Asia
Asia BangladeshBhutan
Brunei Darussalam
Cambodia
China
Hong Kong
India
Indonesia
Japan
Korea (Republic of)
Macau
Malaysia
Maldives
Mongolia
Myanmar
Nepal
Pakistan
Philippines
Singapore
Sri Lanka
Taiwan
Thailand
Timor-Leste
Vietnam
Asia
Carson, Andrea, ‘The Fake News Crisis: Lessons for Australia from the Asia-Pacific’ (Melbourne School of Government, Governing During Crises Policy Brief No 12) 15 Abstract: This Policy Brief makes the following key points: (a) Before the COVID-19 pandemic struck, the spread of misinformation and disinformation online was a major global problem that can harm social cohesion, public health and safety, and political stability. The pandemic has highlighted how fake news about coronavirus and its treatments, even when spread innocently with no intention of causing harm, can cause real-world harm, and even death. (b) A lack of consensus among policymakers, media practitioners and academics on working definitions of fake news, misinformation and disinformation contribute to the difficulties in developing clear policies and measures to tackle this global problem. (c) To try to mitigate confusion for readers of this Policy Brief, a simple and broad definition of ‘online misinformation’ is adopted: the spread of inaccurate or misleading content online. ‘Disinformation’, by contrast, is considered as: the spread of inaccurate or misleading content with conscious intent to mislead, deceive or otherwise cause harm. In this way, we consider online disinformation to be a substantial subset of the broad, overarching problem of misinformation. This is a similar position to that of the Australian Communications and Media Authority (ACMA). Fake news is an umbrella term that covers both misinformation and disinformation. (d) The pandemic has emboldened many non-liberal states and fledgling democracies to crackdown on fake news through legislative means with threats of jail terms and heavy fines for those found in breach of the new laws. (e) Indonesia and Singapore are among a group of early adopter states to play the role of both arbiter of what is online misinformation and the enforcer of laws against alleged misconduct. Critics argue these states are using their new laws to silence a wide spectrum of critics, with major implications for freedom of speech and expression, media freedom, political pluralism and democratic representation. (f) So far, the Australian government has taken a voluntary regulatory pathway to tackle fake news. DIGI’s (Digital Industry Group Inc.) new voluntary Australian Code of Practice on Disinformation and Misinformation was launched in February 2021. It commits digital technology signatories to a range of measures to reduce the risk of harmful online misinformation and disinformation. :
Chalmers, Damian, ‘The Political Ordering of Rights and Bodies in South-East and East Asia’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 241 *[OPEN ACCESS BOOK]* Chapter summary: 1. Introduction. 2. Public Sway over Individual’s Bodies. 3. Dissipated social connections. 4. The Political Body and Public Order: Integration and Regulation. 5. Trust, Public Order, and Bodily Rejection. 6. Conclusion.
Dasgupta, Upasana and Vishakha Wijenayake, ‘South Asia, Let’s Examine Our Discriminatory Pandemic Policies’ (SSRN Scholarly Paper No 4909741, 17 November 2020) Abstract: This paper reviews pandemic policies of South Asian countries. We conclude that governments in South Asia should act towards the welfare of all its citizens and residents, instead of framing discriminatory policies catering to vote-bank politics.
Daly, Tom, ‘Elections During Crisis: Global Lessons from the Asia-Pacific’ (Melbourne School of Government Policy Brief No 10, 17 March 2021) Abstract: This Policy Brief makes the following key points: (a) During 2020 states the world over learned just how challenging it can be to organise full, free, and fair elections in the middle of a pandemic. For many states facing important elections during 2021 (e.g. Japan, the UK, Israel) these challenges remain a pressing concern. (b) The pandemic has spurred electoral innovations and reform worldwide. While reforms in some states garner global attention – such as attempts at wholesale reforms in the US (e.g. early voting) – greater attention should be paid to the Asia-Pacific as a region. (c) A range of positive lessons can be drawn from the conduct of elections in South Korea, New Zealand, Mongolia, and Australia concerning safety measures, effective communication, use of digital technology, advance voting, and postal voting. Innovations across the Asia-Pacific region provide lessons for the world, not only on effectively running elections during a public health emergency, but also pointing to the future of election campaigns, in which early and remote voting becomes more common and online campaigning becomes more central. (d) Experiences elsewhere raise issues to watch out for in forthcoming elections in states and territories undergoing serious ‘pandemic backsliding’ in the protection of political freedoms. Analysis of Singapore and Indonesia indicates a rise in censorship under the pretext of addressing misinformation concerning COVID-19, and (in Indonesia) concerns about ‘votebuying’ through crisis relief funds. In Hong Kong the electoral and political system has been drastically reshaped in advance of the September elections. :
Dongol, Nikhil and Syeda A Tripty, ‘Access to Information as a Human Right Amid the Pandemic’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 71–82 Abstract: With the outbreak of coronavirus in late December 2019, people around the world were forced to stay indoors. The lockdown had moved all the works to go online or virtual. With this, a virtual world has expanded and people have been easy to reach out on the internet. On the dark side, there are rampant misinformation and disinformation throughout the online world. This paper is an attempt to attract attention towards the ensuing infodemic which has been running havoc in connivance with the pandemic. This infodemic has increased the duty of the state to prevent from creating further havoc in an already wrecked system fighting the health crisis, especially in South Asia. The objective of this article is to explore the attempts made by the government in South Asia to cope up with yet another crisis particularly in the context of the law. It aims to analyse the right to freedom of speech and expression coupled with the fundamental right of the citizen to access information. The article further discovers the relevance of the interdependence of both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) more during the pandemic. However, this article does not attempt to provide a blueprint for implementation of the policy to combat the infodemic due to the diversity of situations faced by different countries to varying degrees rather would highlight the best practices of states and would explore the institutional mechanism coping with this situation. This is doctrinal legal research, where primary data was obtained from legislation and case law, whereas secondary data was obtained from various hard copy and soft copy books, journals, articles, reports as well as literature reviews. Both quantitative and qualitative data were employed to both the provisions of access to information in South Asian countries.
Elshobake, Mohammed RM, ‘Status of the Right to Health Care During the Covid-19 in Asia Under International Law’ (2024) 5(2) Advances in Humanities and Contemporary Studies 24–30 Abstract: On January 30, 2020, the World Health Organization declared that the spread of COVID-19 is a public health emergency of international concern. Then, on March 11, 2020, the World Health Organization announced that COVID-19 is a global pandemic, calling on all countries to strive to confront it and limit its spread. As soon as COVID-19 was declared a global pandemic, the governments of all countries rushed to take strict measures, under the pretext of preventing the spread of the pandemic. International human rights law recognises in exceptional situations and serious threats to public health and public emergencies, such as wars, natural disasters, and epidemics, to restrict and suspend some rights to protect another higher right, which is the right to life, and to prevent any threats to public health. This paper will discuss the status of the right to health care during the spread of COVID-19 in some Asian countries. Through doctrinal and legal study and content analysis, this paper will analyse the important relevant legal provisions under international human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations to the right to health care in Asia during the COVID-19 outbreak. The Universal Declaration of Human Rights (UDHR), the ICCPR and the International Covenant on Economic Social and Cultural Rights will be used as a standard for the definition of relevant human rights. It is concluded that the COVID-19 pandemic has posed unprecedented challenges to global health systems, and its impact on the right to health care has been profound. In addition, this pandemic has shown the ugly fractures in health-care systems, health inequities, racism, and discrimination. The benefit of this paper is to provide recommendations that protect human rights during pandemics.
Ghaleigh, Navraj Singh and Louise Burrows, ‘Resetting or Reversion in the New Climate Normal’ (Edinburgh School of Law Research Paper No 2020/12, 12 June 2020) Abstract: This chapter makes the case that ambitious climate action should central to the ‘new normal’ in Asia, and that law has an important role in delivering it. From the perspective of climate change policy and law, the Covid-19 catastrophe offers the slim possibility that we will ‘build back better,’ restoring our societies and economies along climate-friendly lines. This approach – resetting – envisages national stimulus packages and allied actions of central banks and financial regulators which are oriented towards economic growth and net-zero emission pathways in the months and years following Covid-19. Such policy approaches would include monetary financing, asset purchase programs, SME support, and bailouts. Being ‘Paris-aligned’ (aligned with the objectives of the Paris Agreement), these initiatives would be heavily weighted towards net-zero buildings, energy storage, climate-friendly materials, clean industry and land-use, transport and greenhouse gas (GHG) removal. The alternative narrative – reversion – identifies a recovery trajectory in which policies that are supportive of carbon-intensive pathways push the Paris Agreement targets further out of reach. Components of such recovery packages include unconditional bailouts for the fossil fuel sector, conventional mobility (i.e. aviation, combustion engine-powered vehicles), and so on. Reversion may appear akin to the status quo, but resetting is far from a marginal preoccupation of the environmental movement. Advocates include international organizations, leading central bankers, major corporations, and governments, although the signals can be scrambled.We explore the tension between these two approaches in the immediate response to Covid-19, focusing on the coal sector as an emblematic variable in climate change debates. Coal is particularly significant in terms of its environmental impact, its predominance in Asia, and its unstable economics. These aspects each have relevance to policy responses to climate change, in particular the means by which coal is financed by states through export credit agencies (ECAs), which may be susceptible to legal challenge. Our discussion is limited to a selection of Asian jurisdictions that are representative of the major trends and processes. :
Kaneko, Yuka, ‘Asian Perspective on the State and Market Responses to the COVID-19 Pandemic’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 123–147 Abstract: This chapter summarizes major findings from the joint survey on the ‘justice’ sought in the pandemic within the contexts of legal, institutional and cultural differences between Asian economies, under the auspices of the Kobe University Center for Social System Innovation, involving contributors from China, Indonesia, Korea, Myanmar, New Zealand, the Philippines, Thailand and Vietnam as well as Japan. Opposing to the economists’ arguments on the ‘trade-off’ between infection control and the economic impact of COVID-19, the survey found that countries which applied a ‘request-based’ pandemic control in an attempt to mitigate the ‘trade-off’ have seen a prolonged negative impact in the socio-economy where the SME sector is compelled to assume risks. Normal time contractual relations are expected to be modified to avoid the worst type of transfer of burden onto the most vulnerable groups, but the joint survey has found a tendency of ‘dry’ contractual culture in most of the target countries where the historical doctrines of capitalist law for the emergency modification are forgotten, except for rare exceptions such as the regional SME financing in Japan.
Kaneko, Yuka (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer, 2023)link to book page on publisher website
Book summary: This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?
Klug, Heinz, ‘Time for a Social Solidarity Tax?’ (University of Wisconsin Legal Studies Research Paper No 1604, Social Science Research Network, 17 August 2020) Abstract: Covid-19 is transforming the world, but we do not yet know how much. Across the globe the pandemic has exposed and exacerbated social and economic problems. From medical systems to livelihoods, Covid-19 is revealing how inequality impacts death rates, job losses, education, and housing. In many societies, including the United States, it has also exposed how these gross inequalities fall along racial and ethnic lines, with devastating impacts on marginal individuals, poor and minority communities. This article looks back at the comparative historical experience of wealth taxes and capital levies in Europe and Asia to put the present calls for wealth taxes in perspective and to suggest that a Social Solidarity Tax designed with this history as a guide may be necessary to address the coming economic catastrophe. :
Manciaux, Sebastien, ‘Public Health Policies and Pharmaceutical Sovereignty Through the Prism of Investment Agreements in the Asia-Pacific Region’ (2025) 13(1) Vietnamese Journal of Legal Sciences 1–13 Abstract: In many countrieş the Covid-19 crisis was accompanied by shortages of medical equipment (masks, gowns, respirators, …) and medicineş before the issue of access to newly developed vaccines came to the fore. Pharmaceutical sovereignty became a growing concern. In many developed countries where a pharmaceutical industry had been built up over the last few centuries, the Covid-19 pandemic and the resulting shortage of medical equipment and medicines led to the discovery that this industry had relocated and was now only keeping part of its production lines in these countries. To remedy the shortages observed during the Covid-19 pandemic, the main response, particularly in Europe and France, is to propose a proactive policy based on relocating pharmaceutical production in order to restore pharmaceutical sovereignty. This new policy raises the question of its legal compatibility with the international commitments made by most of the world’s states in investment agreements. The globalization of the economy and the relocation of industries, not just pharmaceuticals, have been supported by a network of international investment treaties. The goal of the present study is to consider firstly whether investment treaties authorize or regulate public health policies that may be adopted or modified by the States parties to these treaties, and in a second time whether measures designed to encourage the relocation of pharmaceutical production are compatible with the treaty obligations entered into by States in these investment protection treaties.
Manley, Stewart, ‘Critical Speech in Southeast Asian Grey Literature During the COVID-19 Pandemic’ (2021) 21(1) Human Rights Law Review 233–251 Abstract: Little academic research has been conducted on critical speech in Southeast Asia during the COVID-19 pandemic.1 This article aims to partially address this gap through an empirical case study of op-eds published on the website of the civil society program Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia (SHAPE-SEA). Intended for ‘those who find it challenging to access more mainstream media’, the op-eds provide a snapshot of how civil society groups, scholars and students who otherwise might be marginalised from conventional academic discourse are exercising their freedom of expression in grey literature during a time of global crisis. The study asks, who authors these commentaries? What are they writing about? Which countries are their focus? How far are they willing to go in criticising government policies? Each op-ed was assigned a ‘criticalness score’ based on the frequency of criticising the government and the severity of the language used. The scores were then used to test whether, for instance, the level of criticalness correlates with a country’s Global Freedom Scores or a government’s handling of the epidemic. Although little to no correlation was found, among other things, the criticalness scores nonetheless revealed that male and female authors were equally critical, students were more critical on average than lecturers or non-governmental organization (NGO) workers, and certain themes—law and order, human rights and freedom of expression—elicited the most critical speech. The average overall criticalness of the 115 op-eds evaluated was 1.15 on a scale up to 3, reflecting ‘slight criticism’. The study sheds light on the nature of freedom of expression in a region well known for its restrictive laws, policies and practices on speech, indicating that criticalness of government remains mild, even during the pandemic. :
Pekmezovic, Alma, ‘COVID-19 Impacts on Financial Market Integration in the ASEAN: Regional Trends, Challenges and Future Outlook’ (2020) 37(8) Company and Securities Law Journal 565–574 Abstract: An important aspect of regional economic integration is the integration of financial markets. Prior to the outbreak of COVID-19, financial market integration in the Association of Southeast Asian Nations (ASEAN) region was expected to accelerate. ASEAN Member States along with other countries in the Asia-Pacific region, including Australia and New Zealand, took active steps to create an enabling environment for promoting the integration of financial markets and improving banking liberalisation. The launch of the ASEAN Economic Community represented a watershed moment in this process. However, as countries respond to the current global economic slowdown, they are likely to re-evaluate region-level co-operation on matters of financial and economic policy. To date, ASEAN economic integration has not produced the supranational supervisory structures and centralised institutions associated with integration in other regional trading blocs such as the European Union. This remains a substantial impediment to continued financial market integration, especially in the context of the current COVID-19 crisis.
Rijal, Padma, ‘Impact of COVID-19 on the Right to Food of South Asian People and the Role of Regional Organization Like Saarc for Regional Food Security’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 58–70 Abstract: The COVID-19 pandemic, a global health emergency threatening the right to health of people has multifaceted impacts on other human rights as well. This unprecedented event has crippled our food system thereby affecting the right to food of South Asian people. Supply chain disruptions, loss of income, degrading nutrition, unaffordable food prices, unemployment, missed school meals, etc. have a long-term impact on regional food security. All the four pillars of food security namely availability, access, utilisation, and stability have been weakened. Amid this situation, South Asian Association for Regional Cooperation (SAARC) has been organising virtual meetings with a willingness to stand together in solidarity and also to create the emergency fund. This article advocates the need for regional cooperation for resilience and sustainable recovery by making use of mechanisms like SAARC Food Bank, Seed Bank, Agriculture Center to ensure the right to food of South Asian people and address the existing challenges.
Rimmer, Matthew, ‘The Regional Comprehensive Economic Partnership: Intellectual Property and Trade in the Asia-Pacific’ (2024) 32(2) Asia Pacific Law Review 392–435 Abstract: This article considers the evolution of the Regional Comprehensive Economic Partnership (RCEP) – with a particular focus on intellectual property, trade, and sustainable development. This narrative concentrates on the position of Australia – while also discussing the interests of other participating nations. This article charts the aims and objectives of the intellectual property chapter of RCEP. It explores the copyright provisions of RCEP – considering the implications for access to knowledge, innovation, and competition. This article examines the treatment of trade mark law, Internet Domain Names, and geographical indications. It evaluates the regime for patent law and related rights such as data protection, trade secrets, and biologics – with a particular concern for access to medicines and the COVID-19 crisis. It also explores sui generis regimes of intellectual property – such as plant breeder’s rights, access to genetic resources, and Indigenous intellectual property. The conclusion considers the future of RCEP – especially given competing mega agreements such as the Trans-Pacific Partnership (TPP); the Belt Road Initiative; and the Indo-Pacific Economic Framework for Prosperity.
Schaper, Michael, Rachel Burgess and Benjamin McCarthy, ‘Covid and Competition: The Role of Competition Law and Regulation in ASEAN During and After the Pandemic’ in Himachalam Dasaraju and Tulus T. H. Tambunan (eds), COVID-19 and Its Reflection on SMEs in Developing Countries (Nova Science Publishers, 2021) 161–190
Smith, Robert and Mark Perry, ‘Fake News and the Pandemic in Southeast Asia’ (2022) 22(2) Australian Journal of Asian Law 131–154 Abstract: The rapid growth of internet accessibility and increased number of social media users in Southeast Asia have provided a readily available technology to spread fake news and hate speech. This article discusses the rise of fake news in Southeast Asia in recent times, particularly during the Covid-19 pandemic, and examines different legislative responses within the region. Fake news takes several forms. Disinformation campaigns by non-state actors are prevalent in Indonesia, Myanmar and the Philippines, but disinformation campaigns by state actors are most prevalent in Myanmar. All Southeast Asian jurisdictions have legislation to prosecute offenders. Singapore enacted fake news-specific legislation, while the other jurisdictions rely on existing laws such as telecommunications, defamation or cybercrime legislation. A common feature of the legislation is that the definitions of fake news or spreading false information are broad and potentially impact freedom of speech, particularly now some Southeast Asian governments have passed laws that prohibit criticism of the government’s response to the pandemic.
Teramura, Nobumichi, Shahla F Ali and Anselmo Reyes, ‘Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations’ (University of Hong Kong Faculty of Law Research Paper No 2020/038, 1 July 2020) Abstract: Asia’s emergence as a global economic powerhouse has corresponded with a prolonged upward trend in international commercial arbitration (ICA) cases involving Asian parties, as well as a belated expansion of investor-state dispute settlement (ISDS) arbitrations involving Asian states or investors. Further accelerating the eastward shift in international dispute resolution, various initiatives to improve support for ICA and ISDS have been taken and alternatives (such as international commercial courts and international commercial mediation) have been promoted. This book aimed to examine significant ‘new frontiers’ for Asia-Pacific cross-border business dispute resolution, focusing on major economies in East and South Asia and countries (such as Australia) that are closely linked economically and geographically. The principal questions posed were: (1) whether existing and new venues for ICA could improve their attractiveness through law reform, case law development, and other measures, despite worries about cost and delay; (2) whether emerging concerns about ISDS-backed investment treaty commitments would prompt Asian states to become rule-makers in international investment law, rather than be mere rule-takers; and (3) whether innovations in existing or new fields might assist the Asia-Pacific region to develop international dispute settlement further. The foregoing chapters have discussed these broad themes, focusing on developments in Australia, Japan, Hong Kong, China, India and Malaysia, while paying attention to broader regional initiatives (such as China’s Belt and Road Initiative (BRI)) and recent international instruments (such as the Singapore Convention on Mediation (entering in force from 12 September 2020 )). This concluding chapter highlights key findings in the individual chapters and identifies some challenges for the post COVID-19 era. :
Thuong, Mac Thi Hoai, ‘Ensuring Human Rights during Covid-19 Pandemic: International Law and the Obligations of States – The Problems of Southeast Asian Countries’ (2022) 5(3) International Journal of Law Management & Humanities 1239–1254 Abstract: The Covid-19 pandemic (SARS-CoV-2) has become complicated in most countries around the world. The pandemic not only claims the lives and affected the health of tens of millions of people, but also has many negative impacts on life and human rights. To limit the spread of the disease, states have adopted many measures, such as warnings, travel restrictions, medical isolation, and border closures, etc. Despite limiting the spread of the Covid-19, these measures negatively affect human freedoms, such as freedom of movement, freedom to choose health care providers, etc. This paper uses the methods of statistics and describing reality to show the obligations of states to ensure human rights under the impact of the pandemic according to the provisions of international law, and the fulfillment of these obligations in member states of the Association of Southeast Asian Nations, the challenges faced by ASEAN countries to fulfill their national obligations in ensuring human rights under the impact of the epidemic and in post-pandemic: the shortage of vaccine supply; mass vaccination is unlikely to be achieved in the short term. The comparative method is used in some parts of the article to compare Fulfillment of states’ obligations in ensuring human rights under the impact of the Covid-19 pandemic in ASEAN countries.
Vorotyntseva, Inna, Ivanna Hranina and Maryna Pysarenko, ‘Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine’ (2021) 10(1) Ius Humani Law Journal 123–150 Abstract: The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.
Yoshida, Kunihiko, ‘A Comparative Study of Socio-Legal Scenarios in the COVID-19 Pandemic: Focusing on Asian Responses’ (2022) Asian Journal of Law and Society (advance article, published online 19 September 2022) Abstract: This article first distinguishes three governance scenarios that have been enacted in the COVID-19 pandemic, including identification and control; herd immunity without policy adjustments; and periodic lockdowns and hasty opening. In suggesting how different governments’ strategies were taxonomized into these categories, the paper examines major socio-legal challenges, including variations in social structures and government responsibilities; differences in public health cultures and legal policy options available to governments; unequal distribution of health and social welfare benefits; and public concerns of government overreach in relation to privacy of the infected and the preservation of individual liberty and freedom. Finally, the paper offers critical recommendations in the interest of ensuring a robust social-legal framework for providing adequate medical care to the infected; improving public health for vulnerable groups; ensuring that less privileged countries have access to vaccines; and designing post-disaster reconstruction by seeking global health objectives, rather than state-centric national justice.
Bangladesh
Ahmed, Nova et al, ‘Resilience During COVID Pandemic: Role of Fintech in the Perspective of Bangladesh’ (SSRN Scholarly Paper ID 4009497, 26 October 2021) Abstract: This in-the-moment research during the COVID-19 pandemic explores the role of existing fintech (financial technology) in several communities, particularly among women in Bangladesh. Our qualitative study on n = 75 participants (Female = 63, Transgender = 2, Male = 6, 4 Male fintech service providers) have explored urban, semi-urban, and rural communities in Dhaka Division, Bangladesh, to understand the added values, challenges, and user perceptions of fintech during the ongoing pandemic. The study focuses more on the diverse problems women face during Fintech operations, which remain underexplored in the Global South context. It shows existing fintech providing contactless transaction options and opportunities of remote banking, opening up discussions on the challenges faced during fintech adoption. The study sheds light to the resilience of participants in using fintech services instead of discarding it in the face of negative experiences. It also reveals the widening digital divide and the required awareness towards minimizing the gap between the digitally disconnected communities. The participants put forward ideas about possible design improvement since fintech is the only financial tool for certain communities, and it is a safe way to support many during the pandemic. Based on findings, we have presented design implications for existing fintech options in Bangladesh; that will engage all the communities into better fintech usage and broaden the scope of CSCW literature in many dimensions.
Aman, SM Amanullahal and Rubyate Jamila Manoby, ‘A Socio-Legal Study on Labour Law and Impact of COVID-19 in Bangladesh’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 117–130 Abstract: The authors analyse the current scenario and the main challenges posed by COVID-19 to effectively implement the existing legal framework for labour rights and relations in Bangladesh. The non-enforcement of national regulations in relation with labour laws were present even before the pandemic stroke hard on the labour sector. Furthermore, the contributors draw attention towards the existing rights given to the labours in the Labour Act, 2006 with the recent amendments. The current circumstances are incompatible for ensuring the labour rights such as, termination, lay off, wages, compensation, group insurance, death due to COVID-19, and health and hygiene as prescribed by the law. In compliance with the current situation, the writers scrutinise the policies and guidelines prescribed by the International Labour Organisation to protect and safeguard the interest of the workers during this pandemic. The labour laws and policies are generally in harmony with the labour rights and relations as set by the core labour fundamentals of International Labour Organisation (ILO) conventions. However, lack of implementation of such policies in the labour market passes a signal of dismay which has become worse after the pandemic. Finally, the authors end with the remarks on the poor implementation of national labour laws, regulations, and policies that cause innumerable losses to the labour sector and the national economy.
Bin Siddique, Fahad, ‘The Doctrine of Fair Use in the Aspect of COVID-19 Pandemic: Perspective of Copyright Laws in Bangladesh’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 47–57 Abstract: The doctrine of fair use or fair dealing indicates exceptions to the author’s exclusive right under copyright law. This doctrine permits making copies or using copyrighted work in such a way that does not consider copyright infringement. The primary objective behind the doctrine is the benefit of society, which could be through educational institutions, for instance, by allowing photocopies of a book for teaching, which does not amount to infringement of copyright. COVID-19 pandemic and the consequential lockdown worldwide have changed people’s lifestyles, and even educational institutions are now serving their students online. Even though people are adjusting to this new normal situation, issues concerning the uncertainty of how the doctrine of fair use or fair dealing under copyright law will apply to online education have emerged. Does this doctrine of fair use extend to the online education system? This article will scrutinize the position and scope under Bangladeshi law on fair use concerning questions that have arisen in the aftermath of online teaching. Therefore, this article aims to study the status of the doctrine of fair use in the aspect of this pandemic and discover the applicability of this doctrine in terms of the online education system to observe the position and practice of the other jurisdictions in this regard.
Chowdhury, Jamila A, ‘Legal Liability of “Free-Riders” during the COVID-19 Pandemic: A Mere Negligent Public Nuisance or Reckless Public Health Offence?’ (2021) 32(1) Dhaka University Law Journal 174–195 Abstract: this paper illustrates how the gravity of criminal offence caused by ‘negligent’ free-riders duringCOVID-19 outbreak has evolved from mere ‘negligent public nuisance’ to ‘reckless public health offence’ around the globe. In this paper, ‘free-riders’ during COVID-19 pandemic signify people in a given society, who do not comply with prescribed health guidelines (e.g. wearing masks, social distancing, quarantine rules, isolation rules etc.) set by the World Health Organization (WHO)and the Government of Bangladesh to curb the communal spread of the highly contagious Coronavirus. his paper urges policymakers of Bangladesh to make ‘free-riders’ criminally liable with prompt and stringent punishments, especially for their ’reckless’behaviour manifest in repeated violations of health regulations. this paper has identified existing legal provisions, their recent evolution, and lack of implementation to adequately address the COVID-19 related health risks in Bangladesh. Analysing relevant legislative provisions and associated implementation strategies followed in the UK and other countries, including Singapore, India, and Sri Lanka, this paper emphasises on strategic legal provisions to improve the effectiveness of existing laws inthis regard.If adopted, these legal provisions can effectively separate those who ’negligently’violate health regulations from those ’reckless free-riders’who repeatedly disregard health guidelines and violate Government regulations over and over again. :
Chowdhury, Ragib, ‘Force Majeure v Specific Performance of Contract: Order Cancel Culture Impacting RMG Industry in Bangladesh’ (SSRN Scholarly Paper No ID 3779978, 5 February 2021) Abstract: COVID-19 pandemic wreaked havoc and is still wreaking havoc. Brands and retailers have in this chaos invoked force majeure clauses in their contracts to cancel their pending orders. Bangladesh alone has a total of 6bn USD worth of orders unpaid with no payment made for already finished products or bought raw materials. Some companies are considering declaring involuntary bankruptcy as brands have used the order cancellation as a bargaining chip to force a 12% price reduction on already negotiated orders. This essay focuses on whether and to what extent the COVID-19 pandemic can amount to a force majeure event and how and to what extent specific performance of contract is available as a suitable remedy for the RMG in Bangladesh. :
Gahlot, Sheetal and Kanwal DP Singh, ‘Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries’ (2024) 17(2) Law and Development Review 331–365 Abstract: The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.
Hansen, Christopher et al, ‘Ripped at the Seams: RMG Sector Workers During a Global Pandemic’ (2021) 6(2) Journal of Modern Slavery 79–105 Abstract: Authors from NORC at the University of Chicago conducted a five-month rapid assessment of COVID-19’s impact on the Ready Made Garments industry (RMG) in Bangladesh and India with funding from the Global Fund to End Modern Slavery (GFEMS). The research presented here highlights the increased risk of forced labor among vulnerable working populations associated with the COVID-19 pandemic. The rapid assessment addresses descriptive and normative questions about the short- and long-term impact of the COVID-19 pandemic on Bangladesh and India’s RMG industries. Qualitative data collection methods included 19 semi- structured key informant interviews (KIIs) with governmental and non-governmental stakeholders and actors across the RMG supply chain. KIIs were informed by a systematic review of recently published media articles, reports, white papers, and other online content. RMG sector stakeholders, including private sector supply chain actors, policy actors, and implementing partners, can use this research to adapt programs and address the multi-faceted challenges facing apparel workers during a global pandemic. :
Haque, Bushra, ‘Labour Law in Bangladesh and India during COVID-19: A Critical Analysis’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 103–116 Abstract: The COVID-19 crisis has the potential to be catastrophic for the millions of employees already in precarious situations. The shock wave it has sent down has its reverberation in shaping the globalised socio-economic condition. The vulnerable workers are among the hardest hit by the economic cataclysm of the pandemic. This article mainly focuses on the impact of COVID-19 on the exposed workers in two neighbouring countries- Bangladesh and India. Firstly, the article seeks to show the competency of the existing provisions in the legislature to deal with the pandemic. The objective is to assess whether and to what degree the existing body of laws is capable of addressing the issues that have emerged as a result of the ongoing uncontrollable situation. Secondly, it intends to provide a short but comprehensive review of the initiatives proposed by legislators in Bangladesh and India in response to the effect of the COVID-19 emergency on working conditions and business operations. Thirdly, the article deals with the responses of the state and the employers in maintaining workers’ due diligence whilst ensuring the growth of the economic activities in a country. The responses of global brands and the subsequent effects on workers in the immediate aftermath are also captured. The aforementioned responses attempt to apprehend the extent of applicability of the existing legal provisions. The article further proposes to bring changes to Acts, policies, guidelines and practices that can lead to long-term changes in order to safeguard and extend the fundamental rights of the employers and workers. The views expressed in this paper are based mostly on secondary sources. The views are critical analysis in order to understand the impact of the pandemic on the labour law regime
Hasan, Samiul, ‘Public and Non-Profit Organisation Management in the Post-COVID-19 World: Possible Issues and Options for Bangladesh’ (SSRN Scholarly Paper No ID 3632711, Social Science Research Network, 21 June 2020) Abstract: This is a revised version of a webinar presentation for a program at the East Delta University, Bangladesh. At first, it underlines the possibility of a debate on the rationality of ‘unscientific lockdown’ that is to harm those people more who are likely to be affected less by the virus, especially in Bangladesh. The discussion then suggests six possible factors to define the post-COVID-19 world and its trajectories, that would create opportunity as well as challenges for Bangladesh. Characterising the non-profit sector with available six legal forms and their varied regulatory mechanisms and the overarching ‘Foreign Donations (Voluntary Activities) Regulation Ordinance of 1977 (amended in 1982), the work argues, referring to the related theories, that there may not be one uniform form of management or leadership. It is to be contingent upon the size, purpose, age, and (sources) of fund of the organisation. It proceeds further to analyse why all organization are to focus on “efficiency” as a core dimension of management, while the public sector needs to consider “outcome equity”. The government should acknowledge the contribution of the non-profit sector and let it function to offer goods and services for the disaffected “majority” without exploitation or profiteering in the guise of non-profit, but with enough regulation to ensure fairness and state security. As such, in the uncertain post-COVID-19 world, where the private sector is likely to shrink or lose face, the NPOs’ management basics should be self-regulation without any bias or division because the government and society would need them collectively more in ensuring outcome-equity. The work is based on the authors’ previous comprehensive works on the non-profit sector and other secondary sources of information and data, as cited and listed at the end. :
Kabir, Tamanna Tabassum and Sakin Tanvir, ‘Misinformation in Media during COVID-19 in Bangladesh: Socio-Legal Analysis of the Infodemic in Comparison with Vietnam & Singapore’ (2022) 22(2) Southeast Asia: A Multidisciplinary Journal 20–38 Abstract: This article examines the misinformation on the COVID-19 pandemic in social media and electronic media, as well as whether the existing legal administration and laws in Bangladesh, Singapore, and Vietnam are adequate to combat the infodemic. People who believe misinformation and fake news about Coronavirus, prevention, and treatment may put their lives in danger. False information about Coronavirus has spread throughout the world, not just in South and Southeast Asian countries, causing widespread concern in the global healthcare community. We employed a qualitative approach as well as the case study analysis method. Case studies were conducted using news reports and news channels. We examined the legal provisions of the People’s Republic of Bangladesh’s Constitution, as well as factual analyses of Singapore and Vietnam. We discovered the impact of misinformation dissemination through social and electronic media, which is prevalent not only among rural Bangladeshis but also in almost all classes in Singapore and Vietnam, and how such influence can be detrimental to the interests of Bangladesh, Vietnam, and Singapore.
Mannan, Sonia, Jobair Alam and Md Habibur Rahman, ‘Human Rights Dimensions of COVID-19 Responses in Bangladesh: Challenges and Recommendations’ [2021] International Journal of Human Rights in Healthcare (advance artiicle, publlished online 23 June 2021) Abstract: The purpose of this paper is to scrutinize the human rights dimensions of COVID-19 responses in Bangladesh through a viewpoint methodology in four critical areas: freedom of opinion and expression; access to information; protection of health-care workers; and marginalized populations’ access to health care. However, these responses remain non-aligned with the international human rights law obligations of Bangladesh, which undermines the human rights and dignity of its population. Based on the responses shaping and aggravating the situation, this paper concludes with some recommendations, which can be helpful for Bangladesh for better human rights responses in these areas, should a parallel situation emerge in the future.
Mashraf, Ali and Jalal Uddin Ahmed, ‘Operation of Virtual Courts: Impact of COVID-19 Pandemic on Access to Justice in Bangladesh’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 1–17 Abstract: The outbreak of the COVID-19 pandemic in Bangladesh in March 2020 forced the judiciary to halt all court activities (both the apex and the subordinate courts) for more than a month. Thereafter, the Use of Information and Communications Technology by Court Ordinance, 2020 (which was later passed as an Act by the Parliament) paved the way for the virtual operation of courts for the first time in the history of Bangladesh. Apart from the Act, the Supreme Court, by exercising its power under Article 107 of the Constitution, has issued numerous practical directions and circulars from time to time for the smooth functioning of courts of all tiers virtually. However, despite virtual courts operating for over a year now, some obvious loopholes in the laws, procedures, and infrastructure still exist, e.g., limited functioning of courts, lack of clarity and conflicting directions in various circulars, accessibility issues, etc. Consequently, these loopholes have created a bar to access justice via the formal court system for our citizens, which violates their fundamental rights. Against this backdrop, this article analyses the impact of COVID-19 on access to justice for Bangladeshi citizens through virtual courts. It elaborates on Bangladesh’s mandate of access to justice as enshrined in the Constitution and various international legal instruments, and to what extent the virtual courts have been able to ensure this right for the citizens. The article further identifies the loopholes in the virtual court system that hinder people’s access to justice. It concludes with informed recommendations for policymakers and the judiciary based on the best practices of other common law countries in shaping up our virtual court structure to ensure that the courts remain properly functional at all times to dispense justice.
Mim, Protyasha Ahmed, ‘The Rise of Violence and Inequality against Women during Covid-19 Pandemic in Bangladesh and Barriers to Legal Protection’ (2022) 3(1) Jus Corpus Law Journal 29–44 Abstract: This research addresses the surge of Gender-based violence against women in Bangladesh during the Covid-19 outbreak. By emphasizing the structural barriers to justice accessibility and the hardships victims have in receiving legal assistance and protection from the law. At the time of the hardest hit during the coronavirus pandemic, the court services were temporarily shut down. This made access to urgent legal support more difficult for the survivors of victims of gender-based violence as the level of violence against women and girls increased during Covid-19. This research aims to analyze statutory provisions regarding inequality and violence against women of Bangladesh and the effectiveness of their implementation in the situation of Corona Virus Pandemic, to identify the areas that need to be developed to provide legal support to the victims of violence during lockdown and dimensions of government responsiveness in this specific section of progressive social policies. A combination of qualitative method and empirical research methods have been adopted for this study. Mainly secondary data have been consulted for this Study to analyze the instruments regarding Gender-based violence against women and implementation, social phenomenon, and effectiveness of the laws to reduce gender crimes against women in the coronavirus pandemic. This study also aims to find out the factors which facilitate the rise of the level of violence against women, to identify the barriers to access justice and the way out for the victims of violence during Covid19.
Rab, Abdur and Golam Mostofa, ‘Attitude towards Prescribing Legal Action on Domestic Violence against Women: Context of Bangladesh during COVID-19 Pandemic Period’ (2022) 9(3) Open Access Library Journal 1–9 Background: Domestic violence is rampant and pervasive in Bangladesh. It has become a burning question across the world on the whole year especially during COVID-19 pandemic period. The woman is generally thought vulnerable, controlled by their father, husband or son in where dominated and subjugated approach by the man even though considered as slave to men. Generally, females are thought as subordinate, inferior and subservient to males which have become common characteristics in the patriarchal society like Bangladesh. The paper briefly explores women attitude towards taking legal actions against offenders who commit assault on domestic violence against women. Method: The paper is intent to use secondary data collected from Ain O Salish Kendra (ASK) accumulated published data taken from Prothom Alo, Ittefaq, Samakal, Sangbad, Janakantha, Noya Diganta, Daily Star, New Age, Dhaka Tribune (include their e-papers), some online news portals and Ain O Salish Kendra (ASK) on domestic violence against woman in the context of Bangladesh during COVID-19 pandemic period from April to August, 2020. Result: Of 303 cases, 76% women tortured by intimate partner called husband, 80% women tortured by husband’s family members, 52% tortured by own family members and 66% committed suicide are no more concerned about taking legal actions. Cases have been filled and taken judicial proceedings who are victimized on 62% murdered by husband, 64% murdered by husband family members and 57% murdered by own family members. Conclusion: The handsome number of women who are engrossed to fill case on taking legal action against delinquent if they are offenders even though a good number of women who are no more concerned to fill cases against guilty on torture, murder and ultimate outcome of torture, is committed suicide as a form of domestic violence to women in where women are victim of domestic violence within their husband, family members and own family members.
Rafid, Raihan Rahman, ‘Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh: A Dispirited Performance in a South Asian Context?’ (2022) 23(3) Asia-Pacific Journal on Human Rights and the Law 315–353 Abstract: The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (NHRCB), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the NHRCB during the pandemic and finds that the NHRCB evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the NHRCB has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (NHRI s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The NHRCB may benefit by learning from these NHRI s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The NHRCB has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.
Rahman Rafid, Raihan, ‘E-Commerce Bubble during the Pandemic and Post-COVID Sustainability in Bangladesh: Quest for a Facilitating Legal Environment’ in South Asian Institute of Advanced Legal and Human Rights Studies (UMSAILS)-UAP International Virtual Conference on the Impact of Covid -19 Pandemic in the Legal Field 2021 (2021) Abstract: The COVID-19 pandemic has significantly changed the commercial trajectory of world business, especially for Business to Consumer (B2C) transactions. Social distancing, lockdown and other measures in response to the COVID- 19 pandemic have led urban consumers to lean more towards e-commerce. In Bangladesh, e-commerce witnessed an exponential growth of 166% in 2020 compared to its usual 50% growth per annum. However, the country is yet to introduce any special law for regulating the e-commerce sector. The legal environment is primarily premised on the laws designed for traditional business transactions. Hence, in the absence of a stable legal environment, the pandemic induced e-commerce bubble and associated treachery may shatter this potential sector prematurely. Against this backdrop, this research paper reviews and recommends laws, rulemaking, capacity building, enforcement, and establishing central regulatory watchdog to minimize regulatory gaps, ensure policy consistency, and streamline compliance obligations to meet specific challenges arising from e-commerce. Following a socio-legal research approach, this paper will evaluate the existing regulatory mechanism in Bangladesh for three priority areas: (i) cyber security, (ii) digital privacy and, (iii) protection of consumer rights. Relevant legal texts from will be considered for this purpose and recommendations based on existing regulation approach applied in the other nations would assist policymakers in developing a sustainable e-commerce friendly legal environment in post-COVID Bangladesh. :
Rahman Rafid, Raihan, ‘Parliaments during the Pandemic: A “Dual State” Explanation of Bangladesh Jatya Sangsad’ (2020) 18(1 & 2) Bangladesh Journal of Law 25–27 Abstract: This article seeks to theorise the Parliament of Bangladesh (Jatiya Sangsad)’s response to the COVID-19 pandemic in light of the normative traits of global parliamentary responses to the public health emergency. It is argued that while the pandemic has contributed to the executive aggrandizement in established and unstable democracies alike, it has irreversibly marginalised the legislatures in countries with ‘pre-existing conditions’ like democratic decay, elected authoritarianism etc. This article adopts the ‘Dual State’ thesis expounded by Csaba Győry and Nyasha Weinberg in relation to Hungary and uses it as a theoretical lens to look through the Bangladesh Parliament’s performance during the pandemic. It concludes that Bangladesh’s total neglect of parliament as an institution of relevance during the pandemic is relatable to the Hungarian or Georgian style ‘Dual State’ approach to the crisis and this might end up normalising a perpetual marginalisation of the Jatya Sangad as an institution of accountability. :
Rahman, Zarin Tasnim and Syeda A., ‘Human Rights and Policy Perplex: COVID-19 in Context’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 83–88 Abstract: The article examines the implementation of human rights in Bangladesh under COVID-19, spurred under the shadow of effective control and management of the pandemic. Although the impact of the pandemic remains pervasive in almost every aspect of our society, the focus of the analysis of the paper pivots around three central human rights issues: the right to life, freedom of movement, and access to works affected people in every sphere. Through a content analysis of circulars from relevant Ministries of Bangladesh during the pandemic, it is argued that the lack of proper coordination among the Ministries in some cases and delayed or inappropriate responses in others have impaired the human rights condition for mass people in Bangladesh. The Constitution of the People’s Republic of Bangladesh declares a suspension of fundamental rights as valid during an emergency. However, as the lockdown under the COVID-19 pandemic was not declared as an emergency, analysis of human rights conditions under this paper was deemed under a normal state of affairs. Relevant editorials from various national dailies, a couple of expert interviews from policy-makers and civil society leaders available through online video streaming were also analysed to triangulate for strengthening the arguments of this paper. Finally, the article concludes with several recommendations on required legal and policy changes that would enhance the long-term preparedness of the government and build its capacity to manage such pandemics with minimal or no harm to human rights in future.
Rashid, Md Harunur, ‘Impact of COVID-19 Pandemic on Legal Professionals in Bangladesh: A Study Findings in Dhaka City’ (2024) 3(1) American Journal of Society and Law 34–39 Abstract: This article is focused on the various consequences of the COVID-19 pandemic on legal professionals in Bangladesh. It is a primary data-based study findings. It strives to explore the socio-economic and psychological conditions of legal professionals, especially in Dhaka City, the capital of Bangladesh. Like many other countries, Bangladesh has also faced severe critical factors due to this global pandemic. Because of COVID-19 nationwide lockdown was imposed from 26th March to 30th May 2020, extending several times. The upshots of the nationwide lockdown impacted the daily life of all people in different categories not only in Bangladesh but all over the world. During emergencies, all professionals have to maintain the code of conduct while serving the client, managing appointments, and working with a limited workforce due to illness and isolation of the needed force were not accessible by the legal profession in the COVID-19 era. In that situation, those who are engaged with faced many challenges as gathering on court premises, lack of social distance, and carelessness about themselves. It hampers their professional worth and falls them into a stressed situation.
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan. :
Sahai, Ridhi et al, ‘Shattered Dreams: Bangladeshi Migrant Workers during a Global Pandemic’ (2021) 6(2) Journal of Modern Slavery 106–132 Abstract: Overseas labor migration (OLR) is currently one of the most important contributors to Bangladesh’s economy and is a highly profitable form of labor for Gulf Cooperative Council (GCC) countries. Despite the high rate of migration between these countries, the OLR sector remains complex and often leaves migrants susceptible to human trafficking, forced labor, and modern slavery. The onset of the COVID-19 pandemic has exposed migrant workers to additional adverse situations, increasing their vulnerability to forced labor and COVID-19 related health risks. This rapid assessment addresses critical questions about the short- and long-term impacts of the pandemic on Bangladesh’s OLR industry. Findings from this assessment will inform migrant rights protection policies and programs. :
Sen, Shuvro et al, ‘The Unprecedented Pandemic “COVID-19” Effect on the Apparel Workers by Shivering the Apparel Supply Chain’ (2020) 11(3) Journal of Textile and Apparel, Technology and Management 1–20 Abstract: COVID-19, known as a pandemic, affects the global economy. ILO declared this virus as a labor market and economic crisis. This study has been conducted for understanding the effect of COVID-19 on the apparel industry and the apparel manufacturing workers. This is a descriptive study, following the inductive procedure. The relevant information has been collected from the current academic literature, newspapers, reports publications, and relevant web pages. An online interview with the manufacturers, policymakers, trade unions, researchers, and academicians has been conducted for primary information collection. This study has found that the apparel industry is one of the most affected industries among the other industries by COVID-19. The retailers’ shops are being closed with having zero turnovers which leads to ordering cancelation to the manufacturing factories. Bangladesh’s apparel manufacturing industry is also drastically affected due to COVID-19. The factories can’t pay the workers’ salaries in this critical situation. Therefore, millions of workers have been sent home without their wages. Sometimes, it has predicted that the workers would lose jobs due to factory closure. The Government took lots of initiatives i.e. tax rebates, reduce VAT, financial support to the owners to pay the workers’ wages, loan installment rescheduling, etc. Albeit, these initiatives were taken for the welfare of the factory owners and the workers remain oppressed. So, a proper policy strategy is indeed an emergency to support the destitute workforce during the COVID-19 as well as in future financial crises that can happen due to this kind of epidemic or any reason. This study will be supportive to the stakeholders of this sector to learn the impact of COVID-19 on the workers and make the necessary adjustment for the future betterment. :
Shovon, Islam Shahriar, ‘Domestic Violence Against Women in Rural Areas in the Time of COVID-19 Pandemic: Bangladesh in Context’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 89–102 Abstract: Domestic violence against women in Bangladesh manifests itself in various ways, ranging from overt physical violence to dowry-related violence, maltreatment via underage marriage, and marital rape etc. Among others, physical aggressiveness or threats include, sexual assault, emotional abuse, stalking, and passive/covert abuse, other including economic hardship early marriage. Although domestic violence against women has always been a concern in rural Bangladesh, the COVID-19 pandemic (the pandemic) has heightened the violence in to more degree than the normal situation. According to a United Nations Population Fund (UNFPA) research, domestic violence increased around 20% during the pandemic among the Member Nations of the United Nations, including Bangladesh. Specifically, married women in rural areas in Bangladesh face a higher frequency and severity of physical and mental torture at the hands of their husbands, husbands’ relatives, and family members than urban women. While significant attention has been paid to domestic violence in metropolitan regions, there have been few studies examining the effects of the epidemic on rural communities. This article will examine the state of domestic violence in rural Bangladesh during the outbreak in this background. It will attempt to ascertain the factors contributing to the abrupt surge in domestic violence in rural regions. Additionally, it will review the current legal and policy frameworks to assess whether the present legal and policy frameworks adequately safeguard rural women’s interests. Finally, it will provide some concrete recommendations to help ease the deteriorating situation of domestic violence in rural Bangladesh.
Siddique, Fahad Bin, ‘Protecting Human Rights in Bangladesh: Difficulties During the Period of the Covid-19 Pandemic’ in Ana Čović and Oliver Nikolić (eds), Pravni i Društveni Aspekti Vakcinacije Tokom Pandemije Kovida 19 / Legal And Social Aspects Of Vaccination During The Covid-19 Pandemic (Institute of Comparative Law, 2022) 145–167 *[OPEN ACCESS BOOK]* Abstract: When the Covid-19 outbreak started, Bangladesh, as a developing nation, did not have adequate resources to fight against it compared to other developed nations. To the government of Bangladesh, the primary challenge was to protect the citizens’ health and ensure their safety from the outbreak with limited resources. Moreover, this public health-related challenge motivated them to announce lockdown in the name of general holiday for several times. However, with these restrictions, the people of Bangladesh are deprived of several fundamental rights according to the constitution of Bangladesh, as well as a number of human rights norms. It is pretty fascinating that, for the first time in history, the people of Bangladesh were deprived of their rights, including freedom of movement, assembly, etc, without the declaration of emergency in accordance with the constitution. Even the Supreme Court was on vacation for several days, which generated a vacuum condition in the justice system for the people who were deprived of their fundamental rights. This paper aims to analyse the conditions of human rights in Bangladesh during the Covid-19 pandemic and how the pandemic-related laws and law enforcement agencies of Bangladesh regulated citizens. On the other hand, in terms of participation, Bangladesh’s Covid-19 vaccination drive has been quite successful in the South Asian region despite the government keeping it optional for everyone. This paper has aimed to scrutinise the social hesitancy regarding the ongoing vaccination drive. Furthermore, this paper will take a hypothetical view and further examine if the government made it compulsory, then how it will deal with the supreme law of Bangladesh.
Singh, Amita, ‘Pandemic and the Emerging Threshold of Disaster Law in South Asia’ (2021) 32(1) Dhaka University Law Journal 152–173 Abstract: The paper refers to many new challenges which are being faced by countries across the world and specifically those of South Asia. Due to clarity of analysis India’s handling of the pandemic through its legal and executive framework has been undertaken as a case study with lessons for the countries in the region. The pandemic management raises many concerns of law and governance besides exposing a mismatch which exists between the disaster management acts of most countries and the rapidly changing requirements of pandemic management. The law is not adequately prepared to encounter an epidemic and it appears that to enforce disaster management laws governments have been exploring stringent outdated laws such as India’s implementation of the Epidemic Disease Act 1897. Experts who have analysed epidemic control measures of governments since the 1900 bubonic plague have suggested against their usage or it would prove counterproductive in preventing the disease. In the end the paper suggests an effective regional collaboration for sharing information, medical support and scientific research to address biological disasters. This can be done by strengthening the SAARC and also to implement SAARND Agreement. :
Tanvir, Sakin and Tamanna Tabassum Kabir, ‘Combating the Rise of Domestic Violence against Women during the Pandemic: The Weaknesses of Bangladeshi Legal Regime’ (2020) 3(3) Society for Critical Legal Studies (SCLS) Law Review 94–102 Abstract: The purpose of this study is to find out the effectiveness and sufficiency of national and international laws and provisions in minimizing violence in the household or domestic violence in Bangladesh. As COVID-19 has affected the whole country financially, socially and in individual level, intra-family conflicts like domestic violence have increased at an alarming rate. Presence of various laws, provisions, including both national and international such as the Penal Code, 1860, the Code of Criminal Procedure, 1898, Domestic Violence (Prevention and Protection) Act, 2010, the Prevention of Cruelty against Women and Children Act, 2000, International Human Rights instruments and some national-international organizations indicate towards the punishment and prevention of the offenders of domestic violence. To find out whether those provisions and mechanisms are sufficient to minimize domestic violence, the authors have studied and analyzed all the facts and circumstances regarding those mechanisms. They selected qualitative method and secondary data analysis as their design to conduct the research. In the consequences of this study, the authors have found that despite being many Acts and mechanisms to deter the offenders from committing violence in the family, the number of incidents has not gone down whereas increased. In the understanding of the sufficiency of mechanisms to minimize the rate of domestic violence, national and international mechanisms are needed to be collaborated and required some new techniques for preventing domestic violence.
Bhutan
Tshering, Sonam, ‘The Rule of Law and Legal Controversies: The Impact of Covid-19 in Bhutan’ in Joshua Aston, Aditya Tomer and Jane Eyre Mathew (eds), Comparative Approaches in Law and Policy (Springer Nature, 2023) 101–118 Abstract: Bhutan is considered a nation of happiness and it proved well during COVID-19. While even the developed nations struggled to cope with the pandemic, Bhutan made headlines as one of the successful nations with just over 20 deaths due to COVID-19. However, with three national lockdowns and stringent COVID-19 protocols, this small nation also faced numerous challenges. With the Executive taking over the nation, the impact on the separation of power and the rule of law became the most prominent features of concern. This article provides a brief summary of some of the most controversial legal issues during the pandemic in Bhutan. The article provides an analysis of how the state became powerful and how the rule of law took a back seat in the name of COVID-19 and its possible implications for Bhutan’s future.
Brunei Darussalam
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Teramura, Nobumichi and Salim Farrar, ‘Special Report on Online Legal Education in Malaysia, Brunei Darussalam and Singapore’ (SSRN Scholarly Paper No ID 3918043, 6 September 2021) Abstract: This report compares the development of online legal education in Malaysia, Brunei Darussalam and Singapore, three quite closely linked Asian economies following the English common law tradition. Due to the outbreak of the COVID-19 pandemic in early 2020, these countries all faced pressing needs to shift their legal education to mostly online modes. In Malaysia, where the health and economic consequences of the pandemic were the most salient, universities and institutions have been struggling to deliver online teaching due to the uneven allocation of internet resources among the large population scattered across large and sometimes remote areas. Being instead small but well-resourced states, Brunei and Singapore were well positioned to weather the global pandemic and adopt online legal education. In particular, Singapore is a leader of online legal education in ASEAN, thanks to its advanced ICT infrastructures and outstanding preparedness for online teaching. Both Brunei and Malaysia can learn from the success of Singapore, to become strong players in the field of online legal education.
Cambodia
Oeur, Il et al, ‘Migrating Perils: Covid-19 Restrictions Disparage Cambodian Migrant Workers, Blurring Legal Status Amid Thai Border Closures’ (Analyzing Development Issues Centre Policy Brief vol 1 issue 1, April 2022) Abstract: Cambodian migrant workers continue to face challenges as many live in rural areas with high poverty rates, insufficient job opportunities, low crop yields, and high levels of household indebtedness. These push factors force Cambodian families to weigh meeting basic needs against personal risk as households engage in labour migration, mainly in neighbouring Thailand. Border closures worsen an already precarious journey. As formal points of entry closed, informal brokerage markets emerged. Informal border crossings invalidated migrant travel documents, and in the process documented migrants lost their legal status, becoming undocumented. Children frequently accompany migrant parents and engage in caretaking of siblings or paid light work — the majority of whom (working children ages 5-17) have limited to no access to schooling. Economic hardships from pandemic restrictions drove many to journey back to Thailand, despite health risks and exploitive costs for informal border crossings.
China
Adebayo, Kudus Oluwatoyin, ‘Pandemics and Management of “Dangerous Communities”: Ebola, COVID-19, and Africans in China’ (2023) 75(1) The Professional Geographer 164–174 Abstract: How do we unpack and make sense of anti-African/Black sentiments in the pandemic control and mitigation practices in China? This article responds to the question by drawing a parallel between the experiences of Africans in China during the Ebola virus disease and COVID-19 outbreaks. Focusing specifically on Nigerians as a subsection of the African community in Guangzhou City, China, it explores how the COVID-19-inspired discrimination against Africans reflects much of the experiences of Africans in China during the Ebola crisis of 2014. The article combines sixteen ‘Ebola experience’ data points, obtained from Nigerians in Guangzhou in 2017, with four COVID-19 experience virtual interviews, media reports, and social media archive and netnographic analysis covering April to June 2020. The experiences of Africans in Guangzhou in the early months of the COVID-19 outbreak reflect a patterned response to Africans and Blackness in the context of pandemic in China. The article contributes to the literature by examining the question of racial discrimination and the construction of African immigrant community in China as dangerous within the new geography of Afro-mobilities in East Asia.
Asudemade, Habeeb, ‘COVID-19: Assessing China’s Culpability Through International Law’ (SSRN Scholarly Paper No 4413671, 11 August 2020) Abstract: Sequel to the global emergence of Coronavirus—officially named Covid-19 and originating from China—which has engulfed over 100 countries; thousands of people have lost their lives, millions have lost their livelihoods, and several economies have suffered acute disruptions. Therefore, this essay seeks to analyse China’s culpability for the spread of Covid-19. The essay examines this culpability under international law and, specifically, through the principle of state responsibility. It also considers the fundamental counterarguments against culpability, especially in the light of the general unwillingness of nations to point fingers. In the end, the author finds that while there are certain elements reflecting China’s culpability, the absence of definitive facts impedes a wholesome and air-tight culpability assessment.
Ayalew, Dessie Tilahun, ‘The Application of Force Majeure and Hardship Clauses in Ethiopia and China in Light of International Law in Situations of COVID19 Pandemic: The Law and Practice’ (2023) 4(3) Journal of Marketing Management and Consumer Behavior 1-25 Abstract: COVID-19 pandemic has multiple consequences and knocked multiple disciplines after its occurrence throughout the globe. Among the disciplines touched by the pandemic is the role of law presented as an excuse for the responsibility of non-performance of owing to the pandemic. The COVID-19 pandemic highly affects international commitments, such as international investment contracts and other similar undertakings. Therefore, this paper questioned the status of international law in giving immunities for states for non-performance of international obligations during the pandemic periods. In doing so, the paper tried to compare and contrast the legal system of China and Ethiopia by taking international commercial law as a mirror. The findings revealed that most jurisdictions give immunities for the non-performance of the states’ commitments owing to the COVID-19 pandemic.
Austin, Daniel A and Yu Huan, ‘Bankruptcy in the Time of COVID-19: Special Measures Adopted by the People’s Republic of China Courts During the Period of COVID-19 Prevention and Control’ [2021] International Insolvency Review 1-15 (pre-print, published online 27 September 2021) Abstract: Business bankruptcy in China is governed by the Enterprise Bankruptcy Law (EBL), a national insolvency code enacted in 2007. The EBL contains provisions for business liquidation, reorganization, and compromise of debt. Although adjustment of debt through bankruptcy is far less common in China than in western nations, Chinese courts have established a body of bankruptcy procedures and judicial interpretations that give insolvency in China a measure of predictability and effectiveness. Notwithstanding the EBL provisions, soon after the onset of the pandemic, PRC courts began to adopt ad-hoc rules and guidelines in bankruptcy cases for businesses whose financial woes were caused or exacerbated by coronavirus, or for enterprises that produced medical equipment and supplies to help prevent and control the virus. This paper examines these court measures, explores their political and judicial context, and demonstrates how they produced bankruptcy outcomes that were often significantly different than what would have resulted if the EBL had been applied based on pre-COVID-19 EBL practices. :
Bachmann, Sascha Dov, Doowan Lee and Andrew Dowse, ‘COVID Information Warfare and the Future of Great Power Competition’ (SSRN Scholarly Paper No ID 3749784, 16 November 2020) Abstract: The coronavirus pandemic has ushered in a golden age of information warfare. Russia and China—the two most prominent authoritarian regimes contraposing the liberal, rule-based international order the West has strived to build and promote—have prospered most during the current COVID crisis. We look at the Chinese Communist Party’s (CCP) and Kremlin’s key COVID information warfare characteristics and explore how they are reshaping Great Power competition. We conclude with some suggestions regarding resilience and a joint counterstrategy. :
Bakung, Dolot Al Hasni, Mohamad Hidayat Muhtar and Nabih Amer, ‘Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China’ (2022) 3(1) Batulis Civil Law Review 8–18 Abstract: Covid-19 as a pandemic in the 20th century has brought consequences in many aspects, one of which is the force major aspect. The force majeure policy in Indonesia is still incomplete, unlike China, which already has a more complete policy. The purpose of the research is to be able to find out about the Covid-19 policy in Indonesia and to compare the Indonesian and Chinese force major policy settings. The research method uses a normative research type with a statutory approach. The results of the study show that Indonesia’s policy in dealing with covid 19 has problems in two policies, namely: the provision of information and the Lockdown policy. Meanwhile, the comparison problem with China is better by providing a mechanism with more legal certainty, namely providing access to the determination of force major against the Supreme Court, while Indonesia does not have a similar mechanism.
Bamidele, Olusola, ‘SARS-COV- 2 Pandemic: Evaluating Early Disease Response in Wuhan City, China’ (SSRN Scholarly Paper No ID 3614147, 28 May 2020) Abstract: The ongoing coronavirus disease 2019 (COVID-19) is caused by Severe Acute Respiratory Syndrome coronavirus virus 2 (SARS-COV-2). This virus probably originated from the seafood market in Wuhan City, China, in early December 2019. As of 10 May 2020, it has dispersed rapidly to roughly 200 countries, killing over 280, 000 out of over 4 million infected people worldwide. This article examines an early disease intervention from the onset of COVID-19 on 8 December 2019 to 23 January 2020 in China. Out of other reasons, this study argues that China apparently delayed intervention to COVID-19, and this might have enhanced its diffusion out of Wuhan city. By deploying data from WHO – China COVID-19 report and relevant articles, the study discovered that the inability of Wuhan authority to stop nearly half of its population emigrating for New Year Celebration apparently played a role in the dispersal of the new virus outside Wuhan City. Other studies had focused on the origin, clinical presentation and probable treatment of the new coronavirus. However, this study illuminates the significance of an early response and intervention in the control of epidemics. A focus on Wuhan, China affords us a rare privilege of gauging how first epidemic control could mitigate a full-blown pandemic. :
Bian, Yongmin and Boyang Wang, ‘Wildlife Conservation v. Utilization: Considerations and Trends for China’s Regulatory Position in the Age of Covid’ (2020) 1(1) Opinio Juris in Comparatione 163–195 Abstract: Wildlife Conservation and Utilization has been the main theme of China’s first Wild Animal Conservation Law of 1988 and its amendments. From the early 1950s to the late 1980s, only rare and precious animals enjoyed protection to a certain degree, and the rest of the animals were subject to utilizations or various ‘rational utilizations.’ The 1988 Wild Animal Conservation Law mercifully extended protection to beneficial, economically important or scientifically valuable terrestrial wildlife. The protection of wildlife was defined as a priority over utilization only in the amendment of 2016, 13 years later after the 2003 SARs which was caused by a virus passed to human beings from a species of wild animal. China adopted very efficiently a ban on hunting and eating all terrestrial wild animals after the outbreak of Covid-19. The wild animals finally won the debate between conservation and utilization. This is not only a welcomed improvement for conservation of wild animals in China, but also a great contribution to the conservation of wild animals globally since the trade in wild animals is under strict enforcement now. :
Bigg, Carolyn et al, ‘Facial Recognition Technology: Supporting a Sustainable Lockdown Exit Strategy?’ [2020] (June) Computers and Law 23–32 Abstract: Considers the key aspects of data protection law concerning the adoption of facial recognition technology (FRT) as part of measures to help businesses restart following the COVID-19 pandemic lockdown, focusing in particular on examples in Ireland, Denmark and China. Discusses the more established use cases for FRT and the key considerations on whether its use is lawful. :
Boeing, Philipp and Yihan Wang, ‘Decoding China’s COVID-19 “Virus Exceptionalism”: Community-Based Digital Contact Tracing in Wuhan’ (ZEW - Centre for European Economic Research Discussion Paper No 21–028, 1 March 2021) Abstract: During the COVID-19 pandemic, comprehensive, accurate, and timely digital contact tracing serves as a decisive measure in curbing viral transmission. Such a strategy integrates corporate innovation, government decision-making, citizen participation, and community coordination with big data analytics. This article explores how key stakeholders in an open innovation ecosystem interact within the digital context to overcome challenges to public health and socio-economic welfare imposed by the pandemic. To enhance the digital contact tracing effectiveness, communities are deployed to moderate the interactions between government, enterprises and citizens. As an example, we study the community-based digital contact tracing in Wuhan, a representative case of China’s ‘virus exceptionalism’ in COVID-19 mitigation. We discuss the effectiveness of this strategy and raise critical ethical concerns regarding decision-making in R&D management. :
von Bogdandy, Armin and Pedro Villarreal, ‘Critical Features of International Authority in Pandemic Response: The WHO in the COVID-19 Crisis, Human Rights and the Changing World Order’ (Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No 2020–18, 2020) Abstract: During the COVID-19 pandemic, unprecedented national authority seems the motto of the day, and international authority largely irrelevant. By contrast, the article will show that international authority does play a core role in the global response, and that some governments, by failing to see this, may even be facilitating shifts in the multilateral world order. To this end, the article will first present some essentials to grasp the WHO’s authority, an embattled instance of global governance. It then analyzes three key contributions to the current pandemic response with the respective controversies: Its detailed regulatory framework, its framing of the 2020 health crisis, including its much criticized postponement for a week, and its recommendations on what to do concretely, in particular not to restrict travel which is accused of hindering national governments. The article then moves to two broader questions.The first is how the WHO’s positioning in the clash between more democratic and more authoritarian forces, as it emerges in its recommendations on how to square human rights with quarantines. The second issue relates to its positioning in the current competition between China and the West, in particular the US. :
Chen, Qi, ‘Building a Panopticon Through Nodal Governance: Mass Surveillance and Plural Policing in China’s COVID-19 Lockdown’ (2024) 13(2) International Journal for Crime, Justice and Social Democracy 1–19 Abstract: At one time monitoring over 900 million people, China’s health code system is arguably the most controversial invention of the pandemic. This study explores how the system emerged and its implications for security governance in urban communities. By analysing 9,533 social media posts published during three key weeks, the study revealed that early pandemic responses in China were heavily shaped by private nodes, such as estate management companies, private security guards and homeowners. Homeowners’ demands for extra security clashed with migrants’ and tenants’ demands for mobility. The health code system was presented as a ‘solution’ to these conflicts. The findings of this study highlight the limitations of consumer-driven pluralisation in policing. Such pluralisation offered limited opportunities for democratisation. Instead, the radical pursuit of ‘club goods’ by consumer-denizens reinforced existing inequalities. Entrenched inequalities tempted marginalised social groups to accept ‘indiscriminate’ surveillance, which paved the way for a neo-panopticon. The study also warns against the alliance of state nodes and big-tech companies. Through collaboration, these powerful players can replace political dynamics in the community with data-driven modulation, thus destroying the foundation of nodal governance.
Chen, Vivien and Weitseng Chen, ‘Chinese Investment in Malaysia: COVID-19, Democracy and Beyond’ (2023) Asian Journal of Comparative Law (advance article, published online 25 January 2023) [pre-published version of article available on SSRN] Abstract: China’s rising influence in parts of the developing world has raised concerns among the US and its allies. In the wake of the COVID-19 outbreak, the provision of vaccines and aid to countries in the Global South have further heightened anxieties over the potential for diffusion of China’s ideals. China’s investments are thought to promote the diffusion of its perspectives of rule of law and democracy, posing a challenge to the global dominance of Western liberal democratic values. Nonetheless, few studies have examined how the diffusion of China’s ideals may occur through its investments and infrastructure projects in young democracies such as Malaysia whose governance and legal system significantly outperform China’s according to various global indexes. This article investigates the increasing engagement with China and the reasons for this trend against the backdrop of Malaysia’s legal and political institutions inherited from the West. It considers how young democracies like Malaysia are vulnerable to China’s influence, intentional or unintentional, through investment. The analysis sheds light on the mechanisms that give rise to such vulnerability, exploring how the electoral system and rule of law may facilitate and amplify the impact of Chinese investment, with broader implications. Shared tacit understandings, such as the instrumentality of law and the nexus between state and business, which facilitate cross-country cooperation are also examined.
Cheng, Xiezhong, ‘Soft Law in the Prevention and Control of the COVID-19 Pandemic in China: Between Legality Concerns and Limited Participatory Possibilities’ [2021] European Journal of Risk Regulation (advance article, published 9 February 2021) Abstract: As a previously unknown virus, the spread of the coronavirus challenged not only medical science and public health systems, but also public governance in all countries. In order to tackle the COVID-19 crisis in China, public authorities at various levels have issued a large number of measures, which have no legally binding force, but produce practical effects. A closer look at selected COVID-19 measures in China shows that both the advantages and drawbacks of soft law are brought to the fore by the pandemic. This contribution, focusing on Chinese experiences with COVID-19 soft law, argues that the lack of legal bindingness and consequently of legal enforcement does not make soft law measures ineffective. On the contrary, these ‘defects’ ease the adoption of soft law and ensure its availability to both public authorities and citizens, hence increasing its effectiveness in combatting the pandemic. Yet problems remain in realising participatory possibilities and ensuring the respect for legality. :
Cheng, Yuan (Daniel) et al, ‘Coproducing Responses to COVID-19 with Community-Based Organizations: Lessons from Zhejiang Province, China’ (2020) 80(5) Public Administration Review 866–873 Abstract: Zhejiang Province achieved one of the best records in containing the COVID-19 pandemic in China, what lessons can the world learn from it? What roles do community-based organizations play in its success story? Based on more than 100 interviews during and after the outbreak in Zhejiang, this article provides a roadmap of how community-based organizations were involved in the three distinct stages of Zhejiang’s responses to COVID-19. We recommend that public sector leaders strategically leverage the strengths of community-based organizations in multiple stages of COVID-19 responses; incentivize volunteers to participate in epidemic prevention and control; provide data infrastructure and digital tracking platforms; and build trust and long-term capacity of community-based organizations. :
Chiangi, Michael Aondona, Igwela P Franca and Peres Agari, ‘State Responsibility in the Wake of COVID-19 Pandemic: International Health Law and Human Rights Obligations of China’ (2020) 9(2) Port Harcourt Law Journal 162 Abstract: This article examines the law of state responsibility and its application to the events that have transpired in the wake of COVID-19. China’s delay in reporting the outbreak to the WHO and the discriminatory safety measures employed against blacks in China has raised legal questions affecting state responsibility. Some Scholars have advocated that China should be sued at the International Court of Justice for breaching her obligation under the International Health Regulations 2005 (IHR). This paper argues that this would be futile because there is no causal nexus between the alleged breach of China’s obligation and the spread of COVID-19. Also, China has not expressed consent to the jurisdiction of the ICJ which is required in contentious cases. Again, this paper argues, that the allegations of racial discrimination against China would also be difficult to redress. First, these allegations implicate both Chinese citizens and government officials. Secondly, redress would be before judicial/administrative forums in China, and the independence of such arrangements is questionable. The paper further argues that unlike in Africa, Europe and America, if an applicant is dissatisfied with the domestic remedy, there is no corresponding regional human right arrangement in Asia to which he may resort. :
‘China Bans Wildlife Trade’ (2020) 367(6481) Science 960–960 Abstract: The article offers information on the enforcement of laws governing trade in wild animals, which is believed to be linked to the COVID-19 outbreak as reported by China’s Xinhua News Agency. :
Coglianese, Cary and Neysun A Mahboubi, ‘Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19’ (2021) 73(1) Administrative Law Review 1 Abstract: Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as well as the World Health Organization. Although the pandemic and its consequences remain ongoing problems, this issue seeks to elucidate the regulatory challenges that countries have faced in common, and to compare approaches and distill lessons that might be transferrable across jurisdictions. From the essays in this special issue emerge at least four key lessons. First, it is clear that a global pandemic demands effective national and local governance. Second, regulations must be adaptable and responsive in the face of fast-moving public health threats. Third, emergency executive powers must be limited and subject to oversight and sunsetting. Finally, as much as administrative law can affect countries’ ability to craft effective responses to public health emergencies, responsible public leadership undoubtedly matters most of all. These four lessons can help guide efforts by lawmakers and policy advisors to prepare more nimble and effective regulatory approaches to respond to viral outbreaks and other public health threats. Even when the current global pandemic eventually recedes, the Administrative Law Review’s special issue on national responses to the COVID-19 crisis can provide a basis for reflection and renewed momentum toward strengthening international public health institutions and regulatory cooperation around the world. :
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
Corradetti, Claudio and Oreste Pollicino, ‘The “War” Against Covid-19: State of Exception, State of Siege, or (Constitutional) Emergency Powers?: The Italian Case in Comparative Perspective’ (2021) 22(6) German Law Journal 1060–1071 Abstract: Is the Covid-19 pandemic changing the constitutional-power structures of our democracies? Is this centennial public health emergency irreversibly constraining our liberties? The paper examines recent state-measures of containment during the initial phase of spread of the Covid-19 crisis. It compares primarily the Italian scenario with the Chinese and the American one. It asks whether the measures adopted particularly in the Italian case (known as DPCMs) amount to a state of exception or to a use of emergency powers. Cognizant of the authoritarian risks in severed enjoyments of constitutional rights, the authors conclude that this is not what occurred in the case of solid democracies. At the level of governmental analysis, the ‘decree’ strategy of the Italian DPCMs allude to paternalistic forms of power-exercise that empty the self-determining prerogative of the parliament. :
Costa Moura, Ines, Valeria Wong and Joao Nuno Riquito, ‘Macao: Impact of the Coronavirus in Ongoing Public Contracts’ [2020] (Summer) International Financial Law Review 121–123 Abstract: Discusses negotiations under the law of Macao to modify public procurement contracts which can no longer be performed as originally agreed because of the coronavirus pandemic. :
deLisle, Jacques and Shen Kui, ‘China and COVID-19: An Archetypal Legal and Governmental Response to an Exceptional Challenge’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 43 Abstract: China’s handling of the COVID-19 pandemic reflected long-standing features of Chinese law and governance. The initial troubled response was consistent with incentives created by conflicting or ambiguous allocations of authority and imposition of accountability along fragmented functional, vertical and geographic, horizontal lines – known in Chinese as tiao and kuai. Later measures to control the pandemic showed the system’s formidable capacity to mobilise vast resources and shape citizens’ behaviour, and the absence of legal constraints on regime choices. Legal reforms to address vulnerabilities revealed in the crisis are unlikely to transform basic features of the system.
Eissa, Heidi, ‘The Role of International Health Regulations in Combating COVID-19’ (SSRN Scholarly Paper No ID 3616686, 2 June 2020) Abstract: On March 11, 2020, the World Health Organization (WHO) declared coronavirus (COVID-19) ‘a global pandemic’. It infected nearly 5,568,271 people all over the world and killed more than 350,754 persons from 187 countries to date. The numbers are increasing, and the situation is becoming extremely dangerous.Accordingly, it is only logical to consider the International Health Rules (IHR) to which the largest number of States are subject. These rules should guarantee ways to protect peoples from this pandemic, considering its tremendous spread across borders. Thus, this paper will tackle the enforcement of the IHR and its present and future role in this regard. :
Estrañero, Jumel and Maria Kristina Siuagan, ‘Fulcrum of International Negotiation: Strategic Stakes and Consequence of China, SARS-CoV-2, and South China Sea Dispute in Global Security Order’ (SSRN Scholarly Paper No ID 3590094, 1 May 2020) Abstract: The current Sars-CoV-2 (COVID-19) has been challenging the global security order in unintended negotiation whether to maintain or revamp the status quo of global security order. From the onset on COVID-19 since the last quarter of 2019, it has already presented negotiators with new rules and new players even from the unexpected actors. The pandemic has not only wrecking havoc the economic tendencies of each state but it has definitely showing many parameters of negotiation which have remained fairly constant through the transition (crisis, collation building, mediation, issue linkages, and related factors and indicators). The determination of national interest has been greatly complicated for governments, democratic and non-democratic alike. For the democracies of the world, diplomatic agenda setting is highly subject to strong domestic pulls; for the non-democracies, deliberations are clearly influenced by international and public opinion. In the contemporary process, it is also clear that culture and identity play greater roles in shaping negotiation positions and moves, as manifested in the application of new techniques such as culture-based mediation and track-two facilitation. :
Fang, Yuan and Yan Wang, ‘Online Dispute Resolution under COVID-19: The Practice of Major Arbitral Institutions in China’ in COVID-19 and International Economic Law: China and a Changing World (Academy Publishing, forthcoming, 2022) Abstract: The outbreak of COVID-19 pandemic imposes severe impacts on people’s economic, cultural and social life. In light of dispute resolution, the requirement for social distancing challenges the traditional form of dispute resolution, whereas promotes the implementation of ODR. As a vital component of ODR, online arbitration has been evolving rapidly in China and the rest of the world. The major Chinese arbitration institutions, CIETAC, BAC, SCIA and CMAC, act proactively in response to the challenges arise from COVID-19. Examining the practice of the major Chinese arbitral institutions in accordance with online arbitration rules or provisional guidelines during COVID-19, there are both experiences already gained and lessons to be learned. On one hand, the major arbitral institutions in China obtained experiences through their practice in terms of online case filing, online exchanges of case documents, virtual hearing, partial award, etc.; on the other hand, however, they are also faced with the legal barriers with relevance to the legitimacy of virtual hearing and confidentiality of online arbitration. Compared with the jurisdictions beyond Mainland China with regard to their experiences in online arbitration during or prior to COVID-19, Chinese Arbitration Law is supposed to recognize the legitimacy of virtual hearing and assign less weight to the parties’ consent in the arbitral institution’s determination concerning virtual hearing; and the Chinese arbitral institutions are required to provide more protections related to confidentiality through measures for identity verification and information security. :
Gabore, Samuel Mochona, ‘Western and Chinese Media Representation of Africa in COVID-19 News Coverage’ (2020) 30(5) Asian Journal of Communication 299–316 Abstract: In news production and dissemination, media represent communities, countries, and continents by constructing concepts, images, and identities as viewed by selected information sources. It is often assumed that foreign countries are labelled ‘Others’ by global media and misrepresented. This study aims to explore how differently Western and Chinese media source and frame events in Africa. Comparative content analysis of news coverage of COVID-19 prevention in Africa revealed that Western media used African official, African non-official, and Western non-official channels as information sources whereas Chinese media mainly used African and Chinese official sources. The result demonstrated that Western media covered events in Africa in Conflict, Negativity, Human interest, Impact, Eminence, and Novelty frames in positive, neutral, and negative tones whereas Chinese media covered mainly in Impact, Eminence and Novelty frames mostly in positive tone. Overall, the results suggest that Western media coverage of the events is not predominantly negative; and Chinese media coverage is uncommonly affirmative. The findings also suggest that sourcing shapes frames, tones, and representation of ‘Others’ by news media.
Gao, Hua, ‘Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic’ (2024) 6(1) Scientific and Social Research 71–84 Abstract: The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither the principle of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as the theoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principle of exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in which parallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conducts unfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective of legislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permitting parallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand the accessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautious about permitting the parallel import of ‘repackaged’ pharmaceutical patented products in legislation and law enforcement. Regarding administrative enforcement, the customs should set up special supervision authorities for patent import and export, and standardize the enforcement procedure for parallel import.
Germanò, Marco André et al, ‘Digital Surveillance Trends and Chinese Influence in Light of the COVID-19 Pandemic’ (2023) Asian Journal of Comparative Law (advance article, published online 23 January 2023) Abstract: Countries across the world expanded digital surveillance strategies in response to the COVID-19 pandemic. As the pandemic occurred contemporaneously with a global trend toward greater digital repression, commentators advanced the notion that China would use the health crisis to promote a technology-enabled form of authoritarian governance abroad. This article surveys the evidence for these claims by first examining the literature on the increase of digital surveillance associated with China and then presenting three case studies from developing countries with varying responses to the COVID-19 pandemic. The selected countries – Brazil, South Africa and Vietnam – used surveillance technology as part of their pandemic response and have either been influenced by Chinese approaches or adopted Chinese technology in recent years. Examining these case studies allows us to better understand claims regarding China’s role in the general spread of digital surveillance and the interplay between Chinese state objectives and local political environments. Crucially, we illustrate how China’s engagement in digital governance abroad is heavily contingent on domestic environments. Against a backdrop of China’s growing influence in global digital governance, the effects observed in these case studies of Chinese surveillance models and technology proliferating through pandemic management are diffuse and contextualised by local factors.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Gahlot, Sheetal and Kanwal DP Singh, ‘Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries’ (2024) 17(2) Law and Development Review 331–365 Abstract: The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.
Gupta, Amit, ‘Panda Power? Chinese Soft Power in the Era of COVID-19’ (2022) 10(1) National Defense University Press 40–56 Abstract: China may be one of the few countries in world history that has created an international problem and then, possibly, could gain credit for solving it.
Halabi, Sam and Ana Santos Rutschman, ‘Viral Sovereignty, Vaccine Diplomacy, and Vaccine Nationalism: The Institutions of Global Vaccine Access’ [2021] Emory International Law Review (forthcoming) Abstract: The COVID-19 pandemic has triggered a global vaccine race, and distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. As vaccines are distributed worldwide throughout 2021, this essay analyzes the problem of vaccine access as a critical question in the literature on sources of international law and the influence of those sources. As with past pandemics, research and development capacity is largely concentrated in the wealthy countries of Europe and North America with growing capabilities in East and South Asia. Over the course of 2020, some governments exercised extreme forms of ‘vaccine nationalism,’ refusing to share, or contemplate sharing, COVID-19 vaccines or related knowledge with any populations but their own. Other governments balanced the needs of their domestic populations with regional or global diplomatic objectives. Within this latter category, some governments shared bilaterally as a means of furthering local or international influence while others participated in a multilateral sharing mechanism coordinated by international organizations. Of course, as with past pandemics, the great majority of governments were left without vaccine development and manufacturing capacity, possessed few resources with which to procure vaccines under prevailing commercial circumstances, and were therefore vulnerable and open to overtures from both bilateral and multilateral acquisition sources.This essay aims to explain this unique constellation of vaccine development and access from the lens of international law, focusing on the nascent global governance regime for vaccine research, development, and distribution. As wealthy governments used bilateral contracts, Advanced Purchase Agreements (APA), to secure vaccines for populations in the world’s richest countries, those in poor countries remained at risk. Yet both multilateral and bilateral mechanisms emerged that prioritized vaccine access to those populations, an occurrence arguably at odds with realpolitik conceptions of how and why governments assess their legal options during international emergencies. We explore this dissociation between global public health imperatives and nationalist responses to the pandemic within the frameworks of ‘vaccine diplomacy,’ ‘vaccine nationalism’ and ‘viral sovereignty.’ The essay ultimately argues that, over the course of the last thirty years, a global regime of vaccine access has emerged and, while not yet cohesive or uniform, it has manifested common characteristics through two vaccine-preventable global public health emergencies: H1N1 pandemic influenza and COVID-19. A third, more regional epidemic, Ebola, demonstrated similar characteristics. Even more importantly, this regime has been formed and implemented by international organizations, rather than coordinated through individual governments.Within the broader context of international law scholarship, the essay contributes a significant case of international organizations as international law-makers. The essay focuses on two international agreements — the 2011 Pandemic Influenza Preparedness Framework (PIP), and the 2020 COVAX Vaccines Pillar of the ACT Accelerator (COVAX) — neither of which is a treaty, neither of which codifies customary international law as it would be conventionally defined, but both of which have been negotiated and implemented by international organizations. These organizations include specialized U.N. agencies like the World Health Organization and UNICEF, as well as international organizations technically formed under national law, but which include a broader set of decision-makers, including governments, like CEPI and GAVI. Each agreement represented a legal solution to disputes between high-income countries seeking to hoard medicines for their citizens, and low-income countries seeking greater shares of vaccines manufactured in high-income countries. Yet realizing those agreements depended on the coordinating and facilitating efforts of international organizations, rather than by individual or collective action by governments.The importance of this development is significant not only in the context of sources of international law, but in the relative influence of those sources. ‘Vaccine diplomacy’, the efforts of primarily China, India, and Russia to use access to COVID-19 vaccines for regional or international influence, has been fundamentally shaped by international organizations advocating an international norm of vaccine access codified in multilateral legal instruments. COVAX has conditioned the diplomatic outcomes China, India, and Russia may realize through vaccine dipomacy. The international norm of vaccine access did not emerge because of altruism or self-interest. Rather, it represents a brokered institutional compromise between vaccine nationalism and ‘viral sovereignty,’ the proprietary claims over pathogens by mainly biodiverse countries that limit access to the genetic resources necessary for the development of many therapeutics and vaccines. Without that access, there may be no vaccines and without vaccines there may be no vaccine nationalism. This balance has resulted in consecutive international legal arrangements, mostly facilitated by the World Health Organization, that indicate an interest in collaboration, division of gains from trade, and sustained governance structures: the Pandemic Influenza Preparedness Framework and COVAX. The recurrence of these legal arrangements suggests that in order to save the transaction costs generated by repeated development of ad hoc structures that centralize vaccine distribution, that a permanent facility may be developed. One possibility for such a facility is the Pandemic Influenza Preparedness Framework, adapted to become an all- or most-pathogen sharing international organization. A second possibility has been introduced in light of the COVID-19 pandemic: a Pandemic Treaty that establishes the terms under which pandemic vaccines will be developed and shared in the future.Whatever alternative materializes, this essay is the first to describe the phenomena that have driven the development of international vaccine sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.
Hasmath, Reza et al, ‘Performance Legitimacy and COVID-19: What Are Citizens’ Expectations for Crisis Management in an Authoritarian State?’ (SSRN Scholarly Paper No ID 3615101, Social Science Research Network, 2020) Abstract: Chinese citizens are increasingly concluding that the state alone cannot manage national disasters and emergencies. Leveraging two waves of a nation-wide survey of urban residents, conducted in 2018 and 2020, we find statistical support amongst Chinese citizens for civil society organizations to become more involved in a national crisis such as during COVID-19. The theoretical and practical implications for authoritarian regimes are discussed. Primarily, we suggest that while authoritarian regimes can use crises to gain and retain performance legitimacy, their normal methods of controlling information can thwart these gains. Civil society organizations can assist with this dilemma.
He, Alex Jingwei, Yuda Shi and Hongdou Liu, ‘Crisis Governance, Chinese Style: Distinctive Features of China’s Response to the Covid-19 Pandemic’ (2020) 3(3) Policy Design and Practice 242–258 Abstract: Since the outbreak of the novel coronavirus (Covid-19) epidemic in Wuhan, China has remained under the international spotlight. Despite hostile sentiments toward the country that are still prevalent in many parts of the world, it is clear that China has managed to contain this unprecedented public health crisis reasonably swiftly since the lockdown of Wuhan. What accounts for this ‘success’? What are the experience and lessons that can be learnt by the international community and policy practitioners? This study seeks to reveal China’s highly distinctive style of crisis governance behind its pandemic containment outcome since February 2020. We analyze how the Chinese government was able to mobilize the entire state machinery and all possible resources in this battle. Focus is given to the distinctive features at institutional, strategic, and operational levels, illustrating the country’s style of crisis governance while also drawing necessary caveats.
Hodge, James G and Leila Barraza, ‘Legal Pitfalls In Response to 2019 Novel Coronavirus’ [2020] _Slate - Future Tense, January 24, 2020 (online)_ Abstract: Since its emergence from Wuhan, China in late 2019, novel coronavirus, 2019-nCoV, is spreading rapidly, escalating domestic and international concerns, and leading to calls for emergency declarations. By now one might think that we are globally prepared for these type of threats given the successful control of prior coronaviruses like SARS and MERS since 2002. Yet, as Paules, Marston, and Fauci observe in their JAMA Viewpoint on January 23, 2020, ‘[t]he emergence of yet another outbreak of human disease caused by a [coronavirus] . . . underscores the perpetual challenge of emerging infectious diseases and the importance of sustained preparedness.’ This commentary explores some of these contemporary challenges.
Hong, Yuzhe and Kaiju Chen, ‘The Co-Effect of Law and Morality: On the Legitimacy of China’s Quarantine Measures Against COVID-19’ (2021) 1(2) Communication across Borders: Translation & Interpreting 1–8 Abstract: Over the past few decades, the world has seen the dispute between the modern rule of law and traditional rule of morality, and the conflict of these two models of social governance sharpens during COVID-19. The rule of both morality and law in China, which has been criticized by the western world, was proved to be efficient during the campaign against COVID-19. China’s quarantine measures constitute an important part of China’s anti-pandemic combat. At present, such countries like the USA, the UK, and France, which have failed to respond adequately to the pandemic, are trying to condemn China by doubting the legitimacy of China’s quarantine measures to transfer the domestic public sight and cover up their failure. This paper first presents the legal basis of China’s quarantine measures in established laws. It is found that quarantine measures in China have a valid basis in the Chinese legal system. Employing the theory of Five Regulations of Using Public Power, the author then analyses the legitimacy of the operation of China’s quarantine measures. Based on Confucian theories of sacrificial structure and governance, the author finally reviews and evaluates both the practice and the effect of the rule by morality in China’s public administration.
Hooper, Michael, ‘Fighting A Pandemic According to Law: Examining the Legality of Key Elements of China’s Early Covid-19 Response in Wuhan’ (2021) 48(2) University of Western Australia Law Review 330–351 Abstract: Scholars remain divided over the meaning of rule of law in China. In this context, the Chinese state’s response to COVID-19 provides insight into the role of law in emergencies in China. This article describes the debates surroundingChina’s rule of law claims;some of the most well-known pandemic control measures taken in Wuhan during the earlyoutbreak, including the case of Li Wenliang and the Wuhan lockdown; and the legal basis for those measures.
Huang, Jie (Jeanne), ‘COVID-19 and Applicable Law to Transnational Personal Data: Trends and Dynamics’ (Sydney Law School Research Paper No 20/23, 2020) Abstract: The recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveller was illegally released by Chinese media, the paper identifies that three trends have emerged at the each stage of conflict-of-laws analysis for lex causae: (1) the EU, the US, and China characterize the right to personal data differently, (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum, and (3) the EU and China strongly advocate de-Americanisation of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the forum law. Second, currently there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests, but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organisations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.
