State of Emergency in Indonesia

Abstract

The state may be in an emergency. In emergency situations the state will enact state emergency law. According to R. Kranenburg's theory the stte's emergency law should be balanced between the interests of the state and the interests of the people. In Indonesia the state emergency law is based on Article 12 and Article 22 of the 1945 Constitution of the Republic of Indonesia. Article 12 of the 1945 Constitution of the Republic of Indonesia regulates the emergency of the Dangerous State and Article 22 of the 1945 Constitution of the Republic of Indonesia regulates the emergency of Crisis. Nevertheless, the implementation of Article 12 of the 1945 Constitution of the Republic of Indonesia in the form of Presidential Decree and the implementation of Article 22 of the 1945 Constitution of the Republic of Indonesia in the form of PERPPU reaps a lot of controversy. Article 12 and Article 22 of the 1945 Constitution of the Republic of Indonesia as the basis of the constitution of the enactment of state emergency law are vague and ambiguous. So the provisions of the two chapters provide opportunities for abuse of power and human rights violations.

Keywords: State of emergency, Legal Concept, Emergency Regulation

DOI: 10.7176/JLPG/93-19

Publication date: January 31^st 2020