scholarly journals THE INFLUENCES AND RISKS OF BEING IMPACTED BY COVID-19 AS AN EXCUSE FOR OVERMACHT OR FORCE MAJEURE TO POSTPONE THE OBLIGATION TO REPAY DEBT

2020 ◽  
Vol 4 (1) ◽  
pp. 289
Author(s):  
Septarina Budiwati
Keyword(s):  
Large Scale ◽  
Economic Condition ◽  
Economic Impacts ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
The Postponement

The government has issued some policies in response to the Covid-19 pandemic. Some policies include working and studying from home, social and physical distancing, stayat home, and large-scale social limitation. These policies bring economic impacts to thesociety. The statement of the Republic of Indonesia’s President, Joko Widodo (Jokowi)which gives credit relaxation to the society whose economic condition is impacted bythe new coronavirus or Covid-19 is publicly questioned. The method used in thisresearch is the juridical-normative method. Results of this research explains that thegovernment has given a policy regarding the risks and the influences of being impactedby Covid-19 as an excuse for a forced condition/overmacht for the postponement of theobligation to repay debt. The regulations on overmacht or force majeure is contained inArticle 1244 and Article 1245 of BW. The debtors who are impacted by the Covid-19are not in default, but they are in the condition of relative overmacht or force majeure.Practically, it is a temporary overmacht. It can become the reason for the implication ofagreement, which is postponed from the determined period. 

scholarly journals OVERMACHT: ANALISIS YURIDIS PENUNDAAN PELAKSANAAN PRESTASI AKIBAT PANDEMI COVID-19

2020 ◽  
Vol 7 (1) ◽  
pp. 49
Author(s):  
Tauratiya Tauratiya
Keyword(s):  
Large Scale ◽  
The State ◽  
School Work ◽  
Work From Home ◽  
Library Research ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
Business Entities ◽  
National Disaster

On March 14, 2020, the government of the Republic of Indonesia announced the Covid-19 pandemic as a National Disaster. The whole community was asked to stay at home or work from home. This situation caused the daily activities of the community and government from school, work, trade, and others to become ineffective and delayed. This also affects all national and global corporate activities. Many business entities are disrupted due to the Large-Scale Social Limitation policy, so the company or a person cannot keep their promises as made in the previous agreement. This study examines whether Pandemic Covid-19 can be used as a reason for a person or a company to postpone the performance of achievements because it is considered as an overmacht, and how the legal force. This is a qualitative-library research using a juridical-normative approach. The results showed that overmacht is equated with the term force majeure meaning the state of force, in this case the debtor cannot be held accountable, because the situation occurs outside his control and not because of an element of negligence. The state of overmacht is regulated in the provisions of Article 1244 and Article 1245 of the Civil Code. The Covid-19 pandemic is considered as a forced condition, including the overmacht category, so that it can be used as an excuse for debtors to postpone or not carry out performance according to the agreement, provided that the debtor is able to provide reasons that the failure to fulfill the agreement is not because of them, but because something cannot be predictable, and inevitable.

THE IMPACT OF THE DEVELOPMENT OF PROPERTY RELATIONS ON THE INSTITUTIONS OF ENTREPRENEURSHIP IN THE REPUBLIC OF AZERBAIJAN

2017 ◽  
Author(s):  
Vugar Nazarov ◽  
◽  
Jamal Hajiyev ◽  
Vasif Ahadov ◽  
◽  
...  
Keyword(s):  
Social Development ◽  
Large Scale ◽  
Private Property ◽  
Scale Transformation ◽  
Economic Relations ◽  
Property Relations ◽  
Property System ◽  
The Republic ◽  
The Government ◽  
The Impact

Local and foreign scientists are now paying growing attention to various issues of property and the philosophical and ethical, political, economic, institutional, social, psychological, and other aspects of its formation, taking into account the requirements of large-scale transformation, which primarily concern post-industrial areas of social development. In consequence, as modern studies rightfully point out, considering property relations, two general restrictions should be taken into account: this is an attempt to explain the absoluteness of their roles, the presence and content of all aspects of socio-economic relations by property relations; and the denial of the role of property as one of the most important factors determining the direction of social development in the present and future.This situation forces a new look at the economic policy of the state in this area, because any financial and monetary measures taken by the government will be doomed to failure if their implementation will be without interaction with the mechanisms of the private property system. The article defines the entrepreneurial sector of the region, its interaction with the institutions of the market system operating in all sectors and spheres of the region's economy, and also shows the influence of the development of property relations on the institutions of entrepreneurship.

