Proceedings of the 2nd International Conference on Law, Social Sciences and Education, ICLSSE 2020, 10 November, Singaraja, Bali, Indonesia

Research Article

Potential corruption in handling pandemic covid 19: reviewing the provisions article 27 government regulation in lieu of law no. 1 of 2020 and legal problematics

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  • @INPROCEEDINGS{10.4108/eai.10-11-2020.2303429,
        author={Made Sugi Hartono},
        title={Potential corruption in handling pandemic covid 19: reviewing the provisions article 27 government regulation in lieu of law no. 1 of 2020 and legal problematics},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Sciences and Education, ICLSSE 2020, 10 November, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2021},
        month={1},
        keywords={corruption; good faith; covid-19},
        doi={10.4108/eai.10-11-2020.2303429}
    }
    
  • Made Sugi Hartono
    Year: 2021
    Potential corruption in handling pandemic covid 19: reviewing the provisions article 27 government regulation in lieu of law no. 1 of 2020 and legal problematics
    ICLSSE
    EAI
    DOI: 10.4108/eai.10-11-2020.2303429
Made Sugi Hartono1,*
  • 1: Universitas Pendidikan Ganesha, Indonesia
*Contact email: sugi.hartono@undiksha.ac.id

Abstract

This study aims to elaborate on the potential for corruption arising from the provisions of Article 27 of the Government Regulation In Lieu of Law Number 1 of 2020. The birth of this provision is a protection for policy makers from being prosecuted civil and criminal as long as it is carried out in good faith and in accordance with statutory regulations. The problem is that this provision opens space for the occurrence of criminal acts of corruption behind the phrase "good faith" which is formulated with multiple interpretations and is subjective in nature. Based on the results and discussion, it is clear that corruption has the potential to occur with the provisions of Article 27 of the Government Regulation In Lieu of Law Number 1 of 2020. Government policy in dealing with the Covid 19 pandemic involves a large budget so that each side is prone to abuse of authority. Subsequently, the obscure norm in the phrase "good faith" gave rise to new legal problems. In fact, for a positivistic law, norms must be clearly formulated. The struggle occurs when the interests of the wider community want policies to be taken quickly and effectively in order to save all elements of society. this is the substance of progressive thoughts oriented towards social benefits.