Huang, Jie (Jeanne), ‘Preventing COVID-19 and Protecting Personal Information in China’ (2020) 17(3) Privacy Law Bulletin 34–36 Abstract: The recent COVID-19 outbreak has pushed the tension of protecting personal information in a transnational context to an apex. Using a real case where the personal information of an international traveller is illegally released by Chinese media, the article analyses Chinese law for personal information protection in the context of the COVID-19 pandemic.
Jia, Peng and Shujuan Yang, ‘China Needs a National Intelligent Syndromic Surveillance System’ (2020) 26(7) Nature Medicine 990
Jiang, Feng and Chuanyu Xie, ‘Roles of Chinese Police Amidst the COVID-19 Pandemic’ [2020] Policing: A Journal of Policy and Practice Article paaa071 (advance article, published 28 December 2020) Abstract: This article provides an overview of frontier issues of policing in China by examining the roles of police during the pandemic. It starts with a short introduction to the challenges and overall performance of China in keeping social order in the context of coronavirus disease (COVID-19). Then, it outlines four major missions the Chinese police have pursued, each with a sketch of what has been done and how law enforcement officials have managed to achieve their goals. It follows with a further insight into their strategies in social control in connection with the latest reforms on policing. Finally, it concludes briefly with features of Chinese policing.
Jiang, Jue, ‘A Question of Human Rights or Human Left? The “People’s War against COVID-19” under the “Gridded Management” System in China’ [2020] Journal of Contemporary China (forthcoming) Abstract: The ‘gridded management’ system is officially highlighted as playing a key role in China’s combat against COVID-19. Relying largely on the Maoist ideology of the ‘Mass Line,’ this system appears to effectively mobilize the people at the most grassroots level in the ‘war against COVID-19.’ This article, drawing upon a critical examination of this ‘People’s War’ from a Foucauldian governmentality perspective, discusses the violation of human rights and dignity and argues that the violations are inherent in the binary and utilitarian ideology of the ‘Mass Line’ deployed by the mobilizational party. As this methodology is embedded in China’s social management agenda raised by Xi Jinping in 2017, this article sheds crucial light on the ‘Chinese vision of human rights’ and China’s governance model today.
Keitner, Chimène, ‘Testimony of Chimène Keitner Before the Senate Judiciary Committee on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability”’ (SSRN Scholarly Paper No ID 3662634, Social Science Research Network, 28 July 2020) Abstract: On June 23, 2020, the Senate Judiciary Committee held a hearing Committee on ‘The Foreign Sovereign Immunities Act, Corona-virus, and Addressing China’s Culpability.’ This document contains the written testimony of Professor Chimène Keitner, as well as responses to 39 questions for the record posed by members of the committee. Professor Keitner’s opening statement emphasized three main points. First, the United States has more to lose than any other country by removing the shield of foreign sovereign immunity for a pandemic. Second, private litigation will not bring China to the negotiating table, and it will not produce answers or compensation for U.S. victims. Instead, Congress should focus on the inadequate federal response to COVID-19, and on restoring U.S. leadership in global public health. The questions for the record covered issues including the FSIA, other obstacles to obtaining damages from civil suits, the consequences of domestic suits against foreign states, alternative methods for pursuing accountability, U.S. exposure to litigation risk, discovery of U.S. government records in cases against China, regulating live wildlife markets and the international wildlife trade, and President Trump’s praise of China’s COVID-19 response.On July 20, Senator Martha McSally (R-AZ) and seven Republican cosponsors introduced a new bill entitled the ‘Civil Justice for Victims of COVID Act’ that combines features of previous bills introduced to amend the Foreign Sovereign Immunities Act (FSIA) ‘to strip foreign sovereign immunity of certain foreign states to secure justice for victims of novel corona-virus in the United States.’ A business meeting to consider the bill, along with several judicial nominations, was scheduled for July 30.
Kim, Yi Seul, ‘The Need to Reconceptualize Wild Animals Post-COVID 19: Miscoordination of Wildlife Regulations in China’s Food Legal Order’ (2023) 40(4) Pace Environmental Law Review 576–622 Abstract: Today, China is one of the largest markets for wild animal trading. Yet, wild animals are in a regulatory grey area. There is an increasing need to revisit how wild animals are simultaneously but differently regulated in the food and wildlife protection regimes. Rarely do attempts to understand these two regimes occur, making this article’s analysis of miscoordination in these bodies of law crucial in addressing the hindrance of nationwide food safety improvement efforts.
Kriegler, Yun, ‘Wuhan: The Chinese City Few Had Heard of Has More Lawyers than You Think.’ [2020] Lawyer (Online Edition) 1 Abstract: The article reports on growth of legal services market in Wuhan, China. Topics include considered that the firm lawyers are not required to return to the office until 16 February 2020 in line with the local regulation on extended spring festival holiday; and demonstrate the increasing number of enquiries from corporate clients on the potential issues and disputes related to labor law and contracts due to the disruptions caused by the coronavirus crisis.
Larkin, Jr, ‘Suing China Over COVID-19’ (2020) 100 Boston University Law Review Online 91–116 Abstract: On April 21, 2020, the state of Missouri filed a lawsuit in federal court against the People’s Republic of China and various other parties. The lawsuit seeks damages from the defendants for their role in unleashing the COVID-19 pandemic, an action that, as the state has alleged, roiled the world for the last two months, put millions of people out of work, and killed thousands in the process. According to the complaint, Chinese authorities pursued ‘[a]n appalling campaign of deceit, concealment, misfeasance, and inaction’ causing our current ‘unnecessary and preventable’ global pandemic. The threshold issue is whether Missouri can sue under the Foreign Sovereign Immunities Act of 1976 (FSIA). Missouri’s lawsuit does not look promising under current law. Missouri claims that China has engaged in ‘commercial activities’ that allow this suit to go forward, but Missouri’s alleged injuries are not ‘based upon’ those activities, as the FSIA requires. Missouri also alleged that it can sue China in tort for their response to the virus, but the FSIA does not allow foreign governments to be sued for their ‘discretionary functions,’ even when they abuse that discretion. Missouri alleges that the Chinese Communist Party is the ultimate authority in China, but does not allege that it lacks discretion over choosing its response to COVID-19. Missouri therefore has an uphill climb to avoid dismissal.
Li, Qi, ‘State Regulation, Pandemic, and Africans in South China’ [2020] Conflict, Justice, Decolonization: Critical Studies of Inter-Asian Societies 1–9 Abstract: During the Covid-19 pandemic, African nationals were maltreated in Guangdong Province, China. African students and business people were forced to undergo additional quarantine and nucleic acid tests. Meanwhile, they were unwelcomed on the street, at their places of work and even their accommodations. In contrast to the pro-Africa diplomatic policy of the state authority, the discriminative treatment that African nationals received in China reflects a hybrid ideology of Chinese nationalism, racism, and patriarchy. Sino-African relations in Chinese society are deteriorating.
Li, Weian, Yaowei Zhang and Qiankun Meng, ‘Urgent Problems and Countermeasures of Emergency Governance System under COVID-19 Outbreak’ 35(3) Bulletin of Chinese Academy of Sciences 235–239 Abstract: The outbreak of COVID-19 is a great test of the effectiveness of the modern governance system and ability. Faced with the epidemic, to straighten out the emergency governance system of government governance, social governance and corporate governance initiated by severe public health emergencies is the key to deal with the crisis. This study puts forward the top-level design principle, borrowing principle, classification governance principle, cost sharing principle, and disclosure principle to be followed in the smooth running of emergency governance system, points out the weaknesses of emergency governance system which should be strengthened, and proposes the corresponding suggestions and measures in the critical period of epidemic response, so as to improve the effectiveness of the governance system.
Lim, Darren J and Nathan Attrill, ‘Australian Debate of the China Question: The COVID-19 Case’ [2021] Australian Journal of International Affairs (pre-published article, published 8 June 2021) Abstract: Debate within Australia regarding the bilateral relationship with China is complex, contentious and often lacks clarity. Informed by basic international relations theory, we identify two dividing lines within this debate. First, whether understanding China’s behaviour is most effectively done through a unitary actor framework, or whether it is essential to look inside the ‘black box’ of the Chinese party-state. Second, whether one is more concerned about the ‘Thucydides trap’ or ‘Munich’—that is, are the consequences of an overreaction or an underreaction more concerning when interpreting China’s intentions and responding to perceived threats. These dividing lines generate four ideal-type policy viewpoints that we label Balancers, Hedgers, Engagers and Reformers, and apply in the Australian context. We then overlay our framework onto the public debate in Australia, selecting a specific bounded case study: commentary and analysis concerning China’s behaviour throughout the COVID-19 pandemic of 2020, in particular responding to Australia’s call for an international inquiry. Our objective is to progress an often circular debate by offering an accessible frame that clarifies and synthesises fundamental disagreements.
Liu, Qian, ‘“Kill the Chicken to Scare the Monkey”: Heavy Penalties, Excessive COVID-19 Control Mechanisms, and Legal Consciousness in China’ (2023) 45(3) Law & Policy 292–310 Abstract: This study analyses the legal consciousness of Chinese citizens during the COVID-19 pandemic when the authoritarian state invoked heavy penalties to deter noncompliance with its excessive COVID-19 restrictions. China used the approach of ‘killing the chicken to scare the monkey,’ publicly punishing those who violated restrictions in order to deter noncompliance. This article explains why ordinary citizens supported this selective application of the law, as well as how the possibility of being the ‘chicken’ contributed to their compliance (or noncompliance) with excessive COVID-19 restrictions. It suggests that the uncertainty and unpredictability of law in the authoritarian state bred fear, which then led to compliance, regardless of the lack of procedural fairness. People’s dissatisfaction with the rules, however, led them to tolerate and even support the noncompliance of people they trusted.
Lin, Qianyang, Wenying Zhang and Zheng Weihua, ‘The Dilemma of Law Education Reform in China in the New Normal of COVID-19’ (Proceedings, International Conference on Education, Humanities, and Management (ICEHUM 2022), 2023) 105–115 Abstract: With the beginning of the ‘Internet+’ era, virtual reality, extensive data analysis, blockchain, and artificial intelligence pose significant threats to the judicial system. This paper discusses methods by which attorneys can respond swiftly to threats. In the rule of law education, for instance, blockchain technology has made curriculum reform and innovation more challenging, requiring professors to move promptly. This paper examines how the widespread COVID-19 has accelerated the development of online courses that circumvent the difficulties of traditional classroom instruction. This paper’s primary argument is that most legal education in the future will be a combination of conventional classroom and online learning. The ‘Three-level structure’ is also how the law school field is improved and kept current at present. Here, traditional classroom instruction is the foundation, the network is the medium level of IT integration, and online education represents the highest level. The data collection was also utilized to modify how law students attend classes. In addition, the paper also suggests that law-focused universities should use a method that combines traditional law and intelligent technology to develop new training and teaching methods. Use extensive data analysis and Internet information technology in educational research, and offer new courses such as internet law, artificial intelligence law, and big data law.
Liu, Qiao, ‘COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts’ (2020) 8(2) Chinese Journal of Comparative Law 485–501 Abstract: This comment highlights major civil or commercial (mostly contract) law provisions in 23 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of the COVID-19, and assesses the significance of key changes that they make to the pre-pandemic law. It concludes by noting the increased role of the doctrine of the change of circumstances and the ‘contract purpose’ test, the emphasis placed on consensual solutions (by way of mediation and contract re-negotiation), and the flexibility and relatively clearer guidance afforded to lower courts in their adjudication of contract disputes arising in connection with the COVID-19.
Liu, Qiao, ‘Force Majeure or Change of Circumstances: An Enduring Dichotomy in Chinese Law?’ (City University of Hong Kong School of Law Legal Studies Research Paper No 2022 (2)–007, 12 December 2022) Abstract: This chapter explores the unbalanced interrelationship between the twin doctrines of force majeure and change of circumstances under Chinese law. It examines key judicial documents and cases, as well as legislative materials (including the Chinese Civil Code), and identifies two factors which not only have contributed to Chinese courts’ excessive reliance on the doctrine of force majeure, but have also plagued this area of Chinese law with dogmatism, arbitrariness and utter whimsy. Such factors comprise a general tendency to categorically characterise a supervening event as force majeure and Chinese courts’ misinterpretation and unwarranted extension of the ‘cannot perform’ test. Through a comparison of the differing judicial approaches to SARS and COVID-19 cases, this chapter suggests that the above tendency should give way to an approach which places the impact of the event on contract performance at the centre of the inquiry and that a broad interpretation of ‘cannot perform’ should be adopted with ‘exemption of liability’ being restored to its proper meaning.
Lu, Lerong and Alice Lingsheng Zhang, ‘Regulating Fintech Corporations Amidst COVID-19 Pandemic: An Analysis of Ant Group (Alipay)’s Suspension of IPO and Business Restructuring’ (2021) 42 Company Lawyer 341–343 Abstract: The COVID-19 pandemic has accelerated the growth of digital economy and fintech companies, as more people tend to use online or APP-based financial services. This article discusses the regulation of fintech businesses during the pandemic, by using Ant Group as an example, when Chinese regulators aim to eliminate the regulatory arbitrage and prevent excessive financial risks.
Ma, Yong and Xiaolin Zhang, ‘Scientific Uncertainty and the Challenges of Applying Criminal Law: Lessons from China’s COVID-19 Response’ (2024) 10(14) Heliyon (article e34777) Abstract: This study addresses the complexities of applying criminal law during public health emergencies, particularly under the shadow of scientific uncertainty, and explores the challenge of balancing public health protection with individual rights. The primary aim is to dissect the application of criminal law in the context of the COVID-19 pandemic in China, focusing on the impact of scientific uncertainty on legal decision-making and the efficacy of criminal law interventions in public health crises. This study utilized a doctrinal method combined with case studies, integrating theoretical frameworks on risk and uncertainty with an analysis of China’s legal responses to COVID-19. It involved assessing legislative and policy documents alongside judicial decisions, focusing on their alignment with evolving scientific understanding and public health strategies. The study reveals significant hurdles, including the limitations of empirical rules in judicial judgments, the emergence of technocratic bureaucracy, and the complexities surrounding risk mitigation and legal attribution under uncertain conditions. It highlights the inadequacy of traditional criminal law mechanisms to respond dynamically to the evolving landscape of public health emergencies. To address these challenges, the study recommends the development of temporary criminal legislation tailored to public health emergencies, the adoption of risk-based criminal law approaches, and the refinement of individualized risk assessment procedures. These measures aim to provide a more flexible and effective legal framework capable of safeguarding public health while ensuring the protection of individual liberties during crises.
Mazzuoli, Valerio de Oliveira, ‘International Responsibility of States for Transnational Epidemics and Pandemics: The Case of COVID-19 from the People’s Republic of China’ (2020) 23 Revista de Direito Civil Contemporâneo 1–36 Abstract: This research addresses the possibility of state responsibility for transnational epidemics or pandemics, especially focusing on COVID-19 as a case study – a pandemic originated in the People’s Republic of China. To that end, this article analyzes this issue grounded on international health regulations together with the Constitution of the World Health Organization to be able to assess whether these rules are binding on the Member States. Furthermore, this article analyzes case laws from the International Court of Justice, and the feasibility of filing legal procedures against China before this U.N. Court for not informing the international society in due course about an impending COVID-19 pandemic.
Mazzuoli, Valerio de Oliveira, ‘Is It Possible to Hold China Responsible in the Case of COVID-19?’ (SSRN Scholarly Paper No ID 3597799, 1 May 2020) Abstract: In this article I will summarize the arguments I developed in a more complete study, already published online (at SSRN: https://ssrn.com/abstract=3584944). Its purpose is to determine whether, in the light of public international law, there is state accountability for the thousands problems that occurred worldwide as a result of COVID-19. Thus, would the law of nations provide any mechanism to hold the Chinese government accountable if proven that it has not taken the necessary precautions to prevent the spread of the new Coronavirus? Are there international norms and case-laws addressing these issues?
Mei, Ciqi, ‘Policy Style, Consistency and the Effectiveness of the Policy Mix in China’s Fight against COVID-19’ (2020) 39(3) Policy and Society 309–325 Abstract: As the first country stricken by the COVID-19 pandemic, China deployed a policy response that was chaotic at the start but effective in the end. A complete account to explain China’s COVID-19 experience should explain both. By examining policy changes in China’s fight against the pandemic, I show that pandemic as an exogenous shock invalidated the normal policy logics followed by multiple policy actors, resulting in policy inconsistency and chaos. A policy mix comprised traditional measures, i.e. strict community lockdown, cross-jurisdictional mobilization of resources and officials’ sanction contributed to the eventual effectiveness of China’s response to the pandemic. I argue that the policy mix during crises should conform with rooted national policy style to be consistent and effective.
Miao, Michelle, ‘Coded Social Control: China’s Normalization of Biometric Surveillance in the Post-COVID-19 Era’ (2023) Washington Journal of Law, Technology & Arts (forthcoming) Abstract: This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded, and normalized use of tools that were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their functional transformation from epidemiological risk assessment tools to instruments of behavior modification and social governance heralds the emergence of a Data Leviathan. This transformation is underpinned by a duality of underlying political and commercial forces. These include 1) a structural enabler: a powerful alliance between political authorities and tech giants and 2) an ideological legitimizer: a commitment to collective security over individual autonomy. In contrast to the rights-centric approach embraced by Western democracies to regulate AI-driven biometric surveillance, China adopts a state-industry dominance model of governance.
Mulrenan, Stephen, ‘China’s Belt and Road Initiative Faces Major Challenges’ (2020) 74(3) IBA Global Insight 26–33 Abstract: China’s transformation from developing economy to powerhouse status ranks among the most dramatic stories of the 21st century, with the Belt and Road Initiative its latest chapter. But serious concerns over the government’s treatment of the Uighurs and human rights, and the devastating outbreak of Covid-19, threaten to derail the country’s ambitious project.
Nguyen, Xuan-Thao, ‘Contract as Emergency Law’ (2021) 30(3) Washington International Law Journal 420–469 Abstract: This Article offers a new perspective of contract law as emergency law. Doctrines of impossibility, supervening events, force majeure, and good faith performance are core principles resiliently allowing parties to address contract nonperformance under state of emergency crises. Comparatively, China prefers drastic measures to confront contract nonperformance problems by issuing Certificates of Force Majeure, permitting Chinese companies to escape contract liability and forfeiting the resiliency of contract law as emergency law. The Article argues that the pandemic reaffirms the role of contract law as emergency law and urges governments to solidify the freedom to contract.
Nian Yang et al, ‘Permanently Ban Wildlife Consumption’ (2020) 367(6485) Science 1434–1435 Abstract: The article discusses the role of China’s wildlife market in the spread of the coronavirus disease and mentions the wildlife protection law which should be revised by the Chinese legislature.
Nwafor, Gloria C and Anthony O Nwafor, ‘Covid-19 Implications on Right to Healthcare in Nigeria and China’ (2021) 25(9) International Journal of Human Rights 1489–1502 Abstract: The quest by states to contain the spread of the Covid-19 has led to the adoption of extraordinary measures to deal with the extraordinary situation. Some of those measures have the tendency to impact on the citizens’ right to healthcare as protected by the domestic laws of such states and by the relevant international instruments. The paper examines the impact of the responses by the governments in Nigeria and China to the Covid-19 pandemic to ascertain the extent to which the right to healthcare of citizens are respected, and concludes that the governments in the respective countries failed to fulfil their obligations to their citizens.
Okediya, Peter, ‘China Coronavirus Bioweapon Conspiracy Theory: The Application of International Humanitarian Law by States’ (SSRN Scholarly Paper No ID 3614166, 18 May 2020) Abstract: Rumors are circulating about China’s deliberate plan to make the Coronavirus a bioweapon. These rumors cannot be discountenanced because the science and technologies designed for benign purposes can also be misused. The response of IHL to an unproven rumor is mainly conducting investigations to ascertain the validity of the rumors. However, if it later turned out China deliberately contemplated the Coronavirus to be a biological weapon as an attack against any country, the response of IHL lies in various statutory instruments and retaliatory actions from other States. More options available to indivduals and States are explained in this publication.
Ouyang, Weimin, ‘Research on the Legal Regulation of Personal Information Protection and Utilization in the Prevention and Control of COVID-19 Epidemic’ in 2020 6th International Conference on Social Science and Higher Education (ICSSHE 2020) (2020) 748–752 Abstract: In the prevention and control of COVID-19 epidemic in China, big data technology provides crucial scientific and technological support. Big data technology, on the one hand, played a huge role in the key issues of the prevention and control of COVID-19 epidemic that quickly identify potential infections, on the other hand, because China’s laws and regulations are not sound on the protection and utilization of personal information, there are legal obstacles in the collection, utilization and sharing of personal information. It is not conducive to making full use of personal information in prevention and control of COVID-19 epidemic. To this end, this paper combed the relevant laws and regulations on the protection and utilization of personal information in China, especially the laws and regulations on the protection and utilization of personal information under the situation of epidemic prevention and control, studied the complex legal relationship between them, and proposed promulgating the Personal Information Protection Law, as a long-term mechanism, to construct China’s legal standard system for the protection and utilization of personal information, and proposed that the National People’s Congress of China should issue an emergency bill according to the work needs, giving the government the power to deal with emergencies.
Pang, Dongmei and a Jiahui Ma, ‘Criminal Law Regulation of Criminal Acts Involving COVID-19 Epidemic’ 13(1) Vestnik of Saint Petersburg University. Law 181–205 Jurisdiction: China
Abstract: On the eve of the 2020 Spring Festival, the new coronavirus pneumonia broke out, normal social order was affected, and crimes involving the epidemic increased. On February 6, 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued ‘Opinions on Punishment of Crimes Obstructing the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic According to Law’, which clearly stipulates nine types of crimes that hinder the prevention and control of the epidemic. In order to clarify and solve some outstanding problems of inconsistent understanding of the application of laws in the practice of epidemic prevention and control, the Supreme People’s Procuratorate selected cases that accounted for a large portion of cases, reflected many problems, and urgently required practical practices; they then issued ten batches of ‘Typical Cases of Crimes Obstructing the Prevention and Control of the New Coronary Pneumonia Epidemic by Procuratorial Organs across the Country’. This article is mainly based on the ‘Prosecutors across the country handle typical cases of crimes obstructing the prevention and control of the new crown pneumonia epidemic in accordance with the law’, analyzing economic and property crimes, crimes that disrupt the order of social management, and crimes that endanger public safety.
Parvin, Gulsan et al, ‘Media Discourse About the Pandemic Novel Coronavirus (COVID-19) in East Asia: The Case of China and Japan’ (SSRN Scholarly Paper No ID 3603875, 18 May 2020) Abstract: Irrespective of the nations and media, from 20 January 2020 to the date, the term ‘coronavirus’ is uttered and or written most frequently. Recent emergence of this coronavirus related disease, which is called COVID-19, first reported from Wuhan city of the capital of Hubei Province of China (mainland) during December 2019, and this virus has caused today’s pandemic. As of 14 April 2020, this pandemic has affected 1,925,811 persons across 232 countries and territories. Not only every sectors of all these affected countries are concerned to the pandemic but also all sorts of medias are imposing their hughest concerns to present news, perceptions and opinions related to the outbreak. Notably, the English version of e-newspapers of affected countries played a pivotal role in informing the world about the spread and infection, preparedness and awareness situation, institutional efforts and such other critical issues. During this pandemic created by COVID-19, how English version of e-newspapers of first two affected countries,China and Japan, which are not English speakimg and have different socio-economic and political settings, have highlighted their news and informed global communities are essential to analyze. It is now well known that COVID-19 has imposed high impacts on every aspect of our lives. Health, society, economy, politics, environment, sports, technology, and media all are now somehow shaped by the outbreak of COVID-19. How experts’ thoughts and perceptions published in newspapers are highlighting, and developing these aspects of our lives is crucial to understand. Therefore, this paper aims to explore the thoughts and highlights presented by the two leading English newspapers in China and Japan from January to March. Within three months, both in China and Japan media shifted their focuses from health and preparedness to economy, politics and social welfare. However, the shift and focus were different in China and Japan. Governance and social welfare were key concerns of China; in contrast, global politics received the highest attention by the experts of Japan`s newspaper. Understanding and analysis of this study can give guidance to other countries’ news media to play effective roles to manage health crisis. It also offer direction to the leading media to shape their role and contribution to society and policy making during crisis and catastrophe.
Pesapane, Filippo et al, ‘Legal and Regulatory Framework for AI Solutions in Healthcare in EU, US, China, and Russia: New Scenarios after a Pandemic’ (2021) 1(4) Radiation 261–276 Abstract: The COVID-19 crisis has exposed some of the most pressing challenges affecting healthcare and highlighted the benefits that robust integration of digital and AI technologies in the healthcare setting may bring. Although medical solutions based on AI are growing rapidly, regulatory issues and policy initiatives including ownership and control of data, data sharing, privacy protection, telemedicine, and accountability need to be carefully and continually addressed as AI research requires robust and ethical guidelines, demanding an update of the legal and regulatory framework all over the world. Several recently proposed regulatory frameworks provide a solid foundation but do not address a number of issues that may prevent algorithms from being fully trusted. A global effort is needed for an open, mature conversation about the best possible way to guard against and mitigate possible harms to realize the potential of AI across health systems in a respectful and ethical way. This conversation must include national and international policymakers, physicians, digital health and machine learning leaders from industry and academia. If this is done properly and in a timely fashion, the potential of AI in healthcare will be realized.
Poorhashemi, Abbas, ‘Can China Be Sued under International Law for COVID-19?’, Jurist (21 May 2020) Abstract: Under the immense human and economic loss caused by the COVID-19 pandemic, some countries have mentioned that they are willing to file lawsuits against China. Do they have any basis for filing a lawsuit? In the current state of international law, is the claimant State required to prove negligence or breach of a international legal duty to receive any compensation from China?
Qiao, Shitong, ‘Cooperating to Resist: Society and State during China’s COVID Lockdowns’ (Duke Law School Public Law & Legal Theory Series No 2023–59, 18 September 2023) Abstract: China’s lockdown during the COVID-19 pandemic was widely considered a stark demonstration of the unconstrained power of an authoritarian state. Yet this power may not be as limitless as it appears. This article, the result of extensive fieldwork encompassing over ninety interviews and on-site visits to Chinese cities, primarily focusing on Shanghai and Wuhan, where the most significant lockdowns occurred, delves into the intricacies of the Chinese party-state’s response to the pandemic. It offers a unique perspective on the constraints that societal forces impose on the party-state’s exercise of power and, in doing so, challenges conventional wisdom. While the Chinese Communist Party (‘CCP’) touted its COVID-19 response as a testament to the robustness of its institutions, critics pointed to the widespread infringement of individual rights and the suffering endured during China’s pandemic lockdowns. However, one aspect has been largely overlooked: the role of society itself. This study uncovers the hitherto unexamined role of society in monitoring and resisting the party-state’s encroachments on individual rights during the pandemic, a phenomenon I term ‘cooperating to resist.’ My research reveals the state’s inherent limitations in enforcing neighborhood lockdowns and providing essential services to locked-down communities. Crucially, I demonstrate that the cooperation of citizens, particularly homeowners, was indispensable to the state’s ability to maintain its COVID-19 control measures. Yet, this cooperation was not without its implications. When homeowners, who had been willing partners of the government, invoked legal narratives to voice their concerns, the government found itself compelled to respond. This interdependence between the government and homeowners unveils a dynamic where dependence begets power, challenging the prevailing narrative of China’s ‘strong state, weak society.’ It also offers fresh insights into the dynamics of power and legality in authoritarian regimes and casts new light on the relationship between property rights and sovereignty. In an authoritarian regime, property law emerges as a sanctuary of resistance for citizens. In essence, this study not only redefines the state-society relationship in authoritarian contexts but also has far-reaching implications for our understanding of emergency governance. As we navigate a changing world, it reminds us that even in the face of seemingly unassailable state power, the interplay between society and the state can usher in a new paradigm of cooperation and resistance.
Qin, Tianbao, Chen Cheng and Chani Koth, ‘China’s Legal Response to COVID-19’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 11–20 Abstract: After the outbreak of COVID-19, China quickly adopted a series of response measures. New laws and policy documents have been introduced in the legislation. These laws and documents cover all aspects of compulsory isolation, market regulation, economic recovery, and people’ s livelihood protection. In terms of implementation of laws and policies, law enforcement agencies help enterprises resume production and work, they use technological methods to implement laws and policies, and focus on strengthening law enforcement and supervision in areas such as public health and medical health. The Chinese judicial organs have clarified the common charges of crimes involved in the pandemic, attached importance to civil dispute resolution, issued guiding cases, and implemented online litigation. China conducted communication and cooperation with the international community, shared information as soon as possible, and actively fulfilled its obligations under international law. China’ s experience can be used for reference by other countries.
Quirk, Sean P, ‘Lawfare in the Disinformation Age: Chinese Interference in Taiwan’s 2020 Elections’ (2021) 62(2) Harvard International Law Journal 525–567 Abstract: Despite an aggressive disinformation campaign from the People’s Republic of China (‘PRC’), Taiwan effectively countered false information coming from the PRC and maintained the integrity of its January 2020 elections. Political warfare between the PRC and Taiwan (the Republic of China) stretches back decades. However, the digital age has catalyzed the range and effectiveness of ‘disinformation’—the dissemination of false information with the intention to deceive public opinion. During Taiwan’s 2020 elections, PRC disinformation centered on the political unrest in Hong Kong and sought to sway Taiwanese public opinion toward candidates that were sympathetic to Beijing. Taiwan mounted a robust self-defense against this disinformation through a whole-of-society approach: factchecking by civil society organizations, government-sponsored education for media literacy, and a technology sector that actively curbed inauthentic behavior online. Taiwan’s legal responses to PRC disinformation also demonstrate how specific legislation can counter the spread of rumors domestically and discourage interference from abroad. These lawfare mechanisms included Taiwan’s libel laws, ‘fake news’ regulations, and the Anti-Infiltration Act.Taiwan’s 2020 elections offer a glimpse into the frontlines of disinformation and the novel social media strategies that authoritarian regimes like the PRC use to influence public opinion in democracies. The story of Taiwan’s elections also shows the potential resiliency of democracy in the face of authoritarian disinformation and the possible legal recourse to counter foreign interference. Amid rising election interference and a U.S.-PRC propaganda war surrounding the COVID-19 pandemic, the world urgently needs these lessons.
Raposo, Vera Lucia, ‘Can China’s “Standard of Care” for COVID-19 Be Replicated in Europe?’ (2020) 46(7) Journal of Medical Ethics 451–454 Abstract: The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate measures that affect the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen.
Raposo, Vera Lucia, ‘The Struggle against the COVID-19 Pandemic in Macao’ [2020] (1S) BioLaw Journal / Revista di BioDiritto 747 Abstract: Extract from Introduction: Unlike the tragic scenarios experienced in other regions, Macao keeps the infection controlled given that the Macao government has adopted efficient and suitably targeted measures against the CoViD-19 pandemic. Contrary to other countries where a declaration of the state of emergency is required to take further action, namely, to provide a legal basis to suspend individual rights and guarantees, such a drastic measure was not necessary in Macao. In the aftermath of the SARS epidemic of 2002- 2004 Macao, created a proper legal framework to deal with health crisis, Law n. 2/2004 (Law on the Prevention, Control and Treatment of Communicable Disease). All measures taken to deal with the pandemic come in the form of decisions of the Chief Executive, the highest executive authority in Macao (therefore, they are administrative decisions), and are legally grounded in Law n. 2/2004.
Renninger, Philipp, ‘“Federalism, Chinese Style”? Or: How to Contain COVID-19 Through a Central-Local Chess Game’ (SSRN Scholarly Paper No ID 3848784, 14 May 2021) Abstract: China’s central-local relations are often characterized as ‘federalism, Chinese style.’ However, the People’s Republic legally and politically rejects federalism. Instead, central-level leaders have constructed a unitary and democratic centralist system – and yet at the same time demand public policy not to ‘cut with one knife’ but to treat ‘the whole country as a chess game.’Such chess-game tactics also prevail during the current COVID-19 pandemic. This particularly holds true for coronavirus crisis management in the pandemic’s first epicentre, Wuhan city. On China’s central-local ‘chess board,’ there are ‘chess pieces’ of the state and the Communist Party. They have been supplemented by newly created mixed party-state organs like Wuhan’s Headquarters for COVID-19 Prevention and Control. With these chess pieces, central-level leaders perform three different vertical-horizontal ‘chess moves.’These chess moves control local units not through the channels of the state but through the conduits of the Communist Party. In contrast, local units are not held accountable toward the population. Therefore, Wuhan has been allowed (and even required) to encroach on myriad human rights of millions of individuals during several months. Hence, the WHO’s appraisal of China’s anti-federal COVID-19 management as a ‘model’ for public policy in these challenging times appears questionable.
Renninger, Philipp, ‘The “People’s Total War on Covid-19”: Urban Pandemic Management Through (Non-)Law in Wuhan, China’ (2020) 30(1) Washington International Law Journal 63–115 Abstract: Although COVID-19 was first detected in the People’s Republic of China, the pandemic now appears contained there. Western and Chinese media attribute this apparent success to the central level of the Chinese state and the Communist Party. However, this article reveals that local entities provided critical contributions to China’s COVID-19 management, particularly in the pandemic’s first epicenter: Wuhan city in Hubei province. Chinese cities like Wuhan can fight public health emergencies through legal and nonlegal instruments. Although Wuhan had prepared for possible pandemics, its existing plans, institutions, and warning systems initially failed against COVID-19. The city did not contain the viral outbreak beginning in November 2019. As a result, Wuhan officials were forced to use strict measures to manage the COVID-19 pandemic. From January 23, 2020, a lockdown cordoned off the city, and from February 10, a closed management of neighborhoods introduced a curfew-like shutdown. These two cordons sanitaires and other so-called normative documents were imposed by Wuhan’s own COVID-19 Headquarters, a municipal mixed party-state organ. Still, the central level must approve"or even directly command"all fundamental decisions of local COVID-19 management. The center controls local entities like Wuhan not through channels of the state but through the vertical and horizontal conduits of the Communist Party, treating ‘the whole country as a chess game.’ China’s ‘COVID-19 chess’ has proven itself an effective method of pandemic containment. However, this central-local ‘chess game’ yielded detrimental effects for many individuals within and outside Wuhan. The reason is that China’s central level, aiming at eliminating COVID-19 instead of merely flattening the curve, neither requires Wuhan to contain COVID-19 proportionately and balanced, nor allows individuals to challenge these containment measures in court. Therefore, without being held accountable, Wuhan could encroach on myriad rights and freedoms for millions of individuals for several months. And despite subsequent easing, China’s ‘people’s total war’ against COVID-19 continues"but its focus has shifted. The strictest containment measures now apply to foreign nationals and Chinese citizens returning from abroad, as China has drawn a third cordon sanitaire around its national borders.
Reyes-Simpe, Jaime, ‘On Freedom in Pandemic’ (SSRN Scholarly Paper No 4320646, 30 December 2022) Abstract: Pandemic times define the value of freedom in society. Not only uncertainty and fear are faced by the people, but also the abusive control measures that governments, especially those with great concentration of power, impose to achieve some shadow targets in the name of saving lives. However, doing so entails costs that constrain unlimited control, such as the negative economic outcomes in the long run, the rising probabilities of protests, and the cost to prevent them. We develop a model to estimate an optimal control level that governments should set based on their beliefs of how much their society values freedom. We test the macro-efficiency of the model using data from the COVID-19 pandemic, and its micro-efficiency with the Chinese case, in particular, Xi Jinping’s ‘ZeroCovid’ policy. We argue that the policy set abusive control measures since the restriction of freedom of speech and research of non-governmental scientists, that can offer more accurate information about the pandemic, disincentivized the civilian population, especially those that depend on micro and mid-size companies, to protest against the measures imposed. Our model suggests that governments with better economic outputs, given a pandemic, set medium control measures due to the recognition of a higher percentage of people subject to protest for their freedom, jointly with a reasonable cost for preventing damage caused.
Santos Rutschman, Ana and Robert Gatter, ‘Smoke Screens: An Initial Analysis of the Coronavirus Lawsuits in The United States against China and The World Health Organization’ (Saint Louis U. Legal Studies Research Paper No No. 2020-04, 22 April 2020) Abstract: In this short essay we provide a preliminary analysis of the lawsuits filed by Missouri against China, and New York against the World Health Organization over the COVID-19 pandemic. We also situate the lawsuits against the expanding coronavirus-related misinformation ‘epidemic.’
Sasil, Pascal and Samruthi Karthikeyan, ‘International Legal Action Against The People’s Republic of China Over COVID-19 Woes: Prospects, Probabilities and Possibilities’ (SSRN Scholarly Paper No ID 3707983, 15 March 2020) Abstract: COVID-19, the virus that incubated in Wuhan is now all over the face of the Earth, threatening the existence of mankind as a whole. It is on a rampage, ravishing so-called global superpowers too. Ever since the day the virus was discovered, there has been an air of uncertainty surrounding the same. Various controversial claims and assumptions have been made regarding the source of the virus and the possibility of it being a potential bioweapon. With most of these claims pointing towards the Wuhan Institute of Virology and thereby shifting the blame on China, these will remain as mere claims until proven otherwise! However, one concrete criticism made by the global community is regarding China’s breach of responsibility to the world nations, mandated by various international obligations under the World Health Organization and the United Nations. As the famous saying goes, ‘information is wealth’. Timely information during a pandemic is nothing but gold dust. This information sharing is precisely what China has failed to do in accordance with various legislations such as The International Health Regulations,2005. Through its acts of disinformation and misinformation, China seems to have made a mockery of the COVID-19 outbreak. Since Day One, not only has it made a gross violation of various existent International Legislations and Regulations but has gone past the basic humanitarian concerns expected out of a civilized international community. The repercussions of the same are unprecedented both in terms of the death toll and monetary losses. The international arena is seeing a never before outrage from all quarters with the tagline, Beware! The lawyers are coming becoming a worldwide trend. With many nations expressing their displeasure and hinting at the possibility of legal action against China, the legal aspect of the debate comes in. The authors will put forward the timeline of the COVID-19 pandemic and highlight the misdemeanors of China by quoting various incidents that stand in violation of various International legislations such as the International Health Regulations of 2005 and Responsibility of States for Internationally Wrongful Acts of 2001. Moving forward, the authors would analyze the various different courses of legal options available, from Dispute Resolution Mechanisms to the International Court of Justice. Furthermore, the authors aim to put forward the complications in enforcing legal action against China by citing various international precedents. The defense on part of the Chinse Republic and the chances of the international community forcing China into reparations through non-judicial means will also be examined. At length, the authors, to the best of their abilities, would conclude on the three P’s, the possibility, probability, and the prospects of successful legal action against The People’s Republic of China for its COVID-19 misdemeanors and subsequent international woes.
Seppänen, Samuli, ‘Ideological Responses to the Coronavirus Pandemic: China and Its Other’ (2020) 16(1) University of Pennsylvania Asian Law Review 24–65 Abstract: This Article discusses the ongoing coronavirus pandemic as an instance of ideological contestation between the People’s Republic of China and its ideological Other—the ‘Western’ liberal democracies. Much of this ideological contestation highlights the idiosyncratic aspects of opposing ideological narratives. From the illiberal perspective, promoters of liberal narratives on governance and public health can be said to focus too much on procedural legitimacy and, consequently, appear to be ill-placed to acknowledge and respond to public health emergencies. Conversely, from the liberal perspective, advocates of illiberal narratives appear to be responding to a never-ending emergency and, consequently, seem unable to take full advantage of procedural legitimacy and rule-based governance in order to prevent public health emergencies from occurring. The coronavirus pandemic also exposes the aspirational qualities of both ideological narratives. On one hand, it appears aspirational to assume that the coronavirus response in liberal democratic countries can be based on the respect for individual freedom, human dignity, and other liberal first principles. On the other hand, the image of a strong, stable government projected by the CCP also seems to be based on aspirational notions about the coherence and resilience of the P.R.C.’s governance project. In the middle of the pandemic, it appears that the coronavirus follows no ideological script.
Shang, Carrie Shu, Wenli Guo and Charles Ho Wang Mak, ‘Two Paths Leading to the Same End? A Discussion of Development and Regulation of Online Mediation Under the COVID-19 in the People’s Republic of China and the United States’ (2019) 13(1) _World Arbitration and Mediation Review_ Abstract: The recent COVID-19 crisis has set the stage for a significant increase in the use of online dispute resolution. Under worldwide country lockdown and/or social distancing orders, behaviors of people have adjusted drastically. Further, the increased use of online mediation to resolve disputes has raised the legal community’s interest across jurisdictions. The purpose of this paper is to examine two different development paths of online mediation post-COVID-19 taken in the People’s Republic of China and the United States, the world’s two largest economies. The first part of the paper provides a background on the development of online mediation in China by examining a few newest judicial and administrative directives mandating state-wide experiment of online dispute resolution mechanisms. Moving on the discussion of the development of online mediation in China, it then focuses on the professional and self-initiated efforts of the dispute resolution community in the United States leading to the further surge in supply and demand of online mediation services. Building on the comparative analysis, the paper unpacks different roles of both public and private stakeholders play towards promoting the wider acceptance of online mediation initiatives in the world, speaking against any pre-fixed preference in dispute resolution for state-led or community-based approaches.
Shen, Wei, Carrie Shu Shang and Li Fang, ‘COVID-19 Populism Challenges and China’s Financial Law Responses: Three Emerging Case Scenarios’ (2023) 2(1) Journal of Central Banking Law and Institutions_ _Abstract: China’s increasing engagement in international governance order has significant ramifications in international rule-making and institutional build-up. The outbreak of COVID-19 has elevated China’s significance. This article presents a new-perspective analysis of China’s growing influence by focusing on two case scenarios: championship of financial multilateralism and an emerging digital currency landscape. We argue that China’s status as a rising power leads it to advocate for international rules, standards and institutions in a de-Americanized and anti-populist manner.
Shi, Xinxiang and Xiaoou Zheng, ‘The Obligations of China and the Role of International Law in the Context of the Coronavirus Pandemic’ (2021) 14(1) Journal of East Asia and International Law (JEAIL) 101–114 Abstract: This short article examines whether China has incurred responsibility for violating a general due diligence obligation in customary international law or specific obligations under the WHO’s International Health Regulations and the WHO Constitution in a context of Covid-19. It is submitted that due diligence is merely a notion to describe a primary obligation, or a standard by which a particular primary obligation is assessed. It cannot serve as the basis for holding a State responsible. Regarding the WHO regime, actions taken by China after December 2019 neatly fit into the staggered requirements of Articles 6 and 7 of the International Health Regulations, which do not set out clear standards for the evaluation of a health emergency. On a more general level, we reflect upon the role of international law in global pandemic control and caution against the politicization of international health law.
Shih, Victor, ‘China’s Leninist Response to COVID-19: From Information Suppression to Total Mobilization’ (21st Century China Center Research Paper (forthcoming), 2021) Abstract: Chinese party-state’s response to coronavirus outbreak has gone through two phases so far: the information suppression phase in the beginning of the crisis and the mobilization phase later aimed at containing the pandemic’s spread. The CCP achieved key objectives in both phases owing to the party-state’s hierarchical and authoritarian structure, the party’s ability to transcend state institutions, and the state’s ownership over vital economic resources. Beyond the party’s Leninist structure, the containment effort was helped by community parastatal organizations such as the neighborhood committees. This paper describes the institutions and processes that have helped CCP to achieve relative success so far in containing the coronavirus. It also points to its limits of China’s authoritarian response to public health crisis and to the plight of marginalized social groups like the migrants.
Sidel, Mark, ‘Overseas NGOs and Foundations and Covid in China’ (University of Wisconsin Legal Studies Research Paper No 1706, 30 July 2021) Abstract: The COVID crisis that enveloped Wuhan, Hubei Province and some other parts of China in late 2019 and early 2020 might, in another era, have encouraged China to temporarily relax constraints on international aid and engagement. In the current Chinese political environment, such relaxation of constraints wasn’t going to happen. China accepted some overseas aid at the beginning of the COVID crisis, but almost entirely on the restrictive political and legal terms laid down in the Overseas NGO Law and framework enacted in 2016.
Steinert-Threlkeld, Zachary et al, ‘Crisis Is a Gateway to Censored Information: The Case of Coronavirus in China’ (21st Century China Center Research Paper (forthcoming) No ID 3756577, 2021) Abstract: Crisis and anxiety motivate people to track news closely. We examine the consequences of this increased motivation in authoritarian regimes that normally exert significant control over access to media. Using the case of the COVID-19 outbreak in China, we show that crisis spurs censorship circumvention to access international news and political content on websites blocked in China. Once individuals have circumvented censorship, they not only receive more information about the crisis itself, but the crisis becomes a gateway to unrelated information that the regime has long censored. Through this mechanism, crisis both increases attention to information relevant to individuals’ current circumstances and incidentally increases access to information that the regime considers sensitive.
Stojanović, Aleksandar et al, ‘Law and Political Economy of China’s Early Pandemic Response: Limited Economic Support and Insulation’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 15–54 Abstract: In this chapter we identify several significant aspects of the ongoing policy transformation in China. Firstly, combating the pandemic allowed for policy justification through a specific type of ‘state of war’ narrative instead of referring to legal rules, which were unclear. It also led to a shift in the utilization of surveillance practices from a national, hierarchical and visible level, to a social, fluid, and less visible one. Moreover, unlike in the West, the least significant change has been observed in the domain of economic policy. Instead of a less discriminate liquidity supply approach taken in the West, China’s policy makers opted for a set of highly targeted fiscal, monetary and procurement measures in order to ensure the stability of the financial markets, relieve pressures on the real economy and secure employment. The measures were rolled out over a brief period of time (although not as large as in the EU or US) and were retracted significantly faster.
Tang, Shui Yan and Brian An, ‘Responses to COVID-19 in China and the United States: How Governance Matters’ Abstract: Emergency management necessarily requires collaboration across multiple layers and units of government. A country’s governance and intergovernmental system shapes its approaches to emergency management. This article focuses on two countries that have different governing systems—China and the United States. China’s administrative contracting system relies on vertical mechanisms such as hierarchical personnel control to hold local government officials accountable, thus creating incentives for delays in addressing crises when they first emerge. The United States’ polycentric system allows local officials, who are held accountable to local electorates, to sound alarms on emergencies early on. Yet the system may easily suffer from a lack of coordination across levels and units of government. A comparison between the two countries lays the foundations for comparing government responses to COVID-19 and other crises. It also illustrates the need to think about broader governance issues in preparation for large-scale crises in the future.
Tao, Wei and Jian-ya Zhou, ‘A Study on the “Porter Hypothesis” Effect of the Regulatory Measures of the Environmental Protection Tax Law in the Post-Pandemic Era’ (2024) 19(5) PLOS ONE e0304636 Abstract: The implementation of the Environmental Protection Tax Law was a significant milestone in China’s environmental tax reform. The implementation of this law was influenced throughout the three-year period of epidemic prevention and control (from early 2020 to the end of 2022). Heavily polluting enterprises are the primary focus of regulations under the Environmental Protection Tax Law. This study conducts an empirical analysis using a structural equation model, leveraging sample data obtained from heavily polluting enterprises in China. The findings indicate that during the three-year period of epidemic prevention and control, the Porter Hypothesis effect was realized in terms of tax fairness but not in terms of tax rationality. Therefore, environmental tax law reforms should be pursued and tax authorities in China should make vigorous efforts to enhance the rationality of environmental taxation. This would improve the comprehensiveness of the ‘Porter Hypothesis’ effect, fully harnessing the dual functions of environmental protection and the economic driving force embodied by the Environmental Protection Tax Law.
Trakman, Leon, ‘China’s Investment Strategies: Where to Post Pandemic?’ (UNSW Law Research Paper No 24–3, 13 July 2023) Abstract: China’s once geometrically expanding investment treaty regime is increasingly beset by unstable investment markets, politicized trade sanctions, and conflicting domestic demands on its financial reserves. A dilemma facing China is how to manage its relationships collaboratively with its treaty partners. At stake are treaties concluded by competitors like the EU with both developed and developing states that provide access to foreign markets previously serviced largely by China and its outbound investors. This article scrutinizes China’s likely responses to these formidable obstacles. One reaction is for China to selectively extend the policies underlying its planned domestic economy to global investment markets. In doing so, China risks being typecast as an investment overlord that turns developing states into dependencies rather than fully participating investment partners. A reconciliatory approach is for China to champion profitable dealings with shared benefits for its bilateral treaty partners and their investors. To redress these obstacles effectively is a key challenge for China. This Article explores that challenge in assessing how China is likely to protect both its national interests and the interests of foreign investors, consistently with its planned economy and the liberalization investment law.
Venkata, Srikar, ‘Containing Pandemics in India - Going Beyond Lockdowns’ (SSRN Scholarly Paper No ID 3609105, Social Science Research Network, 22 May 2020) Abstract: In India, despite two full months of lockdown, the number of COVID-19 cases have only kept increasing. Globally too, objective analysis of mortality figures tells us that lockdown as a pandemic containment strategy did not generate any concrete reduction of COVID-19 cases. Here, the paper analyses the origins of lockdown, why it may have been utilized for tacking COVID-19 pandemic now globally, and alternative solutions for the Republic of India. However, the paper is a general critique of the lockdown strategy and the paper’s implications can be applied to other nations as well, subject to localized analysis.
Wang, Chao, ‘A Community of Shared Future for Mankind in the Global Pandemic Era: Towards a Normative Consensus or Authoritarian International Law?’ (2022) 15(2) Journal of East Asia and International Law (JEAIL) 315–330 Abstract: This article provides an analyses the implications of China’s constitutionally proclaimed notion of ‘Community of Shared Future for Mankind’ (CSFM), which reveals the stance of the PRC party in promoting so-called ‘Chinese wisdom’ and a ‘Chinese solution’ to address common issues in global governance and in pursuing China’s global leadership in President Xi Jinping’s ‘New Era.’ The author explores the possibility for China and the West of reaching a normative consensus in terms of standards set by the CSFM vision and human security in light of the current global pandemic. The author advocates pursuing a pragmatic, problem-solving approach to international engagement with China without advancing a particular political agenda based on broad ideological presumptions, namely by encouraging and facilitating China’s further participation in international institutions and treaties. This approach may establish an increasing convergence and resonance of local and nonlocal norms to reach a normative consensus and, ultimately, to influence treaty performance incrementally and gradually.
Wang, Chao and Taixia Shen, ‘China’s New Legislation on Personal Information Protection in Light of the COVID-19 Pandemic’ (2022) 9(2) Journal of International & Comparative Law 109–124 Abstract: During the COVID-19 pandemic period, China used a data-based approach to protect public health. Although this approach has supported the containment of the COVID-19 virus, it risks infringing the right to privacy. This article considers how this data-based approach, including data collection, sharing, storage and disclosure could affect the right to privacy and shows that the data collection process in China may involve the collection of irrelevant personal data from too many broad categories and sometimes without consent of the data subject. The results show that the main challenges to the right to privacy are (1) a lack of effective information control and storage safeguards, (2) the improper use and disposal of information and (3) the disclosure of non-desensitised information. This article examines PRC’s newly passed legislation, including the Cybersecurity Law, Data Security Law and the Personal Information Protection Law, which constitute China’s first systematic and comprehensive regulatory framework to protect personal information. This regulatory framework requires that any restrictions on the right to protect personal information and privacy rights must be in the public interest such as public health and security. This article examines whether and to what extent this regulatory framework is capable of addressing challenges of big data applications to individual rights to privacy and proposes some further improvements.
Wang, Di and Zhifei Mao, ‘From Risks to Catastrophes: How Chinese Newspapers Framed the Coronavirus Disease 2019 (COVID-19) in Its Early Stage.’ (2021) 23(3/4) Health, Risk & Society 93–110 Abstract: Beck identified delocalisation, uncalculability and non-compensability as three characteristics of modern risk, the recognition of which lies at the core of transforming insubstantial risks into urgent catastrophes. This study aimed to empirically test and enrich Beck’s theory by examining how the Chinese media framed COVID-19 during the first month of the pandemic’s outbreak, a critical period for the media’s staging of risk. We observed that the usage of the consequences and treatment responsibility frames lies at the core of transforming COVID-19 from a risk to a catastrophe. Initially, journalists framed the virus as conquerable at a local level, with calculable consequences and compensable solutions. In the second phase, after the central government and national health experts stepped in, journalists admitted that COVID-19 was uncontrollable at a local level, starting to transform the risk into a national catastrophe, and called for enhanced solutions to controlling the spread of the virus. In the third phase, journalists started to transform the local catastrophe into a global crisis, referring to the global community as an information source. By building a bridge between risk theory and framing theory, we found that, in the case of COVID-19, delocalisation, incalculability, and non-compensability were crucial factors in risk virtualisation. We argue that the different usage of the consequences and treatment responsibility frames can either prevent the transformation of a risk into a catastrophe or facilitate this transformation process. [ABSTRACT FROM AUTHOR]
Wang, Yi, Mimi Zou and Zhicheng Wu, ‘Force Majeure and Covid-19: A Critical Assessment of Key Issues under the Chinese “Civil Code”’ (2022) 38(1) Journal of Contract Law 61–78 Abstract: In 2020 Covid-19 and related prevention and control measures brought significant disruptions to commercial transactions globally, which have seen the force majeure doctrine invoked in many resultant contractual disputes. In China the tumultuous year of 2020 also saw the enactment of the long-awaited Civil Code, a historical milestone in its legal system. This paper analyses how the Civil Code and recent guiding opinions of the Chinese Supreme People’s Court address key issues of contract law concerning force majeure and the related doctrine of change of circumstances as applicable to Covid-19 related contractual disputes. We conclude that force majeure provisions will be cautiously applied by Chinese courts in this context, while change of circumstances is likely to be apply in more cases as it provides courts with the flexibility to modify the parties’ contractual obligations.
Wang, Yuming et al, ‘Contingency Measures During the COVID-19 Pandemic in China: An Analysis Based on a New Ethical Framework’ (2021) 21(8) The American Journal of Bioethics 28–30 Introduction: As the first country hit by the COVID-19 outbreak, China adopted many measures for hospital surge capacity planning, including Fangcang shelter hospitals, designated hospitals, and internet hospitals, along with emerging technologies, such as artificial intelligence, big data analysis, cloud computing, and 5G (Sun et al. 2021). However, no organizations or scholars have proposed an ethical framework to guide contingency practices in China. In this commentary, we chose two contingency measures (telehealth and designated hospitals) which have been widely used in China during the COVID-19 pandemic, and analyze two examples based on the application of the ethical framework provided by Alfandre et al. (2021). We aim to illustrate how the contingency measures during the COVID-19 pandemic mediated the tensions between the values of both patient-centered care and public health in China, and wish to verify the applicability of the ethical framework through the analysis of the healthcare practices across cultures.
Wang, Zhiqiong June, ‘Law in Crisis: A Critical Analysis of the Role of Law in China’s Fight against COVID-19’ [2020] Griffith Law Review (advance article, published 15 July 2020) Abstract: This article analyses the role(s) of law in several critical aspects in China’s fight against COVID-19 during the period of its initial outbreak in Wuhan in late 2019 and early 2020. It first provides an analytic framework on the existing laws on the prevention and control of infectious diseases and responses to public health emergencies, focusing on the relevant mechanisms, institutions and procedures under the law. It then analyses several critical aspects of the operation of the legal framework, including information disclosure, the management of the crisis, and the legality of the various post lockdown measures and practices. It reveals that few legal requirements were in fact complied with during the fight against the COVID-19 emergency and, as such, Chinese law in a time of crisis was indeed itself in crisis.
Wang, Zhiqiong June and Jianfu Chen, ‘People’s Republic of China: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023) Abstract: Covid-19 first emerged in the Chinese city of Wuhan in late 2019, with the first mass outbreak starting there in January 2020. According to media reports, the earliest cases (though not ‘Patient Zero’) could be traced to as early as 17 November 2019. A historically unprecedented lockdown of an entire city of 11 million people and, slightly later, an entire province was imposed on 23 January 2020. The lockdown measures were so severe and strict that they were described by the World Health Organization’s country representative to China, Dr Gauden Galee, as ‘new to science’ that ‘has not been tried before as a public health measure.’ Various restrictions were also imposed nationwide from January to April 2020. Through these lockdown measures, China seemed to have controlled the ‘first wave’ of the pandemic by early April 2020 when Wuhan began lifting its strictest lockdown measures including the blockage of outbound traffic. On 7 April 2020, the Central Leading Group for the Prevention and Control of Novel Coronavirus Pneumonia Epidemic and the State Council Joint Mechanism for the Prevention and Control of Novel Coronavirus Pneumonia Epidemic each released its guidelines on resumption of work in China. By June 2020, China had declared a ‘decisive victory’ over the pandemic and a return to normality, albeit with ongoing prevention and control. Unfortunately, this declaration of a ‘decisive victory’ seems to have been made prematurely; isolated cases were to pop up continuously in various parts of China, with considerably large numbers of cases re-emerging in several cities in Northern China in November/December 2020. Like all other countries, the fight against the pandemic is ongoing in China. As of 20 March 2021, official statistics suggest that mainland China had 165 active cases, but none with severe symptoms. In total, there had been 4,636 deaths and 90,099 confirmed cases. This report principally focuses on the responses to the first wave of the Covid-19 outbreak in Hubei Province (January to April 2020), during which the great majority of legal and policy measures were issued. Similar measures were often implemented in other cities in Mainland China whenever Covid-19 cases were discovered. We have, however, also covered measures and policies issued after the suppression of the first wave of the Covid-19 crisis, as these can be seen as measures and policies for Covid-19-normal times that are likely to be with us for some considerable time to come. At least in the initial stage, the fight against the epidemic was largely carried through ad hoc Party—the Communist Party of China (CPC)—and government orders, issued mostly at the various local levels. There is however a comprehensive national legal framework governing public health emergencies, a framework that was largely ignored at the initial stage of the fight against the Covid-19 crisis. It should be pointed out that this report does not engage in discussion or debate on the origin of Covid-19; the authors believe that the origin of Covid-19 should be treated as an issue of science that is best addressed by scientists rather than lawyers.
Whitfort, Amanda, ‘COVID-19 and Wildlife Farming in China: Legislating to Protect Wild Animal Health and Welfare in the Wake of a Global Pandemic’ [2021] Journal of Environmental Law (Article eqaa030, advance article, published 12 January 2021) Abstract: Coronavirus disease 2019 (COVID-19) has exposed serious deficiencies in the current legal framework to protect wild animal health, and consequently human health. As noted by the World Organisation for Animal Health (OIE), animal health and welfare are inextricably linked. However, there is no international agreement to promote animal welfare and neither the Convention on International Trade in Endangered Species of Wild Fauna and Flora nor the Convention on Biological Diversity, adequately address the welfare of the species they seek to conserve. While the OIE provides guidance on animal health and welfare standards for common agricultural species, it has provided limited guidance for the farming of wild species. China’s wildlife farming industry has been linked with the spread of COVID-19 but, to date, China has introduced few national welfare controls to protect the health of wild animals bred for human consumption. In the wake of COVID-19, these omissions must be remedied to provide appropriate safeguards to ensure animal health and welfare and protect public health.
Wood, Steve, ‘The Chinese Communist Party and the COVID-19 Pandemic: Face Loss, Status Anxiety, Resentment’ (2023) 37(2) Global Society 245–265 Abstract: The COVID-19 pandemic gave new impetus to the influence of face and status on the Chinese Communist Party (CCP), the political leadership of the People’s Republic of China (PRC). Occurring when relations between the PRC and the liberal-democratic world were already tense, the pandemic introduced a new vector into a highly politicised context involving domestic and global audiences. It caused the CCP acute embarrassment, undermined its status ambition, and intensified an extant resentment towards perceived competitors and critical voices. Anxieties about loss of face and status manifested in the histrionics and policies of CCP/PRC officials and state media towards the United States and Australia.
Wu, Lan, ‘Analysing the Renewable Energy Integration Paradigm in the Post-COVID-19 Era: An Examination of the Upcoming Energy Law of China’ (2021) 15(9) International Journal of Law and Political Sciences 888–898 Abstract: China’s declared transformation towards a ‘new electricity system dominated by renewable energy’ requires a cleaner electricity consumption mix with high shares of renewable energy sourced-electricity (RES-E). Unfortunately, integration of RES-E into Chinese electricity markets remains a problem pending more robust legal support, evidenced by the curtailment of wind and solar power due to integration constraints. The upcoming Energy Law of the PRC (Energy Law) is expected to provide such long-awaiting support and coordinate the existing diverse sector-specific laws to deal with the weak implementation that dampening the delivery of their desired regulatory effects. However, in the shadow of the COVID-19 crisis, it remains uncertain how this new Energy Law brings synergies to RES-E integration, mindful of the significant impacts of the pandemic. Through the theoretical lens of the interplay between China’s electricity market reform and legislative development, this paper investigates whether there is a paradigm shift in Energy Law regarding renewable energy integration compared with the existing sector-specific energy laws. It examines the 2020 Draft for Comments on the Energy Law and analyses its relationship with sector-specific energy laws focusing on RES-E integration. The comparison is drawn upon five critical aspects of the RES-E integration issue, including the status of renewables, marketisation, incentive schemes, consumption mechanisms, access to power grids and dispatching. The analysis shows that it is reasonable to expect a more open and well-organised electricity market, enabling the absorption of high shares of RES-E. The present paper concludes that a period of prosperous development of RES-E in the post-COVID-19 era can be anticipated with the legal support by the upcoming Energy Law. It contributes to understanding the signals China is sending regarding the transition towards a cleaner energy future.
Xia, Yuhan, ‘Legal Obligation to Vaccinate Against COVID-19’ (8th International Conference on Humanities and Social Science Research (ICHSSR 2022), 2022) 2561–2565 Abstract: In the context of the current COVID-19 pandemic, vaccine development and vaccination have become a top priority for all countries. Is it necessary for China to increase the vaccination rate of the COVID-19 vaccine through legal means so as to effectively control the rebound and outbreak of COVID-19 and maintain public order and security? This paper discusses the theoretical origin of vaccination obligation from the perspectives of deontology, utilitarianism, and moral utilitarianism, and clarifies the legal basis of vaccination obligation. Considering the needs of collective needs and the principle of fairness, this paper analyzed and determined the necessity of incorporating the COVID-19 vaccine into the scope of legal regulation and clarified the legal significance of COVID-19 vaccine vaccination. The paper finds that whether on the theoretical basis of deontology, utilitarianism, or moral utilitarianism, citizens all have the obligation to get vaccinated in the immunization program. At the same time, the COVID-19 vaccine has already met the substantive requirements of an ‘immunization planning vaccine’ as stipulated in the Basic Medical and Health Law and the Vaccine Administration Law. Therefore, citizens’ vaccination obligations can be included in the scope of legal regulation.
Xiao, Youdan, ‘Challenges and Response Proposals on Public Health Emergency Legal System under COVID-19 Epidemic’ 35(3) Bulletin of Chinese Academy of Sciences 240–247 </doi/10.16418/j.issn.1000-3045.20200218001> Abstract: The occurrence and rapid outbreak of COVID-19 epidemic, has posed severe challenges to China’s current public health emergency legal system with the Infectious Diseases Prevention Law and Regulations on Emergency Response to Public Health Emergencies as the core. The obvious shortcomings and deficiencies are exposed in the aspects of Emerging Infectious Diseases (EID) prevention, authority allocation difference on disease control and emergency response, public information disclosure and the legality of emergency measures. According to the needs of epidemic prevention and control, it is urgent to declare a State of Emergency in Wuhan and other local areas, and to improve the prevention and control system for EID in the follow-up legislation, so as to establish a regular legal mechanism for public health early warning and safeguard the public rights to know.
Xu, Jingyi and Yue Wang, ‘China’s Health Silk Road: A Way Forward for Global Health Equity in a Post-Pandemic World’ (2023) 2 Journal of Global Health Economics and Policy (Article e2022009) Abstract: The cross-border transmission of COVID-19 pandemic highlighted major challenges of mounting an efficient global response to disease threats, from sustained economic investment, strong political will, to resilient national and global health systems. Pioneering bilateral or multilateral health development initiatives with concerted efforts can become an effective weapon in reshaping and transforming the capacity in regional and national health settings. In this sense, China’s Health Silk Road, a crucial part of the Belt and Road Initiative (BRI), provides a unique opportunity to address some fissures exposed by the COVID-19 pandemic, and to make further, fundamental steps towards global health equity.
Yaqin, Yaqin and Eksiri Niyomsilp, ‘Online Law Teaching Mechanism Management in Colleges and Universities in the Context of COVID-19’ (2023) 8(5) Journal of Modern Learning Development 143–151 Abstract: During the COVID-19, online teaching became the main way of teaching in universities. The transformation of teaching methods implies the transformation of teaching mechanisms. A well-developed teaching mechanism as a basic condition helps to improve learning outcomes. This study adopts quantitative research methods, and explores the relationship between the four influencing factors of learning support, teaching environment, learning perception and behavioral interaction and the online teaching effect of law in colleges and universities through questionnaire survey. Through the linear regression analysis of the relationship between variables and the test of the hypothesis, the final conclusion is drawn: the four influencing factors all have a positive significant impact on the effect of online teaching of law in colleges and universities, and the four influencing factors also have a positive significant impact. Based on the research conclusions, this study finally puts forward some suggestions for improving the online teaching mechanism of law in colleges and universities.
Ying Wang et al, ‘Legal Considerations for Processing Employees’ Pandemic-Related Personal Information in China’ (2022) 47(7) Employee Relations Law Journal 46–49 Abstract: It has been almost two years since the unprecedented outbreak of COVID-19 pandemic. We have been learning to live with the pandemic, whether we like it or not. In China, companies are responsible for pandemic prevention and control. Therefore, it is inevitable for employers to process their employees’ pandemic-related personal information (‘PI’). With the Personal Information Protection Law (‘PIPL’) having taken effect on November 1, 2021, this article discusses how to process employees’ PI in compliance with the law during the pandemic.
Yip, Michael et al, ‘The “Two Faces” of Cross-Border, Transactional Legal Practice during Covid-19: How and from Where Have Lawyers Mobilised China’s Capital Flows under Lockdown?’ (2023) Asian Journal of Comparative Law (advance article, published online 27 February 2023) Abstract: The narrative that banks, government departments and state-owned enterprises are the foremost protagonists in shaping China’s outbound capital flows has been a commonplace view. This article seeks to expand the focus to include other under-scrutinised players: lawyers. With reference to exporting industries (such as shipping and natural gas), this article explains how lawyers – in tandem with China’s governmental and judicial organs – have shifted from enabling outflows to postponing them, as a result of China’s Covid-19 force majeure regime. Even with capital on pause, Covid-19 has also kept lawyers busy, prompting them to think about how to maximise their firm’s proximity to the clients they have and to new clients that they want to win. Accordingly, this article also provides an overview of the techniques used by predominantly Anglo-American law firms to gain access to new legal markets during Covid-19, with a view to winning more work from Chinese capital-exporters and their foreign counterparties.
Yu, Peter K, ‘Vaccine Development, the China Dilemma and International Regulatory Challenges’ (2023) NYU Journal of International Law and Politics (forthcoming) Abstract: Since the World Health Organization declared COVID-19 a global pandemic in March 2020, countries, intergovernmental bodies, nongovernmental organizations and individual experts have called for the development of new global frameworks and adjustments to international regulatory standards. As the pandemic has become more successfully contained—at least in the Global North—demands for emergency relief measures have given way to debates on the development of new standards to provide a more effective response during the inter-pandemic period and in the post-COVID era.One challenging and inevitable debate concerns the role of China in such development. Among the important issues are whether China will support the development of new international regulatory standards, whether its participation will create additional complications, how its role will evolve in the near future and how best to engage with the country in the international regulatory system. Improving global pandemic preparedness in this system is particularly important considering that many medical and public health experts have already predicted that another global pandemic will happen in the next decade or two.Written for the 28th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium, this article begins by briefly discussing the role China has played in the global health arena during the COVID-19 pandemic. It then highlights the difficulty in determining how best to engage with China in the development of new international regulatory standards. The Article shows that the preferred choice of engagement will likely depend on the perspective through which one evaluates China’s potential contributions and complications: an analysis that focuses on international competition will differ drastically from one emphasizing global health. This Article concludes by drawing four lessons on the challenges and complications that China has posed to policymakers in their development of new international regulatory standards.
Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
Zhang, Alex and Andrea Levan, ‘Contact Tracing and Right to Privacy: A Comparative Law Research in China and Singapore’, Globalex (November/December 2022) Abstract: This article discusses research tools and tactics for legal problems surrounding contact tracing technologies and the right to privacy in China and Singapore. This article aims to provide resources and strategies for identifying relevant materials that examine the relationship between tracking technology adoption and the right to privacy in the present and post-pandemic circumstances. We hope that researchers interested in the subject or performing comparative legal studies at the junction will find this article helpful. We focus on the following resource categories and the most effective way of locating information about them: Main features of the legal system, including legal institutions and major players in the lawmaking and rulemaking process; primary sources of law; and relevant secondary sources of law.
Zhang, Chao et al, ‘Logic Analysis of How the Emergency Management Legal System Used to Deal with Public Emerging Infectious Diseases under Balancing of Competing Interests—The Case of COVID-19’ (2021) 9(7) Healthcare 857 Abstract: Development of measures for mitigating public emerging infectious diseases is now a focal point for emergency management legal systems. COVID-19 prevention and containment policies can be considered under the core goal of social and individual interests. In this study we analyzed the complexity between individual and public interests as they conflict when implementing disease preventative measures on an epidemic scale. The analysis was used to explore this complex landscape of conflicting social, public, and legal interests to quantify the potential benefits of public acceptance. Here we use the large-scale COVID-19 epidemic backdrop to examine legal norms of the emergency management legal framework. We find that the implementation of emergency management legal system measures involves the resolution of both direct and indirect conflicts of interest among public groups, individual groups, and various subsets of each. When competing interests are not balanced, optimal policies cannot be achieved to serve and safeguard shared social and community stability, whereas effective social outcomes are obtainable through the development of targeted policies as defined within the emergency management legal system. A balanced legal framework in regards to emergency management legal norms can more effectively serve to mitigate and prevent the continued spread of emerging infectious diseases. Further developing innovative procedural mechanisms as a means to ensure emergency response intervention should take into account the weighted interest of the different social parties to determine priorities and aims to protect legitimate public interests.
Zhang, Chi and Zhewei Liu, ‘Online Trials in China: Legal and Institutional Approaches During Different Stages of the Pandemic’ (2024) 17(2) Law and Development Review 511–536 Abstract: China has set off a wave of legal and institutional approaches to meet the need of access to justice and rule of law in cyberspace. Online trials and Internet courts as the approaches have not been developed so rapidly until the outbreak of COVID-19. This article will divide the development of online trials in China into three stages and discuss their functions and orientations during different times of the pandemic.
Zhang, Dechun and Yuji Xu, ‘When Nationalism Encounters the COVID-19 Pandemic: Understanding Chinese Nationalism from Media Use and Media Trust’ (2023) 37(2) Global Society 176–196 Abstract: COVID-19, as a major public health crisis, has triggered nationalism to different degrees all around the world. This study utilises an online survey to explore the relationships between media use, media trust, and nationalism in China during the COVID-19 pandemic. We found that the level of nationalism was still considerably high in China at the time of the pandemic and that the role of the media in nation-state building enterprises remains significant. It becomes more pervasive after the news media’s adoption of digitalisation. Our study argues that contemporary China’s expression of nationalism is socially constructed by media and rooted in its Chinese Confucian culture. Meanwhile, the Chinese government is increasingly designing the news media and manages social media. It has already successfully constructed a sense of nationalism to facilitate its own interests in response to the national crisis. This has led nationalism being embodied in the media’s constructed social reality.
Zhang, Xiaohan, ‘Decoding China’s COVID-19 Health Code Apps: The Legal Challenges’ (2022) 10(8) Healthcare 1479 Abstract: Heath code apps, along with robust testing, isolation, and the care of cases, are a vital strategy for containing the spread of the COVID-19 outbreak in China. They have remained stable and consistent, allowing China to extensively restore its social and economic development. However, the ethical and legal boundaries of deploying health code apps for disease surveillance and control purposes are unclear, and a rapidly evolving debate has emerged around the promises and risks of their fast promotion. The article outlines the legal challenges by applying the core values of the Personal Information Protection Law (PIPL), the fundamental law for personal information protection in China, into the context of the nationwide use of health code apps. It elaborates on the balance between the demands for upholding individuals’ rights to the security of their personal information and those for public access to such information to prevent the spread of infectious diseases. It identifies the current gaps in addressing personal information harms during the use of the apps, particularly with regard to user consent, transparency, necessity, storage duration, and security safeguards.
Zhao, Suisheng, ‘Rhetoric and Reality of China’s Global Leadership in the Context of COVID-19: Implications for the US-Led World Order and Liberal Globalization’ [2020] Journal of Contemporary China (advance article, published 7 July 2020) Abstract: When President Trump-led America abandoned the global leadership, China casted itself as the global leader in response to COVID-19, placing challenges to the US-led world order and liberal globalization. China’s rhetoric, however, has not matched its actions in comprehensively providing global public goods and developing universally accepted values. As neither the US and China have taken the global leadership that most countries can trust and count on, the world is in the danger of moving toward the vicious power rivalry, hampering the multilateral responses to global crisis such as COVID-19.
Zheng, Long, Taoying Li and Qiang Chen, ‘Lessons from China’s Experience: Legal Analysis of Health Risks and Medical Obstacles of Personnel in COVID-19 Control Areas’ (2023) 16 Risk Management and Healthcare Policy 735–745 Abstract: Individuals in controlled areas often face restrictions on their personal freedom, and if they are unable to receive medical treatment when needed, it can significantly increase their health risks. However, current epidemic prevention and control policies do not provide clear guidelines on how to ensure individuals in controlled areas to seek medical attention when faced with health problems. By implementing specific measures that local governments must take in order to protect the health of those in controlled areas, the risks to their health can be greatly reduced.
Zhou, Haiyan, ‘Optimising Business Environment during the COVID-19 Epidemic: China’s Experience’ (2020) 41(10) Company Lawyer 332–334 Abstract: Reviews the measures implemented by China during the coronavirus pandemic to promote a business-friendly environment that follows the rule of law. Examines key features of initiatives to improve the administrative efficiency of the approval process needed to establish a business, strengthen information disclosure to protect the interests of minority shareholders, facilitate online litigation, and optimise the conduct of bankruptcy proceedings.
Zhu, Guobin and Xiaoshan Zhang, ‘Lockdown, Chess Game, and Dynamic Zeroing: Governmental Policies to Fight COVID-19 and Their Impact on Citizens’ Fundamental Rights and Liberties in China’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 489–509 Abstract: Emergency is regulated under the Constitution of the People’s Republic of China (‘the PRC’ or ‘China’). Article 67 of the PRC Constitution specifies that the Standing Committee of the National People’s Congress (‘the NPCSC’) shall decide on entering the state of emergency throughout the country. The national government started to react to the COVID-19 emergency on 20 Janu- ary 2020 by adding the novel coronavirus pneumonia as a notifiable infectious disease. Due to unstated reasons, no ‘state of emergency’ has been declared during the pandemic.
Zhu, Junlin et al, ‘Semantic Matching Based Legal Information Retrieval System for COVID-19 Pandemic’ (2023) 32(2) Artificial Intelligence and Law 397–426 Abstract: Recently, the pandemic caused by COVID-19 is severe in the entire world. The prevention and control of crimes associated with COVID-19 are critical for controlling the pandemic. Therefore, to provide efficient and convenient intelligent legal knowledge services during the pandemic, we develop an intelligent system for legal information retrieval on the WeChat platform in this paper. The data source we used for training our system is ‘The typical cases of national procuratorial authorities handling crimes against the prevention and control of the new coronary pneumonia pandemic following the law’, which is published online by the Supreme People’s Procuratorate of the People’s Republic of China. We base our system on convolutional neural network and use the semantic matching mechanism to capture inter-sentence relationship information and make a prediction. Moreover, we introduce an auxiliary learning process to help the network better distinguish the relation between two sentences. Finally, the system uses the trained model to identify the information entered by a user and responds to the user with a reference case similar to the query case and gives the reference legal gist applicable to the query case.
Hong Kong
Burke, Jack and Shaun McCarthy, ‘Should Remote Hearings Be Extended Post the COVID-19 Pandemic in Hong Kong and What Could Be the Ramifications for Practical Legal Training?’ (2022) 9(1) Journal of International and Comparative Law 155–178 Abstract: As a result of the lockdowns and social distancing measures imposed by COVID-19, courts in many common law jurisdictions were required to rapidly accelerate their use of remote court hearings. This article will explore the experiences of courts in Australia, England and Wales and Hong Kong in more broadly adopting this mode of judicial determination as part of a wider consideration as to whether Hong Kong should more permanently, post COVID-19, extend its use of remote hearings. Furthermore, this article will explore the implications which arise for advocacy-related training for Hong Kong students undertaking their Postgraduate Graduate Certificate in Laws (PCLL) programme, in order to ensure that such students are equipped for the ethical, technical and other skills-based challenges arising from these developments. In particular, this article will consider how existing PCLL benchmarks can be refined to facilitate this process.
Chow, WS, ‘“Green Light, Red Light”: Proposing Changes to Tax Law during COVID-19 Times – A Hong Kong Experience’ (Paper, Australasian Tax Teachers’ Association Annual Conference, Brisbane, 20 January 2023) Abstract: By the middle of September 2022, COVID-19 has infected hundreds of millions of people and claimed over 6.5 million lives. Unexpectedly and unprecedentedly, it continues to disrupt many facets of life, economically, socially and politically. Despite its success, the need for review and reform in the Hong Kong tax system is obvious and imminent. During COVID-19 times, understandably, people turn to the governments for extra protection, welcoming subsidies and reliefs. On the other hand, timing seems not right for any new tax initiative, no matter how good intention it may have to improve the system or to prepare for the future. This paper gives a detailed account of changes to tax law proposed, passed and which have fallen through in Hong Kong during this distress time. It provides an analysis of the economic, social and political dynamics behind such success and failure. Particular emphasis is given to the proposal of a vacancy tax taking the form of amending the Rating Ordinance, which would have served for the betterment of the system but the bill was shelved before it was even deliberated in front of the full Legislative Council.
Ding, Chunyan, ‘Fatal Lack of Information Transparency in Public Health Emergency: Lessons from the COVID-19 Outbreak in China’ (2020) 50(2) Hong Kong Law Journal 781 Abstract: This article examines the lack of information transparency on the part of the Chinese government as revealed in the COVID-19 outbreak. Based on the evidence of the lack of information transparency in the initial stage of this public health emergency, the article reviews how the Chinese public health emergency information system, which had been established in response to the 2003 SARS crisis, was implemented. It further analyses the fundamental reasons for the lack of information transparency despite the reporting, disseminating and early warning mechanisms that existed in the country. It finds that powerless centres for disease control and prevention, prioritisation of the political concern of social stability and harmonisation over public health, extremely tight governance of public opinions and inadequacies of the public health emergency information system with respect to new and emerging infectious diseases are the four major factors that combined to result in the lack of information transparency in the COVID-19 outbreak in China. The article identifies big lessons to be learned to promote information transparency in public health emergencies.
Hartley, Kris and Darryl SL Jarvis, ‘Policymaking in a Low-Trust State: Legitimacy, State Capacity, and Responses to COVID-19 in Hong Kong’ (2020) 39(3) Policy and Society 403–423 Abstract: With indiscriminate geographic and socio-economic reach, COVID-19 has visited destruction of life and livelihoods on a largely unprepared world and can arguably be declared the new millennium’s most trying test of state capacity. Governments are facing an urgent mandate to mobilize quickly and comprehensively in response, drawing not only on public resources and coordination capabilities but also on the cooperation and buy-in of civil society. Political and institutional legitimacy are crucial determinants of effective crisis management, and low-trust states lacking such legitimacy suffer a profound disadvantage. Social and economic crises attending the COVID-19 pandemic thus invite scholarly reflection about public attitudes, social leadership, and the role of social and institutional memory in the context of systemic disruption. This article examines Hong Kong as a case where failure to respond effectively could have been expected due to low levels of public trust and political legitimacy, but where, in fact, crisis response was unexpectedly successful. The case exposes underdevelopment in scholarly assumptions about the connections among political legitimacy, societal capacity, and crisis response capabilities. As such, this calls for a more nuanced understanding of how social behaviours and norms are structured and reproduced amidst existential uncertainties and policy ambiguities caused by sudden and convergent crises, and how these can themselves generate resources that bolster societal capacity in the fight against pandemics.
Ho, Lawrence Ka-ki and Angus Siu-cheong Li, ‘What Has Changed and Why: The Transformation and (de)Legitimisation of Post-COVID Policing in Hong Kong and Taiwan’ (2025) 35(4) Policing and Society 423–447 Abstract: This paper conducts a comparative analysis of the governance and policing frameworks in Hong Kong and Taiwan, examining their responses to the COVID-19 pandemic’s public health crisis and the resulting shifts in policing contexts. Hong Kong experienced significant changes in police-citizen relations before the pandemic, notably during the 2019 protests that garnered global media attention and eroded public trust in the government. With the advent of COVID-19, Hong Kong introduced stringent anti-pandemic legislation aimed at achieving ‘zero-COVID’, further empowering the police for law enforcement. In contrast, Taiwan effectively managed the epidemic from 2020, keeping mass infections at bay until mid-2022, without significant social conflicts. This study delves into the academic implications of these divergent outcomes, seeking to explain what and why changes occurred (or did not) in these two places. Hong Kong’s response to the global health crisis, including the introduction of the National Security Law, fundamentally transformed its policing context, dismantling autonomous civil societies and reshaping public trust in the government and its police. In comparison, Taiwan’s policing exhibited limited post-crisis transformation, maintaining high public trust even amid stringent quarantine and lockdown regulations. This divergence reflects varying pathways of the legitimisation of police influenced by geopolitics, underscoring the importance of comparative studies in comprehending transformations of policing in different contexts following the global public health crisis.
Ho, Lawrence Ka-Ki, Chi-Shun Fong and Trevor TW Wan, ‘High Level of (Passive) Compliance in a Low-Trust Society: Hong Kong Citizens’ Response Towards the COVID-19 Lockdown’ [2020] Policing: A Journal of Policy and Practice Article paaa090 (advance article, published 25 December 2020) Abstract: Through revisiting theories of compliance, we aim to unpack the blackbox of the high compliance level in Hong Kong despite widespread reports of erosion of police legitimacy.
Kwan, Martin, ‘Remote vs. In-Person Testimony in Hong Kong Courts’ [2021] Northwestern University Law Review of Note (20 June 2021) Abstract: Should the pursuit of effective scrutiny of witnesses override public health considerations and the witness’s right to health? This article explores the debate on whether a witness can choose to give evidence via video-conferencing facilities (VCF) during the COVID-19 pandemic. It explores the practices adopted in a number of jurisdictions, such as the UK, Hong Kong, Australia and Canada.
Lee, Francis LF, ‘The Struggle to Remember Tiananmen Under COVID-19 and the National Security Law in Hong Kong’ in Orli Fridman and Sarah Gensburger (eds), The COVID-19 Pandemic and Memory: Remembrance, Commemoration, and Archiving in Crisis (Springer, 2024) 153–174 Abstract: This chapter examines Hong Kong people’s struggle to continue to commemorate the 1989 Tiananmen crackdown after the establishment of the National Security Law in 2020, which coincided with the COVID-19 outbreak. Under the new legal and political environment, a process of memory erasure has begun, reversing the achievements of memory institutionalization in the previous decades. Yet the state has not yet explicitly declared Tiananmen commemoration illegal. Between 2020 and 2022, the state utilized the group gathering prohibition under COVID-19 to ban the annual June 4 vigil. More broadly, it relied on the inducement of self-censorship to eliminate references to Tiananmen in the public arena. I argue that COVID-19 has helped sustain the condition of ambiguity that is central to the state’s attempt to suppress Tiananmen commemoration through societal self-censorship. Nevertheless, some Hong Kong citizens continued to contest the right to commemorate by engaging in improvisatory, individualized, and digitalized actions.
Li, Victor WT and Trevor TW Wan, ‘COVID-19 Control and Preventive Measures: A Medico-Legal Analysis’ (2021) 27 Hong Kong Medical Journal (advance article, published 11 June 2021) Extract from Introduction: The coronavirus disease 2019 (COVID-19) pandemic has compelled governments around the world to deploy preventive and control measures of unprecedented stringency and scale. In Hong Kong, the Chief Executive-in-Council has invoked extensive powers under Section 8 of the Prevention and Control of Disease Ordinance (Cap 599) and adopted a series of subsidiary regulations in an attempt to control the spread of COVID-19. Such extensive power is subject to judicial scrutiny using a four-stage proportionality inquiry tailored for evaluating whether rights and freedomsderogating laws and measures are consistent with the Basic Law and the Hong Kong Bill of Rights Ordinance (Cap 383). In the context of a public health emergency, it has to be shown that such laws and measures pursue legitimate aims that are required by the ‘exigencies of the public health situation’1 and are rationally connected to them. They should also be no more than reasonably necessary to achieve these aims without imposing an unacceptably harsh burden upon the individual. Drawing upon the framework of the proportionality inquiry, we seek to explore the medical and constitutional justifications underlying three of such regulations: compulsory use of face masks, group gatherings ban, and compulsory testing for high-risk groups. Furthermore, we will comment on the potential mandatory use of the ‘LeaveHomeSafe’ application in public facilities for contact tracing purposes, as well as compulsory vaccination for healthcare workers.
Loper, Kelley, ‘Intersecting Crises and Exponential Inequalities: The View from Hong Kong’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 97–118 Abstract: This chapter considers the capacity of equality law to address exponential inequalities arising from intersecting crises, that is, when more than one crisis occurs simultaneously or in close succession. It examines the case of Hong Kong, which has, in recent years, experienced increasing inequalities arising from a democracy deficit, shrinking space for civil society, political and ideological polarization, and strict responses to the Covid-19 pandemic. This has played out against the backdrop of a vast wealth gap and shortage of affordable housing. These crises intersect in complex ways with negative implications for the aims of substantive equality. They have also occurred alongside, and been influenced by, global developments including the pandemic, the rise of authoritarian regimes and populist movements, and other threats to democracy and human rights. As such, insights from Hong Kong may inform strategies for dealing with the effects of crisis elsewhere. Multiple crises in Hong Kong have predominantly impacted groups facing intersectional disadvantage, including migrant domestic workers, refugees, mainland immigrants, and people of South Asian origin. Hong Kong equality law, however, is generally ill-equipped to prevent or remedy such complex disadvantage. The Hong Kong situation illustrates the importance of enhancing the participation of groups lacking political and social voice as a critical element of substantive equality. When a democracy deficit prevails, the general inability to participate, compounded by a worsening disproportionate lack of representation by marginalized communities, makes it even more difficult to advance equality claims.
Lui, Wilson and Alice Suet Ching Lee, ‘Online Legal Education in Hong Kong’ (University of Hong Kong Faculty of Law Research Paper No 2022/03, 31 January 2022) Abstract: This article provides an overview of undergraduate, postgraduate, qualifying, and continuing legal education, and the relationship between legal education and the legal profession in Hong Kong. Within these categories, it considers the current progress of Hong Kong towards online legal education and the use of information technology in legal education and within the legal sector, with a particular focus on the effects of the COVID-19 pandemic. This article observes that the development of Hong Kong online legal education had remained largely stagnant in the pre-pandemic times. During the pandemic, the resort to online legal education in law schools seems to take the approach of ‘emergency remote teaching’, with a tendency to revert to face-to-face methods of course delivery and assessment whenever permitted under the pandemic restrictions. On the other hand, continuing legal education has successfully moved towards hybrid or fully online modes of delivery and may sustain in the future. It is argued that the Hong Kong legal education community, and more generally, the Hong Kong higher education sector, should take bold steps towards adopting well-designed and effective online pedagogies and assessment practices. As the legal profession and the judiciary in Hong Kong gradually improve their capacities and capabilities to utilise information technology and online tools, the legal education offered in the region must not shy away from responsibilities to equip aspiring legal professionals with technological skills in preparation for their future legal practice.
Ma, Samantha Ka Mei, ‘Legal Issues Pertaining to COVID-19 in Hong Kong’ in Tai Wei (ed), Crafting an Asian Future in the Post-COVID-19 Asia (World Scientific, 2021) 133–149
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Sadowski, Mirosław Michał, ‘Hong Kong, the Virus and Illiberalism: Between Flattening the Curve and an Authoritarian Slide?’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 961–976 Abstract: Can the pandemic measures be used to advance particular political means? The question of correlation between illiberal legal changes adopted amongst the wave of legislation focused on battling COVID has arisen in a number of countries around the world; as an increasing number of states finds leaving restrictions behind in 2022, however, Hong Kong is still battling the Omicron wave of the pandemic. Ever since its transition to China in 1997, Hong Kong has retained its place on the world stage as an international business hub and, while getting closer to the Mainland, enjoyed the freedoms provided by its SAR status. At the same time, by the end of the second decade of the twenty-first century the tensions between the pro-democratic inclinations of the large part of the city’s population and pro-Mainland disposition of the SAR’s political elite began to rise, with proposals of various legal acts put forward by the local government often perceived as encroaching freedoms. The street-level ‘standoff’ between the authorities and the people was brought to a halt by the COVID-19 pandemic; and, with protesting rendered virtually impossible, a number of controversial legal changes were introduced by the government taking advantage of the situation, which, together with the anti-pandemic measures have continued to negatively impact the city’s financial hub status. The purpose of this paper is to analyse the correlation between Hong Kong’s fight with the pandemic and the local government’s taking advantage of the situation in order to implement illiberal legislation, and its aftermath.
