Bernard Nicholas Singarimbun, - (2022) EMERGENCY CLAUSE IN THE INDONESIAN CONSTITUTION IN TIME OF COVID-19 PANDEMIC IN COMPARATIVE PERSPECTIVE. Skripsi thesis, Universitas Airlangga.

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Abstract

Most states in the world were struggling to employ its legal mechanism to overcome the impact Covid-19 under the emergency situation. Article 22 & 22 of Indonesian 1945 Constitution are known as the primary constitutional basis regarding state of emergency, where the President hold the emergency power in issuing the Government Regulation in Lieu of Laws. However, such clauses do not fully accommodate the scope of emergency and the limitation of the power, particularly in respond to public health emergency. Therefore, the Author will examine the applicability of the emergency clauses in respond to the pandemic. The Author uses normative legal research with a statute, conceptual, comparative, and case approach. The state of constitutional mechanisms, in the context of the Covid-19 pandemic, is analysed from a comparative law and global perspective, making pinpointed and purposeful comparison between the USA, the Philippines, Japan, and Brazil Constitutional Framework. The result shows that the applicability of emergency clauses in Indonesia is imprecise due to the broad and open scope. This may lead to might lead to the abuse of power since there is no limitation on the period. There must be check and balance in the exercise of such generous emergency power. Global constitutionalism is the best tool for the states to get out from the crisis due to the vacuum of constitutional clauses in regard with state of emergency and emergency power. It will guarantee the principle of Separation of Powers, Popular Sovereignty, Independent Judiciary, Protection of Human Rights, and Rule of Law.

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