Keabsahan Hukum Pernikahan Tanpa Adanya Walimatul Ursy di Masa Kahar Pandemi Covid-19

2020 ◽  
Vol 3 (2) ◽  
pp. 194-205
Author(s):  
Yapiter Marpi
Keyword(s):  
Large Scale ◽  
Religious Activities ◽  
Marriage Law ◽  
Marriage Ceremony ◽  
Force Majeure ◽  
The Government

  ABSTRACT                 This study aims to find out and discuss about the perspective of marriage reception is a food banquet in order to experience the same happiness as other receptions, it's just that he is sunnah and more important. One of the wisdoms of wedding receptions is to inform or advertise and publicize weddings. Regardless fuqaha disputes related opinions that are responsible for financing, whether charged to the bridegroom or the bride's bride's family. The government through the Ministry of Religion has issued a Circular Minister of Religion Number SE. 15 of 2020 concerning Guidelines for Organizing Religious Activities in Worship Houses in Realizing COVID Productive and Safe Communities in the Pandemic Period. Is a large-scale pembatasa for all activities including the wedding reception procession that can no longer be held in the crowded public. The reality has happened to people who want to have marriages are restricted and can no longer gather more than 5 people or more. Covid-19's time was not an obstacle to connecting friendship between the bride and groom's wedding which was held in a special way Walimatul Ursy during the Covid-19 pandemic. The problem highlighted in the community whether it would be legal if it was not published publicly as usual normally if the marriage ceremony had been held without a reception or Walimatul Ursy. Keywords; Marriage law, Walimatul Ursy, period of force majeure.

Responses in the west of Ireland to civil rights protest in Northern Ireland, 1968–72

2017 ◽  
Vol 41 (159) ◽  
pp. 58-76 ◽  
Author(s):  
Gerard Madden
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Rural Areas ◽  
Large Scale ◽  
The West ◽  
Protest Movements ◽  
The Republic ◽  
The Government ◽  
West Of Ireland

Abstract1968 has become synonymous with the large-scale global protests of that year. International scholarship has increasingly sought to examine instances of these protests in global peripheries, and amongst the most studied examples is Northern Ireland. The growth of civil rights protest in Northern Ireland in the late 1960s, which emerged from long-standing feelings of exclusion amongst the Catholic minority of the predominantly Protestant polity, was influenced by a broader international discourse of protest associated with the long 1968, notably the African-American civil rights movement. Simultaneously, in the west of Ireland, a number of protest groups also emerged in the late 1960s, frustrated at their communities’ perceived neglect by the government of the Republic of Ireland. This article will examine the emergence of these protest movements, discussing groups in the Galway Gaeltacht and other peripheral rural areas of Connacht, student activists in University College Galway, and campaigns challenging racism against the Travelling community. It will argue that they were influenced by the global protests associated with the long 1968, most notably by events across the border. For the purpose of the article, the ‘west of Ireland’ refers to the five Connacht counties of Galway, Roscommon, Mayo, Sligo and Leitrim.

scholarly journals IMPACT ON EMPLOYEES DURING PANDEMIC BASE ON LABOR SYSTEM PERSPECTIVE

1970 ◽  
Vol 21 (2) ◽  
pp. 175-186
Author(s):  
Suci Flambonita ◽  
Wahyu Ernaningsih ◽  
Vera Novianti
Keyword(s):  
Logical Consequence ◽  
Legal Protection ◽  
Conceptual Approach ◽  
System Perspective ◽  
Human Rights Protection ◽  
Basic Rights ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
Labor System

The fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation's life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State's obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally. Keywords: Impact, Employees, Pandemic

scholarly journals ANALISIS YURIDIS TERHADAP KEBIJAKAN PEMERINTAH MENGENAI PENANGANAN PANDEMI VIRUS CORONA DISEASE 2019 (COVID-19) DI INDONESIA