Siu, Jacky Cheuk Lap, ‘When Staying Home Is Unsafe: Exploring the Effects of COVID-19 Pandemic on Family Violence in Hong Kong’ (2025) 37(1) Current Issues in Criminal Justice 154–171 Abstract: Despite the well-documented COVID-19 pandemic’s impact on public health, it is crucial to acknowledge the broader societal costs of the pandemic and the resulting pandemic-related restrictions. In particular, this research highlights the impact of COVID-19 on two forms of crime: domestic violence and child abuse. This study aims to evaluate the prolonged effect of COVID19 on arrests for domestic violence and child abuse in Hong Kong by employing a single-group interrupted time-series analysis of ten-year monthly arrest data obtained from the Hong Kong Police Review. Consistent with previous studies, this study found that there was no immediate effect of COVID-19 on arrests for domestic violence and child abuse, but there was subsequently an increasing trend of domestic violence and child abuse during the COVID-19 pandemic. The increased trend of family violence during the COVID-19 pandemic may be explained by the accumulated strains and changes in routine activities associated with the pandemic and the anti-pandemic measures implemented by the government. Limitations and implications for future studies are discussed.
Thomson, Stephen, Eric C Ip and Michael Ramsden, ‘Hong Kong Special Administrative Region, People’s Republic of China: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2022) Abstract: There has been no formal declaration of a state of emergency in Hong Kong in relation to the pandemic. It is provided in Article 18 of the Basic Law that the Central People’s Government may issue an order applying ‘the relevant national laws’ in Hong Kong in the event that the NPCSC decides to declare a state of war or, by reason of ‘turmoil’ within the HKSAR which endangers national unity or security and is beyond the control of the HKSAR Government, the NPCSC decides that the HKSAR is in a state of emergency. This does not appear to envisage a pandemic scenario but, if such powers were exercised in the context of a pandemic or other outbreak of infectious disease, it is unlikely that there would be any constitutional restraint on the national laws applied in Hong Kong by the Central People’s Government. Though it may technically be possible for the HKSAR courts to purport to strike down an act of a PRC organ outside Hong Kong, it is unlikely that this would be done in practice or that it would be tolerated by the PRC central authorities. Meanwhile, the PRC does not have a constitutional court according to the western understanding. The NPC has the power and function of supervising the enforcement of the PRC Constitution, and the NPCSC has the power and function of interpreting the PRC Constitution and supervising its enforcement, thus vesting the power of constitutional interpretation and enforcement in political, legislative organs.
Wan, Wai Yee, ‘Governmental Responses Mitigating the Impact of COVID-19 on Small and Medium-Sized Enterprises and the Case for Insolvency Law Reforms in Hong Kong’ (2023) International Insolvency Review (forthcoming) Abstract: The COVID-19 crisis has triggered unprecedented governmental responses around the world to mitigate the effects of the pandemic, with particular attention being given to small and medium-sized enterprises (SMEs). Governments around the world have implemented economic measures in the form of direct subsidies or government-guaranteed loans, and legislated to provide mandatory relief from contractual obligations. In addition, increasing recognition of the limitations of insolvency regime in addressing the crisis for SMEs prompted many jurisdictions to change their laws. However, consistent with its free market principles, Hong Kong has only adopted economic measures and has provided limited contractual relief in favour of SME tenants. There is no SME-specific insolvency law nor is the Hong Kong government currently considering any such law reform. This paper reviews the need for a temporary insolvency regime to cater to distressed but economically viable SMEs restructure their debts. Drawing on a set of interviews with Hong Kong SME owners, this author finds that they are often unaware of how insolvency law operates, their unsecured creditors are apathetic, and bankruptcy stigmatism is high. Based on a review of the frameworks in the other advanced common law jurisdictions such as the United States, Australia and Singapore, a recommendation for a simplified restructuring and liquidation framework is developed. The process is designed to be simplified and expedited and it incentivises early negotiations with creditors.
Wan, Wai Yee, ‘Should Hong Kong Reform Its Insolvency Law in Times of COVID-19?’ [2021] Company Lawyer (forthcoming) Abstract: With the onset of the COVID-19 pandemic, the number of insolvency filings by otherwise economically viable firms globally is expected to rise significantly. Hong Kong will not be an exception. Hong Kong does not currently propose to enact legislation to impose a universal standstill of contractual obligations in response to COVID-19, as is the case in other jurisdictions. Once Hong Kong Monetary Authority’s (HKMA’s) measures for the banks to support the small and medium size enterprises (SMEs) and the Hong Kong Government’s economic relief packages come to an end, an enormous wave of defaults will come. The collapse of SMEs will have a serious impact in Hong Kong as SMEs account for 45% of the private sector total employment and 98% of all of the business establishments. The Hong Kong Government is proposing to enact legislative reforms to allow for provisional supervision and corporate rescue, which are out-of-court procedures, to facilitate restructuring if the major secured creditor consents. The proposed corporate rescue framework is long overdue. In recent years, many common law jurisdictions, including Singapore and the UK, have reconsidered and modernised their insolvency framework to include debtor-in-possession features in court-supervised restructurings that are based on Chapter 11 of the US Bankruptcy Code 1978 (Chapter 11). These features include an automatic moratorium or stay of proceedings and the ability to cram-down dissenting creditors not only within the same class but across classes of creditors. Further, specifically in response to COVID-19, several jurisdictions have enacted or are in the process of enacting insolvency legislation that allows SMEs and small businesses to access the bankruptcy or restructuring provisions more speedily. The question that arises whether even if the provisional supervision and corporate rescue framework is enacted, whether Hong Kong should make other more far-reaching reforms, particularly to its court-supervised restructuring framework. This article proposes that urgent consideration be given to simplify and modernize the insolvency and restructuring framework in Hong Kong.
Yeon, Thomas, ‘Comparative Reflections on COVID-19 Responses: Drafting, Powers, and Interpretation’ (2022) 43(2) Statute Law Review 209–226 Abstract: This article examines comparatively approaches in Hong Kong and English law on powers created by the use of subordinate legislations to combat the COVID-19 pandemic from the perspectives of legislative drafting and statutory interpretation. These powers, being wide and flexible in nature, pose a tension between two competing concerns. On the one hand, they enable law enforcement officers to be able to deal with the unique challenges posed by a public health crisis. On the other hand, they pose the potential to restrict fundamental human rights disproportionately. This article will proceed in three parts. First, the article will analyse the responsibilities of drafters in drafting subordinate legislations and the techniques therein; the discussion will be contextualized within a need for urgent public health responses to combat the pandemic. Second, the powers conferred upon law enforcement officers and restrictions on individual liberty under Hong Kong law and English law will be analysed. Third, approaches to interpreting the relevant legislations under the two jurisdictions will be examined. It will be argued that despite the need to confer wide and flexible powers to the executive to combat the pandemic, specificity of language and precision in articulating these powers remain of cardinal and overarching importance.
Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
India
Adury, Jyothirmayee and Avi Leuna, ‘A Structured Digital Database, a Shield to Corporate Governance Amidst COVID-19’ (SSRN Scholarly Paper ID 4119734, 25 May 2022) Abstract: The global pandemic brought about by SARS-CoV-2 commonly known as COVID-19 has emphatically pushed and transformed the world into a digital one, with companies working whether at large scale or small scale, to take hybrid decisions which the widespread pandemic posed. The adaptation of the unprecedented new normal compelled governments and companies all over the world to explore digital solutions benefiting both the company and its employees. Multilateralism is vital as the world faces critical developmental challenges. One such challenge faced by the Securities and Exchange Board of India owing to the prevailing crisis and its unpredictable existence was to regulate the flow of information, more specifically ‘unpublished price sensitive information’, in this enhanced level of digitalization.
Agarwal, Aaryata, 'Bio-Medical waste during Pandemic in India' (2022) 2(2) Jus Corpus Law Journal 217-228 Abstract: India was already facing difficulties in disposing of its Bio-medical waste in a pre-pandemic world and with the onset of a pandemic, we are currently facing our biggest challenge. This paper shall focus on Bio-medical waste which was created by the public and hospitals and its impact on the environment and how India has adapted to these challenging times. Through a legal lens, this paper discusses the remedies, forums, and strategies adopted by the stakeholder to tackle heaps of hazardous Biomedical waste. This allows us to inquire into the gaps that are needed to be fulfilled and other creative methods which can be adopted by India amidst a crashing economy.
Agarwal, Ayushi, ‘Why Women Can’t “Stay Home, Stay Safe”: Domestic Violence in the Times of Lockdown’ (2020) 7(1) Gender, Human Rights, and Law 100 Abstract: ‘Stay home stay safe’ has become the enduring slogan of the lockdown the world over. In this new world, where each interaction with a stranger and each contact with an unfamiliar surface is to be avoided at all costs, the home has acquired the status of being the safest place to be. Some have gone as far as likening the boundaries of one’s home with the ‘Lakshman Rekha’, drawing a parallel with the safety that was promised to Sita if only she had not transgressed that line. Ironically, the assumption that the home is a safe haven for all does the most disservice to women, as it ignores the reality of unequal gender relations within the home and its consequences.This essay argues that while no one can deny that it is necessary to practice social distancing in times like this, the narrative that staying home necessarily means staying safe is simply false. The lockdown has locked the victims in with their abusers, and resulted in an increase in domestic violence due to a multiplicity of factors, as demonstrated by the data. It has also resulted in mental, emotional and verbal abuse. This is especially problematic in the face of apathy from government institutions such as the police and courts. The effects or the success of the lockdown cannot be determined without adopting an intersectional gender lens. Even if it serves to drastically contain the spread of Covid-19, it is only a half measure in so far as it has amplified one problem at the cost of solving another. As is often the case, the problem lies not with the policy (of lockdown), but with the policymaker – and a policymaker who cannot account for the realities of gender relations at home will no doubt fail to ensure measures that can make the policy a real success.
Agrawal, Pari, ‘Virtual Court System in India: An Experiment’ (SSRN Scholarly Paper ID 4090127, 8 December 2021) Abstract: The COVID-19 pandemic caused an economic depression and has also affected the health and industrial sectors of the whole world. In addition to this, there was also a massive change in how various nations perceive and serve justice without actually coming into contact with the help of the internet. During the COVID-19 crisis, where few took it as a danger, the courts took it as an opportunity to serve justice without hindrance, with the help of increasing internet facilities and accessibilities, India, including other nations like the United States, Brazil, Turkey, UK, Canada, Italy, China, Singapore, Europe, Bangladesh, Nigeria, Peru, and Hungary. The virtual courts pose to be an effective means to conduct court proceedings, removing the geographical barriers and increasing the productivity of courtrooms. However, it also includes the technical glitches that come with it, such as connectivity issues and various other challenges. While on the other hand, the need for virtual courts during the pandemic cannot be ignored. This research paper will mainly focus on the E-Court Project initiated by the Parliament of India on September 18th, 2020. It will answer the most controversial question of whether virtual courts were appropriate alternatives for open courts during the COVID-19 pandemic or not.Further, the paper will discuss the benefits and advantages of the e-courts, issues, and challenges faced while shifting to them and operating them. Moreover, it will also bring to various light situations where virtual courts were already used in India and what were the issues faced at that time.
Agrawal, Shreeya and Avani Maheshwari, 'An Analysis the Iimpac of COVID-19 Amendments on the Corporate Sector in India' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: The surge of the novel coronavirus pandemic led to a huge impact of every sector of life of billions of people. It affected lives, economies and everything alike. The spread of this virus was such that more than 160 countries found themselves affected by the same. Some sectors felt the repercussions of this virus’s impact on a small scale whereas some felt it almost to the ruins. This paper analyzes the impact of COVID-19 pandemic on corporate sectors, specifically the amendments made by the government to various acts with the objective of better accommodating the problems and difficulties faced by companies in these difficult times and for the promotion of ease of doing business. This paper also discusses mergers and acquisitions (M&A) and how its procedures were affected by the pandemic as well. Firstly, the amendment to “Insolvency and Bankruptcy Code 2016 (IBC)” in March 2020 is discussed in line with the rights of homebuyers and it is analyzed in line with violations of the rights of homebuyers and lack of practical implementation with respect to this amendment. Secondly, the June 2020 Amendment to the code is discussed which suspends any proceedings to ever be initiated in the suspension period prescribed in the Act. This paper analyzes the implications and shortcomings of this amendment with respect to unnecessary results of this amendment. Thirdly, the impact of this pandemic on M&A transactions. There are various processes that need to be adhered to for the purpose of M&A transactions and the pandemic proves to be a challenge in validating the authenticity of these processes. Further, the impact of the pandemic on further consolidations is discussed. Lastly, the Companies Amendment Act 2020 is critically analyzed in light of its implications on the companies. There are various sections which were amended and others which were introduced by way of this amendment. All in all, this particular amendment act would be considered fruitful if proper guidelines for its implementation are further issued.
Ahmad, Nehaluddin, 'Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context' (2021) 1(10) Laws 17 Abstract: The concept of majority rule and respect for minority rights is demonstrated in several constitutions of the world. Oppression by the majority of the minority is barred by articles of these respective constitutions. Today, democracy is mostly a method of government of the people that is ruled by the people. The issue of minority rights is at the center of the concept of civic rights. Minority protection, thus, operates on the hypothesis that religious, cultural, and linguistic affiliations are essential features of the very notion of a civic, just society. This paper offers an alternative account of why minority rights have international significance and more information on the value of an international, socially just process for the allocation of resources by states. By this approach, international minority rights speak to the wrongs that international law itself produces by organizing international political reality into a legal order. This article focuses on the uncertain effect of religious autonomy in India and the outcome of democracy in the country. While the Indian constitution guarantees autonomy to its religious minorities and promises minorities their freedoms, Indian democracy, which was once considered remarkable in scale and duration, has been weakened by the rise of xenophobic nationalism and threats to religious minorities. Even the safety and religious freedom of minorities have been compromised during COVID-19. In the last few decades, these trends have been clear; however, they have dramatically increased in the last few years, and the administration has turned a blind eye.
Ahmad, Saood, 'Access denied: Right to Education in India during Covid-19' (2021) 4(1) Jus Corpus Law Journal 468-476 Abstract: After decades of gradual but steady progress in educating more children across the globe, the year 2020 marked the sudden halt of that development. A record-breaking 1.4 billion children were barred from attending pre-primary, primary, and secondary schools in more than 190 nations by the end of April, as part of a global attempt to contain the spread of the new coronavirus. As the pandemic continued, schools in some countries or jurisdictions reopened for in-person instruction or reopened for some students, whereas schools in other countries or jurisdictions have remained closed ever since, with learning taking place to a greater or lesser extent online or in other remote locations. The traumatic consequences of the Covid-19 epidemic are experienced disproportionately by socioeconomic groups who are already marginalised in society. Because of a countrywide full lockdown in March 2020, all educational institutions throughout India were forced to transfer their operations to online and remote learning modalities, exacerbating the already substantial disadvantages that rural Indian students already faced. This article provides a brief analysis of how the right to education is affected during the covid pandemic.
Ahmed, Sufian, ‘Transformative Constitutionalism: Rise of Coercive Federalism Amidst COVID-19 Migrant Crisis’ (SSRN Scholarly Paper No 4235627, 2 October 2022) Abstract: The Indian constitution which was drafted by the Constituent Assembly of independent India has served as the grunt norm since the past seven decades. In spite of being the most elaborative and lengthiest constitution among the existing nations, the Indian constitution has been amended more than a hundred times. With amendments in place, the constitution has very slowly, yet substantially shown a progressive attitude by moulding itself to the changing ideas of Liberty, Equality and Fraternity into what today we term as ‘Transformative Constitutionalism’. In light of the recent crisis that resulted in a countrywide lockdown, the constitutional provisions have been rendered ineffective in combatting the dearth of welfare suffered by migrant workers and it triggered a debate that the Cooperative federalism of India is moving towards the Coercive federalism. The above allegations are the contemporary reality of the Indian constitution and raises two major question which forms the core of this research that is whether the transformative constitutionalism an indefinite phenomenon? Whether the COVID-19 migrant crisis ensued the increasing tendencies of coercive federalism? The present research delves into the philosophy of transformative constitutionalism, brunt of COVID-19 migrant crisis, federal structure of Indian constitution while drawing parallel to the increasing tendencies of coercive federalism. Part I of the project deals with introduction to the topic and the research question, Part II deals with the concept of transformative constitutionalism at length, Part III deals with the comparison of India’s federal structure during its initial days vs now, Part IV deals with legal framework under the constitution dedicated solely for the migrant workers, Part V of the project delves into the analysis of Code of Social Security 2020 from migrant workers perspective, Part VI and Part VII deals with the scope of coercive federalism amidst migrant crisis and conclusions and suggestions respectively.
Ahuja, Anvita, Jasmeen Kaur and Prateek Rastogi, 'Covid-19 Vaccination Hesitancy: Causes, Legislation And Ethics' (2021) 1(21) Journal of Punjab Academy of Forensic Medicine & Toxicology 226-230
Al-Zaman, Md Sayeed, 'COVID-19-related Social Media Fake News in India' (SSRN Scholarly Paper No ID 3644107, 30 January 2020) Abstract: This study analyzes N=125 Indian social media fake news related to the COVID-19 pandemic. It produces five major findings based on five research questions. First, the seven themes of fake news are health, religiopolitical, political, crime, entertainment, religious, and miscellaneous. Health-related fake news (67.2%) dominates the others. Second, the seven types of fake news contents are text, photo, audio and video, text & photo, text & video, and text & photo & video. More fake news takes the forms of text & video (47.2%). Third, online media produces more fake news (94.4%) than mainstream media (5.6%). Interestingly, four social media platforms: Twitter, Facebook, WhatsApp, and Youtube, produce most of the social media fake news. Fourth, relatively more fake news has international connections (54.4%) as the COVID-19 pandemic is a global phenomenon. Fifth, most of the COVID-19-related fake news is negative (63.2%). The paper concludes stating some limitations and implications of the findings.
Alvarez, José, ‘The Case for Reparations for the Color of COVID’ (2022) 7(1) UC Irvine Journal of International, Transnational, and Comparative Law 7–59 Abstract: This Article surveys the data demonstrating that COVID-19, far from being the great equalizer, has generated starkly skewed adverse outcomes, including grossly disproportionate deaths, among persons of color in the U.S., Brazil, and India, and in all likelihood globally. The ‘color of COVID’ results from governmental actions and inactions that, when combined with long-standing socio-economic vulnerabilities, produce deadly results for certain groups. Global health reformers are not addressing these injustices. Like those who resist reparations for African-Americans, for the global victims of slavery, colonialism and its legacies, or for all of the current pandemic’s victims, those seeking to reform the WHO resist state responsibility or accountability for COVID. This Article argues that since, under international law, states owe a duty to provide remedies to persons within their jurisdiction who are denied fundamental rights because of de facto or de jure discrimination, there will be a substantial number of COVID-related claims presented in national courts and international venues, such as human rights courts and treaty bodies. States will face a choice between allowing judges to respond to actions or anticipating the most serious of them by establishing reparations mechanisms or commissions to address the color of COVID. As students of transitional justice can attest, there are advantages to doing both: allowing tort-like claims to proceed in judicial fora while establishing, at the national and possibly sub-national levels, mechanisms to enable contextually sensitive responses—from government apologies to forms of recompense. Intrastate reparations are more politically viable than interstate claims seeking to establish blame for the spread of COVID. National efforts to provide a measure of restorative justice to those harmed within each country by discriminatory practices are justified morally, legally, and from a utilitarian perspective. Bringing out the facts of the color of COVID and making states accountable may deter discriminatory actions (and inactions) that have furthered COVID-19 and its variants. Enabling accountability for the color of COVID can help mitigate the impact of future pandemics. Reparations would also advance the idea that all persons, irrespective of color of skin, have a basic right to life and health.
Anand, Anku, 'Virtual Courts: The Changing Face of Indian Judicial System.' (SSRN Scholarly Paper No ID 3865629, 12 January 2021) Abstract: The global catastrophe has had a huge impact on India as well as on the Indian judiciary. Throughout India, all the courts have been suspended for more than two weeks, leading to a pause throughout trial proceedings. Access to justice is a constitutional right in order to ensure that there is no infringement of human rights and to optimize social isolation, the judiciary has turned to virtual justice. India's first virtual court was launched in Faridabad in 2019. Until then, relatively little attempt has been made to convert traditional courts into virtual courts. On 26 November 2019, the President of India unveiled an application called 'Supreme Court Vidhik Anuvaad Software,' which is capable of translating English judicial records into nine vernacular languages and vice versa. The Official Multilingual Mobile Application of the Supreme Court of India will also be released to provide accurate real-time access to case status, review screen, judgements to lawyers and litigants, daily orders, etc. Much technical advancement has been made in the judiciary, such as capturing testimony by video conferencing , but a significant change to virtual courts has arisen as a result of the current Covid-19pandemic. Before delving into the key findings and recommendations of the PSC, one question considered by it is of immense importance. Is a court a place or a service? If a court is indeed a service, then it is simpler for it to function online. On the other hand, if a court is a place, more than a service, then that may bring nuances and complications of its own as far as the digitisation of courtrooms is concerned.
Anand, Ishan and Anjana Thampi, 'Pandemic and the Crisis of Extreme Inequality in India' (JSGP Working Paper No 20-001, 15 January 2020) Abstract: The pandemic and the subsequent lockdown created a public health and humanitarian crisis for millions of workers and families in India. Through extensive data analyses of multiple nationally representative sample surveys, we argue that the effects of the pandemic and the associated lockdown have been exacerbated by the pre-existing crisis of extreme inequalities in the country. Multiple dimensions of inequality are explored, such as the disparities in the labour market and in the access to basic amenities. We briefly indicate our most striking findings. 63 percent of the workers and 53 percent of the households in India earned less than Rs 10,000 per month in 2018-19. Substantial gaps in earnings by gender, caste and area of residence persist – on average, female earnings was 63 percent of male earnings, SC earnings was 55 percent of non-ST/SC/OBC earnings and rural earnings was only half of urban earnings in 2018-19. About 905 million people did not have access to piped water, 287 million did not have access to toilets, 127 million lived in rented accommodations, and one-fourth of the population lived in single-room dwellings in 2017-18. The implications of the long-term neglect of the public healthcare system and the disparities in the access to education are discussed. In addition to inequality measures of monetary measures such as household earnings, we construct a multi-dimensional inequality index that combines indicators in housing, water and sanitation. This gives insights on the extent of inequality in non-monetary dimensions. The evidence in this paper clearly identifies that extreme multi-dimensional disparities and disadvantages lie at the heart of the current crisis in India and highlights the need to put redistribution at the centre stage of the development agenda.
Anand, Naman and Dikshi Arora, ‘Where There Is A Will, There Is No Way: COVID-19 and a Case for the Legalisation of E-Wills in India and Other Common Law Jurisdictions’ (2020) 27(1) ILSA Journal of International & Comparative Law 77–94 Abstract: The question of providing due recognition to E- Wills is not a new one. As industries across the world increasingly rely upon technology during the global outbreak of COVID-19, it should come as no surprise that legal professionals have renewed their interest in the present topic. However, at the outset, we must view the present situation with a simultaneous sense of both caution and excitement. If we keep the technological dangers apart (in arguendo), the present situation opens the door for courts to intervene and to bring about a sudden overhaul of the ancien Family and Succession Law regime in commonwealth nations. But on the other hand, numerous hurdles exist-namely with regard to the recording and testing of the genuineness of an E-Will, for example. The question of the validity of an E-Will in probate cases under the Succession Acts of various common law countries is also an interesting one. This article seeks to move a step ahead from Ghatak by analyzing how two years on from her 2017 publication, the COVID-19 crisis has, in all probability, made major common law jurisdictions (with a focus on India, the most populous and judicially overburdened of them all) move into the uncharted territory of recognizing E-Wills as a necessity. Further, this article addresses how the courts can retain their active role and thus obviate the need for a legislative process (presumably, a hushed ordinance) in order to formalize the inclusion of digital methodology.
Apum, Apilang et al, ‘First 100 Days of COVID-19 Firefighting: Hits and Misses of the Policy in India’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 87–119 Abstract: This chapter on India’s first 100 days of response to the COVID-19 epidemic sheds light on the immediate response of the State towards combating the pandemic. It provides a succinct review of the constitutional approach and the measures implemented to handle the pandemic. It also covers the adopted economic policies, surveillance methods, and compliance measures. This chapter came to the conclusion that India could have handled the initial days of the pandemic more effectively by giving adequate notice to the populace and by taking local states into consideration before announcement of the stringent lockdown.
Arora, Himanshu, 'Manifestations of Fake News: Possible Legal and Policy Issues to Be Considered before Formulating Any Law in India' (SSRN Scholarly Paper No ID 3636716, 04 January 2020) Abstract: During this lockdown situation, we have witnessed array of rumors or fake news; from Amul Company shutting down its milk chilling centers to the effective use of ginger, lemon and honey to counter the virus or to dispersing or spraying of the medicine by helicopters. Clearly, the proliferation of inaccurate or misleading news is spiraling upwards, especially during COVID-19 Pandemic situation. Our mobile phones and social media accounts are flooded with fake posts, doctored videos and congenial but unverified theories (especially qua the origin of Corona Virus and its cure), which are quickly shared or forwarded, especially through Whatsapp, Tiktok and Facebook, and out of which some may tickle your fancies at one hand, but some may create tension and unrest amongst people at large. For instance, just couple of days ago, a video on social media went viral where the soldiers of two different armies were shown to be engaged in a provocative incursions and it was being claimed that Chinese soldiers are provoking the Indian army soldiers at the Ladakh Indo-China Border, but the original video was traced back to the year 2014 and pertaining to Arunachal Pradesh Border, though the Indian army has never avowed for the video as well. Such unverified claims or rumors are dangerous and have the ability to instill fear and terror in the minds of people and may cause chaos and disruption in the society and tensions between the countries.Hence, the question is that what is this concept of ‘Fake News’ and why it has assumed immense significance and it is also important to know that in what forms, it exists or reaches to us.
Arora, Tarun, ‘Pandemic and Community’s Sense of Justice through Suo Motu in India’ (2022) 26(7) The International Journal of Human Rights 1272–1292 Abstract: An ideal citizen centric society wedded to the democratic governance always keeps its laws in motion to build an egalitarian and just order. Aesthetic virtue of law lies in the realisation of justice and the creation of an egalitarian order. Against this backdrop, the present paper aims to examine the approach of the Supreme Court of India (SCI) towards COVID-19 Pandemic through suo motu proceedings from various perspectives of jurisprudence and constitutionalism. The government claimed to have strived intensively with full vigour but the response due tolack of preparedness and intense gravity of the catastrophe, the efforts of the government appeared negligible. It warranted prompt revisit of priorities which compelled the SCI to intervene and evaluate the legitimacy of the executive action. Furthermore, it impelled to examine the role of the SCI in responding to the community’s sense of justice and humanising justice. The paper presents the solution to the paradox generated out of the inherent friction between constitutional authority of judicial review and resistance of judicial review of executive actions by a populist government. The scope of the discussion has primarily been confined to Orders of the SCI in suo motu hearings and examined accordingly.
Athota, Shreeja, 'Reverting Back: A Critical Analysis of the Insolvency and Bankruptcy Code' (SSRN Scholarly Paper No ID 3710944, 13 January 2020) Abstract: The Insolvency and Bankruptcy Code was enacted in 2016 with an intention to consolidate the existing framework by creating a single law for insolvency and bankruptcy. It may be noted that one if the major objectives of the Code is to protect the interests of the creditors. The Code sought to remedy the various ‘illnesses’ suffered by the insolvency laws in the previous regime by shifting away from the debtor-in-possession model, prevalent in the previous regime, to the one where both the creditors and the debtors operate within a framework of equity and fairness to all stakeholders to preserve the value of the Company. However, the Code was not perfect by all means, it is still a work under progress. Furthermore, in light of the COVID-19 pandemic, the government has shifted its focus to protecting the interests of the businesses. Although, the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 seems have promulgated with the intention of protecting companies and promoters from no fault liability due to the COVID-19 pandemic, the ambiguities in the legislation seem to raise more questions than answers. In fact, the recent ordinance seems to indicate a transition to the earlier model which was detrimental to the interests of the creditors. Therefore, this essay seeks to address analyze the issues and ambiguities with specific reference to the 2020 Ordinance.
Baid, Nidhi, 'Problems of migrant workers in India' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: The COVID 19 pandemic, and the subsequent economic crisis was tough on the world, but it was doubly hard on the migrant labourers. During the pandemic, India had faced an acute cash crunch, with a huge percent of India’s population facing threats to their job security and reduced salaries. Arguably, it was the migrant workers who were hit the hardest of all considering the fact that they do not have job security and high wages at best of times. During the pandemic, they lost everything and were left stranded with no money, no work and no way of returning home, The rights and benefits available to the migrant workers have improved a lot over the years, but these are still lacking when it comes to protecting them from exploitation by the employers. They still get paid only in minimum wages and have no job security as they are often hired on daily wages. The laws governing them have come a long way from the past, but there is still a long way to go before we can claim to have succeeded in provided them adequate protection against exploitation.
Ballano, Vivencio O., 'Analyzing the Morality of Owning and Suspending Patent Rights for COVID-19 Vaccines in the Light of Catholic Social Teaching' (2021) () The Linacre Quarterly (advance article, published online 8 December 2021) Abstract: Using the Roman Catholic Church’s set of moral principles on social concerns called Catholic social teaching (CST) and utilizing some secondary data and scientific research literature, this article examines the morality of India and South Africa’s request to the World Trade Organization (WTO) to temporarily suspend the property rights and patents of top pharmaceutical companies to their vaccines to allow low-income countries to locally manufacture them to save the lives of the poor during this COVID-19 pandemic. Applying the theological method of “See-Judge-and-Act,” this article argues that the suspension of patents for COVID vaccines is morally justifiable in the light of CST’s principles on the universal destination of earth’s goods, the common good, and preferential option for the poor. The top pharmaceutical companies cannot claim absolute ownership to their vaccines as they do not totally own and fund the entire development and production process. Furthermore, the right to private ownership and patents has a social dimension and must serve the common good and welfare of the poor, especially in times of global emergency such as the COVID-19 pandemic. Patent holders have a moral obligation to promote the common good and save the lives of the poor which must prevail over their capitalist quest for profit. This article recommends that Catholics and Christians must join this crusade for the suspension of patents as part of their spirituality of social transformation., Summary: Applying the Roman Catholic Church’s set of moral principles on social concerns called CST and utilizing some secondary data and scientific research literature, this article examines the morality of India and South Africa’s request to the World Trade Organization to temporarily suspend the property rights and patents of top pharmaceutical companies to their vaccines to allow low-income countries to locally manufacture them to save the lives of the poor during the current pandemic. Applying the theological method of “See-Judge-and-Act,” this article argues that the suspension of patents for COVID vaccines is morally justifiable in the light of CST’s principles on the universal destination of earth goods, the common good, and preferential option for the poor. It recommends that Catholics and Christians must join this crusade for the suspension of patents as part of their spirituality of social transformation., Short Summary: This article argues that patents of the top pharmaceutical companies to their COVID-19 vaccines must be suspended as requested by India and South Africa in the WTO in the light of CST’s moral principles on the universal destination of earth’s goods, the common good, and preferential option for the poor.
Banerjee, Bratati, 'COVID-19 containment: legal framework for regulatory approach' (2020) 2(8) Journal of Comprehensive Health 66-73 Abstract: Legal instruments and frameworks authorize the Government to exercise its powers for enforcing regulations to contain the situation at the time of any health emergency. During the present pandemic of COVID-19 the International Health Regulations 2005 is being implemented globally, in addition to individual country legislations. Several countries have also framed new Acts, Rules and Regulations or amended the existing ones, to fight the battle. With the onset of the pandemic, India has invoked its two existing laws, the Epidemic Diseases Act 1897 and the Disaster Management Act 2005. While the former lays down the public health measures required to be implemented, the latter gives the authorities the power to do so. Using both the laws together is an innovative and comprehensive way to deal with the situation. However, the century old Epidemic Diseases Act is outdated and does not address the situation in the present context. Hence, there is urgent need of revising the Act. Also, instead of multiple Acts, there can be one single Act for integrated, holistic and comprehensive actions for combating the disease. To address situation-specific issues and consequences, a special Act can also be designed and adopted by India, as has been done by many other countries.
Bansal, Sakshat and Shruti Sahni, ‘Bail, Prisons and COVID-19: An Indian Perspective’ (2021) 46(4) Alternative Law Journal 326–331 Abstract: This article explores the implementation of the right to bail for prisoners during COVID-19. Using data from a sample of 50 advocates collected through a face-to-face questionnaire, the article probes lawyers’ perceptions of the functioning of the mechanism of bail in the pandemic. The article also evaluates the efficacy of measures taken to decongest prisons by critically reviewing the criteria identified by the High-Powered Committees of States for releasing prisoners. Finally, it concludes by indicating the urgent need to remedy the deficiencies and provides recommendations for reforming the criminal justice system to safeguard prisoners’ right to life and health.
Bapat, Shreya, 'The new paradigm to health laws in times of COVID-19' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: Begun in 2019, the COVID-19 outbreak has given a new outlook to everything from our lifestyle to laws. This article highlights the position of Right to Health laws in our constitution with help of relevant case laws and draws attention towards the significance of the “Rule of Law” in law-making process during a time crisis. No revisions have been made to the Epidemic Diseases Act of 1897, invoked by several State Governments to combat the spread of virus, ever since it was enacted. Moreover, Data from the Government shows a little over 1% of total GDP is spent over public healthcare over last 10 years. Intending to create awareness among readers regarding the complexities faced in these difficult times in the healthcare sector, the author derives a need for new set of Public Health Laws and their quick implementation by the state. Overall, we conclude the one of its kind COVID-19 pandemic has provided us with an opportunity and wide scope to improve our pre-existing policies and health laws.
Benjamin, MS and C Basavaraju (eds), The Status of Human Rights During Covid-19 Pandemic (University of Mysore, 2022)
Bhandari, Vrinda and Faiza Rahman, 'Constitutionalism During a Crisis: The Case of Aarogya Setu' in Kapila, Uma (eds), Constitutionalism During a Crisis: The Case of Aarogya Setu' (Academic Foundation, 2020) Abstract: Aarogya Setu is a contact tracing app launched by the Indian government on April 2, 2020, as a tool to combat the COVID-19 crisis. Issues concerning the privacy and security concerns with the app have been discussed extensively. In this short piece, we focus on the issue of lack of legislative foundations and certain practical governance oriented considerations related to the roll out of the app. We begin by considering the principles of evaluating executive action during a crisis and whether extraordinary times truly call for extraordinary measures. We then explore the importance of a clear and specific law and why the Disaster Management Act or Section 144, CrPC fail to provide an adequate legal foundation for the app. We then consider the importance of law and process of legislation and provide certain recommendations on addressing the procedural irregularities and governance related issues that were related to the roll out of the app.
Bhandarkar, Abhijit, Altamash Kadir and Ritika Dhabaria, 'Rejuvenating the Law through Technology in India with Special Reference to Corporate Governance, the Judicial System and Alternate Dispute Resolution' (SSRN Scholarly Paper No ID 3981361, 09 January 2021) Abstract: The law is meaningless, if it is not uniform in its application. This uniformity can only exist when the law is accessible. Technology has played a central role in helping people adapt to the new realities of physical restrictions brought about by the COVID-19 pandemic. The web of restrictions threatened accessibility to the Law and the uniformity of its application. However, entities soon adapted to the new normal by using technology. This paper examines these adaptations and assesses the positive impact that technology provides across diverse parameters and its desirability in the present COVID-19 circumstances and also in the future. In the world of COVID-19, most companies have adapted to comprehensive solutions involving technology for good corporate governance. This paper highlights the importance of incorporation of technology (like holding board meetings online) for increasing efficiency of the company and providing maximised benefits to itself and its stakeholders. The e-courts project has made significant advancements in the implementation of information and communication technology in the Judiciary. All Courts in India, except 14 technically not feasible sites are equipped with high-speed WAN connections. During the pandemic, some Courts in India have also adopted ad-hoc technological solutions to carry out a majority of all their functions digitally. This paper encourages the need to further build on these foundational blocks of progress towards a digital judicial system. A digital judicial system would increase access to all courts and tribunals reduce the administrative burden of courts, lead to a better legal education system, decrease costs to litigants/courts and have a positive impact on the environment. Similarly, online dispute resolution uses technology to facilitate the resolution of disputes between parties. It consists of negotiation, mediation or arbitration, or a combination of all three. This paper analyses the possibility of this furthering the purpose of Alternate Dispute Resolution, turning resolution into a truer creature of contracts. Additionally, the utility of blockchain arbitration is assessed in juxtaposition to enforceability of awards under Indian law. Furthermore, there are other possibilities that the advancement in technology brings to the legal field. This paper evaluates the indirect impact of technology in relation to the environment and the education system.
Bhatia, Himanshi, 'Marital rape: Rape that shackled women during COVID-2019' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: Extract: Since the day, lockdown has been imposed in the entire country by the Indian government, in order to protect the nation from the widespread coronavirus, the lockdown started showing its negative impact not only on the ones who are getting affected by such novel virus but it has impacted the families and especially women residing in their homes to a large extent. Earlier to this coronavirus when the lockdown was not imposed before these conditions when women were raped, there used to be implied theories which were followed by the society like, lady must be wearing short dresses, lady must have gone alone without her husband/brother/father or she must be roaming on the roads late at night. Now, during coronavirus there are the restrictions which have been imposed by states on free movement, so, during these conditions we need to ask ourselves that, when women are living in their homes then also, what could be the reason for such rise in the number of women getting raped. The basic principle that has to be understood is that, “rapist remains a rapist regardless of his relation with the victim”. The effect of coronavirus is not only outside the homes but rather this virus has disturbed the women who have been shackled in their own houses.
Bhatta, Snigdha, 'Revisiting Force Majeure in the COVID-19 Pandemic: A Global Perspective' (2020) July(27) NEPCA Bulletin 10-17 Abstract: The present paper attempts to explore the legal trajectory of the force majeure doctrine, and discuss the extent of immunity offered by a force majeure clause in light of the pandemic. It will draw distinctions between the doctrine of force majeure and the doctrine of economic hardship, legal maxims that are often used interchangeably. The paper will also shed light on whether the said immunity can be claimed when there is no force majeure clause in the contract and will do so against the background of Nepalese law, Indian law, US law and UK law.
Bhattacharya, Prateek, '' (2021) 2(17) European Competition Journal 473-505 Abstract: The Competition Commission of India’s (CCI) journey with “control” has been the subject of much discussion in Indian competition law circles. As we witness an increase in reliance on technology as well as a consolidation in conventional industries, both catalyzed by the Covid-19 pandemic, there is a marked increase of activity in the Indian merger market. It is therefore crucial for businesses contemplating mergers and acquisitions, to have a clear sense of the hurdles they need to cross, particularly if the merger activity in question falls in the same or a related industry. The CCI would thus need to provide clarity on what constitutes control, and when transacting parties should approach the CCI. The CCI must also be transparent about control transactions resulting in anti-competitive effects. This paper proposes that the CCI provide guidance on what amounts to control, from the perspectives of both notifiability and competitive effects, to resolve the CCI’s control quandary.
Bhavnani, Sharan, Prashant Narang and Jayana Bedi, ‘Pandemic Restrictions and Street Vendors’ Right to Work in India: Protection through a Robust Rule of Law Framework’ [2022] Australian Journal of Human Rights (advance article, published online 9 October 2022) Abstract: The COVID-19 pandemic has wreaked havoc on the urban poor, particularly street vendors in India. The impact of the virus is worsened by the response of the Union and State governments. To evaluate the challenges faced by street vendors due to the pandemic, this paper seeks to: First, describe the legal architecture deployed in India to tackle the pandemic. Second, elaborate the human right to livelihood in international and domestic laws, and test domestic legislation on the principles constituting the rule of law. Third, assess the various executive orders issued by State governments under these laws on their fidelity to the principles of the rule of law. Fourth, identify the mechanisms which may bolster the rule of law in India by drawing inspiration from the best practices in other countries. Hopefully, these mechanisms, once imbibed, would protect India’s impoverished and the disadvantaged through any crises in the future.
Bhavnani, Sharan, Prashant Narang and Jayana Bedi, 'Rights, Restrictions, and the Rule of Law: COVID-19 and Women Street Vendors' (Centre for Civil Society No , 21 2021) Abstract: This policy brief evaluates the bearing of COVID-19 restrictions on women street vendors. In particular, it outlines: i) the approach adopted by the government to regulate street vending amidst the pandemic; (ii) areas of excesses and its impact on vendors; and iii) international best practices that could guide the government’s future approach in crises.
Biswas, Debajyoti and Parvin Sultana, 'Policing During the Time of Corona: The Indian Context' (2020) () Policing: A Journal of Policy and Practice (advance article, published 31 May 2020) Abstract: According to Oxford COVID-19 Government Response Tracker, India has the most stringent lockdown as compared to other nations and has scored 100% in the scale; nevertheless, there had been sporadic incidence of attacks on police personnel and medical workers in different parts of India. This article argues that such resistance comes from two broad factors: (i) a collective scepticism that has built up among certain section of people and (ii) a tool of defiance against the government. In order to quell such resistance, community leaders and the police can play a very crucial role. In order to establish the above hypotheses, a quantitative approach of the events that have occurred in India during the lockdown period of 21 days shall be considered.
Biswas, Subrata, ‘Correlation Analysis Between the Law and Life Insurance Sector During Covid 19 Pandemic’ (2024) 1(1) Journal of the Royal Laureates Academy 42–50 Abstract: Insurance is the valuable tool for managing catastrophic risks. It serves as a means of influencing the insured party’s behavior in addition to providing compensation. Moreover, a multilayered strategy that includes the government acting as a reinsurer of last resort in addition to providing insurance and reinsurance may be able to address the capacity issue. In the private governance of insurance, it matters whether purchasing insurance is required by law or by common sense. Numerous studies show that technical tools can improve safety and lower losses in workers’ compensation insurance. There is evidence that auto insurers’ risk-based pricing and deductible policies encourage safer driving. Certain minimum requirements for both auto insurance and workers’ compensation are usually imposed by law in these prosperous times. If the insured cannot just stop or cut back on coverage if they incur large rate hikes as a result of prior losses. As a result, insurers who provide coverage in practically mandated areas like workers’ compensation, homeowners’ insurance, and driver liability have a compelling case for a reduction in aggregate risk, at least over the short and medium terms. Some insurance firms’ refusal to pay claims connected to pandemics, particularly when it comes to business interruption insurance, has damaged trust in the insurance industry.
Boruah, Jayanta and Sarthak Aryan, 'COVID-19 Pandemic: Justice Demands for Increasing Deterrence in India' (SSRN Scholarly Paper No ID 3787361, 17 January 2021) Abstract: COVID-19 has brought entire humanity to its knees but still, people are fighting with full dedication to restrict the spread of such a deadly virus. In India too, similar situations have appeared where the states have taken several spontaneous steps to ensure better safety of its citizens, yet a few are seen to be committing atrocities like intentionally trying to spread this virus, or obstructing the measures meant for preventing such spread thereby causing a threat to the lives of the entire citizen. Therefore, it becomes essential to have strict laws for creating deterrence in the minds of such offenders and also to provide justice to those who are sincerely performing their duties. Thus, this article will attempt to analyze the existing legal provisions to know whether there is a need of bringing a new law or not?
Boruah, Jayanta and Sarthak Aryan, 'Impact of COVID-19 on the Justice Delivery System for Legal and Illegal Migrants of Assam' (2021) Bennett Journal of Legal Studies (forthcoming) Abstract: The entire world is facing several economic and socio-political issues due to this sudden outbreak of the COVID-19 pandemic. Similarly, India is also facing such issues where the plight of migrant workers across the Nation has led to a huge humanitarian crisis, especially due to the nation-wide lockdown. Amongst those migrant workers, a significant population also belongs to Assam. However, unlike the other States of India, the situation in Assam is unique. Assam is a State which has always been known for a huge influx of illegal immigrants across the borders from Bangladesh for which there had been several conflicts with the indigenous population of Assam in the past and due to recent political happenings in the State, such conflicts have again arisen. It was in such a situation that this outbreak occurred for which a huge section of legal migrants, who are Assamese by origin, had to surrender their jobs and were forced to return home. This is likely to increase the economic burden over the State since unemployment rates will go up and subsequently scarcity of resources will increase. Thus, it might not be feasible for the State to meet the demands of both the legal as well as illegal immigrants with a downgrading economy as a result of this pandemic which is going to increase tensions and conflicts in the State. This paper will therefore attempt to understand the efficiency of the justice delivery system in dealing with the plight of such migrant workers and will also try to find out certain possible solutions to this issue.
Bose, Anushka, Anousko Das and Rudranil Biswas, 'Competition Law Being Spotlight Amidst Pandemic 2020' (SSRN Scholarly Paper No ID 3819457, 05 January 2021) Abstract: Due to the COVID-19 pandemic, competition laws were seen at the spotlight. Unnecessary increase in the prices due to increase in demand has led to profit for many businesses but also downfall of yet many.
Byrne, Dr George, 'Fluid Vulnerabilities: Narratives of Modern Slavery in India During Lockdown' (2021) 2(6) Journal of Modern Slavery 51-78
Candler, Blake, 'Court Adaptations during COVID-19 in the World's Two Largest Democracies' (SSRN Scholarly Paper No ID 3609521, 24 January 2020) Abstract: Physical distancing measures to mitigate COVID-19 have significantly disrupted the judiciaries of both the United State and India. Courts are strained by an increased case backlog during and immediately after pandemics, as they receive more incoming cases and are less able to process them. Public safety interventions and economic decline cause the caseload to increase. The rate at which courts process cases, known as their disposal rate, decreases as in-person courtroom procedures are interrupted due to physical distancing requirements. Since the start of COVID-19, disposal rates have remained relatively high in the United States while they have plummeted in India. This article explores the main reasons for this difference, particularly the role of virtual courts. It also analyzes the benefits of virtual courts as well as their challenges, including data security and privacy, connectivity and remote access to files, and accountability to the public.
Chakraborty, Anogh and Shubhayan Chakraborty, ‘Obligations of Medical Professionals During a Pandemic: An Analysis of Law and Ethics’ (2020) 3(2) _Indian Journal of Health & Medical Law_ Abstract: A doctor assumes a certain level of authority in discharging his duties during a situation of crisis which may bring about criminal liabilities. The generic debate that if the medical professionals are legally bound to serve relentlessly, knowing that it may cause significant physical harm or death as a part of the professional commitment to the society, is sought to be debunked in due course. Medical literature comparatively, in different countries have scrutinised what codified and standard professional ethics can a medical professional be a subject to when the number of infected people dramatically rises in calamitous circumstances. As India continues to be dependent on a colonial statute, it lacks provisions governing the action of state authorities and their response mechanisms in times of an epidemic. The paper finally concludes with remarks on the Constitutional elements of the response surrounding the spread of COVID-19, the basic right to health care thereof, and the way forward for the Indian health care framework to combat this emerging crisis.
Chandra, Aparna, ‘A Life of Contradictions: Group Inequality and Socio-Economic Rights in the Indian Constitution’ in Shreya Atrey and Sandra Fredman (eds), Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press, 2023) 311 Abstract: The Covid-19 pandemic has demonstrated that crises exacerbate and are exacerbated by antecedent inequalities associated with group identity. Addressing such inequalities requires adopting a normative principle—which equality law can supply—that places a positive duty upon the state to redress socio-economic disadvantages arising from group identity. However, as this chapter argues, the Indian Supreme Court has failed to engage with questions of socio-economic disadvantage in conjunction with group inequality. On the one hand, while the Court has understood the Constitution’s equality code as encompassing a substantive vision of equality, by and large, the Court has not read into these provisions any judicially enforceable positive obligation on the state to redress group-based disadvantages. As such, state failure to secure substantive group equality remains non-justiciable. On the other hand, the Court has read in positive obligations of redistribution into its socio-economic rights jurisprudence; however, it has not engaged with questions of group equality in understanding the scope and content of these rights, the concomitant positive obligations on the state, or in the remedial action ordered by the Court. This gap between the constitutional guarantees of equality and of socio-economic justice leaves unaddressed the group-based material disadvantages that lead to exponential inequalities in times of crisis. An argument for bridging this gap would raise the question: should courts adjudicate and enforce positive state obligations at all? The chapter argues that a focus on group equality can actually address some of the concerns with the Court’s extant practices and processes regarding the adjudication of socio-economic rights.
Chaturvedi, Aishwarya, ‘Law Libraries, Copyright and Digital Lending’ (2024) 27(3) Journal of World Intellectual Property 515–531 Abstract: The article titled ‘Law Libraries, Copyright and Digital Lending’ aims to bring to the fore copyright issues related with digital lending by law libraries and is a comparative study of the copyright law of India and the United States. Accordingly, this piece will analyze the situation in two jurisdictions—India and the United States to understand the facilitation of digital lending by law libraries, particularly during the COVID‐19 pandemic. It will look at some key concepts such as publication, distribution, reproduction, controlled digital lending, fair use, fair dealing, public interest, exhaustion, and copyright infringement. To understand the practice of digital lending by law libraries in India and controlled digital lending in the United States the author interviewed a few librarians from both countries and learnt about the challenges faced by librarians to facilitate digital lending. The author also learnt that while librarians in the United States practice controlled digital lending, librarians in India do not; they practice only digital lending. Testimonies of librarians and analysis of the present law and precedents in India and the United States led the author to understand that there is no concrete law on digital lending by law libraries at present in the two jurisdictions. Accordingly, this article discusses the utility and necessity of digital lending by law libraries in the present times, as also that of controlled digital lending.
Chaturvedi, Aishwarya, ‘Potential Violation of the Right to Education in India: Digital Education, Underprivileged Children & COVID-19’ (SSRN Scholarly Paper No ID 4031647, 10 February 2022) Abstract: In ancient India, there were no ‘formal’ schools, instead there were Gurukuls. Gurukul was a type of school where students lived on the same premises as the teacher (guru). Students would live together as equals, irrespective of their social standing, learnt from the guru and distributed chores amongst themselves to help the guru in his day-to-day life. However, times have changed and so has education. Internet has facilitated cross border business and education. Zoom, Messenger and Skype facilitate global communication and transactions and now, because of the not so novel anymore coronavirus- ‘virtual’ classrooms. This paper aims to answer the question whether digital-only-education/predominantly digital education in India is a potential violation of the fundamental right to education? It aims to bring to the fore issues related with digital education and provide prescriptive solutions for such issues. In this regard, I will analyze the situation in India to understand how the COVID-19 pandemic impacted the education of underprivileged children. I will look at some key concepts such as the right to education, right to access to the internet, digital divide, and gender disparity. I will analyze how the introduction of online/digital education during the pandemic without the requisite resources further worsened the digital divide in India and played to the disadvantage of underprivileged children, particularly females. To further aid our understanding, I will discuss the situation in certain other countries such as Madagascar, Jordan, Timor-Lester, United States of America, Fiji and Vanuatu. This paper will analyze how lack of access to the internet and electronic gadgets, and digital-only-education/predominantly digital education violate the fundamental right to education. Accordingly, I will make recommendations to facilitate and supplement online education in India.
Chaturvedi, Dr Shakti et al, 'Directive Government Policy and Process for the People Amidst COVID-19' (SSRN Scholarly Paper No ID 3755221, 25 January 2020) Abstract: The present work offers reporting and investigations of the current issues about COVID-19, during the second quarter of 2020 in India concerning government responses, people, and policies. The authors have done an exhaustive content analysis of media reports, government briefings, social platforms, and presents some recommendations for more robust responses. Also, the authors have investigated critically the past learnings from the smaller scale epidemics like Ebola in West Africa to extract the lessons learned to combat the current pandemic. The present manuscript describes the impact of COVID-19 on the local, regional, national, and international communities. The authors also suggested ways to tackle misinfodemics. The paper also explains how the active COVID-19 response program affected democracy, civic liberties, and individual freedom across the globe. However, the suggestions given in the paper are concluded through the lens of previous pandemics and lessons learned in the last three months of the current pandemic. As each pandemic has its unique impact in terms of its transmission and its impact on social wellbeing, which is evolving every day, the conclusions can be considered as suggestive only as the pandemic will unfold itself in the future.
Choudhary, Namisha, 'Law and Pandemic: Commercial Laws changed in India during Covid-19' (2021) 4(1) Jus Corpus Law Journal 532-539 Abstract: The research study has been undertaken with the purpose to study the changes in commercial laws in India during Covid-19. The study focuses on the force majeure clause and insolvency laws. The effect of the pandemic on the law has been analysed and how legal disruption was a measure to cope up with the pandemic. The research study also sheds light on the impact of a pandemic on business and how various strategies were undertaken in order to prevent the businesses from shutting down and go down to the edge of insolvency. The research focuses on commercial laws amended because of the loss economy faced during COVID-19 in India. However, examples of the global market and other countries have also been given. COVID-19 was declared a pandemic by WHO on March 11, 2020. A number of areas were affected by the pandemic. The business was one of the areas which faced severe problems and in order to help the firms solve those problems, a way of legal disruption was adopted to change a few commercial laws which helped in preventing the business. The research deals with those changes in laws of change in the commercial sector such as Insolvency Laws and Force Majeure clause. The research has aimed to answer various questions such as the effects of a pandemic on the commercial sector, amendments in the existing laws in order to maintain a balance and provide relief to people, and other measures taken by the government of India to save the business sector to some extent from going into complete insolvency and bankruptcy.
Collaco, Aafreen Mitchelle, ‘Contact Tracing Applications and Informational Privacy amidst the Pandemic in India’ (2022) 36(3) International Review of Law, Computers & Technology 368–381 Abstract: Various technological interventions introduced during the COVID-19 pandemic outbreak have resulted in numerous challenges, including the protection of informational privacy. Contact tracing applications are one such method adopted by governments worldwide to contain the pandemic. Their key features involve the collection and use of sensitive personal data, such as an individual’s personal information, health record, and location, raising concerns among regulators. Regulators must ensure that these technologies align with informational privacy protection. The current legal regime in India is not sophisticated enough to delve into issues that concern contact tracing technology. In India, the introduction of the Aarogya Setu Application (contact tracing application) gained attention when the Ministry of Home Affairs (MHA) made downloading it mandatory for individuals. Eventually, doing so was made voluntary. Considering these current trends, this paper aims to examine developments in data privacy issues specifically regarding surveillance technologies and tracing applications in India. It highlights and analyzes them considering private players which announced their partnership in creating a robust contact tracing application. The study also adopts a comparative examination of existing contact tracing applications and their privacy policy along with the Indian version and explores how one deploys jurisprudence for informational privacy as perceived in India.
Dari, Sukhvinder Singh, Ahmar Afaq and Amish Abdullah, ‘Labour Law Relaxations During COVID-19 and Child Rights Concerns with Special Reference to Child Labour in India’ (2022) 9(1) NIU International Journal of Human Rights 163–172 Abstract: Any country’s present and future economic progress is directly proportional to adequate human resource development in the forms of proper education to children and young adults, safety measures, legislative safeguards against exploitation and crimes and a holistic environment for their growth. However, with the onslaught of difficulties that were beyond prediction due to the COVID-19 pandemic, adversities like financial deceleration, reverse migration, cash crunch etc are at an all-time high, multiplying dilemmas for families with mouths to feed but no source of income. This combination of negative factors has caused the issue of child labour to take forefront again due to the massive rise in its numbers. Another major problem that worsened the employment apathy is the sudden change in labour laws, causing a return to the exploitative and unreasonable conditions of olden times where rights were all but theoretical. This article is an attempt to understand the parallelly-operating issues of child labour and labour law reforms’ adverse effects, comprehending the interplay of colliding factors like government impositions, operational stagnancy etc, highlighting reasons for the soaring issues, studying their impact on present and future conditions as well as providing possible suggestions to counter the troubles.
Daripa, Arupo, 'India’s Lockdown and the Great Exodus: Some Observations' in Billio, Monica; Varotto, Simone (eds), India’s Lockdown and the Great Exodus: Some Observations' (Ca’ Foscari University Press, 2020) Abstract: The pandemic-induced lockdown in India caused a great exodus of millions of seasonal workers from cities, an impact for which the government was completely unprepared. This essay considers the socio-economic setting of the exodus, the potential economic and epidemiological impact, policy suggestions, and evaluation of the policy (non)response of the Indian government. We consider the underlying political economy of policy distortion and suggest ways that might enable incentive compatible corrections.
Das, Pragnya and Arpita Mitra, ‘An Exploration of Socio-Economic Factors and Post-COVID-19 Impact on Children in Conflict with Law: A Study in Odisha, India’ in Rabi Narayan Subudhi et al (eds), Future of Work and Business in Covid-19 Era (Springer, 2022) 229–236 Abstract: The COVID-19 pandemic has put a major impact on the children in conflict with law. This paper aims to capture the major key issues and the necessary steps taken by the state government to mitigate the negative consequences for children in conflict with law. It is found from various studies that during the beginning period of COVID-19, reduction in the rate of crime is observed, and the reason for this is due to drastic change in the routine activities of the individuals and with the closure of schools, colleges and other services. The pandemic effect of staying at home and social distancing led to decline in crime rate by the juveniles. The most concerning part was the staffing crisis seen at observation and special homes in the state of Odisha. The social factors such as parental supervision, love, care and affection play vital role against delinquent behaviour of children.
Dash, Lipsa and Sambhabi Patnaik, ‘Artificial Intelligence in Covid-19: Application and Legal Conundrums’ in Sachi Nandan Mohanty et al (eds), Applications of Artificial Intelligence in COVID-19 (Springer, 2021) 581–595 Abstract: The current healthcare system needs strong support from new technology support systems like Artificial Intelligence (AI), Internet of Things (IoT), machine learning devices to help diagnose, analyze, assist, and prevent new diseases that are spreading in our world. The current international crisis that the world is suffering and witnessing is a virus contaminating and the spread which initiated as an epidemic but later declared by WHO to be a pandemic Covid-19. Corona virus has triggered a global challenge and has crossed boundaries in dismantling mental and physical health of people. AI technologies have seen to be introduced to help management of patients real time monitoring of its outbreaks and helping update the patients data, improve treatment outcome by prioritizing patients, diagnosis and recording of minute fluctuations in patients, assisting medical practitioners and giving productive solutions. The researchers will show the paradigm shift in the number of patents filed every year in the field of AI specific to healthcare sector from diagnosis to recovery of patients. The chapter includes how all the above applications lead to legal conundrums and the imminent need of bringing amendments to existing legislations or drafting new policies and encouraging government to bring up initiatives for innovations and research and development on the same. The Constitution of India has incorporated provisions which guarantees everyone the ‘right for the highest attainable standard of physical and mental health’. With the growth in usage of AI-induced systems in the healthcare sector, it has invited some unwanted issues. Protection of sensitive personal information and the impact assessment is however a major concern and is dealt by different International and national legislations and bills. AIs will soon lead the national security of India and economy. An analysis on the existing data, application of AI in healthcare and the legal implications shows the expected outcome in a few years. The consequence mainly technical and legal is discussed by the researchers.
Deepali Rani, Sahoo, ‘Legal Dimensions on ADR Mechanisms and Using of Technology for Solving Marital Dispute: Special Reference to COVID-19’ (2023) 10(1) Splint International Journal of Professionals 71–80 Abstract: With roots in the Neolithic era, the Indian legal system is among the oldest in the entire globe. It’s a system that’s always changing, adjusting, and settling in to meet societal demands. The court, which is one of the foundations of Indian democracy, has consistently taken the side of the wronged parties to uphold their rights and combat injustices, inequity, brutality, and exploitation. However, the system has recently been plagued by a number of issues. As Justice Ramana recently noted, one of the main obstacles to upholding the rule of law and defending human rights is the formal legal system’s incapacity to provide everyone with prompt and cheap justice. The main objective of the study is to find out the relationship between ADR mechanisms and marital relations with family disputes. Secondly the impact of ADR mechanism by using technology for proper settlement of the dispute. Thirdly, the legal dimensions of using technology are linked with the ADR mechanism laid down by the court of law.
Derek, Miller et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ [2021] Safety and Health at Work (advance article, published 26 August 2021) Background: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Dolla, Tharun, ‘Exploring the Legal Perspective of the Impacts of COVID-19 on the Public–Private Partnership Procurement Model’ (2025) 17(2) Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Article 06525001 Abstract: Addressing the impact of the outbreak of the coronavirus disease (COVID-19) pandemic on public–private partnership (PPP) concessions rests on the legal body of knowledge. Thus, a proper understanding of the applicable clauses, case laws, and legal precedents that add to jurisprudence is needed. This study sets out to contribute to this end. In this legal note, cases and acts of India are analyzed to derive the principles for solving disputes related to PPPs emanating from the COVID-19 pandemic, specifically emphasizing specific practice and application of the law. Findings indicate that the extension of time requests does not have any roadblocks. However, the interpretation of clauses when compensation is involved is multilayered, making it obscure. Accordingly, this study synthesized conditions that act as ratio decidendi to understand and settle the effect of COVID-19 on PPP contracts that particularly require compensation. If there are no explicit terms in contracts on pandemics, the force majeure (FM) clause in India is carefully and narrowly applied, and commercial impossibility from the principle of frustration is not considered. Thus, causation must be carefully established by a private agency through appropriate documentation and intimation to a public agency. This is important because the findings show that there is no uniform consensus in Indian courts on whether the COVID-19 pandemic constitutes a force majeure or a change in law. This study adds to the limited discourse that started to emerge on this topic, particularly in the PPP context.
Dubey, Uttam, 'Right to Emergency Medical Services In India' (SSRN Scholarly Paper No ID 3639124, 30 January 2020) Abstract: The onslaught of the Novel Corona Virus (COVID-19) pandemic has awakened the individuals and governments globally from the delusion of possessing an efficient public health care system to the worst of the nightmares. The nightmare of people from most advanced countries dying on the streets due to non-availability of beds in hospitals is turning into reality during this pandemic.Although the intellectuals worldwide are busy painting the post-COVID-19 scenario, it is difficult for anyone to paint a conclusive picture of pandemic aftermath. Nonetheless, this pandemic has white-washed the farce created by the States in providing efficient healthcare to its citizens.The situation in India is much grave. Developed countries worldwide became helpless at the peak of the pandemic as the number of patients exceeded the public health care infrastructure. However, in India, the helplessness in providing adequate medical care is imposed on the citizens due to non-cooperation from private hospitals.During the pandemic, the private Hospitals, on the one hand, refused to treat non- COVID 19 patients by mandating a COVID 19 negative certificate and on the other hand did not open up their infrastructure for the COVID-19 patients by citing health concerns of its negative patients. This non-cooperation of private hospitals was precipitated by inaction of the government in enforcing their writ on these hospitals.These dire circumstances compel everyone to ponder upon a pertinent question related to emergency medical care in India. Whether as an Indian citizen, do we have any right to emergency medical care and whether the authorities are doing enough to ensure such right is not violated due to whims of management of private hospitals?The question is as tricky as any question related to rights of Indian citizens enshrined in Constitution of India as it provides a dream of utopian State for its citizens, like the delusion of the efficient public health care system as stated above. However, Indians most often wake to the reality of their rights trampled upon without any redress by institutions created under the Constitution.
Dunna, Gracious Timothy and Ronak Desai, 'SCL-India Survey 2020-21: On the Impact of Coronavirus Pandemic on the Construction and Infrastructure Industry' (SSRN Scholarly Paper No ID 3850832, 01 January 2021) Abstract: SCL-India, with the support of the Western-India Chapter, took the initiative to create a national resource of information for and by the construction and infrastructure industry about the impact of coronavirus (COVID-19), force majeure events, and the delivery of services. We believe that the survey has helped us identify current and future legal needs arising from the pandemic and related lockdown measures. The Reporters, Gracious Timothy Dunna and Ronak Desai, created the Survey and prepared the following Report, after receiving comments from members of SCL India. SCL-India welcomes comments, feedback, and observations concerning the Survey and the Report for inclusion and implementation by SCL-India.
Dutta, Shukla and Supriyo Kundu, ‘The Recent and Changing Trends of Divorce Post Covid-19 Lockdown in India Concerning the Hindu Law’ (2022) 3(1) Jus Corpus Law Journal 290–303 Abstract: There was a time in India when there were almost no/fewer trends of divorce in the Hindu community, as it was a pretty rare phenomenon and not at all prevalent. According to Hindu Law, the marriage of two persons is considered to be a sacramental union. We know divorce to be the disintegration of marriage, or as the legitimate end of a marriage, to manage the issues brought among the two married people due to marriage. Divorce in those days brought severe mental injury. The child of a divorced relationship was poorly treated, thus causing a pathetic experience for the divorcees. However, after the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act) was introduced, all Hindu laws related to relationships in family and society were thoroughly revised, including divorce, which caused the disintegration of marriages progressively simpler when the Act was amended in 1976. However, with the advent of modernization and westernization in today’s world, the rigid boundaries that were once a part of traditional Hindu life have completely changed in terms of lifestyle and relationships. The reasons for this change were women empowerment and employment, change in demographics from the rural villages to the urban cities or metros, the breaking up of extended families into small nuclear families, and live-in relationships. It can be understood that the conventional systems have been erased in modern society, thus offering a lenient socio-cultural life. With the onset of the Covid19 lockdown, the rate of divorce spiked throughout the country and led to the breaking up of most couples during this time. This Research paper will lay stress on the changing scenario of divorce before and after the Covid-19 lockdown, examine the recent trends and causes for divorces during this period, and suggest possible solutions that might resolve the problems in a family.
Dwi Sherlin, Delvina and Zalfa Zahirah, 'Online Gender Based Violence Against Women During Pandemic From The Perspective Of International Law' (2021) () _[no publication information provided]_ Abstract: Violence against women and girls is very high in the present world. Any kind of violence is a violation of their human rights which often causes due to their lack of protest and easy submission in and out of the house. Many researchers have found that, in Indian culture, since the very early periods, women as a group have been dominated by men. Their status in the family and society has been low. Gender-based violence has become a hot topic lately, as the case has increased to many times over, due to the large number of social media users who are not careful and negligent in learning and understanding what positive things should be, as well as negative things that need to be avoided. Therefore, the need for education and good understanding in using social media. And fortunately, there are still many Institutions that are ready to handle such cases, such as KOMNAS HAM, CEDAW and United Nation Women.
Ebenezer, Hazel Lincy, ‘The COVID-19 Crisis, Domestic Violence and Indian Legal Shortcomings: An Examination of How the Pandemic Helped Reveal Structural Deficiencies in the Indian Legal Framework’ (2025) 9(1) Kent Law Review 9–24 Abstract: Since the beginning of 2020, the COVID-19 crisis affected the lives and livelihood of millions, if not billions, around the world. This extremely public global pandemic was closely followed by a relatively private and less obvious ‘shadow pandemic’. The terminology of a ‘shadow pandemic,’ coined by the United Nations, refers to the sharp increase in gender-based crimes and violence against women since early 2020. Such an increase is especially seen in reference to cases of domestic violence, with many families forced to stay home together for most of 2020 and 2021. In fact, in April 2020, UN Secretary General Antonio Guterres requested for the declaration of a worldwide domestic violence ‘ceasefire’. While doing so, Guterres urged governments to ‘put women’s safety first as they respond to the crisis.’ Despite the international community petitioning for such action relatively early, many governments still failed to account for gender-based violence in their COVID action plans, and the rates of domestic violence in countries all over the world continued to rise.
'Effects of the Covid-19 crisis on Limitation Periods' (2020) 9 (April) Lawyer (Online Edition) 1 Abstract: The article offers information on the enactment of Indian 2nd COVID-19 Act on limitation periods. It mentions that there is a substantively significant provision in Section 2, the period from the entry into force of this federal law on March 22, 2020 until the end of April 30, 2020 is the time in which a lawsuit or an application may be filed with a court or a Declaration is not included. It also mentions that deadlines for appealing to the court will be suspended in the advent of COVID-19.
Faizan, Neelam and Eqbal Hussain, ‘Fake News in India during Covid-19: A Legal Study on the Spread of Fake News via Social Media’ (2022) 3(1) Jus Corpus Law Journal 254–273 Abstract: Since the last decade, social media has become a breeding ground for fake news, with viral messages, photographs, and videos being shared at a speed that has never been seen before. Recently, numerous events have come to light that shows how dangerous the spread of fake news can be for society. Moreover, its spread, either intentionally or unintentionally, is endangering our rights in a number of ways. Furthermore, it poses a significant threat to our human rights, such as the right to health. In the present scenario, as people throughout the world are fighting COVID-19, another battle is raging, and that is the battle against the problem of fake news. Globally, fake news relating to health has become one of the biggest threats during COVID-19. The world struggled with a flood of false information relating to the new pandemic, and India was no exception. Even it was said that the virus of fake news travelled much faster than the coronavirus in India. In this context, the researcher has tried to examine the issues of the spread of fake news in India during COVID-19 and the perceptions of different individuals towards the same.
Gahlot, Sheetal and Kanwal DP Singh, ‘Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries’ (2024) 17(2) Law and Development Review 331–365 Abstract: The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.
Gandhi, Manika, ‘Navigating Turbulent Skies: Insolvency and Bankruptcy in the Aviation Sector’ (2024) 14(3) IUP Law Review 107–119 Abstract: The aviation sector, essential for global trade, tourism, and cultural interaction, has evolved from a luxury to a vital economic component, generating billions annually. However, the Covid-19 pandemic has drastically reduced air travel demand and revenue, leading many airlines into financial distress, insolvency, and potential bankruptcy. This study examines the legal and policy frameworks addressing aviation insolvency, historical and contemporary causes of financial distress, and the impact on airline employees, clients, and suppliers. It evaluates government bailout programs and the role of aviation leasing companies and financiers in the bankruptcy process. Additionally, the study analyzes cross-border bankruptcy issues and their effects on global coordination. Besides discussing alternative funding and investment models for the industry’s recovery, the paper offers insights and recommendations for policymakers, to ensure the aviation sector’s long-term viability and resilience postpandemic.
Gandhi, Manimuthu , Tania Sebastian and KR Rajasathya, ‘Response of Higher Judiciary to Covid-19 Disruptions in India’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 203 *[OPEN ACCESS BOOK]* Chapter summary: 1. Introduction. Landscape of the COVID-19 litigation before higher courts in India. 2. Fundamental rights. 2.1. Right to life and personal liberty. 2.1.1. Vulnerable category. 2.1.2. Right to Health. 2.1.2.1. Healthcare system. 2.1.2.2. Vaccination. 2.1.2.3. Miscellaneous matters – including fines, burials, and responses to other diseases. 2.1.3. Right to Privacy. 2.1.4. Mitigation and Access to Justice. 2.1.5. Right to Education. 2.1.5.1. School education. 2.1.5.2. College/University education. 2.1.5.3. Competitive examination. 2.1.6. Freedoms under Article 19. 2.1.6.1. Freedom of speech and expression. 2.1.6.2. Freedom to assemble peaceably. 2.1.6.3. Freedom to move freely throughout the territory of India. 2.1.6.4. Freedom to practice any profession, or to carry on any occupation, trade or business. 3. Conclusion.
Ganesh, Sheela, ‘Novel Drug Discovery Including Pandemic Crisis: Legal & Ethical Implications on Scientific Experimentation on Animals’ (2020) 8(4) Bharati Law Review 29–36 Abstract: As and when different spectrum of diseases emerges there a need for developing new, better and effective medicine. On an average it takes around ten to fifteen years to develop new medicine and the animal study involves only a small portion of it. However, insignificant it is, the scientific experimentation on animals is critical in determining safety, quality and efficacy of new medicines before its use on the subjects. In such a case regard for animal welfare is a top priority. While conducting the invitro studies, the stakeholders involved in discovery of new drug shall have to comply and confirm to the regulation and rules. The paper aims to analyze the animal welfare aspect, relevant international and national regulations pertaining to scientific experimentation on animals in novel drug discovery including pandemic crisis, legal and ethical issues in prevention of cruelty to animals in nutshell.
Gangadarsana, P G, 'Right to health: It's implications in India during the COVID era' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: ‘Right to Health’ is a fundamental human right that is imperative of all other rights. The human right to health is guaranteed internationally and nationally in various International Instruments and National legislations respectively. Ever since the outbreak of novel Corona virus, there prevails an incessant debate of defending the basic right of health to every human-being by various organizations and communities across the globe. The World Health Organization, being the upholder of health right stays as a silent spectator when it comes to balancing the right of health and controlling the spread of Covid, ever since it declared the spread of virus as a ‘Global Pandemic’. In India, COVID-19 is contemplated an eye-opener in the arena of ‘Public health care system’ and ‘Protection of right to health’. This article brings to light, the implications revolving around ‘Human right to Health’ – the framework of laws and the infrastructure of public health system in the post-Covid era in India.
Gesley, Jenny, 'Regulating Electronic Means to Fight the Spread of COVID-19' (Law Library of Congress Legal Report No , 06 January 2020) Abstract: Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Ghatak, Amrita and Kingshuk Sarkar, ‘Legal Protection for Domestic Workers in COVID-19 Pandemic Times in India: Employers’ Perspectives’ (2023) 58(3) Indian Journal of Industrial Relations 515–530 Abstract: Based on data from Ahmedabad and Kolkata cities, this paper discusses how employers perceive domestic workers and how those perceptions influence the status of employment, wages and working conditions as well as the employer-employee relationships in the ‘new normal’ state post Lockdown phase during CODIV-19 pandemic in 2020. The results stand for deterioration in the terms of employment and employer-employee relationships. One of the main consequences has been the reduction of working hours or loss of job resulting from fear and restricted mobility due to confinement measures during Lockdown. Most of the gated communities have put unreasonable restrictions on the movement of domestic workers and resorted to extra-constitutional measures to prevent even willing households from engaging domestic workers going over and above the Govt. of India guidelines.
Ghitani, Sara A et al, ‘The Ethical and Medico-Legal Challenges of Telemedicine in the Coronavirus Disease 2019 Era: A Comparison between Egypt and India’ (2021) Clinical Ethics (advance article, published online 29 November 2021) Abstract: BackgroundIn the coronavirus disease 2019 era, doctors have tried to decrease hospital visits and admissions. To this end, telemedicine was implemented in a non-systematic manner according. The objective of this study was to assess the current knowledge and attitudes of physicians in Alexandria, Egypt, and Punjab, India, toward telemedicine and its ethical and medico-legal issues.MethodA cross-sectional study was implemented using an anonymous self-administered questionnaire carried out over two months (July and August 2020). A four-point Likert scale was used to collect data about background knowledge, training in telemedicine and ethical and medico-legal issues in telemedicine practice.ResultsThe questionnaire was completed by 175 Egyptian and 51 Indian physicians from different specialties. A significantly higher percentage of Indian physicians practiced telemedicine than Egyptian physicians during the coronavirus disease 2019 era. Although most physicians had no specific training or licensing to practice telemedicine, most of them practiced telemedicine through their social media accounts. Ethical violations involving waiving patient consent were detected. Significant ethical violations to doctors, for example, blackmail, defamation, hate speech, accusations in a court and violations of privacy, were observed. Indian physicians (39.2%) and Egyptian physicians (24%) thought the penalties should be lower in telemedicine than in traditional practice. Finally, most participants would like to continue using telemedicine after the coronavirus disease 2019 era but with improvements.ConclusionsCoronavirus disease 2019 changed the acceptance of telemedicine by physicians. Many ethical and legal issues need to be addressed and clarified using formal training before implementation and standardization of telemedicine services.
Golder, Papiya, 'Future of virtual courts in India post pandemic: An analysis' (2020) 2(7) International Journal of Research and Analytical Reviews 982-987 Abstract: The COVID-19 pandemic has surely caused an economic depression and various other catastrophes (like that to the health sector and industrial sector). A Similar impact has been made to the legal sector of the country. Due to the nation-wide lockdown, The Supreme Court of India, almost every High Court has been temporarily closed. But can this crisis be used as an opportunity?
Gowd, Kiran Kumar, Donthagani Veerababu and Veeraiahgari Revanth Reddy, 'COVID-19 and the legislative response in India: The need for a comprehensive health care law' (2021) () Journal of Public Affairs Advance article No e2669, published 21 March 2021 Abstract: The outbreak of the SARS CoV2 virus, commonly referred to as the COVID-19 pandemic, has impacted the social, economic, political, and cultural lives of citizens around the world. The sudden outbreak of the pandemic has exposed the legal preparedness, or lack thereof, of governments to reduce and contain its drastic impact. Strong legislative measures play a crucial role in any epidemic or pandemic situation. In this situation, the Indian Government has requested all state governments to invoke the Epidemic Disease Act (EDA) of 1897 to address the COVID-19 emergency. The Central Government has also used the powers provided in the Disaster Management Act (DMA) of 2005. As the country is facing its first major health emergency since independence, the existing legislative measures to deal with a COVID-19 like situation are lacking and require certain amendments to address such situations in the future. This paper aims to present the current constitutional and legislative response to health emergencies in India and attempts to identify gray areas in the statutory provisions. Based on the analysis, this paper suggests several recommendations for amending current legislation and suggests the promulgation of comprehensive public health law. This paper is largely based on primary sources such as the EDA and the DMA, regulations, guidelines, rules issued by the public authorities and court cases related to health and health emergencies along with secondary resources such as newspaper articles and published papers.
Goyal, Gourish and Srinidhi Boora, 'An Outlook on the Constitutionality of State Amendments on Labour Laws during Pandemic' (SSRN Scholarly Paper No ID 3824582, 08 January 2021) Abstract: Ubi Jus Ibi Remedium- Where a right is vested, there is a remedy. A right from the beginning of work is a right till the end of work until suspended. Constitutional rights of the labourers can be described under Articles 14-16, 19 (1)(c), 21, 23, 38, 39 and 41-43, 51 and these rights directly concern the labourers. When COVID-19 Pandemic has hit the public health and economic crisis severely, Labourers are most affected due to this pandemic. The Nationwide Lockdown has hit the Companies, factories and Businesses directly and led to huge losses and affected labourers all over the country as they work on a daily basis. Labourers across the country have been battling with the social, political and economic challenges. Both the Central and State Governments were negligent in handling the labourers during the pandemic. Migrant crises have arisen and change of labour laws by states violates the constitutional rights of labourers. This Article will further define in detail about Violation of Constitutional Rights - Media and Reports - History Involved - Dilution of the Labour Laws by the State Government's - Protection of Labours Rights - Issues Involved and the steps taken by the Supreme Court of India.
Gupta, Anamika and Neelu Nandini Khare, 'Labour Laws and Migrant Workers during Covid-19' (2021) 4(1) Jus Corpus Law Journal 305-320 Abstract: The Constitution of India envisages a compulsory norm for the employers and Government to make such policies that can generate employment for the vulnerable section of the society like workers. Ensuring the same, the Indian labor laws have been implemented with the purpose to provide benefits to workers in form of social security and welfare so that unemployment can be reduced, and the Indian economy can be developed. But, nowadays the issue of migrant labors became very significant in almost every growing nation across the world. Covid-19 pandemic has unfortunate consequences on both social and economic instruments due to which welfare of labors and workers i.e., the utmost priority of labor laws has resulted in the least. The authors in this paper have discussed the rights of migrant workers, violation of these rights during the covid-19 pandemic, the effect of a pandemic on the workers following it up with the steps taken by the government, International Labor Organization, and NGOs for the protection of the workers.
Gupta, Setu, ‘Non-Refoulement During a Pandemic: With a Contextual Analysis of Border Closures Imposed by the EU, the US and India’ (SSRN Scholarly Paper No 4398374, 21 November 2022) Abstract: Non-refoulement is the most basic protection afforded to a refugee. Despite agreeing in theory, States often ignore this principle in practice ending up refouling refugees from their territories or frontiers. In times of COVID-19 crisis, refugees require asylum and healthcare not only as a human right but also to prevent the further spread of the virus. Violation of this principle jeopardises both. This article analyses the scope and extent of the principle of non-refoulement in refugee law, customary international law and human rights law. It also evaluates the ‘national security’ exception and whether it could be invoked to justify refoulement on the basis of a public health emergency. It probes the validity of border closures imposed by the EU, US and India in light of their respective commitments to international treaty and customary law. The article concludes by summarizing the analysis and suggesting alternatives to violation of non-refoulement obligations.
Gurpur, Shashikala and Aakarsh Banyal, ‘India and Global Health Law: Learnings from COVID-19’ in Shashikala Gurpur and Aakarsh Banyal (eds), International Law in Pursuit of Global Justice: Reflections from Contemporary India (Routledge, 2025) Abstract: The first COVID-19 case in India (index case) was of a 20-year-old female who was admitted to the emergency department of a hospital in the state of Kerala. In the run-up to May 2023, this number witnessed an explosive rise in India to roughly 44.9 million confirmed cases and the unfortunate (recorded) deaths of 531,000+ individuals. Touted as the most hard-hitting disease that the world has faced since the 1918 Spanish flu, discussions surrounding COVID-19’s impact moved beyond the disease’s epidemiological birthplace to the mainstream.
Haider, Kulsum, ‘Mental Health as a Protected Legal Right during Covid-19’ (2022) 3(1) Jus Corpus Law Journal 45–60 Abstract: In proper understanding, health is a state of well-being that includes physical, mental, and social health and not merely the absence of any disease or infirmity. When we talk about legal rights, we tend to protect our health through national and international legislation being part of fundamental, human, and statuary rights. The ongoing pandemic due to COVID-19 (Corona Virus Disease- 2019) has posed several challenges in our country. It has affected people’s physical and mental health with many issues and challenges that the researchers in the paper have discussed through doctrinal work. It is rightly said that good health cannot be without mental health. The strain of COVID-19 has disproportionately affected people with pre-existing mental illnesses and those who have developed later. It has affected the health of people around the world and had an uncontrolled impact on people’s mental health. The research on the mental health aspect due to COVID-19 is lacking for several reasons. The researchers have highlighted those issues and the issues affecting the legal rights of people with mental illness during the COVID-19 pandemic, which can act as a resource for further study. The researcher has recommended making a resource study on mental health issues during the pandemic as there is a lack of study.
Halabi, Sam and Ana Santos Rutschman, 'Viral Sovereignty, Vaccine Diplomacy, and Vaccine Nationalism: The Institutions of Global Vaccine Access' (2021) () Emory International Law Review (forthcoming) Abstract: The COVID-19 pandemic has triggered a global vaccine race, and distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. As vaccines are distributed worldwide throughout 2021, this essay analyzes the problem of vaccine access as a critical question in the literature on sources of international law and the influence of those sources. As with past pandemics, research and development capacity is largely concentrated in the wealthy countries of Europe and North America with growing capabilities in East and South Asia. Over the course of 2020, some governments exercised extreme forms of “vaccine nationalism,” refusing to share, or contemplate sharing, COVID-19 vaccines or related knowledge with any populations but their own. Other governments balanced the needs of their domestic populations with regional or global diplomatic objectives. Within this latter category, some governments shared bilaterally as a means of furthering local or international influence while others participated in a multilateral sharing mechanism coordinated by international organizations. Of course, as with past pandemics, the great majority of governments were left without vaccine development and manufacturing capacity, possessed few resources with which to procure vaccines under prevailing commercial circumstances, and were therefore vulnerable and open to overtures from both bilateral and multilateral acquisition sources.This essay aims to explain this unique constellation of vaccine development and access from the lens of international law, focusing on the nascent global governance regime for vaccine research, development, and distribution. As wealthy governments used bilateral contracts, Advanced Purchase Agreements (APA), to secure vaccines for populations in the world’s richest countries, those in poor countries remained at risk. Yet both multilateral and bilateral mechanisms emerged that prioritized vaccine access to those populations, an occurrence arguably at odds with realpolitik conceptions of how and why governments assess their legal options during international emergencies. We explore this dissociation between global public health imperatives and nationalist responses to the pandemic within the frameworks of “vaccine diplomacy,” “vaccine nationalism” and “viral sovereignty.” The essay ultimately argues that, over the course of the last thirty years, a global regime of vaccine access has emerged and, while not yet cohesive or uniform, it has manifested common characteristics through two vaccine-preventable global public health emergencies: H1N1 pandemic influenza and COVID-19. A third, more regional epidemic, Ebola, demonstrated similar characteristics. Even more importantly, this regime has been formed and implemented by international organizations, rather than coordinated through individual governments.Within the broader context of international law scholarship, the essay contributes a significant case of international organizations as international law-makers. The essay focuses on two international agreements — the 2011 Pandemic Influenza Preparedness Framework (PIP), and the 2020 COVAX Vaccines Pillar of the ACT Accelerator (COVAX) — neither of which is a treaty, neither of which codifies customary international law as it would be conventionally defined, but both of which have been negotiated and implemented by international organizations. These organizations include specialized U.N. agencies like the World Health Organization and UNICEF, as well as international organizations technically formed under national law, but which include a broader set of decision-makers, including governments, like CEPI and GAVI. Each agreement represented a legal solution to disputes between high-income countries seeking to hoard medicines for their citizens, and low-income countries seeking greater shares of vaccines manufactured in high-income countries. Yet realizing those agreements depended on the coordinating and facilitating efforts of international organizations, rather than by individual or collective action by governments.The importance of this development is significant not only in the context of sources of international law, but in the relative influence of those sources. “Vaccine diplomacy”, the efforts of primarily China, India, and Russia to use access to COVID-19 vaccines for regional or international influence, has been fundamentally shaped by international organizations advocating an international norm of vaccine access codified in multilateral legal instruments. COVAX has conditioned the diplomatic outcomes China, India, and Russia may realize through vaccine dipomacy. The international norm of vaccine access did not emerge because of altruism or self-interest. Rather, it represents a brokered institutional compromise between vaccine nationalism and “viral sovereignty,” the proprietary claims over pathogens by mainly biodiverse countries that limit access to the genetic resources necessary for the development of many therapeutics and vaccines. Without that access, there may be no vaccines and without vaccines there may be no vaccine nationalism. This balance has resulted in consecutive international legal arrangements, mostly facilitated by the World Health Organization, that indicate an interest in collaboration, division of gains from trade, and sustained governance structures: the Pandemic Influenza Preparedness Framework and COVAX. The recurrence of these legal arrangements suggests that in order to save the transaction costs generated by repeated development of ad hoc structures that centralize vaccine distribution, that a permanent facility may be developed. One possibility for such a facility is the Pandemic Influenza Preparedness Framework, adapted to become an all- or most-pathogen sharing international organization. A second possibility has been introduced in light of the COVID-19 pandemic: a Pandemic Treaty that establishes the terms under which pandemic vaccines will be developed and shared in the future.Whatever alternative materializes, this essay is the first to describe the phenomena that have driven the development of international vaccine sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.
Hansen, Christopher et al, 'Ripped at the Seams: RMG Sector Workers During a Global Pandemic' (2021) 2(6) Journal of Modern Slavery 79-105 Abstract: Authors from NORC at the University of Chicago conducted a five-month rapid assessment of COVID-19’s impact on the Ready Made Garments industry (RMG) in Bangladesh and India with funding from the Global Fund to End Modern Slavery (GFEMS). The research presented here highlights the increased risk of forced labor among vulnerable working populations associated with the COVID-19 pandemic. The rapid assessment addresses descriptive and normative questions about the short- and long-term impact of the COVID-19 pandemic on Bangladesh and India’s RMG industries. Qualitative data collection methods included 19 semi- structured key informant interviews (KIIs) with governmental and non-governmental stakeholders and actors across the RMG supply chain. KIIs were informed by a systematic review of recently published media articles, reports, white papers, and other online content. RMG sector stakeholders, including private sector supply chain actors, policy actors, and implementing partners, can use this research to adapt programs and address the multi-faceted challenges facing apparel workers during a global pandemic.
Hassan, Md Tasnimul, 'Decoding Aarogya Setu: Data Protection and the Right to Privacy' (SSRN Scholarly Paper No ID 3671189, 29 January 2020) Abstract: After the efficacy of tactics deployed by several countries to enable “contact tracing” of individuals infected with the contagious corona virus (COVID-19), India came up with a mobile application called Aarogya Setu, which literally means “bridge to health” in Sanskrit. The App was launched on April 2 this year, and was downloaded by more than five crore users within 13 days, albeit there are several similar applications developed and deployed by local authorities. Once you install the app, it uses the phone’s Bluetooth or Wi-Fi and location data, to inform the users if they have been near a COVID-19 host, by scanning a server database owned by the government. However, without rapid testing and treatment facilities, such application, becomes a nuisance providing the threat of data breach or systematic surveillance. Thus, the app’s method for tracking the infected has been under lens for being invasive and violating data privacy norms.
International Commission of Jurists, 'The right to water in India and the COVID-19 crisis – ICJ Briefing Paper' (International Commission of Jurists, Briefing Paper No , 06 January 2020) Abstract: There is the need for frequent hand washing to protect from, and prevent the spread of, COVID-19. However, for many people, particularly those living in poverty, water of adequate quality and quantity is either unavailable, inaccessible or only intermittently available. This increases the risk of transmission of COVID-19. Indian authorities’ failure to meet their obligations to address this situation results in violation of the rights to water and sanitation, life and health. It also presents a significant public health risk.
Iyer, Abhishek, 'Impact of COVID-19 on Contracts - Force Majeure as a Tool to Save from Frustration?' (2020) () Corporate Law Journal (forthcoming) Abstract: COVID-19 has taken the commercial world by storm as its rising spread has led to global border closure, halt in trade and commerce which has further led to a massive disruption of the existing supply chain. Owing to these events, commercial contracts have been affected significantly whereby the performance of obligations is hit by impossibility. Through this paper, the author delves into the Indian legal scenario specifically to analyse the remedies for a contract that is suffering from nonperformance due to the outbreak of COVID-19. The author scrutinizes on the concept of Contingent contracts and, ‘Force Majeure’ as a tool to save contracts from frustrating under The Indian Contract Act, 1872. Lastly, this paper also discusses in brief Government contracts in the current scenario apart from the intricacies involved in invoking Force Majeure as a valid excuse of non-performance, for COVID-19 being considered as a Global Pandemic beyond human control.
