lDISCRETION BY THE INDONESIAN GOVERNMENT IN THE COVID-19 PANDEMIC ERA Rismayanti (a), Muhammad Zulfan Hakim (b), Andi Pangeran Moenta (c)
(a) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia
(b) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia
(c) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia
Abstract
The pandemi Covid-19 has spread trough the world with a staggering speed. It makes all the government in the world have to take an immediate action to overcome the effect. Not every country in the world are ready for it. Indonesia as one of the most counted victim also need a special act from the government to control the situation. Health management, economy management, security, and many other aspect. Discretion as a legal tool for a government to face any emergency situation has become very impoirtant nowdays. It is undebatable, when the government need to take an immediate act but stuck on a legal boundary, discretion will be a save passage to deviate from the law to save the people.
This is a normative legal research with statutory approach, in order to determine wheter the government discretion was taken according to the law, and has it fulfill the legal boundary on the use of discretion.
After the Perppu No. 1 / 2020, and presidential decree 7/2020, Indonesian government had moved faster to overcome the pandemi, even though it has altered the state budget, all are withing the legal boundary of a discretion.