2021 ◽  
Vol 6 (2) ◽  
pp. 46-58
Author(s):  
Anwar Hidayat ◽  
Budiman
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Social Impact ◽  
Virus Disease ◽  
Legal Research ◽  
Conceptual Approach ◽  
Corona Virus ◽  
The Republic ◽  
The Government ◽  
The Impact

Perkembangan pandemi Covid-19 saat ini sangat mengkhawatirkan dimana terjadinya suatupeningkatan kasus corona khusus di Indonesia. Penelitian ini bertujuan untuk mengetahuidan menganalisis kebijakan yang diambil pemerintah dalam penanganan pandemi Covid-19serta langkah-langkah yang diambil pemerintah untuk menganggulangi dampak-dampak, terutama dampak dari segi ekonomi dan sosial akibat pandemi Covid-19. Metode penelitianhukum yang digunakan yakni metode penelitian hukum normatif. Adapun pendekatan yangdigunakan dalam penelitian ini adalah pendekatan perundang-undangan dan pendekatankonseptual. Penelitian ini berlandaskan pengaturan perundang-undangan yang mengaturmengenai penanganan dan penganggulangan pandemi Covid-19 serta analisis atas konseppenetapan peraturan perundang-undangan tersebut. Hasil dari penelitian ini adalah dalamrangka penanganan Covid-19, berawal dari pemerintah tmengeluarkan kebijakan tentangPembatasan Sosial Berskala Besar yang merujuk pada Undang-Undang Nomor 6 Tahun2018 tentang Kekarantinaan Kesehatan. Peraturan pelaksanaannya yaitu PeraturanPemerintah Nomor 21 Tahun 2020 tentang Pembatasan Sosial Berskala Besar, sertaKeputusan Presiden tentang Kedaruratan Kesehatan sampai dengan saat ini pemerintah telahmengeluarkan kebijakan PPKM yang dimana dilakukan secara berkala. Untukmenganggulangi dampak Covid-19 dari segi ekonomi dan sosial pemerintah mengambilbeberapa kebijakan-kebijakan, yang diantaranya adalah: Peraturan Menteri KeuanganRepublik Indonesia Nomor 23/Pmk.03/2020 tentang Insentif Pajak Untuk WajibPajakTerdampak Wabah Virus Corona; Peraturan Otoritas Jasa Keuangan Republik Indonesia Kata Kunci : Kebijakan, Penanganan, Covid-19 The current development of the Covid-19 pandemic is very worrying where there is anincrease in special corona cases in Indonesia. This study aims to identify and analyze thepolicies taken by the government in handling the Covid-19 pandemic and the steps taken bythe government to mitigate the impacts, especially the economic and social impacts of theCovid-19 pandemic. The legal research method used is the normative legal research method. The approach used in this research is a statutory approach and a conceptual approach. Thisresearch is based on the legislation governing the handling and handling of the Covid-19pandemic as well as an analysis of the concept of establishing these laws and regulations. The results of this study are in the context of handling Covid-19, starting with thegovernment issuing a policy on Large-Scale Social Restrictions which refers to Law Number6 of 2018 concerning Health Quarantine. The implementing regulations are GovernmentRegulation Number 21 of 2020 concerning Large-Scale Social Restrictions, as well as thePresidential Decree on Health Emergencies. Until now, the government has issued a PPKMpolicy which is carried out regularly. To address the economic and social impact of Covid- 19, the government has taken several policies, including: Regulation of the Minister ofFinance of the Republic of Indonesia Number 23/Pmk.03/2020 concerning Tax Incentives forTaxpayers Af ected by the Corona Virus Outbreak; Regulation of the Financial ServicesAuthority of the Republic of Indonesia Number 11 /Pojk.03/2020 concerning NationalEconomic Stimulus as a Countercyclical Policy for the Impact of the Spread of Corona VirusDisease2019; and Instruction of the President of the Republic of Indonesia Number 4 of2020 concerning Refocussing of Activities, Reallocation of Budgets, and Procurement ofGoods and Services in the Context of Accelerating Handling of Corona Virus Disease 2019(Covid-19). Keyword : Policy, Handling, Covid-19

scholarly journals PENGAWASAN OMBUDSMAN TERHADAP PENYELENGGARAAN PELAYANAN PUBLIK PADA MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19)