Jain, Abhishek, 'Analysis Of Legal Measures Of COVID-19 In India' (2021) 2(3) International Journal of Advanced Research on Law and Governance 23-31 Abstract: The following is a brief analysis of the topic titled ‘Analysis Of Legal Measures Of COVID-19 In India ’. This topic has been read, shortened and examined broadly under the following heads:- Introduction, Function of Epidemic Disease Act, The Power of State during Pandemic, rules regarding right to privacy, The Need for a Legal Framework for Epidemic Preparedness and Response and Conclusion. Many people across the globe lost their lives during the lockdown. Many activities like transportation, sports, recreational, and others were motionless during the lockdown. The burden of the State increases to provide basic needs to the people without violating their rights. Several legal frameworks assisted the administration to safeguard the people. Moreover, the lockdown violates the rights of people. The violated rights were education, life, privacy and health, etc.
Jain, Dipika et al, 'Legal Barriers to Abortion Access During the COVID-19 Pandemic in India: One Year at a Glance (March 2020-21)' (Centre for Justice, Law and Society, Jindal Global Law School, 2021) Extract from Executive Summary: India has no comprehensive legislation to deal with pandemic or other health related crisis/disasters. The lack of a legal framework to deal with pandemics, epidemics and public health emergencies in general has farreaching implications for challenges associated with such events, including restrictions on mobility and travel, employment status, provision of essential commodities and many others. The application of broad and general legislations during the pandemic, including the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005, and Section 144 of the Indian Penal Code, 1860, awarded the governments a wide range of powers, with limited legislative or judicial check upon their exercise. In this background, the situation of abortion services during the pandemic became chaotic and arbitrary, with lockdowns and the fear of COVID-19 have intensifying existing shortfalls in the public health system and exacerbating structural factors that impede access of marginalised groups to SRH services. There exist multiple challenges to access safe abortion services, including both surgical and non-surgical methods, such as disruption in the supply chain for drugs and commodities, redeployment of facilities and staff for COVID-19 care, closure of private facilities, lack of transport, lack of access to legal remedies, and restricted mobility. This report contains an analysis of the various barriers to SRH services, including the overburdened and insufficient health infrastructure in India, the restrictive guidelines around telemedicine, the lack of specialised laws to tackle issues arising from the pandemic and, finally, the failure of the Central and State Government to identify and protect the most marginalised groups who are likely to be the worst affected in a health crisis. The report highlights select instances of legal barriers to safe abortion services including legal reforms introduced during the pandemic as well as the litigation.
Johari, Veena and Sandhya Srinivasan, ‘Injuries and Deaths Following Covid-19 Vaccination: The Ethical and Legal Case for Compensation’ (2024) 9(3) Indian Journal of Medical Ethics 175–179 Abstract: In April 2024, in a class action suit for compensation to families of persons suffering injury or death after vaccination with AstraZeneca’s (AZ) Covid-19 vaccine [1], the manufacturer admitted in a UK court that the Oxford-AZ Covid-19 vaccine could cause a rare and potentially fatal blood clotting disorder (‘thrombosis with thrombocytopenia syndrome’ or TTS, which when triggered by a vaccine is called "vaccine induced thrombocytopenia and thrombosis, or VITT) [2]. The AZ Covid-19 vaccine is a chimpanzee adenovirus vectored vaccine encoding the SARS-CoV2 spike protein (ChAdOx1-S) marketed under the names Covishield and Vaxzevria.
Jyotika and Satvik Garg, 'Violation of human rights and COVID-19' (2021) (25) Supremo Amicus Journal (unpaginated) Abstract: Covid-19 brought a pause to the world and everything shifted online. The Government of India tried to mitigate the spread of coronavirus by introducing an emergency measure of country-wide lockdown that restricted the economic and social rights of individuals restraining them from moving freely. Schools and workplaces were closed, public gatherings were cancelled and necessary home confinement regulations were mandated to prevent the virus from spreading. This countrywide lockdown majorly affected the vulnerable class of the society i.e., the poor. The basic human rights of people which includes the right to food, clothes and shelter were infringed due to loss of employment and lack of social support. The second wave of Covid-19 proved to be more fatal as it had serious outcomes through spiralling cases, decreased supplies of necessary medicines, and a rising number of deaths, especially in the young generation. This steep rise in the number of cases added to the crimes of black marketing and the basic right to healthcare was not accessible. Throughout this, the principles of human rights were barely addressed despite how significantly important these rights are to the people. The Indian Judiciary also failed to protect the basic rights and dignity of its citizens in such crucial times. This article discusses the discriminatory impacts of Covid-19 on the different sections of society and their struggles against vulnerabilities. This article also lays down various suggestive recommendations which could have been adopted by the people and governments to curtail the impact. This piece also lays down a comparison with international standards and suggests effective measures to protect the human rights of the citizens of India.
Kamalnath, Akshaya, 'A Post Pandemic Analysis of CSR in India' (2021) () Journal of Comparative Law (forthcoming) Abstract: Corporate Social Responsibility (CSR) has evaded effective definition thus far. India’s new CSR provision, embedded in the Companies Act, 2013 has attempted to define and measure the concept, and is in this respect something of a milestone. However, by thus providing a definition and measurability to CSR, the concept has lost some of its innate flexibility. Based on corporate responses before and during the COVID-19 crisis, this article seeks to analyse how effective the CSR provision has been in achieving its goals. The article finds that the rigidity in the provision has impeded corporate responses to the pandemic. Despite this, the article argues that the CSR provision in India has expressive value and, to address the lack of flexibility in the current provision, proposes an amendment to the list of categories that are to be considered CSR. Finally, the article also provides a theoretical basis for the CSR provision within the Indian Companies Act 2013. The model proposed in this article will also be relevant to recent international discussions on corporate purpose.
Kamalnath, Akshaya and Hitoishi Sarkar, 'Airline Insolvencies' (SSRN Scholarly Paper No ID 3707823, 08 January 2020) Abstract: An important aspect of business is the possibility of insolvency. India’s new insolvency law, the Insolvency and Bankruptcy Code, 2016 (IBC) has attempted to streamline insolvencies and facilitate restructuring; although there are particular issues for airline insolvencies. The issue of cross-border insolvencies further remains unaddressed in the IBC and is particularly relevant to airlines. This chapter aims to outline international best practices in corporate insolvency and also India’s approach; with a specific focus on the civil aviation sector.This chapter is divided into five parts. The first part is the introduction. The second part gives an overview of the goals of corporate insolvency and the legislative framework in India. Part III explores specific solutions for insolvencies of companies in the civil aviation sector internationally. Part IV details airline insolvencies in India and Part V concludes with some thoughts about the future legislative reform and development in India.
Kannan, Samyuktha, ‘Covid-19: An Opportunity to Restructure the Indian Legal System’ (2022) 5(1) International Journal of Law Management & Humanities 1742–1749 Abstract: The COVID-19 pandemic has, over the course of its 3 years, resulted in a significant loss of human life and continues to pose an incomparable challenge to day-to-day activities. The Indian Legal System, even before it entered the pandemic, was in severe ill health and enduring co-morbidities. With an unparalleled burden of judicial pendency, infrastructural shortcomings, scarce representation, etc., the condition of the Indian legal system was expected to severely deteriorate due to the pandemic and its corresponding implications. As the Covid crisis ploughed on, ravishing economies and reshaping livelihoods, the legal landscape too underwent harsh disturbances. With the pandemic-induced lockdown put in place, legal services in India and around the world found themselves shoved into an intimidating and novel online medium. Paradoxically, as horrifying and painful as the pandemic has been to a majority of the legal institution, it was seen that a part of these changes emerged for the betterment of the legal system and all those that it served to help. This paper aims to critically analyse the positive impacts the Covid-19 pandemic has on the Indian legal landscape, with particular emphasis on the problems facing the Indian legal system now and how the pandemic may bring about a change for the better.
Kashyap, Amit Kumar and Vijaylaxmi Sharma, ‘Law and Policy Reforms in India amidst COVID-19 to Mitigate Risk in Infrastructure Structured Project Financing’ (2022) 19(1) US-China Law Review 35–52 Abstract: The management of risk is critical for creating a strong project financing market that, in turn, supports infrastructure development. Legal risk reduction is a crucial topic that must be addressed for the growth of the infrastructure industry and project finance. It anticipates regulatory incentives based on the expanding infrastructure sector’s demands. Over the last decade, it has been observed that India’s regulatory environment for taking action to address non-performing assets and the Reserve Bank of India’s (RBI) strict insolvency resolution norms for stressed assets has been cumbersome and does not give the infrastructure financing market any special treatment. The project financing industry has suffered a blow due to significant corporations like IL & FS and Dewan Housing Finance Ltd (DHFL) defaulting on payment commitments in the Non-Banking Financial Firm (NBFC) sector in 2018-2019. Furthermore, due to the Novel coronavirus (COVID-19) spread, India’s project financing business, which is dominated by banks (both government-owned and private), is already experiencing a downturn. Legal claims and many conflicts would arise if the project were to be disrupted. Due to increasing interconnectivity, a downturn in the project financing industry would send several shocks across the whole financial system. This situation has compelled the Indian government and authorities to take several significant moves in the lending and project finance markets. The author attempted to investigate the influence of recent financial sector failures and COVID-19 on structured project financing. This article examines how regulatory changes assist the practice in the structured financial market to revive and address difficulties while evaluating concerns and challenges in the infrastructure sector’s current structured project finance market.
Kathuria, Yatin, 'A case for implementation of COVID-19 vaccination: A brief outlline of the various associated legal aspects in India' (2021) (25) Supremo Amicus Journal (unpaginated) Abstract: In analysing and studying the various aspects of vaccination as a process, two questions need to be posed right at the outset. These are respectively what the alternatives to vaccination are? And what is the desired process of vaccination? From the first question asked, the urgency of the vaccination program can be examined, whereas from the second question asked, the various safeguards of any vaccination drive can be outlined. The purpose of the present paper is to attempt a brief answer to the above mentioned questions primarily from a legal perspective. Further, it will also be an additional (secondary) objective of the present paper to put forward brief arguments to support the claim that in the answer to the above questions, the rights-based broader questions of the citizens can be subsumed.
Kaur, Manpreet and Anushka Dwivedi, 'Strengthening the legal policies to tackle the pandemic crisis in India: The need of the hour' (2021) (25) Supremo Amicus Journal (unpaginated) Abstract: In the period of global pandemic, what were the major tools responsible to avoid mass instability across the globe? Health infrastructure, responsive government strategies, efficient food processing supplies and a set of Legal policies. A surviving health infrastructure, responsive government strategies and food processing supplies were all refurbished according to a set of legal policies created by the Government of respective nation-states and were proposed by another set of legal guidelines created by international organizations like World health organization [WHO]. The worst affected nation- states like the United States, India, and Brazil, managed to survive against the worst phases and hardships of the pandemic due to a set of legal policies framed and followed rigorously by the respective government. An early response to the global COVID- 19 outbreak were smoothly driven by a set of executed legal policies to control the level of pandemic. But did such set of legal policies only contribute to stability of the global pandemic, or does it contribute to the process of rehabilitation, post-availability of vaccines? Legal policies effectively and efficiently contributed to the stability and rehabilitating during the phase of COVID- 19 pandemic. A need of strong and responsive government was required at a global stage when the Global pandemic caused a sense of fear in March 2020, but it was not possible without a set of legal policies. This research article attempts to elucidate on the importance of a set of legal policies amidst the pandemic by expressing through a group of smaller case studies over the importance of legal policies in the pandemic.
Keaveney, Erika et al, 'Red Light Refracted: Impacts of COVID-19 on Commercial Sexual Exploitation in Maharashtra, India' (2021) 2(6) Journal of Modern Slavery 169-194 Abstract: NORC conducted a mixed-methods rapid assessment of the impacts of COVID-19 on commercial sexual exploitation (CSE) in Maharashtra, India, with funding from the Global Fund to End Modern Slavery (GFEMS). Findings show that while demand for commercial sex has dropped since the start of the pandemic, vulnerability to CSE has increased and there is early evidence that this supply-demand gap is leading to deflation in the price of sex. With a larger pool of potential victims and low demand, price deflation may lead to poorer living conditions and heightened abuse of victims. Furthermore, the pandemic is accelerating shifts in the channels through which people buy and sell sex, making CSE harder to identify and shut down over the longer-term.
Khan, Adeel Ahmad, 'Migrant Labor Crisis in India' (SSRN Scholarly Paper No ID 3632308, 15 January 2020) Abstract: COVID-19 has brought the countries on a standstill, our country was no different. With widespread risk of infection and turmoil everywhere due to uncertainty and fear, the days became chaotic for the workers as their workplaces shut down. The lockdown was taken as a preventive measure by the government to avoid further exposure and contain the virus in a limited area. This article explores the problems faced by the workers and migrants as they were left without any work and the daily-wagers who earned their food on daily basis. With no work and less or no food majority of them were forced to migrate to their native places.
Khan, Md Saif Ali, 'Fundamental right to oxygen and life: A judicial obligation in the second wave of COVID-19 pandemic' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: Right to life is the most important right under any legal system of the world and Indian constitution guaranteed right to life under article 21 of the constitution of India which guarantee right to life and personal liberty. Indian judiciary while interpretation of article 21 provides number of rights which make life possible or complete court further provides a concept of dignified life and interpreted the article 21 and gives wider interpretation which includes all the essential requirement which makes life possible. However, Second wave of covid 19 hits India and large number of loss of life. and number of covid patient died due to want of essential medical aid including life savings medicine, Beds in Hospital. non supply of oxygen leads to number of deaths all over the country as well as national capital, Hence, It is the constitutional court take sou motu cognizance of non-supply of oxygen and emergency medical aid and direct the centre and state for the same. this paper critically analysis the judicial creativity in order to wider the scope of right to life and further paper also deal the judicial activism in second wave of covid 19.
Khanderia, Saloni, ‘Identifying the Applicable Law in Cross-Border Disputes on Injuries Caused by the Covid-19 in India: A Critical Analysis’ (2021) 47(4) Commonwealth Law Bulletin 643–667 Abstract: The outbreak of COVID-19 (also known as the novel coronavirus disease) has led to the initiation of several disputes. While some of these relate to the non-performance of contracts, others concern the damages arising from the injuries caused by coming into contact with the virus. Considering the nature of the pandemic, a plethora of disputes arising from tortious liability for the injuries caused are likely to involve a foreign element—when it results in injuries in some form to persons by the violation of quarantine rules by foreigners or the failure to impose a lockdown to curb the outbreak. For instance, in the United States [US], a group of individuals and business owners have reportedly initiated proceedings against the Chinese government for failing to prevent the disease from spreading. Likewise, tourists from several countries such as the Netherlands, Germany and the United Kingdom have initiated mass litigation against the Austrian Federal State of Tyrol and tourist businesses such as sports resorts, bars and restaurants for continuing the to operate in the State despite being designated as a high-risk zone. International disputes such as these chiefly involve the identification of the law that will govern the claim to decide the rights and liabilities of the parties. Unlike in the case of contractual claims, the determination of the applicable law is more arduous in the case of torts for the reason that the parties rarely, if ever, know each other and do not expect any particular person to injure them by the harmful behaviour. That said, several countries across the globe have made remarkable progress over the years in developing a framework to identify the governing law to adjudicate cross-border disputes on torts. The European Union [EU], the UK, China, Russia, Australia and Canada are some examples. In contrast, India continues to adhere to the century-old mechanism developed under the English common law which has mostly been replaced in the UK itself. In the absence of any black-letter law on the subject, the development of the method to identify the applicable law in matters of tort has depended on the courts. The Indian courts, however, lack experience in handling international disputes on tort. As a result, there is no conclusive and coherent mechanism to identify the governing law in such matters in India. The paper demonstrates how the rules to determine the applicable law in the present form in India will severely debilitate access to justice and increase transactional costs in obtaining legal information. In particular, it highlights the plethora of problems that are likely to arise in adjudicating disputes concerning the COVID-19 pandemic. In this respect, the author provides some suggestions that the lawmakers may consider while reformulating the mechanism to identify the applicable law in matters of tort and, in particular, while adjudicating disputes relating to the COVID-19 pandemic.
Khanderia, Saloni and Sagi Peari, ‘Party Autonomy in the Choice of Law under Indian and Australian Private International Law: Some Reciprocal Lessons’ (2020) 46(4) Commonwealth Law Bulletin 711–740 Abstract: The outbreak of the COVID-19 pandemic will affect the performance of several contracts and is likely to increase the number of disputes before the courts. In agreements with a foreign element, the adjudication of the rights and liabilities will depend on the applicable law. Most legal systems have embraced the doctrine of party autonomy and, accordingly, permit the parties to expressly select the law to govern the disputes that arise from international contracts. India and Australia are no exception to this trend. In general, the courts in both the commonwealth countries have reported having been influenced by judicial practices of one another to develop their own law. Despite their common law roots, the interpretations attached to the doctrine of party autonomy in the choice of law have varied in some respects in these countries. The paper analyses the judicial trends on the subject and demonstrates the role that party autonomy will play in resolving international disputes where the performance has been affected by the eventualities such as the COVID-19 pandemic in India and Australia. The paper delves into the manner in which the courts in India and Australia may offer reciprocal lessons to each another to revolutionise to interpret the doctrine of party autonomy in the choice of law.
Kumar, Hemant, ‘Granting of Compulsion License to Indian Pharmaceutical Companies - A Moonshot to Cure India’s COVID Vaccine Woes’ (2021) 25 Supremo Amicus Journal (unpaginated) Abstract: Vaccine manufacturers such as Pfizer/BioNTech and Moderna have been in talks with Government of India but at the present juncture it seems that the talks have reached a stalemate on over the issue of liability of the vaccine manufacture in event of deaths caused by the said vaccine manufactured by same.38 Therefore, accordingly due to prevalent circumstances in regard to vaccinations it would be well served if the Government of India would act and permit the development and manufacturing of Covid vaccines under the aegis of compulsory license as envisioned in The Patents Act, 1970 and in international instruments to which India is a party to such as ‘TRIPS Agreement (The Agreement on Trade Related Aspects of Intellectual Property Right)’ by virtue of being a member of World Trade Organisations (WTO).
Kumar, R. Satish, 'Compulsory License under the Patents Act' (SSRN Scholarly Paper No ID 3896012, 29 January 2021) Abstract: During the present COVID-19 pandemic the protection of intellectual property rights would have to be balanced with the public welfare. One such mechanism for balancing the rights of the intellectual property holder and the general public is compulsory licensing. Compulsory licensing allows production of affordable drugs and increases availability and supply. The present research paper seeks to discuss the broad principles governing compulsory licensing, the judicial view that has been taken on the same, and whether the same can be resorted in the present pandemic situation where hundreds of lives are being lost every minute, critical expensive drugs like Remdesivir, Tocilizumab, Favipiravir etc., which are expensive and in short supply, can be licensed to increase production and improve affordability.
Kumar, Shouvik Guha, ‘The Pandemic and Post-Pandemic Aftershocks: Whither Legal Education?’ in Suresh Nanwani and William Loxley (eds), Social Structure Adaptation to COVID-19: Impact on Humanity (Taylor & Francis, 2024) [OPEN ACCESS E-BOOK] Abstract: The COVID-19 pandemic has begun to be like a thing of the past now, with the new normal gradually returning to the old. Yet, even if the worst of the phenomenon and its global fallout lie behind us, it is unlikely that the pandemic will fade anytime soon without leaving some lasting changes in its wake. This impact has changed our lives, especially in the field of education. Considerable literature portraying such changes across multiple sectors already exists. Instead of merely reproducing variation of the same, I will adopt a different approach in this essay – involving a sharing of diverse perspectives via stories. Stories are important because people turn to them to understand what is happening in times of lasting stress; they help us appreciate other perspectives, develop empathy, and make sense of the world around us. In times of social distancing, stories provide a much-needed connecting platform where people may bond with each other, and where the shapers of policy can feel the effect of their decision-making in the lives of those around them. As someone involved in teaching law at a public university in a developing country like India, my story will also be related to that world. Some of the elements in these stories can be found in other stories, from the lives of other people, while others may be singular to legal education in a developing nation.
Kumar, T K Vinod, 'Role of police in preventing the spread of COVID-19 through social distancing, quarantine and lockdown: An evidence-based comparison of outcomes across two districts.' (2021) 2(23) International Journal of Police Science & Management 196-207 Abstract: The COVID-19 pandemic is a formidable challenge to societies and governments across the world. The non-medical interventions of social distancing, quarantine and lockdown have been adopted to prevent transmission of the disease by contact. In some countries, police have been used to enforce public health laws. This research analyses data from two districts in the State of Kerala, India to examine whether police efforts had any impact on the outcome of reducing transmission of the disease by contact. Analysing the different methods used by the police across the two districts, this study concludes that police efforts at non-medical interventions reduce the spread of the disease. The study also concludes that, in contrast to mere enforcement of public health laws and regulations, the strategic use of resources is an important factor in achieving better outcomes. [ABSTRACT FROM AUTHOR]
Kuppuswamy, Gayathri and Uma Warrier, 'COVID-19 and Violence against doctors: Why a law is needed?' (2021) 1(10) Journal of Family Medicine and Primary Care 35-40 Abstract: Today, when India is reeling under the COVID-19 epidemic, a new epidemic disease (Amendment) Ordinance has been brought out with regard to protection of the health care staff, which is a big welcome step to the medical fraternity. A much-needed step. The assaults on doctors have been happening in hospitals in India for a long time. This review article traces the journey of the Prevention of the Doctors Violence Act and suggests a way forward with regard to violence on the doctors and why there must be a permanent solution for the same. Methodology is based on a detailed study across a range of published literature in journals, articles, and other online sources. An extensive review has been undertaken of these articles based on an explanatory approach. The review provided insight into the current status of violence against doctors. Most of the initiatives on prevention of violence against doctors mentioned in the studies are mainly directed towards patient-doctor relationship, lack of infrastructure, strenuous working environment, and societal obligations. Study findings revealed that there was less emphasis on the current legal measures available and its implementation. This article highlights the critical aspect of protection of the health care workforce and also shares recommendations to enhance the protection of doctors at their workplace by sharing the current state-level legal measures available and advocates the impelling need for central legislation. These recommendations have been suggested as a combined effort of the medical fraternity, media, and the academic community.
Kushwaha, Anurag, 'Effects of Economic Distress on Legal Aid Services Amid Covid-19 Pandemic in India' (2020) 6(1) _LexForti Legal Journal_ Abstract: The paper aims to analyse the adverse effects of poor economic condition amid COVID-19 pandemic on the legal aid services in India. The concept of access to justice and the disparity within social classes is a highlighting feature. The paper contends that the legal aid provided in India is not in a promising condition while the people who seek justice have to compromise due to the limited resources and generalised approach of the government and courts. The author recommends that there is a need to conjoin the efforts by the legal services institutions with educational institutions, government and non profit organisations to prioritise the vulnerable sections of our society and work on remodelling of legal aid facilities in accordance with the available resources.
Kusum, Sonali, ‘Issues of Unorganised Migrant Workers during COVID-19 Pandemic under Indian Legal and Judicial Developments’ in Shilpi Sharma and Baidya nath Mukherjee (eds), Law and Emerging Issues (Routledge, 2024) Abstract: The ‘migrant workers’ working as ‘daily wage workers’ are included under the Social Security for the Unorganised Workers Act (UWSSA), 2008, largely regulated by the Inter-State Migrant Worker’s Act (ISMWA), 1979. The migrating workers from other states were most adversely affected by the pandemic COVID-19, being deprived of livelihood, daily wages, food, ration, accommodation and transportation during the lockdown, leading to a mass exodus of nearly 30 million migrant workers walking on foot with their families, children towards their homeland, increasing spread of COVID-19 virus and violation of government regulations. The Apex Court of India took cognisance of their plight in Suo Moto cases, and further, Government of India issues advisories and socio-economic assistance schemes for these workers, but due to lack of records, government identity cards and registration for the migrant workers under the UWSSA and ISMWA, the migrant workers could not avail the same. A strong need is felt for better safeguard of their rights and rehabilitation. Accordingly, the objective of the paper is to enumerate socio-legal issues faced by migrant labour during the pandemic, vis-a-vis the existing policy, legal and judicial developments and the way forward.
Kylasam Iyer, Deepa and Francis Kuriakose, ‘Glitch as Narrator of Pandemic Citizenship in India’ (SSRN Scholarly Paper No 4280176, 18 November 2022) Abstract: The COVID-19 pandemic turned into a question of access to safety and security for millions worldwide. This study examines how the narratives of pandemic citizenship unfolded for India’s internal migrant workers who lost their livelihood and housing during the lockdown and were forced to return to their native villages. Using the framework of Legacy Russell’s glitch politics, this paper illustrates two instances of glitchy encounters that relayed migrant worker stories during the first national lockdown between March and June 2020. The first instance was the long walk home that became a collective act of refusal to be rendered invisible in the pandemic narratives. The second example was citizen journalism that used mainstream media as amplifiers of migrant worker voices. The main argument of the study is that glitches enabled seemingly marginal narratives to momentarily overcome structural inequalities and become powerful chroniclers of the pandemic.
Lakshmi, Ritansha, 'Constitutional Framework During COVID-19' (SSRN Scholarly Paper No ID 3764869, 12 January 2020) Abstract: This Paper dealt with the novel coronavirus and its stages of transmission. How this become Public Health Emergency and How the Indian government combat this deadly virus with the help of lockdown. And the legality of lockdown. This paper also dealt with the constitutional framework such as Tracing patients: Surveillance vs Right to Privacy and Quarantine vs Right to freedom of movement.
Lilienthal, Gary I, 'Anti-pandemic legal rules: Medicalization by the established contagion principles of fracastoro' in Lilienthal, Gary I (eds), Anti-pandemic legal rules: Medicalization by the established contagion principles of fracastoro' (Nova Science Publishers, 2021) Abstract: In 2020, Rajasthan acted against more than 1,300 people for violating anti-pandemic rules, relating to COVID-19, suggesting 'medicalization' of the government's response. The objective of this research is to examine critically the genesis of this form of medical regulation. The question is whether the state response to pandemics is medicalized, and if so, how. Argument seeks to demonstrate that early regulatory and legislative responses had derived from fears of 'otherness', arising from alchemical medical metaphors, allowing states to confer administrative powers onto medical officials to contain the jurisdiction's human capital and prevent its decay. Fracastoro's alchemical formulae for opposing seedlets by antipathetic means were the bases for future legislation. The 542 CE Acts of Justinian established a system by which pandemics could be controlled. Fracastoro demonstrated to the Pope that his alchemical metaphor of contagion could move and herd a Papal conclave. The International Sanitary Conferences confirmed national rules into international medicalization of human capital, using Fracastoro's principles, becoming the International Health Regulations 2005.
Lokur, Madan B, ‘Silences and Other Sounds: The Indian Parliament in the Pandemic’ in Rose-Liza Eisma-Osorio et al (eds), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 37-60 [OPEN ACCESS BOOK] Abstract: It is universally acknowledged that the COVID-19 pandemic has altered our lives, work, and leisure in more ways than one. Now, a year after the pandemic, we need to ponder on the difficult question of its impact on institutions of governance and their transformation. India, with a large aspirational population, has had to face immediate challenges on several fronts, including healthcare. Among the longer lasting uncertainties are schooling for children, employment opportunities for the youth, and what the future holds for them. The pandemic has caused enormous economic woes to millions whose employment was taken away along with their means of sustenance, resulting in families having to migrate home in trying circumstances. It is estimated that in 2020 over 10 million workers migrated from their place of work to their home1 . This resulted, between 1 April and 12 September 2020, in about 225 million applications for employment under the Government’s job guarantee welfare scheme MGNREGA, an increase of 39 per cent over the same period in 2019-20 when there were 162 million applications (Ministry of Rural Development, 2020). Such has been the phenomenal impact of the pandemic on India. Unfortunately, public health and livelihood emergencies subordinated the rule of law and human rights to the overall fear and uncertainty over the potency of the corona virus and its impact.
Lokur, Madan B and Rupam Sharma, ‘Constitution Under Lockdown: Judicial Response to Coronavirus in India’ in Paola Iamiceli and Fabrizio Cafaggi (eds), COVID19 Litigation: The Role of National and International Courts in Global Health Crisis (Università degli Studi di Trento, 2024) 175 *[OPEN ACCESS BOOK]* Chapter summary: 1. Introduction. 2. The Framework. 2.1. Form of governance. 2.2. A Bill of Rights. 2.3. The Supreme Court of India. 2.4. Public Interest Litigation. 2.4.1. Expansion of judicial review. 2.4.2. Continuing mandamus. 3. A health emergency: COVID-19. 3.1. Silence in the Constitution. 3.2. Absence of specific public health legislations. 3.3. COVID-19 management in India: realm of the executive. 4. Rights impact. 4.1. The first wave. 4.1.1. Plight of migrant workers. 4.1.2. Free testing. 4.1.3. The PM CARES Fund. 4.1.4. Labour rights. 4.1.5. Education. 4.2. The second wave. 4.3. Dialogic review. 4.3.1. The Social Justice Bench. 4.3.2. A dialogic review. 4.3.3. A brief on the proportionality standard. 5. Conclusion.
Majumder, Amita and Karan Jawanda, 'Contact tracing apps of COVID-19 vis-a-vis privacy issues: A study' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: Surveillance is not a new concept for the Government agencies of any country but during COVID-19 pandemic it gives an extra wing to government agencies to do digital surveillance. Digital Surveillance has been done with the help of interfaces to allow bluetooth or location tracking or contact tracking methods using Android or iPhone communication devices. During the COVID19 outbreak the government agencies of China, Singapore, India, Israel etc. are using contact tracing apps for COVID-19 patient and helping the society against the COVID19 virus. This technology is helpful for tracing the contact of certain geo-location area and breaks the chain of strain of virus. But it raises many question before all of usWhat about the right to privacy of the Individuals who are downloading these apps?, how their data has been stored?, where it has been stored?, is our data in encrypted form?, is our data protected? What are the methods to destroy our data after this pandemic is over? Etc. This paper shall deal with the problem and issues relating to privacy because of contact tracing apps for COVID-19, the need for data protection, comparative analysis of different apps being used by different countries with respect to privacy and data protection. The paper shall also outline the legal provisions relating to surveillance and interception of data under Indian Telegraph Act and Information Technology Act 2000 along with rules. Findings and suggestions regarding the issue shall also be discussed.
Majumder, Sneha, 'Indian courts and their collective response to COVID-19 second wave' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: Our country has witnessed its deepest dark hours when the second wave Covid-19 rammed up as over 86,000 death reported from the first week of April. Thousands of patients are dying in the hospital beds without getting oxygen, hospitals are running out of oxygen, shortage of medicines when everything is turning out into messy, our Judiciary system has stepped in to address the government's handling of the crisis. Multiple high courts have been demanding answers from the state and central governments on oxygen supply and transport, availability of medicines, observation of Covid-19 norms during elections, medicine shortage, and RTPCR test numbers and issuing some enforceable orders. The Supreme Court has registered a suo motu case concerning issues arising out of COVID-19 pandemic and the management of the crisis unfolding in various states with clear intention that during national crisis Supreme Court cannot be a mute spectator.
Malhotra, Shefali and Shivangi Rai, ‘To What Effect? COVID-19 Mobile Apps, Public Health and the Need for Sound Policy’ (SSRN Scholarly Paper No 4263424, 28 October 2022) Abstract: In the early days of the COVID-19 pandemic, a multitude of mobile apps were deployed to complement manual contact tracing, quarantine and isolation efforts by central, state and local authorities in India. This was the first time that digital tools were used to augment disease surveillance efforts on a large scale. At the time of deployment and even today, these mobile apps remain experimental tools with no conclusive evidence of their effectiveness, but with known risks to privacy and data security. The public discourse examining these mobile apps has also raised several privacy and data security concerns. We add to this literature through an examination of COVID-19 mobile apps deployed by state governments and local authorities, using public health perspectives on infectious disease surveillance. We develop a framework of analysis that factors state capacity concerns, public engagement, processes and methods that facilitate continuous effectiveness evaluation, and privacy and ethical concerns. We then examine COVID-19 mobile apps against this framework of analysis. Our analysis highlights several instances of duplication due to lack of coordination amongst various stakeholders engaged in COVID-19 disease surveillance; absence of any oversight and public engagement in the development and deployment processes; mixed evidence on the integration of COVID-19 mobile apps with public health protocols, a prerequisite for conducting any effectiveness evaluation; and, weak data protection. Our findings underscore the need for a systems level approach to deploying digital disease surveillance tools, particularly the need for integrating effectiveness evaluations in the implementation process.
Mallela, Navya and Sai Samatha Jyothsna Behara, 'Consumer Protection Act and hurdles faced by Consumers during Covid 19 Pandemic' (2021) 4(1) Jus Corpus Law Journal 525-540 Abstract: In the past few years, there have been numerous amendments and bills that have been legislated and made. Some of the bills have not yet been implemented, and some have not even been acknowledged, while some have been enacted. One bill that has become an act in recent times is the “Consumer Protection Act, 2019”. Over the period, there has been an enormous change concerning the consumers. One of the common and standard definitions used is, a person who buys goods and services is called a Consumer. The function of the term has evolved in tandem with its definition. Furthermore, the producers' and other auxiliaries' positions have been too expanded. These developments can be linked to the civilization's technical achievements and improved living. Consumers have various rights, and if these rights are violated, they can file a petition in the Court. These Consumer related cases have specialized courts for them. They are known as Consumer Courts. In this article, we are going to analyze about Consumer Protection Act of 2019 in detail and also would illustrate the various changes that have been introduced in the new enactment with comparison to that of the old Consumer Protection Act 1986. Additionally, we will discuss the problems faced by Consumers in the COVID-19 Pandemic and cases regarding Consumer Protection Act.
Mandal, Rudresh and Ashwin Murthy, '' (2021) 2(5) Indian Law Review (24730580) 229-249 Abstract: This paper locates its relevance in the post-coronavirus era. The business and legal fraternities have been provided an opportunity to re-examine the role of companies in society, at a time when supply chains are being dismantled and distrust in capitalism has increased. We argue that for companies to build sustainability into business practices (for CSR cannot just be a "check the box" solution to social ills), the investment community – with necessary support from the regulators – must pressurize businesses to do so. We observe that the manner in which CSR is understood and implemented in India is insufficient, due to a myriad of factors including vested political interests. Thereafter, we highlight how market-driven measures such as ESG investing, uniform ESG reporting and an effective investor stewardship model can be the next pieces of the "desirable" CSR puzzle in India.
Maurya, Nancy and Devendra Dwarg, 'Legal and environmental implications of COVID‑19 outbreak in India' (2021) Journal of Global Infectious Diseases (advance article, published 29 January 2021) Abstract: The present work is an attempt to look at the legal and environmental implications of coronavirus disease-2019 outbreak in India. It looks at both sides of this tragedy focusing specifically on the environmental and legal aspects in the Indian context. However, the article does not refrain from discussing examples of other countries or some global aspects if necessary.
Mehrotra, Abhinav and Konina Mandal, 'Situational analysis of Internally Displaced Persons (IDPs) in the context of International law, Indian law and COVID - 19' (2020) 6(3) International Journal of Law Management & Humanities 334-340 Abstract: This paper explores the issue of protection of Internally Displaced Persons (IDPs) under both national and international law governing the same. Furthermore, an analysis has been carried out on the situation of the discrimination faced by the Kashmiri Pandits, the people of the states of Northeast India and most recently the migrant workers who have been displaced as a result of COVID 19. This study focuses on theoretical and the legal provisions dealing with the people who have suffered due to conflict induced displacements. It concludes by suggesting measures that need to be undertaken to alleviate the difficulties of those affected.
Menon, Anon, ‘Legislative Failure in the Management of the Covid-19 Crisis: Identifying and Addressing the Lacune in the Extant Law’ (2022) 5(1) International Journal of Law Management & Humanities 2231–2247 Abstract: Legislation that is aimed at tackling a global pandemic such as Covid-19 should be equipped with a proper legal framework that empowers a government to take swift action in the name of the most cardinal function of all, protecting human life. However, this can be a tricky tool to devise. The empowering of the State to manage and control dire circumstances such as a raging pandemic would, in all likelihood, require superseding or suspending some of the basic rights of individuals in a society. Despite this, such laws are necessary for saving mankind in chaotic situations and are in the greater interest of society. India was not in the least prepared for a catastrophic event like COVID-19. The fact that the best recourse that we had to such a calamitous epidemic was a 123-year-old archaic law is frightening and indicative of the reasons the pandemic has wreaked such havoc in our country. The focus of this paper is to analyze the existing legal framework in India for dealing with a health care emergency like Covid-19 to identify the shortfalls therein. The research paper will also strive to provide recommendations on various provisions that an ideal law dealing with pandemics should provide for.
Mishra, Abhisek et al, ‘Covid-19: Catalyst for a Comprehensive Law to Combat Potential Pandemics in India’ (2022) Indian Journal of Medical Ethics (advance article, published online 4 June 2022) Abstract: Despite the relative decline in communicable diseases, India witnesses hundreds of outbreaks every year. Including the current Covid-19 pandemic, India has suffered through several major pandemics and large-scale epidemics since 1900s. However, the response to most of the epidemics has been inadequate. The Epidemic Diseases Act, enacted in 1897 (EDA 1897), has been in action since and is based on the science and the socio-political environment of the country in the nineteenth century. India has several legal mechanisms to help contain and control the spread of epidemics, but on different platforms. There has been a paradigm shift in the socio-political milieu as well as scientific advancements in the prevention and control of epidemics. The century-old EDA 1897 has not been effective in containing and controlling such epidemics/pandemics, as has been witnessed during the ongoing Covid-19 pandemic. Hence, it needs to be revised to define an appropriate structural scalar chain, provide clear-cut and unambiguous terms/definitions and guidelines, delineate ethics and human rights, determine the duties and responsibilities of the affected population/community, determine the role of the private health sector, and provide for appropriate punitive measures to deter repeated violations.
Mishra, Ankur, 'COVID-19 in India: Impact on the Sustainable Development of Health Sector' (SSRN Scholarly Paper No ID 3774123, 27 January 2020) Abstract: India is one of the worst-performing states in terms of achieving its Sustainable Development Goals. The unprecedented COVID-19 pandemic has worsened the situation of healthcare in India. Despite the poor health infrastructure, India has consistently allotted a meagre share of its total spending to healthcare. This paper aims to highlight the shortage of health expenditure in India as compared to other nations and also discusses the impact of poor healthcare in achieving India's SDG-3 goals. The paper also compares the healthcare models and expenditure employed by the Indian states of Gujarat and Kerala in fighting the COVID-19 pandemic.
Mishra, Anubhav, 'Prisoners’ Dilemma: Is India a Real Follower of Reformative Theory?' (SSRN Scholarly Paper No ID 3710364, 03 January 2020) Abstract: Every citizen of India has fundamental rights guaranteed under the Indian Constitution and hence the Nation is obligated to furnish the quality of life to its subjects the citizens. But on the other hand it is unfortunate to say that a country like India has no proper implementation of prisoner’s rights. This paper mainly focuses on the right of Prisoners including those who are under trial and the responsibility of both legislation and judiciary to provide such fundamental rights which are very essential for the survival of humans which also includes personal liberty not just mere animal existence. This paper also covers the International as well as judicial perspective regarding the rights of prisoners as the honorable Supreme Court has highlighted that a prisoner, be it a convict or an under-trial, does not cease to be a living being and, while lodged in four walls of jail, he appreciates all his fundamental rights pleaded under the Constitution including the right to life. The author of this paper also focuses on the role of Jail authority and their liability for the suffering of prisoners during the time of Pandemic “COVID- 19”.
Mishra, Priyanka and Amborish Nath, 'Who Deserves a Ventilator Amidst the Covid-19 Pandemic? Sorting the Moral, Ethical and Legal Dilemma in Indian Scenario' (2021) 4(8) International Journal of Clinical Case Reports and Reviews (advance article, published 27 September 2021) Abstract: The novel coronavirus disease (COVID-19) has rampaged into a second wave and shook the health infrastructure of several countries with India being among one of the worst-hit nations. In consideration of the current immense scarcity of ventilators in India, cautious resource allocation is the need of the hour. Hence, the Intensive care units and the ventilator allocation triage need to be formulated by a central public policy. This is due to the clinical implications, subjective judgments, ethical controversy, evidentiary weaknesses, and organizational complexities. This article suggests few approaches to suitably acknowledge everyone’s rights and judiciously allocate the ventilators for maximum benefit. This will ensure that the “maximum life years” are saved and no patient dies unlawfully.
Mithal, Arnav, 'Amendments to Insolvency and Bankruptcy Code 2016 in Light of COVID-19' (SSRN Scholarly Paper No ID 3621341, 06 January 2020) Abstract: The impact of COVID-19 has forced many companies to file for bankruptcy and amongst this the government has made amendments to the Insolvency and Bankruptcy Code 2016 to prevent companies from insolvency proceedings. Such amendments are treated a boon for the companies as it has given them chance of survival in these difficult times.
Mustafi, Ritwik Guha et al 'The Constitutionality and the Overall Impact of the Dilution of Labor Laws in India during the Covid-19 Pandemic: A Comprehensive Analysis' (2021) 4(1) Jus Corpus Law Journal 39-46 Abstract: This paper briefly examines the background of the labor laws in India and their specific purposes. The paper then analyses the constitutionality of the dilution of labor laws and the overall impacts therein. Finally, the paper suggests some alternative measures which can be applied given that there is a second wave of the pandemic. The paper uses the doctrinal method of research as ample materials for reference are available in form of articles, books, and electronic resources.
Nadkarni, Abhijit, Arjun Kapoor and Soumitra Pathare, ‘COVID-19 and Forced Alcohol Abstinence in India: The Dilemmas around Ethics and Rights’ (2020) 71(July-August) International Journal of Law and Psychiatry: Special Issue on Mental health, Mental Capacity, Ethics and the Law in the Context of Covid-19 (Coronavirus) Article 101579 Abstract: In response to the COVID-19 pandemic, as with other countries across the world, the Central and State Governments of India initiated several measures to slow down the spread of the virus and to ‘flatten the curve’. One such measure was a ‘total lockdown’ for several weeks across the country. A complex and unexpected outcome of the lockdown which has medical, ethical, economic, and social dimensions is related to alcohol consumption. The lockdown and consequent acute non-availability of alcohol resulted in people with alcohol dependence going into withdrawals, black marketing of alcohol, and in extreme cases suicide resulting from the alleged frustration of not having access to alcohol. The health dilemmas around this situation are biological (e.g. pushing people into risky situations-potentially fatal alcohol withdrawal, consumption of illicit or other non-consumable alcohol) and psychosocial (e.g. isolation increasing the risk of relapses, loss of control over the decision to abstain which can be detrimental to recovery, restriction of access to services for alcohol problems). The legal and rights-related dilemmas are centred around whether States have the right to impinge on individual autonomy on the grounds of public health, the capacity of the health systems to provide appropriate services to cope with those who will struggle with the unavailability of alcohol, the constitutionality of the Central government’s impinging on jurisdiction of states under the guise of a health emergency caused by the pandemic, and the ability of the State to make unbiased decisions about this issue when it is highly dependent on the revenue from the sale of alcohol and associated industries. The way forward could be a pragmatic and utilitarian approach involving continued access to alcohol, while observing all physical distancing norms necessary during the pandemic, for those who want to continue drinking; and implementing innovative measures such as tele-counselling for those who wish not to return back to drinking.
Negi, Chitranjali, 'COVID-19 Epidemic: Indian Lawyers in Financial Crisis, Ignored, Depressed: In pursuit of Financial And Moral Support' (SSRN Scholarly Paper No ID 3646300, 08 January 2020) Abstract: This research paper aims to discuss about the background, role of lawyers in administration of justice, pre post conditions, economic crisis of Indian Lawyers during COVID-19 Epidemic. An advocate's duty is as important as that of a Judge. Advocates have a large responsibility towards the society. India ranks 68 out of 126 countries, down 3 places from last year in 2019 in “Rule of Law Index” which measures how the rule of law is experienced and perceived by the general public. The Indian Law profession is one of the largest in the world, with more than 2 million enrolled advocates Nationwide. The Nationwide lock down has brought to the fore the great disparity in the legal profession & lock down has financially damages lawyers. Lawyers in India are the most neglected and overlooked during COVID19 comparative of other professional. 70% Lawyers are almost daily wage workers who earn per appearance hearing. COVID-19 has impacted deep and triggered many social, mental and psychological issues as well. In past four months many State Bar Councils came up with circular for Conditional Financial Assistance to Advocates. On 28-05-2020 I have drafted the petition [“Seeking Financial & Moral Support of Hon’ble Supreme Court of India”: “Save the dignity of Advocates”] campaign on change.org platform and sent the petition along with more than six hundred (600) Advocate signatories, on 15-06-2020 to Hon’ble Prime Minister, Hon’ble Home Minister, Hon’ble Law Minister, Hon’ble Chief Justice of India & Companion Judges, Hon’ble Chairman, Law Commission of India, Hon’ble Chairman Bar Council of India with three key demand & payers namely: 1 - Implementation of Advocates welfare fund act, 2001 in COVID-19 pandemic is crisis:2 - Amendment of Advocates Act 1961, Bar Council of India Rules 1975 [Rules 47 to 52 of Section VII of the Rules deals with restrictions on other employments]:3 - Monthly Financial support, not Loan.The fundamental principle which determines the privileges and responsibilities of lawyer in relation to the court is that he is an officer to justice and a friend of the court. Lawyers status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.
Nigam, Mudit and Shreya Chandhok, ‘COVID-19 Crisis and CCI’s Response: Lessons to Be Learned from Australian and British Regulators’ (2020) 41(8) European Competition Law Review 419–421 Abstract: Reviews the approach of the Competition Commission of India (CCI) towards co-operation and concerted actions between competitors in response to the coronavirus pandemic. Considers whether the CCI has tended to penalise or exempt such conduct, compares the approaches adopted by the Australian Competition and Consumer Commission and the UK Competition and Markets Authority, and suggests lessons they could offer India.
Nigam, Shalu, 'COVID-19: Right to Life with Dignity and Violence in Homes' (2020) 1(11) SPRI Vision 97-99 Abstract: COVID-19 has caused illness and deaths worldwide, and at the same time, it has also re-exposed many other worst vulnerabilities that exist within the society since ages. The fragility of the pandemic has gender dimensions. Patriarchal violence is existing for ages, yet it is manifesting itself extensively now. For instance, during the lockdown, the violence against women and children has risen within homes. This is despite the fact that during COVID-19, home has emerged as a significant space which could provide safety from the spread of the disease. Countries worldwide have enacted special policies and programs to deal with increasing violence against women in homes during the pandemic. In India, the stakes are high as almost half a billion women stay at risk. Therefore, there is a need to evolve a comprehensive robust response plan to tackle the emerging challenges. The Supreme court recently gave directions regarding the provisions of Shramik trains, food and work among other facilities to the migrant workmen, however, the urgent need is also to permanently notify domestic violence as an `essential service’ to ensure that in calamities or otherwise support to women victims remain available round the clock. Also, plans have to be made to support women who walked back while facing adversities. Schemes for compensation and rehabilitation packages are essential to support children who are being orphaned or are facing risk due to the pandemic. Moreover, as the restrictions are being eased down, it is crucial to recognize the link between the consumption of liquor by men and its proportionality to the incidences of abuse against women as been highlighted by several anti-arrack movements led earlier. While dealing with the virus, it is vital that all other existing ailments that this pandemic is fueling, be taken care of, such as patriarchy, discrimination, poverty, inequalities among others which are adversely affecting the society. Scientists will find the treatment for coronavirus, but for all other anathemas, the society has to find a permanent cure. Article 21 of the constitution guarantees life with dignity. But the fact remains that domestic violence existed earlier and is increasing during the pandemic denying women their basic survival. Unless the state holds perpetrators accountable, it is not going to disappear. A campaign to spread a strong message that there is a zero-tolerance for violence against women is essential. In the long term, the need is to address entrenched structural discrimination in order to eliminate patriarchy and to restore the right to dignified life for every person. In the post-COVID world, the society needs to isolate the patriarchal notions and quarantine the misogyny to reimagine the violence-free gender-just world.
Nigam, Shalu, 'COVID-19: India’s Response to Domestic Violence Needs Rethinking' (2020) () South Asia Journal (forthcoming) Abstract: COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence free world, the need is to impose the lockdown on the collective imagination that reiterate gender stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under the Article 14, 15 and 21 of the Constitution can be reclaimed.
Nithyananda, KV, ‘COVID-19 Vaccines Legal and Consumer Issues’ (2021) 56(15) Economic and Political Weekly 17–21 Abstract: The Epidemic Diseases Act, 1897 and National Disaster Management Act, 2005 grant the Government of India a great deal of autonomy and control in declaring an infectious disease as a pandemic and in suspending citizen’s rights. Three distinct but related legal issues regarding the government’s handling of intellectual property rights under the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization, consumer rights, and product liability for the COVID-19 vaccines are discussed, as the raging pandemic has created uncertainties in the implementation of these laws.
Nomani, MZM and Zafar Hussain, ‘Health Rights of Prisoners and Prison Law Reforms during COVID-19 Pandemic in India’ (2022) 21(4) Bangladesh Journal of Medical Science 893–900 Abstract: The National Crime Record Bureau and the Prison Statistics India, 2020 report on the overcrowding and occupancy in jails has ripple effect on the spread of the COVID-19.The protection to health freedoms of detainees and prisoners reflected in the World Health Organization (WHO) Guidance on COVID-19 for Prisons and Detention, 2020. The Indian jails have congestion and inhabitance and prone to contagion disease. The COVID-19 has an expanding transmission among detainees in prisons, jails and detention homes. The paper tracks the salubrious results of the international legal norms and national precedents of High Courts and Supreme Court in heralding systemic prison reform. The compliance of WHO Interim Guidance on Preparedness, Prevention and Control of COVID-19 In Prisons and Other Places of Detention, 2020 cultivated robust criminal administration during COVID-19 pandemic and the lockdown in India. The judgment of High Courts and Supreme Court on prison reform during the COVID-19 pandemic in India has resulted in Health Rights of Prisoners and Prison Law Reforms during COVID-19 Pandemic in India. It also refurbished the medical services in correctional facilities and confinement homes in criminal justice system.
Nomani, M. Z. M., Zafar Hussain and Renu Dhawan, 'Judicial policy for the covid-19 pandemic in comparative legal perspective' (2021) 1(13) International Journal of Pharmaceutical Research (advance article, published 1 January 2021) Abstract: The right to health and equity is the paramount concern of the State, especially in times of epidemic and pandemic. The nationwide lockdown and COVID-19 has witnessed a series of judicial inte3rvention in health right and equity. Although there is a settled jurisprudence concerning health right and entitlement, the current streak of judicial innovation represents a novel discourse in the understanding of the public health administration and governance in India. An inquiry into the judicial policy of the epidemic-pandemic in the comparative jurisdiction seems fascinating in deepening our understanding of the state expediency and citizens liberty. The precedents in Gibbons v. Ogden, Louisiana State Board of Health Case, Jew Ho v. Williamson and Wong Wai v. Williamson deepens the understanding of the public health administration and governance. The rulings of Indian Supreme Court in Alakh Alok Srivastava v. Union of India, Shashank Deo Sudhi v. Union of India, suo motu cognizance of COVID-19 Testing and Sachin Jain v. Union of India also open a new vista of health right and justice in India.
Nomani, M. Z. M. et al, 'Quarantine law enforcement and Corona Virus (COVID-19) pandemic in India' (2020) 4(14) Journal of Xidian University 536-542 Abstract: The classical remedies for quarantine law enforcement are rooted to development of legal theory as a body of rules and principles of common law. The earliest precedent of quarantine law dates back to the 1824 in Gibbons v. Ogden ruling of full bench of United States Supreme Court. The Indian Penal Code, 1860 contains provisions on public health and safety to deal the quarantine enforcement. The Epidemic Diseases Act, 1897 as a special law applied to the containment of epidemics like cholera, malaria, dengue, swine flu and COVID-19 in India. The nation-wide lockdown, from March 25, 2020 to April 14, 2020 uniquely added Disaster Management Act, 2005 for the preventive strategy of the COVID-19. The paper takes a legal stance on the quarantine law enforcement in sanctioning the lockdown and social distancing rule in the light ruling of Federal Court of San Fransisco in Jew Ho v. Williamson and Indian Supreme Court decisions in Municipal Council Ratlam v. Vardichand and Alakh Alok Srivastava v. Union of India to meet the contemporary challenges posed by the COVID-19 pandemic in India.
Nomani, M. Z. M. and Faisal Sherwani, 'Legal Control of Covid-19 Pandemic and National Lockdown in India' (2020) 4(11) Journal of Cardiovascular Disease Research 32-35 Abstract: The legal control of COVID-19 pandemic during two month’s national lockdown in India derives its sustenance from Article 47 and Entry 29 of the seventh schedule of the Constitution of India, 1950. The controlling mechanism administered through the vintage law contained under the Indian Penal Code, 1860 and Epidemic Diseases Act), 1897. India witnessed COVID-19 infection in the states of Maharashtra, Tamil Nadu, Gujarat and Delhi. They account for two-thirds of India’s total cases surpassing Wuhan of Hubei province in China. On the legal front, the COVID-19 pandemic invented an innovative strategy under the Disaster Management Act, 2005 by the legitimate assumption of catastrophe and calamity. The implementation of quarantine law spearheaded the security of health professions as a significant problem. The public health reform discerned into Presidential promulgation of Epidemic Diseases (Amendment) Ordinance, 2020. The socio-economic fall out of the COVID-19 pandemic and consequent lockdown calls for judicial intervention to meet the goals of health care and equity. The paper examines the comparative case studies for testing the legitimacy of quarantine law enforcement. It delves deep into the Indian Supreme Court decisions in meeting the contemporary challenges posed by the COVID-19 pandemic in the framework of public health law reform in India.
Nomani, M. Z. M. and Madiha Tahreem, 'Constitutionality and legality of Corona Virus (COVID-19) induced lockdowns in India: Limits of sanction and extent of liberation' (2020) 3(11) International Journal on Emerging Technologies 14-18 Abstract: The Corona Virus (COVID-19) and its global spread have resulted in declaring a pandemic by the World Health Organization. India rapidly responded and clamped Lockdown from March 25, 2020, to April 14, 2020. The Government legitimized move on the constructional mandate of Article 47 and Entry 29 of the seventh schedule of the Constitution of India, 1950. It has also utilized time tested quarantine law contained under Indian Penal Code, 1860, and Epidemic Diseases Act, 1897. Such a health emergency was not contemplated under the Constitution of India, 1950; therefore, it has envisioned calamitous situation underpinned Disaster Management Act, 2005, to chart the preventive strategy of COVID-19. The innovation of COVID-19 as disaster and catastrophe fitted into the phrase 'beyond the coping capacity of the community.' The Central Government assumed the role of the custodian to undertake all preventive and anticipatory measures. Because of rising death cases after two weeks of Lockdown, it wanted to extend for the prevention of infectious and contagious diseases further. The paper is a critical appraisal of the constitutionality and legality of COVID-19 induced Lockdown and attendant sanction and liberation in the context of social and egalitarian context.
Nyamutata, Conrad, ‘Funerary Rites and Rights of the Dead: Jurisprudence on Covid-19 Deaths in Kenya, India and Sri Lanka’ (2023) 12(1) Global Journal of Comparative Law 36–69 Abstract: Pandemics are associated with exponential mortality rates, creating heavy burdens on communities. The high death rates affect how societies traditionally conduct funerary practices as governments impose regulations on the preparation of bodies and the conduct of the funerals to stem the transmission of the virus. In societies associated with deeply entrenched customary funerary practices, such limitative measures attract defiance. The tensions between public health objectives and funerary traditions have played out in a number of societies resulting in litigation. At the core of the disputes is whether the right to manifest religion or belief can be upheld, and relatedly, whether the dead have rights to dignified burials irrespective of pandemics. During the covid-19 pandemic, some courts had to grapple with these difficult questions. In this paper, I take a jurisprudential excursion on some disputes in Kenya, India and Sri Lanka to assess the adjudication of conflicts which arose from covid-19 pandemic deaths.
Palrecha, Harshita and Dhruv Nyayadhish, 'Invoking the Epidemic Diseases Act, 1897 in Light of the Epidemic Diseases (Amendment) Ordinance, 2020' (SSRN Scholarly Paper No ID 3627581, 12 January 2020) Abstract: The outbreak of the novel coronavirus demanded the invokement of the epidemic diseases act to combat the crises and provide a legal substance in enforcing rules and regulations. In times of such despair, the Epidemic diseases act, an act legislated in the pre-constitutional era came to the rescue. This paper analyses the provisions of the act and pitfalls faced in light of new challenges and the need to reform the act by inserting new provisions to better capture the modern-day challenges. This paper also deals with the Epidemic Diseases (amendment) ordinance, 2020 which received the assent of the president on April 23rd, 2020 which provided for stricter punishments for attacks against health workers, increased compensation, to make the offences cognizable and non-bailable among other things. This article seeks to establish whether the act and in addition to the new amendment is sufficient to combat current and future crises of similar nature to the novel coronavirus.
Panda, Pallavi, ‘Impact of COVID-19 Pandemic on Child Labour’ (2021) 2(2) Law et Justicia Law Review 3–12 Abstract: Child labour is a worldwide problem that primarily affects countries with lower socioeconomic positions and resources. Among the many causes for children’s involvement in the workforce include societal and household poverty, parental death or incapacity/illness, a lack of social security and protection, and ignorance of the value of, or limited access to, education. Child labour is a barrier to individual children’s growth as well as the development of their community and economy. The COVID-19 health pandemic, as well as its economic and labour market ramifications is currently wreaking havoc on people’s lives and livelihoods. Destitute families and their children are generally the first to suffer, putting many more children at risk of being forced into child labour. India has a higher rate of child labour than many other countries, with around 10 million children actively working or seeking a job. This article examines the impact of the pandemic on child labour, including its roots and consequences. It also examines the international legal framework for child labour that has been ratified in legislative codes in India and how effective are they in this bleak era of pandemic 2020.
Pandey, Ajay, Sushant Chandra and Shireen Moti, ‘Clinical Legal Education and Access to Justice During and Beyond COVID-19: Some Reflections of Indian Experience’ [2023] Asian Journal of Legal Education (advance article, published online 1 December 2023) Abstract: Legal education aims to impart legal skills and training to law students and develop them into professionals who can render legal services. Clinical legal education (CLE) bridges the gap between the theory and practice of law. CLE has dual purposes of imparting lawyering skills to law students and achieving the social justice mission of law. CLE imparts certain skills and values to students for social justice. Students’ involvement in legal aid clinics makes them more justice-oriented, empathetic and ready for social change. With such orientation, they can assume larger leadership roles as ‘social engineers’. The access to justice crisis compels us to think about legal education’s scope and purpose. In this article, we argue that CLE is indispensable for the attainment of access to justice. During the COVID-19 pandemic, students supervised by clinicians at legal aid clinics worked with communities on issues of ‘migration’, ‘health’ and ‘education’. We argue that the COVID-19 pandemic was instrumental in revealing that legal aid clinics can play a larger role in the attainment of access to justice even during ‘normal times’. This article offers recommendations in order to achieve the goal of securing access to justice for the masses.
Pandey, Anjali, 'Impact of COVID-19 pandemic in balancing the environment and right to pollution free air and healthy atmosphere' (2021) (24) Supremo Amicus Journal (unpaginated) Extract: As ventures, transportation and organizations have shut down, it has brought an abrupt drop of ozone harming substances (GHGs) discharges. During the lockdown time frame, the major mechanical wellsprings of contamination have contracted or totally halted, which assisted with decreasing the contamination load14. For example, the stream Ganga and Yamuna have arrived at a critical degree of immaculateness because of the shortfall of mechanical contamination on the times of lockdown in India. It is discovered that, among the 36 ongoing observing stations of stream Ganga, water from 27 stations met as far as possible. As indicated by the Central Pollution Control Board (CPCB, 2020) of India, commotion level of local location of Delhi is decreased 55 dB (daytime) and 45 dB (night) to 40 dB (daytime) and 30 dB (night) separately. Accordingly, city occupants are presently getting a charge out of the twittering of birds, which typically goes from 40-50 dB. 15But again, this improvement in environment during Covid is short-term therefore collective approach is required to be taken in order to convert these short term effects into long-term.
Pandey, Poonam and Mario Pansera, 'Learning Beyond Boundaries: Policy-Making in the Time of a Pandemic' (SSRN Scholarly Paper No ID 3581378, 20 January 2020) Abstract: This commentary critically analyses the recent policy response to the COVID 19 crisis in India. By debunking the illusion of control through intelligent use of science and technology, we argue for the recognition of multiple vulnerabilities that are often excluded in narrow, elitist and top-down S&T based accounts. In order to device an apt response for the current outbreak we propose for democratic governance of science and technology, learning across disciplinary boundaries and knowledge communities and inclusive and empowered knowledge sharing mechanisms.
Pandita, Swati, ‘Violation of Human Rights during COVID-19 and the Role of Indian Judiciary’ (SSRN Scholarly Paper No 4123821, 31 May 2022) Abstract: In the past three years, India has been facing its second biggest challenge after COVID. That is of rampant violation of human rights. With the onset of pandemic, the number of cases filed by marginalised groups for the protection of their human rights increased many-folds. Therefore, it becomes imperative to study in detail the issue of violations and the response of judiciary. In the first part, the researcher examines the various types of violations reported. Violation of citizens right to freedom of speech and expression, privacy, education, access to social services, and equal treatment have been considered. In the next part, intervention by courts has been critically analysed. Then in the end, the researcher discusses the concerns that surfaced while investigation and offers some remedial measures to deal with them.
Parween, Shabnam, Mazhar Shamsi Ansary and Santosh Kumar Behera, ‘Criminal Activities During COVID-19: Evidence from India’ in Nadia Mansour and Lorenzo M. Bujosa Vadell (eds), Finance, Law, and the Crisis of COVID-19: An Interdisciplinary Perspective (Springer, 2022) 173–191 Abstract: The CVOID-19 Pandemic increased the hardships of millions of people all over the world and also increased the disparity between the rich and the poor with rising unemployment, loss of educational days, institutional failure, infrastructural collapse, malnourishment and malnutrition due to the stringent lockdown measures which forced numerous sections of society into the brink of poverty and destitute. The pandemic has led to multifarious problems require multi-stakeholder approach. The problem of rising criminal behaviour and the increasing crime rates coupled with the failure of the law enforcement institutions to tackle the challenges due to overload, shortage of manpower and the uniqueness of the problem has posed a serious problem to the law-and-order situation of the country. The problem becomes chronic due to the rising technical nature of crimes requiring adequately trained manpower to deal with such issues as well as the necessary dedicated infrastructural support to complement such efforts. The aspect of policy development as a base to cater and legally recognize such nature of crimes also becomes a challenge due to the pandemic induced lockdown and protocols which is crippling the law-making power of the legislatures severely. Based on qualitative approach, this paper tries to study the rising nature of crime and criminal activities in India during the COVID-19 pandemic, reasons and various probable actions and measures to be taken to solve these criminal activities.
Phymma, Marfin Timu Apy, Rina Shahriyani Shahrullah and Lu Sudirman, ‘Handling the Covid-19 Pandemic in Indonesia and India: A Critical Flashback in 2020’ (2022) 7(1) Journal of Law and Policy Transformation 28–43 Abstract: The Covid-19 pandemic is one of the most common pandemics in contemporary history. The preparedness of a country is also determined by how well it is able to reduce the rate of spread, the fatality rate, the ability to handle infected patients, as well as from the capacity to mobilize and manage resources appropriately to deal with crises and their impacts. This study attempts to compare the approaches of Indonesia and India in handling the Corona Virus Diseases (Covid-19) pandemic in 2020. This study adopts a qualitative research approach by using secondary data which are collected from the printed and electronic media related to Covid-19 in Indonesia and India. It was found that India implemented a total lockdown until September 2020 because the number of positive cases of COVID-19 in India reached more than 4.7 million with a death toll of more than 78 thousand people. Meanwhile, Indonesia did not implement a total lockdown. It adopted the Large-Scale Social Restrictions (LSSR). Although it succeeded in temporarily suppressing the spread of Covid, the LSSR was considered not effective enough. Similar challenges were faced by India which chose to lock down the country. Despite being able to temporarily suppress the rate of Covid-19, the sudden implementation of a regional quarantine and minimal preparation created a humanitarian crisis.
Pillai, Deepa and Leena Dam, 'Saga of Migrant Workers in India: Measures to Strengthen Social Security' (SSRN Scholarly Paper No ID 3784814, 30 January 2020) Abstract: COVID-19 pandemic has thrown up bitter colors when India witnessed the large scale gory sage of reverse internal migration of unorganized workforce. As compared to intercontinental migration the degree of internal migration is twice. Displacement, lockdowns, loss of employment, starvation and social distancing provoked a frenzied course of mass return for internal migrants in India and other parts of the world. In India there is a peculiar trend of unorganized workforce migration. Out of 29 states and 7 union territories, few states dominate where migrants flock for seeking livelihood. The fleeing of migrants to their inherent origin has weakened the economic activities towards slowdown in the economic growth. This thematic review paper discusses the problems of the internal migrants and their state during and post lockdown announcements in India. The data included extracts of articles, opinions and reviews for which codes were recognized which lead to formulation of research themes. The review also highlights government interventions in addressing the challenges confronted by the internal migrants with social security. This study proposes an arrangement as migrant exchange at state level for efficient policy formulation and accomplishment of social security standards.
Priya, Sakshi, 'Women Empowerment stringed with Women Employment during Pandemic' (2021) 1(2) Jus Corpus Law Journal 89-95 Abstract: During the pandemic what muddled manhood after healthcare was the economy. Economic instability along with the challenges during COVID triggered us to understand issues that were not necessarily taken seriously. When we consider women as subordinate economic helpers to men, it signifies injustice to her contribution to the workforce which is either neglected or marginally paid. The gender gap at the workplace did exist before and made exclusiveness of men in terms of making money. But this pandemic not just pushed women back in terms of work, but even they never seemed to come back to work again. Also, Challenges faced by women workers especially women migrant workers are seemed neglected with due course of the pandemic. Thus, this article tries to study the significant effect of the pandemic in the lives of women workers, their challenges and throw light on their contribution in fighting the economic battle together with men.
Priya, Sakshi, 'Trafficking and its increased Adversities during Pandemic' (2021) 1(2) Jus Corpus Law Journal 206-213 Abstract: Human Rights are mostly talked with a perception of change, same goes with human trafficking which itself is the worst social abuse for humanity. Trafficking is not just a social evil but also a reason for many to ensure darkness in the lights of glittering streets of cities which serves as a road to livelihood for many low-wage workers. These, often get trapped in this vicious cycle of slavery and prostitution and seem never coming back. Also, with this pandemic when most people are enjoying time with their families, many are in search of some work migrating from one place to another fall in this cycle of distress. This article reflects the condition of these people especially in the times of COVID, and the road ahead with the provisions we have now to what we can expect from law-making and implementing authorities.
Pushyami, Busam and P. Nishitha Dattan, 'Judiciary: New challenges v protection of rights' (2021) (25) Supremo Amicus Journal (unpaginated) Abstract: Rights are fundamental to any society. Certain rights like human rights and fundamental rights must be protected even in emergencies. The pandemic has bought many issues to various institutions. Judiciary is also one among them. People comment SC for digitalization of courts, problems in online hearing, worry about migrant workers, and protection of the right of various other people in India, but at the same time forget to recognize that the judiciary is also an institution in which a large number of people works and their lives are also in danger. Despite all these along with doctors, the judiciary is also working as an essential service to protect and uphold the rights of people. When the doctors are working to save the lives of people, the judiciary is working to protect the rights of the same people who are vulnerable especially during pandemic situations. The judiciary has an important role in the protection of fundamental rights and the human rights of the people. It must also ensure the right to health of all the citizens. At the same time, they must also carry out the regular duties of the court and ensure justice is served. To make sure that the judicial process keeps going on even in the times of the pandemic they must adopt new processes like e-filing and e-hearing and try to adapt to the new normal.
Raj, Aniket, 'CSR in Times of COVID-19: Notifications Issued by the Ministry of Corporate Affairs With Regard to Schedule VII of the Companies Act, 2013' (SSRN Scholarly Paper No ID 3759989, 06 January 2020) Abstract: The global spread of the COVID-19 pandemic and the complete lockdown in India to prevent its spread has severely impacted both social and economic aspects of life and has also fueled the depression in India’s economy. Unemployment is highest in recent decades, and the worst hit are the underprivileged and the unorganized sector workers. During these testing times, the efforts and policies of the State are not enough to curb the plethora of problems, the assistance of corporate giants in the attempt to emancipate the situation is needed now more than ever. In its pursuit to restore social welfare and in the interests of magnum bonum, the Government of India through the Ministry of Corporate Affairs has released several notifications with respect to Schedule VII of the Companies Act, 2013 to facilitate the participation of corporations in improving the COVID-19 situation.
Raj, Thulasi K, ‘A Crisis of Rights and Democracy in India’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 143 Abstract: In the recent global history of constitutional democracies, it is difficult to name a single crisis that has plagued them simultaneously, until the COVID-19 pandemic. It presented an opportunity for crisis management without compromising principles of democratic governance and human rights guarantees. Some countries marginally succeeded in this test while in others, concerns about democratic decline and rights erosion were amplified. India unfortunately belongs to the latter camp. This chapter argues that four features define the Indian response to COVID-19: lack of transparency, executive monopoly, suppression of civil liberties and reckless management. The executive perpetuated a rule of secrecy by announcing lockdowns belatedly, setting up an opaque relief fund and promoting misinformation on crucial aspects of the pandemic response. During the crisis period, India witnessed a concentration of powers at the centre, with very little role for the states and other players in decision making. Legislative and judicial accountability suffered patent setbacks. Further, the government succeeded in curtailing human rights, including the right to political mobilisation and speech, through arrests, vilification and propaganda. The country needs to revive the principles of transparency, accountability and protection of human rights, to resist the sliding away of democracy.
Rajan, S. Irudaya and H. Arokkiaraj, 'Return Migration from the Gulf Region to India Amidst COVID-19' in Triandafyllidou, Anna (eds), Return Migration from the Gulf Region to India Amidst COVID-19' (Springer, 2022) Abstract: The Covid-19 pandemic has directly affected the millions of migrant workers in Gulf countries, mostly employed as temporary labour in construction and allied sectors. The Gulf region historically has been the most favoured destination for such jobs. However, the pandemic crisis has halted construction projects in these countries as the drastic fall in oil prices has affected Gulf oil and non-oil economies severely. This has had an adverse effect on Indian migrant workers as they face the threat of unemployment, leading to their voluntary or forced return to India. For example, at the end of 2020, half a million Kerala emigrants, most of them in the Gulf, had lost their jobs abroad due to the pandemic, making their return inevitable given their temporary status in these countries. This chapter examines how India is prepared to handle the changing trends in Indo-Gulf migration corridor and the subsequent return emigration from the Gulf. The chapter highlights major sending-state perspectives, such as that of Kerala and others, and their responses towards Gulf returnees. Moreover, it provides insights by revisiting the existing economic and social security measures for returning migrants and their families within the framework of state welfare schemes, thereby examining rehabilitation and re-integration mechanisms for return migrants at the central and state levels in India.
Rajan, S. Irudaya and R. B. Bhagat, 'Internal Migration and the Covid-19 Pandemic in India' in Triandafyllidou, Anna (eds), Internal Migration and the Covid-19 Pandemic in India' (Springer, 2022) Abstract: This chapter looks at the effect of the Covid-19 pandemic on internal migrants in India. According to the 2011 Census, there are over 450 million internal migrants, of which a massive 54 million are inter-state migrants. A large number of these migrants consist of labourers who comprise a huge percentage of the informal sector workforce, both in the rural and urban areas of India, and are vital to the country’s economy. These workers are also some of the most vulnerable, with inadequacies in terms of working conditions and coverage of social safety nets, and are also largely absent from India’s policy discourses. This chapter highlights the size and extent of internal migration as well as its distribution across different states in India. It shows how the current crisis and lockdowns have affected their lives and livelihoods. It particularly looks at the responses of central and various state governments – at destinations and origins – to ensure migrants’ wellbeing. It also analyses the socioeconomic impact of the migrant exodus from major destinations and looks at solutions to enable and ensure that migration patterns in the future are sustainable, and more importantly, ensure migrants’ rights and dignity.
Ram, Aniruddha, Sarbha Bhaskar and Adarsh Pandey, ‘An Assessment of Ethical Social and Legal Impact of Covid 19 Pandemic’ in Deepika Saini and Prabhat Kumar Singh (eds), Biotechnology and Covid-19 Pandemic: Role of Biotechnology in Covid Vaccine Development (ABS Books, 2022) 224–230 Abstract: While the immediate focus of the government was to safeguard the economy and human lives, governments must now ramp up their efforts to tackle long-term problems. In the worst hours of the crisis, timely government assistance helped protect working people and companies; public spending is what kept our economy from collapsing. It not only weathered the storm, but it also served as a reminder of the need of counter-cyclical fiscal policy, especially during a severe economic slump. To conclude, all stakeholders should work for continuous and sustained financial assistance as long as COVID-19 remains a danger.
Ranjan, Prabhash, 'COVID-19, India and Indirect Expropriation: Is the Police Powers Doctrine a Reliable Defence?' (2020) 1(13) Contemporary Asia Arbitration Journal 205-228 Abstract: Like several countries, the global pandemic, COVID-19, has hit India quite badly. In order to stop the spread of the disease, India has imposed a stringent national lockdown. It may adopt several other regulatory measures in future. This paper examines that if foreign investors bring Investor-State Dispute Settlement (hereinafter “ISDS”) claims against India under different bilateral investment treaties challenging Indian COVID-19 related regulatory measures as indirect expropriation, will India be able to defend its regulatory measures by invoking the police powers doctrine. The police powers doctrine is recognised by several ISDS tribunals. However, ISDS tribunals differ on the actual scope of this doctrine when assessed in relation to the effect a regulatory measure may have on foreign investment. This paper argues that while India can rely on the police powers doctrine, its actual working in a case will depend on arbitral discretion. To have a better chance at defending its COVID-19 related regulatory measures as part of State police powers doctrine, India should ensure that exercise of its regulatory measure is not excessive or disproportionate.
Ranjan, Prabhash, 'Compulsory licences and ISDS in Covid-19 times: relevance of the new Indian investment treaty practice' (2021) 7(16) Journal of Intellectual Property Law & Practice 748-759 Abstract: Foreign investors are increasingly making use of investor-State dispute settlement (ISDS) to enforce their intellectual property rights. In this context, and taking into account the significance of compulsory licences (CLs) as a regulatory tool to fight the Covid-19 pandemic, this article studies India's new investment treaty practice on the issuance of CLs.The article finds that India’s new investment treaty practice elucidates how India can issue CLs without worrying about investor-state dispute settlement claims.
Ranjan, Prabhash and Pushkar Anand, 'Covid-19, India, and investor-State dispute settlement (ISDS): will India be able to defend its public health measures?' (2020) 1(28) Asia Pacific Law Review 225-247 Abstract: The Coronavirus Disease 2019 (Covid-19) pandemic has forced States to adopt a number of regulatory responses, which, in turn, could negatively impact foreign investors. Thus, many apprehend that foreign investors might bring investor-State dispute settlement (ISDS) claims against States under different bilateral investment treaties. The Covid-19 pandemic has badly affected India, forcing India to adopt a national lockdown to slow down the spread of the disease. The lockdown ran for several weeks bringing a large range of economic activities to a grinding halt. In this context, this article argues that if ISDS claims are brought against India, India will be able to defend its Covid-19 regulatory measures under the treaty defences given as part of the non-precluded measures provision and as an exception to the expropriation provision. Further, India will also be able to rely on the police powers doctrine emanating from customary international law. Given the scale of the pandemic, the tribunals should grant substantial deference to India while adjudicating upon its Covid-19-related regulatory measures.
Ranjith, PV and Aparna J Varma, 'Safety of Healthcare Workers in India' (SSRN Scholarly Paper No ID 3629428, 20 January 2020) Abstract: Health is one of our fundamental human rights and the role of workers in the healthcare system is inseparable. Health workers being the front line staff have more complicated situations to deal with especially in the wake of a pandemic like COVID- 19. WHO cautions that they are exposed to hazards that put them at risk of infection. Nevertheless, we are witnessing the relentless efforts put forth by health workers to reinstall the health care system in their respective countries. Amidst all this tension, another concern that derails the COVID-19 battle is the attacks happening against COVID-19 warriors around different parts of the country. This paper is a subjective personal introspection of the authors on the safety of health workers in India. The main objective of the study is to find out the different problems of safety faced by healthcare workers in India and measures to control them.
Rao, R Venkata and Prakash Sharma, ‘Pandemic and “The Other Class”: The Indifferent Response When Caught Off-Guard’ (2020) 47(4) Indian Bar Review 13–29 Abstract: During the COVID-19 governance experience, instances remain common wherein one could see the adoption of ‘haphazard’ or caught ‘off-guard’ measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours—termed ‘others’. The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
Rao, R Venkata and Prakash Sharma, ‘Policing during Public Health Emergencies: Examining Preparedness during COVID-19 Crisis’ (SSRN Scholarly Paper ID 4115993, 21 June 2021) Abstract: The ongoing pandemic experience has not only exposed some key obstacles for law enforcement agencies, viz. communication, resource management, the enforcement of public health restrictions and changes to crime and service patterns, but also brought to the fore the ad-hoc and reactive responses from law enforcing authorities. For example, in the absence of proper national policing pandemic guidelines, there were instances wherein officers have used force. Such use of illegal measures for enforcing compliance, expose lack of preparedness of forces to tackle public health emergencies. Perhaps, one possible reason for such behaviour appears to be the continuous persistence on impartation of hard skills such as weapon use, combat skills, parades, crowd control drills and other physical competencies. As a result, development of soft skills like mob management, communication and coordination, negotiation, and conflict resolution, receive scant attention. Achieving compliance in any unforeseen and unprecedented circumstance is an important test of every police officer’s skills. It is also an essential element of effective governance. In this regard, the present paper argues against deliberate vagueness and calls for greater police accountability. Also, in cases of public health emergencies the need to institute and enforce constitutional safeguards against extensive administrative powers must receive the judicious attention of the institutions in the echelons of power. Further, public health emergencies demand collaboration between law enforcement agencies and public health institutions. The paper suggests that optimal utilization of resources at various levels and greater sensitization of the personnel will enable the restoration of confidence levels of the people in the institutions.
Rattan, Jyoti and Vijay Rattan, 'The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System' (2021) 2(12) International Journal for Court Administration Article 11 Abstract: In India, the COVID-19 crisis came at a time when the focus was already on accelerating the setting up of E-courts and the digitization of justice and court administration. The journey of e-Governance initiatives in court administration started mainly in the mid-1990s and was further enhanced after enactment of the Information Technology Act 2000 (amended 2008). E-courts were launched as a part of the National e-Governance Plan (NeGP) way back in 2006. However, it appears that the sudden and unexpected advent of COVID-19 crisis has provided a greater fillip in bringing about a rapid transformation in the manner of court administration in the country. As physical appearances by lawyers and litigants were discouraged in courts due to the strict safety protocols of the COVID-19 crisis, greater use of technology, already put in place, came in handy in justice and court administration. This paper aims to broadly cover the situation in India before the COVID-19 crisis, and examine how the court administration reacted to various challenges thrown up by the COVID-19 crisis, particularly, in the period after lockdown. It will outline the major technological initiatives existing in court administration in India before the advent of the COVID-19 crisis, such as court related apps, before discussing how courts at various levels, including Lok Adalats (People’s Courts), the Supreme Court, the High Courts and the District and Subordinate Court, modified the manner of court functioning during COVID, accelerating the move towards e-Judiciary. It will then discuss some of the challenges that have been encountered, including reservations of the Bar, and major hurdles facing the court administration post-COVID 19.
Ray, Debraj and S. Subramanian, 'India's Lockdown: An Interim Report' (SSRN Scholarly Paper No ID 3615479, 01 January 2020) Abstract: We provide an interim report on the Indian lockdown provoked by the covid-19 pandemic. The main topics — ranging from the philosophy of lockdown to the provision of relief measures — transcend the Indian case. A recurrent theme is the enormous visibility of covid-19 deaths worldwide, with Governments everywhere propelled to respect this visibility, developing countries perhaps even more so. In advanced economies, the cost of achieving this reduction in visible deaths is “merely” a dramatic reduction in overall economic activity, coupled with far-reaching measures to compensate those who bear such losses. But for India, a developing country with great sectoral and occupational vulnerabilities, this dramatic reduction is more than economic: it means lives lost. These lost lives, through violence, starvation, indebtedness and extreme stress (both psychological and physiological) are invisible. It is this conjunction of visibility and invisibility that drives the Indian response. The lockdown meets all international standards so far; the relief package none.
Rehan, Zubia and Tazeen Ahmed, ‘Balancing Public Health and Ethical Concerns: A Legal Perspective on Unregulated COVID-19 Clinical Trials in India’ (2025) 8(1) Indian Journal of Health and Medical Law 34–45 Abstract: Clinical trials have long been a focal point in India’s pharmaceutical sector. With the implementation of the Agreement on Trade-Related Aspects of Intellectual Properties (‘TRIPS’) in 2005, India was positioned to emerge as a major player in the global pharmaceutical industry. Factors like a sizable medical community, skilled workforce, diverse patient pool, prevalent health conditions, cost efficiency, and relaxed legal regulations paved the way for a promising clinical trial landscape in India.
Reley, Pawan and P Jahnavi, ‘No Vaccine, No Salary: Is Mandatory Vaccination for COVID-19 Constitutional under Indian Law?’ (2022) 8 Indian Journal of Law & Public Policy 61 Abstract: Numerous district administrations across India have indirectly made vaccination mandatory. One of the indirect methods is that employees are not paid their salary if they are not vaccinated. This paper attempts to analyse the state’s actions through the lens of constitutional law. It analyses the impact of mandatory vaccination on individual autonomy and informed consent of a person and connects the same to Article 21 of the Constitution of India. It also connects the policy of mandatory vaccination to the principles of rationale classification and manifest arbitrariness engrafted under Article 14 of the Constitution of India. It then analyses the constitutional validity of the departmental instructions of no vaccine, no salary in the light of Article 300A of the Constitution of India. It further deals with the conditions which the legislature has to fulfil in order to adopt the policy of mandatory vaccination. This paper also looks at the aspect of mandatory vaccination from the lens of conflict between different fundamental rights. It also suggests a few alternate measures through which the state can fulfil its purpose of universal vaccination.
Roudik, Peter et al, 'Freedom of Expression during COVID-19' (Law Library of Congress Legal Report No , 09 January 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.
Roy, Rumi and Prakash Sharma, ‘Indian Legal Education in the Post-Pandemic World: Contextualising the Impact of National Education Policy 2020’ (SSRN Scholarly Paper No 4454955, 22 May 2023) Abstract: With the onset of the COVID-19 pandemic, the witnessed a complex, uncertain, and fragile future for itself. The situation was so dramatic and difficult that one cannot afford to be pessimistic, particularly when it comes to impartation of education. At the same time, COVID-19 reminded humanity that uncertainty also contains great potential. In fact, the global health pandemic saw profound changes in education and acted as the catalyst for the digital transformation of education. Further, during the pandemic, India released its National Education Policy 2020 (NEP 2020), which touched upon every field of higher education and called for the complete abolition of the affiliation system. In light of these developments, the chapter argues that owing to changes planned under NEP 2020 and programs announced by the concerned stakeholders, there is a potential for a massive transformation of legal education in India, provided we take bold and courageous action now.
Saha, Atrayee and Eswarappa Kasi, 'Pandemics and State Response: A Socio-Anthropological Analysis of West Bengal and Andhra Pradesh States' (SSRN Scholarly Paper No ID 3637771, 29 January 2020) Abstract: Pandemics are not new neither to Indian society nor to global economy. The intensity of the spread of a pandemic and the number of people affected in a country and specific regions depend a lot on the measures of state control at the local and centre-level. State-civil society cooperation led by the Central government and the State governments play an important role in reducing the impact of a pandemic. With the help of evidences collected from previous studies and new reports and available data sets, an attempt has been made to understand the ways in which the state governments are working to control the spread of the pandemic. West Bengal and Andhra Pradesh have been taken up for the analysis because of their high density of population and almost similar infrastructural development and the problems faced during the spread of a pandemic. The state responses in these two states have been analysed and compared with other states which have equally managed to control the pandemic despite lack of infrastructural availability.
Sahitya, Kadiyala Venkata and KI Pavan Kumar, ‘A Paradigm Shift in Indian and International Patent Regime- Critical Review on Ex- and Current Scenario (Covid-19 Impact)’ (2023) 28(4) Journal of Intellectual Property Rights 293–303 Abstract: The innovation markers are namely patents which give the creation the identity, novelty and utilization in industry or for commercial use in public. There were many patents filed under different judicatory laws of different countries which give the sole right and responsibility to own the invention till the expiry of patent by the owner (Patentee). The rules and regulations also enable the patentee to take necessary action against the misuse or prior use and also copying of invention. There are circumstances like national emergency like the Covid -19 pandemic which could create the urgency to make public access for the medicines under the clinical trial or the generic form before the expiry of the patent in order to increase the health care needs. The national emergency globally has awaken to recreate or amend few judiciary laws of different countries like waiver of patents, compulsory licenses and also paying a remuneration amount to the patentee. The countries like U.S, India, China, Japan have played a key role in managing the pandemic by encouraging generic medicine manufacturing and licensing. The COVID-19 crisis affects not only Patent Law. However, COVID-19 clearly presents an imminent threat to public health which, in most jurisdictions, is likely to justify the grant of compulsory licenses and more changes in the few penal codes and articles under specific provisions made by the government. There was also huge impact on the patent filings by different countries which enumerated the increase of 16 % by China and also a significant contribution by the countries like U.S, India, Europe, Japan, Italy, etc. The Data exclusivity was reported including the women investors share which is considerably high. The pandemic has shaped new reforms in digitalization aspects and kept open many avenues in the medical and technology sectors in the years to come.
Sahni, Aseem, ‘Coronavirus Pandemic (COVID-19): Invoking Force Majeure and Doctrine of Frustration: An Analysis From an Indian Law Perspective’ (2020) 48(3) International Journal of Legal Information 132–136 Abstract: The on-going global Coronavirus disease (‘COVID-19’) pandemic, has affected a countless number of people around the world, businesses, and the global economies alike and is certainly nothing short of a ticking time bomb. On March 11, 2020, the World Health Organization declared COVID-19 a pandemic after noting that COVID-19 has increased 13-fold in countries other than China. A few state governments in India have also termed COVID-19 as an epidemic. In testing times like these, India, currently amidst an unprecedented nationwide lock-down, which has subsequently been extended until May 3, 2020 and has resulted in a temporary or partial shutdown of most business(es)-in India—whether they be small, medium or big business houses, with the exception of only a list of services notified by the relevant governmental authorities which have been deemed to be and are categorized as ‘essential services’ and allowing functioning of select additional activities (such as allowing manufacturing activities in certain sectors to take place), which have also only been permitted to start from April 20, 2020.
Saini, Garima, Vikas Budhwar and Manjusha Choudhary, ‘A Review Study to Investigate the Tracking of Biomedical Waste during Covid-19 Pandemic in India’ (2023) 35(1) Environmental Claims Journal 118–155 Abstract: The aim of this review article is planning to collect, transport, processing and dispose of hazardous and non-hazardous biomedical waste, with a special concern on the biomedical waste tracking system in India. This review article sheds insight on some of the tracking systems of COVID-19 waste over the barcode, IoT, and GPS-based trash monitoring, related to COVID-19 waste management. Better waste management may reduce the amount of time that garbage is exposed to the environment and the risk of transportation. COVID-19 waste treatment facility might assist to reduce the risk of coronavirus transmission, as well as the hazardous component risk respectively.
Satyogi, Pooja, ‘Policing and the God of Death: Legal–Religious Iconography Amidst COVID-19’ (2021) 7(1) Society and Culture in South Asia 133–140
Saxena, Priti, ‘Technological Innovations in India’s Legal Sector for Access to Justice During and Post Pandemic’ [2024] Law and Development Review (advance article, published online 7 February 2024) Abstract: The COVID-19 pandemic has had a significant impact on the legal landscape in India, particularly in the context of technological innovations during pandemic. The pandemic has accelerated the adoption of digital technologies in various sectors, including the legal sector. The Indian government and the judiciary have introduced several measures to promote digitalisation and technology, including the introduction of online courts and the development of digital infrastructure for the legal system. The measures to promote the use of digital technologies and improve access to justice were the key developments. The introduction of e-courts and virtual hearings using video conferencing technology in the Supreme Court and several High Courts in India were the landmark steps towards justice delivery system during pandemic. Even subordinate courts have also introduced e-filing in which the litigants were required to file their documents electronically, and the court clerk reviews the documents and verifies them. Once the documents were verified, they were uploaded to the court’s electronic case management system. With the use of technology, the virtual hearing conducted using video conferencing and the litigants participated from their homes or offices. During the hearing, the judge, lawyers and litigants saw and heard each other through their respective screens. After the hearing for record-keeping, the courts prepare a transcript of the proceedings and save it in the electronic case management system. The litigants could access the transcript and other documents related to the case through the online portal. Further, the government has introduced several measures to improve the digital infrastructure and platforms for the legal sector. National Judicial Data Grid, a database of orders, judgements and case details of 18,735 District; Subordinate Courts and High Courts created as an online platform under the e-Courts Project. The government has also launched several legal information portals that provide access to legal resources and information, such as case law, legal databases and law journals. The adoption of digital technologies is likely to continue to play an important role in improving access to justice in India in the post-pandemic era that has several advantages in saving time and costs associated with physical travel to the court. It also reduces the backlog of cases and improves access to justice for litigants who live in remote areas. Additionally, virtual hearings provide greater flexibility to litigants and lawyers, who can participate in court proceedings from anywhere in the world. The pandemic has highlighted the potential of online dispute resolution (ODR) to provide an efficient and cost-effective alternative to traditional dispute resolution mechanisms. The Indian government has introduced a draft policy on ODR to promote the use of technology in dispute resolution. So in this background, how these courts worked during pandemic time, what changes made and are made in the legal sector will all be explored with the role of technology in access to justice and dispute resolution during and after pandemic.
