Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia

Research Article

Constitutional Court and Legal Certainty Covid-19 Pandemic Status

Download357 downloads
  • @INPROCEEDINGS{10.4108/eai.16-4-2022.2319712,
        author={Ery Satria Pamungkas},
        title={Constitutional Court and Legal Certainty Covid-19 Pandemic Status},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2022},
        month={8},
        keywords={covid-19; judicial review; judicial review; constitutional court},
        doi={10.4108/eai.16-4-2022.2319712}
    }
    
  • Ery Satria Pamungkas
    Year: 2022
    Constitutional Court and Legal Certainty Covid-19 Pandemic Status
    ICLSSEE
    EAI
    DOI: 10.4108/eai.16-4-2022.2319712
Ery Satria Pamungkas1,*
  • 1: Substitute Registrar at the Constitutional Court of the Republic of Indonesia
*Contact email: alit.astiari@gmail.com

Abstract

Since WHO announced that the Covid-19 virus had entered a pandemic period, the international community has made various policy adjustments to overcome this. The impact of the policy to stop the infection from spreading is felt all over the world, including in Indonesia. This underlies Indonesia to ratify In respect of Law No. 1 of 2020 Governing State Monetary Policies and Banking Device for Managing the Corona Virus Disease (COVID-19) Epidemic and Threats to the Economic Affairs and Welfare, the court has published a rule. The System of Finance Becomes a Law (Perppu 1/2020), which was subsequently enacted as Law Number 2 of 2020. This Law then became the basis for changes to various economy and government administration policies. Some citizens then submitted a request to the Judge for a reassessment of the statute in light of the constitution Act. From several requests for judicial review of the Law, in Decision Number 37/PUU-XVIII/2020, it was found how the Judiciary's attitude towards the constitutionality of Law 2/2020 was found. This paper discusses, among others, what subjects were submitted by the applicant in testing the Law to the High Court and analyses the Court's legal considerations before making a decision on the legal challenge and how the implications of this decision were in ensuring legal certainty for policies implemented during the Covid pandemic. -19.