situation that threaten the life and nation and caused political instability. A state of emergency regulated within article 12 constitution of the republic of Indonesia gives extraordinary power to the President to act against the emergency situation. Besides constitution, state of emergency also regulated by several acts (Perppu 23/1959 UU 24/2007 and UU 7/2012) and each act has different concept of state of emergency. Based on Perppu 23/1959, there are five kinds of situation called state of emergency (rebellion, riot, civil war, disaster and war). Furthermore, UU 24/2007 and UU 7/2012 regulate disaster, riot and civil war separetely and give special authority to the local government (Governor, Bupati and Mayor) proclaiming state of emergency. Besides special authority, these acts ( UU 24/2007 and (UU 7/2012) regulate different concept of how long state of emergency applicable. The result, these different concepts affect several acts such as UU 31/1999 that regulates the death pinalty for those person who doing corruption during state of emergency and local government has no right to proclaim state of emergency based on UU 23/2014 that separates authority between central and local government. State of emergency related to security and defence issues and according to UU 23/2014 security and defence issues are the part of central government authority.
PENATAAN ANCAMAN EKONOMI SEBAGAI BAGIAN DARI KEADAAN BAHAYA DI INDONESIA Agus Adhari
Dialogia Iuridica Vol. 12 No. 1 (2020): Volume 12, Nomor 1, Tahun 2020
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v12i1.3019

Abstract

This article aims to analyze economic threats in times of emergency. Threats in the modern era consist of many types, and most of it dominated by nonmilitary threats such as disasters and social conflicts. However, apart from these two threats, economic threats also have the same effect on national security. The Indonesian government has been responded to economic threats differently since 1998 when it faced an economic crisis, then when it faced the threat of an economic recession due to the impact of the Covid-19 Pandemic. The difference in ways of responding to economic threats is because Indonesia does not regulate economic threats as threats of state of emergency, so policies to respond to economic threats are limited by rules that cannot be violated. Therefore, this article will discuss the arrangement of economic threats in times of emergency. As a result, by regulating an economic threat as part of a state of emergency, the government has the power to shape economic policy by deviating from the provisions that apply under normal conditions. The economic emergency arrangement is carried out by regulating economic threats as part of a state of emergency through the law, then also regulates the scope of the President's powers, the organ of exercising power, time limits, and forms of responsibility.
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