Sekhri, Abhinav, 'Learning to Live with Crisis Governance Long after the Coronavirus?' (SSRN Scholarly Paper No ID 3603202, 17 January 2020) Abstract: This paper demonstrates that the crisis governance model adopted in India, although arguably necessary for the time being, comes at a serious cost. The wholesale concentration of powers in the executive is antithetical to the fibres of democracy. Moreover, the legal basis of this investiture of powers is shorn of sufficient safeguards for oversight. To prevent lasting changes to the "normal" forms of governance, it is imperative for government to relinquish these powers when no longer necessary. When might that occur in context of COVID-19 is the focus of this paper. I argue that India’s past experiences, the peculiar legal basis of the extraordinary powers used during the COVID-19 Pandemic, and the judicial abnegation of responsibility that has been on display thus far, all make it reasonable to assume that these powers are not going to be relinquished any time soon. Learning to live with the Coronavirus, then, might also force learning to live with the decrees of crisis governance.
Sepaha, Priya, 'COVID-19 Lockdown as a National Emergency: A Constitutional and Legal Perspective' (2021) 2(1) Law Colloquy Journal of Legal Studies (LCJLS) 1-13 Abstract: The COVID-19 pandemic has wreaked havoc across the world and one year into the pandemic. It is essential to look back into the 'national emergency' situation that prevailed during March, April and May in 2020. The pandemic came as a shock to the entire nation putting administration as the whole set up of the country into shambles, considering that India had never seen such a situation earlier since the birth of the constitution. The Government of India was in a fix to understand the situation that the country was in to remedy the situation and ensure that law and order are maintained. The lockdown was one means to control the spread of the disease, but what needs to be answered is the legal and constitutional justification of the same. Analysing the lockdown from a Constitutional standpoint, the relevant articles of the Constitution are Article 352 and Article 360, respectively. Article 352 speaks about the power of the President to declare an emergency when he is satisfied that the security of India on any part of its territory is threatened by war, external aggression or armed rebellion, and Article 360 provides for the declaration of a financial emergency when the President is satisfied that "the financial stability or credit of India or of any part of the territory thereof is threatened". This paper provides a detailed constitutional perspective of the lockdown and the pandemic. The paper brings forth a right to health perspective and emphasises the need to incorporate the right to health as an absolute fundamental right in the Indian Constitution. This research study is purely qualitative, with a doctrinal methodology being adopted. A review of secondary material is of prime consideration in terms of obtaining inputs for addressing the research questions elucidated above.
Shankar, Aayush, 'Mushrooming Like Coronavirus? Tackling the menace of Fake news by way of an Epistemic, Legal and Regulatory Discourse' (2021) (unpublished - available on PhilArchive) Abstract: Fake news is a topic that we all know well, and that continues to play a prominent role in the social harms besieging the globe today. From the recent storming of the Capitol Hill in the United States to the siege of Red fort over Farm-laws in India, online disinformation via social media platforms was the main driving force catapulting the protestors far and wide. In the backdrop of such social harms, this Research Article examines the epistemic, legal and regulatory discourse surrounding the disinformation bubble in India and asks for the deployment of ‘Lessig’s Decentred Regulatory Model’ — the potential Framework solution to regulate social media platforms in order to curb the menace of ‘fake news’.
Shankar, Uday and Shubbam Pandey, 'Government Responses During COVID-19: a Study from India' (2021) 1-3(1) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 53-66 Abstract: From the beginning of 2020 onward, the Government of India was faced with an unprecedented challenge to control the spread of the Covid-19 pandemic and manage the health crisis that was rapidly growing. By the time lockdown was imposed on 24 March 2020, the number of cases of positive Covid-19 patients was steadily rising, within India’s the borders. In order to curb the rapid growth of the disease and prevent community spread, the Ministry of Home Affairs (MHA), Government of India, published the official notification and invoked lockdown under relevant provisions of the law. This gave overarching powers to the government to enforce stringent lockdown measures, suspend all transport services, and the closing of government offices, commercial and industrial establishments. Exceptions were specially crafted for services, like police and emergency services, essential services like electricity, water and sanitation, postal, banking and insurance services, manufacture, sale and transportation of essential goods such as food, medicines, telecommunication and internet services including print and electronic media. The paper examines the Government of India (GoI) responses during Covid-19. It identifies the legal basis of the measures adopted by the government to contain the pandemic and highlights the steps taken up by the executive to deal with crisis.
Sharma, Arti and JK Mittal, 'COVID-19: A study of its impact with special reference to medico-legal rights of senior citizens' (2021) 4(18) PalArch's Journal of Archaeology of Egypt / Egyptology 1414-1423 Abstract: The Research topic under the captioned title is of essence. The Epidemic in the form of Covid-19 escaping from Chinese Laboratory in Vuyan engulfed most parts of the globe. The Medical Experts consider among others the older people vulnerable to the virus. The Covid-19 virus has proved itself to survive in all the temperatures casing doubt to natural emergence on one side and obligation of China as a State under International Law responsible for Un-natural use of Lab & Resources in germinating the virus, its escape causing loss of life irrespective of territorial areas and/or race or religion. The Expert opinion world over is consensus on threat to senior citizens, in the process, curtailing their freedom by confining them within four walls of residential enclosures. Not only the right to freedom and other rights of Senior citizens is under challenge but even right to medical care and due cremation in case of death is on denial mode. In Socio-Theological Society like India these rights are indispensable. The senior citizens have Constitutional protection generally among others in Articles 21 of the Constitution of India read specifically with other Article 41 of the constitution requires the state to give public assistance to elderly people. Besides, the statutory protection in State Legislations like Maintenance and Welfare of Parents and Senior Citizens, Act 2007. The Covid-19 has put senior citizens to risk and aggravated their health hazards including the right to live. The Country responsible seems unconcerned, behaving like rouge, while the country of residence has no cure known for the epidemic. Senior citizen is on test to survive or suffer even in presence of national laws and global conventions/declarations. Accordingly, the Research topic is deliberated by adopting doctrinal methodology and using both the primary and secondary source of data for analysis and in arriving at conclusions and suggestions.
Sharma, Aryaman, 'COVID-19 and justice delivery system: Challenges and way forward' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: This paper attempts to bring to the forefront the need to adopt an online model for the courts in India for a better functioning of judicial system and increased efficiency in providing justice to the people. Given the current period of COVID-19, this is the best time to bring changes in our judicial system. The paper talks about the justice delivery system which is currently active in our country as well as in other nations around the world and then systematically argues the need to have online courts and other services, like- online evidence filing, interrogations, etc. After talking about these new justice delivery systems and also explaining why India needs them in the longer run too (even after this lockdown is over) the paper puts forward the various challenges that needs to be overcome to bring about these changes. Overcoming the challenges is the way forward. The paper concludes with some suggestions of software and techniques which are being used by Courts of law all around the world during these times to take care of their cases efficiently and gives reason as to why India should also adopt these new technologies and bring the Indian Judicial System within the easy reach of all its citizens in a fast and timely manner.
Sharma, Bhumika and Rajinder Verma, ‘Need for a New Legal Framework for Pandemic like Covid-19’ (2021) 11(1) Journal Of Exclusion Studies 147–152
Sharma, Deepansh and Shivanshi Kaushik, ‘Public Health Legislation during COVID-19 in India: A Brief Analysis’ (2023) 3(1) International Journal of Law, Justice and Jurisprudence 15–18 Abstract: The study’s goal is to look into how COVID-19 has affected the nation’s ‘Public Health Legislation’ and ‘Medical and Legal Framework.’ The current research is unique in that it provides a medico-legal perspective on the subject, analyzing in depth how the aforementioned problem disrupted the country in both disciplines and had a negative effect on the economy. A doctrinal methodology has been used in the present research with qualitative analysis and a descriptive research strategy followed by the use of both primary and secondary sources of data collection. This research looks at the influence of the current COVID-19 on all such policies, laws and frameworks, starting with India’s historical journey through the Plague, cholera, malaria, and other similar diseases, and ending with how they led to the creation of a legal framework. While the study’s primary emphasis has been on Public Health Legislation and how it has evolved in response to pandemics, it has also briefly discussed how COVID-19 has affected other areas of law, particularly in the areas where quarantine has temporarily altered duties.
Sharma, Garisha, ‘Role of the Chief Minister in Chhattisgarh during Pandemic’ (SSRN Scholarly Paper No 4124207, 25 March 2022) Abstract: The world came to halt with the arrival of COVID-19 pandemic. Everything from health of the people to world economy suffered. The pandemic also affected the state of Chhattisgarh in Indian sub-continent. The government of Chhattisgarh managed the pandemic strategically. The data is used from the state government’s website and the articles of renowned news papers. Economic planning was done in two phases. The policies were implemented after categorizing different vulnerable groups. Natural resources of the state were utilized in a balanced way. ‘Gauthan’ scheme was announced to support village economy. Free ration was provided to the people even to those without ration card to ensure food security. People were supported to go back to productive service after completion of the first period of lockdown. GST collection improved and unemployment rate was low despite the reduction in revenue collection. The economic activities were resumed in the second phase. Adequate health infrastructure was developed. Districts were divided into different zones based on the number of patients. Health and front line workers were taken care of. Vaccination program was carried out smoothly. Preparations were done in advance before the arrival of third wave. These steps helped the state to battle with the pandemic in a smooth way. The project concludes that the state government has performed relatively well when compared to other states but many things were neglected which if used justly could have kept the state in a much better position.
Sharma, Sarita K, 'A study on drug counterfeiting in the light of COVID-19 pandemic: Indian scenario' (2021) (25) Supremo Amicus Journal (unpaginated) Abstract: The world has been facing one of the most challenging times due to the Covid- 19 pandemic. The novel coronavirus comes with new variants and strains that are believed to be more contagious and dangerous. The world has witnessed millions of deaths and affected persons due to COVI-19 disease. There are no specific medicines and vaccines available for its cure, much less with firm conviction and certainty. The scientists and researchers have been painstakingly working round the clock to find a concrete preventive and curative solution for it. However, the pandemic has exploded the drug market and as a result, it has attracted many globally to take it as an emerging lucrative business opportunity. The arrival of new medicines and vaccines has increased their demands many folds, and so the temptations of the looters and fraudsters, who want fast cash. The consequence of the ongoing menace is the sharp hike in counter pharmaceutical products globally. However, in the present alarming state, where the racketeers are devising innovative techniques and methods to engulf the pharma market with counterfeit products, it is imperative to realize that drug counterfeit is a serious crime and not limited to IPR Crime. It is an economic or a whitecollar crime which affects the social order. Furthermore, using online portals as an interface for advertising and selling fake pharma products has brought the crime of drug counterfeiting into the ambit of cybercrime. Therefore, in this milieu, a robust mechanism is required to control and prevent the menacing pose by drug counterfeiting. This paper has attempted to study and explore the linkage or intersectional area between the economic or white-collar crime, corporate crime, IPR crime, and cybercrime from the viewpoint of the multidimensional effect and consequences caused by the commission of counterfeit drugs or medicines. An attempt has been made to explore that up to what extent the law provided in the criminal statute book of India is effective in preventing and controlling the crime efficiently.
Sharma, Shilpi, Baidya nath Mukherjee and Sonali Kusum (eds), ‘Issues of Unorganised Migrant Workers during COVID-19 Pandemic under Indian Legal and Judicial Developments’ in Law and Emerging Issues (Routedge, 2024) 41–49 Abstract: The ‘migrant workers’ working as ‘daily wage workers’ are included under the Social Security for the Unorganised Workers Act (UWSSA), 2008, largely regulated by the Inter-State Migrant Worker’s Act (ISMWA), 1979. The migrating workers from other states were most adversely affected by the pandemic COVID-19, being deprived of livelihood, daily wages, food, ration, accommodation and transportation during the lockdown, leading to a mass exodus of nearly 30 million migrant workers walking on foot with their families, children towards their homeland, increasing spread of COVID-19 virus and violation of government regulations. The Apex Court of India took cognisance of their plight in Suo Moto cases, and further, Government of India issues advisories and socioeconomic assistance schemes for these workers, but due to lack of records, government identity cards and registration for the migrant workers under the UWSSA and ISMWA, the migrant workers could not avail the same. A strong need is felt for better safeguard of their rights and rehabilitation. Accordingly, the objective of the paper is to enumerate socio-legal issues faced by migrant labour during the pandemic, vis-a-vis the existing policy, legal and judicial developments and the way forward.
Sharma, Sparsh, 'The debate around the access to vaccine and licensing amidst second wave of COVID-19 in India' (2021) 5-6(24) The Journal of World Intellectual Property 436-446 Abstract: The guardian of global health signified a “global response” to contain COVID 19 utilising the platform of World Health Organization when the novel virus strain was spreading. The nature of “waves,” that is, variable epidemiological patterns and peaks in trajectory, have been inconsistent and myriad in different regions and countries. Many researchers and scholars have deliberated on the possible ways forward to curb or mitigate the effects of the virus; and one such means is through universal vaccination. Hence, this article explores the positions to achieve that goal by looking at the licensing aspect and IP waiver debate and suggests a fine-tuning which balances all the interests, amidst the second wave in India.
Shetty, Smaran and Pranav Budihal, 'Force Majeure, Frustration and Impossibility: A Qualitative Empirical Analysis' (SSRN Scholarly Paper No ID 3665213, 01 January 2020) Abstract: A concluded contract may be rendered incapable of performance for a variety of reasons. The incapability of performance raises a variety of important legal questions: Is the claim of incapability acceptable to the counterparty? If not, does the claim meet the standards of force majeure and/or frustration? Does the contract between the parties address the grounds of incapability? Whether performance may be excused without the levy of damages? Towards that end, this report attempts to draw attention to the core issues in making and resisting a force majeure claim, key decisions of the Supreme Court that have settled the parameters of force majeure, frustration and impossibility and important advancements made by the High Courts. We also offer insights into allied issues in making a force majeure claim that have bearing on the timing, forum and terms on which a force majeure claim may be made. This report thereafter proceeds to offer empirical insights of the Supreme Court as well as 6 high courts – Delhi, Bombay, Madras, Karnataka, Allahabad and Calcutta. In presenting this information, we assemble a qualitative set of cases that have decided and applied the law on force majeure, frustration, and impossibility. We offer insights into the number of successful force majeure claims and common force majeure events.
Shivam, Satyam and Shweta Gautam, 'Domestic violence and women’s safety during the Lockdown' (2022) 2(2) Jus Corpus Law Journal 244-253 Abstract: This article talks about women safety and domestic violence especially during the unprecedented time of covid-19, due to the pandemic many countries imposed nationwide lockdown and this was the period when people had no option but to stay at their respective homes, spending time together with family, spouse or partner means sharing love and having compassion but it resulted into conflicts too. Women were subjected to physical, social, mental, and financial abuses and all these come under the ambit of domestic violence. The world was battling with a pandemic outside their homes but women were facing domestic violence inside their homes which also has been referred to as a shadow pandemic by the international body UN Women. The essay describes various aspects of domestic violence, its causes, consequences, and the solution. It also gives a legal perspective on how do mestic violence is not morally wrong but also a crime and grossly violates the human rights of the victim. Various landmark judgments and reports were studied to present the issue of domestic violence from all the possible perspectives i.e. social, emotional, legal, and financial, etc to conclude this essay.
Shrivastava, Abhijeet and Anujay Shrivastava, '‘Economic’ Dignity and Transformative Constitutionalism in India – Attempting to Cut the ‘Gordian Knot’' (2021) 4(1) Jus Corpus Law Journal 446-457 Abstract: In jurisdictions such as India, courts often employ various ‘constitutional values’ while adjudicating hard cases. We often hear that a court has pronounced a decision, protecting and upholding the personal liberty, privacy, autonomy, or ‘dignity’ of an individual, or alternatively, upheld the ideas such as justice, constitutional morality, rule of law, or even the majesty of law, in its decision. Dignity, a constitutional value, has been identified by scholars, philosophers, practitioners, and judicial authorities to convey itself in various forms. In 2020, a Full-Bench of the Hon’ble Supreme Court of India in Gujarat Mazdoor Sabha v State of Gujarat had invoked the phrase “economic dignity”, while striking down two Gujarat notifications issued during the COVID-19 pandemic, as unconstitutional. While upholding the fundamental rights and human rights of labourers/workers in the State of Gujarat, the Court often utilized the term ‘dignity’. Regrettably, however, the Court did not coherently elaborate on the contours of ‘economic dignity’. Consequently, the term remains an uncut “Gordian Knot” and is subject to valid criticism on grounds such as indeterminacy. In this article, while briefly evaluating the various conceptions of dignity, we shall attempt to make a coherent evaluation of what ‘economic’ dignity entails for India. We shall highlight how ‘transformative constitutionalism’ has impacted the development of dignity in India, especially ‘economic’ dignity. Subsequently, we shall attempt to cohere ‘economic’ dignity in furtherance of transformative constitutionalism. Finally, we conclude by arguing that ‘economic’ dignity (which may be considered an extension of Kantian intrinsic-worth dignity) connotes minimal economic assurances, in the absence of which, one’s value as a human being would be degraded – and thus, one’s dignity hampered.
Shrivastava, Anujay and Abhijeet Shrivastava, 'Judicial Appointments, Collegium System, and Unresolved Constitutional Enigmas in India: Proposing an ‘Emergency Collegium’ and the ‘Automatic Elevation Alternative’' (2021) 4(1) Jus Corpus Law Journal 290-304 Abstract: From the constitutional history of Judicial Appointments in India, it is well-known that the manner and procedure in which Judicial Appointments happen today, is starkly different from the original Judicial Appointments procedure contemplated under the Indian Constitution. Originally, Judicial Appointments to the Higher Judiciary (including appointments to the Supreme Court of India under Article 124 of the Constitution) were primarily the task of the Executive, where the Judiciary had no real say in the appointments to Higher Judiciary. This dynamic saw a stark shift after the Second Judges’ Case and subsequent precedents, which tilted the power dynamics around Judicial Appointments to Higher Judiciary (i.e. Supreme Court and various High Courts) in favour of the Supreme Court, and also established a ‘Collegium System’ to govern such Judicial Appointments. However, a Constitutional Enigma revolving around Judicial Appointments still persists. Should the Supreme Court be bereaved of most of its sitting Judges and the total strength of the court reduce to less than five sitting Judges, the Collegium propounded by the Third Judges’ Case would come to a collapse. If such a scenario arises in wake of calamities such as the devastating effects of the ongoing COVID-19 pandemic, how would Judicial Appointments to the Higher Judiciary be made? In this article, we seek to address this Constitutional Enigma, which is an unlikely but not an impossible or too remote a reality. We highlight the lacunae in the present judicially created law concerning Judicial Appointments. Moving forward, we propose the idea of an “Emergency Collegium” and lay out its modalities. Subsequently, we highlight an alternative of ‘automatic elevation’ of pan-India senior-most High Court Judges and also forward criticisms against such an alternative. Finally, we conclude by highlighting the necessity for a constitutional amendment or a ‘Fifth Judges’ Case’ to address this unresolved Constitutional Enigma.
Shivshankar, Goutham, ‘The Challenges of Administrative Law Review in the Covid-19 Pandemic: The Case of India’ (2022) 22(2) Australian Journal of Asian Law 75–97 Abstract: The Covid-19 pandemic has wreaked havoc across the world, and India has been no exception. In response, the government of India and public authorities falling under its oversight produced a flurry of administrative action. In this paper, I study how administrative law has played a checking function in relation to such action. I evaluate the responses of two important institutions entrusted with ensuring the legality of administrative actions, namely, the parliament and the higher judiciary. For several months after the onset of the pandemic, parliament stopped functioning. When it resumed work, it acted primarily as a forum for debate and seeking information through questions. However, available parliamentary processes to oversee the legality of administrative action were not used effectively. The judiciary responded five different ways: (i) the Deferring Court; (ii) the Deferential Court; (iii) the Pragmatic Court; (iv) the Public Interest Litigation (PIL) Court; and (v) the Vanilla Court. I conclude that the pandemic has exposed certain weaknesses in India’s administrative law framework. These failings are more institutional than doctrinal, meaning they stem more from an institutional reluctance to properly apply and use available and adequate doctrinal norms and legislative processes, rather than an absence of such legal norms or processes.
Singh, Ajay Pal, 'Virtual courts during the COVID-19 pandemic: A critical exposition' (2021) (24) Supremo Amicus Journal (unpaginated) Abstract: The Covid-19 pandemic has had a profound effect on the Judicial System. In March 2020, a nation-wide lockdown was imposed in India and the Courts had to cease regular ‘physical’ hearings. However, this lockdown period has been used as an opportunity to deploy technology of Virtual Courts to ensure continuous administration of justice. The advantages of these Courts are that they use a remote working system with the help of various software’s and the Internet to adjudicate cases and there is limited requirement of actual human presence in the court premises thereby ensuring that working of the Courts doesn’t stop due to Covid-19 lockdown related restrictions. This system of Virtual Courts has its own pros and cons. A coordinated effort needs to be undertaken so that the various problems and disadvantages of this system are removed, and that a properly functioning system of ‘Virtual Courts’ is established with requisite digital infrastructure to ensure administration of justice and maintenance of rule of law. In this paper an attempt has been made to undertake an analysis of the Concept of Virtual Courts and Pros and Cons of these Courts. Though the Paper is predominantly focused on the recent developments regarding Virtual Courts in an Indian Context, reference has been made to trends in a few foreign jurisdictions as well.
Singh, Akash, 'Remote Access Mechanism Exploring Electronic Databases in Law Schools in India: A Lifeline during Covid-19 Lockdown' (2021) Library Philosophy and Practice (e-journal) 1-14 Abstract: Bar Council of India under Section 4 of Advocates Act 1961 passed by Indian Parliament, governs legal education and practice in India. Law Schools are approved and governed under the rules framed by Bar Council of India. Currently, India has twenty three law schools apart from more than 2000 law departments and colleges in India. Lockdown of academic institutions due to COVID 19 interrupted educational and research activities in law schools too. The paper here and now showcases a comparative study of usage of electronic contents by their patrons during pre-lockdown and lockdown period by remote access mechanism. The paper traces user various mechanisms used by law schools in India for remotely accessible of electronic databases. Usage patron of databases through remote access software and content based comparison of electronic databases have been evaluated in the paper for better understandings of tools and type of electronic contents used by law school patrons. The paper traces a comparison of mechanisms used by law schools in India for remotely accessible of electronic databases. The paper also sketches a number of findings based on user responses and contents in demand to suggest future planning and procurement of digital contents for strengthening base of legal education and research.
Singh, Amita, 'Pandemic and the Emerging Threshold of Disaster Law in South Asia' (2021) 1(32) Dhaka University Law Journal 152-173 Abstract: The paper refers to many new challenges which are being faced by countries across the world and specifically those of South Asia. Due to clarity of analysis India’s handling of the pandemic through its legal and executive framework has been undertaken as a case study with lessons for the countries in the region. The pandemic management raises many concerns of law and governance besides exposing a mismatch which exists between the disaster management acts of most countries and the rapidly changing requirements of pandemic management. The law is not adequately prepared to encounter an epidemic and it appears that to enforce disaster management laws governments have been exploring stringent outdated laws such as India’s implementation of the Epidemic Disease Act 1897. Experts who have analysed epidemic control measures of governments since the 1900 bubonic plague have suggested against their usage or it would prove counterproductive in preventing the disease. In the end the paper suggests an effective regional collaboration for sharing information, medical support and scientific research to address biological disasters. This can be done by strengthening the SAARC and also to implement SAARND Agreement.
Singh, Pranjal and Garvit Ramchandran, 'Judicial Activism during the Time of Corona Crisis' (2021) 4(1) Jus Corpus Law Journal 541-558 Abstract: The infection of Coronavirus is influencing cases multiply and has additionally injured the courts the nation over as judges, promoters, and disputants are attempting to accomplish equity under the law while adjusting public security. The fast spread of this infection has prompted the shutting down of Courts and Tribunals in the nation to keep away from human affiliation and to check the spread of novel Covid in the country. Notwithstanding, the Central Government and Judiciary have found a plural way to give help to individuals who are confronting this extraordinary test. Even though the courts have been closed down, the Hon'ble Supreme Court of India has chosen to take up pressing issues through virtual methods so the supporters and prosecutors don't need to show up truly in the court in this current circumstance. The Hon'ble Supreme Court of India has likewise guided the individual Bars to advance virtual procedures and e-recording. Indeed, even the Courts Suo-moto, taking insight of the difficulties being looked by the legal counsellors to introduce under the steady gaze of the Court genuinely for the recording of particular Appeals, Petitions, and so forth and has expanded the time of constraint until its further request, with this, desires to battle against Covid and put estoppel on its extending regional locale. This paper discusses the troubles looked by the legal activism component because of pandemic and features the actions taken on by the Supreme Court and High Courts to decrease the impact of this vindictive disease.
Singh, Ram and Hiteshkumar Thakkar, ‘Settlements and Resolutions Under the Insolvency and Bankruptcy Code: Assessing the Impact of Covid-19’ (2021) 69(3) The Indian Economic Journal 568–583 Abstract: In this study, we develop a model to examine the dynamics of the insolvency and bankruptcy code (IBC) processes in the aftermath of Covid-19. We use the model to study the impact of the pandemic on the following aspects of the financial disputes and their implications: number of disputes between debtors and their creditors in the aftermath of Covid-19; frequency of these disputes coming to the National Company Law Tribunal (NCLT); impact of the pandemic on the frequency of ‘out of court’ settlements; the nature of disputes settled amicably and those adjudicated under the corporate insolvency resolution process of the NCLT; and the recovery rates in the settled versus litigated disputes. We show that while the number of disputes will go up, the frequency of settlements will come down in the post-Covid world. Moreover, the post-pandemic legal changes made to the IBC are detrimental to the interest of the micro, small and medium enterprises and also for the formal and informal sector employees. We offer suggestions for promoting out-of-court settlements to save time and costs of the parties involved. Our suggestions related to public policy can help mitigate the macroeconomic costs of the pandemic.
Singh, Swarnima, 'Dilution of Labour Laws: Hidden Exploitation of Migrant Labourers Before Lockdown, Increase after Lockdown' (SSRN Scholarly Paper No ID 3662079, 28 January 2020) Abstract: Migrant workers are beneficial and important factors for the economy where as their life is full of scarce, vulnerable and exploitation. In Globalization, profit motive capitalism emerged through which overuse of resources and worker exploitation occurs.For maintaining dignity and reducing the exploitation over labours government intervention took place by introducing labour laws. But due to the upcoming scenario Covid-19 pandemic affects the economy. Production becomes stagnant. So to maintain the pace of the economy the government has removed various labour laws which may affect the life of migrant labourers. Definitely it has seen the economy is somehow dependent on labourers. But now the economy is going to be stable at the cost of migrant workers. This study is an attempt to analyse the extent of labour laws followed in the grassroot level before lockdown and in which way it has increased after lockdown and unlock condition.
Singh Raghav, Garima, ‘Role of Prime Minister of India in Pandemic Times’ (SSRN Scholarly Paper No 4190545, 15 August 2022) Abstract: The world has gone through a huge disruption because of the coronavirus pandemic that started in December 2019. At that time and still now we need great leadership to combat the situation and safeguard our peoples and country. India’s PM Narendra Modi played a very important role in fighting the coronavirus pandemic. All the role and functions and policies employed by the PM is discussed in great detail in this paper.
Singhh, Arunender, 'Protection of ‘Digital Rights’ Amid Fight Against COVID-19: The Missing Responsibility of ICTs Platforms' (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium II: Intellectual Property, Technology and Agriculture No) Introduction: It is often stated that the new technology is changing what it means to be human. The digital world is rapidly transforming society. On the one hand, it allows unprecedented advances in the human conditions and at the same time gives rise to profound new challenges. Social media is a dominating force in modern social life as internet technology has taken hold of our cyber-driven society. The oft-use of information and communication technology (ICT) to fight the battle against Covid-19 crisis has opened up new challenges for the governments, especially, for populous countries like India. There are genuine concerns that fake news has assumed a pernicious character that is harmful to citizens and society at large. The use of big data in the global world has come to stay with ICT corporations commonly using data analytics to forecast customer preferences, boost their productivity and improve decision-making. It appears that big data may have a huge positive effect in defeating Covid-19, by promoting efficiency, monitoring health security and enhanced services, but that it might also result in discrimination, privacy violations, and other chilling effects…. In this trying times these developments have squarely brought under the scanner the role and legal responsibility assumed by the ICTs platforms.
Singhi, Shruti and Anirudh Tagat, 'Lawless: A Policy Perspective on Labour Laws and Migrant Workers Displaced by COVID-19' (SSRN Scholarly Paper No ID 3756097, 14 January 2020) Abstract: Many of India’s 19mn migrant workers have been displaced as a result of the COVID-19 pandemic and associated lockdown. Save for a select few that received assistance from their employers and local governments, many migrants were left to make their own arrangements to return home. This paper investigates the role of labour laws and policies in overcoming the adverse effects of the COVID-19 pandemic, and this unequal impact on migrant workers. Given that consolidation and strengthening of labour laws and codes in India is a recent phenomenon, this paper argues that there is an opportunity to account for vulnerabilities faced by migrant laborers in particular. We review recent bills such as the Occupational Safety, Health and Working Conditions Code recently passed by Parliament (2020). We provide a roadmap of labour laws and policies potentially required to safeguard migrant and minimum wage labourers from such shocks in the future.
Sinha, Rupanjana and Asmita Bhattacharyya, ‘Home and Work: Struggles of Indian Women Legal Professionals Before and During Pandemic’ [2023] Sociological Bulletin (advance article, published online 6 December 2023) Abstract: Grappling with work–life challenges often hinder the growth of women lawyers within their profession. As women struggle with the dual problems of working long hours and managing the family they are bound in a precarious situation which marginalises them as revealed in literature. The Pandemic 2020 has made the ‘work from home’ the new normal phenomenon. The present study makes a comparative narrative analysis between pre and during pandemics work–life contexts of the women lawyers by interviewing fifty of them based in Kolkata (India). The already existing work–life challenges have been amplified exposing their vulnerabilities. The crisis is about their existence as professionals, due to prioritising home over work during the pandemic. As the women lawyers strive to create a space within the legal profession, the pandemic proved jeopardising pulling them towards their conventional roles. Their professional and private spaces are brought under the same roof, increasing the struggle of their multiple roles and sacrificing their ‘me time’.
Sreejith, SG, ‘Law and Regulations on Legal Education in India Before, During and After COVID-19 with a Post-COVID-19 Manifesto’ (2021) 8(2) Asian Journal of Legal Education 119–143 Abstract: This article is in pursuit of a way forward from the pandemic-stricken condition of legal education in India to a future of excellence. It realizes that as much as the pandemic paralyses us and threatens with losses, it educates us, emboldens us and helps us realize our true imaginative and constructive possibilities. What is being threatened is a system ordered through a regulatory governance, which owes its legitimacy to the constitution and rule of law. What is being discovered is the many possibilities—of imagination, experimentation and innovation—of regulations. Hence, this article builds a juxtaposition of regulations as they were before the pandemic and as they are during the pandemic, revealing the contrast between them in their scope and application. Inputs for reimagination found between the contrasts are used for making a manifesto for resilience and change, the relevance of which becomes obvious through a prevailing sentiment that perhaps the world will never be the same again.
Srinivasan, Raghavan, Anuj Kumar and Priyanka Chadha, 'Comparison of Indian and New Zealand Leadership during COVID-19' (2020) 4B(12) PIMT Journal of Research 20-23 Abstract: In this paper, the authors want to compare two different styles of leadership in different continents during COVID-19. In this article, the governance in the form of leadership of two leaders one from India and another from New Zealand have been compared to handle the situation of COVID-19. The authors are comparing two different governance based on leadership theories. This article suggests the even though the governance of New Zealand was in the hand of the female leader but she effectively controlled the COVID-19 pandemic. Indian government was facing too much of internal and border issues which diverted the attention to handle COVID-19.
Srinivasan, Vinithra and Varun Srinivasan, 'Employment Issues During COVID-19 Crisis: An Analysis of the MHA’s Order' (SSRN Scholarly Paper No ID 3595983, 05 January 2020) Abstract: The COVID-19 crisis, declared as a pandemic by the Director General of WHO on 11.03.2020, in addition to having a significant and highly disastrous impact on the lives of people world over, has had and will continue to have an apparent and heavy influence on all industries, globally. Even in the most automated industries, people are at the fulcrum and so when contemplating cost-cutting, to stay afloat on such troubled waters, companies find it an inevitable step to cut down on their manpower, either in the form of job cuts or more prevalently, salary / wage reductions. However, at the same time, there is also a necessity to ensure protection for these personnel during these tough times while also equally safeguarding and balancing the interests of both the company and the employees. In this context, the Indian Government has taken the initiative through the recent Ministry of Home Affairs (“MHA”) Order dated 29.03.2020, among other notifications/guidelines issued by other departments, stating that employers are required to pay full wages to all workers, the non-compliance of which would attract penal consequences. The said order has been recently challenged before the Supreme Court, in which matter the Trade Unions have also sought to be impleaded, and which Order has also been challenged by another petition as well; however, the Supreme Court for the interim has not provided any stay and has sought for the Government’s response on the said Order. In the meanwhile, the Central Government has extended the lockdown till the 17th of May, 2020, continuing the effect of the Order dated 29.03.2020. Further, penal consequences are also being enforced against employers for non-compliance of the said Order. Therefore, considering the fact that the Supreme Court has not granted stay over the said Order, this article seeks to analyse the Order’s impact in the context of the prevailing labour laws in India, while also considering whether the Order can be said to be all encompassing in its application, without delving into the grounds such as arbitrariness, unreasonableness, amongst others, which have been raised in the Petitions.
Suresh, N, ‘A Survey on Reading Habit of Law Students in Tamil Nadu during COVID-19: A Case Study’ [2022] (January) Library Philosophy and Practice 1–11 Abstract: The COVID-19 pandemic in India is a part of a worldwide pandemic, on 24 March 2020, the Government of India has announced a nationwide lockdown. The COVID-19 pandemic has affected the day-to-day activities particularly has created the largest disruption of education systems in India. This study has examined the impact of COVID-19 lockdown on the reading habit of Law Students in Tamil Nadu. A descriptive survey method was adopted and an online web-based questionnaire was used to collect data for the study. The total response collected for the study is 464 and 65.52% of respondents are female. It was found that there was a significant development in the reading habit of Law Students in Tamilnadu during the COVID-19 pandemic lockdown. It was revealed that most Law Students in Tamandu used a mobile phone (96.8%) to read during the lockdown. It was shown the challenges in reading during the lockdown, which include Heavy use of social media, Laziness, Work/home burden, lack of motivation, and non-availability of resources. It was concluded that COVID-19 lockdown has a positive influence on the reading habits of most Law Students in Tamailnadu and the findings of this study will provide understanding into the reading habits of these law students and necessary recommendations will be made.
Tamarana, Lavanya, 'Medico-Legal issues amidst the pandemic' (2021) 1(2) Jus Corpus Law Journal 653-664 Abstract: On March 11, 2020, the World Health Organization (WHO) declared the Coronavirus disease-2019 (COVID-19) infection a pandemic. We've all heard of curfews, lockdowns, red zones, social separation, quarantine, Standard Operating Procedures (SOPs) and penal actions for violation, implemented by the central and state government, which led to ethical and legal aspects. This paper mainly focuses on the issues like medical ethics and the physician-patient relationship, while others including medical responsibility and malpractice arose during the pandemic. Furthermore, medico-legal issues are appearing in respect to the workplace hazards of COVID-19 infection. The covid-19 pandemic infection's effects on the severely sick individuals led to their deaths and because of the life duration of the COVID -19 virus in different body samples after death, conducting autopsies for COVID-19 patients is a controversial topic. And this paper further discusses the healthcare law in India which includes acts, rules, guidelines, protocols and regulations that are implemented during pandemic and also from the past.
Thakare, Shruti, 'Indemnifying lives: Covid-19 Ex-Gratia and Legislations' (2022) 2(2) Jus Corpus Law Journal 72-87 Abstract: The ongoing covid-19 pandemic has proved to be an unprecedented challenge to the public health sector. It has highlighted the need to address and assess the various legislative provisions pertaining to such health emergencies. This paper examines the various Acts invoked to tackle the unsought outbreak, which the world is currently facing. In addition to these regulations, the covid ex-gratia compensation and its legalities have also been dealt with. This paper gives an integrative analysis of how various laws have been enforced in India to counter the ongoing mishap and the various methods and strategies resorted by the Government to compensate for the lives lost during the covid-19 outbreak. The paper also highlights the critical State of the frontline workers who have faced the brunt of this pandemic first-hand and how various legislations and government policies have failed to cater to their needs adequately. The need for administrative and monetary support by the Central Government has been strongly reiterated in this paper. The pandemic has undoubtedly shaken the already fragile state of human life, ranging from economy to health. It has provided the much-needed attention to address the plausible loopholes and challenges that lie ahead. The need of the hour is that these hurdles and challenges are recognized to successfully tackle any other unprecedented emergency. Improvising and analysing various legislations pertaining to such outbreaks is a way forward. This paper further aims to elaborate upon the existing flaws and difficulties that the legislations face and seeks to establish and suggest the adequate changes required to overcome these hurdles.
Thakur, Shubham Kumar and Priyanka Gangwar, ‘Judicial Review: Exploring Constitutional Obligations during Crisis’ (2022) 7 Law & Political Review 87–103 Abstract: The effect of the pandemic inevitably restricted fundamental rights and thus gives rise to a complex web of questions like, could court interfere with the other organs of government while respecting the doctrine of separation of power? How much judiciary can intervene in the matter of state? Although this question was quite settled earlier by numerous precedents and case laws but it becomes new again because of the pandemic.
Tiwari, Manwendra K and Swati Singh Parmar, ‘Of Semiotics, the Marginalised and Laws During the Lockdown in India’ (2022) 35(3) International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 977–1000 Abstract: On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train (all passenger trains in the wake of lockdown had been halted) while they were resting on the railway tracks. The images of the Roti (Indian bread) on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide.
Tiwari, Ruchi, 'An Empirical Research Study on COVID-19: A Cause for Replace Decrepit Epidemic Law' (2020) 40(71) Studies in Indian Place Names 1534-1542 Abstract: Freshly, India has invoked various provisions of the Epidemic Diseases Act of 1897 to control communicable disease which is more or less turned into the most critical one globally. Coming up of COVID-19 has opened the debate for the new legislation or to clear the pending bill The Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill, 2017 or to come up with special legislationnamed The Epidemic Bill, 2020. Here, the public health should be the concern in present condition of the society. Objective To respond to Epidemic situation for dissemination of lessons learnt from present crisis across the country that has begun with the strong need of legislation which can repeal the Epidemic Act,1897.
Tripathi, Amrendra Nath and Prof Dr Rohit P Shabran, ‘Force Majeure and COVID-19 in India: Legal Challenges and Implications’ (2024) 30(4) Educational Administration: Theory and Practice 10003–10006 Abstract: In India, the interpretation and application of force majeure have had its own set of challenges. This paper looks at various legal cases and government notifications with respect to some of these. This post looks at the way Indian courts have interpreted force majeure clauses, specifically due to COVID-19 and the relief granted to such affected parties. The piece also analyses several legal developments and landmark judgments that have guided the legal understanding in the enforcement of contractual obligations during COVID-19. The article also examines the wide-ranging implications that these legal interpretations have for businesses and the economy. One relevant section delves into how different sectors have adjusted their contracts to protect themselves against future contingencies. Government intervention by way of policy measures and statutory changes again is the role scrutinized to understand their impact on the enforcement and recognition of force majeure claims.
Trivedi, Maanvi and Pranav Saini, ‘Challenges Of Administrative Law: Review Of Covid -19 In India’ (2023) 5(2) Indian Journal of Law and Legal Research 1–13 Abstract: India has experienced the same devastation caused by the Covid-19 outbreak as the rest of the world. In reply, the Indian administration and the public agencies under its control took a bustle of admin measures. This research paper aims to develop an understanding of the supervisory nature and powers of administrative laws and the actions of crucial legal authorities such as the Parliamentary and judicial bodies. Following the start of the outbreak, parliament ceased to exist for a period of months. When it commenced again, it largely served as a platform for discussion and relevant data organizing via inquiries. This paper examines the delegated legislation and its implementation in the wake of COVID-19 along with the various responses of the administrative bodies, courts and their effectiveness at the COVID- 19 pandemic.
Tyagi, Deepika, 'Isolation, Quarantine and Law: An Overview during Covid-19 Ccrisis' (2020) 1(14) IME Journal 81 Abstract: Quarantine, Isolation and law, all three components working together since the emergence of COVID-19 pandemic. It is highly contagious disease spreads worldwide. To take a strictest action becoming mandatory and necessarily for every nation by keeping in view it's alarming rapidly spreading situation. As this COVID-19, first highlighted in china wet market located at wuhan. It spreads from human to human and as travelers are more prone to hit by pandemic and potentially spread to others by becoming infected by it. So many countries first ban travelling and movement of people from one place to another. Those having recent travelling history need to be to put in isolation if found with any of symptom and their family members or dear ones with whom they were in contact after coming generally be quarantined. To make it successful various laws implemented in their respective countries. In this paper, we will highlight briefly the law, quarantine and isolation how made in sync or impactful in dealing such epidemic globally time to time. India's Central Government and state governments are empowered to regulate health-related matters. The Epidemic Diseases Act is the main legislative framework at the central level for the prevention and spread of dangerous epidemic diseases. The Act empowers the central government to take necessary measures to deal with dangerous epidemic disease at ports of entry and exit. The Act also empowers the states to take special measures or promulgate regulations to deal with epidemics within their state jurisdictions. In such emergencies the states delegate some of these powers to the deputy commissioners in the districts, typically through state health acts or municipal corporation acts. Thus, responsibility for directly addressing the crisis rests with the deputy commissioner at the district level.
Umesalma, Gururaj B. Soddi and Sudheendra Rao L N, 'Blatant Disregard of Human Rights during the Time of the Global Pandemic - A Study' (2021) 2(10) International Journal of Humanities and Social Sciences 191-198 Abstract: Literates and illiterates are classified in the whole world when education is to be considered. At least if a person knows how to put his signature on paper in any form and any language, he is called literate. Mother is the first teacher to the child in the house later teachers of the class will start. It is the responsibility of the parents to give compulsory education to his/her child/children. The Government of India established an Act in the year 1993 as the Human Rights Act, 1993 India wherein we have to come across several fundamental rights. The author is an emphasis on the Right to Education in India. During the COVID-19 pandemic the nation India declares emergency lockdown to save the lives of the citizens whether child or adolescent or an adult Article 26 says Right to Education, Article 3 clarifies the Prohibition of torture and inhuman or degrading treatment, Article 4 says Prohibition of slavery and forced labour the government hired the services of Doctors, Nurses who are commonly employed in Government Sectors, Article 5 relates to the Right to liberty and security of person, Article 11 focuses on the Right to freedom of peaceful assembly and to form united decisions for any work also if you want to start a new family life with marriage our constitution given provision in Article 12.
Venkata, Srikar, 'Containing Pandemics in India - Going Beyond Lockdowns' (SSRN Scholarly Paper No ID 3609105, 22 January 2020) Abstract: In India, despite two full months of lockdown, the number of COVID-19 cases have only kept increasing. Globally too, objective analysis of mortality figures tells us that lockdown as a pandemic containment strategy did not generate any concrete reduction of COVID-19 cases. Here, the paper analyses the origins of lockdown, why it may have been utilized for tacking COVID-19 pandemic now globally, and alternative solutions for the Republic of India. However, the paper is a general critique of the lockdown strategy and the paper's implications can be applied to other nations as well, subject to localized analysis.
Verghese, Leah et al, ‘Lawyers’ Experiences During the COVID-19 Pandemic’ (SSRN Scholarly Paper No 4511150, 17 December 2020) Abstract: The overarching objective of this rapid study is to understand lawyers’ experiences with accessing the courts during the COVID 19 pandemic. Since this was the first time that Indian courts were conducting online hearings at such a scale, this review needed to be conducted rapidly so that its findings can inform the future implementation of online hearings and virtual courts. This study looks at the extent to which between 23 March and 20 September 2020, lawyers in nine districts in Delhi, Karnataka and Madhya Pradesh were able to access the court machinery, remotely or physically; what processes they used and how effectively they could present their cases. The findings foreground the challenges as well as suggest what measures need to be put in place to ensure that the new requirements of distancing are adhered to while ensuring that none of the principles that ground fair adjudication are compromised.
Verma, Pranav, ‘COVID-19 and Rule By Decree: A Case Study of NCT of Delhi’ [2023] Indian Law Review (forthcoming) Abstract: The article attempts a quantitative as well as a qualitative analysis of the National Capital Territory of Delhi’s legislative productivity in the year 2020. The Legislative Assembly of Delhi produced only one piece of substantive legislation throughout the year, sitting for one of its fewest number of sessions. However, the business of the Government continued to run apace through several subordinate legislations. While most of these pertained to routine matters of day-to-day administration, two primary regulations embodied the entirety of the State’s pandemic response on the back of a colonial-era skeleton legislation. The article discusses the constitutional questions of concern raised by such promulgation of subordinate legislations, while acknowledging the backdrop of the emergency nature of the pandemic and the unique power-sharing arrangement in the Constitution of India regarding the National Capital Territory of Delhi.
Vyas, Dhaval, 'Extension of Limitation Period Due to COVID' (2021) 6(4) International Journal of Law Management & Humanities 169 - 190 Abstract: Ever since the world is gripped in the clutches of the COVID-19 Pandemic, there have been global and local consequences. Countries all over the world had to come to terms with new challenges in their daily transactions at all levels. Commerce, Trade, and Industry too did not remain absolved from its effects. Businesses all of a sudden came to a standstill with the pan country directives of absolute restriction in movement of the people, except the essential services professionals and they too had a very restrictive movement and precautions. Many business transactions came to an abrupt stand-still due to the absence of manpower. They were unable to carry out their part of the transaction due, thereby invoking frustration of the contract entered into. It is in this backdrop one has to consider how within how long a time was one allowed to perform their end of the contract with a focus in freeze during the Pandemic and the subsequent extension of the Limitation Period based on Supreme Court of India's Order in 2020-21.
Yadav, Alok Kumar; and Jivesh Jha, 'Role of Judiciary and Social Welfare to Combat Coronavirus Pandemic in Nepal: A Study with Special Reference to India’s Epidemic Law' (SSRN Scholarly Paper No ID 3921020, 20 2020) Abstract: The competent legislature of Nepal has adopted and enacted an epidemic law regime to curtail the transmission of outbreaks. However, these laws have glaring gaps. They are not comprehensive in nature. Nepal’s then king Mahendra brought Infectious Disease Act, 1964 into force to deal with the outbreaks. This one-page Act is much similar to that of India’s Epidemic Act, 1897 which discusses about the rights of the state but fails to prescribe the duties of the government towards its vulnerable citizens during the period of contagion. The 1964 Act fails to prescribe welfare functions to be carried out by the instrumentalities of the state for the welfare of the people. It means this law does not recognize the rights of the people during an outbreak. The crown’s law does not necessarily cast an obligation on the state instruments of Nepal to ensure the availability of food or compensation or financial assistance to the daily wagers, migrant labourers, informal sectors or poor and needy ones who have suffered due to unprecedented Coronavirus pandemic. Unfortunately, the epidemic law of India is also enacted in similar terms. The prevailing epidemic law regimes of India and Nepal neither direct the state to advance research on antibodies/antidotes nor do they oblige the states to set up a common forum of lawyers, economists, sociologists, biologists, bacteriologists, virologists, biomedical scientists and among other experts to devise plans and policies for crisis preparedness and vulnerability reduction.
Yadav, Richa and Dipti Pandey, ‘Proximate to Remote Learning: The Impact of COVID-19 on Law Students of Indian Higher Education Institutions in India—An Empirical Study’ in Saraswathi Unni et al (eds), COVID-19 and the Future of Higher Education in India (Springer, 2023) 139–170 Abstract: In this chapter, the authors seek to evaluate the implications of the COVID necessitated measures in Indian academic institutions, particularly in the field of legal education. The authors have selected law as the focus of their study primarily due to the fact that law courses are a combination of both theoretical knowledge and practical skills. Law colleges needed to train students in the new art of remote legal services and to anticipate how this would change the practice of law and what it meant to be ‘practice ready.’ Through online classes, videos of court sessions, and online proctored exams, students were given the opportunity to gain wider learning experience and new competencies. The authors through this chapter seek to evaluate various parameters of excellence in academic dispensation in terms of classroom learning, ease of learning, classroom environment and discipline, class participation, teacher-student interaction, assessment, and impartation of practical skills.
Zetzsche, Dirk A. et al, 'The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings' (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 January 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
Indonesia
Abdi, Muhammad Mahendra, 'Legal Protection for Vaccine Recipients Covid-19 in Indonesia' (2021) 2(3) International Journal of Law and Public Policy 75-82 Abstract: Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the Corona Virus Disease 2019 (COVID-19) Pandemic, this Minister of Health Regulation is a government step in carrying out the legality of administering the COVID-19 vaccine because the spread of the COVID-19 virus is very fast. Occurs in humans, thus creating great concern for human life because it can lead to death. Therefore, the government took a response action by providing vaccinations for the people of Indonesia, the purpose of this vaccination is to overcome the high spread of COVID-19, the provision of the covid-19 vaccine given to the Indonesian people must also fulfill the proper rights for the recipients of the COVID-19 vaccine, so that when there is an impact on the administration of the Covid-19 vaccine, the government can handle it quickly. The problems in this paper are how is legal protection for people who receive the COVID-19 vaccine, the extent to which the government provides legal protection rights to people who receive the COVID-19 vaccine. :
Abdullah, Juwita Rizkiyawati, ‘The Urgency of Mandatory Provision of Covid-19 Vaccination Public Services’ (2022) 4(2) Estudiante Law Journal 322–336 Abstract: The purpose of this study is to find out and analyze the covid-19 vaccination against the provision of public services in Talaga Jaya District and the urgency of providing covid-19 vaccination requirements for the provision of public services by the Talaga Jaya District government This type of research is qualitative field research and uses random sampling. The population in the study is the people who have carried out the covid-19 vaccination. Data collection was carried out with interviews, literature studies, and documentation. The results showed that in the process of implementing the COVID-19 vaccination, there were problems. Therefore, to reach the implementation of the COVID-19 vaccination evenly, the sub-district government and village government carry out mass and door-to-door vaccinations. In the implementation of the covid-19 vaccination, it has been regulated in presidential regulation number 14 of 2021 where people who refuse the vaccine will be subject to sanctions. The policy raises polemics because vaccinations are supposed to be voluntary because they relate to the individual freedom of citizens.
Achir, Nuvazria and Erman I Rahim, ‘Impact of Enforcing Sharia Regional Regulations During the Covid-19 Pandemic’ (3rd International Conference on Law Reform, 2022) 43–56 Abstract: This study aims to find out field facts related to the effect of implementing regional legal products, namely Regional Regulations (Peraturan Daerah) with a Religious (Shari’ah) nuance, especially during the COVID-19 pandemic which has an impact not only on legal social problems but also on the economy due to restrictions on the movement of community activities (PPKM). Based on this condition, the government is required to be more creative and innovative in overcoming problems in society, including poverty. Local regulations are required to contribute to the community, not only in normal conditions but also during an emergency. This study uses empirical legal research methods with a case approach. The results of the study show that: The implications or impacts of implementing regulations with sharia nuances during the pandemic, especially with regard to the Al-Qur’an Reading and Writing Regional Regulations and the Zakat Regional Regulations can partially facilitate the task of regional heads in handling social affairs, both regarding education, especially in eradicating Al-illiteracy. The Qur’an in which society creates independence through the efforts of each individual to develop themselves, both through formal and non-formal education, including the process of carrying out their obligations as God’s creatures. The existence of the Regional Regulation on Zakat is able to support the development and the community’s economy in the midst of an uncertain situation due to the pandemic, through the distribution of direct assistance, both in the form of business capital money and means of transportation (bentor). Together with the National Amil Zakat Agency (Baznas), the local government also intervenes in low-income communities in each sub-district gradually. As a recommendation, local governments need to maximize the provisions of regional regulations with sharia nuances to support development in the field of formal and non-formal education, by accommodating the regulatory substance of the learning process in the pandemic era. The regional regulations on zakat need to be maintained and improved in order to support the community’s economy by expanding the income pool, increasing programs, and targeting communities as recipients of assistance.
Adhani, Hani, 'Constitutional Court of The Republic of Indonesia: Safeguarding Citizens' Constitutional Rights in The Middle of A Pandemic' (2020) 1(3) INSLA E-Proceedings 609-615 Abstract: Since the announcement of the coronavirus by WHO that COVID-19 is a pandemic, there are concerns that this coronavirus pandemic will have a negative impact on all sectors of human life. The health and economic sectors are the most vital, causing many countries around the world to experience outbreaks and it is difficult to avoid them. Many countries are simply not ready to face this pandemic, so this has resulted in more casualties and an economic recession. However, amid the outbreak, it turns out that there is still a country that can survive and one of the factors that cause this country to survive is because the law enforcement process is carried out optimally and is supported by law enforcement officials who are also professional, independent and with integrity. In this study, the author will discuss the extent to which the role of the Indonesian Constitutional Court as the guardian of the constitution in safeguarding the constitutional rights of Indonesian citizens and providing legal certainty amid a pandemic.
Adli, Muhammad, Triono Eddy and Ramlan Ramlan, ‘Legal Protection of Concurrent Creditors Due to Postponement of Debt Payment Obligations During the Covid-19 Pandemic’ (2024) 12(1) JHR (Jurnal Hukum Replik) 13–33 Abstract: The rights of concurrent creditors in the decision to postpone debt payment obligations during the COVID-19 pandemic. To know and analyze the rights of concurrent creditors in determining the vote for extension and peace after the postponement of debt payment obligations during the COVID-19 pandemic. To find out and analyze the obstacles and legal protection efforts against concurrent creditors due to the postponement of debt payment obligations during the COVID-19 pandemic. Problem formulations for this journal are; How are the rights of concurrent creditors in the postponement of debt payment obligations during the Covid-19 pandemic?, How are the rights of concurrent creditors in determining the extension vote and peace after the postponement of debt payment obligations during the Covid-19 pandemic? and What are the obstacles and legal protection efforts against concurrent creditors due to the postponement of debt payment obligations during the COVID-19 pandemic? This research is normative legal research accompanied by supporting data. The research data was collected through a literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the rights of concurrent creditors in the decision to postpone debt payment obligations during the Covid-19 pandemic are based on the theory of positive law put forward by John Austin, namely in Article 222 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Second, The rights of concurrent creditors in determining the extension vote and peace after the postponement of debt payment obligations during the Covid-19 pandemic. Third, Obstacles to legal protection of concurrent creditors due to the postponement of debt payment obligations during the Covid-19 pandemic, namely the absence of funds for the costs of managing and administering postponement of debt payment obligations, uncooperative bankrupt debtors, and debtors selling/hiding their assets before being declared bankrupt. Legal protection efforts against concurrent creditors due to the decision to postpone debt payment obligations.
Agustiwi, Asri, Raka Widya Nugraha and Dania Rama Pratiwi, 'Implementation of Law Number 11 of 2008 on Electronic Information and Transactions Against the Rise of Hoax Culture During Covid-19 Pandemic in Indonesia' (2020) 1(3) Surakarta Law and Society Journal 55-66 Abstract: This article aims to find out the implementation of Law No. 11 of 2008 on Electronic Information and Transactions against the spread of hoaxes during the COVID-19 pandemic in Indonesia as well as how to prevent the growing culture of hoax information spreading in Indonesia. The research method used is a normative method with the study of the Law, while the secondary data material used is the study library as well as the approach of laws and concepts. The result obtained is Law No. 11/2008 jo No. 19/2016 Article 28 paragraphs 1 and 2 has been effective because it can limit the wiggle room of the perpetrators of news and hate speech. More specifically, the perpetrator can be ensaned with other relevant Articles namely Article 311 and 378 of the Consumer Order, Article 27 paragraph 3 of Law No. 19 of 2016 on Electronic Information and Transactions. The role of society, journalists and parents is indispensable also in preventing the dissemination of such fake news. Many steps can be taken, especially as the reader should not immediately believe there needs to be a study by comparing an information with other information. Keywords: hoax, Covid-19, Electronic Information And Transaction Act.
Aidi, Zil, Mohamad Yudha Prawira and Mireza Fitriadi, ‘Indonesia Legal Policy for Micro, Small, and Medium Enterprises Post COVID-19 Pandemic Economic Recovery’ (2023) 21 Review of Economics and Finance 2611–2617 Abstract: The existence of Micro, Small, and Medium Enterprises (MSMEs) is an essential factor in the economic growth of a country. The COVID-19 pandemic has significantly impacted the sustainability of MSMEs in Indonesia. Based on these conditions, the MSMEs need a suitable legal policy to support them, especially in post-COVID-19 economic recovery. This normative juridical research with conceptual, comparative, and statutory approach aims to analyze the Government of Indonesia’s (GoI) legal policy on the MSMEs post-COVID-19 pandemic economic recovery. This research also discusses the GoI legal policy impact on the MSMEs. The result shows the GoI has issued several legal policies in the form of regulations, such as Law Number 6 of 2023 concerning Approval of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, The Government Regulation Number 7 of 2021 concerning Simplicity, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises and The Regulation of the Minister of Cooperatives and Small and Medium Enterprises Number 2 of 2019 concerning Electronically Integrated Business Licensing for Micro and Small Businesses. These regulations provide convenience to MSMEs in obtaining permits with Business Identification Numbers, while other licenses are adjusted to the risk level of the business activity. In addition, MSMEs may access various incentives and subsidies. Those regulations were addressed explicitly by the GoI to strengthen the position of MSMEs, which will directly impact the strengthening and growth of the national economy after the COVID-19 pandemic.
Aini, M. H. and G. Widjaja, 'Mandatory coronavirus disease-19 (covid-19) vaccination in indonesia: Legal aspect' (2021) Special Issue 1(24) Journal of Legal, Ethical and Regulatory Issues 1-15 Abstract: COVID-19 pandemic has spread globally and has reached a dangerous point. COVID-19 pandemic has even been declared a national health emergency in Indonesia. Various efforts have been made to overcome the Covid-19 pandemic, one of which is vaccination. The COVID-19 vaccination aims to establish herd immunity. Herd immunity requires about 70% of the population to be vaccinated. However, the vaccination raises pros and cons in the community. There are even groups of people who refuse to be vaccinated. This community group feels that mandatory vaccination violates human rights and doubts about the quality of the vaccine. The Government has taken a policy to mandate vaccination with administrative and criminal sanctions that are different from the approach of WHO and other countries. This research is a normative study with a conceptual and a normative approach analysis. Data uses secondary data from the literature, both legal and non-legal materials related to covid vaccination. The results show that vaccination is a very important policy in COVID-19 countermeasures. Mandatory vaccination must be carried out to protect all citizens according to the Indonesian constitution. Vaccination is also part of human rights that must be accommodated and implemented. However, in its implementation, there are problems with doubts and rejection of the vaccine. This obligation causes the restriction of several human rights. However, refusal to vaccinate can violate human rights because it can harm other people and the nation. Therefore, the provision of both administrative and criminal sanctions should be the ultimum remedium. A persuasive and promotive approach and socialization should be the initial approach. However, the regulation of vaccination obligations has shortcomings ranging from the potential for errors in law-making procedures to the absence of an umbrella act. Umbrella act specifically for COVID-19 is a must-have due to an abnormal situation. And the obligation to vaccinate citizens also has implications for the state to be obliged to carry out vaccinations. The Government is obliged to run a vaccination program by ensuring the availability, access, acceptance, and quality of COVID-19 vaccinations.
Aji, Koesmoyo Ponco, Anindito Rizki Wiraputra and Sri Kuncoro Bawono, ‘The Impact of the Covid-19 Pandemic on the Legal Concept of Visas in Indonesia’ (2022) 1(4) Law and Humanities Quarterly Reviews 40–53 Abstract: The Covid-19 pandemic that has been going on globally since March 2020 has led to the universal closure of national borders. The exponential spread of the Covid-19 virus has resulted in a new phenomenon in the immigration field: stranded foreigners. To avoid the continued access of these stranded foreigners, Indonesian immigration issued a series of visa regulations. This study aims to analyse the impact of the Covid-19 pandemic on the concept of visa law applicable in Indonesia by existing formal law. The concepts and theories used in this research are the rules of law concept with an analytical knife in the form of a hierarchy of laws and regulations theory and the theory of sovereignty. The results show that there is a shift in the concept of visa law in Indonesia as a result of the Covid-19 pandemic. In the theoretical study, it is known that this shift in the idea of visa law has ruled out the visa doctrine that has been regulated in Indonesian immigration law. However, the principle of relative sovereignty that respects the principles of international law is the justification for changing the concept of visa law in Indonesia during the Covid-19 pandemic.
Akbar, Dwiky Maulana, Nouratama Anugerah Nandiyani and Muhammad Hafidz Rafiansyah, ‘Legal Protection of Citizens’ Health Rights Countries Affected on Medical Waste Dispostal COVID-19’ (2022) 10(2) Jurnal Independent 1–12 Abstract: Every citizen has the right to health and a good environment. The increasing medical waste during the pandemic becomes the government’s responsibility in such waste management. However, in practice, medical waste handling cannot be properly resolved. It is detrimental to residents, especially those who live around medical waste disposal. The government has the authority and responsibility to protect, respect, and provide benefits to its citizens. This study was conducted by analyzing the legal norms in the applicable laws and regulations, which was related to the existence of the legal issues that will be examined in the study. From this study, it can be concluded that the government contributes to medical waste management and the right to a good and healthy environment according to the constitution’s mandate.
Akbar, Raihan Imam Cahya and Yuhelson M Noer, 'Legal Certainty of Donation of Debt Payment Obligations (PKPU) As a Means of Resolving Non-Load Loans Related to the Banking Relaxation Program during the Covid-19 Pandemic' (2021) 4(4) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 13877-13885 Abstract: The Covid-19 pandemic has had an impact on the economy in Indonesia. The government says that Covid-19 is a non-natural national disaster. The application of social distancing is a way to deal with the spread of the covid-19 virus, but with the presence of social distancing this makes the weakening of the economy that has an impact on business actors in Indonesia. Delay of debt payment obligation (PKPU) provides the purpose of the debtor or creditor applying for a delay in debt payment obligations (PKPU). In addition, the government also provides banking relaxation regulations to support companies that are affected by covid-19. The purpose of this research is to find out the implementation of PKPU supported by relaxation of banking issued by the government to overcome bad credit and know legal certainty in the implementation of PKPU with the relaxation of banking. This research is a normative juridical law research. The result of this research is the implementation of PKPU with the relaxation of banking has been running in accordance with Law No. 37 of 2004 and OJK No. 11 / OJK.03 / 2020. But for waivers that apply in accordance with OJK No. 11 /ṔOJK.03/2020 only applies to business actors who have a loan ceiling to Bank Negara only 03 /2020. But for waivers that apply in accordance with OJK No. 11 /ṔOJK.03/2020 only applies to business actors who have a loan ceiling to Bank Negara only 03 / 2020. But for waivers that apply in accordance with OJK No. 11 /ṔOJK.03/2020 only applies to business actors who have a loan ceiling to Bank Negara only.
Al-Fatih, Sholahuddin et al, ‘The Power of Ministerial Regulation in Handling COVID-19 in Indonesia’ (Proceedings, 3rd International Conference on Law Reform, 2022) 334–340 Abstract: This study tries to discuss the strength of ministerial regulations in responding to the Covid-19 pandemic in Indonesia. Through legal research methods, this article is expected to be able to contribute to the field of legal science, especially in the context of legal science on the rules of determining laws and regulations, as well as responding to legal reforms during and after the Covid-19 pandemic in Indonesia. The approach used in this study is a conceptual approach and is analyzed using the prefix method to find new arguments against the current factual conditions. The results of this study show that ministerial regulations in responding to the Covid- 19 pandemic in Indonesia have validity, bonding, and efficacy. On this basis, implementation of ministerial regulations during the Covid-19 pandemic has binding legal implications and legal force.
Alpatra, Safira Dewata Putri, 'Pandemic Preparedness in Indonesia: The Role of Law and Regulation' (Conference Paper, (International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020, 07 January 2021) Abstract: COVID-19 19 is an infectious disease caused by an unknown virus called corona virus, before it broke out in Wuhan, China in December 2019. In 2005, the World Health Assembly urged its Member States to develop national pandemic preparedness plans. In response to this call, many countries have formulated their national plans. A developing country like Indonesia, face particular planning and other challenges with pandemic preparedness as there may be a higher death rate in Indonesia compared with more developed countries. Within its checklist of legal issues, WHO includes the need to “Identify the advantages and disadvantages of declaring a state of emergency during a pandemic”. The need to ensure that there is a legislative framework for the national plan and that an assessment has been made of the legal basis for public health measures which may need to be implemented during a pandemic, including travel restrictions, school closures, quarantine and isolation, and social distancing measures. That why the role of law and regulation is critical to the capacity of governments to respond to emergencies, lay the groundwork for recovery, and to help communities build resilience against future shock. This study aims to determine the role of law and regulation to face pandemic in Indonesia. This study uses qualitative methods. The results of this study show that there are three main areas which are, strengthening the legal and policy framework for the management of Covid-19 and its consequences, reduce the impact of the crisis on the judicial systems and those seeking justice pay special attention to the most vulnerable groups, especially women and marginalized groups, and advocate the urgent need of life-sustaining law and regulations, to help Indonesia to strengthen its governance and institutions, and to support and invest in a culture of justice to protect the rights and dignity of people everywhere.
Amalia, Mia, 'Challenges and efforts of legal education in the pandemic time in improving the role of education through Merdeka Belajar-Kampus Merdeka' (Conference Paper, Proceedings International Conference on Education of Suryakancana, 17 January 2021) Abstract: The Covid-19 pandemic has given an idea of the continuity of the world of education in the future through technology assistance. However, technology still cannot replace the role of teachers, lecturers, and learning interactions between students and teachers because education is not only about acquiring knowledge but also about values, cooperation, and competence. In this case there are several problems, namely what challenges occurred in legal education during the pandemic, as well as what efforts were made to overcome the challenges faced by legal education during the pandemic in increasing the role of education. The research method was an empirical legal research method, a research method that functions to see the law in a real sense and to examine how the law works in society. So that this pandemic situation becomes another challenge for the creativity of each individual in using technology to develop the world of education, especially law, an innovation is being carried out which is currently being developed by the Faculty of Law, Suryakancana University to implement policies in the field of education to be able to adjust in carrying out the learning process. This adjustment is realized through the policy of Merdeka Belajar-Kampus Merdeka (MB-KM), in which students are given the opportunity to gain a wider learning experience and new competencies through several learning activities outside their study program
Amelia, Tina, 'Qualification of Force Majeure in the Covid-19 Pandemic as a Reason for Cancellation of Contract' (Conference Paper, Proceedings of the International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: Engagement is a legal relationship that occurs between the parties who have agreed on the matters set forth in the contract that creates an obligation to fulfill the contents of the contract. However, there is a situation where one party is unable to perform its accomplishment due to event occur against its will, known as force majeure. In dealing with Covid-19, Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disaster for the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster rise public speculation about whether the Covid-19 pandemic can qualify as force majeure due to the effects of the Covid-19 pandemic disrupting activities in the business sector which resulted in the inability to fulfill accomplishment, thus making the Covid-19 pandemic an excuse to cancel the contract. Research method in this research is juridical-normative legal research. The results of this study that the Covid-19 pandemic cannot be used as a reason for contract cancellation because it must analyzed the force majeure clause states in contract first, and the real conditions to fulfill obligations in the contract. With the Covid-19 pandemic possible to conduct negotiations to postpone, change or cancel the contents of the contract.
Amerilis, Baiq Lisa and Kurniawan Kurniawan, 'KPPU's Role in Enforcement of Business Competition Law on Government Procurement of Goods/Services during the COVID-19 Pandemic' (2021) 10(8) International Journal of Multicultural and Multireligious Understanding 228-235 Abstract: The purpose of this study was to determine the role of KPPU in Enforcement of the Competition Law for the Procurement of Government Goods/Services during the Coronavirus Disease (Covid-19) Pandemic in Indonesia. This type of research is normative legal research, by examining primary and secondary legal materials. The approach method used is a statutory approach, and a conceptual approach. The technique of collecting literature study materials and qualitative analysis using legal interpretations in an authentic and grammatical manner. Procurement of goods and services in emergency conditions has been regulated in Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods and Services, where the process of implementing PBJ is carried out through Direct Appointment. In addition to the Presidential Decree, PBJ LKPP has issued Head Regulation (PERKA) LKPP No. 13 of 2018 concerning Procurement of Goods/Services in Handling Emergency Situations, which states that in the procurement process during an emergency there are at least four important phases that must be passed, namely planning, implementation, settlement of payments, and audits. President Joko Widodo on March 20, 2020 has issued Presidential Instruction (INPRES) Number 4 of 2020 concerning Refocussing of Activities, Reallocation of Budgets and Procurement of Goods and Services in the context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19). The difference between the ordinary PBJ process under normal conditions is that the direct appointment time is relatively faster, there is no need to announce it on the LPSE (Electronic Procurement Service) website, there is no need for a price evaluation process, and the officials who carry it out are PA, KPA, and PPK directly. And there is no need to form a Procurement Working Group.
Aminah, Siti and Siti Sumadiyah, 'Contextual study of family law: Rethinking differential roles and positions of women (Indonesian Council of Ulama/MUI) in Kediri City families in the pandemic era' (2021) 3(8) Jurnal Pembaharuan Hukum 306-323 Abstract: This research is an effort to affirm the role and position of women in the family who are no longer on the sub-ordinate line. By carrying out a contextual study based on the rules of fiqh legal provisions depend on the god who follows and taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah, the research has a significant point. To ensure the validity of this research, the research data is a scientific research method that can be accounted for. The data is extracted through the triangulation method, namely interviews, observation and documentation. The data results were tested for the validity of the data through triangulation of sources and techniques. After the final data, the findings of the study were obtained. Namely, 1) on the economic aspect of the family, women work in a community by developing micro-enterprises; 2) in the social aspect, women provide counselling, socialisation, both online and offline; 3) in the spiritual aspect, women carry out halaqah on family resilience during the pandemic and socialise the MUI fatwa related to vaccination law; 4) in the education aspect, women provide services, education and education to the wider community in dealing with the Covid-19 pandemic.
Ananingsih, Sri Wahyu and Ratna Dewi Pettalolo, 'Medical and Legal Constraints for Organizing 2020 Regional Head Election in the Covid-19 Pandemic in Indonesia' (2021) 1(21) Medico Legal Update 990-994 Abstract: In 2020, Indonesia will hold regional head elections simultaneously in 270 regions covering 9 provinces, 224 districts and 37 cities, voting on 9 December 2020. This study aims to analyse the potential for general elections in the midst of Covid-19 pandemic in Indonesia..Descriptive qualitative research method are used in which the data is obtained through interactive discussions, interviews and document searches. The results of our analysis conclude that there are 4 potential vulnerabilities in the 2020 elections, namely the availability of the budget, the readiness of election organizers, the number of alleged violations and the level of community participation. Recommendations for this study are the efforts to collaborate, coordinate and communicate well between the government and the election organizer and increase public participation.
Andrieansjah, Andrieansjah, 'The Impact of COVID-19 on Intellectual Property Legal System Related to Public Health in Connection with TRIPS Flexibilities in Indonesia' (2020) 2(13) Indonesian Law Journal 165-191 Abstract: In early 2020, countries in the world was shocked by a new virus called Coronavirus Disease 2019 (COVID-19) including Indonesia. The COVID-19 pandemic gives impact to the legal system, including intellectual property (IP). Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities on public health in developing countries: Transition Periods, Compulsory License, Government Use, Parallel Imports, Exceptions to Patent Rights, Exemptions from Patentability, Limits on Data Protection, and Implementation of the Paragraph 6 of the Doha Declaration. Research problems: (1) what are the conditions for implementing the flexibilities of TRIPS in facing COVID-19 pandemic in Indonesia and (2) what are the issues that should be anticipated for future IP legal system relating to public health as a lesson from this COVID-19 Pandemic. Government Use is most effective to be used for encounter COVID-19 Pandemic, and voluntary license is recommended tobe promoted for future approach. The study is using a qualitative literature study.
Andryan et al, 'An Analysis of the Indonesian Government Policy on the Lockdown from the perspective of Human Rights' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: Corona Virus Disease 2019 (Covid-19), has become a deadly threat in countries of the world, including Indonesia. As a rule of law, Indonesia regulates matters of emergency which are synonymous with the term state of emergency. To deal with the spread of Covid-19, the Indonesian government has issued some policies policies, including the temporary closure of public spaces (lockdown). The lockdown policy is not only an effort to prevent more widespread transmission, but has the potential to reduce the right to freedom of assembly. The right to freedom of assembly and movement from one place to another is part of the constitutional rights guaranteed by the state. This paper is intended to seek a constitutional policy formulation in the perspective of Human Rights in a Modern Legal State. This research uses normative juridical research. The approach to the problem used in this study includes a statutory approach and a conceptual approach. The data obtained were collected and analyzed qualitatively with a descriptive-analytical model, so that the results could be described comprehensively and systematically. As a form of realizing welfare for the people even in an emergency, the state must always actively take the initiative to act. This is as stated in Article 28A of the The 1945 Constitution of the Republic of Indonesia, “Everyone has the right to live and has the right to defend his life and life”. The government must be able to make policies on handling Covid-19 from a human rights perspective. In the human rights context, there are at least 6 principles and guidelines on how to limit, delay and reduce the enjoyment of human rights. First, the determination must be based on law. Second, statements, notifications and emergency stops. Third, do not limit nonderogable rights. Fourth, it is really needed. Fifth, the arrangement is clear, strict, and does not have multiple interpretations. Six, emphasizes proportionality. The lockdown policy that prevents the people from fulfilling their daily needs, must be accompanied by policies that provide relief for the people, provide direct life insurance for all, policies to study / work at home without causing additional burdens for the family. As a modern constitutional state, one of its characteristics is the fulfillment of human rights based on the constitution. As a rule of law, the government must comply with regulations without having to make new regulations on lockdown policies, where the government must ensure the fulfillment of the basic needs of citizens and livestock feed as regulated in Article 55 paragraph (1) of Law No.6 of 2018 on Health Quarantine and ensure the quality of education and the reach of educational services that allow students to learn from home.
Anggita, Wenni, Nanang Wahyudin and Wirazilmustaan, 'Covid 33: Perceptions and Expectations of Council Members on Presidential Regulation No. 33 of 2020' (2021) 2(3) Asian Journal of Law and Governance 34-39 Abstract: The uncomfortable news for government officials, members of the DPRD, as well as other civil servants in the midst of the corona pandemic (covid-19) with the issuance of Presidential Regulation Number 33 of 2020 concerning Regional Unit Price Standards which they call “Covid 33”. This is related to cutting some line items which were cut quite a lot by up to 75%. This Presidential Regulation is effective starting January 1, 2021 since President Joko Widodo issued Presidential Regulation Number 33/2020 concerning Regional Unit Price Standards in February 2020. This study aims to find out what the opinions of the members of the regional people's representative council, especially in the Bangka Belitung Islands regarding the implementation of Presidential Regulation 33 of 2020. The sample of this study is 50 council members spread across 2 districts in Belitung using descriptive qualitative approach. Researchers distributed questionnaires and also conducted interviews with respondents to see their perceptions and how their expectations and input were regarding this Presidential Regulation 33/2020. The results of this study indicate that most respondents do not reject the implementation of Presidential Regulation 33/2020. However, revisions must be made in several parts. This is related to an increase in social expenditure as an increase in the economic cost of the community from council members. There is separation between government employees and board members in the implementation of Presidential Regulation 33/2020 because of the differences in the interests of their existence. The implementation of Presidential Regulation 33/2020 should also be adjusted to the capabilities of each region so that it does not generalize the capabilities of the regions. This is contrary to the welfare theory adopted by society where every community is no exception to the members of the council.
Angkasari, Wildani and Andrey Sujatmoko, ‘Protection of Indonesian Fishermen from China’s Threat in the North Natuna Sea Region During the Covid-19 Pandemic’ (Proceedings, 3rd International Conference on Law Reform, 2022) 326–333 Abstract: The economic importance of the North Natuna Sea is premised not only on its function as one of the largest marine sources in Indonesia but also as an important location for the Indonesian military to conduct large-scale exercises. Amidst the ongoing outbreak of the COVID-19 pandemic, unauthorized fishing by Chinese flagged boats continues to be pervasive in the Indonesian EEZ off Natuna Islands. Chinese coast guard and military vessels were constantly and visibly present in those waters, testing the patience and perseverance of Indonesia’s authorities. The purpose of this article is to find out the cause related to the problem of protecting Indonesian fishermen in catching fish in the region. The Indonesian government is committed to ensuring rapid mobilization of its military and naval assets in the area when required to protect the fishermen. The method used in this research employed the qualitative method and critical content analysis. The legal consequences of ratifying the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) with Law No. 17 of 1985 concerning the ratification of UNCLOS, Law No. 32/ 20014 concerning about the sea are the substance of law regulation. The type of data used is secondary data, namely data obtained through literature study. The study matches that Indonesia must develop fishermen with the spirit of defending the country, especially in areas where the waters are partially located within China’s nine-dash line.
Annisa, Bernieka Nur et al, ‘Implementation of the Money Laundering Law as a Predicate Crime during the Covid-19 Outbreak’ (2022) 6(1) Hang Tuah Law Journal 77–86 Abstract: Cases of criminal acts of corruption and Money Laundering have such fundamental ties. In this case the act of corruption is a part of the special criminal law in addition to having special specifications or different from the general criminal law or other, such as a deviation of procedural law and when viewed from the material regulated, the act of corruption directly or indirectly there is a the case or further criminal action from the existence of this criminal act of corruption resulting in a loss that affects the country’s economy, namely by committing the crime of money laundering as an act of laundering or busting the trace rather than the original criminal activity. In addition, in these two acts there is a form of indictment which is very important in the Money Laundering Act because this is very much a part of the determination by the judge in proving an element of guilt from the offender, therefore, the preparation of an appropriate indictment in the Criminal Act of Laundering The money in which the part can’t be ignored. So, in the development of the case, we need to know a lot about the continuity of corruption in the money laundering law, the use of money laundering legislation in its handling of corruption to optimize the efforts to recover state losses, and also the mechanism of imposing criminal penalties in proving the crime of money laundering without first proving the crime predicate as the most important element in imposing sanction.
Anoraga, Surya, Ilham Dwi Rafiqi and Nur Amalina Putri Adytia, ‘Tax Law Enforcement During Covid-19 for Indonesia’s Economic Resilience’ (Proceedings, 3rd International Conference on Law Reform, 2022) 459–467 Abstract: The Covid-19 pandemic has had a broad impact on the life of the nation and state, one of which is the economy. However, during the pandemic, many taxpayers found it difficult to pay taxes properly as it had slowed down the circulation of the economy in society. In fact, many residents lost their livelihoods due to the Covid-19 pandemic. The impact of the Covid-19 pandemic on the economic sector has made many people unable to pay properly. In such conditions, an appropriate solution is needed. This paper attempts to examine the application of tax law during the Covid-19 pandemic for Indonesia’s economic resilience, and how to expand the tax base in the midst of the Covid-19 pandemic by relying on the juridical provisions of tax law. A strategic step that can be taken is to enforce the tax law, one of which is to expand the tax base. Enforcement of tax law will increase taxpayers voluntary compliance, encourage ease of investment, and improve supervision of law enforcement systems that provide certainty, fairness, and benefit.
Ansow, Geovano and Ninis Nugraheni, ‘Legal Study of the Implementation of Termination of Employment for the Reason of the Covid-19 Pandemic’ (2022) 15(2) Jurnal Legalitas 185–198 Abstract: This research aims first to analyze how the norms and provisions of laws and regulations are applied related to the implementation of termination of employment in Indonesia and find out how legal protection is for workers who experience termination of employment. During the current Covid-19 pandemic. The research method used in this study uses a normative juridical research method with a statutory and conceptual approach. Based on the results of the research, it can be concluded First: the legal basis for employers in carrying out mass termination of employment relations with workers/laborers during the current Covid-19 pandemic for the first time referred to the provisions of Article 164 paragraph (1) of the Manpower Law which became the basis for the existence of emergency due to an unwanted cause then proceed with the implementation of Article 151 of the Manpower Law which regulates the process of terminating workers. Second, namely, the legal protection provided by the State for workers due to termination of employment due to the current Covid-19 pandemic first must provide workers’ rights as in Article 156 of the Labor Law and, in the current period, must pay attention to the provisions in the Minister of Manpower Circular Letter Number M/3/HK.04/III/2020 concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Mitigation Covid-19 and Article 6 of the Quarantine Law and Health.
Aprita, Serlika and Lilies Anisah, 'The State's responsibility in the welfare of people and economic recovery in the fac eof COVID-19 from the perspective of law and human rights' (2021) 2(21) Nurani: Jurnal Kajian Syari'ah dan Masyarakat 187-198 Abstract: The Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.
Ariani, Nevey Varida et al, 'The Implementation of the Law of Criminal Procedure in Judicial Process During the Covid-19 Pandemic' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: The spread of the 2019 coronavirus disease (covid-19) with the growing number of cases and deaths across regions and countries has impacted political, economic, social, cultural, legal, defense and security aspects as well as public welfare, including an impact on trial that can now be conducted virtually. Departing from this background, the problem is the Application of Criminal Procedure Law in the Judicial Process in the Covid-19 Pandemic Era. The objective of the present research is to analyze the legal aspects of the application of Criminal Procedure Law in the Judicial Process in the Covid-19 Pandemic Era. This study uses a qualitative method investigating legal materials in the form of statutory regulations, journals, and expert opinions. The previous trial process is referred to the Criminal Procedure Code and other laws that are presented open to the public and closed sessions at religious courts and were conducted directly (face to face) by judges, prosecutors, advocates, witnesses, and defendants. Several conditions have been carried out through teleconference media, but only limited to witness testimony. During this pandemic, through Perma 4/2020, criminal proceedings can be carried out electronically by coordinating with the prosecutor’s office and related detention centers/prisons, even though the Criminal Procedure Code has not yet been regulated. The rights of suspects and other parties including witnesses need to be fulfilled. These obstacles can then be overcome, one of which is by utilizing online media. This is in line with the principles of due court principles of law and the protection of the human rights of the parties. A government regulation in lieu of law (Perpu) is needed as an addition to an article in the RUU KUHAP that regulates virtual proceedings as a solution to filling the legal vacuum.
Arifianto, Rizky and Fitriani Ahlan Sjarif, ‘Analyzing Regional Legal Measures for Subsidizing Restrictions on Community Activities (PPKM) during the Covid-19 Pandemic: A Study of State Administrative Law in Java and Bali Regions’ (2023) 6(1) Nurani Hukum 198–220 Abstract: In recent years, Indonesia and the world have faced an unprecedented non-natural disaster, namely the Covid-19 Virus, which has severely impacted the economies of almost all countries. In response, Indonesia has implemented various legal instruments, including legislation and policy regulations, to address the crisis. One of the controversial legal instruments in Indonesia is the Minister of Home Affairs’ Instruction Number 15 of 2021, which pertains to the enforcement of restrictions on community activities in Java and Bali due to the Covid-19 pandemic. This paper examines the implementation of this instruction by the regions of Java and Bali, focusing on the policy regulations issued in response. The research methodology employed in this study is normative juridical research (Legal Research). The findings reveal that policy regulations are distinct from legislation and that the regions, including DKI Jakarta Province, Banten Province, Central Java Province, West Java Province, East Java Province, and Bali Province, have issued various legal instruments to comply with the Minister of Home Affairs’ instruction. However, both the central and regional governments must ensure that these legal instruments meet the requirements stipulated in the applicable laws and regulations. As Indonesia is a legal state, it is crucial for government officials to base their actions on the principles of the law.
Arifin, Saru, ‘Post-Pandemic Legislation in Indonesia: A Virtual Platform for Future Legislative Options?’ (2022) 2(2) International Journal of Parliamentary Studies 240–262 Abstract: Since the imposition of lockdowns or restrictions on social mobility in response to pandemics in 2020, the operations of many governments have undergone a radical transformation. Indonesia’s compliance with the new health protocols did not stand out as exceptional in this regard. This article investigates how and to what extent the Indonesian Parliament utilized ict during the pandemic, as well as the future viability of ICT as a legislative tool. This article argues that the Parliament’s use of ICT during the pandemic improved its effectiveness, efficiency, and openness in carrying out its responsibilities. In addition, the number of MP s in attendance – albeit virtual – increased. This article suggests that appropriate regulation is required to authorize the use of ICT in legislative activities and that trained human resources are necessary to address cyber-related errors resulting from external threats. Additionally, the adoption of ICT should not be limited to digitizing legislative activities. It must be founded on the institution’s core business.
Arifin, Saru, ‘The Quality of Indonesia’s COVID-19 Legislation’ (2024) 12(3) The Theory and Practice of Legislation 317–343 Abstract: Most countries affected by the COVID-19 pandemic have proclaimed a state of emergency following their constitutional provisions. Consequently, in response to the outbreak, several countries resorted to utilising the authority vested in their respective governments by the Constitution or preexisting legislation about disasters. Indonesia subsequently responded to extensive criticism from domestic and international experts for its delay in formally declaring a nationwide state of emergency in response to the outbreak. In the initial year of the COVID-19 pandemic, the country experienced significant societal and economic consequences due to inadequate crisis governance. This article argues that the government’s response to the COVID-19 outbreak was ineffective in preventing the Pandemic’s rapid spread and its adverse impacts on society and the economy. This situation was due to perceived poor quality content and underlying principles of the country’s legislation. Consequently, the insufficiency became apparent in the inconsistent strategies employed by both central and local governments in tackling the Pandemic, a need for more expertise among institutional personnel, inadequate allocation of resources for crisis management, limited collaboration among government agencies, and the vulnerability of law enforcement. This article proposes that Indonesia enhance its crisis management legislation to establish a comprehensive framework for the supervision and execution of various outbreak management strategies, including those associated with the COVID-19 pandemic.
Ariqah, Putri, 'Advantages and Disadvantages of The Implementation of E-Litigation in Indonesia During the Pandemic Era' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: The presence of Corona Virus Disease 2019 (COVID-19) has brought significant impact on human life, such as in the fields of economic, social, law and politic. Through the Presidential Decree of the Republic of Indonesia Number 12 of 2020 concerning the Designation of Non-Natural Disaster for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster by President Joko Widodo, the government take the action by issued policy related to Work from Home (WHF) with the purpose to reduce the spread of COVID-19 virus, by establishing the work from home policies. In the legal aspect, one of the impacts caused by the WFH policies is to be precise in the application of the trial system called E Litigation. So, because of that, in this paper, I will discuss related to How was the regulation regarding the implementation of E-Litigation in Indonesia during the Pandemic Era? and what are the advantages and disadvantages of Implementation of E-Litigation in Indonesia During the Pandemic Era? The methodology research that will be used in this paper is a normative legal research method in which legal research conducted by examining library materials or secondary data. By this writing, hopefully it can provide information to the society, government and law enforcement officials to be aware of advantages and disadvantages of the implementation of E-Litigation in Indonesia during the pandemic era and hopefully there will be improvements to the deficiencies faced in the application of the E-Litigation system in this pandemic era.
Aritonang, Dinoroy Marganda, 'Legal Liability of Public Financial Administration in the Pandemic Era' (2021) (564) Advances in Social Science, Education and Humanities Research 94-99 Abstract: The conditions of the Covid-19 pandemic have prompted some major changes in various sectors, especially in this regard to the dimensions of financial governance. Basically, the state of emergency has several times causing massive factors to change the pattern and manner of government administration such as the threat of economic crises and other emergencies. Emergency conditions usually encourage changes that are not incremental but tend to be comprehensive, especially in the dimensions of government’s financial administration. This change forces the government to immediately adapt to sudden conditions through the formations of various legal instruments and policies affecting how the government’s finance is run compared to normal conditions. The problem is that the formation of emergency policies often brings a variety of criticisms and concerns about the accountability and legal liability of public finance administration as experienced in Indonesia. Act No. 2/2020 and Perpu No. 1/2020 is a legal basis for the government to manage the public finances during this crisis. Several articles in the policy deviate from the principles of rule of law and government accountability, because they seem to avoid legal accountability and give impunity for the management of public finances during a pandemic. Basically, from the perspectives of administrative and criminal law, the exclusion norms in the policy cannot be applied normatively, because it would contradict the principles of law and good governance. Therefore, the model of the norms of exemption and impunity as such, legally is not a barrier to holding the government accountable because of the violation against the use of public finance.
