CD Skripsi

Mekanisme Check And Balances Dalam Penerbitan Un-Dang-Undang Nomor 2 Tahun 2020 Tentang Kebijakan Keuangan Dan Stabilitas Sistem Keuangan Untuk Pe-Nanganan Pandemi Corona Virus Disease 2019 (Covid- 19) Dan/Atau Dalam Rangka Menghadapi Ancaman Yang Membahayakan Perekonomian Nasional Dan/Atau Sta-Bilitas Sistem Keuangan

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ABSTRACT
Indonesia adheres to the separation of power system and adheres to the Trias
politica understanding, where the government system is divided into 3 rooms, legislative,
executive and judicial, each of which carries out its duties and functions
with a mechanism of checks and balances both in normal and abnormal conditions
(state of emergency). Covid-19 which became a world epidemic attacked and affected
the state of a country, until Indonesia with the authority given to the 1945
Constitution to the Executive in this case the President to deal with crises and
emergencies by issuing a government regulation in lieu of Law Number 1 of 2020
concerning financial policy, where it is hoped that this Government Regulation in
Lieu of Law will be able to overcome the economic crisis and become a legal umbrella
in terms of diverting APBN funds for the benefit of health recovery and
economic recovery. The formulation of the problem proposed is how the mechanism
of checks and balances against the government in the issuance of Law Number
2 of 2020 regarding financial policy and what is the compelling urgency in the
background of the government Regulation in Lieu of Law Number 1 of 2020 concerning
financial policy in terms of the decision of the Constitutional Court Number
138 of 2009.
This research is a normative juridical research, research conducted based on
legal materials and legislation. The approach taken is close to the library approach,
namely by studying books and legislation. The types of data used are primary
data types, secondary data sources, namely data sources derived from books
and other regulations.
The theory used in this research is the theory of Trias Politica and the theory
of Emergency Constitutional Law. From the research results, the trias politica theory
requires a clear separation of powers in order to prevent centralized power and
the issuance of government regulation in lieu of Law Number 1 of 2020 concerning
financial policy into Law Number 2 of 2020 concerning financial policy. the
important roles and tasks of the legislature, especially in terms of budgeting or
budgeting tasks with the argument to facilitate policy directions in dealing with
the corona pandemic. And the president takes refuge in the provisions of the 1945
Constitution Article 22 paragraph (1) it is stated that in matters of urgency that
force the president to have the right to stipulate government regulations in lieu of
the law. This study also conducted a study on whether the issuance of this Government
Regulation in Lieu of Law Number 1 of 2020 fulfilled the element of
compelling urgency in accordance with the provisions of the Constitutional
Court's decision Number 138 of 2009.
Keywords: Government regulation in lieu of law Number 1 of 2020, Trias Politica,
Checks and balances, Coercive Crisis.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 121 (0016)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Administrasi Negara., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 121 (0016)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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