Law-making in the time of pandemic as a new state of emergency in Indonesia

Wasti, Ryan Muthiara; Sati, Nisrina Irbah; Fatmawati, .

doi:10.1080/13572334.2022.2116836

Cited by 3 publications

(1 citation statement)

References 12 publications

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“…In the days that followed, the practice of untouchability was spreading to places outside the valley. In order for the caste-based system implemented by himself to remain in Nepal for a long time, King Ram Shah instructed his successor to be punished according to the conditions by touching the Dharamshila (Wasti, 2006). This declaration helped stabilize the discriminatory laws and penal system based on caste in Nepal but in addition, untouchability was also promoted in the Gorkha state.…”

Section: Untouchability In Nepalmentioning

confidence: 99%

A History of Untouchability in Nepal

Kafle¹

2023

Voice of History

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This study tries to explore how the practice of untouchability developed in the ancient Indian Aryan society and over time entered Nepal and gradually took root in Nepali society. This study presents an argument based on historical facts that the practice of untouchability originated in the Indian Aryan society under the practice of some of the elites who had been in powerful positions. The practice was mainly instituted by the elites to continue exercising their power to subjugate the powerless. As the same, elite Aryans started migrating to Nepal during the ancient period, they brought with them the same practice to continue exercising self-acquired power within the Nepali society. But there was no strongly practiced untouchability in ancient Nepali society. The practice was slowly instituted with the adoption of associated rituals and traditions. The main objective of this study is to explore and analyze untouchability from a historical perspective. The custom of untouchability has existed in Nepal for centuries, there is limited historical evidence of any efforts to abolish it during the ancient and medieval periods. This study combines a qualitative research approach and a historical framework to explore the connection between a social norm and its history.

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Section: Untouchability In Nepalmentioning

confidence: 99%

A History of Untouchability in Nepal

Kafle¹

2023

Voice of History

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Preventive and Evaluative Mechanism Analysis on Regulatory and Legislation Reform in Indonesia

Astariyani,

Hermanto,

Da Cruz

et al. 2023

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The quality of regulatory and legislative measures, both within and outside the hierarchy in Indonesia, can be assessed using certain indicators. These indicators demonstrate a stagnation and a slight shift towards other legal issues. To improve the quality of regulatory and legislative measures, it is necessary to amend preventive and evaluative mechanisms. This condition provides a foundation for further analysis of all problems, with a focus on creating a positive system that prioritizes urgency and required improvements. This paper aims to analyze the preventive and evaluative mechanisms of legislation in Indonesia objectively. This article uses the doctrinal legal method, utilizing legal concepts, statutory laws, legal facts, and legal case approaches. It suggests amending the current mechanism and recommends reforms towards both preventive and evaluative mechanisms to improve regulatory and legislative quality in Indonesia. This study was concerned with formulating grounded principles and concepts, and providing proof of concept for preventive and evaluative mechanisms towards statutory laws, which would ensure the sustainability of Indonesia's legislative and regulatory reform.

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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,

Yusa,

Sumerthayasa

et al. 2024

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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.

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Law-making in the time of pandemic as a new state of emergency in Indonesia

Cited by 3 publications

References 12 publications

A History of Untouchability in Nepal

A History of Untouchability in Nepal

Preventive and Evaluative Mechanism Analysis on Regulatory and Legislation Reform in Indonesia

The Dynamics of Government Fiscal Policy Post COVID-19 Pandemic in Indonesia (Legal Analysis of Government Regulation instead of Law Number 1 Year 2020)

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