Emergency Law Research Articles

GOOD FAITH VERSUS BAD FAITH IN MITIGATING THE COVID-19 PANDEMIC IN INDONESIA

The COVID-19 pandemic has caused a real economic crisis across the globe, including Indonesia. To overcome this critical issue, the Indonesian President issued Government Regulation in Lieu of Law No. 1 of 2020 which was later stipulated as Law No. 2 of 2020 (the 2020 COVID-19 Emergency Law). This study applies a doctrinal legal research method. The result of the study shows that Article 17 of the 2020 COVID-19 Emergency Law grants the government officials the right of immunity to not be sued legally as long as their actions are in accordance with the good faith principle. Unfortunately, this law does not explain the meaning of good faith, so that it can become a grey area for the abuse of power. It is recommended that the government officials should be mindful in exercising their extraordinary powers based on the principle of good faith such as honesty, loyalty, trust, honour, a lack of fraudulent actions and conflict of interests, and adherence to the applicable laws to avoid an abuse of power and corruption in Indonesia.

Raising security of first responders with C-ITS?

Abstract This article recommends social science research-based recommendations for improving first responder safety and occupational health by assessing cooperative intelligent transport systems (C-ITS) for use by emergency services and law enforcement. This involves vehicles using digital technologies to inform each other or via objects such as roadworks signs about traffic situations and dangerous circumstances. The application of information and communication technologies to the road transport sector and its interfaces with other modes of transport shall make a significant contribution to improving environmental performance, efficiency, including energy efficiency, safety, and security of road transport. This article investigates which social science aspects must be considered when implementing C-ITS, so that emergency vehicles such as ambulances can be given automated priority. Since emergency vehicles can communicate with traffic signal systems or other vehicles, safety requirements play a particularly important role. This leads to the question of which challenges subjective safety and technology perceptions regarding first responders are essential for the introduction of C-ITS for first responder organizations and which factors can lead to rejection.

Actual issues of responsibility of civil servants under special legal regimes: International legal experience

The issue of reforming and modernizing the civil service is relevant in developed European countries, including Ukraine. The basis of this process is the democratization of the public service, aimed at satisfying the interests of the citizen as a client and consumer of public services, and therefore not the last role in this belongs to the issue of legal regulation of the responsibility of public servants. In the conditions of military and state of emergency regimes, it is important to ensure the proper service of provision of public services and the functioning of the state mechanism. In this context, an important role is played by the institution of the responsibility of civil servants. Therefore, we consider it necessary to analyze the international legal experience of prosecution in the conditions of special legal regimes. The purpose of the work is to find out the relevant issues of international experience in regulating the responsibility of civil servants. Research methodology includes such methods as the method of abstraction, the method of analysis, the method of induction and induction, the methods of formalization and idealization, the comparative method, the system method, and the functional method. As a result of the study, the peculiarities of regulatory regulation of the mechanisms of bringing civil servants to responsibility, both in Ukraine and in foreign countries, were analyzed. Both the general principles of prosecution and the specific principles of this process under special legal regimes (martial law and state of emergency) are noted.

Emergence of cosmic space with Barrow entropy, in non-equilibrium thermodynamic conditions

Recently, Barrow proposed a modified area–entropy relation S=(A/A0)1+Δ/2, where the exponent Δ, ranges 0≤Δ≤1, by taking account of the quantum gravitational deformation effects to the black hole’s surface. In recent literature, this horizon entropy has been adopted to the cosmological context. Following this, we obtained the law of emergence, which describes the dynamics of the universe, with Barrow entropy in the context of equilibrium thermodynamics (unified first law and Clausius relation). However, when considering Barrow entropy (a non-Bekenstein entropy), an additional entropy generation arises owing to the non-equilibrium thermodynamics. The corresponding field equation bears an effective coupling strength, which connects the geometry with an effective energy–momentum tensor. We derived the law of emergence by using the non-equilibrium description of the thermodynamic principle, which accounts for the addition entropy production term. We compared it with that of the equilibrium description. In addition, we checked the consistency of the modified law in the context of entropy maximization. Interestingly, we found that the non-equilibrium entropy generation rate decreases gradually, and the universe evolves to an equilibrium state of maximum entropy corresponding to the de Sitter epoch.