Arthanti, Berliana Dwi and Nabilla Dyah Eka Pramudhita, 'Law and Human Rights in Addressing Labor Problems during the Pandemic to Achieve Sustainable Development Goals' (2020) 2(4) Lex Scientia Law Review 39-54 Abstract: The labor sector, as an important element in Indonesia's economic growth, has also felt the impact of Covid-19. Rampant unemployment, layoffs, not being registered with the BPJS, violation of workers/labor rights during this pandemic have given negative signals for national economic growth. This is because of the increase in the number of unemployed will increase the poverty rate, reducing the national Gross Domestic Product. The Act Number 13 of 2003 concerning Manpower, which is actually the main milestone in the enforcement of human rights and democracy for manpower, has not been implemented optimally. The domino effect of Covid-19, which not only lowers the economy, also affects the government's achievements in Sustainable Development Goals (SDGs). Therefore, It requires synergy from all fields and real human rights enforcement to ensure the workforce, revive the economy, and achieve the SDGs targets. This normative juridical research uses secondary data through literature study and qualitative analysis. Here, the researcher will understand the importance of human rights enforcement to deal with problems in the labor sector to achieve the government's targets in the SDGs program.
Artono, Harry, ‘Legal Protection of Patients and Health Workers Rights in the Covid-19 Pandemic’ in Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia (EAI, 2022) Abstract: Until now, the Covid-19 pandemic has become a serious threat on a global scale, including in Indonesia and seriously threatens public health, so that all parties are trying to eradicate Covid-19. The right to health services for patients is one of the constitutional rights mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia, and parties who have the capacity and ability to carry out health services are health workers. However, until now, legal protection for the rights of patients and health workers has not been maximally implemented, especially in the aspect of fulfilling medical facilities, infrastructure and equipment that not yet to be distributed fairly and equitably, so that legal protection of health and safety must be guaranteed. This journal research method is juridical-normative legal research with secondary data which includes primary legal materials: UUD NRI 1945; UU Number 36 of 2009 concerning Health; and Presidential Decree Number 12 of 2020; secondary legal materials: books, journals, and scientific research on health law; Tertiary legal materials: Big Indonesian Dictionary (KBBI) and Black’s Law Dictionary.
Aryanti, Dina and Nuria Enggarani, ‘The Urgence of Enforcement of Administrative Law on the Implementation of Taxation in the Context of Welfare State Countries during the Covid-19 Pandemic’ (2022) 1(1) International Conference Restructuring and Transforming Law 139–147 Abstract: Administrative violations at the KPP Pratama Surakarta during the Covid-19 pandemic experienced an increase, so to overcome these problems it was necessary to enforce administrative law enforcement by implementing administrative sanctions in the taxation sector. This is due to reduce non-compliant behavior of taxpayers, as well as provide protection and certainty for taxpayers where the collected tax funds will be used to realize people’s welfare. This research is a normative empirical legal research using the legal approach and thesociologyof law. This study uses primary and secondary data. Then the data obtained is processed and analyzed by analyzing the data qualitatively. The results of this study indicate that the application of administrative sanctions during the Covid-19 pandemic at KPP Pratama Surakarta is the last solution in enforcing administrative law and has been applied according to the applicable tax regulations. And the urgency of the enforcement of administrative law on the application of taxation in the context of the welfare state during the Covid-19 pandemic at KPP Pratama Surakarta, namely if the compliance of both formal and material taxpayers is met, the collected tax funds will be used to realize the welfare of the people.
Asih, Yuni, Anjar Sri Cipto N and Emmy Latifah, ‘Legal Protection of the Rights of Workers Who Have Discontinued Termination of Employment Due to the Impact of the Covid-19 Pandemic’ (2023) 10(3) International Journal of Multicultural and Multireligious Understanding 70–75 Abstract: This study aims to examine the legal protection of the rights of workers who have experienced Termination of Employment (PHK) by employers as a result of the Covid-19 pandemic and solutions to the problem of Termination of Employment (PHK) during the Covid-19 pandemic in order to create legal protection of the rights optimum workers. The research method is normative legal research using a statutory approach. The legal materials in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is the technique of literature study or document study. The law material analysis technique used in this research is the syllogism method which uses a deductive mindset. The results of the research show that the regulations issued by the government regarding termination of employment for workers are regulated in Law Number 13 of 2003 concerning Manpower, then some of the provisions were amended in Law Number 11 of 2020 concerning Job Creation and supplemented in Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Rest Time, and Termination of Employment. As well as protection for workers who have experienced layoffs during a pandemic has not fully provided protection for workers who have been laid off, because there are indeed no specific rules made by the government to protect workers during a pandemic. As well as there are entrepreneurs who made layoffs during the Covid-19 pandemic which did not comply with applicable regulations. A solution to the problem of termination of employment is needed during the Covid-19 pandemic in order to optimally create legal protection for workers’ rights.
Asman, Asman and Resali bin Muda, ‘Social Dynamics on the Increasing Divorce of Malay Communities during COVID-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law’ (2023) 17(2) Al-Manahij: Jurnal Kajian Hukum Islam 153–166 Abstract: The purpose of this study is to find out the causes and provide alternative solutions to the increase in divorce of the Malay community in Sambas Regency, West Kalimantan. The emergence of Covid-19 at the beginning of 2019 as a very scary and deadly virus for mankind in this world. One of them is Indonesia, which has been greatly affected by Covid-19, both from the family economy side and from the family resilience side. One of the cases that occurred in Sambas Regency was that in 2021 there was an increase in divorce during the Covid-19 pandemic, resulting in a change in status. This type of research is a type of qualitative research that prioritizes field studies with a normative juridical approach. The focus in this research is what causes the increasing divorce status of the Malay community during the Covid-19 period in Sambas Regency? And what are the alternative solutions to reduce the high divorce rate during the Covid-19 period in Sambas Regency. The findings of this study are the increase in divorce in Sambas Regency, the existence of conflicts in the families of married couples which results in divorce the main cause of problems in life or family economic resilience, communication in the family is tenuous and marriage. immaturity is caused by being too young to start a household. The alternative solution provided by this study is that husband and wife must communicate actively without prioritizing 2E, namely emotion and egoism to avoid conflict, synergistic active intervention from religious leaders, government, KUA, BBKN and families, to conduct socialization in order to create good relationships for newly married couple or husband and wife who have been married for a long time.
Asman, Asman and Tamrin Muchsin, 'Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic' (2021) 1(20) Mazahib: Jurnal Pemikiran Hukum Islam 77-102 Abstract: The vast and multidimensional impact of the Covid-19 pandemic has forced all countries to establish policies to prevent the transmission of Covid-19, including Indonesia. Not a few countries are not ready to make decisions to find new, more effective ways to prevent Covid-19. In Islamic law, ijtihad is part of lawmaking in the implementation of worship and muamalah, which solves problems that arise and mitigates policy implementation. This article uses a normative juridical approach to the issue because it can showcase the benefit of Islamic law for humans. Moreover, it aims to generate ideas in the renewal of Islamic law, especially in the implementation of worship and muamalah (social transaction/relation), and inform the government to make decisions that intersect with Islamic law during the Covid-19 pandemic. The focus of this research is how does covid-19 affect the practice of Islamic law in worship and mu`amalah? This study finds that government policies and regulations are currently in line with Islamic law. The most critical considerations in determining the compatibility of government policies and rules with shari’a are maintaining the soul’s safety, maintaining the continuity of religion through rukhshah, and maintaining the economy. Also, the Islamic rulings (fatwa) issued by ulama in response to government policies and rules are expected to guide worship and mu`amalah, build awareness and solidarity of Muslims, and relate to the people’s economy today.
Assahary, Salman, Nilda Efelmi and Sarbaitinil Sarbaitinil, 'Islamic Sharia and New Normal Covid-19 in the Sense of Political Communication in West Sumatra' (2021) 10(8) International Journal of Multicultural and Multireligious Understanding 51-57 Abstract: Islamic sharia in the form of Islamic lifestyle terminology in political communication by MUI Sumatera Barat is opposite to the new normal terminology of the central government.This is a dilemma for people in West Sumatra. This study aims to know the model of political communication conducted by the MUI of West Sumatra and the central government related to the handling of the Covid-19 pandemic. Furthermore, the study was designed to search for the supporting factors and inhibitors as well as the response of the community in West Sumatra.Qualitative research methods are used in this study with a descriptive case study approach. Primary data collection techniques are carried out with interviews and observations. Meanwhile, secondary data is obtained through literature studies conducted on a variety of relevant reading sources according to the topic of research.The results showed that the model of political communication conducted by MUI of West Sumatra in addressing the new normal terminology of the central government is an interactional model by integrating Islamic values and customs. Meanwhile, the communication model of the central government is a model of the effect hierarchy that teaches knowledge, attitudes, and behaviors by learning, feeling, and doing.The supporting factors of MUI terminology in West Sumatra are Islamic community organizations and Minangkabau indigenous communities and supporters of central government terminology of all elements of nationalist society.Factors inhibiting MUI terminology have not yet applied Islamic qanun sharia in West Sumatra while socialization from the central government is considered to be minimal. Some people respond to Islamic lifestyle terminology but some respond to the new normal terminology Covid-19 from the central government.
Astriani, Nadia et al, ‘The Responsibility of the Indonesian Government to Fulfill the Rights to Water During the COVID-19 Pandemic: Some Legal Issues’ (2021) 51(4) Environmental Policy & Law 327–341 Abstract: Indonesia has enough access to freshwater resources of the planet. However, uneven distribution together with mediocre water management and a lack of water infrastructures make a significant number of households in this country have inadequate access to safe water. This becomes big issues, because the provision of safe water, sanitation and hygienic conditions are essential to protect human health and save humanity during the Covid-19 pandemic. When this article was written, COVID-19 patients who were confirmed to be infected were in all Indonesian provinces, with the largest numbers of patients located in Java. The purpose of this study is to determine the efforts of the Indonesian government to fulfill its responsibilities in fulfilling clean water during a pandemic. The study collects all regulations and policies concerning clean water and an analyses them using doctrinal method. The result of the study shows that although there are enough regulations governing the use of clean water, they have not resolved the problem of clean water fulfillment. In overcoming water needs during the pandemic, the Indonesian government did not make additional efforts other than those previously planned in the Strategic Plan of the Ministry of Public Works and Housing. The disruption of the economy has an impact on state finance, causing the government to refocus budgeting. As a result, many programs related to clean water are postponed. This minimum effort by government is neglecting its responsibility in fulfilling the right to water. The government must emulate how to fulfill the needs for water during the pandemic from other countries and using this situation to fix the problem of clean water in Indonesia.
Awaliyah, Dita Faradila et al, ‘Husband and Wife Role to Maintain Family Resilience during the Covid-19 Pandemic: Islamic Law Compilation Perspective’ (2024) 2(1) Journal of Family Law and Islamic Court 1–11 Abstract: During the Covid-19 Pandemic, many couples divorced due to various factors, including disputes and the economy. However, many families have strong resilience in the face of the Covid -19 Pandemic so that their families remain harmonious. This article discusses the role of husband and wife in improving family resilience during the Covid-19 Pandemic. This is field research was conducted in Medali, Mojokerto, East Java, Indonesia. The data is collected through interviews and documentation to answer existing problems. Qualitative methods with a deductive mindset analyze the results of interviews and documentation. This study concluded that during Covid-19 Pandemic, the husband and wife in Medali maintained their family resilience by playing a role in meeting daily needs, fulfilling economic aspects, and fulfilling education for children. In addition, they support each other and are convinced that this Pandemic is a provision from Allah, so they must pray and be grateful. The family carries out the role of husband and wife in Medali during the Covid-19 Pandemic according to the Compilation of Islamic law, articles 77 and 79.
A’yun, Rafiqa Qurrata and Abdil Mughis Mudhoffir, ‘Reproducing Indonesia’s Illiberal Legalism amid COVID-19: Public Health Crisis as a Means of Accumulation’ (2022) 22(2) Australian Journal of Asian Law 21–24 Abstract: While many nations have struggled to find the best strategies for controlling the Covid-19 pandemic, the government of Indonesia has shown little interest in it. This is evident from Indonesia’s messy handling of the outbreak, which continues to worsen the public health crisis. However, under the framework of disorder that constitutes Indonesia’s illiberal political-legal system, where the rule of law is largely absent, the crisis is a means to the accumulation of wealth and power. Instead of seriously containing the outbreak, the government tends to make decisions that maintain crisis, as this can create wider opportunities to extend state power and facilitate rent-seeking interests. The issuance of highly contentious regulations—which pose serious threats to human rights, extend state power, and undermine notable post-1998 institutional reforms—in the middle of the pandemic is an example of this tendency. Among these regulations are the Presidential Regulation in Lieu of Law (Perppu) on Covid-19, the Coal and Mineral Mining Law, the Constitutional Court Law, and the Omnibus Job Creation Law. The way these regulations were issued shows disregard for the principles of law-making process, such as transparency and public participation, and accentuates the illiberalism within Indonesia’s political-legal system. As such, Indonesia’s messy handling of the pandemic is not simply due to lack of leadership and institutional capacity; nor is it a result of democratic decline, as many have argued. Rather, it is an outcome of the longstanding illiberal political-legal system in which exploiting public health crises for predatory interests is inevitable.
Ayuni, Qurrata, ‘Constitutional Review of Covid-19 Law at Indonesia Constitutional Court’ (2023) 6(1) UNES Law Review 2922–2933 Abstract: This paper analyzes the constitutionality of Law Number 2 of 2020 concerning COVID-19 which was originally passed as emergency legislation in the form of ‘government regulation in lieu of law’. The COVID-19 Law reaps pros and cons because it is considered to have the potential to give birth to abuse of power in times of crisis. Grounded by final decision of The Constitutional Court, this paper raises three main issues; First, the vital role of judicial power in providing checks and balances in an emergency situation. Second, the prohibition of granting immunity to the practice of irregularities in state finances in times of crisis. Third, the need for a time limit for granting discretion caused by COVID-19 to ensure legal certainty. Through the method used, namely normative juridical, conclusions were obtained regarding the urgency of the role of the power of the Constitutional Court in Indonesia as the protector of the Constitution in the COVID-19 emergency.
Aziz, Muhammad et al, ‘Providing Incentive Guarantees and Privileges for Health Services in the Implementation of Legal Protection for Health Workers During the Covid-19 Pandemic’ (2022) 14(1) Journal de Jure 111–124 Abstract: The research aims to explain the implementation of legal protection for health workers in Indonesia during the COVID-19 pandemic. Health workers are people who are engaged in the health sector to provide assistance to people who need healing of physical conditions. Indonesia is being hit by the Covid-19 outbreak which has killed many health workers in their work. At the same time, health workers are intimidated by people who are worried about the spread of the virus to their homes, so that health workers become victims of bullying by the community. The research method used is normative juridical with analytical prescriptive research specifications and is carried out with an analytical approach, a law approach, a literature approach, a concept approach, equipped with primary, secondary, and tertiary legal materials as data fulfillment in this study. This research concludes that the implementation of the protection of health workers in Indonesia is carried out through a policy of providing high incentive guarantees, privileges in health services, and special family insurance for health workers. Such a model for implementing the protection of health workers needs to be given, in order to guarantee legal protection and human rights in their duties to provide assistance to humanity and the safety of the nation in the context of treating and preventing the Covid-19 virus outbreak.
Badriyah, Siti Malikhatun, R Suharto and Retno Saraswati, ‘The Restructuring of Credit and Lease Agreements and Its Impact on Micro, Small, and Medium-Sized Enterprise and Insolvency Risks Amid the Pandemic: A Normative Juridical Method’ (2024) 6(3) Corporate Law & Governance Review 43–52
Abstract: Micro, small, and medium-sized enterprises (MSMEs) play a crucial role in Indonesia’s economy, contributing to job creation, income growth, and wealth distribution (Koeswahyono et al., 2022). This research aims to analyze the impact of the COVID-19 pandemic on lease agreements (leasing) in the non-banking financial sector, particularly in financing companies. The research is conducted through a normative juridical research method. The main findings of this study show that credit restructuring is a government solution to address instalment payment difficulties, especially for MSME debtors. The article also addresses legal certainty issues in lease agreements, mainly due to regulatory gaps in the Civil Code. With specific conditions, credit restructuring is provided with a maximum limit of IDR 10 billion (Siregar et al., 2021). This research concludes that, despite being considered an optimal solution, credit restructuring also has negative impacts, and legal certainty is critical in this context. Using data from the Financial Services Authority in 2021, the article explains that credit restructuring has positively stimulated Indonesia’s economic growth. MSME debtors are the main focus, comprising 39.73 percent of the total credit restructuring. This policy is seen as a strategic step to support economic recovery, especially considering the central role of MSMEs in the national economy.
Bagja, Hafied Noor and Et Al, 'The legal aspect of changing the Final Income Tax as a tax incentive for MSMEs during the covid-19 period in Indonesia' (2021) 8(12) Turkish Journal of Computer and Mathematics Education (TURCOMAT) 322-326 Abstract: The 2019 Coronavirus Disease (Covid-19) pandemic, which attacked globally, including in Indonesia in early March 2020, triggered chaos that affected many sectors in Indonesia, such as the tourism and entertainment sector, industrial development, education, including the economy and MSMEs in it. MSMEs have an important role in national economic development. Apart from playing a role in economic growth and employment, it also provides income to the state through paid income taxes. The government is trying to combat this. So that the government issued a final PPh change policy for MSMEs so that this study aims to find out how the legal aspects of Final Income Tax changes as tax incentives for MSMEs. This research uses normative juridical research with a one-stop approach. The results of the study provide an illustration that changes in Final Income Tax are based on Article 6 Number (1) letter (i) of the Income Tax Law, which is the basis for implementing the Article is PP. 93 Tahn 2010, PMK No. 76 / PMK.03 / 2011 as further implementing regulations, and then also required to pay attention to the provisions of PMK No. 86 / PMK.03 / 2020 with the aim of obtaining a reduction in taxable income.
Baihaqi, Yusuf, ‘The Flexibility of Islamic Law: Criticism Toward the Intepretation of Indonesia Online Preacher on Youtube for Covid-19’ (2023) 8(1) Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 71–84 Abstract: The existence of YouTube as a social media video platform that is easily accessible and has a wide reach, is often used to share ideas, concepts, and thoughts, especially when the Corona pandemic hit the world, preachers were no exception. This article examines the interpretations of preachers on YouTube media regarding Covid-19 that conflict with the adaptability of Islamic law.This article employs an analytical descriptive, the writer evaluates Youtobe-based online da’wah content with a focus on the interpretation of Covid-19, then analyzes it based on a flexible approach to Islamic law. A study of the online preachers’ interpretations shows there is ambiguity in the opinions of online preachers about Covid-19 epidemic. This interpretation is similar to their claim that the prohibition and restrictions of the pilgrimage during the Covid-19 period were part of a conspiracy against the Islamic faith, the prohibition on congregational prayers during the Covid-19 period was seen an insult to the Islamic religion and keeping distance during congregational prayers during this time was in violation of Prophet’s Sunnah. The writer states that the fundamental cause of the conflicting interpretation of Islamic law is a lack of knowledge of how flexible it is.
Bakung, Dolot Al Hasni, Mohamad Hidayat Muhtar and Nabih Amer, ‘Comparative Analysis of Legal Policies Regarding Force Major During Covid-19 Pandemic in Indonesia and China’ (2022) 3(1) Batulis Civil Law Review 8–18 Abstract: Covid-19 as a pandemic in the 20th century has brought consequences in many aspects, one of which is the force major aspect. The force majeure policy in Indonesia is still incomplete, unlike China, which already has a more complete policy. The purpose of the research is to be able to find out about the Covid-19 policy in Indonesia and to compare the Indonesian and Chinese force major policy settings. The research method uses a normative research type with a statutory approach. The results of the study show that Indonesia’s policy in dealing with covid 19 has problems in two policies, namely: the provision of information and the Lockdown policy. Meanwhile, the comparison problem with China is better by providing a mechanism with more legal certainty, namely providing access to the determination of force major against the Supreme Court, while Indonesia does not have a similar mechanism.
Bakung, Dolot Ahsani et al, ‘The Urgency of Establishing a Legal Entity Issuing Force Majeure Certificates Against Creditor Protection During the Covid-19 Pandemic’ (Proceedings, 3rd International Conference on Law Reform, 2022) 148–156 Abstract: The Covid-19 that occurred in recent years has had an impact on public health as well as the economic sector. It has caused the Indonesian economy to experience a slump in the second quarter of 2020 until the real GDP contracted and its value became IDR 2,590 trillion, which previously was IDR 2,735 trillion in the second quarter of 2019. Accordingly, the government announced Presidential Decree No. 12 of April 13, 2020, on the determination of non-natural disasters due to the spread of COVID-19 in 2019, a national disaster, making use of it. The issue is that the economic impact affects creditors in paying their obligations to debtors. The problem is that the emergency status of Covid-19 does not necessarily cause force majeure that has an impact on losses for creditors. Therefore, it is necessary to form a state agency that specifically issues force majeure certificates like in China so that it can be used as a reference that the debtor is proven to have experienced force majeure. This certificate serves the purpose of proof which will ultimately be considered among all relevant factors by the court. Because in Indonesia, the only way to interpret force majeure in court is based solely on the opinion of the judge, and the creditor’s position does not have strong evidence to prove in a state of force majeure. The formulation of the problem in this study is: what about the concept of force majeure for loan protection in Indonesia? How to Establish a Legal Entity Providing Force Majeure in Indonesia Design Certificate?
Balahmar, Ahmad Riyadh Umar, ‘The Impact of the Omnibus Law on Industrial Relations in Indonesia During the Covid-19 Pandemic: A Qualitative Analysis’ (2024) 50(9) Asian Journal of Education and Social Studies 345–357 Abstract: The Covid-19 pandemic since 2020 until now has had a tremendous impact on socio-economic life in Indonesia. Many companies have laid off their employees on the pretext of a decrease in company production affected by the Covid-19 pandemic. On the one hand, the Indonesian government in October 2020 has passed the Omnibus Law which is still controversial. This study aims to explain the industrial pattern in handling employment after the enactment of the Omnibus Law during the Covid-19 pandemic. By using eight informants as research subjects through purposive sampling techniques, this qualitative study collected data through in-depth interviews related to the topic. The results of the study show that before the enactment of the Omnibus Law during the pandemic, the conditions focused on the problem of ‘rights disputes’ including the payroll system, deductions, and employee SP3 which were considered unfair. However, after the enactment of the Omnibus Law, the problem refers more to ‘interest disputes’ between companies and workers to defend their respective interests. This finding has significance for policy makers and practitioners in industrial relations. Governments and companies must understand the transition from rights disputes to interests disputes to develop more inclusive policies and minimize conflicts. Companies must also be more transparent in managing human resources and paying attention to workers’ rights to improve fairness and stability of the industry.
Banjarani, Desia Rakhma et al, ‘Cyber Notary in Indonesia: Review During the Covid-19 Pandemic and the Urgency of Post-Pandemi Covid-19 Legal Regulations’ (2023) 8(1) Jurnal Kenotariatan 8–14 Abstract: The role of the notary is required to be able participate in the development of technology and information, because in an electronic transaction is very possible for the intervention of a notary as a trusted third party. It is very inappropriate if the notary still uses conventional methods in providing services, because speed, timeliness and efficiency are needed by the parties. So, the research problem can be formulated as follows: How is the development of cyber notary in Indonesia? Why is cyber notary regulation so urgent in Indonesia after the Covid 19 Pandemic? In this research, the authors objectively describe cyber notaries in Indonesia. This research is normative research with the authors arranged descriptively through a qualitative approach. There are no specific legal provisions that regulate cyber notaries, while the use of cyber notaries is increasingly urgent during the pandemic era, such as the Covid 19 Pandemic. However, due to the absence of regulations governing cyber notaries, there were several problems in implementing cyber notaries during the Covid 19 Pandemic era. Therefore, after the Covid 19 Pandemic there was a need for special regulations governing cyber notaries. This is because the Notary Office Law, which has been the legal basis for implementing cyber notaries, actually has several articles and provisions that hinder the implementation of cyber notaries.
Barreto, Tibersio et al, ‘Comparison of Covid-19 Handling Between Timor-Leste and Indonesia in a Responsive Legal Perspective’ (2022) 5(10) International Journal of Social Science Research and Review 13–21 Abstract: Efforts to reduce the spread of Corona Virus Disease (Covid-19) require comprehensive efforts, including in the legal realm, which indicates that legal products are appropriate and serve the needs and social interests of the community. Such a law called Nonet and Selznick is responsive law, which basically emphasizes the aspect of substantive justice. (Philippe Nonet & Philip Selznick, 2003). From the theoretical aspect it is clear that good law always responds and makes the law for humans, not humans for law.(Satjipto Rahardjo, 2007). In terms of handling the Corona Virus Disease (Covid-19) which is an emergency, it can be obtained an overview of how the law responds to many events, especially between Indonesia and Timor-Leste. Based on this description, the author is interested in studying more deeply related, How is the Handling of Corona Virus Disease (Covid-19) between Indonesia and Timor Leste in a Responsive Legal Perspective?
Budi, Early Romance and Bambang Eko Turisno, ‘Legal Protection Effort Against Consumers Regarding Electronic Transaction Violations During The Covid-19 Pandemic’ (2022) 2(11) Eduvest - Journal of Universal Studies 2269–2277 Abstract: The development of technology has made all forms of life easy for humans. One of the technological advances is the existence of internet technology. The presence of e-commerce provides convenience that is very, very useful for consumers. In connection with the economic problems that resulted in the decline in the economy during the COVID-19 pandemic, in this case, it gave rise to new crimes and the level of criminalization in society was increasing. Fraud cases in electronic transactions are one of the crimes commonly committed on social media or e-commerce. The purpose of this paper is to find out the legal protection for consumers regarding violations of electronic transactions during the covid-19 pandemic. Legal protection for consumers due to violations including fraud through electronic transactions during the covid-19 pandemic is regulated through the provisions in the Indonesian Criminal Code, which is contained in Article 378 concerning Fraud and its provisions in the ITE Law as these regulations have regulated relating to an electronic transaction that is in Indonesia, this clause is part of positive law in Indonesia that can be used as an effort to protect the law.
Budiana, I Nyoman and Leo Liusiana, ‘Implementing the Authority of the State’s Attorney in Legal Assistance in Handling Covid-19 in Denpasar City’ (2023) 6(1) Sociological Jurisprudence Journal 22–32 Abstract: The emergence of a disease outbreak, namely Corona Virus Disease 2019 (Covid-19) in most countries in the world, has caused various problems, not only in the health sector but also in the economic, political and socio-cultural fields. This study aims to analyze the attorney’s authority in providing legal assistance and examine various factors that support and hinder the handling of Covid 19 in Denpasar City. The research design used is a normative juridical approach with a statutory law approach, an analytical and conceptual approach and several facts collected from informants as support and qualitative descriptive juridical analysis was used to obtain adequate and accurate results. The result shows that the implementation of legal assistance to policies in the framework of accelerating the handling of Covid 19 and the National Economic Recovery program by the State’s Attorney of Denpasar District Attorney was carried out well and effectively. The factors that support the implementation of the legal assistance are the clarity of the legal basis used by the prosecutor’s office in carrying out its functions and the fast and active response from the applicant, namely some agencies in Denpasar City. While the inhibiting factors include the reporting process provided by the applicant to the attorney’s office is still slow, the limited number of members of the State’s Attorney with authority as public prosecutors must continue to be carried out within the framework of law enforcement.
Budiarti, Arsa Ilmi, Dio Ashar Wicaksana and Nanda Oktaviani, ‘The Role of Technology in the COVID-19 Pandemic Era: A Lesson Learned from Indonesia in Increasing Access to Legal Aid’ (2023) 3(1) Journal of Contemporary Sociological Issues 1–22 Abstract: The COVID-19 Pandemic has increased the prevalence of legal problems, such as criminality, massive unemployment, domestic violence, and inequality in society. This condition further causes legal aid services to be progressively needed. Meanwhile, many people still do not know about free legal assistance from the Government through legal aid organizations or lawyers through pro bono legal services. Moreover, the global policy encouraging social and physical distancing makes it difficult for people to access the legal aid service provider office directly. Therefore, an accessible and comprehensive platform that provides information and free legal aid services is very much needed in this COVID-19 situation for justice seekers—as internet use is growingly massive during the pandemic. This article shows why and how technology expands access to legal Aid, explained through interviews with legal aid providers and desk review. With the Indonesian case, this study argues that optimizing technology’s role does not necessarily involve creating a massive and complicated technological system but rather ensuring the current or existing platform can fulfill justice seeker needs and be inclusively accessible to vulnerable groups. Legal needs assessment and a multistakeholder approach must be encouraged sustainably to ensure the platform can achieve those goals. Keywords: Access to Justice, Covid-19 pandemic, Free Legal Aid, Technology, Vulnerable Groups.
Budiman, Karel and Siti Hajati Hoesin, ‘Workers Legal Protection in the Implementation of “No Work No Pay” Principles Wages in Furlough off Status during Covid-19 Pandemic’ (2023) 11(2) The International Journal of Politics and Sociology Research 280–287 Abstract: The emergence of the Covid-19 pandemic caused an unstable economic sector in various fields, one of which is the field of employment. The impact of Covid-19 spreading throughout the world has been felt by workers and employers in Indonesia. One of the labor problems faced during the Covid-19 pandemic is the company’s operational problems, where employers leave their workers temporarily by implementing a ‘no work no pay’ wage. However, the implementation of remuneration can only be carried out sometimes for workers. The problem in this journal article is about how workers’ legal protection on wage problems with the ‘no work no pay’ system when workers were put on leave during the Covid-19 pandemic and the solution to resolve labor disputes situation during the Covid-19 pandemic. The method used by the researcher is normative juridical research. The research results show that Workers can apply for the settlement of industrial relations disputes both in non-litigation and litigation following the Law of the Republic of Indonesia Number 2 of 2004 concerning Settlement of Industrial Relations Disputes.
Budiono, Arief, 'Legal Protection of Vaccine Administration Health Service to Prevent the Spread of the Coronavirus Disease 2019 in Indonesia' (2021) E(9) Open Access Macedonian Journal of Medical Sciences 1050-1054 BACKGROUND: The increase of Coronavirus disease (COVID-19) infections leads countries to implement preventive steps such as wearing masks, social distancing, and vaccine administration. Indonesia started administering mass vaccination in January 2021 using the Sinovac vaccine, but there are still problems such as the emergence of side effects. AIM: This research aims to explain the legal protection of COVID-19 vaccine administration and its obstacles. METHODS: This is a normative legal study that uses library research. It uses the statute approach. RESULTS: The research results show that the legal protection of COVID-19 vaccine administration includes Law No. 36 of 2009 on Health and Presidential Decree No. 99 of 2020 on Vaccine Procurement and Administration to Overcome the COVID-19 Pandemic. Then, the obstacles in the vaccine administration include the limited stock of vaccines and supporting health equipment such as hazmat suits and injection needles. CONCLUSION: Thus, the government of Indonesia should implement the Health Protocols during this pandemic, as stipulated in the Decree of the Republic of Indonesia’s Ministry of Health No. Hk.01.07/Menkes/382/2020.
Budiono, Arief et al, ‘Large-Scale Social Restrictions and Public Community Activity Restriction Legal Policy to Decrease COVID-19 Infections Effectivity to Handling COVID-19 Pandemic’ (2022) 10(A) Open Access Macedonian Journal of Medical Sciences 176–180 Abstract: The coronavirus disease 2019 (COVID-19) pandemic has caused a global impact. It also affected Indonesia. There had been tens of thousands of positive cases and thousands of deaths. Many paramedics also died to heal people from this disease. The Indonesian government determined this condition as a Social Emergency Condition and issued the Governmental Decree No. 21 of 2020 on Large-Scale Social Restrictions (LSSR) in 2020 (and Community Activity Restriction Enforcement [CARE] in 2021 with the Instruction of the Minister of Internal Affairs on Emergency CARE in Java and Bali islands). The Instruction of the Minister of Internal Affairs No. 15 of 2021 regulated the Application of the Emergency CARE due to the COVID-2019. In its implementation, the LSSR are ineffective in preventing the spread of the COVID-19 as there are some anomalies in the field, as this law is not strictly enforced. The spread of the COVID-19 becomes uncontrollable as there are no strict sanctions against violators of the LSSR. Meanwhile, the law-enforcing apparatus tend to ignore violations. This condition is different from the application of the CARE as it was more effective in decreasing the number of Covid-19 cases. This is because its implementation is equipped with supervision and strict sanctions. The strictness and the seriousness in applying the CARE yielded positive results, namely, the significant decrease of COVID-19 sufferers.
Budiyanto, Budiyanto, 'Criminal Law Policy Enforcement Against the Perpetrators of Forcibly Picking up the Covid-19 Infected Patient Corpse on This Pandemic at Hospital' (2021) 9(8) International Journal of Multicultural and Multireligious Understanding 463-470 Abstract: This research aims to cover the strategic forms of criminal law policy enforcement to prevent and overcome the covid-19 corpses who were forced picked up in this pandemic at a hospital and its obstacle. The method used in this research is a normative juridical and empirical juridical approach. This research shows that the strategic form of criminal law policy enforcement prioritize more and apply the persuasive approach with negotiation and not using the criminal law policy against the family of the deceased person who forcibly picked and the society which refused to bury the covid1-19 patient. The obstacle faced are: from law substance which not done well on its application; limitation of the security, helplessness of the health officer on facing the pressure and threat, limitation of officer; limitation of facilities and infrastructure which owned by the hospital, police officer, and covid-19 officer (Satgas), the minimum knowledge of the society about the danger of covid-19, minimum of socialization; and the existence of people's habits which not following the strict health protocol, not using a medical mask, and keep a distance.
Buehler, Michael, 'Indonesia in 2020: Pestilence and Incompetence' (SSRN Scholarly Paper No ID 3794557, 27 January 2021) Abstract: The coronavirus dominated Indonesian politics in 2020. Rather than propelling Indonesia in new directions, however, the pandemic amplified existing political and societal dynamics.
Bustomi, Yazid, 'Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine' (2021) 1(7) _Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang_ Abstract: In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.
Cahyani, Prilian and Didik Endro Purwoleksono, ‘Coronavirus Disease (Covid-19) Vaccination Policy as a Right or Obligation: Health Law Perspective’ (2023) 19(Supp 2) Malaysian Journal of Medicine and Health Sciences 18–24 Abstract: The legal issue in this paper is the uncertainty regarding the recognition of the COVID-19 vaccination policy as a citizen’s right or obligation. Vaccination is a medical procedure that provides a vaccine that stimulates the production of immunity in the body as a preventive measure. The vaccination program is an effort to realize the 3 SDGs. In Indonesia, the rules regarding health rights and obligations are regulated in the Health Law, but it is still not explicitly regulated in terms of vaccination, nor is vaccine approval legally regulated. Furthermore, the Outbreak Management Act provides legal consequences for anyone who refuses to be vaccinated because it is considered to hinder the control of the epidemic. This paper analyses the categories of rights and obligations. The implementation of the COVID-19 vaccine policy as a human right has an inherent obligation to humans. Therefore, in practice the implementation of the COVID-19 vaccine policy as a citizen’s right, in the end cannot be implemented, even though it is based on individual beliefs because there are obligations that require someone to fulfill the rights of others including the right to health and criminal sanctions are imposed if not implemented. This research shows that the Covid-19 vaccination policy in Indonesia is not only a human right but also an obligation. So that criminal sanctions arise for people who do not implement them.
Cahyono, Ma’Ruf, ‘The Role of Constitutional Law in the Era of the Covid-19 Pandemic in Indonesia’ (2022) 19(2) Webology 8900–8911 Abstract: The outbreak of the Covid-19 virus, which is spreading very quickly in various parts of the world, has a bad impact on several different sectors that can harm the country if the country does not take quick and right decisions. This encourages governments of countries in the world to create new regulations so that they are able to ensure the safety of their citizens and also sectors affected by the Covid-19 pandemic can recover. Policy issuance is certainly closely related to constitutional law and laws. Constitutional law is a regulation of the required state institutions and their authorities, internal relations between state institutions, and the relationship between state institutions and citizens. The purpose of this study was to determine the role of constitutional law in handling cases of Covid-19 that hit Indonesia and its implementation. The method used in this study is the literature review method or literature review which searches the literature for research purposes. The results of this study indicate that the role of constitutional law in handling Covid-19 cases in Indonesia can be seen through the making of simple laws and regulations rather than having to change the legal status of the national constitution. The application of constitutional law in handling Covid-19 cases in Indonesia can be observed from existing policies, namely through the issuance of simple laws such as PP, Presidential Decree, and others.
Chandrawaty, Yenny and Pita Permatasari, ‘Legal Protection for Health Workers during Pandemic’ (2022) 5(3) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 26218–26224 Abstract: This study aims to obtain information and analyze the law regarding legal protection for health workers during a pandemic. One of the problems related to the legal protection of health workers is when taking medical action in an emergency. Health workers (Nakes) are the main component of providing health services to the community in order to achieve health development goals in accordance with national goals as mandated by the constitution. As the main component of health service providers, of course the existence, role, and responsibility of health workers are very important in health development activities. The control of the COVID-19 outbreak is highly dependent on vigilance, alertness and readiness of health infrastructure since the management of the central and regional governments in implementing public health efforts so that health facilities and personnel can treat patients. The implementation and utilization of the existence, roles, and responsibilities of these health workers are running well, balanced, orderly, quality-maintained, and protected both for the health workers themselves and for the people who receive these health services invitation. Legal protection must be obtained by all elements of society in Indonesia because it is the ideal of the Indonesian nation, especially the health workers who are members of the task force for the acceleration of handling COVID-19, which was stipulated by Presidential Decree No. 7 of 2020 which was revised by Presidential Decree No. 9 of 2020 placing medical personnel and health workers as the main element in dealing with the Covid-19 virus.
Christiani, Theresia Anita, 'Proposed changes to the Bank Indonesia law as a solution to the impact of the COVID-19 spread on banking in Indonesia' (2021) 2(16) Banks and Bank Systems 127-136 Abstract: Every amendment to the Bank Indonesia Law is caused by a situation that requires changes to the Law regulating the Central Bank in Indonesia as a solution. The spread of COVID-19 in Indonesia has also led to proposals to amend the Bank Indonesia Law. The purpose of the study is to find answers to the relevance of the proposed Amendment to Bank Indonesia Law to address the spread of COVID-19 to banking institutions in Indonesia. This type of research methods is normative legal research. In normative legal analysis, secondary data are used, consisting of primary and secondary legal materials. They are obtained from applicable regulations in Indonesia. The study results show that every change is always based on events that prove the weak implementation of existing rules with a regulatory and conceptual approach. The spread of COVID-19 is a situation, that has no practical basis and requires amendments to the Bank Indonesia Law as an alternative solution. Also, the proposed amendments are not yet relevant to address the impact of COVID-19 on banks because they have not yet realized and achieved the legal goals of providing benefits to the community.
Dama, Nadia Safira, ‘Legal Consequences of Betel Marriage Settlement During the Covid-19 Pandemic’ (2022) 4(2) Estudiante Law Journal 348–359 Abstract: This study aims to determine the legal consequences of betel marriage settlement during the Covid-19 pandemic. The type of research used is sociological juridical and this study uses a descriptive research approach and qualitative data analysis techniques. The results of this study show that the legal consequences of an unrecorded marriage can cause the marriage to be invalid in the eyes of positive Indonesian law, but according to religion and public belief that the marriage is valid as long as it meets the conditions and legal pillars of a marriage itself. As for the settlement, there are two things, namely the application for a marriage and remarriage hearing. However, the bad factor is that if the marriage partner has obtained a child, then in civil law the child does not have a nasab with the father but only has a nasab with a mother and her family.
Daulay, Royyan Mahmuda Al’Arisyi, 'The Effectiveness of Application of Diversi During Covid-19 Pandemic Period in Balai Pemasyarakatan Kelas II Pekalongan' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: Diversi is an effort to resolve cases written in Law Number 11 of 2012 concerning the Juvenile Criminal Court System. Diversi efforts are realized by bringing together children who are faced with the law and victims and other parties related to the goal of recovery. The implementation of diversi has been acknowledged by all law enforcement officials in Indonesia, including the Balai Pemasyarakatan Kelas II Pekalongan. However, since the emergence of the Covid-19 pandemic, the application of diversi in the juvenile criminal system has faced obstacles and challenges. The present study aims to identify the effectiveness of the application of diversi as a legal policy in the Child Criminal Justice System Act during the Covid-19 pandemic. This study uses a descriptive-analytic method with a qualitative-normative approach. Our data come from statutory regulations, legal theories, and interviews with informants from Bapas Kelas II Pekalongan. The results indicate that the application of diversi during the Covid-19 pandemic in Bapas Pekalongan environment has been running well despite several challenges and obstacles, such as constrained coordination between law enforcement officials due to social restrictions, constrained supervision when implementing the results of the diversi agreement and restricted access to social institutions as an effort to prevent the spread of the Covid-19 outbreak. Meanwhile, the recommendations offered include strengthening information technology as a solution to the coordination of law enforcement officials and maximizing the function of the village government as a partner to oversee the results of the diversi agreement.
David, David, 'Criminal Responsibility Towards Public Transportation Companies if Traffic Accidents Based on Law Number 22 Of 2009 Concerning Traffic and Road Transport' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: The number of accidents caused by public transportation and no concrete responsibility for the entrepreneur / owner of public transportation, the absence of strict sanctions against the owner or entrepreneur of public transportation in the event of a traffic accident, and there is no legal protection for passengers or family of passengers who are victims of accidents traffic on public transport. In the event that a traffic crime is committed by a Public Transportation Company, in addition to the punishment imposed on the management as referred to in paragraph (1), a maximum fine of 3 (three) times the fines specified in each article in this Chapter shall also be imposed. In addition to fines, public transportation companies can be subject to additional penalties in the form of temporary suspension or revocation of the transportation operation permit for the vehicles used. However, the police cannot immediately revoke the license to operate public transport whose fleets have experienced traffic accidents. In this study, the author uses a type of empirical research, namely research conducted through field studies that examines (especially) primary data which is also complemented by materials in the form of legislation and research results, assessment results and other references. Sanctions against public transportation companies in the event of a traffic accident based on Law Number 22 of 2009 concerning Road Traffic and Transportation
Debora, Debora, 'Legal Protection On Consumers Of Fintech Peer To Peer Lending Due To Covid-19 Pandemic' (2021) 1(5) Nagari Law Review 69-75 Abstract: In March 2020, the WHO stated Covid-19 is pandemic disease. The Indonesian government has taken actions to prevent the spreading of Covid-19 by limiting people’s activities. Covid 19 has resulted in people who loans at lending institutions, having difficulty paying installments. The government issues policies in response to the Covid-19 effect, such as economic relaxation. However, the policy did not cover consumers Fintech Peer to Peer (P2P) Lending, this created a legal vacumm. The problem in this research is the urgency of legal protection for Fintech P2P lending consumers during pandemic Covid-19. The purpose of this research is for OJK policy to issue a stimulus to Fintech P2P Lending consumers. This research applied juridicial normative methodology. It uses secondary data, which consists primary legal material, namely the OJK regulations on Covid-19 prevention and related literature, analyzed descriptively analytically. The research shows that consumer fintech P2P lending are affected by Covid-19 pandemic, so they need to get legal protection, in the form of stimulus given to lenders and borrower of fintech P2P lending.
Derek, Miller et al, 'Overview of legal measures for managing workplace COVID-19 infection risk in several Asia-Pacific countries' (2021) Safety and Health at Work (advance article, published 26 August 2021) Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Desriva, Desriva, Zainul Daulay and Muhammad Hasbi, ‘Online Legal Counseling about Authentic Deeds by Notaries (Practices and Challenges in the Pandemic ERA)’ (2022) 9(7) International Journal of Multicultural and Multireligious Understanding 276–280 Abstract: A Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in the Notary position law or based on other laws. One of the other powers granted directly by the law on the position of a Notary is the authority in terms of providing legal counseling in connection with the making of the deed, this is explicitly stated in Article 15 paragraph (2) letter e UUJN-P. The arrangement of legal counseling by a Notary is not regulated in detail. This can be seen from whether the legal counseling must be done in writing to provide certainty or whether the legal counseling is given orally to be more efficient and whether legal counseling carried out by a Notary must be done directly or can be done indirectly (online). The purpose of this study was to analyze online legal counseling conducted by a Notary based on Article 15 paragraph (2) letter e of the UUJN-P, to examine the practice of online legal counseling in connection with the making of an authentic deed by a Notary, as well as to analyze the obstacles faced by a Notary. Notaries related to online legal counseling. This research method is empirical juridical. The results of the research obtained are online legal counseling can be carried out by a Notary based on Article 15 paragraph (2) letter e UUJN. Because Article 15 paragraph (2) letter e UUJN does not limit the form of legal counseling conducted by a Notary, whether directly or indirectly. Some of the media used by Notaries in providing legal counseling online are Facebook, Instagram, websites, blogs, email, WhatsApp, and YouTube. The obstacles experienced by Notaries in providing legal counseling online are that the UUJN/UUJN-P itself still stipulates that facing still has to be done physically, has the potential to violate the area of office, can spread personal date of the parties, potentially violate the principle of secrecy of office.
Dinar, I. Gusti Agung Ayu Gita Pritayanti and I. Nyoman Putu Budiartha, 'A Comprehensive Force Majeure Model Clause in Corporate Transactions in Indonesia' (2020) 2(3) Sociological Jurisprudence Journal 138-144 Abstract: Force majeure clause is presented in various models, from the simple to the complex ones that contain comprehensive descriptions, provisions, and notifications set out in an agreement with the details of the consequences of force majeure events. Force majeure clause serves as a complementary core clause and a renegotiating tool for the parties in the case of any event occurring beyond their reasonable control, which is important enough not to be overlooked by business actors. The Covid-19 pandemic which is currently ongoing worldwide, which has been declared as a global pandemic by World Health Organization (WHO) on 11 March 2020, has had a huge impact on the social life and the world economy which is very unsettling for business people, banks, and the society in general. The research questions investigated in this study are: (i) What are the factors causing failures in the performance of contractual obligations? (ii) What is a comprehensive force majeure model clause for corporate transactions in Indonesia? This study employs the normative legal research method. A normative legal research is guided by the characteristics of the object of the research, yet remains limited by the expected outcome of the norms initially established. The theories applied in investigating the problems in this research are the will theory (wilstheorie), trust theory (vertrouwensttheorie), and statement theory (verklaringstheori). In this study, will be identified a comprehensive force majeure clause enables the party who experiences a force majeure event to waive some provisions in the contract agreement.
Djatmiati, Tatiek Sri et al, 'Analysis of law enforcement against coal mining businesses in Indonesia in the condition of the COVID-19 pandemic' (2022) 1(19) PalArch's Journal of Archaeology of Egypt / Egyptology 211-222 Abstract: Mining is a natural resource with great potential in Indonesia, which in addition to having economic value is also closely related to environmental ecosystems and people's lives. In terms of economic value, mining supports the entry of funds into the APBN and APBD which are used to finance state expenditures and local government funding, especially during the Covid-19 Pandemic, which requires very large financing. In terms of ecosystems, because mining is an element in the ecosystem to support the environment. In relation to people's lives, mining maintains stability and safety from environmental damage and improves welfare. With such an important role, of course, in carrying out a mining business, it must be carried out carefully, as determined by the law. The general public or entrepreneurs are allowed to carry out mining businesses with license from authorized officials and pay attention to good mining principles (good mining principles), to avoid illegal mining businesses. Based on Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 concerning Mineral and Coal Mining, Article 35 paragraph (3) regulates business license which include IUP (permanent business license), IUPK (special mining business license), IUPK as a continuation of Contract/Agreement Operations, IPR (people mining license), SIPB, Assignment license, Transportation and Sales license, IUJP, and IUP for Sales. In the provisions of Article 35 Paragraph (1) of Law no. 3 of 2020 states that: the authority to grant license in the mining sector is granted based on business license from the Central Government. Furthermore, the Central Government may delegate the authority to grant Business Licensing to the Provincial Government in accordance with the laws and regulations. In today's reality, there are many violations in various license in Indonesia, both regarding illegal businesses, the validity of the license owned and in relation to legal rules concerning the validity of these license. Besides that, there are still many overlap license cases. Under these conditions, law enforcement is very much needed to overcome the juridical problems caused by the illegal mining business. The government as the official or agency authorized to issue decisions on mining permit/license must be responsible for the granting of these mining license and their law enforcement in the event of a violation.
Djatmiko, Agoes and Elisabeth Pudyastiwi, ‘Legal Protection for Workers That Have Been Terminated During the Covid-19 Pandemic’ (2022) 8(2) Jurnal Komunikasi Hukum (JKH) 744–750 Abstract: This study aims to determine legal protection for workers who experience layoffs during the covid-19 pandemic. In this study, the type of research used is normative legal research using legal material collection techniques in the form of document studies or literature studies. The approach used in this research is a statutory approach and the sources of legal materials used are primary legal materials, secondary materials, and tertiary legal materials. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Due to the emergence of PSBB regulations from the government, of course, the space for work is getting narrower and layoffs are increasingly happening, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations.
Effendi, Nurlis and Evita Israhadi, 'Analysis of Public Information Disclosure on the Budget for the Management of Covid-19 Related to the Press and Information Disclosure Law' (Conference Paper, Proceedings of the International Conference on Law, Social Science, Economics, and Education, (ICLSSEE 2021), 6 March 2021) Abstract: Covid-19 is a non-natural disaster that not only charges Indonesia but also many countries in the world. One of the real impacts of this disaster is on the economic sector. Various communities feel the impact of this pandemic. For this reason, the government issues a budget to tackle COVID-19. Escort from the public can be done with the openness of information and the press following the Press Law and information disclosure. For this reason, this study will examine the extent to which public information disclosure carried out by the government is based on the applicable laws and regulations. The research method used is literature review analysis with primary data sourced from various articles and laws and regulations regarding the allocation of funds to tackle COVID-19 in Indonesia. Based on this research, it was found that the government still has not optimally disclosed information to the public regarding the allocation of funds to counter COVID-19.
Enggarsasi, Umi and Nur Khalimatus Sa’diyah, ‘Examining the Impact of Assimilation on Prisoners During the Covid-19 Pandemic: Balancing Public Health and Public Safety in Legal Measures’ (2023) 11(8) Journal of Law and Sustainable Development e1445–e1445 Abstract: The aim of this study is to examine the impact of providing assimilation to prisoners during the Covid-19 pandemic. Social Integration Theory is used as theoretical perspective in this study which suggests that social integration and belonging are essential for individuals’ well-being. The research might examine how the pandemic and legal measures have affected prisoners’ sense of social integration, including their connection to society, family, and community.
Erowati, Eti Mul and Ikama Dewi, 'Discontinuation of Work Relationship In The Pandemic Time Covid-19 In Indonesian National Law' (2021) 1(20) Media Komunikasi FPIPS 26-32 Abstract: The corona virus pandemic has shaken not only Wuhan, but also the world. This virus has spread widely to almost all countries in a short time. Meanwhile, in Indonesia the corona virus began to be detected when two Indonesian citizens (WNI) tested positive for the corona virus on March 1, 2020. The two Indonesians had previously had contact with a foreign national (WNA) from Japan who lived in Malaysia at an event. in Jakara. Based on data up to April 20, 2020, the number of victims due to the corona virus was 6,760 cases. A total of 590 of them died and 747 people were declared cured. Termination of Employment (PHK) is something that is very feared by employees. This is due to the chaotic economic conditions which have an impact on many companies that have to go out of business, and of course have an impact on the unilateral termination of employment by employers. To protect workers' rights due to layoffs, the Government as one of the elements in carrying out industrial relations has provided legal protection guarantees for workers whose employment has been terminated by employers as regulated in Chapter XII, precisely in Article 150-172 of Law Number 13 of 2003 concerning Manpower.
Fanida, Eva Hany and Meirinawati Meirinawati, ‘Strategic Management of The Faculty of Social Sciences and Law, State University of Surabaya, in Improving The Quality of Education during The Covid-19 Pandemic’ (2022) 6(2) JPSI (Journal of Public Sector Innovations) 75–83 Abstract: This study aims to describe the efforts of the Faculty of Social Sciences and Law (FISH) of the State University of Surabaya (Unesa) in improving the quality of education during the Covid-19 pandemic within the framework of strategic management theory. This research was motivated by the fact that during the pandemic, lectures at universities switched to online and required students and lecturers to make quick adaptations that have the potential to impact the quality of education. This study uses a qualitative descriptive method. The focus of the research covers the strategic management process, which includes the phases of environmental observation, strategy formulation, strategy implementation, and evaluation. The research subjects were determined purposively by involving the heads of faculties, departments, and study programs within the FISH Unesa environment. The data analysis technique flow through data collection, data display, data reduction, and concluding. The results showed that the SWOT method was used in the environmental observation phase, specifically identifying the strengths and weaknesses of the institution’s internal environment and identifying opportunities and threats to the institution’s external factors. At the strategy formulation stage, a lecture strategy was set with the name Limited and Gradual Face-to-Face Lectures (PTMTB). This stage is carried out by preparing the room and health protocols. The implementation of this strategy was carried out starting with a survey via Google Form to students. Not all study programs hold PTMTB depending on the number of students who fill out the Google Form. The faculty carry out the evaluation stage with the Covid-19 Task Force. Based on the findings, several points can be suggested. The institution should make training plans for educational staff to increase competence, increase awareness of education staff to prioritize providing services for the community and increase lecturers number so that the ideal ratio between lecturers and students is met.
Febriharini, Mahmuda Pancawisma and Benny Bambang Irawan, ‘The Role of the Government in Providing Legal Protection to Workers That was Laid Off Due to the COVID-19 Pandemic’ (2022) 6(1) UNTAG Law Review 39–51 Abstract: This study aims to determine the role of the government in providing legal protection to workers who have been laid off due to the COVID-19 pandemic. The impact of Covid 19 has shaken the Indonesian economy and of course the biggest impact is felt in industrial relations, both macro and micro. Many companies are threatened with the continuity of their production, which has an impact on the survival of our workers. Many have been laid off with wages not paid in full. To support the welfare and continuity of work for workers as well as to support workers who have been laid off due to Covid-19, the Government has issued various incentives for employers and workers, namely in the form of cash assistance in the form of Wage Subsidy Assistance (BSU) and issuing pre-employment cards that aims to provide training, namely to provide skills that can be used for industrial and entrepreneurship needs.
Fikry, Ahmad Habib Al, Muhammad Riyan Afandi and Dian Latifiani, 'National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic' (2021) 2(5) Lex Scientia Law Review 41-64 Abstract: The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.
Firdaus, Muhammad Ihsan, ‘The Legal Effectiveness Limitation on Freedom of Movement in According to Overcoming the Spread of Covid-19 Pandemic in Indonesia’ (2022) 5(11) International Journal of Social Science And Human Research 5002–5008 Abstract: The Covid-19 pandemic has been spread throughout the world, which has caused the governments of each country to implement a restriction on human rights, which is freedom of movement. This is a step and a response from the government to overcome the spread of Covid-19, as well as the Indonesian government. As a state of law (rechtstaat), of course the Indonesian government has its own specialty to respond and to enforce a regulation to deal with di Covid-19 pandemic, in accordance with the provisions of the emergency constitutional law and the limitation on human rights. The limitation on freedom of movement throughout the implementation of limitation on human rights that have been implemented by the Indonesian government, if it traced, they are PSBB, Transitional PSBB, Emergency PPKM and 4-Level PPKM. These are all of the responses and steps that have been taken by the government to cope and to overcome the Covid-19 pandemic. However, of course, the implementation is not always in accordance with what is expected, so it is worth questioning the legal effectiveness, whether it is in accordance with the sense of justice as the law is implemented, or not in accordance and far-reached from the sense of justice as one of the objectives of the law.
Firdaus, Sunny Ummul, ‘The Urgency of Legal Protection for Medical Workers in Combating COVID-19 in Indonesia’ (2022) International Journal of Human Rights in Healthcare (advance article, published online 10 February 2022) Abstract: This paper explores the reasons why Indonesia must have legal regulations to provide protection and guarantees for health workers in carrying out the profession in overcoming corona virus disease (COVID-19). This paper also explains the legal regulations as the foundation for today’s medical workers’ protection. This paper also aims at providing an ideal legal construction that safeguards the rights and obligations of health workers in overcoming COVID-19.
Firmansyah, Yohanes and St Laksanto Utomo, 'A Hospital's Legal Responsibility For Patient Rights During The Covid-19 Pandemic - A Review From The Health Sector's Law Regulations' (2021) 8(2) Jurnal Indonesia Sosial Sains 1392-1406 Abstract: The hospital's legal responsibility to fulfill the patient's rights cannot be separated from the hospital's obligations to the patient, according to the law. In practice, the growing number of COVID-19 cases in Indonesia has resulted in hospitals being unable to accommodate patients in need of treatment, particularly those with severe and critical conditions who require intensive care units. With bed occupancy rates (BOR) exceeding 85 percent in almost all hospitals, the community must understand that hospitals must prioritize care for patients with moderate, severe, or life-threatening conditions. In any case, the COVID-19 pandemic had an effect on the quality of hospital care provided to patients. The study used normative juridical research methods and empirical evidence to examine hospitals' legal responsibility for upholding patient rights during the COVID-19 pandemic. The study's findings indicate that, despite limitations in providing excellent health care to patients, hospitals must uphold patient rights to safety and security during hospitalization. As a result, it is necessary to establish a legal framework that protects the rights of health care workers and hospitals providing services to patients during this pandemic, particularly the protection of work standards, occupational health and safety standards, and labor social security standards. In terms of facilities and infrastructure, the government must assist by increasing the number of emergency hospitals to accommodate the anticipated increase in COVID-19 patients.
Fransisco, Wawan, 'Law Enforcement as Indonesian Relief Commandment in the Transition from the Covid-19 Crisis' (2021) 9(4) International Journal of Social Science and Human Research 2316-2321 Abstract: This study aims to find out and analyze law enforcement against health protocol violations during the covid-19 pandemic in Indonesia and to find out and analyze the application of sanctions for health protocol violations committed by the community during the covid-19 pandemic in Indonesia. This research was conducted by using a normative juridical research using a statutory approach, a concept analysis approach that is descriptive qualitative analysis. The results of this study indicate that law enforcement against violations of health protocols during the covid-19 pandemic in Indonesia is carried out based on statutory regulations, by conducting Community Activity Restrictions (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations during the COVID-19 pandemic in Indonesia through socialization in preventing the spread of the COVID-19 virus and Large-Scale Social Restrictions (PSBB) by imposing sanctions on violators. However, law enforcement against health protocol violations has not been implemented properly. This is because there are still violations of health protocols carried out by the community.
Ghazali, Robi Musthofa Al, ‘Boarding House Rent Refunds During Covid 19 Based on Sharia Economic Law’ (2022) 1(1) Nusantara Economy 38–47 Abstract: This research discusses the issue of returning boarding fees for tenants who do not stay at their boarding houses during the Covid 19 pandemic. Apart from that, this research also discusses the review of Islamic Economic Law. This research is field research. Respondents to this study were village heads, boarding house owners and tenants. The collection techniques used were observation, documentation, and interviews. The findings of this study are that the boarding house owner provides compensation for the cost of renting a boarding house during the Covid-19 pandemic. According to Sharia Economic Law, the return of this rental fee is appropriate and fulfils several conditions and pillars of the rental contract. However, tenants were disappointed during the Covid 19 pandemic because the rent payments were the same as before the pandemic; the tenants’ obligations continued to be carried out to pay the rent in full. The benefit rights obtained are not proportional to the payment in full. So, the practice of returning boarding house rent during a pandemic, according to Islamic economic law, is permissible as long as both parties are willing and do not harm both parties.
Ginting, Grenaldo, ‘Analysis and Assessment of Legal Protection of The Community and Online Loan Debtors During the Covid 19 Pandemic’ (2023) 1(4) International Journal of Engineering Business and Social Science 277–282 Abstract: Online loans during the Covid 19 pandemic have caused serious problems because of the many threats, extortion and even leakage of personal data by illegal online loan companies. However, that doesn’t mean that legal online loans don’t have their own problems. The author then conducts research to understand the causes of this phenomenon from the point of view of normative juridical analysis. The results of the study show that the legal system in Indonesia does not provide adequate legal protection so that people are not encouraged or forced to apply for online loans. In addition, the legal protection system from the government to the community and online loan debtors has not been properly systemized.
Gombo, Putu Daniel, 'Minol (Alcoholic Beverage) Bill in the time of the COVID-19 pandemic in perspective law and HAM' (2021) 1(3) Ganesha Law Review 68-78 Abstract: This study aims to analyze the Covid-19 pandemic Minol (Alcoholic Drinks) Prohibition Bill from a legal and human rights perspective and review the draft Law on the Prohibition of Minol (Alcoholic Drinks). This research is a research that uses normative legal research methods using the invitation approach (statue approach). This normative study was conducted by collecting primary, secondary and tresier legal materials. The material collected is then arranged systematically and analyzed using descriptive qualitative methods. The results of this study indicate that the existence of the Bill or Bill on the Prohibition of Minol (Alcoholic Drinks) is one of the things that threatens legal human rights (the right to legal equality) for alcoholic drink lovers and some residents who do not have a source of water that makes drinks. alcoholic as a water appearance. The Bill or Draft Bill on the Prohibition of Minol (Alcoholic Drinks), which is being drafted in the discussion at the House of Representatives, has triggered a trigger for crime in Indonesia.
Guardiola, Jose and Rica Donna, 'The Patient Data Protection from the Using of Big Data During the COVID-19 Pandemic in Indonesia' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: Big Data is a technology that accommodates large and complex databases to be analyzed by a computing system to construct a more concise information. Indonesia is not the only country that utilizes big data to compile databases from public, for instance, during COVID-19 Pandemic Indonesia has adopted and implemented an application named Peduli Lindungi as one of the effort of The Ministry of Communication and Information Technology of Indonesia together with The Ministry of State Owned Enterprises in assisting The Ministry of Health overcoming the COVID-19 pandemic in Indonesia. However, it will create a significant problem if there is patient’s information/ datum leakage to the public. This is crucial for COVID-19 patients, as they may experience great injury both materially and immaterially. The publication of their data and identities through social media and news that had happened at the beginning of COVID-19’s entry to Indonesia, was an important affair for the Government to handle and prevent. Therefore, realizing that there is an urgency to tighten security towards personal information, it is decisive to have a legal protection as human rights provided by the government. This paper used A normative juridical approach in this legal writing. The analytical approach adopted is descriptive analytical based on International treaties and National Personal Data Security Regulations. The result of the study can be inferred that Big data is the answer key, a perfect technology, to assist the elimination of this catastrophe that is happening all over the world, as it is used for the advancement of data management in the world during COVID-19 Pandemic so that fair inspections and states needs can be fulfilled. There is, however, a risk for data leakage that causes public damages, and yet, Indonesia still does not have regulations specifying personal data. This makes the information processing through big data a matter of concern as the security is not guaranteed. Therefore, the government needs to be prompt and responsive in harmonizing the existing laws and regulations to ensure the right to personal data privacy guaranteed by the government, especially during the COVID-19 Pandemic.
Gultom, Pardomuan and Rumainur, ‘Contract Renegotiation Due to the Covid-19 Pandemic from the Hardship Perspective’ (2022) 15(1) Indonesian Law Journal 79–99 Abstract: The Covid-19 pandemic is something that cannot be predicted beforehand when the agreement is in progress and the fact that the existence of the COVID-19 pandemic affects the implementation and fulfillment of obligations in the agreement. Force majeure and hardship are based on different ratios. The hardship clause is needed, for the reasons: it can be used as a basis for overcoming in case of problems or failure to contract (frustration), especially long-term contracts with a very high value. Specification this research is included in the category of legal research which is a descriptive specification analytical, which is a study that seeks to describe legal problems, the legal system, and review it or analyze it according to the needs of the research. The purpose of this study is to find the position of the possibility of using the principle of hardship in the contract law system in Indonesia.
Habibi, Muhammad, ‘The Pandemic and the Decline of Indonesian Democracy: The Snare of Patronage and Clientelism of Local Democracy’ (2021) 5(2) Asian Political Science Review 9–21 Abstract: The quality of Indonesia’s democracy has decreased, and several findings of democratic institutions indicate a significant reduction that touches aspects of civil liberties and pluralism and the function of government. It is essential to research how far theocratization has taken place in Indonesia during the COVID-19 Pandemic. The method used in this research is qualitative with a meta-theory approach. The results of this study show, first, that democratic sectors, especially in the context of general elections, are still at high risk of corruption. Over the past year, Indonesia has been political corruption that is the mother of all forms of corruption in the state structure that can affect the implementation process and the quality of democracy. Second, requests for political dowries by political parties and corruption by regional heads for campaigning purposes. They resulted in interactions between elites that form patronage and clientelism composed of patrons held by the economic elite with resources. The two factors above are important reasons for estimating the declining quality of Indonesian democracy.
Hadiningtyas, Retno, 'The legal protection for transport passengers during the COVID-19 pandemic' (2021) 2(8) Jurnal Pembaharuan Hukum 232-244 Abstract: Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.
Hafrida, Hafrida, Helmi Helmi and Retno Kusniati, 'Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures' (2021) 1(15) Fiat Justisia: Jurnal Ilmu Hukum 51-74 Abstract: This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.
Hakim, Lukmanul, Muhammad Qias Faslur Rahman and Shifa Sabilla Aprilia, ‘Review of Sharia Economic Law on Rahn’s Practices at the Surakarta Sharia Pawnshop during the Covid-19 Pandemic’ (Proceedings of the 2nd International Conference on Islamic Economics, Islamic Finance & Islamic Law (ICIEIFIL), 2022) 32–38 Abstract: The huge impact of COVID-19 on the economy has made it difficult for people to meet their funding needs. The government established a pawnshop institution which is currently growing rapidly. Sharia pawnshops are currently the choice of the Muslim community because in practice there is no usury. The practice of pawning is familiar with the Rahn contract. Pawning activities have existed since the time of the Prophet sallallaahu ’alaihi wa sallam and he has been practicing. The process of pawning is allowed in Islam as long as it is in accordance with Islamic law, there is no interest / usury in the pawn transaction. Pawning / rahn has been regulated in the DSN-MUI fatwa Number 25/DSN-MUI/III/2022. The process of borrowing through pawnshops is much shorter and the terms are relatively simple, causing pawning activities to develop rapidly until now. The purpose of this study is to describe the process of rahn practice at sharia pawnshops during the COVID-19 pandemic and to describe the views of sharia economics regarding the practice of rahn contracts during the COVID-19 pandemic. The method used in this study is a qualitative method sourced from primary data, namely the Sharia Pawnshop which is located at Jl. Captain Mulyadi No.242, Ps. Kliwon, Kec. Ps. Kliwon, Surakarta City. Methods of data collection in this study in the form of interviews and observation methods. The practice of rahn contracts at the Sharia Pawnshop in Surakarta is in accordance with sharia economic law. In Sharia Pawnshops, they use savings services per 10 days, this is different from conventional Pegadaians which use interest per 15 days. During the Covid-19 pandemic, the Sharia Pawnshop in Surakarta provided relief / leeway in payment, the period of pawning / rahn in sharia economic law was 4 months, and reduced to 5 months.
Halkis, Mhd, David Yacobus and Suhirwan Suhirwan, ‘The COVID-19 Pandemic Emergency for the Doctrine of Asymmetric Warfare’ (2022) 6(S6) International Journal of Health Sciences 7677–7695 Abstract: Several countries that have involved the military in handling Corona Virus Disease 2019 (COVID-19) have been relatively successful. The authors researched the doctrine of asymmetric warfare during the COVID-19 pandemic emergency. The Indonesian government assigns the Indonesian National Army (TNI) during an emergency. Help to support the smooth circulation of fulfilling the population’s basic needs, cross-regional population transportation, crime is not widespread, offices continue to run with restrictions on the number of people working, and the economy recovers quickly. This research framework uses moral philosophy. Deontological views and utilitarianism become the main assessment instruments to build the doctrine of asymmetric warfare. This research uses a case study approach. The study results show that the Indonesian people see the emergency condition of the COVID-19 pandemic as an asymmetrical warfare. The government is aware of the implications of the COVID-19 pandemic occurring at various government levels in terms of spread, duration, and number. All resources are used to deal with COVID-19, including the military, because civil society does not have many facilities and capabilities of TNI personnel.
Hamid, Adnan, 'The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia: Labor Law Perspective' (2021) 3(3) International Journal of Business Ecosystem & Strategy (2687-2293) 26-37 Abstract: This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.
Hamzah, Hamzah, 'Civil Law Agreement and Its Implication on Regulation for Prevention of Corruption within Covid-19 Pandemic' (2020) () Journal of Social Studies Education Research (pre-published article) Abstract: The purpose of this study is to determine the social impact of the learning process of agreements and regulations in the Civil Law regarding the procurement of goods and services during the Covid-19 pandemic, its implications for preventing corruption in Indonesia. The research method used is normative using a theory-in-use approach. The results of the study found three crucial points. First, the law of goods and services agreements gives freedom to people who do not have restrictions in the code for that. The contract for the procurement of products and services during the Covid-19 pandemic was categorized as a relatively temporary force majeure so that it could renegotiate to rearrange the implementation schedule. Second, good faith is the key to success in resolving frustrating agreement problems to save the agreement to provide benefits and benefits to both parties. Third, in the end , civil law provides an essential lesson that in transactions based on good faith where there are values of decency , honesty , and fair wisdom is the prevention of con-uption in the procurement of goods. Good faith is the key to success in resolving frustrating agreement problems to save the agreement to provide benefits and benefits to both parties. And service in difficult times like today.
Hamzani, Achmad Irwan, Achmad Soeharto and Havis Aravik, ‘The Relevance of Mashlahat Theory for the Development of Contemporary Islamic Law: Study of Prevention COVID-19 in Indonesia’ (2024) 10(2) Hikmatuna : Journal for Integrative Islamic Studies 197–206 Abstract: Mashlahat theory has historically been widely used in developing Islamic law. The public interest is a fundamental issue that must be considered when exploring Islamic law. The main objective of the development of Islamic law is to realize the mashlahat. This study examines the relevance of the mashlahat theory in the development of Islamic law. This research is a type of library research and uses a philosophical approach. Data were analyzed through content analysis. The results of this study indicate that the purpose of Islamic law is to realize and maintain the mashlahat. A mulism will get mashlahat if he can keep the five main aspects in the dharury group: religion, soul, intellect, lineage and honor, and property. On the other hand, we will get mafsadat if we cannot maintain it. The theory of mashlahat is very much needed to form Islamic law and respond to the times. Consideration of mashlahat is limited to issues other than ritual worship. Mashlahat theory has been applied since the beginning of the growth and development of Islam during the Khulafa al-Rasyidun period. Until now, many products of Islamic law have been produced by adhering to the principle of mashlahat. With the theory of mashlahat, Islamic law will not stagnate. All new problems can be solved from the perspective of Islamic law. With the consideration that mashlahat, too, can be realized, including in the context of the MUI fatwa in preventing the spread of Covid-19.
Hanifah, Ida, Anwar Soleh Purba and Khairuddin Alwi Fajar P, ‘Legal Protection Against Pays of Workers Returned During the COVID-19 Pandemic Period in Indonesia’ (2023) 17(6) Revista de Gestão Social e Ambiental Article e03298 Abstract: This study aims to explain the role of the legal protection article on the wages of workers who work at home during the Covid-19 Pandemic. Because the virus spread has made the Indonesian Government issue regulations to better stay at home, many businesses have closed, and many workers have had to stop. This research is reinforced by the theory related to employment as written in Law No. 13 of 2003, which explains that the workforce is everyone who can work to produce goods or services to meet their own needs and for society in generalThe data collection method used is a qualitative review of labour laws and seeking legal sources for protecting labour rights. His research technique involves conducting interviews and analyzing related literature on post-Covid-19 labour laws. The study shows that the legal wage arrangement for repatriated workers is lexed specialize derogate lex generalis. So it was concluded that if there is a Covid-19 case in a worker, the worker must self-isolate and be paid in full. If conditions normalize and production stabilizes, workers will have to be rehired. Existing laws have provided guarantees to workers, so they are considered applicable, and subsequently, it is necessary to continue the analysis through Article 86 paragraph (1), the letter of law Number 13 of 2013 concerning Manpower, where every worker/ Workers have the right to obtain protection for occupational safety and health.
Harjono, Dhaniswara K et al, ‘Legal Protection for Vaccine Recipient Consumers: Perceptions of Health and Non-Health Workers After the Covid-19 Vaccination’ (2023) 11(6s) Russian Law Journal 1419–1430 Abstract: The goal of Covid-19 vaccination is to decrease the spread of the virus, lower the severity and death rate caused by Covid-19, attain collective immunity within the community, and safeguard individuals from Covid-19 so that they can continue to be socially and economically productive. The research method employed is normative juridical research in conjunction with empirical research in the form of quantitative research using a survey design. Covid-19 vaccine access accelerates pandemic response. Regarding disarmament implementation, several things have happened in the field, including a) the procedure for implementing disarmament has not fully followed the health protocol, b) the procedure for withdrawing vaccination has not been carried out properly, c) there has not been a thorough socialization of vaccines to recipients. Thus research on Importance of legal protection for Indonesian vaccine recipients because of the legal protection of consumer rights.
Harlinah, Sitti and Andi Sri Rezky Wulandari, ‘Development and Urgency of Administrative Law Tools After the Enactment of Law No. 2 April 2020 During the COVID-19 Pandemic’ (2024) 2(2) Rechtsnormen Journal of Law 145–155 Abstract: The purpose is to determine the position of administrative legal instruments in the formation of public policy, as well as analyze developments and the urgency of administrative law as an alternative to government policy during the Covid-19 pandemic. Conclusion is the instruments of administrative law in the formation of public policy develop dynamically over time along with the needs of the state and citizens.
Harniati, Sri Harniati Sri and Nasri Hamang Nasri Hamang, 'The Impact of Covid-19 on the Resilience of Families of Parepare Nusantara Port Transport Workers: Islamic Marriage Law' (2021) 1(2) Al-Iftah: Journal of Islamic studies and society 81-94 Abstract: This study discusses the impact of Covid-19 on the resilience of the families of port workers at Nusantara Parepare in the perspective of Islamic marriage law.With the problem of how the impact Covid-19 on the resilience of the families of Nusantara port transport workers in Parepare City. This type of study is a field study, namely a study that collects data directly from labor community informants. This study was conducted using a phenomenological approach. The results of this study indicate that 1) The impact of the Covid-19 pandemic has caused the economy of the port worker community to be increasingly difficult and deprived. At the time of the closure of the Nusantara port, many of the port workers family conditions were not harmonious because their income was greatly reduced and decreased drastically;2) Condition family resilience due to the Covid-19 pandemic has greatly impacted port workers because the familys economy is increasingly depressed, making it very vulnerable to conflict in the family, and 3) The resilience and harmony of a family since the Covid-19 pandemic has led to disputes and conflicts due to the non-fulfillment of the necessities of life. And the families of port transport workers during the Covid-19 pandemic have become problematic families.
Harris, Rahadyan Fajar and Natalia Carolina Simanjuntak, ‘Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies’ (2022) 8(1) Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 39–64 Abstract: The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people’s rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government’s social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people’s rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government’s compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.
Harry, Putra El and Faisal Santiago, 'Legal Protection for Health Workers during the Covid-19 Pandemic' (Conference Paper, Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia, 05 January 2021) Abstract: This presentation discusses health workers' legal protection in carrying out their obligations to provide services to patients infected with the coronavirus. This, of course, gives inner peace to medical personnel on duty. This paper uses a normative legal approach, which sees the Law as a phenomenon related to legal protection for medical personnel applied during the Covid-19 pandemic. The Honorary Council of Indonesian Medical Discipline seeks to provide legal protection for health workers, not only for doctors but for other health workers. This research concludes that health workers who have performed their duties following professional standards and standard operating procedures are entitled to legal protection.
Hartini, Rahayu and Yusufa Ibnu Sina Setiawan, 'The Role of Legal Sociology in Terms of Covid-19: Large-Scale Social Restrictions (PSBB) in Indonesia' (2021) 1(15) Indian Journal of Forensic Medicine & Toxicology 1425-1431 Abstract: The study of legal sociology is a study that has legal phenomena, but uses social science and sociology theory. The role of Legal sociology is so tight when juxtaposed with a problem that is emerging, namely the global pandemic Coronavirus Disease (Covid)-19. The juridical normative research with a method of approach to the law, conceptual and comparative. Legal materials that have been collected are analyzed by content analysis. Some affected countries that successfully handled the COVID-19 pandemic, including: South Korea, New Zealand, Singapore. Italy and United States containment strategy for handling Covid-19 are contradictory from those countries above. PSBB has been applied in Indonesia and other countries. The PSBB must be accompanied by other programs so that the government can successfully handle COVID-19.. PSBB does not guarantee that the community will obey the regulation. The most effective action with all the consequences is regional quarantine or lockdown accompanied by other supporting programs from the government.
Hartini, Tri, ‘Legal Policy of Protection COVID-19 Patients in Hospitals’ (2022) 2(1) Journal of Human Rights, Culture and Legal System 45–57 Abstract: The government has issued a number of measures in response to Covid-19, but these policies do not ensure patient rights as defined by the constitution. This is a juridical-normative study with a focus on legislation. The results indicated that legal protection for Covid-19 patients at home was accomplished in three ways: first, through civil legal remedies based on civil provisions; second, through criminal legal remedies based on medical practice; and third, through legal administration efforts that can be reported to the Council. Indonesian Medicine and the Honorary Council of Indonesian Medical Disciplines The rules and regulations controlling the protection of the law have an effect on the legal protection of patients; they compel health workers delivering health services to respect applicable laws and regulations.
Hasan, Hamzah, 'Pros and Cons of Online Criminal Case Settlement During the Covid-19 Pandemic: Study on Islamic Criminal Law' (2021) 1(1) Jurnal Al Tasyri'yyah 15-26 Abstract: The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility.
Hasea, Herlambang, 'Legal Protection Against Social Security for Volunteers in the Currency of Costs in the Time of Covid-19 In Indonesia' (2021) 4(8) International Journal of Multicultural and Multireligious Understanding 214-217 Abstract: When talking further about Funeral Officers in the Covid-19 era, many victims have died around the world, even in Indonesia, they have been buried by funeral officers either voluntarily or from the hospital. Funeral Officers during the Covid-19 period were an instrumental part of the formation of laws and regulations in practice, this is especially in regulating the Manpower Act, namely the Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower (Law No.13-2003) and including in the Indefinite Time Work Agreement and Fixed Time Work Agreement. There has been no legal regulation regarding volunteer funeral officers in several statutory regulations. There must be legal protection for volunteer funeral officers or covering the bodies of Covid-19, both from medical and non-medical aspects, because this protection guarantee is also related to victims who are affected or as a result of carrying out duties as funeral officers or covering the bodies of Covid-19.
Heradhyaksa, Bagas et al, ‘Indonesia Sharia Stock Investment During Covid-19: Based on Islamic Economic Law Review’ (2023) 11(3) Jurnal IUS Kajian Hukum dan Keadilan 512–527 Abstract: The development of technology and financial literacy has increased the number of Indonesians who use stocks as an investment instrument. This also has an impact on the popularity of Islamic stocks. This is because many people are interested in Islamic investment instruments. However, the COVID-19 pandemic has had a significant impact on stock price movements. Sharia stock prices have also experienced very volatile movements due to the COVID-19 pandemic. This phenomenon raises the question of whether investing in Islamic stocks during the COVID-19 pandemic is against Islamic economic law. This is because Islamic stock prices seem to be filled with uncertainty and have experienced a very significant price decline. Moreover, due to the COVID-19 pandemic, the number of stock investors is increasing rapidly. This article aims to analyze Islamic stock investment during the COVID-19 pandemic through the perspective of Islamic economic law. To analyze this issue, this article collects data through library research. The data were analyzed using qualitative methods. In the end, this article finds that investing in Islamic stocks during the COVID-19 pandemic does not contradict the principles of Islamic economic law. Instead, this article suggests that the public can take advantage of a certain momentum to start investing in Islamic stocks.
Hidayat, Anwar, ‘Reconstruction of the Constitutional Law Post-Covid-19 Emergency’ (2022) 5(3) Budapest International Research and Critics Institute-Journal (BIRCI-Journal) 27948–27953 Abstract: The purpose of this study is to identify and describe changes in constitutional law as a form of conformity in the post-Covid-19 emergency situation, especially in Indonesia. The method used in this research is descriptive qualitative. The data collection technique used a literature study in the form of a documentation study. The data analysis method uses qualitative analysis which is then directed to draw a conclusion using deductive thinking methods. The results show that the post-Covid-19 Emergency Constitutional Law has a lot to do with economic recovery efforts from the socio-economic impacts caused by the Covid-19 pandemic since the beginning of 2020. In 2022, since the decline in the positivity rate in Under WHO standards, Indonesia has begun to implement so many policies related to national economic recovery such as accelerating government spending, relaxing income taxes, and restoring the national economy by implementing state financial policies through the relaxation of the state budget.
Hisan, Khairatun and Andini Rachmawati, ‘The Review of Emergency Concept in Islamic Law Towards the Fatwa of the Indonesian Ulema Council No. 14 Of 2021 on the Use of Astrazeneca’s Covid-19 Vaccine’ (2022) 5(2) Journal of Indonesian Comparative of Syari’ah Law 121–139 Abstract: The increase in the number of patients caused by COVID-19 makes the government try to reduce the number of disease victims with various efforts, one of which is vaccination. One of the vaccines that have been registered to the Indonesian Ulema Council is AstraZeneca vaccine products. Based on MUI fatwa No. 14 of 2021, the vaccine is haram because it uses pork-derived trypsin in its production but become allowed because of emergencies and some of the reasons in the fatwa. Nevertheless, the implementation of the fatwas is less than optimal, one of which is due to the fatwa MUI that is not binding. Some people refuse to use the vaccine because it is considered not currently included in the emergency. After all, other vaccines are halal and pure to use. This research aims to review emergency concepts in Islamic law towards fatwa MUI No. 14 of 2021 on AstraZeneca Product Vaccine Use Law. This research is qualitative research using normative Islamic legal research methods with document study data collection techniques. The data analysis used is inductive. The results of research that has been conducted show that the use of emergency concepts in MUI fatwa No.14 of 2021 Concerning the Use of COVID-19 Vaccine AstraZeneca products have been following the concept of emergency in Islam which includes fears of loss of life and limbs; emergencies that have occurred; there is no other way to avoid an emergency except by performing prohibited acts; the discovery of halal and sacred medicine and the recommendation of a credible doctor; not contrary to the basic Islamic sharia, including safeguarding the rights of others; there is a statement from the Government that the emergency has occurred in a country; and must prevent it with reasonable levels.
Husdanah, Akadiyan Aliffia et al, ‘Legal Protection for Business Placers of Agreements between Business Players Holding Dominant Positions during the Pandemic Era’ (2022) 49(8) Journal of Hunan University Natural Sciences 92–98 Abstract: A dominant position is a situation where a business actor does not have a significant competitor in the relevant market in relation to the market share controlled, or the business actor has the highest position among his competitors in the relevant market in terms of financial capability, ability to access supply or sales, and ability to adjust supply between the demand for certain goods or services (Article 1 number 4 of Law Number 5 of 1999). Abuse of a dominant position in the market further aggravates the economic situation during the pandemic era. The procedure for determining the existence of abuse of a dominant position can be carried out by measuring the reach or scope of the relevant market, the existence of a dominant position in the relevant market, and proving the behavior of abuse of dominant position. The Government issued Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (hereinafter Law Number 5 of 1999) intended as a legal instrument to enforce the rule of law and provide equal protection for business actors in efforts to create fair business competition. The law also provides legal certainty, so that it can encourage the acceleration of economic development to improve general welfare, as well as the implementation of the spirit and soul of the 1945 Constitution of the Republic of Indonesia. The form of abuse of the dominant position by PT Forisa Nusapersada in the Pop Ice program The Real Ice Blender is PT. Forisa Nusapersada made IOM and an agreement with the owners of Beverage Kiosks and/or Market Stores not to sell competing products like Pop Ice, which has resulted in the lost or at least reduced choice of consumers to attain S’Cafe and Milkjus brand products in the market.
Husein, Yunus and Ichsan Zikry, ‘Legal And Institutional Aspects Of The Financial Sector In Handling The Covid-19 Pandemic’ (2022) 1(2) Journal of Central Banking Law and Institutions_ _Abstract: The Covid-19 pandemic has negatively impacted economic conditions, health, and social activities of the community. This study elaborated on two things. First, the legal aspects of handling the Covid-19 Pandemic. Second, it outlines the aspects of institutions involved in handling the Covid-19 Pandemic. The results of this study show that the legal aspects of the Government in dealing with the Covid-19 Pandemic are through Law No. 2 of 2020. In this regulation, at least two main things are regulated, namely the legal protection of members of the Financial System Stability Committee (KSSK) from lawsuits in exercising their authority and exceeding the deficit limit of 3 percent of GDP, furthermore, regarding institutions involved in handling the Covid-19 Pandemic, it is necessary to strengthen institutions. In this case, the institution in question is included in the KSSK members, because of its large authority in handling the Pandemic, especially for national economic recovery, as well as large state budget allocations. The strengthening efforts that can be done are First, amendments to Law No. 2 of 2020, especially regarding the protection of the KSSK against claims and exemptions from state financial losses. Second, the issuance of a PERPPU on supervision and reporting of financial responsibility for handling the Covid-19 Pandemic. Through these institutional strengthening efforts, it is hoped that the handling of the Pandemic, especially in the context of national economic recovery, can run optimally.
Husni, Mahdi Syahbandir, Muhammad Ya’kub Aiyub Kadir and Teuku Ahmad Dadek, 'Legal Constraints on the Enforcement of Covid-19 Health Protocol in Indonesia' (2021) 1(21) Medico Legal Update 1601-1611 Abstract: The positive number of Covid-19 in Indonesia continues to increase and there are no signs of decreasing. This increase was triggered by the implementation of the new normal, long holidays and uncontrolled crowds. And none of this is accompanied by enforcement of health protocol laws (wearing masks, washing hands, maintaining distance and not crowding). This paper examines the legal constraints of enforcing health protocols with normative legal method through library research. The results of his research show firstly, the absence of positive laws that can be used as the basis for law enforcement of health protocols, causing bias in its implementation and health protocols regulated by the Minister of Health Regulation which is not part of the source of positive Indonesian law. Second, the recently issued legal regulations to regulate the enforcement of health protocols are not in accordance with the legal hierarchy prevailing in the Indonesian legal system. Third, specifically for crowd management, the police did not use their authority in accordance with the Criminal Code because it was not prepared to control the Covid-19 crowd, causing multiple interpretations and becoming polemic in the political realm. This study suggests that the Government of Indonesia enact a Government Regulation in Lieu of a Law on Health Protocol Enforcement and provide additional authority to regional heads (governors and regents/mayors) in determining disaster emergencies to also issue regional head regulations in lieu of regional regulations and so that district governments/city and province to propose regent/mayor and governor regulations to become regional regulations that get parliamentary approval.
Hutahayan, Benny, 'Law enforcement in the application of large-scale social restriction policy in Jakarta during pandemic COVID-19' (2021) 1(7) International Journal of Public Law and Policy 29-48 Abstract: This research aims to determine the effects of Covid-19 on law enforcement in the application of large-scale social restrictions policy in Jakarta. This research used a quantitative approach in the form of a survey. The sample was 200 residents of Jakarta who were randomly selected using Google Form. The quantitative data analysis was structural equation modelling (SEM) analysis based on partial least square (PLS) to answer the research hypothesis. A significant relationship is the relationship between effectiveness on obedience, the relationship between obedience on awareness, and the relationship between the effectiveness of awareness mediated by obedience. People with too much confidence tend to violate the application of LSSR policy. Besides, people who are too confident in obeying LSSR regulations will tend not to realise the importance of applying LSSR policies. The new findings are the use of models involving quadratic relationships, where the higher one's trust, is not necessarily always increase obedience and awareness. With a level above 76%, public obedience and awareness will tend to decrease.
Ibnu, Adi, ‘The Covid-19 Containment in Indonesia and Soft Law: A Risk-To-Objective Analysis’ (2024) 3(1) Journal of Central Banking Law and Institutions 1–36 Abstract: This article illustrates how Basel III, a soft law legal framework guiding how regulators supervise financial institutions in order to prevent and mitigate systemic financial crises, especially the requirement regarding the governance of sovereign debt, is being implemented in Indonesia. The analysis was done by scrutinising the relevant authority’s responses and monetary policy during COVID-19. Also, it examines whether the applicable regulations and other related policies align with the grand objectives of the financial sector. This article provides several important takeaways. First, benefiting from the soft traits of Basel III, the oversight authorities (OJK and BI) have tried to enshrine the government’s resilient and prudent financial state through flexibility. Second, instead of taking expansionary legal measures to stimulate the state’s income and limit the state’s expenses, BI and the government have worked together to contain the damage of the pandemic through a quasi-fiscal program (burden-sharing program, BSP). Third, the legislation of Law No. 3/2023 did not make the BI’s objective less risky. It also suggests that more could have been done to prevent the fiscal deficit, especially by the government, through fiscal consolidation (limiting or decreasing the state’s expenses).
Idaman, Idaman et al, ‘Civil Disobedience in Indonesia: Legal Notes During the Covid-19 Pandemic 2019 – 2022’ (2024) 1(1) Nusantara Journal of Law and Humanity 1–10 Abstract: During the covid-19 pandemic in Indonesia, large-scale social restrictions carried out by the government were seen from the lack of preparedness, lack of care, economic protection. As a result, civil society resistance emerged in every government policy related to social distancing. This defiance then resulted in the birth of legal sanctions for civilians who defied government regulations in tackling Covid-19.
