Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)

The Meaning and Development of State Emergency Laws Based on Constitution in the Indonesian Legal System

Authors
Atma Suganda, Musa Anthony Siregar
Corresponding Author
Atma Suganda
Available Online 14 December 2020.
DOI
10.2991/assehr.k.201209.336How to use a DOI?
Keywords
Emergency Law, Indonesian Legal System, State of Law
Abstract

Supremacy of law constitute the main resultant of the principle of the state based on law, which is conserved by legal experts in the legal traditions of Continental Europe and the Anglo-Saxon legal system, is that all government actions must be based on law, governed by law, controlled according to law, and legally accountable. The supremacy of law in the country and guarantee of legal protection for citizens applies in all circumstances. The state is based on law, it is not only assumed that in normal circumstances and conditions of social life and nationalities, but also applies in abnormal conditions. Abnormal state and community life in the terminology of state administration law is known as danger or emergency. The dynamics of national and state life with high intensity of political practice, is usually a source of emergencies. In addition, natural events often lead to state emergencies. Pandemic outbreak of coronavirus disease in 2019 (Covid-19) which hit the world, including Indonesia, is a natural factor that causes emergencies in the country. In the face of abnormal situations suddenly, such as the outbreak of the Covid-19 epidemic, it seems that the country’s lack of readiness to overcome them.State emergencies law are in line with the principles of the state based on laws that have been accepted and recognized by almost all modern states as one of the important pillars in administering the state.The interpretation and development of state emergency law based on the constitution as part of the Indonesian legal system, is inadequate and must be directed to the formulation of the closeness of shared perception. This article is the result of a review of secondary data in the form of legal literature, therefore it is methodologically classified as a typological legal research, normative-juridical-doctrinal. Approach to the discussion is descriptive-qualitative. The meaning of Indonesian state emergency law contains various dimensions, such as aspects of the institutional subject, scope of authority, regional context, and the boundaries of emergency law. The emergency legal provisions of countries are anticipatory to deal with abnormalities or emergencies. The development of state emergency law in the Indonesian legal system is based on the 1945 Constitution, which was revealed in several laws and elaborated further through statutory regulations under the laws.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
14 December 2020
ISBN
978-94-6239-295-3
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.336How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Atma Suganda
AU  - Musa Anthony Siregar
PY  - 2020
DA  - 2020/12/14
TI  - The Meaning and Development of State Emergency Laws Based on Constitution in the Indonesian Legal System
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 544
EP  - 553
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.336
DO  - 10.2991/assehr.k.201209.336
ID  - Suganda2020
ER  -