Content Analysis of Chinese National Laws and Regulations on Emergencies from the Perspective of Disaster Nursing on the Basis of Crisis Life Cycle Theory

To analyze Chinese national laws and regulations on emergencies from the perspective of nursing and on the basis of the crisis life cycle theory, to discuss the weaknesses in laws and regulations concerning emergencies, and to provide evidence for the definition of the scope of disaster nursing practice in China. We selected emergency laws and regulations promulgated by the National People's Congress and its Standing Committee and the State Council as the subject matter of the study, constructing the analysis framework on the basis of the core competence of disaster nursing and crisis life cycle theory. Then, the 16 laws and regulations included in the study were analyzed with NVivo 12 software by the content analysis method. A total of 6 laws and regulations concerning earthquakes, 3 concerning infectious diseases, 2 concerning fire, 2 concerning food poisoning, 2 concerning emergencies, and 1 concerning flood were selected. A total of 24 food poisoning-related codes, 23 infectious disease codes, 22 emergency event codes, 22 earthquake codes, 21 fire codes, and 16 flood codes were obtained. In the key links of emergency preparedness, early prevention had the highest number of reference points, whereas collaborative response had the lowest number of reference points. In the key processes of emergency preparedness, aftermath management had the highest number of reference points, whereas social services and continuous operation had the lowest numbers of reference points. Laws and regulations concerning emergencies are generally formulated on the basis of certain historical experience, with collaborative response, social services, and continuous operation being the weak links and processes. In the process of disaster nursing practice, we should effectively make up for the weaknesses in laws and regulations concerning emergencies by utilizing the positive aspects and the essence of the discipline.

Analisis Yuridis dan Pandangan Hukum Pidana Islam Anak yang Membawa Senjata Tajam untuk Aksi Tawuran:

Sharp weapons are very useful and necessary in terms of arming oneself or defending or defending oneself from things that threaten the soul, but if misused or used is not in accordance with applicable laws and regulations, this research using normative legal research does not recognize field research ( field research) because what is being studied is legal materials so that it can be said to be library based, focusing on reading and analysis of the primary and secondary material. This research will then draw a conclusion regarding Juridical Analysis and Islamic Criminal Law Views of Children Carrying Sharp Weapons for Fighting Actions on a decision study (Number 70/Pid.Sus-Children/2022/PN Mdn). In Indonesia, the use of sharp weapons without rights and without permission is strictly prohibited because it can injure other people, therefore the State of Indonesia makes rules that prohibit its people fortunately not to carry or use sharp weapons carelessly which is contained in the Emergency Law of the Republic of Indonesia number 12 of 1951 Article 2 paragraphs 1 and 2. According to Islamic law there is no normative argument regarding criminal sanctions, especially in the form of imprisonment, because criminal sanctions against children in Islam are ta'dib (education) which are handed over to the waliyul amri (leader)
 Keywords: Children, sharp weapons, crime

Recentralization of Regional Authority: Legal Implications of the Enactment of Emergency Law Number 2 of 2022 on Job Creation in Regional Autonomy

Recentralization of Regional Authority: Legal Implications of the Enactment of Emergency Law Number 2 of 2022 on Job Creation in Regional Autonomy

Soviet criminal-executing system as a tool of totalitarianism

Purpose. The purpose of the study is to reveal the legal foundations of the formation of the Soviet criminal-executive system and its qualification as a tool of totalitarianism. Methods. The article uses a set of principles and methods of scientific knowledge, in particular the principles of objectivity and historicism, as well as methods of analysis and synthesis, generalization, legal, formal-legal, system-historical, retrospective analysis, dialectical, phenomenological, hermeneutic and systemic. A theoretical analysis of the concepts of «totalitarianism» and «criminal-executive system» was carried out, approaches to understanding their content among Ukrainian and foreign scientists were considered. Results. The author's understanding of the concept of the criminal-executive system was formed as a set of authorities that were responsible for the execution of criminal punishments and probation and implemented not only an educational and correctional function, but they were a tool of the political regime in the fight against internal opposition. The Soviet criminal-executive system was directly involved in the implementation of the so-called «great terror», and until the 1960s it had a distinct correctional and labor character. Confirmation of the totalitarian character of the criminal-executive system of the Soviet era are the very norms of law that regulated its formation and development. Thus, the ideologues of Bolshevism immediately pointed out the punitive nature of criminal legislation. In the 1930s, in the context of the adoption of emergency legislation and, in particular, the adoption of a number of amendments to the Criminal and Criminal Procedure Codes, the Correctional Labor Code of 1925 lost legal force, and correctional legislation was regulated by the norms of emergency law. The system of execution of punishments was finally regulated only with the adoption of the Correctional and Labor Code of the Ukrainian SSR in 1970. The latter approved a harsh, inhumane system, which focused its attention on the complete exploitation of persons serving sentences. A conclusion has been made about the perspective of studying the Soviet criminal-executive system, in particular in terms of fixing numerous crimes against persons who were serving sentences, rehabilitation of victims of totalitarianism, as well as improvement of the current legislation of Ukraine. Originality. The regularities of the formation and evolution of the criminal-executive system of the Ukrainian SSR have been established, and the signs that allow it to be qualified as totalitarian have been determined. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.

