Kebijakan Bailout Century: Diskresi Atau Kriminalisasi Kebijakan

Sitorus, Lily Evelina

doi:10.21143/jhp.vol46.no1.66

Cited by 2 publications

(4 citation statements)

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“…The different functions of the court relate to the distinction of the above types of discretion. Although one of the objectives of the state is a state of law, but the direction or the main goal is the welfare state (Sitorus, 2016). Therefore, executive officials who are more in contact with the implementation of the law cannot be limited to inaction, when there is a legal vacuum (wetvacuum) and there are regulations implementing the law that need to be interpreted (interpertate) (Sitorus, 2016).…”

Section: Introductionmentioning

confidence: 99%

“…Although one of the objectives of the state is a state of law, but the direction or the main goal is the welfare state (Sitorus, 2016). Therefore, executive officials who are more in contact with the implementation of the law cannot be limited to inaction, when there is a legal vacuum (wetvacuum) and there are regulations implementing the law that need to be interpreted (interpertate) (Sitorus, 2016). However, it should still be noted that even though it is an official discretionary act, it must be legally and morally accountable (Koch, 1985).…”

Section: Introductionmentioning

confidence: 99%

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The Criminalization of Functional Officer In Charge Of Document Examination In Criminal Corruption Courts

Setiadi¹

2021

Proceedings From the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

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Various phenomenon regarding criminal law system, especially in relation to law enforcement against corruption have led to lower public trust in law enforcement officers, particularly in providing legal certainty and justice against corruption cases that are very detrimental to the state. This normative juridical legal research was carried out to obtain data relevant to this problem. This research regarded primary, secondary and tertiary legal materials which were then analyzed using descriptive analysis. Two theories underlie this research including the theory of legal certainty and the theory of authority. The results showed that discretion done by State Administrative Officials is a State Administrative Law Act, if it is performed by a State Administrative Official in a certain case where none of the existing laws and regulations regulate the issue, or if the existing regulations are unclear that freedom of judgment from the State Administrative Official is required. In addition, the action can only be carried out in a compelling / urgent situation for the sake of the public interest as stipulated in a statutory regulation. Legal certainty and justice must be guaranteed for the state administration in carrying out this duty by designing legal instrument that regulates all processes of government administration. In order to run a dynamic governance, laws and regulations that regulate the government administration system including the decision-making process (Material State Administrative Law) need to be developed.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Criminalization of Functional Officer In Charge Of Document Examination In Criminal Corruption Courts

Setiadi¹

2021

Proceedings From the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

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show abstract

“…10/2 / GBI / DPNP / Secret on November, 20th, 2008. Sitorus tried to find a middle ground on the issue [2]. The standpoint of administrative law is used as an analysis in finding the right solution [2].…”

Section: Introductionmentioning

confidence: 99%

“…Sitorus tried to find a middle ground on the issue [2]. The standpoint of administrative law is used as an analysis in finding the right solution [2]. Furthermore, Bailout also is seen from the aspect of potential criminalization [3].…”

Section: Introductionmentioning

confidence: 99%

Bailout to Bail-in: An Effort to Overcome The Financial Crisis in Indonesia

Christiani¹,

Kastowo²

2019

Proceedings of the International Conference of Ethics on Business, Economics, and Social Science (ICEBESS 2018)

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Bailout is an alternative in handling the financial crisis. The fundamental purpose of bailout policy is for the public interest. This research purposed to find out why the bail-in mechanism replaced the bailout mechanism, an alternative to handling the financial system crisis in Indonesia. In this normative research, the secondary data were used. In order to analyze the data, qualitative data analysis technique was implemented. In conclusion, this research found out that bailout in Indonesia in the case of Bank Indonesia Liquidity Assistance (BLBI) and Century Bank showed bad impacts of bailout implementation mechanism. Based on Law on Prevention and Mitigation of Financial System Crises (UU PPKSK) and its implementing regulation, the systemic bank was now obliged to solve financial problems with its own effort in accordance with action plan they made. This mechanism is called the bail-in mechanism, replacing the bailout policy mechanism in handling the financial crisis in Indonesia.

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Kebijakan Bailout Century: Diskresi Atau Kriminalisasi Kebijakan

Abstract: Century bailout policy is the government's discretion. However, when

Cited by 2 publications

References 0 publications

The Criminalization of Functional Officer In Charge Of Document Examination In Criminal Corruption Courts

The Criminalization of Functional Officer In Charge Of Document Examination In Criminal Corruption Courts

Bailout to Bail-in: An Effort to Overcome The Financial Crisis in Indonesia

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