Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law
The emergency status is a critical factor in handling disasters in Indonesia, particularly for coronavirus disease 2019 (COVID-19). It provides adequate access for the Government to reduce legal bureaucracy and facilitate expenditure. However, it has faced difficulties in its application as it does...
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
AOSIS
2024-02-01
|
| Series: | Jàmbá |
| Subjects: | |
| Online Access: | https://jamba.org.za/index.php/jamba/article/view/1437 |
| _version_ | 1797336136032452608 |
|---|---|
| author | M. Yakub Aiyub Kadir Teuku Ahmad Dadek Azhari Yahya Aditya Rivaldi |
| author_facet | M. Yakub Aiyub Kadir Teuku Ahmad Dadek Azhari Yahya Aditya Rivaldi |
| author_sort | M. Yakub Aiyub Kadir |
| collection | DOAJ |
| description | The emergency status is a critical factor in handling disasters in Indonesia, particularly for coronavirus disease 2019 (COVID-19). It provides adequate access for the Government to reduce legal bureaucracy and facilitate expenditure. However, it has faced difficulties in its application as it does not have an explicit reference to existing emergency-related disaster laws. This article investigates this discrepancy in terms of the meaning of emergency status within the legal framework in Indonesia. This study uses the doctrinal method to explore six various laws related to disaster emergencies and analyse their discrepancies that have adversely impacted the management of COVID-19. The article finds that the term ‘disaster emergencies’ in the Indonesian legal system has different legal interpretations and a lack of standardisation, making their execution difficult.
Contribution: This article significantly highlights the normative issues of determining disaster emergencies and their status in six different disaster-related laws. It provides an alternative approach to mainstream thinking by proposing amendments to the Infectious Disease Outbreak Law as an integrated law to ensure legal certainty, benefit, and fairness for the people in handling potential pandemics in Indonesia in the years to come. |
| first_indexed | 2024-03-08T08:49:49Z |
| format | Article |
| id | doaj.art-d9e323dd402d4639b54dc978cd71e0f1 |
| institution | Directory Open Access Journal |
| issn | 2072-845X 1996-1421 |
| language | English |
| last_indexed | 2024-03-08T08:49:49Z |
| publishDate | 2024-02-01 |
| publisher | AOSIS |
| record_format | Article |
| series | Jàmbá |
| spelling | doaj.art-d9e323dd402d4639b54dc978cd71e0f12024-02-01T12:41:17ZengAOSISJàmbá2072-845X1996-14212024-02-01161e1e1110.4102/jamba.v16i1.1437471Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated lawM. Yakub Aiyub Kadir0Teuku Ahmad Dadek1Azhari Yahya2Aditya Rivaldi3Department of International Law, Faculty of Law, Syiah Kuala University, Banda AcehAceh Regional Development Planning Body, Banda AcehDepartment of Civil Law, Faculty of Law, Syiah Kuala University, Banda AcehDepartment of International Law, Faculty of Law, Syiah Kuala University, Banda AcehThe emergency status is a critical factor in handling disasters in Indonesia, particularly for coronavirus disease 2019 (COVID-19). It provides adequate access for the Government to reduce legal bureaucracy and facilitate expenditure. However, it has faced difficulties in its application as it does not have an explicit reference to existing emergency-related disaster laws. This article investigates this discrepancy in terms of the meaning of emergency status within the legal framework in Indonesia. This study uses the doctrinal method to explore six various laws related to disaster emergencies and analyse their discrepancies that have adversely impacted the management of COVID-19. The article finds that the term ‘disaster emergencies’ in the Indonesian legal system has different legal interpretations and a lack of standardisation, making their execution difficult. Contribution: This article significantly highlights the normative issues of determining disaster emergencies and their status in six different disaster-related laws. It provides an alternative approach to mainstream thinking by proposing amendments to the Infectious Disease Outbreak Law as an integrated law to ensure legal certainty, benefit, and fairness for the people in handling potential pandemics in Indonesia in the years to come.https://jamba.org.za/index.php/jamba/article/view/1437covid-19managementdisaster emergencylawindonesia. |
| spellingShingle | M. Yakub Aiyub Kadir Teuku Ahmad Dadek Azhari Yahya Aditya Rivaldi Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law Jàmbá covid-19 management disaster emergency law indonesia. |
| title | Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law |
| title_full | Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law |
| title_fullStr | Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law |
| title_full_unstemmed | Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law |
| title_short | Discrepancy of the law on disaster emergency in Indonesia: In search of an integrated law |
| title_sort | discrepancy of the law on disaster emergency in indonesia in search of an integrated law |
| topic | covid-19 management disaster emergency law indonesia. |
| url | https://jamba.org.za/index.php/jamba/article/view/1437 |
| work_keys_str_mv | AT myakubaiyubkadir discrepancyofthelawondisasteremergencyinindonesiainsearchofanintegratedlaw AT teukuahmaddadek discrepancyofthelawondisasteremergencyinindonesiainsearchofanintegratedlaw AT azhariyahya discrepancyofthelawondisasteremergencyinindonesiainsearchofanintegratedlaw AT adityarivaldi discrepancyofthelawondisasteremergencyinindonesiainsearchofanintegratedlaw |