Ilmih, Andi Aina, Kami Hartono and Ida Musofiana, 'The financing restructuring legal analysis for debtors affected by COVID-19 in Sharia multifinance institutions' (2021) 2(8) Jurnal Pembaharuan Hukum 172-183 Abstract: This study focuses on problematic financing by debtors affected by Covid-19 at Islamic multi-finance institutions in Semarang City, with the aim of finding the reality of the form of problematic financing experienced by debtors during the Covid-19 Pandemic. This study uses an empirical juridical approach, data analysis using descriptive-analysis methods. Based on the research that has been done, the regulation of the Financing Restructuring Law is guided by POJK Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 which regulates asset determination, financing restructuring and provision of new funds. The impact arising from the existence of a financing restructuring policy for debtors affected by Covid-19 can be viewed from the following aspects: (1)Juridical Aspect, meaning that there are no sanctions for the financing institution as a creditor if it does not follow or apply, only based on the willingness of the creditor; (2) Economic Aspect, can help debtors to recover and stabilize the economy so that they can fulfill promises (achievements) to creditors; and for creditors the impact on financial activities or transactions that occurred during the Covid-19 pandemic can still be stable; (3)Psychological Aspects, meaning that one side fosters a strong mentality and confidence for creditors/financing customers to fulfill their obligations, and on the other hand, the existence of the presence of financial institutions is maintained in the future.
Ilyas, Muhammad and Rizki Ramadani, ‘The Effectiveness of Legal Policies on Micro and Small Business Empowerment in Pandemic Time’ (2022) 28(2) SASI 244–258 Abstract: MSMEs made a significant contribution to the Indonesian economy at the beginning of 2018. However, since COVID-19 has become a global pandemic, micro, small, and medium-sized enterprises (MSMEs) have been heavily impacted, due to a series of social restriction policies enacted by the government. In order to resolve issues, the government must assist and empower the MSME sector so that it can survive the pandemic. However, not many studies have been carried out regarding the extent to which empowerment policies by local governments have been effective in the field. Purposes of the Research: This study aims to determine the effectiveness of the legal policies in empowering the micro and small enterprises (MSEs) during the pandemic based on the case of Gowa Regency, South Sulawesi.
Iman, Ahmad Syaiful, Taufik Firmanto and R Ridwan, ‘Law Enforcement of the Criminal Action of Corruption in The Time of the Pandemic COVID-19’ (2022) 1(1) Proceeding International Conference Restructuring and Transforming Law 19–26 Abstract: This research is a legal research that examines the law enforcement of criminal acts of corruption during the COVID ‐19 pandemic. This study aims to analyze the model of law enforcement against corruption which is one type of extraordinary crime (extraordinary crime). Corruption is a very serious problem, because it can endanger the stability and security of the State, endanger social and economic development, politics, and can even damage democratic values and national morality. Law enforcement was highlighted during the Corona Virus Disease 2019 (covid‐19) pandemic, where the World Health Organization (WHO) declared COVID‐19 a global pandemic. President Joko Widodo also declared the spread of the deadly epidemic a national disaster. This emergency status comes into effect as of April 13, 2020. The determination of the spread of this virus as a disaster is stated in Presidential Decree (Kepres) No. 12 of 2020 concerning Determination of Non‐Natural Disasters for the Spread of Corona Virus Disease 2019 Covid‐19. This type of research is a normative legal research (doctrinal), with several approaches used, among others; the statute approach, both conceptual approaches, and the data analysis method used in this paper is the deductive analysis method. Research result This refers to law enforcement of corruption in Indonesia The ciovid‐19 pandemic period is still quite bad, and it can be seen from the increasing percentage of state losses and the increasing number of cases of cases that are increasing from previous years. Report from Indonesian Corruption Watch (ICW). said that there was no openness information from APH, especially the police and the prosecutor’s office regarding the handling of corruption.
Imandeka, Ejo and Zulfikri, 'Preventing Coronavirus in Overcrowded Prisons in Indonesia' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: Coronavirus (Covid-19) is a very dangerous virus that is classified as a respiratory disease. The spread of the Covid-19 is so rapid that more than 530.000 Indonesian people have been infected by the end of November 2020. Various methods are used by the Indonesian Government to avoid the spread of the Covid-19, but in fact the cases of the coronavirus have continued to increase drastically. The Covid-19 pandemic is having a significant impact on the nation’s prison system, causing higher rates of infection and death compared to the general population. Prisons are amplifiers of infectious diseases such as the Covid-19 because social distancing is impossible inside and movement in and out of facilities is common. Quick action is necessary for some reasons such as prison overcapacity and the fact that correctional staff and incarcerated populations are already testing positive. Some people behind bars are known to have health conditions, which makes them to be more vulnerable, and the resources required to make policy changes would have been depleted long before the pandemic peaks. Criminal justice officials have the power to reduce the number of deaths by Covid-19 by taking meaningful steps to protect people behind bars. This research analyzes the strategy taken by the correctional official in preventing the spread of the Covid-19 into overcapacity prisons in Indonesia. This is descriptive qualitative research through literature studies and articles related to Covid-19. Based on the research, 7 (seven) strategies are found in preventing the spread of Covid-19 into prisons; ceasing external visits to the prison, providing booths for spraying antibiotics and disinfectant fluids for visitors, postponing the admission of new prisoners, postponing trials, releasing the number of prisoners during the assimilation period, eliminating unnecessary face to face for coaching activities for inmates, and prohibiting the transfer of prisoners. However, there are still problems encountered in implementing these strategies such as lack of prison facilities, lack of awareness of prisoners and prison officers, and lack of community support.
Indrastuti, Lusia, Ellectrananda Aa and Doris Rahmat, ‘Administrative Environmental Law Enforcement Based On Transcendental Post Covid-19 Pandemic’ (2022) 6(6) Journal of Positive School Psychology 9973–9979 Abstract: This study aims to review the role of the State in the social and economic sustainability of natural resources around mining and the role of the community in enforcing transcendental-based environmental laws after the Covid-19 pandemic. This type of research uses normative legal research. The results of the study indicate that the responsibility of the State in restoring the mining environment must be carried out in the entire process starting from the stages of fulfilling permits, planning, implementation and supervision because business entities have not regulated the responsibility for the possibility of pollution of ex-mining land after handing over to the government using the principle of kinship. Environmental restoration activities in post-mining only involve the authority of the government and mining business actors without involving the community as an important element and also parties directly related to the existence of the physical, economic and social environment of the mining environment.
Indratmoko, Daryll Alessandro et al, 'Legal Perspective On Layoff Because Of The Pandemic Situations' (2021) 1(1) IN-PROLEGURIT (International Proceeding: Legal, Human Rights and Technology) 304-321 Abstract: Covid-19 pandemic1 affected many sectors,one sector that affected significanly are economics2,Covid-19 pandemic makes human difficult to do an economic action,therefore many company are affected by this,many company can’t have a stable income,therefore they can’t pay their workers salary,because of this the company have to do a work termination3 for their workers,this really affect the workers that receive a work termination,the workers can’t have an income to fulfil their daily life needs,and usually their family too and this also makes the unfulfillment of their human rights,this paper are written to give a solution to this problem in this paper we use the inductive method Through this method particular situations can be analyzed through an individual study of the facts that formulates general conclusions, that help to the discovery of generalized topics and theories that start from the systematic observation of the reality.,with this paper we hope it can help the workers that affected by this pandemic situations. These solutions include reducing the wages and facilities of top-level workers such as managers and staff of the company, reducing shifts, limiting and eliminating overtime work, reducing working hours, temporarily disbursing and housing workers, not extending the contract life of workers who have expired, and providing pensions to workers who have entered old age and have qualified for retirement, The next step that can be done is the effort of negotiations between employers and workers or unions.we hope this solution can help all the workers that affected by the pandemic situations
Inggriani, Sri and Faisal Santiago, 'Criminal Liability of Patient's Family Who Refused Medical Action in the Case of Covid-19' (Conference Paper, Proceedings of the International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: When a patient's condition is in an emergency and is exposed to a disease that requires special treatment such as isolation, prompt and precise medical action is needed. However, the patient's family should be the representative of the patient to obtain consent, but the patient's family refused the medical treatment so that informed consent was not implemented in the therapeutic agreement. The problem in this research is what is the criminal liability for the families of patients who refuse medical action in the case of Covid-19? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results of the study show that the criminal responsibility for the family of patients who refuse medical action in the Covid-19 case is imprisonment and fines. These sanctions are not regulated in Law Number 29 of 2004 concerning Medical Practice but are strictly regulated in Article 14 of Law Number 4 of 1984 concerning Infectious Disease Outbreaks and Article 93 of Law Number 6 of 2018 concerning Health Quarantine. Although the act of refusal to take a medical action by a parent or family against a member of his family is not necessarily a crime, however, criminal law enforcement can be carried out against this act of refusal and this needs to be proven again through a legal process in court.
Irawan, Anang Dony and Ega Permatadani, ‘Government Policy in Handling the Covid-19 Pandemic Judging from Law Number 2 of 2020’ (Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021), 2023) 51–58 Abstract: The world was shocked by the emergence of an infectious virus called COVID-19 at the end of 2019. Viruses that can be transmitted by camouflage by indiscriminately consuming every human life that lives on the surface of this earth, including in Indonesia. Indonesia is one of the countries with the most COVID-19 cases in the world, which has implications for the country’s economic condition. Even in the health of the People of Indonesia with a fairly high death rate. The government then made a policy with the aim of minimizing the explosion of the number of COVID-19 victims who are increasing and harming many parties. The Government issued Law Number 2 of 2020 on The Establishment of Government Regulations in Lieu of Law Number 1 of 2020 on State Financial Policy and Financial System Stability for Handling the Coronavirus Disease Pandemic 2019 (Covid-19) and/or in Order to Deal with Threats that Endanger the National Economy and/or Financial System Stability into Law. This research uses a type of juridical normative research with a level on applicable laws and regulations. The policy regarding this rule has actually been implemented properly. However, the rights of the people related to the existence of Law Number 2 of 2020 are still not implemented properly. Further arrangements are needed that are more in favor of the condition of the people and the country’s finances for the realization of good and clean government, so that the handling of the COVID-19 pandemic is in accordance with the common expectations of the Indonesian people.
Irawan, Benny Bambang, Suroto and Sri Setiawati, ‘Legal Policy Analysis Of Handling Covid-19 In The Perspective Of Human Rights Protection’ (2022) 3(1) International Journal of Educational Research & Social Sciences 557–566 Abstract: The Indonesian government has issued several regulations for the handling of Corona Virus Disease 2019 (Covid-19), which aims to handle the Covid-19 pandemic in Indonesia can run well and be adhered to by all communities. But the legal order issued by the Government of Indonesia in dealing with Covid-19 and the implementation of physical distancing has not been maximal in protecting the rights of the Indonesian people. To prevent the spread of Covid-19, the government asks people to keep their distance from each other, avoid crowded places such as gathering in houses of worship, markets, malls, and not to conduct events that reason many people such as weddings, meetings, and seminars. Against the steps taken by this government, many people think that it is contrary to human rights. This research method uses normative juridical approach methods with data analysis methods using qualitative data analysis. The results of this study show that government regulation should still pay attention to people’s rights, such as the right to work, health, and so on. Applying the law in an emergency must be acted wisely, not to debate so that people’s rights are ignored. In addition, the role of the community is also needed to remain in compliance with health protocols in a disciplined manner so that the transmission of the Covid-19 virus can be suppressed.
Irawati, Irawati et al, ‘The Customary Law of the Communal Property and Sustainability in Coping with the Economic Impact of Covid-19 in Minangkabau Indigenous Peoples, Indonesia’ (2024) 12(1) Journal of Law and Sustainable Development Article e2548 Abstract: This paper explores the culture of the Minangkabau indigenous peoples, West Sumatra, Indonesia, in the customary law of communal property to ensure the economic sustainability of the communal members who face the economic impact of COVID-19. Our study focuses on implementing the cultural heritage of property management of the indigenous peoples of Minangkabau in West Sumatra, Indonesia. The cultural law of this Minangkabau ethnic can maintain access to land to ensure food security and economic sustainability for their communal members affected by the COVID-19 pandemic. This study concludes that customary law, shared property management, and leadership are essential keys to the economic sustainability of indigenous peoples during times of crisis.
Ismaila, Yuwan Zaghlul, 'Encourage the Advance of Artificial Intelligent in Replacement the Position of Civil Servant Apparatus During Pandemic to Reduce the Nepotism in Indonesia’s Bureaucracy' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: Artificial Intelligent is intelligent demonstrated by machines that’s specifically have some similarities with human intelligences, Indonesia reported have the ARTIFICIAL intelligent ROBOT, the intention of Mr. President to replace the ASN with Artificial Intelligent in the government will soon be realistic, Indonesia actually now have a great Artificial intelligent robot, but the utilization of AI robot in Indonesia still very lack, it’s still need the transition era for this in replacement. The use of AI robot still rise so many questions in law, on how the position of AI regulated in Indonesian Law, as we know that its robot intelligently work like human that they can understand and can respond like human, but what become the question law or provision drafting is about the emergence situation, the robot still cannot detect whether it’s it rushing situation or not, the drafting of the law in the AI itself always can be related with cyber law, but in my own understanding even though the draft of law in cyber law are enough to regulate about Artificial intelligent itself but the law need to ruled more about the Artificial intelligent, there can be any error, the question arise that who should we blame with those artificial intelligent commit error during the process of bureaucracy then affect so many system in another sector, so the law should draft more about that in order to prevent the error that can be caused by the AI itself, in order to achieve bureaucracy 4.0, the government have to work seriously without involving the personal interest in nit, bureaucracy 4.0 has four indicators. These indicators are service acceleration, service efficiency, service accuracy, work flexibility, and social impact. With the flexibility of ASN working time, work does not have to be done in the office. In the future, some jobs can be done via smartphones, which of course will be more efficient and shorten the flow of bureaucracy. It is in this context that explained about ASN that can work from home which is the attention of the mass media.
Ismulail, Andi Muhammad Rifqi et al, ‘The Effectiveness of Palu Mayor Regulation Number 19 of 2020 Concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Covid 19 in Palu City’ (2023) 4(1) Journal of Aafiyah Health Research (JAHR) 18–30 Abstract: The Increasing Cases of the Covid 19 Pandemic to Indonesia, As a form of emergency response, the Palu City Government of Central Sulawesi Province stipulated Palu Mayor Regulation number 19 of 2020 concerning the implementation of discipline and law enforcement of health protocols as an effort to prevent and control corona virus disease 2019. The purpose of this study is to Analyze in Depth the Effectiveness of Palu Mayor Regulation Number 19 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Covid 19 in Palu City based on input, process and output factors. Inputs, processes and outputs do not run in accordance with Palu Mayor Regulation Number 19 of 2020 because they are less firm and binding and coercive in the field and there are still communities, both individuals and business actors, who violate rules related to the implementation of discipline and law enforcement of health protocols. The suggestion is to be more assertive and remain consistent in providing education and awareness to the public in implementing health protocols, especially in the city of Palu.
Israhadi, Evita, 'The Social Impact of Force Majeure and The consequences of the Determination of the Covid 19 Disaster Status on Learning the Manpower Law' (2020) 4(11) Journal of Social Studies Education Research 28-51 Abstract: This study aims to explore learning about the labor law regarding the Force Majeure event due to the determination of the 2019 Corona Virus Disease pandemic (Covid-19) National Disaster, which has implications for the termination of employment in Indonesia. This type of research is normative-empirical legal research. The non-Judicial case study's approach is based on primary legal materials, social behavior guidelines, and relevant previous research. The study results reveal that the impact of social force majeure on Termination of Employment due to the determination of the Covid 19 disaster status imposed by the government has resulted in an increase in unemployment and increased economic difficulties for the community. The law of force majeure based on labor regulations and policies reveals that layoffs are carried out after going through the renegotiation process stage. Layoffs cannot just be carried out unilaterally by companies, especially on the Covid 19 outbreak. This is because there are independent auditing steps carried out by stakeholders before actually being declared to have experienced a force majeure condition and enforcing layoffs. In other words, layoffs can be done if both parties have negotiated and are looking to solve the company's financial problems. This research's main contribution is for stakeholders, especially work bound by the company's work contract. By increasing the legal literacy force majeure, the unemployment rate due to layoffs should be controlled. In this case, the government needs to review the Manpower Act regulation related to the force majeure criteria so that social justice can truly be realized for Indonesian workers.
Jalili, Ismail, Fadillah Ulfa and Syahidah Rena, ‘Gendered Resilience: Islamic Legal Maxims and Pandemic Responses Amid Indonesia’s Environmental and Societal Challenges’ (2024) 12(9) Journal of Law and Sustainable Development e3965–e3965 Abstract: This study aims to explore the intersection of gendered resilience, Islamic legal maxims, and pandemic responses within the context of Indonesia’s environmental and societal challenges. It seeks to understand how Islamic jurisprudence and gender dynamics can shape effective responses to crises, particularly in a nation grappling with diverse socio-environmental issues. Through qualitative methods, including content analysis of religious, legal texts, and case studies, the research examines practical applications of Islamic legal principles in crisis response. Findings reveal that gender-sensitive interpretations of Islamic legal maxims improve community resilience and pandemic responses by fostering equitable resource distribution. The study highlights successful case studies and discusses integration challenges in policymaking.
Jamila, Fadilla, Melantik Rompegading and Wahyu Hidayat, 'The Effectiveness of Virtual Trials for Criminal Proceeding as an Effort to Mitigate the Spread of Corona Virus During the Covid-19 Pandemic' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: The first case of Covid-19 in Indonesia was found on 2 March 2020. Although enforcing health protocol is essential in this situation, the law enforcement to the community could not be set aside, especially for criminal proceeding highly related to human rights. Therefore, following the rise of the domestic cases, the Indonesia Supreme Court in cooperation with the Attorney General and the Ministry of Law and Human Rights has agreed to conclude an MOU deciding that during the Covid-19 Pandemic, the criminal proceeding will be conducted through virtual trial to mitigate the spread of the virus. It has been performed for approximately seven months and it is still ongoing. This is not a new practice in our court system as Supreme Court already has the e-court and e-Litigation programs long before the pandemic. Nevertheless, it focused on private proceedings instead of a criminal proceeding and it still has limited roles. This research aims to analyze the effectiveness of virtual trials for criminal proceedings during the Covid-19 pandemic in General Courts by using a normative-empirical approach. The results of the research show that although the criminal proceedings have been conducted through virtual trials, it does not reduce the rights of the accused to seek justice. Furthermore, it has both advantages and disadvantages. Virtual trials help reduce the physical contact in court particularly in criminal proceedings. Thus, it helps mitigate the spread of virus among the judges, court staff, prosecutors, advocates, and the accused. However, the lack of facilities in relevant places such as courts, prosecutor offices, prisons, and detention houses becomes obstacle in carrying out the trial process. Virtual criminal proceedings also make it difficult for public prosecutors, judges, and advocates to gather facts through questions to the accused. Moreover, several aspects should be addressed and improved to provide better legal services to society.
Jannah, Shofiatul and Mohammad Afifulloh, 'Islamic Legal Analysis of Obligation for Swab Tests as a Requirement for Marriage in the Era of Covid-19 Pandemic in Indonesia' (2021) 2(16) AL-IHKAM: Jurnal Hukum & Pranata Sosial 450-475 Abstract: The Covid-19 pandemic gives many impacts on various aspects, including marriage service requirement. During the pandemic, it is required to comply with government policies, namely submitting negative Covid-19 Swab test results for prospective brides, witnesses, and marriage guardians. Due to the high spending for taking the test, some prefer to unregister the marriage and delay the schedule. This research is a literature study with a normative type. The data was obtained qualitatively through observation and analysis of the policy of the Ministry of Religious Affair, its impact on Indonesian society, and how Islamic law percieves the policy. The results show that the policy of the Ministry of Religious Affair number: P-001/DJ.III/Hk.007/07/2021 aimed to cope with the spread of Covid-19 virus which is increasingly rampant. Meanwhile, according to the Islamic law, it is a temporary requirement formulated to prevent harm and therefore, it is not a part of marriage pillar. Islamic law furthermore puts it as an effort to maintain the soul's safety (hifdun al-nafs). (Pandemi Covid-19 memberi dampak pada berbagai macam aspek kehidupan, termasuk persyaratan layanan pernikahan. Selama pandemi, pasangan yang akan menikah, saksi, dan walinya diwajibkan menyerahkan hasil negatif test Swab sesuai kebijakan pemerintah. Karena mahalnya biaya test tersebut, ada beberapa pasangan yang memilih pernikahan sirri atau menunda pernikahannya. Penelitian ini adalah penelitian pustaka yang berjenis normatif. Data-data di dalamnya diperoleh secara melalui pengamatan dan analisis terhadap kebijakan Kementerian Agama nomor P-001/DJ.III/Hk.007/07/2021 yang bertujuan menanggulangi penyebaran virus Covid-19 yang sempat menggila. Sementara itu menurut hukum Islam, persyaratan tersebut sifatnya sementara dan bertujuan untuk mencegah munculnya hal-hal yang tidak diinginkan sehingga bukan meupakan rukun nikah. Hukum Islam melihat kebijakan tersebut sebagai salah satu upaya untuk menjaga keselamatan jiwa.)
Jauhari, M. Sofwan and Abdul Ghoni, 'The Level of People's Obedience to MUI Fatwas (COVID-19, Bank Interest, and Interfaith Marriage)' (2020) 2(20) AHKAM : Jurnal Ilmu Syariah 233-256 Abstract: Indonesian Ulama Council (MUI) is an organization for Muslim scholars who provide guidance for the Muslim community in the form of fatwās on a particular situation on which the community can rely. In the ongoing situation relating to the COVID-19 pandemic since March 2020, MUI released a fatwā as to how to face the pandemic. This research is aimed to measure the level of people’s obedience to the fatwā. To obtain an accurate measurement, this research involves two others MUI's fatwās - a fatwā related to bank interest and a fatwā related to interfaith marriage – by way of making a comparison. This research uses mixed methods which combined the quantitative method using SPSS and the qualitative method. This research finds that the young unmarried Muslim, mostly under-25- year-old university students, have the highest level of obedience to the fatwā related to COVID-19. The fatwā related to interfaith marriage is the most obeyed fatwās, and fatwā related to COVID-19 is the least one among three fatwās in this research.
Johnson, Raine, 'A comparison of Indonesia and Malaysia's COVID-19 public health policy response' (Binghamton University, Working Papers Series No 9, 01 January 2021) Abstract: In an effort to understand why two Southeast Asian countries with similar freedom scores, religious demographics, and cultures took a different approach to the novel coronavirus, this paper identifies and analyzes Indonesia and Malaysia’s public health policies from March to May of 2020. There was a stark difference between the two government’s attitudes toward a nation-wide lockdown. Whereas Indonesia refused to implement national stay-at-home measures despite legislators and citizens’ call to do so, its counterpart adopted comprehensive, nationally mandated lockdown policies. This paper argues that Indonesia’s political elites’ denial of the pandemic threat and incumbents’ economic and religious anxieties as well as the nation’s federal institutional design dictated its lackluster policy response. Comparatively, after the resolution of Malaysia’s political turmoil, the new incumbent was enabled by the country’s federal institutional design to create effective policies that prioritized health and safety over the short-term political concerns.
Julian, Fajar Prima and Elviera Rheinata Hartanto, ‘Juridical Analysis of the Implementation of Pekalongan Mayor Regulation Number 48 of 2020 on Implementing Discipline and Law Enforcement of Health Protocols as an Effort to Prevent and Control Coronavirus Disease 2019’ (2025) 8(3) Syiah Kuala Law Journal_ _Abstract: This emergency condition due to Covid-19 is not solely a responsibility that is carried out only by the Central Government, but in this case requires the role and responsibility of the Regional Government. One of the tasks of the Regional Government is to lead the implementation of regional government affairs, including the management and implementation of public health centers. This study aims to analyze whether the application of the health protocol discipline carried out is in accordance with the Pekalongan Mayor’s Regulation. The problem approach in this study uses normative juridical, this approach examines theories, concepts, legal principles, and legislation related to this research, which is focused on examining the application of rules or norms in positive law. Based on the results of the study, it can be concluded that regulations combined with the institutional organizational structure of the Covid-19 Task Force are actually considered sufficient in overcoming the spread of the Covid-19 virus, but the low awareness of the people of Pekalongan City itself has hampered the activities carried out. This is done from various groups, both from individuals, public facilities, and public facilities.
Juliani, Adella Rachma and Siti Malikhatun Badriyah, ‘The Impact of the Covid-19 Pandemic on the Fulfillment of Credit with Mortgage Rights in Legal Terms for the Debtor’ (2023) 5(2) Awang Long Law Review 519–525 Abstract: The Covid-19 has an impact that affects many sectors, including the implementation of credit agreements that are subject to dependent rights. These effects led the debtor to experience overmacht and force majeure, so it is difficult to fulfill the obligations from the contract because income during the CoAvid-19 pandemic was unstable. The approach used in this study is normative juridical. The results showed that the situation of the Covid-19 pandemic can be used as a basis for overmacht because it has fulfilled the elements of overmacht. Thus, the execution of the debtor’s liability rights object is not possible, which is hindered by the fulfillment of its credit obligations. Issuance of POJK Number 11/POJK.03/2020 on National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 as a policy that provides legal protection for overmacht debtors affected by Covid-19 by providing credit restructuring.
Juniarti, Dewi Bella, 'Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law' (2021) 2(5) Lex Scientia Law Review 89-104 Abstract: The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.
Kadafi, Muhammad and Aditia Arief Firmanto, ‘Legal Analysis of Rising Divorce Cases: Impact of COVID-19 in Bandar Lampung, Indonesia’ (2024) 18(8) Revista de Gestão Social e Ambiental Article e05547 Abstract: This study aim to analyse the legal implications of increase in the divorce rate as a result of the Covid-19 pandemic at the Tanjungkarang Religious Court in Bandar Lampung, Indonesia. Additionally, the study seeks to identify the underlying factors that contributed to the occurrence of divorce at the Tanjungkarang Religious Court during the pandemic. This study found that during the Covid-19 pandemic, the Tanjungkarang Bandar Lampung-Indonesia Religious Court witnessed a surge in divorce petitions. June brings the highest volume of divorce cases. Divorce filings experienced a surge during the months of April, May, and June, as well as throughout the shutdown period. Second, divorce cases during the Covid-19 pandemic were precipitated by a variety of factors, with economic factors ranking highest. According to report data from the Tanjungkarang Religious Court, the factors of physical disability, imprisonment sentence, and coerced marriage account for the smallest number of divorce cases. Implications of the research: In order to promote resilience and well-being among families amidst the uncertainties of the current pandemic, it is possible for policymakers, legal practitioners, and community stakeholders to acknowledge the difficulties presented by the disease and devise focused interventions to assist individuals navigating the process of marital dissolution.
Kandida, Beste Refo, Suya Nita and Mulyadi Mulyadi, ‘The Effectiveness of Online Examination During the Covid-19 Pandemic on Law Enforcement in Subdit II of Dittipidum of Bareskrim Polri (Case Study on Decision Number: 935/PID.B/2020/PN BDG)’ (2022) 9(6) International Journal of Multicultural and Multireligious Understanding 365–375 Abstract: The objectives of the present study were 1) to find and analyze obstacles when conducting online examination of witnesses and suspects, 2) to analyze and offer efforts so that the results of online examination of witnesses and suspects can become evidence that has binding power throughout the criminal justice process. This was qualitative study that combines normative and empirical study. The study was conducted at the Sub-Direktorat II of Dittipidum of Bareskrim Polri. The analysis was based on the applicable laws and regulations and was relevant to the legal issues that were the focus of the research. The results of this study maintained fair legal certainty which was an important thing during the current Covid-19 pandemic. Online examination had not been regulated in the Criminal Procedure Code, so that the minutes of online examinations were expected to be valid evidence in court and had binding evidence. Based on the results of the study, it was concluded that the existing laws and regulations were not sufficient to support the law enforcement process during the COVID-19 pandemic as expected due to a legal vacuum and technical regulations.
Kang, Cindy and Hari Sutra Disemadi, 'The COVID-19 Pandemic Outbreak Impact And Prevention From Legal Perspective : An Indonesian Experience' (2021) 1(1) CoMBInES - Conference on Management, Business, Innovation, Education and Social Sciences 134-144 Abstract: The COVID-19 pandemic affected various aspects such as economy, health, environment, and others. The pandemic that occurred in Indonesia gave a huge responsibility to the government as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia. Everything that happens in handling this pandemic has a close relationship with the law, including human rights due to the large number of people who have died, regional quarantine, and the protection and guarantee of work safety for health workers who are at the frontline dealing with this pandemic. This research uses normative legal research methods.
Karo-Karo, Rizky Pratama Putra, 'The reason to amandment of Article 27 paragraph (1), Article 28 paragraph (1) and (2) of the ITE law that are considered to have multiple interpretation of the ITE law in the time of the COVID-19 pandemic for legal certainty' (2021) 1(14) Indonesian Law Journal 1-18 Abstract: Indonesian Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 19 of 2016 (ITE Law) provides benefits for the community and the business world on justice, legal certainty, and legal protection for activities in cyberspace using electronic media. However, there is an assumption that several articles in the ITE Law have multiple interpretations so that it is potentially to criminalize someone and make law enforcers have different perceptions. The formulation of the problem that the author raises are, first, what is the urgency of changing articles that are considered to have multiple interpretations in the ITE Law during the Covid-19 pandemic? Second, what is the ideal legal product to deal with articles that are considered to have multiple interpretations? The method used is a normative juridical method, the authors use secondary data and analyzed qualitatively. The results of the first research shows that the interpretation of the ITE Law alone is not sufficient and must be revised to support the amendment of the ITE Law. The second research result is that an appropriate legal product is a legally binding legal product for law enforcement officials in conducting investigations, prosecutions, and judicial process, namely Supreme Court Regulations and Attorney General Circulars.
Karsudin, Karsudin, Irma Cahyaningtyas and Dian Latifiani, 'Government Policy on Child Crime Through the Concept of Diversion as a Solution Amid the Spread of Covid-19' (2021) 2(5) Lex Scientia Law Review 1-18 Abstract: This study aims to analyze the concept of diversion as an instrument to realize restorative justice, applied in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19. The research method used in this research is normative juridical using secondary legal data. Based on the results of the research, it is known that the handling of juvenile criminal cases through the concept of diversion based on restorative justice is carried out to guarantee and respect the dignity of the child, carried out in the best interests of the child and by considering justice for the victim. The government, which is represented by The Minister of Law and Human Rights, has made a very responsive policy through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19.
Kartikawati, Dwi Ratna, ‘Professional Responsibility of Doctors in a Legal Perspective on Fulfilling Patients’ Health Rights during the COVID-19 Pandemic in Indonesia’ (2021) (Special Issue) Jurnal Undang-undang dan Masyarakat 71–83 Abstract: The COVID-19 pandemic began to enter Indonesia in early 2020, in this case the responsibilities and obligations of doctors are one of the concerns during the pandemic. The responsibility of medicine from a legal perspective is very diverse and implemented in various countries. In Indonesia, to realize the responsibilities, obligations and rights of the medical profession, it can be done through the fulfillment of a code of ethics that needs to be developed in various conditions. This study used a qualitative juridical research model with a review of legal texts and other supporting literature. It is hoped that this research can provide an overview of how the medical profession responds to the phenomenon of the COVID-19 pandemic in Indonesia and the future prospects for professional development and a medical code of ethics.
Kasim, Aminuddin et al, ‘Covid-19 Vaccination Policy by The Indonesian Government: A Constitutional Perspective’ (2023) 11(2) Russian Law Journal 203–211 Abstract: The existence of the Covid-19 pandemic is a very dangerous threat to the nation and state, so concrete steps are needed to deal with its spread. This research aims to find out the notion of social protection in the constitution, as well as to assess the alignment of the Indonesian Government’s vaccination policy with the constitution. This research aims to find the alignment of vaccination policies with constitutional values and assess public compliance with vaccination policies. The results show that the Indonesian constitution in the understanding of social protection adheres to the concept of socialism - solidarity which is based on the protection of human rights, justice and benefit, and as for the vaccination policy carried out by the government, it is in line with constitutional values because it contains protection of health rights.
Kembarawan, I Gusti Komang, ‘Law Compliance with the Implementation of Hindu Religious Cereminies [sic] in the City of Mataram in the Framework Of Maintenance of Social Solidarity During the Covid-19 Pandemic’ (2022) 5(01) Jurnal Hukum Agama Hindu Widya Kerta 32–45 Abstract: This study was conducted to analyze legal compliance in the implementation of Hindu religious ceremonies in the city of Mataram in the context of maintaining social solidarity during the COVID-19 pandemic. This phenomenon is related to the adaptation of the implementation of Hinduism in Mataram city regarding Social Restrictions during the Corona Virus Pandemic (Covid-19). This research is designed in a qualitative descriptive type. The results of this study obtained three answers from the formulation of research problems. First, legal compliance in carrying out religious ceremonies for Hindu communities in the city of Mataram in the midst of the implementation of social restrictions in preventing the spread of the COVID-19 pandemic is still being carried out by conditioning and complying with health protocols. Second, legal compliance in the implementation of Hinduism is indicated by a change in the implementation of religious ceremonies which are no longer performed lively, but are regulated by avoiding crowds. Third, legal compliance in a small scope is applied in carrying out religious ceremonies in the family environment and as much as possible reducing the implementation of religious ceremonies outside the home. Although there are people who carry out religious ceremonies outside their homes, they are required to comply with health protocols.
Khairani, null and Sri Arnetti, ‘Protecting the Rights of Laid-off Workers during the COVID-19 Pandemic after the Enactment of Law No. 11/2020 on Job Creation’ (2023) 9(2) Cogent Social Sciences (advance article, published online 18 September 2023) Abstract: This study discusses the legal protection for workers whose employment relationship has been terminated after the enactment of Law No. 11/2020 on Job Creation which derives from the Indonesian Omnibus Law. The purpose is to examine the protection of laid-off workers’ rights under the Job Creation Law during the COVID-19 pandemic which has increased the threat of layoffs around the globe including in Indonesia. This study seeks to address the question of how employment termination, also known as layoff, is regulated in Law No.11/2020 on Job Creation which was repealed and replaced with Law No. 6/2023 to guarantee the rights and legal protection of laid-off workers during the COVID-19 pandemic. This is socio-legal research drawing on primary data related to the Job Creation Law and workers’ rights protection during the COVID-19 pandemic. The findings of the study indicate that the regulation of worker layoffs has changed in the Job Creation Law, including the procedure for implementing the layoffs that no longer require the verdict of the Industrial Relations Court. The study also found that the protection for workers by the Job Creation Law during this pandemic is in the form of severance pay, gratuity pay, and compensation in the amount of 0.5 of the provisions of Article 156, which is smaller than the provisions of Law No. 13/2003 on Employment.
Khairunnisa, Vena Lidya and Mochammad Ilham Nurrobby, 'Legal Protection of Female Journalists over Gender Inequality during the Covid-19 Pandemic' (2021) 2(5) Lex Scientia Law Review 123-136 Abstract: The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.
Khairuummah, Rosdayana, 'Future Policy Planning of Law Enforcement and Criminal Execution to Face Covid-19 Pandemic' (2021) 2(4) Nurani Hukum: Jurnal Ilmu Hukum 16-28 Abstract: The Covid-19 pandemic is first reported in late December 2019 in Wuhan, Hubei Province of China, Covid- 19 has rapidly spread worldwide. In the middle of 2019, by paying attention to the victims affected by covid-19 in the country more and more, the government, through Presidential Decree No. 11 of 2020 on The Determination of Public Health Emergency Corona Virus Disease 2019 (Covid-19), has established a public health emergency, following the event as a non-natural national disaster through the Presidential Decree No. 12 of 2020 on the Determination of Non-natural Disasters The Spread of Corona Virus Disease 2019 (Covid-19) as a national disaster, attempts to prevent the transmission of the Covid-19 virus are also carried out by the government through the Correctional Institution and Detention Center and Child Development Institutions as a closed institution that in actually experienced overcrowding conditions that facilitate the transmission of Covid-19. In the face of overcrowding prison, the Ministry of Law and Human Rights, the Directorate General of Corrections, has implemented several policies on the Correctional Institutions, Detention Center and Child Development Institutions. Considering the number of people affected by the Covid-19 pandemic is increased, it is not yet known exactly when it will decrease in the graph, criminal acts will continue to occur so that it will cause problems for the execution of unlawful deprivation of liberty that will have implications for the enforcement of criminal law in the future.
Khamim, Mohamad and Moh Taufik, ‘Discretion of Covid 19 Prevention in the Perspective of State Administrative Law’ (2022) 22(1) Jurnal Dinamika Hukum 187–196 Abstract: Strategic steps in handling the Covid 19 pandemic have been made by the Regional government to accelerate the handling of Covid-19. This study aims to look at the position of discretion as an instrument of administrative law in the formation of public policy, and analyze the extent to which discretion is used by regional heads as an effort to make effective policies in preventing covid 19 in their regions as part of the bureaucratic agility paradigm. This research uses an empirical juridical approach, with the data analysis method being carried out by collecting data through the study of library materials or secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to normative juridical analysis of the synchronization of the Government Administration Law. The policy of handling covid 19 carried out by several regions has succeeded in reducing the mortality rate through discretion, with a more flexible and flexible policy character in carrying out the role of responsive bureaucratic agility. The approach of State Administration law provides more legal certainty and avoids clashes of constitutional issues in realizing public welfare and justice.
Khasanah, Dian Ratu Ayu Uswatun and Madiha Dzakiyyah Chairunnisa, 'Litigation transformation in law enforcement effort in Indonesdia during the COVID-19 pandemic' (2021) 1(1) HUMAYA: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya 16-21 Abstract: The Covid 19 pandemic has accelerated digitization in all aspects of life. As an effort to deal with its spread, the legal realm has also undergone a transformation. The implementation of remote litigations during the Covid-19 pandemic has begun to take effect in line with the government's appeal for Physical/ Social distance. The litigations used the support of the internet network or known as e-litigation. It is nothing new in the world because previously developed countries, such as the United States, have used this method beforehand. The implementation of e-litigation in Indonesia is certainly different from other developed countries that are technologically ready. The implementation of e-litigation is a development of the previously implemented e-court program. This study examined the ins and outs of virtual litigations during the pandemic with all the regulations that assist them. The research used normative and empirical juridical methods that provide explanations so that it can be used as an evaluation of implementation during the pandemic period and towards the new normal era. The secondary data were taken from the primary materials from the regulations that apply during the pandemic and the new normal era. In addition, the secondary materials used were also from journals, books, and other literacy sources. The results of this paper can be used as a reference for further research on the transformation of law enforcement that puts forward the modernization of technology and information in fulfilling justice and social welfare.
Kismilarsih, Fatikhah, I Nyoman Putu Budiartha and I Gusti Bagus Suryawan, ‘Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic’ (2023) 3(2) Journal Equity of Law and Governance 111–119 Abstract: The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers’ rights and obligations.
Koos, Stefan, 'Legal Framework for the Post-Pandemic Tourism in Bali' (Conference Paper, International Conference: Business Law and Local Wisdom in Tourism, 28-29July 2021) Abstract: Tourism can only thrive when customers feel welcome. Especially in the time of the restart of the tourism industry after the pandemic, there may be an opportunity for the Indonesian tourism industry to correct undesirable developments in the past in order to promote a type of tourism that is sustainable, honest and effective. This concerns economic and strategic marketing decisions, such as addressing specific target groups for tourism services, but also legal framework conditions. Corresponding legal framework conditions can be found particularly in consumer protection law and competition law, but also in the hierarchy between Indonesian federal law and local law. From the point of view of a foreign observer, the paper would like to highlight some legal aspects that could be important for a rebalancing of tourism.
Kresnapratiwi, Avita Gayatri, 'The Legal Responsibility of Employers for Paying Wages of Workers who are Temporary Layoffs During the COVID-19 Pandemic' (2021) 1(4) Nurani Hukum: JURNAL ILMU HUKUM 54-64 Abstract: The COVID-19 pandemic has an impact on the economic downturn in every company, so many companies choose to temporary layoffs their workers. In the case of wages for workers who are temporary layoffs, employers are not allowed to not pay wages while the workers are temporary layoffs, so if the employer is unable to pay the workers' wages according to the minimum wage, the employer can postpone the payment of wages, but must first negotiate with the workers/laborers or labor union. For this reason, this article was written with the aim of knowing the responsibility of employers when temporary layoffs workers during the COVID-19 pandemic. The type of research used by the author in this study is normative juridical research, using descriptive analysis using library data as the main data. The results of this study can be concluded that the act of temporary layoffs workers was chosen by the employer as an effort to anticipate the occurrence of termination of employment. The responsibility of employers if they do not pay full wages to their workers during the COVID-19 pandemic employers can be fined, as regulated in Article 55 paragraph (1) of Government Regulation Number 78 Year 2015 concerning Manpower Wage, whereas for workers because their wages are not paid, they can file a termination between the worker and the employer because employers do not pay wages on the promised time for 3 consecutive months or more and do not do what has been promised.
Krisnady, Kesumadiksa and Desy Churul Ani, 'Quantitative Trade Barrier Regulation under GATT/WTO and Its Implementation Toward Indonesia’s Policy on Food and Animal Commodity During Covid-19' (Conference Paper, International Conference on Trade, Business, Human Right and Globalization (ICHB-HRsG), 11 November 2020) Abstract: With the outbreak of the Coronavirus Disease-19 (Covid-19), all countries are taking all forms of action to prevent the spread, prohibiting exports, and imports. Indonesia has also taken a step and experienced the impact of this export and import ban. in this case is food Commodities; Indonesiarequires exporting countries to obtain an Import Approval Letter (SPI) by including the country of origin of the exporter, as stated in the Ministry of Trade Regulation Number 117 of 2015 concerning Provisions for Sugar Imports and Regulation of the Ministry of Trade Number 29 of 2019 concerning Export Provisions and Import of Animal and Animal Products. The World Trade Organization (WTO), as an international organization in charge of world trade, has regulated the export and import prohibition in Article XI Annex IA WTO Agreement (General Agreement on Tariffs and Trade (GATT)) concerning Restrictions on Quantitative Trade. Then how are the arrangements regarding the quantitative trade restrictions allowed by the WTO? Can the existence of the Covid-19 pandemic be a factualbasis for countries to ban exports and imports? This paper will discuss the interpretation of Article XI GATT, how it will be implemented in WTO cases, then compared whether the requirements listed in the two regulations of the Ministry of Trade above are consistent with the normative interpretation in Article XI GATT.
Kristianto, Fennieka and Fidela Gracia, 'Liability of the Parties in Franchising Due to Pandemic Covid-19' (2021) 2(1) Corporate and Trade Law Review 119-140 Abstract: The occurrence of Covid-19 in recent years provokes a great deal of issues all around the world including Indonesia. It influenced every aspect of life and the most prominent one falls within the economic field. Businesses were dealing with a lot of difficulties and one of them is encountered within the franchising business between the relationship of Indonesian franchisee and foreign franchisor in which a dispute arose within their franchise agreement. This is due to the fact that plenty of restrictions were imposed that cause the Franchisor incapable of importing raw materials for the Franchisee in Indonesia, hence, the Franchisee is unable to start their business here in Indonesia. The Indonesian franchisee has likewise paid a certain amount of the initial fee, thus, the Indonesian franchisee requested a full refund for the delay of the service. Normative legal research is applied in determining the liability of each party and the best possible solution in overcoming the issues within this franchising business. Furthermore, this issue shall be contemplated as hardship instead of force majeure and renegotiation shall be conducted by both parties.
Kurniawan, Itok Dwi, Pujiyono and S M. Hudi Asrori, ‘The Role Of Job Creation Law On Resistance Of Small Medium Micro Enterprises (MSMES) During Covid-19 Pandemic’ (2022) 15(3) Baltic Journal of Law & Politics 15–24 Abstract: Micro, Small and Medium Enterprises (MSMEs) are business units that significantly contribute to economic growth in Indonesia. The MSME sector has become a business unit that contributes to Gross Domestic Product (GDP), absorbs labor, and revives the community’s economy. Thus, MSMEs can be declared as one of the pillars of the nation’s economy, so it needs special attention from the government. However, in its running, MSMEs in Indonesia are facing an economic crisis due to the Covid-19 pandemic that has hitsince 2020. This has made MSME conditions worse due to declining people’s purchasing power, capital problems, and raw materials. Therefore, a comprehensive policy is needed to overcome this, one of which involves Law No. 11 of 2020 concerning Job Creation (UU Cipta Kerja). The purpose of this research is to present knowledge and understanding about the role of the Job Creation Act in creating MSME resistance to the impact of the Covid-19 pandemic.
Kurniawan, Itok Dwi, Ismawati Septiningsih and Jose Gama Santos, ‘Juridical Analysis of Termination of Employment Due to the Covid-19 Pandemic in the Context of Indonesian Employment Law and Citizenship Education’ (2023) 20(2) Jurnal Civics: Media Kajian Kewarganegaraan 396–404 Abstract: The Indonesian government has determined the Covid-19 as a pandemic. This condition forced the government to issue various restrictions, such as working from home and regulations regarding the capacity limit in a room. These restrictions also contributed to the weaknesses that occurred, resulting in many layoffs. It became even more complicated with the stipulation of COVID-19 as a national disaster and the issuance of several laws and regulations, such as Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) to strengthen the reasons for entrepreneurs declaring the pandemic as a force majeure event. The decline in the economic sector has direct implications for the working community (employees) in the formal and informal sectors. This is due to the decrease in the production produced by the company. In addition, the depletion of the availability of industrial raw materials, the weakening of the Rupiah against the Dollar, the decline in Indonesian tourism visitors, and the fall of the composite stock index have forced employers to lay off their workers. One form of legal protection for workers is legal rules related to the termination of employment. Termination of Employment (PHK) is the termination of employment due to certain reasons which result in the termination of the rights and obligations between the worker/laborer and the business owner (Article 1 number 25 of Law 13/2003). The layoff provisions are further regulated in Articles 150-172 of Law 13/2003). The analysis process is descriptive-analytical to obtain an overview of the forms of legal protection for workers from the shadow of layoffs during the pandemic. It is descriptive because this research not only collects, compiles, and presents the data obtained during the research but also includes the analysis and interpretation of laws and regulations with data related to the problem under study.
Kurniawan, Nicko Diaz, ‘Legal Protection of Cancelled Prospective Hajj And Umrah Contributors During Covid-19 Pandemic: The Basis of Law No. 8/2019 Concerning The Organization of Hajj and Umrah’ (2022) 1(3) SRAWUNG (Journal Of Social Sciences And Humanites) 83–90 Abstract: The impact of Covid-19 which caused hajj and umrah trips were having problem, therefore the government has limited these worship activities to held during this pandemic. There are two objectives of this research, such as to find out the accuracy of the government’s policy regarding the cancellation of Hajj and Umrah departures during the Covid-19 pandemic and to analyze the legal protection stipulated under Law No. 8/2019 regarding the cancellation of the departure of prospective pilgrims. The method used in this research is a logical examination method combined with a standardized exploration strategy (juridical regularizing) and a conceptual approach. The existence of this pandemic caused the government to issue a new regulation, that is a decision through KMA No. 494/2020 and KMA No. 660/2021 concerning cancellation of Hajj departures. The policy contains security, safety, and health with the aim that pilgrims are not exposed to the Covid-19 virus. The type of government protection for prospective pilgrims, such as ensuring security, comfort, and funds for pilgrims who cancel their Hajj or Umrah.
Kurniawan, R Firdaus, Mutia Evi Kristhy and Feriza Winanda Lubis, ‘Duties of Government and the Supreme of Law in Emergency: Coronavirus Disaster Outbreak in Indonesia’ (2022) 6(2) International Journal of Health Sciences 931–941 Abstract: The purpose of this research is to evaluate and assess (1) the government’s actions and policies in an emergency crisis that occurred in Indonesia; and (2) the rule of law in Indonesia in emergencies. This study is a descriptive qualitative study that describes government policy and the rule of law in Indonesia during an emergency. This article is based on secondary legal materials, such as books, journals, essays, and other written works from both print and digital media, as well as field occurrences. The study’s findings indicate that (1) the coronavirus illness outbreak is a non-natural disaster, including a pandemic, in which case the government established several strategies throughout the COVID-19 pandemic emergency response period; It is noted that 1 Perppu (Government Regulation in Lieu of Law), 1 PP (Government regulations), 1 Perpres (Presidential Regulation), 1 Inpres (Presidential Instruction), 4 Keppres (Presidential decree), 15 Permen (Ministerial regulation), 19 Kepmen (Ministerial decree), and dozens of decrees and circulars have been issued, which were specifically formed in response to the COVID-19 pandemic situation as a rule of law.
Kurniawan, Wahyudi, Sholahuddin Al Fatih and Tinuk Dwi Cahyani, ‘Online Court Problems During the Covid-19 Pandemic and Its Impact on Advocates in Providing Legal Assistance to Clients’ (Proceedings, 3rd International Conference on Law Reform, 2022) 686–696 Abstract: The World Health Organization (WHO), declared the outbreak of the spread of Covid-19 as the first and foremost health crisis pandemic in the world. Due to the pandemic, human life has changed including legal services provided by advocates where there are rules regarding online trials during the Covid-19 pandemic. This study uses empirical juridical research methods or field research, namely examining applicable legal provisions and what is happening in reality in society. The problems in this study are: 1. What are the advantages of online trials during the pandemic according to advocates in providing legal assistance to clients? 2. What are the shortcomings of online trials during the pandemic according to advocates in providing legal assistance to the clients? The results show that the advantages of online trials according to advocates include: 1. More practical and easier for the trial because it does not have to be present in court. 2. It is more efficient because case information is in one account. 3. More cost-effective while the disadvantages of online trials according to advocates include: 1. Signal interference and technological devices. 2. Lack of effective law enforcement. 3. Violating the provisions of procedural law in proving. So far, the law has always been far behind in the development of community needs, so progressive law is more open and responsive to changes and is not bound by written law. In this case, the law must be placed in the whole of humanity. Thus, the role of judges is more to ensure the fulfillment of community needs for justice and welfare. This means that the existence of the law should reflect the standard of what is good and bad, fair and unfair.
Kusumo, Bambang Ali, ‘Policy of Tax Law Enforcement Pandemic and Post Pandemic Covid 19 in Indonesia’ (Paper, 4th International Conference: Opportunities and Challenges after the Pandemic Era a Reflection to Post Covid 19 Recovery Efforts (The 4th ICTESS 2022), 2023) 170–184 Abstract: Law enforcement in the field of taxation requires administrative and criminal sanctions. In certain circumstances, namely forced circumstances (overmacht or force majeure), the legal sanctions may not be enforced or their implementation postponed due to disasters that hit the community, including in this case the Covid 19 pandemic. The existence of this covid 19 pandemic will affect law enforcement in the field of taxation. Many taxpayers have difficulty in developing their business. The impact of this causes taxpayers to find it difficult to pay off their obligations to pay taxes. In view of this, the Government must issue a policy that is not burdensome to taxpayers. The purpose of this paper is to analyze Law Enforcement Policies in the Taxation Sector during the pandemic and post-Covid 19 pandemic in Indonesia. The main data source used in this writing is secondary data, namely Law no. 28 of 2007 concerning General Provisions and Tax Procedures (KUP), Government policies related to taxation that do not burden taxpayers, both Central and Regional Government policies. The results show that Government Policy in tax law enforcement during the Pandemic and post-Covid-19 pandemic provides tax incentives and tax relaxation to the public, especially the business world, so that its existence is still ongoing. After the Covid 19 pandemic, the Government took a policy of optimizing tax revenues, focusing on VAT, tax regulations, optimizing tax revenues through the expansion of the tax base. Keywords: Law Enforcement, Taxes, Covid and post Covid 19.
Kusumo, Bambang Ali, Rozi Irfan Rosyadhi and Sabila Malinda K, ‘Tax Law Enforcement Policy during the Covid-19 Pandemic in Indonesia’ (2022) 5(1) International Journal of Law Management & Humanities 625–635 Abstract: Domestic sources of funds that contribute greatly to development are from the tax sector. Taxes are the mainstay of the state revenue and expenditure budget (APBN)1–4. With such a large role of taxes, it reminds taxpayers of legal awareness to pay taxes both by socializing the Tax Law and the need to apply administrative sanctions and criminal sanctions. During the Covid-19 pandemic, many taxpayers, both individuals and legal entities or corporations, experienced problems in their income. Therefore, there are obstacles in paying taxes. In such conditions, the Government has a very good policy, namely that the fiscus or the government should give sanctions to taxpayers for not being able to pay taxes, instead the Government provides incentives to taxpayers and provides relaxation or concessions in paying taxes. With the hope that in the future, when conditions are normal, they will become good taxpayers.
Laely, Mafidhatul et al, 'Criminal Law Aspects of Forcibly Taking the Corpse of Suspect/Probable COVID-19 Patients in Hospitals' (2021) 3(21) Medico Legal Update 372-379 Abstract: The purpose of this study is to find out the Criminal Law aspects of forcibly taking the corpse of suspect/ probable Covid-19 patients in Hospitals. Efforts to forcibly taking the corpse of suspect/probable Covid-19 patients by family continue to occur in a number of areas, often by mobilizing masses. Hundreds of people came to the hospital to forcibly taking the corpse of Covid-19 patients who had just died. There are so many cases of forcibly taking the corpse of suspect/probable Covid-19 patients that have occurred in Indonesia, but no legal action has been taken by law enforcement officials to take action against and detain the perpetrators of forcibly taking the corpse of suspect/probable Covid-19 patients. This caused the absence of legal certainty, both legal protections for the Hospital and for the patient’s family.
Lasmadi, Sahuri, 'The legal act on counterfeiting the COVID-19 vaccine in Indonesian health law' (2021) 2(5) International Journal of Law Reconstruction 273-291 Abstract: The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research. The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act of Covid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.
Lathifah, Anthin, Briliyan Ernawati and Anwar Masduki, ‘Problems with the Islamic Legal System Regarding Child Marriages in Indonesia during the Covid-19 Pandemic Period’ (2022) 22(2) Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 155–176 Abstract: The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman & Hayden’s legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance where the Marriage Law stipulates the age of a bride to increase from 16 to 19-year-old as contained in article 7 paragraph (1) of the Marriage Law number 16 of 2019, while at the same time it enables child marriages to be carried out through a marital dispensation request, it acknowledges marital vows (ithbat), and there is an absence of legal sanctions for violating the Marriage Law; (2) the problem related to the legal structure of child marriages that is rooted in the formation, enforcement, and development of child marriage law; and (3) the problem of legal culture in relation to the legal behavior of child marriage, unregistered marriages (sirri) for minors, and the lack of social arrangements to promote the culture of marriage at a mature age. Therefore, this paper offers a reconstruction of the Islamic legal system in terms of legal substance, legal structure, and legal culture to minimize child marriage practices in Indonesia.
Listio, Ronald and Faisal Santiago, 'Analysis of the Role of Insurance Law of the Impact of the Covid-19 Pandemic for Indonesian Community Insurance' (Conference Paper, Proceedings of the International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: Insurance is something that is often discussed today in people's lives. The problems that will be discussed in this study are the public lack of understanding of insurance laws, inefficient or late payment claims processes, rejected insurance claims, unaffordable premiums for the lower middle class, and the causes of premium income to decline due to the Covid-pandemic. 19, weak regulatory oversight. The purpose of this study is to clarify the definition of insurance law, the selection of the right insurance, the rights of customer claims are regulated by the Financial Services Authority Rule, the customer understands insurance law regarding rejected claims, the role of a firm regulator in evaluating and supervising and overcoming problems in the insurance industry for legal protection. for the community. The method used in this research is qualitative research methods. The procedures for data collection in the form of interviews, data from field observations, analysis sourced from books. The results of this study indicate the insurance laws that govern the insurance industry in Indonesian society. Customer relationships with insurance companies are regulated by statutory regulations. Firmness of regulators in handling problems in insurance. The existence of insurance law must be understood and obeyed by the insurance company and the customer as well as the regulator must be able to be firm in carrying out its duties.
Loin, Raymundus et al, ‘Assimilation and Integration for Prisoners in the Middle of the Covid-19 Pandemic Based on Minister of Law and Human Rights Regulations Number 10 of 2020’ (2023) 7(2) Journal of Law and Policy Transformation 62–74 Abstract: The provision of assimilation and integration programs is one of the answers to the problem of overcrowded prisons . As a result of being overcrowded, prisons cannot implement the health protocol, namely physical distancing recommended by the government. Policies for implementing assimilation programs during the Covid-19 pandemic should be accompanied by legal policies whose impacts can be beneficial for the legal system in Indonesia, especially regarding criminal policies, namely through reconstruction and/or reformulation of the criminal system and criminal sanctions through the application of social work criminal sanctions and prevention and/or or crime prevention through restorative justice efforts and this is taken into consideration as an effort to resolve the over capacity problem.
Mangku, Dewa Gede Sudika, Rahayu Subekti and Ni Putu Rai Yuliartini, ‘Legal Protection for Consumers Recipient of COVID-19 Vaccine in Indonesia’ (2022) 6(2) International Journal of Health Sciences 956–964 Abstract: The purpose of this study was to determine the legal protection provided to COVID-19 vaccine recipients under the Indonesian consumer protection law. This study employs normative legal research methods. This study was a qualitative descriptive study and described the level of quality of infectious waste management in the household which was reviewed based on the relevant laws and regulations. The article used secondary legal materials, namely books, journals, articles, and other written works from print and internet media, and the phenomena that occured in the field. According to the findings of this study, the type of consumer protection for recipients of the COVID-19 vaccination under Indonesian consumer protection law is the application of preventive and repressive legal protection and civil and criminal liability in line with existing laws and regulations.
Mansyuroh, Firqah Annajiyah and Rahmat Fadillah, ‘Opportunities and Threats of Online Loans During the Covid-19 Outbreak: The Importance of Disseminating Sharia Economic Law to South Kalimantan Society’ (2022) 3(1) Proceeding International Seminar of Islamic Studies 687–694 Abstract: During the covid-19 outbreak, there was a drastic decrease in income with living expenses that still had to be met, causing people to finally decide to take out loans to meet their daily needs. This also happened to the people of South Kalimantan, where there were cases of illegal online loans that violated sharia economic law in various aspects. This paper examines the importance of disseminating sharia economic law during the covid-19outbreak.This topic is theoretically and practically important in legal culture. Public Understanding of the opportunities and threats of online loans cannot be separated from the intensity of dissemination and counseling carried out to society.This research combinesempirical legal analysis with survey method to see how the opportunities and threats of online loans are according to South Kalimantan’s people. The results of this study will show that public welfare and the principle of legal fiction must be supported by the dissemination of law to the entire public of South Kalimantan.
Manullang, Sardjana Orba, 'Giving COVID-19 vaccines to citizens: Understanding legal basis' (2021) 3(5) International journal of health sciences 364-372 Abstract: This paper aims to understand the legal basis for administering the COVID vaccine to Indonesian citizens. In order to complete this understanding, we have collected data on the evidence of the study of publications from several journals that have a high level of investment in the discussion on the legal point of giving vaccines to the public and many journals that raise the issues of this COVID outbreak. So, after we collect the data, we continue with a study involving the coding system, evaluate the data carefully, and then try to interpret it as much as possible to get answers that we consider validity and reliability in answering this legal study issue. After we reviewed our data and continued our discussion, we finally found that the state has a legal umbrella in implementing the COVID-19 vaccination program for all Indonesian citizens with so many legal foundations, so at this moment, the results of our study will be helpful in the development of legal studies discussions and problems with the rising COVID vaccination program in Indonesia future.
Marzuki, Marzuki et al, 'Legal Effectiveness in Handling Covid-19 in Batu Bara Regency North Sumatra Province' (2021) 3(2) INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW 47-53 Abstract: Covid-19 or “Severe Acute Respiratory Syndrome Corona Virus 2 (SARS-COV-2) become an epidemic for almost all countries in the world, including Indonesia. In Batu Bara Regency, based on the data obtained, there were also 259 confirmed cases, and 119 positive Covid-19 people, 2 cases died and 86 people recovered. Therefore, to overcome the Covid-19 case, Bara Bara Regent Regulation Number 58 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control Corona Virus Disease 2019 in Batu Bara Regency and various implementing regulations, so research is needed to review the effectiveness of the law in handling Covid-19 in Batu Bara Regency. This study uses normative and empirical legal research, with a statute approach, a case approach and a conceptual approach. Based on research data, the level of public knowledge of the regulations issued by Batu Bara Regency Government in tackling Covid-19 is very high, namely from 235 respondents there are 168 (71.49%) who know, while only 67 (28.51%) do not know). Even the respondent's questionnaire data shows the public's desire to give strict sanctions for health protocol violators, namely 200 (85.11%), while only 35 (14.89%) disagree. However, based on research data, respondents indicated that only 35 (14.9%) stated that an action had been taken, while 200 (85.1%) stated that there had been no significant action taken by the Batu Bara Regency Government against violations, which means the effectiveness of the Regent Regulation. Batu Bara Regency No. 58 of 2020 has not fully materialized. Therefore, it still needs strengthening to become a Regional Regulation, and it must be continuously provided with legal socialization to the public, especially those related to the response to Covid-19, so that it can create better legal awareness of the community.
Masnun, Muh Ali, Eny Sulistyowati and Hananto Widodo, 'Patent Vs Trade Secret: Considering the Legal Protection of Covid-19 Vaccine in Indonesia Related to the State Intervention' (2020) (473) Advances in Social Science, Education and Humanities Research 352-356 Abstract: The purpose of this study is to analyze how the legal protection of Covid-19 vaccine through an intellectual property rights protection approach. The protection is to weigh between patents and trade secrets by linking state intervention with the basis that the Covid-19 pandemic has become a global problem so there must be state interference in this matter. Research used normative juridical supported by both primary and secondary legal materials. The results of the study that the legal protection of Covid-19 can use patents or trade secrets. Patents and trade secrets as an IPR regime the inherent exclusive rights granted by the state, however, are unlimited. One form of limitation of exclusive patent rights is the rules regarding compulsory licenses, while limiting exclusive rights to trade secrets by allowing the disclosure of trade secrets on the grounds of public health and safety. State intervention in protecting the public of patent or trade secret exclusivity is by applying compulsory licenses to patents or disclosing information on trade secrets.
Maulana, Dedek, Kusbianto Kusbianto and Azmiati Zuliah, ‘Labor Law Protection Due To Termination Of Employment Due To The Covid 19 Pandemic’ (2022) 1(1) Jurnal Legalpreneur 10–17 Abstract: The covid 19 pandemic influenced the implementation of the agreement experienced between PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya where work was hampered due to regulations during the pandemic which required workers from outside the region to be quarantined for 14 days and there was a decrease in economic capacity which affected the implementation of the agreement. Indo Hutama jaya? How is the legal protection of contractors with goods/services contractors in procurement agreements during the covid 19pandemic?. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Based on the results of the study, the conclusion in this study is that delays occur almost in every implementation and have different problems, factors that cause delays in the implementation of contracts that occur in PT. Indo Hutama Jaya and PT. Dharma Agung Wijaya explained that both the First party and the second party are exempt from liability for failure or delay in performing the obligations under this contract, caused by things beyond the reasonable ability of the parties and not caused by negligence of the parties. Responsibility of the board of directors for the contractual relationship with the second party where the board of Directors is responsible for controlling and supervising the implementation of the contract in accordance with the scope of work, cost, term and other provisions agreed.
Mayana, Ranti Fauza, 'Needs for a Comprehensive Copyright Legislation on Over-The-Top Platform in Breaking Covid-19 Cycle' () 1(10) NTUT Journal of Intellectual Property Law and Management 67-79 Abstract: New advances in the era of digital disruption have brought changes from the conventional era to the digital era during the Covid-19 pandemic. The changes have impacted on the economic industry and government as well as the emergence of new businesses from innovators to make strategies through digital platforms. This study aims to evaluate the protection of Copyright Law through the Over-The-Top platform from the perspective of Indonesian positive law and how the regulations and practices of using copyright objects on the Over-The-Top digital platform in breaking the cycle of Covid-19 pandemic. This study applies a normative juridical method, by providing explanations based on the provisions of the applicable law. Additionally, this study also utilizes a comparative juridical method by comparing several regulations. The results of this study indicate that, firstly, in Indonesia until recently, there has been no adequate regulation on the Over-The-Top Digital Platforms as well as changes in Digital Transformation based on Cyber law in Indonesia. Secondly, during the Covid-19, there have been many benefits from the digital platforms since the Government implemented the Work From Home policy. These platforms can be used to continue carrying out activities from home. Further, these platforms are also useful in breaking the Covid-19 cycle in Indonesia.
Mayana, Ranti F and Tisni Santika, ‘The Social Function of Intellectual Property and Government Intervention in Mitigating the Pandemic: A Perspective from Indonesia’ (2022) 25(3) The Journal of World Intellectual Property 694–713 Abstract: Indonesia declared Corona Virus Disease 2019 (COVID-19) a Public Health Emergency based on Presidential Decree No. 11 of 2020 considering the extensive victims and extraordinary impacts. This study analyzes how Indonesia addresses the social function of intellectual property and government intervention in mitigating the pandemic. This study shows that outside the patent waiver provisions, implementation is the key. Indonesian Government has set a strategic framework in accordance with the guidelines of the WHO by simultaneously takes two strategies of vaccine provision and procurement: First, purchasing vaccines from abroad and/or collaborating with national and/or international institutions, Second, the development of ‘Vaksin Merah Putih’ (Red and White Vaccine) independently in the country through a triple helgix synergy involving the government institutions/ministries, universities, and industries. The provision of COVID-19 Vaccines in Indonesia is free as a form of responsibility and presence of the state. Government is also continuously expanding its public communication network to eliminate vaccine hesitancy. Lastly, Indonesia has adopted the TRIPs Waiver provisions through the Indonesian Patent Law, Government Regulation Number 77 of 2020 concerning Procedures for Patent Implementation by the Government, Regulation of the Minister of Law and Human Rights No. 14 of 2021 concerning Amendments to the Regulation of the Minister of Law and Human Rights No. 30 of 2019 concerning Procedures for Granting a Compulsory Patent License. These regulations will later become the basis for the government, whether it will eventually implement a patent license through a compulsory license system or a government use the patent system not only for the COVID-19 vaccine but also other essential medicines in mitigating the pandemic.
Maysarah, Maysarah, 'Hospital Responsibilities for the Use of Covid-19 Handling Funds Based on a State Administrative Law Perspective' (2020) 2(1) International Journal Reglement & Society (IJRS) 44-52 Abstract: Hospitals as a device or component of health have responsibility for the funds for handling Corona Virus Disease (Covid-19) in Indonesia. During this pandemic, hospitals certainly play an important role for public health, especially those with Covid-19. The method used in this research is normative law research which combines the data obtained from library materials and then analyzed qualitatively. From the research results it is known that the Government is taking action quickly, precisely, and accurately in handling the Covid-19 pandemic. The government's steps in handling the Covid-19 pandemic were carried out by combining the use of statutory authority, policy regulations, actions of government agencies and officials, and bureaucratic support as a policy implementing organ. In handling the Covid-19 pandemic, the President took a policy by establishing a Government Regulation in Lieu of Law (Perppu) Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Corona Virus Disease (Covid-19) Pandemic and / or in the Context of Facing Dangerous Threats National Economy and / or Financial System Stability on March 31, 2020. That the responsibility of the hospital is to use the funds for handling Covid-19 to provide medical devices related to prevention or treatment of Covid-19 such as PPE, test kits, reagents, ventilators, hand sanitizers and others.
Miftahudin et al, ‘Empowering Students’ Religiosity to Fight Radicalism and Anarchism after Covid-19 and The Act of Omnibus Law at Higher Education’ (2021) 21(2) Al-Ulum 345–361 Abstract: Radicalism and anarchism can be carried out by students who are studying at public or private universities, especially in Serang City, Banten Province. The purpose of this study is to examine and improve the religiosity of university students in Serang City in countering radicalism and anarchism. The research used a qualitative approach with phenomenology as a method. The results of this study conclude that the religiosity of students in Serang City can be improved in several ways; carrying out periodical Islamic studies, istighasah (praying), learning to read and write the Qur’an, commemorating Islamic holidays, reviewing Islamic books, I’tikaf (staying) and taking care of the mosque, and going a pilgrimage. The role of universities in countering radicalism and anarchism, meanwhile, is by assigning Islamic religious education lecturers to guide and control the students to follow those activities.
Mubarak, Syaugi, ‘Implementing the Fiqh of Disaster in Islamic Criminal Law Perspective and Legal Relevance of Mui’s Fatwas during the COVID-19 Pandemic’ (2023) 18(1) International Journal of Criminal Justice Sciences 79–96 Abstract: Islamic criminal law has co-existed as a major legal system along with other community laws. When pandemic occurred and instinbᾱth al hukm (fatwas) were issued by MUI, it was argued whether the noncompliance of these fatwas would be seen as a criminal offence under the Islamic criminal law; Islamic legal experts opine that kejahatan or any unlawful act that is injurious to human body, property or morals is a forbidden act and carries punishment under the category of criminal offence. This study aimed to establish how the fatwas of the MUI related to the COVID-19 pandemic in Indonesia were seen as disaster fiqh or legal maxims and whether they could be equivalent to the laws such as Law of the Republic of Indonesia, Number 24 of 2007, concerning Disaster Management; or Regulation No 21 of 2008 Implementation of Disaster Management. The fatwas of the MUI and sampled for this study were issued during 2020 and 2021. The results showed that the legal maxims in MUI fatwas during the COVID-19 pandemic were treated as a product of disaster fiqh. It was reiterated that the fiqh of disaster should be seen as a product of MUI’s ijtihad and that it can serve as a guide for Indonesian Muslims to regulate themselves during the pandemic. This study contributes to providing insights into the legal principles used in MUI fatwas during the pandemic.
Muhidin et al, ‘Digital Acceleration During Covid-19 Pandemic: How the Indonesian Constitutional Court Brings the Citizens Justice’ (2023) 14(2) International Journal for Court Administration Article 1 Abstract: The Covid-19 pandemic has changed all aspects of people’s lives, starting from social, political and economic conditions, but not in the world of justice. Because the judicial process must continue to ensure access to justice for justice seekers, as a judicial institution, the Indonesian constitutional court will undoubtedly continue to provide justice through various methods of digital acceleration. Several accelerations successfully developed by the court include online trials, online application submissions, online decisions, and copies of decisions that can be downloaded on the website. This article will discuss how the court provides justice during the Covid-19 pandemic. Interestingly, filing requests for judicial review experienced a significant increase during 2020-2022, even though the Covid-19 pandemic was hitting the world. During that period, the court decided several times on exceptional cases restoring society’s sense of justice.
Muhlizar, Muhlizar, Syafil Warman and Joharsah, ‘A Legal Protection Effort Workers in Covid-19’ (2023) 2(1) Rowter Journal 28–35 Abstract: Trade unions are formed by workers by ensuring that their position and rights as workers can be balanced with the obligations they perform for employers. In the relationship between workers and employers or employers, it is undeniable that the position of workers is higher. And sometimes it results in the arbitrariness of the employers towards their workers. To reduce and deal with the possibility of this arbitrariness, workers should have an association which is usually called a trade union. with trade unions, workers can unite so as to balance their position with employers. Article 1 paragraph 1 expressly states that a trade/labor union is an organization formed from, by and for workers/laborers both within the company and outside the company, which is free, open, independent, democratic. This study uses a normative juridical approach, namely by collecting, studying and analyzing and understanding law as a set of rules or positive norms in the statutory system that regulates human life. In Law no. 21 of 2000 concerning Worker/Labour Unions spells out what the objectives of trade/labor unions are to provide protection, defend rights and interests, and improve proper welfare for workers/laborers and their families.
Mu'in, Fathul et al, 'Reinterpretation of livelihoods in marriage law and its implications on family resistance in the time and post COVID-19' (2021) 2(1) SMART: Journal of Sharia, Traditon, and Modernity 113-127 Abstract: The rules regarding a living in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law imposes the obligation to earn a living only on the husband. These two regulations create problems in society. Many wives demand a living from their husbands. Not a few wives also have jobs and income, but they are spent on their own needs, including for consumptive things, channeling hobbies and others because they think that fulfilling a living is not part of their obligations. This condition is coupled with the interpretation of a number of verses of the Qur'an and the traditions of the Prophet which are still patriarchal. The marriage law and a number of verses of the Qur'an and the Prophet's hadith need to be reinterpreted. This is because the development of an increasingly advanced era makes the role of women not only as wives who only take care of the household, but also as one of the contributors to the economy. This research uses the library research method. This study concludes that the livelihoods in these two laws and regulations need to be updated to be relevant to current conditions. Supposedly, the wife also has the same obligation in matters of livelihood. The reinterpretation of livelihood using the interpretation of mubadalah is to produce the principle of mutuality. The wife can even be the main breadwinner under certain conditions. This interpretation has implications for the fulfillment of the family's economy during the pandemic and post-covid-19 pandemic. Because, in difficult economic conditions, the wife participates in helping the family economy on a macro basis or even as the main provider in the household who changes places with her husband.Keywords: Reinterpretation, Livelihoods, Marriage Law, Family Resistance, Covid-19
Mukhlis, Muchammad Fauzan and Faridatul Fauziah, 'The Risk of Pregnancy and Labour during the Covid19 Pandemic Relationship to Children's Health Insurance Related To Law No 35 of 2014 Concerning Child Protection and Law No 36 of 2009 about Health' (2021) 4(4) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 11264-11274 Abstract: Pregnancy and childbirth are happy moments for every mother-to-be in the world. However, pregnancy and childbirth during a pandemic have risks for transmission to both the mother and the fetus. Thus, giving attention to children is given since the child is conceived, during the delivery process and after delivery. During the COVID-19 pandemic, mothers can check their pregnancy 6 times during pregnancy. Preparing to give birth during the COVID-19 pandemic needs to be considered. The choice of place to give birth, be it at home, clinic, or hospital, taking into account the risks and benefits. After the baby is born it is important to continue to do consultations, including undergoing routine immunizations. Every mother should be more active in asking about safe ways to make appointments for consultations and immunizations in the midst of a pandemic. Given the bad impact, the government pays special attention to child protection by issuing Law Number 35 of 2014 concerning Child Protection in Article 1 it is stated that children are given special protection, namely a form of protection received by children in certain situations and conditions to get guarantees. a sense of security against threats that endanger themselves and their lives in their growth and development. Law Number 36 of 2009 concerning Health states that maternal health efforts must be aimed at maintaining maternal health so that they are able to give birth to a healthy and quality generation and reduce maternal mortality. Therefore, the role and alertness of the government and health workers as the front line in handling Covid-19 can provide peace to pregnant women through pregnancy and childbirth in the midst of a pandemic. Pregnant women need to pay more attention to complying with health protocols even though they have made an agreement to consult with health workers when preparing for pregnancy and childbirth during the COVID-19 pandemic
Mukhsin, Mukhsin, ‘Juridical Overview of The Implementation of Regional Autonomy Related to the Government Legal Politics of Budgeting for the Covid-19 Actions’ (2023) 7(2) Syiah Kuala Law Journal_ _Abstract: Article 18 verse (2) of the 1945 Constitution of the Republic of Indonesia it says: ‘The regional governments of the province, the regency, and the municipality shall regulate and manage their own government affairs according to the principles of autonomy and duty of assistance.’ However, with the encactment of the Act Number 2 of 2020, requires the regional governments to refocus their budgets, thus impacting on the disruption of regional autonomy implementation as mandated by the constitution, especially in the field of budgeting. The results of the study indicate that the implementation of regional autonomy in Banda Aceh City is related to budgeting for the actions of the Covid-19 after the enactment of Act Number 2 of 2020 namely the enactment of the Banda Aceh Mayor Regulation Number 19 of 2020 as the legal basis for shifting the budget from the budgets that had been previously set in the pure Regional Budget of 2020 to the budget directed at actions of the Covid-19 such as incentives for medical personnel, medical equipment materials including vaccination costs, as well as incentives for the field officers who carry out vaccinations, so that they have an impact on priority programs and activities with ceilings that have been set in the Banda Aceh City of RKPD which refers to the Banda Aceh City of RPJMD of 2017-2022. The controlling and the budgeting functions of the Banda Aceh DPRK can run as usual. The implementation of this function is carried out by discussing with the Budget Team of the City Government of Banda Aceh with the City Councils Budget Board of the Banda Aceh DPRK.
Mukti, Abdul and Muhammad Wildan Ramdhani, 'Lockdown Policy As A Corona Desease (COVID-19) Management Efforts Asked From The Environmental Aspect Of Life Based On Law Act No. 32 Of 2009 Concerning Protection And Management Of Environment' (2020) 1(3) Veteran Law Review 22-36 Abstract: The government has formed the COVID-19 (Task Force) Acceleration Countermeasures Group to discuss strategies to deal with the Corona Virus outbreak. One of Covid-19's coping strategies, namely: Social restrictions in the form of Lock Down with modifications or rules that are clarified and clear in priority areas as of now, but proposals in the form of Lock Down in priority areas such as DKI are not approved by the government. Although in the end the DKI Jakarta Government issued a policy after approval from the central government through the Minister of Health in the form of Governor's Regulation Number 33 Year 2020 concerning the Implementation of Large-Scale Social Debate in Handling Corona Disease 2019 (COVID-19) in the Special Capital Province of Jakarta and Governor Decree Number 380 Year 2020 concerning the Imposition of the Implementation of Large-Scale Social Restrictions in Handling Corona Disease 2019 (COVID-19) in the Special Capital Province of Jakarta. If the lockdown is really implemented, then this effort will indirectly have an impact on the environment, because the policy will relate to space that includes all objects, power, conditions, and living things, including humans and their behavior, which affect nature itself, continuity of life, and the welfare of humans and other living things. Therefore it is necessary to examine the relationship between the lockdown policy and COVID-19 countermeasures in the perspective of the Environmental Protection and Management Law. The author intends to find a connection point between the lockdown policy by looking at the impact it has on the environment by referring to the Law Act No. 32 Of 2009 Concerning Protection And Management Of Environment.
Mulkan, Hasanal, ‘Criminal Elements in Debt Restructuring During The Covid-19 Pandemic: Between Business Continuity and Legal Compliance’ (2022) 11(2) Legal Brief 1223–124 Abstract: The coronavirus (Covid-19) pandemic has hit the world economy, including Indonesia. In addition to direct handling of the epidemic problem, the government is also preparing to anticipate the impact of the economic slowdown caused by the pandemic. The government has issued regulations in relation to the forms of restructuring that can be carried out by banks and national financial institutions with their debtors that open up various alternative patterns of restructuring the settlement of obligations based on POJK No. 11 of 2020. This regulation has the potential to create an imbalance between creditors and debtors. The regulation provides the dominant flexibility for creditors to assess and offer forms of restructuring, so that there is the potential for an imbalance in the form of restructuring between creditors and debtors. The law enforcement scheme has its relevance to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities.
Mursan, Usman Arifin and Sahat Sinurat, ‘The Impact of the Covid-19 Pandemic on Labor Relations in the Indonesian Oil and Gas Industry from the Perspective of Labor Law’ (2022) 10(5) Infokum 872–879 Abstract: This study aims to find out whether the Covid-19 pandemic can be used as one of the reasons for the efficiency of companies in Oil and Gas (MIGAS) Industry to carry out Termination of Employment (PHK). The type of method used in writing this description is a normative legal research method using secondary data sources, namely through the statutory approach, conceptual approach and case approach. The data collection technique in writing this paper uses library research and the data is then analyzed qualitatively. The results of this study conclude that the Covid-19 pandemic cannot be directly used as the basis for the inability of parties in the Oil and Gas (MIGAS) industry to fulfill their achievements. It is necessary to prove a causal relationship that it is true that the inability is caused directly by the influence of the Covid-19 pandemic but is more emphasized on renegotiation of work agreements affected by the Covid-19 pandemic ending in deliberation and consensus in this case if Termination of Employment (PHK) is done, the employer continues to pay compensation to the Worker.
Muslih, Muhammad and Supeno Supeno, ‘Financial Technology: Digital Legal Challenges and Indonesia’s Economic Prospects after Covid-19 Outbreak’ (2022) 30(2) Legality: Jurnal Ilmiah Hukum 255–266 Abstract: Online loans are one of the financing business models organized using applications on the internet, the online loan business is currently developing so fast because it offers loans that can reach a sufficiently large amount with easy terms, procedures, and transaction processes, all intended to improve people’s economic conditions. However, its implementation still sparks many legal problems and presents challenges for digital law in Indonesia. This study aims to study the challenges faced by Indonesian digital law due to the growth of the online loan business and to explore how the prospects of the online loan (fintech) business in improving the economic conditions of the Indonesian people. This research used empirical juridical methods, a case, and a statutory approach. The results showed that the challenges faced by Indonesian law in anticipating the growth of online businesses tainted by various legal cases require a more comprehensive rule of law in the form of legislation, thereby supporting the growth of prospects of the online loan business in an effort to improve the economy of the people of the state.
Nasution, Faisal Akbar and Bambang Antariksa, ‘A Comparison of Indonesia and Malaysia Legal Responses in Handling Covid-19’ (2023) 11(12) Journal of Law and Sustainable Development e2380–e2380 Abstract: This paper aims to know about COVID-19 pandemic has become a global threat and spread of the virus reaches Indonesia and Malaysia. The response to Covid-19 has been governed by Indonesia and Malaysia laws and legislation. This paper aimed at assessing why was the legal response of Malaysia more successful in handling COVID-19 than that of Indonesia?
Nasution, Mirza and Muhammad Yusrizal Adi Syaputra, 'The Dynamics of Law Enforcement in Regional Head Elections During COVID-19 Pandemic' (2021) 2(8) Jurnal Pembaharuan Hukum 193-204 Abstract: The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.
Nasution, Muhammad AS et al, ‘Reconstructing Legal Protection for the Medical Profession in the Face of Medical Disputes during the COVID-19 Pandemic from the Dignified Justice Perspective’ (2024) 10(3) Russian Journal of Forensic Medicine 345–362 Abstract: Healthcare involves various stakeholders, including hospitals, healthcare professionals, such as doctors, nurses, and others, as well as patients. The direct relationship typically occurs between doctors and patients. In carrying out their duties, doctors always adhere to standard operating procedures, medical records, and informed consent. The COVID-19 pandemic in Indonesia has led to a surge in the number of COVID-19 patients requiring treatment by doctors. On the one hand, doctors and other healthcare professionals face numerous challenges in providing healthcare services, potentially failing to ensure legal certainty for them. Based on the research, it is evident that legal protection is derived from regulations related to recognition, protection of rights, and other relevant legal provisions. Legal protection for the medical profession during the COVID-19 pandemic is also framed within the framework of Pancasila, integrated with the Dignified Justice Theory. Legal protection for doctors in the COVID-19 rapid response task force is evident because healthcare professionals have received legal protection through supervision and guidance provided by local governments and their employing institutions in handling COVID-19.
Novita, Thasya and Elfia Farida, ‘Legal Protection of Rights to Personal Data in Digital-Based Health Services for Indonesians (E-Health during the Covid-19 Pandemic)’ (Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia, 2023) [unpaginated] Abstract: The implementation of e-health in Indonesia is one form of e-government implementation, which is effective for realizing good governance. The use of information technology in the implementation of e-health raises legal issues regarding the protection of patient’s personal data. This research examines how the legal protection of the right to personal data of patients in the implementation of e-health. This research used a doctrinal approach, and the collected data was analysed qualitatively. The results of this research indicate that the patient’s personal data has been protected by law through the ITE Law, Health Law, Hospital Law, and the medical code of ethics as well as the ICCPR. Patients as protected parties have the right to demand accountability from health service providers in the event that a violation of the right to personal data. Confidentiality of patient health information has a close affiliation with patient rights and medical ethics. The existence of the principle of non-maleficence in health practice provides an opportunity for health workers to provide limited information about the medical condition of COVID-19 patients to outside parties who have an interest.
Nugraheni, Destri Budi et al, ‘Problem Identification of Islamic Law Implementation in COVID-19 Mortuary Practice in Indonesia from the Perspective of Forensic Pathologists’ (2023) 17(2) Indian Journal of Forensic Medicine & Toxicology 25–31 Abstract: Indonesia consists of many different ethnic groups and religions. Islam is the major religion in Indonesia, thus also rendering Islamic tradition as being significant in Indonesia. This is also the case with Islamic law. In March 11, 2020, COVID-19 was declared as pandemic by WHO. Since then, there were reported cases of forceful seizure of deceased bodies by the deceased’s family in Indonesia. The aim of this research is to understand the problems related with Islamic law implementation in COVID-19 mortuary practice in Indonesia from the perspective of forensic pathologists. This study also aims to analyze whether the solutions given are in accordance with Islamic law. The sampling method used was convenience sampling. The respondents were forensic pathologists from different areas in Indonesia. 19 out of 20 respondents reported problems and solutions. The solutions were in accordance to Islamic law. Problem that is present in mortuary practice in the context of muslim COVID-19 patients are related to the bathing and shrouding process. There is distrust on whether proper care had been carried out. The situation happened due to the community’s lack of comprehensive understanding of proper Islamic mortuary practice in COVID-19 pandemic context.
Nugroho, Wahyu and Erwin Syahruddin, 'Law Enforcement and Fulfillment of the Right to a Healthy Environment Related to Forest Burning during the Covid-19 Pandemic in Indonesia' (2020) 4(13) Journal of Politics and Law 17-27 Abstract: Law enforcement against forest burning during the Covid-19 pandemic was carried out extraordinary. The state is obliged to fulfill the rights of citizens to a good and healthy environment, to overcome forest fires. The country must also restore environmental quality from smoke pollution, as well as the government's commitment to tackling climate change due to forest fires during the Covid-19 pandemic. In this article, the problem is how is law enforcement against forest burning during the Covid-19 pandemic? and how to fulfill community rights to a healthy environment related to forest burning during the Covid-19 pandemic? The method used is a variety of literature and information media during a pandemic related to forest burning, as well as the Law on Environment and Forest Management, using qualitative juridical analysis. In conclusion, first, law enforcement against forest burning during the Covid-19 pandemic is carried out extraordinarily by implementing a system of heavy sanctions, revoking permits, optimizing the recovery costs for Covid-19 response to the results of corporate efforts to guarantee the economy of citizens and donations to the state to address the handling of Covid-19, and to involve indigenous peoples in forest areas with local wisdom that contribute to reducing carbon emissions, so that climate change can be resolved during the Covid-19 pandemic; second, the fulfillment of people's rights to a healthy environment related to forest burning during the Covid-19 pandemic is a state obligation guaranteed by the constitution, maintaining good environmental quality, and Indonesia's commitment to reducing carbon emissions and forest fires due to climate change, as well as law enforcement, oriented towards fulfilling the rights to the environment and health of citizens.
Nurdin, Ridwan, Muhammad Ridwansyah and Zakyyah Iskandar, 'Reconsidering nafaqah of family resilience during the COVID-19 pandemic in Islamic legal perspective' (2021) 1(45) MIQOT: Jurnal Ilmu-ilmu Keislaman 27-41 Abstract: The main goal of this research is to comprehend deeply the relation between husband and wife relating to the responsibilty of nafaqat in their family. The methodology used is juridical-sociological; where the data analyzed from textual livelihood obligations conditional or current contextual forces that all family members also have a responsible role in terms of living. The results of the study are as follows: that al-Baqarah requires a husband to provide a living to his wife, but in another context, a wife or other family members can play a role in maintaining family resilience during the Covid-19 pandemic resistance. In reality, however, the nafaqat become mutual responsibility of the husband and wife without any objection.
Nurhafifah, Nurhafifah and Teuku Irvan Riyadi, 'Implementation of Assimilation of Criminals in The Time of The Covid-19 Pandemic: A Study in The Legal Area of Class IIA Prisons in Banda Aceh' (2021) 3(5) Syiah Kuala Law Journal 305-316 Abstract: The Decree of the Minister of Law and Human Rights Number M.HH-19.PK.01.04.04 of 2020 concerning the Release and Release of Prisoners and Children Through Assimilation and Integration in the Context of Prevention and Control of the Spread of Covid-19 stated that the provision of assimilation was given to reduce the prevention of Covid-19 However, in the implementation of the assimilation of prisoners at the Class IIA prison in Banda Aceh, it is still not running optimally due to increasing public concerns and unrest amid economic difficulties as a result of the Covid-19 pandemic. In an effort to provide assimilation of inmates with the Assessment and Supervision system of officers to assimilation prisoners at the Class IIA Banda Aceh Prison, the prisoners must behave well, as evidenced by not undergoing disciplinary punishment within the last 6 months.
Nurhayati, Siti and Fenolia Intan Saputri, ‘Legal Compliance of the Community in the Transition Period from Pandemic to Endemic Covid-19: A Study Analyzing the Effectiveness of PPKM Policies’ (2023) 1 Proceedings of the International Seminar on Sharia and Law 31–44 Abstract: This article aims to review the effectiveness of community activity restriction policies (PPKM) in preventing coronavirus disease 2019 (Covid-19) and analyze the legal compliance of the community with PPKM policies during the transition from pandemic to endemic. As a juridical-normative study, the approach used includes a conceptual approach. PPKM is claimed by various parties to have successfully suppressed the spread of Covid-19 cases in Indonesia, leading to the government’s announcement of the transition from the pandemic to the endemic phase of Covid-19. However, behind this success, there are factors influencing law enforcement. These factors include legal awareness, legal compliance, and legal culture. The relationship between these three factors is closely related to achieving legal goals. Legal culture cannot materialize without legal compliance, especially compliance with various policies in preventing and handling Covid-19. Ideally, compliance that arises is compliance without coercion. In other words, everything is based on legal awareness that ultimately becomes a habit.