Requisition as a ground for termination of property rights under conditions of martial law

The article is devoted to the study of the peculiarities of requisition under conditions of martial law. It is emphasized that despite the principle of inviolability of property rights, the possibility of forced alienation of property rights is enshrined at the legislative level.
 It was established that in order to determine the legality of interference with the right of private property through requisition, it is necessary to take into account the criteria of the three-fold test: the legality of the interference, public necessity and proportionality.
 The position of scientists who claim that the basis of requisition under martial law is the legal structure is supported. On the basis of the analysis of the legislative provisions, the main features inherent in requisitions are identified: is aimed at satisfying public interests; is carried out under the condition of occurrence or probability of occurrence of extraordinary circumstances; is conducted administratively, not judicially; a special entity authorized to make a decision on forced alienation; is the basis for the emergence of the right of state ownership and the termination of the right of private ownership; has a compensatory nature (preliminary or subsequent reimbursement of the cost); after the cessation of extraordinary circumstances, the former owner has the right to demand the return of requisitioned property, if it is preserved.
 It is emphasized that the requisition must be accompanied by clear documentation: to confirm the fact of forced alienation of property, an act is drawn up, an integral appendix to which is a document containing a conclusion on the value of the property. It was established that the moment of termination of the ownership right of the owner and its occurrence in the state is connected with the date of signing the act of forced alienation of property.
 It has been established that the object of requisition can be both individually determined property and property endowed with ancestral characteristics. Therefore, it is proposed to unify the provisions of the Law of Ukraine "On Transfer, Expropriation or Seizure of Property under the Legal Order of Martial Law or State of Emergency" with the provisions of the Civil Code of Ukraine. It is emphasized that despite the absence of a direct instruction in the Land Code of Ukraine, requisition is one of the reasons for the forced termination of ownership of land plots. It was concluded that requisition is the basis for terminating not only ownership rights, but also real rights to someone else's property.
 It was determined that the owner can challenge the assessment of requisitioned property by filing a claim for reimbursement of its value. The specifics of the return of property that was forcibly alienated against the will of the owner are disclosed.
 It was established that the dispute about the appeal of acts of forced alienation is a matter of private law, since there is an encroachment on a person's property right.

Legal basis of restriction of constitutional human rights and freedoms in Ukraine

This article examines the issue of legal regulation of the restriction of constitutional rights and freedoms of citizens in Ukraine in various political and legal situations. A short excursion into the theory of judgment (discretion) is made, as well as into the theory of discretionary powers of public officials, various definitions of this term are given. Types of discretion are revealed, attention is focused on the need to observe the principles of objectivity and impartiality, equality before the law. It is noted that unfair discrimination is prohibited, and that a proper balance must be ensured, that is, proportionality between the purpose of the decision and its negative consequences for the rights, freedoms or interests of individuals. It is pointed out that the discretion is not arbitrary, it must always be exercised in accordance 
 with the law, must be accompanied by protective measures, including ongoing judicial control, which is emphasized by the Council of Europe. When exercising discretion, the process of observing its main principles, which regulate administrative acts in general and are specified in the relevant acts of the Council of Europe, becomes important. Examples are given when the application of the idea of discretionary powers of state authorities leads to the fact that in some situations it is not possible to actually protect one's rights even through court. In Ukrainian realities, discretionary powers began to be interpreted as any powers when a state authority makes one or another decision. In turn, Ukrainian courts, when considering disputes, sometimes prefer not to violate the powers of state authorities interpreted in this way. It is noted that the procedures for limiting the constitutional rights and freedoms of a person and a citizen have certain features in the exercise of discretion, that is, they are determined by the court or the law, which is provided for in Art. 34, 35, 36, 37, 39, 41, 42, 44, 47, 54 of the Constitution of Ukraine. The constitutional clause regarding the limitation of constitutional rights and freedoms in the conditions of martial law or state of emergency is disclosed.

Emergent area laws from entangled matrices

We consider a wavefunction of large N matrices supported close to an emergent classical fuzzy sphere geometry. The SU(N) Gauss law of the theory enforces correlations between the matrix degrees of freedom associated to a geometric subregion and their complement. We call this ‘Gauss law entanglement’. We show that the subregion degrees of freedom transform under a single dominant, low rank representation of SU(N). The corresponding Gauss law entanglement entropy is given by the logarithm of the dimension of this dominant representation. It is found that, after coarse-graining in momentum space, the SU(N) Gauss law entanglement entropy is proportional to the geometric area bounding the subregion. The constant of proportionality goes like the inverse of an emergent Maxwell coupling constant, reminiscent of gravitational entropy.