2021 ◽  
Vol 6 (1) ◽  
pp. 1-20
Author(s):  
Inggit Akim
Keyword(s):  
Large Scale ◽  
Public Services ◽  
Virus Disease ◽  
Conceptual Approach ◽  
Work From Home ◽  
Corona Virus ◽  
Social Restriction ◽  
The Republic ◽  
The Government

ABSTRACTSupervise the government as the provider of public services to carry out their duties and authorities under applicable regulations. Large-Scale Social Restrictions are restrictions on certain activities in an area suspected of being infected with Corona Virus Disease 2019 (COVID-19), which causes the quality of public services to be disrupted. The Ombudsman has the task of supervising the implementation of shared services organized by state or government officials and private or individual bodies assigned the task of providing services according to minimum service standards as a benchmark for service delivery and assessing the quality of services to the community. The research method used is normative juridical research with a conceptual approach (Statute Approach).The results of this study are large-scale social restriction policies through the Mayor of Tarakan Regulation Number 17 of 2020, restrictions on activities outside the house such as the implementation of learning at schools and/or other educational institutions, Work From Home (WFH), religious movements in houses of worship, activities in public places, social and cultural activities and Mandatory rapid tests for those using Sea and Air transportation modes, and providing social assistance to communities affected by COVID-19. Ombudsman's supervision of public services during the COVID-19 pandemic in Tarakan City, namely by conducting coordination and control and cooperation with state and private officials as well as community or individual organizations, opening an Online Complaint Post for COVID-19 Affected Persons. Also, conduct unannounced checks to improve public services in the City of Tarakan. Based on the supervision, the receipt of reports on suspicion of maladministration and the Ombudsman's investigation results are subject to examination. Suppose it is proven that it has committed maladministration in public services, the Ombudsman of the Republic of Indonesia can take corrective action and provide recommendations/suggestions to state administrators to improve the quality of public services. Keywords: Surveillance; Ombudsman; Public Service; COVID-19 Pandemic

scholarly journals Limits in Times of Crisis: on Limitations of Human Rights and Fundamental Freedoms in the Slovenian Constitutional Order

2020 ◽  
Vol 1 (2) ◽  
pp. 9-31
Author(s):  
Samo Bardutzky
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
State Of Emergency ◽  
Health Crisis ◽  
Freedom Of Movement ◽  
Constitutional Order ◽  
Personal Liberty ◽  
Fundamental Freedoms ◽  
The Republic ◽  
The Government

The purpose of this article is to discuss the issue of limitations of human rights and fundamental freedoms in the 1991 Constitution of the Republic of Slovenia. The discussion is set in the context of a large-scale health crisis, i. e. the SARS-CoV-2 (the virus) and COVID-19 (the disease) epidemic. The article first describes the position of human rights and fundamental freedoms in the Slovenian constitutional order, and discusses the possibilities to limit human rights and fundamental freedoms. In this section, the article introduces the concept of ‘limitations on limitations’ (similar to the German Schranken-Schranken) and presents the requirements of such limitations in Slovenian constitutional law. It then turns to the mechanism of temporary suspension and restriction of human rights and fundamental freedoms during a war or state of emergency as foreseen in Article 16 of the Constitution. In the third part, the article discusses the limitations of human rights and fundamental freedoms enacted brought forward by the government measures intended to tackle the epidemic, i.e. the concrete substatutory norms passed between March and October 2020. This article presents selected issues and affected human rights such as freedom of movement, personal liberty, right to health, and freedom of assembly. The final part of the article discusses the concept of ‘limitations on limitations’ that has demonstrated its relevance for the protection of a meaningful level of human rights in the period of the epidemiological crisis.

