Category: Law

COVID-19 Outbreak: Legal Issues

Not even a week has passed after the President signed a series of regulations that will be used as a basis for decision making relating to the handling of the Corona Virus Disease 2019 (COVID-19) outbreak and problems have arisen. The first problem arises because there is a legal guarantee that actions are taken based on Government Regulation in lieu of Law (Perppu) No. 1/2020 cannot be sued in court. Another problem arises because the Minister of Law and Human Rights attempted to revise the provisions in Government Regulation (PP) No. 99/2012 to release prisoners in corruption cases and other cases of extraordinary crimes.

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Update on the Budget Mafia Case 

In March 2018 the Corruption Eradication Commission (KPK) conducted a sting operation and uncovered a case of alleged corruption dubbed as the Budget Mafia Case. The case got its name because from the sting operation the KPK moved forward in the investigation and inquisition stage and named civil servants at the Ministry of Finance as the key individuals suspects. Later, trial into the case left many speechless after it was made known that there are dozens of regions allegedly involved. On April 1, 2020, the public prosecutors of the KPK read their demands for the latest defendant in the case, one Sukiman, the PAN politician. 

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COVID-19 Outbreak: Assimilation and Integration of Prisoners

On March 30, 2020, Minister of Law and Human Rights Yasonna H Laoly (PDIP) signed a Ministerial Decree, which considers the release of prisoners with certain conditions to prevent the spread and transmission of Coronavirus Disease 2019 (COVID-19) inside the detention center. Several human rights activists have long voiced this prevention, so the Ministerial Decree was warmly welcomed. But the public responded bitterly. The public response gets even worse when on April 1, 2020, the Minister was known to have tried to ask the President’s blessing to revise Government Regulation No. 99/2012 so that prisoners in extraordinary crimes cases, including corruption, can also be released. 

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On Corruption in Papua: The End?

In the first week of February 2017, the Corruption Eradication Commission (KPK) named the Head of Papua’s Department of Public Works Mikael Kambuaya, a suspect of corruption in the construction of Kemiri-Depapre road project. On March 22, 2017, the KPK named a new suspect in the case. The investigation received a harsh reaction from the Governor of Papua Lukas Enembe. A group of people even held a rally to reject the KPK. We waited for over two years before the trial started near the end of 2019. Finally, on March 30, 2020, the suspects are found guilty.

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COVID-19 Outbreak: Public Health Emergencies and Large-Scale Social Restrictions

The Government chose not to apply the Civil Emergency status as many thought it would. Instead, on March 31, 2020, the Government issued two regulations that determined COVID-19 as a type of disease with risk factors causing public health emergencies. Therefore, the Government established a public health emergency status through Presidential Decree (Keppres) No. 11/2020. The Government also mandates large-scale social restrictions be imposed through Government Regulation (PP) No. 21/2020.

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COVID-19 Outbreak: State Financial Policy and Financial System Stability

After working under pressure for some time, finally on March 31, 2020 President Joko “Jokowi” Widodo issued a Government Regulation in Lieu of a Law (Perppu) containing the policy of increasing expenditures and financing in the 2020 State Budget (APBN). The additional allocation is given in the context of facing the COVID-19 pandemic, which is considered a threat to financial system stability. The Perppu has several incentives and stimuli meant for many parties, including low-income households. Though some consider the Government late in the game, it has managed to issue implementing regulations in a short amount of time.

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COVID-19: Civil Emergency?

The Government finally decided to implement social restrictions on a large scale accompanied by strict sanctions for violators. This decision was taken to suppress the increasing and massive spread of COVID-19. In a Limited...

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COVID-19: Tax Incentives

On March 23, 2020, the Government through the Ministry of Finance issued the Regulation of the Minister of Finance (PMK) No. 23/PMK.03/2020 which regulates tax incentives for taxpayers affected by the Coronavirus outbreak. In...

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Latest on the Bakamla Graft Case

Nearly four years ago, the Corruption Eradication Commission (KPK) uncovered a scheme of corruption in the Maritime Security Agency (Bakamla). Since then, the case had brought down seven convicts, but the investigation continues...

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