URGENCY OF EMERGENCY CONSTITUTIONAL LEGAL PERSPECTIVE IN LEGAL SYSTEM PRACTICE IN INDONESIA

Danger or nood can occur anytime and anywhere, in this case, it can only occur in a certain area or it can even occur as a whole in the territory of a country.The purpose of this research is to give an idea that emergency constitutional law provides reasons or the basis for granting the state a right to take action in overcoming or dealing with dangerous situations.This qualitative research used a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that it is necessary to stipulate an emergency law that regulates matters of governance that due to urgent circumstances need to be regulated immediately.

Emergent statistical laws in single-cell transcriptomic data.

Large-scale data on single-cell gene expression have the potential to unravel the specific transcriptional programs of different cell types. The structure of these expression datasets suggests a similarity with several other complex systems that can be analogously described through the statistics of their basic building blocks. Transcriptomes of single cells are collections of messenger RNA abundances transcribed from a common set of genes just as books are different collections of words from a shared vocabulary, genomes of different species are specific compositions of genes belonging to evolutionary families, and ecological niches can be described by their species abundances. Following this analogy, we identify several emergent statistical laws in single-cell transcriptomic data closely similar to regularities found in linguistics, ecology, or genomics. A simple mathematical framework can be used to analyze the relations between different laws and the possible mechanisms behind their ubiquity. Importantly, treatable statistical models can be useful tools in transcriptomics to disentangle the actual biological variability from general statistical effects present in most component systems and from the consequences of the sampling process inherent to the experimental technique.

The Enforcement of Emergency Law Number 7 of 1955 Concerning Investigation, Prosecution, and Justice of Economic Crime, in Supporting the Governance Policy of Subsidized Fertilizer

<span lang="EN">Since globalization, law, especially in the realm of criminal law, has undergone many changes, and many developments have even evolved into new forms. The development of crime has implications for the rapid evolution of rules regarding criminal acts. Indonesia is familiar with arrangements regarding economic crimes since the existence of Emergency Law Number 7 of 1955 concerning the investigation, prosecution, and justice of economic crime. This law is the forerunner to the rules of economic criminal law in Indonesia which is an adaptation of </span><em><span lang="EN">Wei op de Economische Delichten </span></em><em><span lang="EN">1950</span></em><span lang="EN"> from the Dutch, but has been adapted to the conditions in Indonesia<em>. </em>Economic Crimes are criminal acts or crimes or offenses in the economic field that can harm the state. Indonesia is known as an agrarian country where most of the population depends on the agricultural sector, which is why subsidized fertilizer management is an important matter for attention because the availability of fertilizer is one of the determinants of the sustainability of food production in Indonesia. Subsidized fertilizer from the government has the aim of helping farmers to obtain fertilizer at low prices, the distribution of subsidized fertilizer is monitored by the government so that it is right on target for recipients. However, in reality, there have been irregularities in the management of subsidized fertilizers, one of which was in a case that was decided based on Criminal Decision Number 87/Pid.B/2014/PN.Kds. Emergency Law No. 7 of 1955 is a law that has specificity because it regulates criminal acts in the economic sphere that are not regulated in the Criminal Code (KUHP). This research is to show how the enforcement of Emergency Law Number 7 of 1955 which is in line with the subsidized fertilizer management policy encouraged the progress of the Indonesian economy.</span>

REORIENTATION OF THE ULTIMUM REMEDIUM PRINCIPLE IN HANDLING ECONOMIC CRIME REGARDING PROTECTIVE EQUIPMENT AND COVID-19 MEDICATIONS

Applying the ultimum remedium principle to economic crimes needs to be studied from a regulatory perspective concerning the situation during the Covid-19 pandemic. The normative juridical research method combines a statutory approach with a conceptual approach. Both approaches provide a comprehensive understanding of the ultimum remedium principle in legislation and a contextual understanding of economic crimes during the Covid-19 pandemic. The results show that Emergency Law 7/1955 applies the primum remedium principle with a double-track punishment system, while Trade Law applies the ultimum remedium principle. Handling economic crimes related to providing personal protective equipment and/or medications to prevent and recover from Covid-19 infections can be considered essential goods and important commodities are given the situation and conditions during the Covid-19 pandemic in Law Number 7 2014. Applying Trade Law meets the ultimum remedium principle but does not prioritize the recovery of economic losses suffered.