scholarly journals BENTUK KETERBUKAAN RAHASIA MEDIS DALAM SITUASI PANDEMI VIRUS COVID 19 DI INDONESIA

2021 ◽  
Vol 6 (1) ◽  
pp. 33-52
Author(s):  
Afdhal Afdhal ◽  
Irvansyah Irvansyah
Keyword(s):  
Social Interactions ◽  
Medical Records ◽  
Large Scale ◽  
Medical Condition ◽  
Open Data ◽  
Is Research ◽  
Patient Consent ◽  
The Republic ◽  
The Government ◽  
The Right

The right to confidentiality or privacy is something unique between a patient's relationship with a doctor because it is based on trust. This patient-doctor relationship is unique because the patient believes in the doctor's ability and the patient believes the doctor will keep the patient's secret. The influence of the covid 19 outbreak has made people nervous and afraid because the virus is very easy to spread and spreads globally. The community asks to open data related to the secrets of Covid 19 patients, both in the form of names, addresses, symptoms, diagnosis, and interactions that have been made. Patient data which is classified as a basic right to privacy is an important component in breaking the chain of the spread of Covid 19 because the government has implemented large-scale social restrictions in certain areas to maintain social interactions so that the community can avoid exposure to this virus. This needs to be studied in depth regarding the Forms of Disclosure of Medical Secrets in the PANDEMIC Covid 19 Situation in Indonesia.This type of research is normative juridical research or what is known as doctrinal research. Normative juridical research is research that looks at problems through the aims and objectives to be achieved using surgical tools in the form of statutory regulations and regulations in a formal hierarchy of regulations as well as theoretical studies of updated and modern literature.Covid 19 Patient Information is data stored in medical records that can be provided based on patient consent or the law. But in Article 57 paragraph (2) of Health Law, the right to confidentiality is excluded, one of which is for the benefit of society. The doctor's obligation to keep information related to the patient's medical condition is an obligation as described in the Republic of Indonesia Minister of Health Regulation Number 269 / MENKES / PER / III / 2008 concerning Medical Records but in the event of an outbreak or pandemic covid 19, the disclosure of secrets is carried out with the covid procedure, namely by evaluating the interaction of patients who have been in SWAB Positive and carry out self-isolation for COVID 19 patients without symptoms and medical isolation for patients with symptoms. Keyword: Information, Covid 19, Hukum, Privacy

scholarly journals Implementation of Large-Scale Social Restrictions Policy (PSBB) in Bogor District Government

2020 ◽  
Vol 4 (1) ◽  
pp. 70
Author(s):  
Retnowati WD Tuti ◽  
Ma'mun Murod ◽  
Tria Patrianti
Keyword(s):  
Local Governments ◽  
Large Scale ◽  
Central Government ◽  
Virus Disease ◽  
Regional Government ◽  
Literature Study ◽  
Corona Virus ◽  
District Government ◽  
The Republic ◽  
The Government

Large-scale Social Limitation (hereinafter referred to as PSBB) is one form of concern. The government and local governments are Pendemic throughout Indonesia and the world, namely Pandemic Corona Virus Disease (Covid-19). Bogor Regency, which is one of the buffer cities of the Republic of Indonesia, is an area that is quite vulnerable in spreading the Corona virus. Why? because many DKI Jakarta employees / laborers live in Bogor Regency, whose mobility is very high. With the birth of Regent Regulation No. 16 of 2020 concerning Implementation of Large- Scale Social Restrictions in Handling COVID-19 in order to conserve the use of Covid 19. The purpose of this study is to analyze the Implementation of Large Scale Social Limitation Policies in the Government of Bogor Regency. This research method uses Qualitative Methods with Literature Study research methods. (Huberman, Miles, 1994). The technique of inviting data is by searching Scientific Journals, Online Mass Media, Legislation and Books. The technique to determine Online Media by Pusposive, while for data analysis using Nvivo 12 Plus. Test the validity of the data by testing the data source. The results of the study show that the implementation of the Large-Scale Social Limitation Policy in the Bogor District Government has not yet proceeded, starting from the clash of authority between the Central Government and the Regional Government so that it cannot make improvements, and many more are in accordance with the provisions of Covid-19 and its distribution. Social assistance to the community.

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