A Realistic Approach Towards Attaining Sustainable Environment Through Improved Public Participation in Nigeria

Purpose: The aim of this study is to examine the critical need for effective public participation in Nigeria as a means of enhancing sustainable development and cooperation among Indigenous peoples, as well as to advocate for the removal of legislative, judicial, and administrative barriers to participation in environmental law governance. Theoretical Framework: The existing literature has failed to address the gamut of legal, regulatory, and declarations (particularly Principle 10 of Rio 1992) and administrative frameworks for environmental protection and governance in Nigeria. These appeared to be a farce, hence the refusal to integrate the public and stakeholders’ opinions in environmental management that may conflict with official government policy. Design/Methodology/Approach: The doctrinal method of analysis was adopted. It was based on current materials and drew on contrasting views of learned authors and scholars, as well as various legislative sources. Data was obtained using texts, articles, journals, case law, electronic sources, legislation, and other policy documents. Findings: The results shows how the present legal and regulatory framework for the protection of the environment in Nigeria contradicts the concept of improved public participation. Research, Practical & Social implications: The study suggest the development of an effective legislative framework that incorporates the guiding principles of global public participation initiatives for environmental sustainability. Originality/Value: The value of the study reveals the global significance and the potential of public participation to improve the sustainability of the environment in Nigeria are essential to advancing the status of Principle 10 of the Rio Declaration as an emergent customary international law.

Unified formalism for the law of emergence from the first law of thermodynamics

We derive a unified expansion law for our Universe from the first law of thermodynamics on the apparent horizon, where entropic evolution depicts the emergence of cosmic space. The derivation advances a general form for degrees of freedom on the surface and bulk, which provides a natural generalization for the expansion law proposed by Padmanabhan. The general expression for the surface degrees of freedom differs from the natural expectation, ${N}_{\mathrm{sur}}=4S$ in the emergent gravity paradigm for general theories of gravity. The derivation also provides justification for the selection of Gibbons-Hawking temperature in the original expansion law and for the use of areal volume in the nonflat Friedmann-Robertson-Walker universe. Since the unified expansion law exclusively depends on the form of entropy, the method is applicable to obtain the expansion law in any gravity theory without any additional ad hoc assumptions. From the general expansion law, we have obtained the expansion law corresponding to different theories of gravity like ($n+1$) Einstein, Gauss-Bonnet, Lovelock, and Ho\ifmmode \check{r}\else \v{r}\fi{}ava-Lifshitz. We also obtained the expansion law for nonextensive entropy like Tsallis entropy from the unified expansion law.

Nonmedical Exemptions to Public School Vaccination Mandates in the Post-Pandemic World: Solutions Within Existing State Frameworks

The article examines issues relating to nonmedical exemptions to vaccination as a condition of public-school attendance. The article contends that the public health impacts of exemptions may be mitigated through the application of existing state frameworks relating to procedural tightening, counseling and persuasion, assessments of sincerity and good faith, the application of public emergency laws, and transparency. The article identifies best practices in each of these frameworks. The article concludes that nonmedical exemptions are unlikely to be eliminated.As such, public health and educational authorities must act to prevent further erosion of the benefits associated with vaccination.

Trends in US State Public Health Emergency Laws, 2021-2022.

Objectives. To identify and categorize US state legislation introduced between January 1, 2021, and May 20, 2022, that addresses emergency health authority. Methods. We adapted standard policy surveillance methods to collect and code state bills and enacted laws limiting or expanding the emergency public health authority of state and local officials and agencies. Results. State legislators introduced 1531 bills addressing public health authority; 191 of those were enacted in 43 states and the District of Columbia, including 17 expanding and 65 contracting emergency authority, 163 regulating use, and 30 preempting local use of specific measures such as mask mandates. Conclusions. State laws setting the scope and limits of emergency authority are crucial to effective public health response. These laws are changing in ways that threaten to reduce response capacity. Tracking changes in health law infrastructure is important for evaluating changes in health authority and ensuring that stakeholders recognize these changes. Public Health Implications. The COVID-19 pandemic called for quick, decisive action to limit infections, and when the next outbreak hits, new laws limiting health authority will make such action even more difficult. (Am J Public Health. 2023;113(3):288-296. https://doi.org/10.2105/10.2105/AJPH.2022.307214).

The Credit Suisse CoCo wipeout: Facts, misperceptions, and lessons for financial regulation

The Credit Suisse CoCo wipeout: Facts, misperceptions, and lessons for financial regulation