Nuriskia, Centia Sabrina and Ahmad Yoga Novaliansyah, 'The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic' (2021) 2(5) Lex Scientia Law Review 105-122 Abstract: The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing for bankrBankruptcyecially the requirements in filing for bank bankruptcy do not specify the amount of debt that can be filed for bankrBankruptcyre is a need for consideration in making and stipulating bankruptcy arrangements, both in the Draft Civil Procedure Code and the Bankruptcy Law and Suspension of Debt Payment Obligations, especially on issues: the amount of debtor debt, simple evidence, creditors holding guarantees in bankrBankruptcyminal confiscation in bankrBankruptcyker wage rating, bankruptcy estate settlement, and position of the arbitration award in bankruptcy cases.
Omar, Habibah, Indrawati S.H and Che Audah Hassan, 'Law Enforcement Issues During Covid-19: Experience from Malaysia and Indonesia' (2021) SI6(6) _Environment-Behaviour Proceedings Journal_ Abstract: This article examines the legal issues relating to the State Administrators’ enforcement of policies, rules, and decision-making in Malaysia and Indonesia during the pandemic from the perspective of administrative law. The State Administrators have come out with various Standard Operating Procedures (SOP) that impacted the people. It is argued that administrative law can discern potential abuse by State administrators while enforcing the law. This article will examine the enforcement issues in both nations by utilizing doctrinal and comparative analysis. Consequently, some exercise of discretion of the executive can be questioned and challenged under the purview of administrative law. Keywords: Administrative law, law enforcement, administrative discretion; Covid-19 eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6iSI6.3052
Pamungkas, Ery, ‘Constitutional Court and Legal Certainty Covid-19 Pandemic Status’ (Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia, 2022) Abstract: Since WHO announced that the Covid-19 virus had entered a pandemic period, the international community has made various policy adjustments to overcome this. The impact of the policy to stop the infection from spreading is felt all over the world, including in Indonesia. This underlies Indonesia to ratify In respect of Law No. 1 of 2020 Governing State Monetary Policies and Banking Device for Managing the Corona Virus Disease (COVID-19) Epidemic and Threats to the Economic Affairs and Welfare, the court has published a rule. The System of Finance Becomes a Law (Perppu 1/2020), which was subsequently enacted as Law Number 2 of 2020. This Law then became the basis for changes to various economy and government administration policies. Some citizens then submitted a request to the Judge for a reassessment of the statute in light of the constitution Act. From several requests for judicial review of the Law, in Decision Number 37/PUUXVIII/2020, it was found how the Judiciary’s attitude towards the constitutionality of Law 2/2020 was found. This paper discusses, among others, what subjects were submitted by the applicant in testing the Law to the High Court and analyses the Court’s legal considerations before making a decision on the legal challenge and how the implications of this decision were in ensuring legal certainty for policies implemented during the Covid pandemic.
Paputungan, Merdiansa et al, ‘State Budgeting Regulation and Legislative Framework During Public Health Emergencies’ (2025) 7(1) Corporate Law & Governance Review 8–17 Abstract: When faced with the impact of the crisis triggered by COVID-19, authorities in various countries realized that this time the crisis was completely different (Heimberger, 2023). The coronavirus outbreak resulted in a health crisis and an unprecedented decline in economic activity in history (Organisation for Economic Co-operation and Development [OECD], 2020). Fiscal as one of the instruments to control the crisis, also has various procedural limitations. The regulatory framework in Indonesia only provides implementation procedures in an emergency. Meanwhile, to mitigate the impact of large shocks such as the COVID-19 outbreak, a certain level of flexibility is needed which is not possessed by the current fiscal rules (Bandaogo, 2020). This study aims to answer two research questions, first, why the government chose to create a new emergency budgeting procedure, and second, what are the legal implications of the emergency health budgeting procedure on the state budget? The research was conducted using normative legal research methods, with a statutory approach and conceptual approach at the same time. The results showed that Indonesian regulations do not have state budgeting procedures in emergencies, other than state budget implementation procedures. These implementation procedures are inadequate to deal with the impact of the crisis created by COVID-19, so the government created new emergency procedures. On the other hand, this new procedure has legal implications in the form of ignoring the constitutional principles of state budgeting, suspending twelve laws related to fiscal policy, and creating enormous legal immunity for the government in implementing fiscal policies.
Pardede, Marulak et al, 'The Settlement of Consumer Disputes by Virtual Mediation Particularly on Banking and Buying Services Online' (Conference Paper, International Conference on Law and Human Rights (ICLHR 2020), 08 January 2021) Abstract: The increasingly massive spread of the Coronavirus Dissease 2019 (COVID-19) virus in Indonesia has led the government to adopt a large-scale social restrictions (PSBB) policy in a sustainable manner. This policy limits human mobilization as an effort to break the chain of spreading Covid-19. Community movement was limited by being asked to stay at home. For offices, both private and government, apply working from home for some employees. Limit movements due to concerns over the Covid 19 virus have made most people shop for home needs online. According to Analytic Data Advertising (ADA), online shopping activities have increased by 400% since March 2020 due to this pandemic. Bank Indonesia (BI) noted, purchase transactions via e-commerce in March 2020 reached 98.3 million transactions. That figure is an increase of 18.1% compared to February. Not only that, the total value of e commerce transactions also increased by 9.9% to IDR 20.7 trillion from February 2020. In today’s digital era, people easily make virtual transactions in shopping, for example cash on delivery (COD), e. -wallets, joint accounts, transfers, and credit cards. The ease of virtual transactions is very helpful for people to get their daily needs by shopping online without leaving the house. They only make payments by wire transfer or credit card via bank or marketplace applications. However, the convenience of shopping online has been abused by many traders by committing fraud such as ordering goods that do not match the image or what has been promised. Even the form of fraud that often occurs is what is called phishing, which is tricking the target with the intention of stealing the target’s account, such as website forgery and online registration. Then account abuse through One Time Password (OTP) is carried out by hijacking consumer accounts so that the criminals use them to shop. The question is, can virtual mediation be done in resolving legal issues between consumers and banks and online sellers? The purpose of this paper is to provide an idea of the use of virtual mediation in resolving consumer protection disputes in the era of the Covid 19 pandemic.
Parlindungan et al, ‘Contextual Analysis of Immigration Legal Policies in Indonesia Post-COVID-19 Pandemic’ (2024) 4(1) International Journal of Criminal, Common and Statutory Law 201–206 Abstract: The purpose of this study is to analyze and identify the context of immigration policy in the tourism industry, visa arrangements, supervision of foreigners, treatment of foreign refugees, and overseas job training regulations after the COVID-19 pandemic in Bali. This research uses a policy-oriented legal theory approach, a form of empirical legal research called sociological jurisprudence. The results show that the fundamental elements of vigilance measures to formulate appropriate policies in immigration are faced with problems including the emergence of the threat of overtourism in Bali; visa arrangements for conflict countries; ineffective inter-agency coordination in the supervision of foreigners; schemes for handling foreign refugees who fail to reach their legitimate destinations; and inadequate protection mechanisms for Indonesian migrant workers and interns working abroad.
Parwata, Anak Agung Gede Oka et al, ‘Customary Law during the Covid-19 Pandemic: Supporting Local Government’s Policy’ (2023) 10(1) Jurnal Hukum Prasada 49–58 Abstract: The covid-19 pandemic has become a national disaster, therefore the participation of all parties is needed in efforts to handle this disaster. Traditional villages with their customary law have a strategic role in handling Covid-19 starting from managing their territory to distributing social assistance. Through traditional village institutions, the Bali Provincial Government uses local wisdom in increasing community participation and institutions to be actively involved in handling activities and overcoming the impact of Covid-19. This study aims to determine the role of customary law to support government policies in handling Covid-19 in Bali. This study is a descriptive study in which the method used is a normative legal research method, using a statutory approach, a historical approach, a conceptual approach, a philosophical approach, and a case approach. The legal materials used are primary legal materials, secondary materials, and non-legal materials. Based on the research conducted, it was found that Balinese customary law plays a role in supporting government policies in handling Covid-19 in Bali because it is in accordance with the philosophy and principles of customary law adopted by the Balinese indigenous people.
Pati, Umi Khaerah, 'Indonesian Government Policy in Mitigating Economic Risks due to the Impact of the Covid-19 Outbreak' (2020) 4(1) Journal of Law and Legal Reform 577-590 Abstract: Covid-19 pandemic have a negative impact on economies globally, including in Indonesia. The disease is advancing at great speed since the first Indonesian patient was referred to the hospital due to confirmed covid-19 (26 February 2020) until on 15 June 2019 there have been 50,187 patients infected. Several government policies have been implemented by regarding the economic sector as a main concern to prevent the breaking of the Indonesian economic chain. To anticipate, March 31, 2020 Indonesian President signed Government Regulation No. 21 of 2020, which regulates the implementation of PSBB (Large-Scale Social Restrictions), yet economic growth in the first quarter of 2020 showed a declining performance at 2.97 percent on 17 April 2020. Bank Indonesia views the level of the Rupiah exchange rate as fundamentally "undervalued". The objective of this paper is, therefore, to overview the negative impact of the covid-19 outbreak on the Indonesian economy and the policies implemented by the government to mitigate the economic risks. Moreover this article is a normative economic analysis on the basis of secondary data, this study found that Indonesia is facing up an economic domino effect of covid-19 and Bank of Indonesia (BI) has taken several steps by strengthens policy coordination with the government and other authorities to stabilize the rupiah exchange rate and mitigate the impact of Covid-19 risk on the domestic economy.
Permatasari, Cintya Sekar Ayu and Octa Nadia Mellynda, 'Temporary Measures on Bankruptcy: Alternatives to the Moratorium on Act 37/2004 in Resolving Indonesian Bankruptcy During the COVID-19 Pandemic' (2021) 2(5) Lex Scientia Law Review 19-40 Abstract: The high number of bankruptcies in Indonesia, which increased to 54% in the pandemic era, had negative impacts on the economic ecosystem in Indonesia. A regulation is needed that can reduce the number of bankruptcies, in which the moratorium of Act 37/2004 is a discourse that will be predicted as the main solution. The moratorium of Act 37/2004 with its weaknesses has been rejected by many parties, so this research will offer a more appropriate alternative solution in the form of setting temporary measures on bankruptcy. This study seeks to describe the urgency and prospects of the presence of temporary measures on bankruptcy in Indonesia and recommend the regulation and implementation of temporary measures on bankruptcy in Indonesia. This legal research is normative legal research with data obtained from library research analyzed descriptive-qualitatively. The results of the study indicate that the moratorium of Act 37/2004 does not provide fair benefits for debtors and creditors in resolving bankruptcy problems so that it will actually hinder investment in Indonesia. Temporary measures on bankruptcy is an alternative that fills the absence of law in Indonesia regarding provision to bankruptcy relaxation. These measures provide fair benefits for both parties while still being able to file for bankruptcy but with a certain threshold and stimulus. Seeing the success of temporary measures on bankruptcy in various countries in reducing the number of bankruptcies, Indonesia needs to immediately implement the same thing in the Peraturan Pemerintah Pengganti Undang-Undang (PERPU).
Phymma, Marfin Timu Apy, Rina Shahriyani Shahrullah and Lu Sudirman, ‘Handling the Covid-19 Pandemic in Indonesia and India: A Critical Flashback in 2020’ (2022) 7(1) Journal of Law and Policy Transformation 28–43 Abstract: The Covid-19 pandemic is one of the most common pandemics in contemporary history. The preparedness of a country is also determined by how well it is able to reduce the rate of spread, the fatality rate, the ability to handle infected patients, as well as from the capacity to mobilize and manage resources appropriately to deal with crises and their impacts. This study attempts to compare the approaches of Indonesia and India in handling the Corona Virus Diseases (Covid-19) pandemic in 2020. This study adopts a qualitative research approach by using secondary data which are collected from the printed and electronic media related to Covid-19 in Indonesia and India. It was found that India implemented a total lockdown until September 2020 because the number of positive cases of COVID-19 in India reached more than 4.7 million with a death toll of more than 78 thousand people. Meanwhile, Indonesia did not implement a total lockdown. It adopted the Large-Scale Social Restrictions (LSSR). Although it succeeded in temporarily suppressing the spread of Covid, the LSSR was considered not effective enough. Similar challenges were faced by India which chose to lock down the country. Despite being able to temporarily suppress the rate of Covid-19, the sudden implementation of a regional quarantine and minimal preparation created a humanitarian crisis.
Pinem, Rasta Kurniawati Br and Fajaruddin Fajaruddin, ‘The Urgence of Marriage Guidelines for Children (Legal Protection for Child Marriage after Covid-19)’ (2022) 1(1) Tadarus confrence of International Islamic civilization 84–92 Jurisdiction: Indonesia
Abstract: Covid-19 hit the world has caused many problems for children. One of them is study at Home by using a gadget that is not supervised by parents. Children are free to use their gadget, exploring unfiltered sites including porn sites that are free to watch. The number of child marriages is increasing nowadays. Child marriages are carried out by poor and less educated people. This declining welfare condition has forced parents to let their children marry. Closing schools when the economic situation worsens also makes many children considered a burden to families who are facing economic issues. Child marriage adds to the risks that children have to face during the pandemic, in addition to increasing violence and mental problems in children. The aim of this paper is to provide solutions in order to improve children’s future. Marriage guidance for unmarried and married children should continue to be improved. For those who are not married, the aim is to avoid child marriage, while for those who are married; they strive for the rights of children to be fulfilled. It is hoped that possible to maintain an existing marriage by being given a strengthening of faith, science in order to foster a household based on religious values. The method used in this paper is to collect some facts; from webinars, research papers, and those obtained through social media information that is believed to be the news. Furthermore, the data is searched and then rearranged according to the predetermined writing rules. The results obtained are the need for marriage guidance for children aged both unmarried (pre-marital; teenagers, married age), prospective brides and married couples under five years old; that aimed to provide reinforcement in order to maintain their marriage since they are vulnerable to problems.
Pranoto, Edi and M Riyanto, ‘Legal Politics of Community Participation in Handling the Impact of Covid 19 Through Jogo Tonggo’ (Proceedings of the International Conference on Law, Economics, and Health (ICLEH 2022), 2023) 554–560 Abstract: The Covid-19 virus has become a non-natural disaster that paralyzes almost all aspects of life. The Indonesian government has declared the Covid-19 outbreak a National Disaster. So the President formed a Task Force for the Acceleration of Handling Covid-19 and asked officers to act quickly in dealing with Covid-19 . The Chair of the Task Force for the Acceleration of Handling Covid-19 in Central Java Province, who is also the Governor of Central Java, instructed community empowerment in accelerating the handling of Covid-19 through the formation of the Jogo Tonggo Task Force. This study intends to answer the question How is the Legal Politics of Community Participation in Handling Covid-19 through the Jogo Tonggo Task Force? The research method uses normative legal research. The research approach uses a combination of a state approach, a conceptual approach, and an analytical approach. Sources of data from secondary data. Data collection techniques through literature study. The analysis was conducted using a qualitative descriptive method. The legal politics of the formation of the Jogo Tonggo Task Force can be seen through 1) The process of establishing the law and 2) The process of implementing the law. In the formation of the law, the process of forming the Jogo Tonggo Task Force has met the legal requirements and has been following the local wisdom of the people of Central Java, so that it does not cause new conflicts, instead, it fosters the spirit of cooperation. In applying the law, the Jogo Tonggo Task Force is more humanitarian in orientation and leaves elements of SARA, so that it is following the goals and ideals of the state.
Pratama, Anugrah Muhtarom and Umi Khaerah Pati, 'Analysis Principles of Personal Data Protection on COVID-19 Digital Contact Tracing Application: PeduliLindungi Case Study' (2021) 2(5) Lex Scientia Law Review 65-88 Abstract: This article aims to review the application of the principle of personal data protection as part of privacy rights in the PeduliLindungi application considering that on the one hand, the PeduliLindungi application helps the government to reduce the spread of the COVID-19 virus. But on the other hand, there is a threat of misuse of personal data in the future. This background article is based on the use of the PeduliLindungi application, which was initially used to track the spread of the virus during the COVID-19 pandemic. But it seems that the public will increasingly use its use in the future, especially now that it has begun to be planned as an e-wallet and started integrating with several other applications. This article reveals that there has been a dual role by the Ministry of Communication and Informatics as a supervisor and controller of personal data in Indonesia so that it has implications for the PeduliLindungi application that has not fully applied the principles of personal data protection when collecting, processing, and storing personal data. For the future, a comprehensive legal development drive is needed related to the protection of personal data. There is a personal data protection agency and Data Protection Officer (DPO) to more strongly enforce the principles of personal data protection.
Pratiwi, Cekli Setya, ‘Indonesia’s Legal Policies Amid Covid-19’ (2022) 6(2) Journal of Southeast Asian Human Rights 182–203 Abstract: The Covid-19 pandemic has forced States to promulgate various legal policies to restrain public activities, including limiting or prohibiting people to exercise their right to religious freedom or beliefs (FoRB) in the public sphere and imposing repressive sanctions. International Human Rights Law (IHRL) regulates the standard limitation of FoRB, but the Government of Indonesia struggled to balance respecting FoRB and protecting public health, especially in the emergency of Covid-19. While the Government is oriented to protect public health, new violations of FORB add more backlog on unresolved cases. Through a Human Rights-Based Approach and case studies, three essential principles of FoRB, namely the principle of non-discrimination, the principle of proportional restriction, and the principle of non-coercion in religion, will be analyzed qualitatively to assess, first, the extent to which legal policies in Indonesia amid Covid-19 are compatible with IHRL. Second, the extent to which these legal policies impact the right to religious freedom of the people. Third, to ask the question: how should the legal policies in the Covid-19 era be formulated so that the State can balance the protection of public health and religious freedom?
Pratiwi, Citra Resmi Nanda Putri and Tri Lisiani Prihatinah, 'Employment Law System in the Covid-19 and New Normal Pandemic Periods' (Conference Paper, International Conference of Law, Government and Social Justice (ICOLGAS 2020), 14 January 2020) Abstract: The Ministry of Manpower on April 20, 2020 collected data on workers who were dismissed and sent home during the Covid-19 pandemic, around 2,084,593 workers from 116,370 companies have been sent home. To avoid a legal vacuum during the Covid-19 pandemic, the government issued an employment policy. Based on these problems, the authors conducted a study to find out how the legal steps and policies that have been taken by the government to deal with labor problems during the Covid-19 pandemic in Indonesia. The approach used is normative juridical by analyzing secondary legal materials by understanding law as a set of regulations or positive norms in the statutory system that regulates human life. This research discusses the policy on how the labor law that has been issued by the government is in accordance with the positive law. The government has carried out its obligation to protect the public from dangerous diseases through policies that have been issued since the Covid-19 pandemic until the implementation of the new normal. Although it still requires more specific special rules in an effort to protect employers and workers affected by Covid-19 and the economy in Indonesia.
Priambudi, Zaki et al, 'An Analysis of The Imposition of Criminal Sanction to COVID-19 Vaccination Objectors Through the Lens of Criminal Law and Qiyas Shafi’i Mazhab in Indonesia' (2022) 1(20) Pena Justisia: Media Komunikasi dan Kajian Hukum 60-73 Abstract: This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially
Pribadi, Firman Arif, Nurus Zaman and Eny Suastuti, 'Limitation of Indonesian Administrative Criminal Law For Pandemic Treatment Against Health Protocols Violation' (2021) 6(8) _SALAM: Jurnal Sosial dan Budaya Syar-i_ Abstract: Criminal Law to deal with Corona Virus Disease 2019 (Covid-19) is under the spotlight during the handling of the pandemic. Criminal Law is intended to be used when the patient's moral responsibility to declare that he has been abroad has not been fulfilled, and the government's health protocols are ignored. Meanwhile, various laws for Covid-19 pandemic treatment do not provide strict norms; on the contrary, it is sometimes using blanket offence formulation. This study explores the limits of Administrative Criminal Law in the health sector and pandemic management to impose penalties for health protocols violation. Using the normative systematic interpretation method, the study results show no difference formulation of criminal law norms in special laws, which are administrative with criminal law norms in special laws. However, the difference exists within the theoretical realm. Administrative criminal law is not aimed at free individuals and is not socially and psychologically illegal. Still, it is aimed at humans as players of particular roles required to conform with other forms of action according to their role. Unfortunately, administrative criminal law exists outside the Criminal Code, primarily aimed at freeing individuals and socially and psychologically illegal. Law enforcement practices cannot provide a gradation for these two groups of laws—conditions where the fundamental rights of citizens are threatened by the power to impose penalties. This study proposes broadening justification and excuse in the Indonesian Criminal Code, which is appropriate for the character of administrative criminal law.
Prikasetya, Gratianus, 'Employment Layoff Policy During Covid-19 Pandemic (Legal Comparative Analysis Based on Indonesia and Singapore Law)' (2021) 2(1) Corporate and Trade Law Review 141-153 Abstract: The Covid-19 pandemic has made Employment Layoffs in Industrial Relation become unavoidable both in developing and developed countries. Throughout 2020, the number of layoffs, which can be seen from the unemployment rate in these two countries, has increased. Employment Layoff in Indonesia is subject to the provisions of Law No. 13 of 2003 concerning Manpower Law as partially amended by Law No. 11 of 2020 concerning Job Creation, while Singapore regulates it in the Employment Act of Singapore Chapter 91. Government intervention in implementing the Layoff Policy tend to be greater in Indonesia than in Singapore. This is the impact of the Corporatist Industrial Relations Model system used in Indonesia, while Singapore uses the Contractualist Industrial Relations Model system which relies more on the industrial relations settlement mechanism to the parties. This article was prepared by using Legal Research Methods, especially comparative law between Indonesian Law and Singapore Law.
Priono, Yamin Dian and Ahmad Rifai Rahawarin, ‘Criminal Legal Policies Toward the Release of [Convicts] During The Covid 19 Pandemic in The Ius Constituendum’ (2023) 2(3) Interdiciplinary Journal and Hummanity (INJURITY) 169–188 Abstract: Criminal law policy on the release of convicts during the Covid 19 pandemic in the ius constititum , namely carrying out criminal law policies through spending for convicts and children through assimilation . As well as release for convicts and children through integration in the form of parole, parole and leave before being free) . This policy is carried out by applying certain conditions so that it does not maximally reduce the number of inmates in correctional institutions to reduce the risk of spreading Covid-19. Whereas the criminal law policy regarding the release of convicts during the Covid 19 pandemic in the ius constituendum, namely in the Corrections Bill, there is the concept of restorative justice as a means of social integration, but the formulation of this concept has not been clearly implemented, so it is necessary to use the concept of restorative justice at the post-adjudication stage as a means to reduce correctional inmates as well as recovery of victims and their original condition. As well as in the RKUHP implicitly there is a concept of conversion of the sanction system but it has not been clearly formulated, so there is a need for the concept of conversion of the sanction system as an alternative in an effort to reduce correctional inmates to prevent prison overcapacity.
Puluhulawa, Fenty, Mohammad Rusdiyanto Puluhulawa and Amanda Adelina Harun, ‘Legal Culture of Local Community in Plastic Waste Management’ (Proceedings, 3rd International Conference on Law Reform, 2022) 183–191 Abstract: The buildup of plastic waste is a problem for the environment, especially since the COVID-19 pandemic has significantly increased the amount of plastic waste. Despite the widespread implementation of waste management, the effectiveness of such an environmental policy varies in every region. One of the causes is the internal factor covering the local community and its perspectives and values. Legal culture is a part of legal systems, reflecting how the local community perceives a specific issue. Different societies have their legal culture, resulting in varied responses of communities to a particular regulation. This notion becomes the rationale for conducting this research. Relying on the empirical-normative method, the present work explores the legal culture of different communities regarding plastic waste management. The normative analysis employed two approaches: conceptual and laws and regulations. For empirical juridical studies, interviews and focus discussions are opted. The results reveal that each community group has different values and mindsets according to the surrounding environment, resulting in distinct legal cultures from one another. Further, differences in the legal culture of the community contribute to the community’s response to regulations regarding plastic waste management.
Puluhulawa, Jufryanto et al, ‘Rejection of the Implementation of the Covid- 19 Protocol on Patients Who Died: A Discourse between Human Rights and Health Law in Indonesia’ (2022) 4(2) American Journal of Multidisciplinary Research & Development 53–59 Abstract: The refusal to implement the handling of corpses using the COVID-19 health protocol still occurs in Indonesia in general and in Gorontalo Province in particular, even though there are legal regulations that regulate and even strengthen the fatwa of the Indonesian Ulema Council. The research approach method used is a case approach, a conceptual approach and statute approach. In the author’s conclusion, there is a guarantee of human rights to the bodies of Covid-19 patients.. Even though there are special medical procedures that are applied, in essence, there is a legal guarantee that all procedures carried out continue to pay attention to religious law so as not to injure the rights of the corpse. Therefore, the refusal to handle the bodies of Covid-19 patients using the Covid-19 funeral health protocol is certainly something that must be intervened so that their dignity is then returned following existing regulatory provisions. From the perspective of human rights law, the actions of the patient’s family who refuse their relatives who died due to Covid-19 indications being buried using the Covid19 health protocol endanger others and increase the potential for the spread of the Covid-19 virus so that it will cause harm to the wider community. The implication is that human rights violations occur. Meanwhile, if examined from the perspective of health law, there are criminal sanctions that are ready to ensnare parties who are not cooperative and do not want to submit to the applicable rules.
Purba, Nelvitia et al, 'Legal Application of Extra Ordinary Enforcement Model Against the Period of Criminal Acts as a Form of Legal Protection Against Victims of Children Under the Age of Pandemi Covid -19' (2021) Special Issue 6(24) Journal of Legal, Ethical and Regulatory Issues 1-7 Abstract: The cases number of violence against children that occur in Indonesia is considered an indicator of the poor quality of child protection. The existence of children who have not been able to live independently, of course, really needs people as a place of refuge for children. The low quality of child protection in Indonesia has drawn attention and criticism from various levels of society. One of reasons for the occurrence of child crimes committed by children is none other than the very rapid advances in technology, for example, internet access that has developed is being misused by some children to find pornographic sites where it affects a child's behavior. Especially since the outbreak of COVID-19 pandemic virus, children's school activities have been carried out online, in this situation children's activities are more spend on the internet. Methods of Data Analysis is carried out in a qualitative descriptive way, namely by describing, discussing, interpreting research findings with a viewpoint or approach in the form of normative and empirical juridical and drawing conclusions is carried out by deductive methods, namely describing general matters and then draw conclusions that are specific to the problems discussed in this study. From the research results, it can be stated that protection for victims of criminal acts of rape, it is necessary to organize victim management which includes preventive, therapeutic and rehabilitation as well as imposition of extra sanctions against perpetrators of child molestation. During Covid -19 pandemic, the crime of sexual abuse against minors continued to occur and even increased. The criminal act of sexual immorality against minors causes huge losses, therefore the perpetrators of these crimes are prosecuted in extraordinary ways (extra ordinary enforcement), namely by providing extra costs to the victims of this sexual abuse, namely minors, which is different from general public so that it can increase deterrent effect on the perpetrators of this child molestation.
Purwoto, Ady, Eko Soponyono and Indrati Rini, 'Reconstruction of Legal Protection Policy for Occupational Safety for Health Personnel Due to a Transmitted-Disease Pandemic Based on Justice Value' (2021) 10(4) Scholars International Journal of Law, Crime and Justice 595-600 Abstract: Health workers need to get legal protection from the government as the executor of the task of handling Covid-19. The author raises this problem in a study with the main problem What are the obstacles that occur that make the legal protection policy for occupational safety for health workers due to the infectious disease pandemic is not based on the value of justice yet and How is the reconstruction of this law based on the value of justice which will be researched using the socio-legal research method which is on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain a relevant and accurate analysis. The results of the study indicate that there are obstacles that occur as a result of a very complicated local government bureaucracy. In addition, health workers who work in the task force to accelerate the handling of the pandemic have not received occupational health and safety guarantees, only PPE (Personal Protective Equipment), Vitamins, food, and temporary Home Stay that must be provided while on duty, even the insurance is financed by their agency and not from their Local government. The reconstruction proposed by the author is in Article 9 paragraph 1 of Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases, which stipulates that certain officers who carry out efforts to control the epidemic as referred to in Article 5 paragraph (1) must be rewarded for the risks involved that are borne in carrying out their duties.
Puspita, Natalia Yeti, ‘Revisiting State Sovereignty Interpretation in Managing Rohingya Refugee Arrivals Amid the Covid-19 Pandemic in Indonesia’ (2024) 25(2) Asia-Pacific Journal on Human Rights and the Law 127–152 Abstract: There is a controversy between the application of the principle of state sovereignty and the principle of non-refoulement regarding the entry of Rohingya refugees into Indonesia during the covid-19 pandemic. The results show that the covid-19 pandemic is a global threat to human security, regardless of citizenship status. Thus, everyone needs protection and guarantees of human rights, including refugees. Even though Indonesia is not obliged to accept refugees because it has not ratified the 1951 Refugee Convention and its 1967 Protocol, and immigration is tightened to prevent the spread of the covid-19 pandemic, Indonesia continues to do so. Indonesia’s policy justification is based on its interpretation of state sovereignty as a humanitarian and non-discriminatory protection authority.
Putra, DI Ansusa, Sayuti and Rahimin Affandi Abdul Rahim, ‘Inconsistency of Salafi’s Bid’ah Concept: Shifting The Quran-Hadis Law Consideration During Covid-19 Pandemic in Indonesia’ (2024) 24(1) Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 120–140 Abstract: For the past century, Bid’ah (Eng. Innovation) is a fundamental-sociological problem in modern Muslim life. During the COVID-19 pandemic, Salafis in Indonesia took a different path than usual to respond new innovations in the rules of Islamic worship practices. This article highlights the dynamics of understanding bid’ah as a Salafi order in Indonesia during the COVID-19 pandemic. Through reading Salafi data and documents, the article finds that Salafis confirm new innovations in religion during the pandemic which are different from previous Salafi orders to refer directly to the Quran and Hadith regarding to the issue of Bid’ah. This shows the inconsistency of Salafi understanding in terms of reviewing law in the context of social change. This inconsistency was carried out by: first, changing the approach in quoting and referring to the Quran and Hadith from a puritanism approach to a maslahah approach. Second, changing the aim of selecting Quran and Hadith legal propositions from returning to the understanding of the Salaf to referring to the Salaf’s experience regarding epidemic conditions (thaun). This Salafi order circumvents aspects of Islamic law by accepting ‘new bid’ah’ (new innovations) during Covid-19 is proof of Salafi flexibility on the issue of Bid’ah.
Putri, Aulia Kartika, Hinza Praitma Adli and Akhmad Habibullah, ‘Analysis of Government Regulations in Lieu of Law No. 1 of 2020: As a Response to the Urgency of the COVID-19 Pandemic’ (2023) 4(1) Jurnal Studi Ilmu Pemerintahan 179–188 Abstract: This study delves into the analysis of Government Regulations in Lieu of Law (PERPU) enacted by the president as a response to the urgency of the COVID-19 pandemic. It specifically focuses on PERPU No. 1 of 2020, which was issued during a state of coercive crunch without replacing or amending an existing or forthcoming law. The study employs a normative juridical or normative law research method using a statute and conceptual approach to examine the compliance of PERPU No. 1 of 2020 with the parameters outlined by the Constitutional Court. The findings reveal that the determination of the reason for the Health emergency in this PERPU seems subjective and is not in line with the parameters outlined by the Constitutional Court. The study concludes that the issuance of PERPU must be regulated more strictly and transparently to ensure that it is only utilized in exceptional situations, in accordance with the Constitution and its application is objective.
Putri, Conie, 'Workers Laying Off Policy as an Impact of the Covid-19 Pandemic' (Conference Paper, International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: Basically, entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent termination of employment. However, legal issue arises over the policy of laying off workers where workers do not do work, so whether their right to receive wages is still fully paid, partially paid, or not paid at all. Several employers implementing a policy of laying off their workers to suppress and reduce company operating expenses because the company does not get income due to discontinued business activities or production. However, legal issues arise over the policy of laying off workers where workers do not do work, so whether their right to wages are still paid in full, partially paid, or not paid at all. The research method is juridical-normative legal research. The conclusion of this study is in accordance with Article 93 paragraph (2) Juncto Article 186 paragraph (1) of the Manpower Law, states that employers are obliged to pay wages if the worker/laborer is willing to do the work that has been promised but the employer does not employ him. The amount of wages received can still be negotiated with the trade/labor unions and/or workers/laborers based on the Minister of Manpower's Circular No. SE-05/M/BW/1998.
Ra, Mohammad Syahrul, Yusuf Hamdika and Sholahuddin Al-Fatih, 'The Impact of COVID-19 Through the Lens of Islamic Law: An Indonesian Case' (2020) 3(7) Lentera Hukum 267-278 Abstract: Coronavirus Disease 2019 (COVID-19), a virus founded in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols.
Rachmadhani, Fajar, Mualimin Mochammad Sahid and Ahmad Wifaq Mokhtar, ‘Implementation of the Islamic Law Transformation’s Rule (Taghayyur Ahkām) During COVID-19 Pandemic in the Perspective of Majelis Tarjih Muhammadiyah in Indonesia’ (2022) 10(1) Malaysian Journal of Syariah and Law 108–117 Abstract: This study aims to uncover and analyze one of the methods and rules of law-making (istinbāth ahkām) carried out by the Muhammadiyah fatwa institution, the Majelis Tarjih dan Tajdid, or known as ‘Manhaj Tarjih Muhammadiyah.’ One of the many methods used by Majelis Tarjih in issuing legal decisions and fatwas is the Rules of Islamic Law Transformation (taghayyur ahkām). The research also attempts to contextualize the rules of Islamic law transformation with the decisions or guidelines for the implementation of worship (Ibadah) that have been issued by the Muhammadiyah Central Leadership through the Majelis Tarjih, especially during the current Covid-19 pandemic. The results of this study are beneficial both practically and theoretically. The practical benefit of this research is that it may provide guidelines for the implementation of worship during the Covid-19 pandemic based on argumentative arguments and the principles and objectives of Islamic law, one of which is guarding religion (Hifz ad-Dīn) and guarding human lives (Hifz an-Nafs). Meanwhile, the theoretical benefits from this research are to expand the knowledge and discourse of Islamic scholarship, especially in the field of Islamic law. Thus, Islam can manifest in the midst of mankind to provide real solutions to existing problems. This research uses qualitative research focusing on library research with descriptive analysis. Consequently, the researchers applied the Ijtihād of Majelis Tarjih’s Method known as ‘Manhaj Tarjih Muhammadiyah’ written by Syamsul Anwar as well as based on the results of the Tarjih National Assembly (Munas) XXX in Makassar in 2018, also the decision of the Muhammadiyah Central Leadership No. 02/EDR/1.0/E/2020 regarding Guidelines for Worship in Covid-19 Emergency conditions and several other Tarjih fatwas related to guidelines for carrying out worship during the Covid-19 pandemic as primary data. In addition, the secondary data are from various sources, such as fiqh books, ushul fiqh, and maqaṣid as-syarī’ah. Besides, the study uses a content analysis approach to bring up the messages objectively and systematically.
Rachmat, Muhammad Nursultan and Wasis Susetio, 'Legal Analysis in Airlines Business Over Middle of Covid-19 Pandemic at Indonesia' (2021) 4(5) Journal of Multidisciplinary Academic 315-320 Abstract: Aviation is an inseparable part of every country's transportation which has dropped dramatically in the wake of the COVID 19 pandemic. Private airlines in Indonesia can continue to operate during the pandemic with passenger numbers are limited by the government about 40% -70%. As the result, high expenses in the cost and declining revenues. Consequently, in a reduction of employee’s number and a reduction employee’s salaries in the salaries who were still in the private aviation sector. Through PERPU No. 1 of 2020, the government provides financial assistance to help the private companies through Bank Indonesia. However, with the help of this regulation, a legal vacuum is created in its implementation in the aviation world to make facing the pandemic in Indonesia. In this situation, aid funds can be misused and misused. In order to avoid further consequences, regarding to the death of private airlines in Indonesia that affecting to all Indonesians people, it is necessary to bring more government attention as a form of solidarity with others. Stakeholders and Indonesian compatriots through a strategic sector policy and to create its implementation. In this case, the central government and the Directorate General of Civil Aviation can learn from other countries by proposing policies such as injection of funds with emphasis on the requirements of continuity of workers' employment contracts, in negotiating payment for aviation fuel, obtaining tax breaks and incentives for lower tariffs for airport services and other policies in the operational sector to encourage the expansion of aviation activities in Indonesia for survive and alive.
Rachmawati, Irma and Mohd Zakhiri Md Nor, ‘Legal And Shariah Framework of Crowdfunding in Batling Covid-19: Some Observation in Indonesia’ (2021) 6(2) BiLD Law Journal 1–9 Abstract: Crowdfunding provides a group with an alternative investment option. Its existence makes it simple for people in an organisation who have limited funds. Especially for those who have been afflicted by the COVID 19 pandemic. Crowdfunding can be an alternative financing method for Indonesian small and medium-sized businesses. The purpose of this study is to investigate the legal and Shariah framework for crowdfunding in Indonesia. This paper also investigates how Crowdfunding can benefit the Micro, Small, and Medium Enterprises (MSMEs) sectors during Covid-19 in Indonesia. The report employs qualitative legal research as its methodology. A descriptive and analytical process is used to analyse the data. This paper found that Crowdfunding benefits the MSMEs sector during the Covid-19 period. Some models of crowdfunding are based on the Shariah principles of wakaf, zakat, waqf, and sadaqah. There is no clear law governing online crowdfunding. Online crowdfunding is also vulnerable to fraud, hijacking, and illegal activity. As such, it is critical to improve Indonesia’s legal and regulatory framework for crowdfunding activities.
Rahim, Rohani Abdul et al, ‘Implementation of Community Activities Restrictions During The Covid-19 Pandemic in Criminal Law Perspective’ (2022) 22(2) Nurani: Jurnal Kajian Syari’ah dan Masyarakat 261–274 Abstract: Minister of Transportation Regulation Number 25 of 2020 on Transportation Control during the Idul Fitri Homecoming Year 1441 Hijri in the context of Preventing the Spread of COVID-19. This Regulation of the Minister of Transportation Number 25 of 2020 regulates the transportation system during the Large-Scale Social Restrictions (PSBB) implementation, especially related to the 2020 Idul Fitri Homecoming. The formulation of the problem in this study: first, how could the elements of actions be categorized as violations of criminal law norms? second, could the violation of the prohibition of homecoming be categorized as a violation in the criminal law?. The purpose of this study is to find out that violations of the homecoming ban have met the elements that can be categorized as violations of criminal law norms. The research method used normative legal research for this research and used the Theory of Legal Effectiveness for the theory. This study concludes that: First, an act that can be categorized as a violation of criminal law, then there must be elements of a criminal act, both from a theoretical and legal point of view. Second, that the Ministerial Regulation (Permen) cannot contain criminal provisions.
Rahman, Abdul, Jamiyatun Jamiyatun and Rini Sudarmanti, ‘Communication Strategy of Legal Aid Center for the Press in Advocating the Issue of Violation of Rights of Media Workers in the Covid-19 Pandemic’ (2022) 5(1) International Journal of Management, Entrepreneurship, Social Science and Humanities 245–257 Abstract: Several media companies have violated labor rights against their workers under the pretext of efficiency due to the impact of the Covid-19 pandemic. Aggrieved media workers complained to Legal Aid Center for The Press (LBH Pers) for legal assistance. Legal Aid Center for The Press as an Indonesia civil society organization provides legal assistance and advocacy to media workers who have been harmed by media companies under this pretext. Purpose – This study aims to determine the communication strategy used by Legal Aid Center for The Press in advocating the issue of violations of media workers rights during the Covid-19 pandemic. The result of this research is that the Legal Aid Center for The Press has actively implemented a communication strategy through press releases, press conferences, and public discussions. The communication strategy involves the media with the aim of giving public pressure to media entrepreneurs as well as a means of education, and building solidarity among media workers. Research limitations– The scope of this research is only on the communication strategy carried out by Legal Aid Center for The Press on the issue of violations of media workers’ rights related to the Covid-19 pandemic based on the number of complaints that came in throughout 2020. This case is unique because it occurred during the Covid-19 pandemic so it’s happened for the first time and there is less discussed research on the communication strategy of Non-Governmental Organizations (NGOs) that oversee the issue of violations of media workers’ rights during the Covid-19 pandemic.
Rahman, Irham, Totol Minto Leksono and Divi Kusumaningrum, ‘Legal Analysis of the Job Creation Act in Supporting Economic Recovery in the Employment Sector Post-Covid-19 Pandemic’ (Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022), 2023) 61–65 Abstract: The Covid-19 pandemic that occurred 3 years ago had a bad impact on the world economy, including Indonesia. Indonesia is one of the countries that is able to survive the difficult situation due to the Covid-19 pandemic. At the same time as the Covid-19 pandemic, the Government together with the House of Representatives passed the Job Creation Law. Then the problem that arises is whether the Employment Copyright Act in the field of manpower can support economic recovery in Indonesia in relation to its regulatory policies. This research method uses a normative research method using a legal approach and a historical approach. By examining the norms related to this field, this research is able to determine the rules that support economic recovery. The conclusion of this study is that the existing regulations in the Employment Creation Act related to employment generally support economic recovery by making it easier for employers and workers to enter into mutually beneficial work agreements and easier regulations. However, there are several regulations that still do not meet the welfare of workers, so that they are currently still under judicial review by the Constitutional Court.
Rahmanto, Gumelar Taufik Yugo and Arman Nefi, ‘Policy for Widening the Budget Deficit for Handling Covid-19 Reviewed from a Responsive Legal Perspective’ (2024) 11(6) International Journal of Multicultural and Multireligious Understanding 461–479 Abstract: The writing of this article aims to analyze whether the policy of widening the budget deficit for handling COVID-19 is in accordance with the perspective of responsive law. The Corona Virus Disease 2019 (COVID-19) pandemic has caused a multidimensional crisis, the impact of which is felt throughout the world, including Indonesia. The extraordinary impact of COVID-19 conditions occurs in the humanitarian sector and the economic sector. The government took swift measures, through Perpu 1/2020, which specified that the budget deficit could exceed 3%. The research method used is doctrinal legal research, with research typology using descriptive-analytical. The research material uses secondary data, which includes primary, secondary, and tertiary legal materials. The writing of this article will use literature studies whose results are analyzed qualitatively. Through this research, it was found that the policy of widening the budget deficit has provided fiscal space for the government to maneuver in order to finance the handling of COVID-19, which is focused on three areas, namely Health, Social Safety Net, and Economic Recovery. This responsive policy has provided legal legitimacy that allows the Government to achieve its goal of protecting the public from the dangers of the COVID-19 pandemic. The policy of widening the budget deficit has also saved lives and restored the people’s economy.
Rajagukguk, Blucer W et al, ‘Measuring the Impact of COVID-19 Law Response and the Role of Supreme Audit Institutions’ (2022) 12(2) Italienisch 855–862 Abstract: The objective of this paper is to measure the impacts of constitutional arrangement of a state of emergency, especially Covid-19 pandemic, and to suggest the role of Supreme Audit Institutions to reduce those impacts. This paper uses a descriptive analysis to study constitutional arrangement of emergency in several countries and focuses on the Covid-19 law response in Indonesia. This paper also highlights pandemic-related audits which were conducted by Badan Pemeriksa Keuangan (BPK), the Supreme Audit Institution of Indonesia. This paper concludes that emergency response by the government (such as in the Covid-19 pandemic) should not contradict the intention of legal system to achieve justice in society. Moreover, audit by SAIs is crucial to adjust the emergency response. Thus, this paper suggests that SAIs should take the opportunity and perform audit on the pandemic law response to make a difference to the lives of citizens.
Raka, Gunawan, Hamzah and I Gede Arya Bagus Wiranata, ‘Disruption Of Legal Review During the Covid-19 Pandemic and The Role Of Mediation In An Agreement Settlement’ (2022) 15(2) Baltic Journal of Law & Politics 2021–2038 Abstract: Physical construction or construction is a field that continues and develops at all times. Construction is an activity that displays the splendor of a country’s civilization. Every era leaves evidence of civilization through development. The construction of office and residential buildings, and even areas, is an activity performed by the private sector and the general public as consumers. Since the end of 2019, China has faced a new virus attacking humans, which has spread to become a global pandemic known as Coronavirus Disease-19or (Covid-19). All countries are moving behind with the speed at which the virus is spreading and terminating, whereas health Protocol occupies a superior position compared to all other aspects. Covid-19 disrupted all aspects, including the construction sector. The construction agreement was taken, hostage. The developer company failed to build because the bank failed to provide credit due to the precautionary principles; the consumer became a vulnerable party in constructing this legal relationship. This research is normative-analytic by tracing legal theories to solve construction agreement failure due to Covid-19. The results of the study found that the force majeure theory was not fully applicable to this problem. The theory of impossibility is better able to enter into the completion of a construction agreement disrupted by Covid-19. Good faith is an essential asset for lead parties to solutions based on interests. The path of re-negotiation, mediation, or arbitration motivates the court to legitimize the construction agreement’s completion.
Rakhmadhani, Irzal et al, 'COVID-19 Vaccine Hesitancy on Society and Related Legal Regulations' (2021) (583) Advances in Social Science, Education and Humanities Research 281-285 Abstract: In order to overcome the COVID-19 pandemic, all countries throughout the world are prioritizing COVID-19 vaccination. Vaccination is the key to achieving herd immunity in society and reducing COVID-19-related morbidity and mortality. However, the COVID-19 vaccination process in Indonesia is running slowly due to public refusal of vaccines. The Indonesian government has issued various legal actions related to COVID-19 vaccines in society. However, this legal action has caused public controversy, especially in the aspect of providing sanctions for those who refuse the vaccination. The purpose of this study is to look into the reasons for COVID-19 vaccine hesitancy in society, as well as the impact of legal acts that regulate vaccination in increasing vaccination coverage. These research methods are scoping review and normative juridical with statute approach and conceptual approach. Some of the causes of vaccination rejection in society are hesitations of safety, effectiveness, side effects after vaccination, distrust of vaccinations in general, and religious factors. The legal regulations have helped increase community vaccination participation. Presidential Regulation No. 14 of 2021 has regulated mandatory vaccination for those who have met the criteria for COVID-19 vaccination. The Minister of Public Health’s Decree No. HK.01.07/MENKES/4638/2021 regarding Technical Guidelines for Vaccination Implementation in the Context of Overcoming the COVID-19 Pandemic establishes the conditions for vaccine recipients to ensure recipients’ safety by looking to the individual health status of COVID-19 vaccine recipients. Effective communication strategies and behavioral change interventions for vaccine recipients are needed to reduce public refusal.
Rakhmadhani, Irzal et al, 'COVID-19 Vaccination Services: Legal Issues and Protection for Health Workers' (2021) (583) Advances in Social Science, Education and Humanities Research 110-114 Abstract: COVID-19 cases are on the rise, and strict health protocols haven’t been able to keep up. COVID-19 vaccinations are required to slow the transmission of the virus in the community; lessen pain and death caused by the disease; accelerate herd immunity, and protect the community from COVID-19 during the recovery of social and economic activities. However, COVID-19 vaccination is still experiencing various obstacles due to public rejection of vaccination which leads to potential legal problems between health workers and certain community groups. The purpose of this article is to investigate potential legal issues as well as the protection of health workers involved in the COVID-19 vaccination service at Health Service Facilities. The method that is used in this scientific journal is normative juridical. The public’s refusal of COVID-19 vaccination raises various problems, and they lead to public misunderstandings including accusations of vaccination conspiracy by health workers. According to a review of the literature, health workers in COVID-19 vaccination in Indonesia are legally protected if the services are provided in accordance with established procedures. RI Law No. 29 of 2004 concerning Medical Practice, Presidential Regulation No. 14 of 2021, Regulation of the Health Minister of Republic Indonesia No. 269 and 290, and Decree of the Minister for Public Health HK.01.07/Menkes/413/2020 concerning Guidelines for Prevention and Control Coronavirus Disease 2019 all contain aspects of legal protection for health workers.
Ramadani, Rizki Yuli Adha Hamzah and Arianty Anggraeni Mangerengi, 'Indonesia's Legal Policy During COVID-19 Pandemic: Between the Right to Education and Public Health' (2021) 1(6) JILS (Journal of Indonesian Legal Studies) 125-156 Abstract: Basically, every country is obliged to ensure quality education without discrimination against every citizen, including Indonesia. Recognition of the right to education is so important that it becomes one of the goals of the state as stated in the Preamble of the 1945 Constitution, namely to educate the nation's life. However, since the COVID-19 pandemic hit the world, the education sector has also been affected. People have no choice, but to implement the Covid-19 prevention habits and protocols. In the case of Indonesia, the government has closed the schools and universities since mid-March 2020 and switched to the online learning system. In this article, the author will explain the Indonesia’s legal policy in fulfilling the community’s right to education during pandemic, at the same time analyzing how government responds to the public demands. This normative legal research is conducted using a conceptual and statutory approach, which will then be analyzed descriptive-qualitatively. The result shows that educational policies during COVID-19 pandemic can be divided into two phases: early pandemic and new normal transition. In the first phase, the government focused on protecting the health and safety to all communities in the education institution areas by implementing certain protocols, closing the schools and switching to distance/online learning. Although public health and safety are top priorities, the policies resulted in disparities among students. While in the new normal transition phase, The government tends to respond to public demands on education problems by loosening its policies a little through schools disclosure and providing the internet support in online learning.
Ramadhani, Adinda Eka, ‘Analysis of Law No. 6 of 2018 Regarding Regional Health Quarantine During the Covid-19 Pandemic’ (2022) 8(1) SOEPRA 8 Abstract: The emergence of the corona virus pandemic in Wuhan, China in December last year became a global death threat. This is because of the ability of the virus to spread quickly and have lethal health effects. The corona virus has made health quarantine a discourse. This discourse developed because it clearly states and emphasizes that health quarantine is an effective means to break the chain of virus spread in the event of a disaster such as the current corona virus, which can cause huge losses. consequences and losses for the state and people of Indonesia. Law Number 6 of 2018 concerning the Covid-19 quarantine clearly states that there is a prohibition for people entering and leaving an area that is declared a source of an outbreak, including the Ordinance on the Implementation of Isolation, Vaccination Area Quarantine etc. to stop the spread of the outbreak. in Indonesia.
Ramadhani, Rahmat, ‘Eradication of Soil Mafia in the Post-COVID-19 Pandemic Based on National Law and Islamic Law’ (2022) 3(1) Proceeding International Seminar of Islamic Studies (INSIS) 678–686 Abstract: The land mafia takes advantage of land scarcity with land related parties for various purposes. The Ministry of Agrarian Affairs and Spatial Planning (ATR)/National Land Agency (BPN) as the institution most responsible for land administration is still paying attention to the existence of the land mafia. It is necessary to know about the workings of the land mafia who will always seek information about the development of land prices in certain areas by the Local Government such as the Regional Government. This research uses normative law research methods (Normative Law Research). In accordance with the type and nature of the research, the data sources used are secondary data consisting of primary legal materials and secondary legal materials consisting of books, scientific journals, scientific papers and articles that can provide an explanation of primary legal materials. Various efforts were carried out by the government to achieve the goal of eradicating the land mafia, among others through the implementation of land registration as regulated in PP No. 24 of 1997 concerning Land Registration. Indonesia’s national law that discusses the eradication of the land mafia is contained in the Technical Instructions of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency on Prevention and Eradication of Land Mafia. The land mafia is an act of usurping the rights of others, in Islam it is threatened to be hung around his neck from the seven layers of the earth. Sheikh Abdul Azhim bin Badawi al-Khalafi quoted from the Almanhaj page. said, from Sa’id bin Zaid radhiyallahuanhu, he said, "I heard the Messenger of Allah sallallaahu 'alaihiwasallam say ‘Whoever takes a little land in an unjust way, then (Allah) will hang it from the seven layers of the earth’. From Salim from his father Radhiyallahuanhuma, he said, "The Prophet sallallaahu 'alaihiwasallam said: "Whoever takes a small amount of land in a way that is not justified, then he is immersed in the soil on the Day of Resurrection up to seven layers of the earth.”
Ramadhani, Rahmat and Rachmad Abduh, 'Legal Assurance of the Land Registration Process in the Pandemic Time of Covid-19' (2021) 1(4) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 348-358 Abstract: Circular work from home for land office employees needs to be examined whether there is a change in the mechanism in legal certainty of land registration during the Covid-19 pandemic, whether the process of measuring land and signing witnesses whose land borders comply with health protocols outside the land office, especially in the field. The issues that will be studied are the implementation of the land registration process during the Covid-19 pandemic and legal certainty in the implementation of the land registration process during the Covid-19 pandemic. The results show that the land registration process during the Covid-19 pandemic is still the same as before this outbreak, and regarding legal certainty, there are no specific rules regarding the obligation to comply with health protocols when undergoing the land registration process, especially in the field.
Ramdlany, Ahmad Agus, ‘Analysis of Moderatism Principles In The Formation of Islamic Legal Fatwa (Study of the MUI Fatwa on Covid 19)’ (2024) 19(1) Rechtidee 80–102 Abstract: The MUI fatwa is one of the products of Islamic law that is endorsed by the government in implementing a policy, including yesterday when for more than 2 years Indonesia experienced the Covid 19 pandemic. Various policies were implemented by the government to control this pandemic. What is quite crucial is the social restriction policy that is directly related to worship. If you’re not careful, this could become an issue that can be fried politically. This is where the role of the MUI fatwa finds its urgency. By endorsing the MUI fatwa, the government has the legitimacy to place various restrictions on worship. The choice of the MUI is certainly not without reason, the representation of Muslims and moderate principles are the main points. The purpose of this article is to find out the principles of moderation that are held in forming a fatwa. In general, the type of article research is qualitative research, the nature of the research is descriptive, the approach is normative, The technique for collecting data is a literature review technique, by collecting primary and secondary data for later reading and analysis . The data analysis technique used is descriptive and content analysis . The results of the study show that the MUI has issued 12 fatwas regarding the pandemic phenomenon. Of the three fatwas sampled for analysis, namely Fatwa No. 14 of 2020 concerning Organizing Worship in a Situation of a Covid-19 Outbreak, Fatwa No. 23 of 2020 concerning Utilization of Zakat, Infaq, and Sadaqah Assets for Combating the Covid-19 Outbreak and its Impact, and Fatwa Number 14 of 2021 concerning the Law on the Use of Covid-19 Vaccines As a product of Astrazeneca, it was found that the MUI has tried to place itself in the middle, meaning that it has applied the principle of moderation in setting its fatwas.
Ramli, Ahmad M., Tasya S Ramli, Tasya and Gabriela M Hutauruk, 'Patent waiver on COVID-19 vaccine: Indonesian law perspective' (2022) () The Journal of World Intellectual Property (advance article, published onlin e 31 January 2022) Abstract: The second year of the COVID-19 pandemic has not shown any sign of decline. Considering that COVID-19 is a new virus variant, and vaccines are pharmaceutical and life science products that are full of inventions and innovations, the issue of vaccine patents is in the spotlight and attention of the world. Previously, Indonesia had taken the Government's Patent Implementation mechanism for antiviral and antiretroviral drugs used for HIV and Hepatitis B in an effort to reduce the price of these drugs. In light of the global impact of the COVID-19 Pandemic that causes a large number of victims, the idea arose to apply a patent waiver to the COVID-19 vaccine. Second, to formulate what efforts the Government of Indonesia can take in responding to the patent waiver. Results of this study indicate that a patent waiver will actually have an impact on the exclusive rights attached to the inventor, but efforts to implement patents by the Government while respecting patent holders are considered appropriate in emergency conditions such as the COVID-19 pandemic situation, to increase the supply of vaccines globally and provide convenience for the public to access the COVID-19 vaccine. Second, in an effort to address the COVID-19 vaccine patent waiver, Indonesia can apply the Government's Patent Implementation for the COVID-19 vaccine to reduce the price of the vaccine to fulfill public health rights in the midst of the pandemic, while still respecting the vaccine inventors.
Rasyiid, Muhammad Danial Ar and Habib Adjie, 'Legal Due To The Party Layoff Due To Covid 19' (2020) 2(17) YURISDIKSI : Jurnal Wacana Hukum dan Sains 108-116 Abstract: Indonesia became one of the countries infected with Covid-19. This certainly has an impact that can harm the country and society. Therefore, the government issued a policy of Large-Scale Social Restrictions (PSBB) with the aim of deciding the spread of Covid-19. One of the impacts felt by the community with the presence of Covid- 19 is the Termination of Employment (FLE) carried out by several companies to workers on the grounds of force majeure or loss. This reasoning is controversial, bearing in mind that force majeure cannot be said to be a reason that can cause harm as in the Covid-19 outbreak, and is deemed to deviate from Article 164 Paragraph (3) of Law Number 13 Year 2003 concerning Labor.
Rayhan, Muhammad A et al, ‘Acceptance and Willingness to Purchase a Hypothetical COVID-19 Vaccine in a Region under Shariah Law: A Cross-Sectional Study in Aceh, Indonesia’ (2022) 2(2) Narra J [unpaginated] Abstract: Vaccines are urgently needed to control the coronavirus disease 2019 (COVID-19) pandemic. The aim of this study was to determine the acceptance of and willingness to purchase a hypothetical COVID-19 vaccine in the general population of Aceh, a holistic Shariah law implementation province in Indonesia. An online cross-sectional study was conducted using a quota sampling technique between 1 to 24 September 2021. To determine hypothetical vaccine acceptance, respondents were asked if they were willing to accept vaccines with combinations of either 50% or 95% effectiveness and either 5% or 20% risk of adverse effects. Willingness to purchase was assessed by asking whether the participants would pay for such vaccines at certain price points. Logistic regression analysis was used to assess the associated determinants. Out of 377 respondents included in the final analysis, 86.5% were willing to accept a COVID-19 vaccine with 95% effectiveness and 5% adverse effects. The acceptance rate dropped to 45.1% if the risk of adverse effects was 20%. Vaccines with 50% effectiveness and 5% adverse effects were acceptable to 42.2% but the acceptance went down to 17.2% if the risk of adverse effects increased to 20%. Multivariate analysis found that men were twice as likely to accept a vaccine with 95% effectiveness and 5% adverse effects compared to females (aOR: 2.01; 95% CI 1.05–3.86). We found that 156/377 (41.3%) of respondents were willing to purchase a COVID-19 vaccine and of these participants 71.1% were willing to pay between Indonesian Rupiah (IDR) 50,000–150,000 (US$ 3.33–10.00). In conclusion, the acceptance rate of a hypothetical COVID-19 vaccine varied based on effectiveness and the risk of adverse effects.
Ridhani, Rohima Putri, 'Cyber law in Indonesia and Its Relation to Indonesian Copyrights Law' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: Ever Since the Covid-19 pandemic, many country policies have been implemented based on the World Health Organization (WHO). It is hoped the policy itself will help reduce the spread of Covid-19 while looking for a vaccine that can cure the disease. However, these policies have an impact on everyone's activity patterns. The circumstances in which we have to reduce social contact require that we rely on technology such as the internet. The uncertainty of the internet's position in its dimension makes us pay more attention to internet usage and try to be careful in using the internet. The existence of crimes that occur on the internet makes us have to protect the technology we use to access the internet both from outside. One aspect that is very vulnerable to the abuse of the internet is copyright. On the internet, we can easily quote or copy other people's work and claim that it is our work. In this article, we will discuss where the internet's real position is and what should be regulated on the internet? What is copyright, and how is it protected, and how does it relate to the laws governing the internet? This paper's research method is a normative legal research method where the author will explain the theories of the experts and see the existing laws and regulations. With this writing, it is hoped that people can see the importance of copyright protection on the internet.
Ridlwan, Zulkarnain et al, ‘Legal Construction of E-Participation and E-Petition Institutions to Guarantee Public Participation in Pandemic Times’ (Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022), 2023) 599–610 Abstract: Ineffective forms of public participation occurred in Indonesia during Covid-19 pandemic. A condition triggered by the unavailability of an indirect (online) public engagement mechanism, when direct involvement (hearing meetings, public consultations, demonstrations) is limited by pandemic. This study aims to describe the existing conditions of public participation regulations in Indonesia and the possibility of new legal constructions in the form of e-participation and e-petition. Based on the statutory approach, comparative approach, and conceptual approach, this study finds that public participation is guaranteed in Indonesia, as arranged in the 1945 Constitution and Laws. The development of online public participation (e-participation and e-petition) should be open in the context of guaranteeing citizen’s rights, as Covid-19 pandemic limits the space for citizens to be involved in government. As enforced in Russia, South Korea, and UK, the availability of E-Participation through E-Petition, provides space for citizens to participate in government despite the Covid-19 pandemic. Hence, the legal construction for the institutionalization of E-Participation and E-Petition which aims to ensure public participation is appropriate to be drawn up in laws and regulations in Indonesia. However, it is important to anticipate various laxity that are prone to emerge from its implementation.
Riduansyah, Risdalina Sriono, Indra Kumalasari M and Muhammad Yusuf Siregar, 'Children's Rights Conflict with the Law in the Time of the COVID-19 Pandemic' (2021) (10) International Journal of Criminology and Sociology 1154-1162 Abstract: Children are individuals who are less than 18 years old. Children both in the constitution of the Republic of Indonesia and internationally have the right to be protected. This scientific work aims to analyze the rights of children who are in conflict with the law during the covid 19 pandemic, do children who are in conflict with the law during the covid 19 pandemic get special rights? The method used to obtain data in this scientific work is using the empirical juridical method with primary data obtained directly. Based on the results of the analysis conducted, the rights of children who are in conflict with the law during the COVID-19 pandemic in Indonesia get special rights or get special treatment. The rights of children given are the right to survival (survival rights), the right to grow and develop (development rights), the right to obtain protection (protection rights), the right to participate (participation rights). Giving health rights to children in conflict, and resolving legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children.
Ridwan et al, ‘Public Policy of Social Security Due to Covid 19 Legal Justice Perspective’ (2022) 4(2) Awang Long Law Review 341–349 Abstract: Various social security policies due to the impact of the covid 19 pandemic are carried out as an effort to move the national economy and strengthen people’s purchasing power, the restoration of education so that it can be better. The purpose of this study is to find out the policy of social security during the pandemic covid 19 perspective the foundation of legal justice theory. Research methods, using the type of normative legal research with the first approach of legislation (statute approach), second historical approach (historical approach), third conceptual approach (conceptual approach), and Fourth analytical approach (Analytical Approach). While the types and data sources used can be used in two, namely primary legal materials and secondary legal materials focusing on Public Policy of Social Security During the Covid 19 Pandemic Perspective of Legal Justice Theory. The findings in the study showed that various social security policies during the covid 19 pandemic. First Family Hope Program (PKH), Sembako Program Assistance (BPS), Cash Direct Assistance, Cash Social Assistance (BST), Pre-employment Card, BLT small micro-businesses, BLT Village Fund, Productive Banpres for MSME Working Capital, Employee Salary Subsidy, and electricity discount by providing electricity tariff incentives for customers affected by the Covid-19 pandemic, UKT Assistance, internet package assistance for students and students, BSU Lecturer, Pulsa ASN and Kouta are free, as well as other social protection programs. The two foundations of the theory of legal justice to social security policy due to the covid 19 pandemic show that policies in the aspects of education, business groups, communities, and employee salary subsidies, are still considered unable to embrace all elements, although using the distributive justice theory approach, let alone using affirmative justice theory that looks at equality in getting help due to covid 19.
Ridwan, Ridwan, Ifan Sadewa and Karomah Alif Sabilla Rustam Sutoto, ‘COVID-19 Pandemic and Mental Health Law in Indonesia: A Review of Regulations and Implementation Challenges’ (2024) 1(1) Siber Nusantara of Law and Politic Review 1–8 Abstract: The COVID-19 pandemic has had a significant impact on the mental health of people worldwide, including in Indonesia. This article aims to explore and examine the relationship between the COVID-19 pandemic and the legal policies governing mental health in Indonesia. Using a qualitative approach through literature review and legislation, this article highlights the main challenges in the implementation of mental health law during the pandemic, such as social stigma, limited access to mental health services, and a lack of resources. In addition, the opportunity for integrating community-based mental health services was also discussed as a reform step. Through this analysis, it is hoped that solutions can be found to strengthen the legal framework that supports mental health more effectively, including recommendations for policy improvements and implementation strategies for the future. Research findings indicate that policy reform and improved accessibility to mental health services are crucial steps for enhancing the mental well-being of the community during the pandemic.
Ridwan and Muhammad Fuad Zain, ‘Dispensation and Adaptation of Islamic Religious Practices Based on Fatwas of the Indonesian Ulema Council During Covid-19 Pandemic’ [2024] (1) Manchester Journal of International Economic Law 234–248 Abstract: Indonesian government designated the Covid-19 pandemic as a national-scale humanitarian disaster and implemented measures like physical distancing and large-scale social restrictions to stop the spread of Covid-19. These measures have social as well as religious implications such as for collective prayers and worships in mosques. In implementing the restrictive measures to prevent the spread of Covid-19 such as social distancing and lockdowns, the government was supported by a series of fatwas (rulings) issued by the Indonesian Ulema Council (MUI), which has the authority over religious matters. This article applied a qualitative approach to investigate the MUI fatwas on changing the worship procedures during the Covid-19 pandemic and their role in preventing the spread of Covid-19. The main data sources for this research are three MUI fatwas, government policy documents related to Covid-19, and statements made by the government and MUI leaders to the media. In the Islamic law context, the modification of worship rules and procedures was based on the emerging threat of the Covid-19 pandemic warranting legal dispensations. This article found that the MUI fatwas were in line with religious objectives, especially for protecting lives by breaking Covid-19 infection chains in accordance with the government’s social distancing policy. However, the MUI fatwas and circular letters from the Indonesian Minister of Religious Affairs on worship procedures during the Covid-19 pandemic have created a shift in religious practices for Muslims.
Rifai, Eddy et al, ‘Legal Protection of Health Workers Who Experience Violence from Patients and Their Families in the Time of the Covid-19 Pandemic’ (2022) 5(1) Nurani Hukum: Journal of Legal Studies 12–22 Abstract: Along with the number of deaths among health workers during the COVID-19 pandemic, violence against health workers also often occurs. This shows that there is a need for an analysis related to legal protection for health workers. The problems that will be discussed in this research are: What are the legal provisions related to protection for health workers during the COVID-19 pandemic? And what about legal protection for health workers who experience violence The research method uses a normative juridical approach with qualitative analysis. The results of the study indicate that legal protection is an effort to maintain the rights of individuals or groups that can be fulfilled from strong or powerful parties such as the government or businessmen and other parties for the creation of security and public order. Legal protection for health workers is regulated in Article 57 of Law no. 36 of 2014 concerning Health Workers. Meanwhile, health workers who have been attacked have been protected and regulated in Articles 170 and 351 of the Criminal Code.
Riyadi, Sugeng and Suparno Suparno, 'Legal Protection for Umrah Pilgrims During the Covid-19 Pandemic' (Conference Paper, International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: The Covid-19 pandemic causes religious activities to be delayed, even though, over time, religious activities are carried out adaptively to the virus. This paper discusses the legal protection of pilgrims who canceled their departure due to the Covid-19 pandemic. The method used in this study is empirical juridical, which uses a descriptive-analytical approach as an analytical knife. The data used in compiling this paper is literature and legislation data, and the analysis used is the qualitative analysis method. The study results obtained are the cancellation of Umrah's departure in 2020 due to the Covid-19 pandemic while the pilgrims have paid in full. Legal protection in the form of compensation reimbursement, both material and immaterial and rescheduling, is in Law No. 8 of 1999 on Consumer Protection.
Riyawan, Dara Puspita, Jennifer Clarence and M Raihan S Lexmana, ‘Law in The Era of Digitalization and Covid-19 Pandemic’ (2023) 6(Special Issue) Veteran Law Review 41–53 Abstract: Legal developments in Indonesia have an impact on changes in various aspects of the law, such as changes in the form of settlement in the judiciary. Some judicial institutions have indeed implemented a modernization process, but not a few judicial institutions have still used the same litigation method for decades. In the midst of the Covid-19 pandemic, some parts of the justice system experienced an increase in workload, while other parts experienced a decline where there was an increase in requests in the criminal justice sector to consider the repatriation of prisoners in order to reduce the population in prisons. The method used in making the paper entitled ‘Law in the Era of Digitalization and the Covid-19 Pandemic’ is the historical method. This method relies on four activity steps, namely: Data collection (Heuristics), Source criticism (Verification), Interpretation (Interpretation), and Historical Writing (Historyography). The purpose of this journal’s research method is to find out the development and application of lawin the digitalization era and after the Covid-19 pandemic. The result of the conclusion of this method is that the Covid-19 pandemic cannot prevent the fairest enforcement of laws. In this digitalization era, remote trials can still be carried out despite the Covid-19 pandemic. In this era of digitalization, it is easier to implement legal processes in Indonesia.
Rizkia, Nanda Dwi et al, ‘The Impact of the Covid-19 Pandemic on the Implementation of Commercial Contracts Reviewed in Civil Law’ (2024) 6(1) Paulus Law Journal 91–105 Abstract: The COVID-19 epidemic has significantly altered the execution of business contracts, especially with regards to the renegotiation of duties and the use of force majeure. In light of the difficulties brought on by the pandemic, this research examines the ways in which Indonesian civil law, as codified in the Civil Code, deals with matters such as contract modifications. Studying both primary and secondary sources of law is at the heart of the normative legal research methodology. It is frequently necessary to renegotiate contracts in order to modify rights and responsibilities, since the study’s findings demonstrate that force majeure does not necessarily apply to all contracts in a pandemic scenario. Findings from this research stress the need for more lenient laws to resolve contract disputes in the midst of the epidemic and for more transparent rules to govern the use of force majeure.
Rochaeti, Nur and Irma Cahyaningtyas, 'The Socio-Legal Study of Rights Fulfillment and Fostering Prisoner at Correctional Institutions in Covid 19 Pandemic' (2021) 2(21) Jurnal Dinamika Hukum 207-214 Abstract: As part of the integrated criminal justice system, Correctional Institutions play a role as law enforcement officers in addition to having a strategic role in the formation of Human Resources (HR) that are independent, responsible, quality, and dignified. The correctional system is a more humane and normative treatment system for inmates based on Pancasila and is characterized by rehabilitative, corrective, educative, and integrative or order regarding the direction and boundaries as well as ways of fostering prisoner based on Pancasila, which are carried out in an integrated manner between the coach as a correctional officer , being fostered, and integrative or order regarding the direction and boundaries as well as the way of fostering the prisoners based on Pancasila which are carried out in an integrated manner between the coach, prisoners and integrative Public. The problem is how is the socio-legal study of fulfilling prisoner’s rights and fostering in correctional institutions during the COVID 19 pandemic. The research method used is socio-legal, to analyze the policy on Act Number 12 of 1995 of correctional and fulfillment of prisoner’s rights in coaching during the COVID 19 pandemic. The results of the study analysis that the policy in Act Number 12 of 1995 of correctional currently does not accommodate the fulfillment of prisoner’s rights in correctional facilities, prisoner’s guidance is carried out by providing useful skills after leaving correctional facilities for independence and personality, which cannot be fully utilized. Inmates optimally, after leaving penitentiary, infrastructure facilities, as well as health workers in correctional, are needed, especially when the COVID 19 pandemic. The release of prisoners is a dilemma in the condition of the COVID 19 pandemic.
Rohman, Abdul, ‘A Fused Resistance against State-Sponsored Hacking in Indonesia during COVID-19 Pandemic’ (SSRN Scholarly Paper No 4331462, 1 October 2021) Abstract: Digital authoritarian practices are on the rise as surveillance technology industries continue to proliferate. Hacking civil society members’ digital and social media platforms has become the most recent phenomenon demonstrating attempts to oppress activists and dissenters. In the Global South, the COVID-19 pandemic has reportedly opened more doors for governments to potentially abuse the power to govern the Internet and online spheres. This article demonstrates a fusion of individual and collective resistance that activists perform in response to the state’s attempt to silence critiques by hacking digital and social media platforms during the COVID-19 pandemic in Indonesia. Individual resistance manifests in the activists’ self-determination to continue the actions they believe will improve society. Collective resistance appears in the emergence of coalitions comprised of different entities sharing a common goal to fight back authoritarian practices.
Romdoni, Muhamad and Assed Lussak, ‘Pivoting Indonesian Law School Pedagogy in Pandemic Era: A Conceptual Recommendation for Empathetic, Inclusive, and Equitable Experience’ (2023) 2805(1) AIP Conference Proceedings 030003 Abstract: While pedagogy has evolved over time, the fundamental commitment has remained the same. When it comes to legal education, it remains to the last vestiges of an epoch-defining pedagogical method based on the belief that it fosters students’ critical and analytical thinking. Regrettably, this concept falls short for most pupils and the perpetuates social elitism and traditionalism. With Covid-19 pandemic surprisingly shook every ounce of assurance from the world’s foundations in matter of months, pedagogical shift toward equity, evenness, and enlightenment should occur in the classroom. The study is to discuss the possibility of realigning the law school classroom to create a sustainable, equitable learning environment. Incorporating the concepts of evenness and equity into teachers’ lesson plan is important to embody the recent values: a sense of entitlement to a better now and future, combined with gratitude for the progress. A resource and strategy for active learning that engages students, demonstrates relational contracting principles, and exposes students to a variety of legal and non-legal aspects of contracts, negotiations, and the contracting process is needed. Through the development of so-called pandemic pedagogy, Indonesian law schools should be moving toward more egalitarian learning environments that consider the context of students’ learning.
Rosadi, Otong, ‘A History of COVID-19 Handling in Indonesia: A Review of Legal Strategies’ (2023) 11(11) Journal of Law and Sustainable Development Article e1663 Abstract: To combat the Covid-19 pandemic of 2020-2022, the Indonesian Government may use legal politics. Due to this, its legal politics should adhere to the philosophical, sociological, and juridical foundations outlined in Indonesia’s health laws and regulations
Roslan, Rosidi et al, ‘Model of Legal Approach to Pandemic Disease Control in Indonesia’ (2024) 12(1) Journal of Law and Sustainable Development Article e850 Abstract: The research intends to offer a prescription or model for a legal strategy that balances the objectives of health and human welfare to limit disease pandemics in the future. As a result, policies in the Provinces of East Java and West Sumatra, apart from synergizing with central government policies, also make additional efforts and innovations according to specific local characteristics and involve all elements of the Pentahelix community, as well as regional jargon. The harmonious legal approach model is composed of legal effectiveness based on (1) the substance of the regulations, including clear rules, rewards, and sanctions; (2) the institutional structure of the COVID-19 task force, which was formed down to the micro level, including the addition of law enforcement groups and teams; and (3) legal culture or community compliance forms through communication, law enforcement, the involvement of community leaders, and legal pluralism. Responsive law is a means of public aspirations, namely: (1) mainstreaming people’s safety without neglecting economic interests, welfare, or human rights violations; (2) law is state-centered in an emergency context but is limited by human rights and the legal system; (3) the principle of openness to public aspirations and participation; (4) complying with the principle of forward fulfillment; (5) preventing moral hazard, abuse of authority, and corrupt acts taking advantage of crises; 6) active community involvement, involvement of community leaders, and upholding Indonesian values. The implementation of the COVID-19 countermeasures policy in the Provinces of East Java and West Sumatra has succeeded in controlling the transmission of the virus effectively.
Rosmelani, Arlinda, Endang Sutrisno and Sanusi Sanusi, ‘Implementation of Hospital Policies in Legal Accountability of the Doctor in Responsibility of Services (Dpjp) During the Covid 19 Pandemic’ (2023) 7(2) Hermeneutika: Jurnal Ilmu Hukum [pagination unknown] Abstract: Basically, everyone has the right to receive health services and the state is responsible for providing proper health service facilities and public service facilities. The hospital as a business entity organization in the health sector has an important role in realizing public health. During the Covid 19 pandemic, the hospital’s policy to regulate doctors in charge of services was regulated in the Decree of the Hospital Director and the Handbook of Doctors in Charge of Hospital Services. This becomes the regulation that forms the basis of the Doctor in Charge of Service in the implementation of medical care, and the Director’s decree and this guidebook are the main reference for the Hospital. Juridical Consequences due to negligence of the Doctor in Charge of Service, i.e. in civil, criminal law and administration by the Hospital. In an effort to discipline doctors in charge of services who commit negligence in carrying out their duties, it is carried out by the Hospital Ethics Committee through a professional discipline committee, namely the Medical Committee.
Rozi, Raja Mohamad and Nisya, 'Validity and Legal Protection of Defendant in an Online Trial System' (Conference Paper, 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: One of the functions of criminal procedural law is to enforce material law. The point is to reveal the material truth. Since it was enacted, the criminal procedure code has not been separated from the “test” of its application. The various kinds of exercise include: professionalism of law enforcement, challenges to Indonesia’s geographic areas, and the issue of the Covid 19 Pandemic. The Covid 19 outbreak has an impact on the implementation of a criminal proceeding, therefore it creates an obstacle for the meeting of parties in an open and fairly criminal justice system. The Attorney General’s office through the Attorney General instruction No. 5 of 2020 mandates all levels of prosecutors to conduct hearings by teleconference. The online trial also approved by Supreme Court with Supreme Court Circular Letter (SEMA) No. 1 of 2020 concerning Guidelines for implementing tasks during the prevention period of the spread of Covid 19. Based on this, there are conflicting rules. In Articles 11 and 12 of Law Number 48 of 2009 concerning judicial power, the trial is attended by 3 (three) judges assisted by the registrar, the public prosecutor, and the defendant who must be present in the court building room. This obligation is also regulated in several provisions of Articles 154, 159, 196, 227 (2), and 230 (1) and (2) of the Criminal Procedure Court. Based on this, the main problems are: (i) What is the validity of the teleconference/online trial according to legislation? (ii) What is the aspect of legal protection for the accused in the trial process? The research method used is juridical normative by analyzing legal materials against legal concepts and norms in a qualitative and prescriptive manner. The purpose of the research is (i) to find the legal validity of teleconference/online trial, (ii) to find the legal protection of the defendant in the teleconference/online trial process. This research resulted in: (i) Although the validity of the teleconference/online trial is not clear and clean, it is a way out for delay of justice; (ii) The legal protection of the defendant can be provided according to the minimum standards stipulated by the criminal procedure code. Since the Covid 19 Pandemic uncertain, law enforcement must continue and creativity is needed. We suggest that Perpu No. 1/2020 should also contain mechanisms for criminal proceedings to ensure legal certainty.
Rudy and Chaidir Ali, ‘Public Health or Economic Recovery: Regulatory Choice Against COVID-19 in Indonesia’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 43–54 Abstract: Indonesia has made a number of efforts to contain the spread of COVID-19 occurring since March 2020 using both regulatory control and economic stimulant. However, the choice of regulatory and economic policy options to mitigate COVID-19 is not easy for Indonesia, as the strict regulatory control will burden the national economy, while the more loose regulatory control will greatly impact the public health control. Hence. Indonesia is struggling to set the level of regulatory strictness to mitigate the trade-off between the pandemic control of public health and the economic impacts.
Rusdianto, Rusdianto and Diva Pitaloka, ‘Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement’ (2022) 8(1) Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 21–38 Abstract: In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.
Ruslina, Elli and Rita Sekarsari, 'Legal Protection of Medical Staff in Hospitals during The Covid-19 Pandemic Era' (2020) 1(1) International Journal of Latin Notary 29-35 Abstract: This research begins with the Covid-19 pandemic which requires serious control because it has had a dangerous impact on society, especially health workers in hospitals. The research focus is aimed at the legal protection of health workers in hospitals and the state's responsibility for health workers. The research method used is library research, which is a method used by studying literature such as books, legislation and articles, journals related to the subject matter. Primary data used in field research, through interviews with related parties, namely hospitals and health workers. The focus of the discussion is to emphasize more on laws and regulations related to Social Distancing / Physical Distancing policies as regulations for legal protection of health workers as the frontline and state responsibility for health workers. The results showed that various laws and regulations as a policy for handling Covid-19 cannot be realized concretely in the field because they are related to different bureaucracy and implementation. The role of the state in the responsibility for health workers is not The responsibility of the state in this case is that the Government and Administrators of Health Service Facilities are obliged to ensure the sustainability of the availability of standardized Personal Protective Equipment (PPE) for health workers who work in health service facilities.
Sabirin, Ahmad et al, ‘Green Economy as a Law for the Economic Recovery Post Covid-19 Amidst the Increasing Cross-Border E-Commerce in Indonesia’ (3rd International Conference on Law Reform, 2022) 25–42 Abstract: The development of information technology pushed the economic ecosystem toward digital. The convenience provided in online shopping through e-commerce has increased the number of trades in Indonesia. Currently, economic activities are not only carried out domestically but also occur in non-domestic trade. This digitalization brings high competitiveness to domestic and non-domestic business actors. This paper aims to convey that the Green Economy policy is a solution to increase the acceleration of economic recovery in Indonesia post Covid-19 pandemic. The paper is used for normative juridical research. According to Indonesia’s economic records, online trade transactions grew in a positive direction during the Covid-19 pandemic, reaching 70 percent throughout 2020 and in 2022, Lazada reported 73% customers in Southeast Asia see online shopping as a part of their daily life. If we see, although there is an increase, it is not significant. On this occasion, regulatory reforms are needed in order to help accelerate the Indonesian digital economy post the pandemic. However, this law is deemed insufficient so regulations and/or legal norms that specifically regulate digital trade are needed, especially regarding cross-border e-commerce. Besides, trade activities are closely related to monopolistic and unfair competition, so it is necessary to form binding agreements both within Indonesia and international countries to prevent any acts of abuse of international trade progress. In achieving this goal, it is not only the role of the government but also necessary steps such as the establishment of green regulation, green government, and green e-commerce.
Sabri, Ahmad Zaharuddin Sani Ahmad et al, 'Movement Control Order on Legal and Social Aspects: Malaysian and Indonesian Government Initiatives During Covid-19' (2020) 4(1) Journal of Law and Legal Reform 563-576 Abstract: The Covid-19 pandemic hit another grim milestone on as worldwide deaths from the disease exceeded 100,000. Many countries have enforced social distancing rules and even lockdowns in an effort to contain the spread of the virus. Malaysian Government, in almost daily bases proposed initiatives and efforts to uphold Malaysia social, economic and national stability. This article deliberates an analysis on social media sentiment index by topics mentions in Malaysian government. The Malaysian government Covid19 major initiative discuss within this article is the proposition to reopening selected business sectors during Movement Control Order (MCO). This analysis was conducted using Social Media Engagement Growth components such as likes, comments and shares. The social media platform mentions in this study include all mentions or discussion of the initiatives across all public social media, Facebook, Twitter, Instagram, Forums and blogs.
Sadewa, Ari, Rusliyanto Rusliyanto and Dewi Erowati, 'Legal Politics Systematizing Regional Head Election Campaigns in the Era of The Covid-19 Pandemic' (2021) 2(10) Jurnal Ilmu Sosial Mamangan 80-94 Abstract: This study aims to analyze the legal politics of regulating the implementation of regional head election campaigns during the Covid-19 pandemic, and the factors that influence the regulation of regional head election campaigns during the Covid-19 pandemic. The theory used in this study is the theory of the electoral administration model and the theory of legal politics. The approach used in this study is a qualitative approach with library research, which uses normative legal research methods. The results of this study, the legal politics of regulating regional head election campaigns during the Covid-19 pandemic was influenced by: First, violations of health protocols that occurred during candidate registration, involving a large number of masses, resulting in crowds. Second, the increase in the number of Covid-19 cases, which has also begun to target election organizers and regional election participants. Third, the insistence of various parties to postpone the simultaneous 2020 regional head elections. Fourth, the agreement of the DPR RI through Commission II with the Government through the Ministry of Home Affairs and Election Organizers (KPU, Bawaslu, DKPP) in a Hearing Meeting (RDP) on September 21, 2020.
Safitri, Myrna A, ‘Covid-19 and Waste Management Law: Do Hard and Soft Laws Complement Each Other?’ (Proceedings, 3rd International Conference on Law Reform, 2022) 173–182 Abstract: The Covid-19 pandemic has led to various health, economic, and environmental problems. Waste management is one of the environmental problems that have emerged during this pandemic. Countries worldwide are trying to overcome the increase in the quantity and type of waste during the pandemic, such as disposable masks, face shields, and gloves, whether from households, commercial areas, or quarantine homes. Then there is also much medical waste sourced from health service places and places where people do swab testing and Covid-19 vaccinations. Moreover, there are other problems like increasing plastic waste from food consumption in the household during work and school activities from home. These waste problems add to the complexity of waste management, especially in developing countries which still needs improvement in their law and policy, technology, capacity, and legal awareness of the community in waste management. An interesting legal phenomenon during the Covid-19 pandemic is the widespread use of soft laws in the form of protocols, circulars, instructions, and appeals. This paper aims to study various forms of soft law used by the Government of Indonesia to manage Covid waste and analyze their compliance with national laws. This paper consists of two main parts: describing the trends in the use of soft law in waste management during the Covid-19 pandemic, and an analysis of the relationship between ‘hard law’ and ‘soft law’ in handling COVID-19 waste.
Safitri, Myrna Asnawati and Firman Firman, 'Animal Welfare and Covid-19 in Indonesia: A Neglected Legal Issue' (2021) 1(7) Hasanuddin Law Review 1-11 Abstract: The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthro-pocentrism and ecocentrism compete in animal welfare laws.
Saman, Faizal, ‘Debatable of Indonesian Citizens’ Rights and Obligations Regarding the Covid-19 Vaccination Policy’ (2022) 4(2) Estudiante Law Journal 309–321 Abstract: The purpose of this study is to examine the rights and obligations of Indonesian citizens regarding vaccination. This research uses a type of normative legal research with a statute approach. Collect data by grouping and reviewing regulations, library materials, books, and other sources related to problems in this study. The results showed that polemics that led to pros and cons related to vaccination were caused by several factors such as vaccines being new, the safety of vaccines that cannot be passed, and the sanctions imposed on those who refuse vaccines. The pro-life community considers vaccination to be an obligation and the contras think that the imposition of vaccination is in line with the right to health. There are several variables for the reason for the vaccination policy to be implemented, namely the state in a state of emergency, namely in a pandemic crisis, and subsequently related to the human obligation to respect the human rights of others (the right to the health of others). Thus, the problem of legal certainty from the implementation of vaccination is an obligation of Indonesian citizens.
Santiago, Faisal, 'Credit Relaxation Policy During Covid-19 Reviewed from the Force Majeure Aspect' (Conference Paper, International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: In the Coronavirus disease 2019 (Covid-19) situation that hit Indonesia, it had an impact on the economy and disrupted the liquidity of banks and other financial institutions. Micro, small and medium enterprises, who have an obligation for the credit they have taken, which have an impact either directly or indirectly on the performance and capacity of the debtor in fulfilling credit or financing payment obligations. The formulation of the research problem: Did the relaxation of credit provided by banks during the Covid 19 pandemic not deviate from the force majeure aspect? The findings of the research on the credit restructuring policy have deviated from the legal aspects contained in Article 1245 of the Civil Code regarding force majeure. In conducting credit restructuring, it is necessary to have deliberations between creditors and debtors, in order to realize the principle of balance and not to deviate from the force majeure aspects contained in Article 1245 of the Civil Code.
Santoso, Aris Prio Agus and Erna Chotidjah Suhatmi, 'Employment Termination in the Middle of Covid-19 Pandemic: Labor Law Point of View' (2021) 1(8) UNIFIKASI : Jurnal Ilmu Hukum / Journal of Legal Studies 86-94 Abstract: Article 28D paragraph (2) of the 1945 Constitution states everyone has the right to work and to receive fair and proper compensation and treatment in a working relationship. It is emphasized in Article 151 (1) of Law no. 13/2003 concerning Manpower. The entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent an employment termination. In fact, many workers have been terminated and some even did not receive any severance pay at all. Accordingly, the researchers formulated the following research questions: how to terminate employment in the midst of the Covid-19 pandemic, and how is the government’s responsibility for the welfare guarantees for workers. This research employed a normative juridical approach by collecting data from literature studies. The data obtained were analyzed qualitatively. The findings revealed the layoffs in the midst of the Covid-19 pandemic were a breach of contract by entrepreneurs. The entrepreneurs were still obliged to provide severance pay, reward money, and compensation money. In addition, the government has also provided accountability in the form of an economy, the Pre-Work Card. With this card, workers can develop workforce competence, increase productivity and competitiveness of the workforce, and develop entrepreneurship. The Manpower Office responsible for this program also participated in the workforce supervising and guiding
Saputri, Ade Ayu and Selly Septiandini, 'Online Learning Process According to Law Number 12 of 2012 Article 31 Concerning Distance Education During the Pandemic Period of COVID-19' (2020) 2(2) Kader Bangsa Law Review 247-263 Abstract: 2020 is a year that worries all countries, including Indonesia. This is due to the emergence of the Coron virus outbreak which has spread throughout the world. Initially the government did not follow the methods used by several other countries regarding the information provided about the corona COVID-19 virus, namely by taking a quick reaction to preventive socialization. The reason is that the Indonesian people are not worried about worrying issues, in addition to minimizing hoax news from a handful of irresponsible people. Finally, the Covid-19 outbreak is also a matter of concern for the community, because many Indonesians have been affected by this virus transmission. Therefore, the government took the initiative to adopt a large-scale social restriction policy where there were restrictions such as restrictions on transportation, doing work from home, carrying out teaching and learning activities at home online. So that it also has a direct impact on students as well as students in Indonesia. This study uses a qualitative research method with a literature approach (normative). The data obtained comes from several regulations, such as Governor Regulations and several other regulations and policies. The results of the study state that Indonesia has experienced a condition where the public's concern about Covid-19 is quite large so that government policy is needed to carry out large-scale social restrictions in an effort to break the chain of spreading the Covid-19 coronavirus.
Saraswati, Putu Sekarwangi, 'Law enforcement during the COVID-19 pandemic in Indonesia' (2020) 7(5) International Journal of Arts Humanities and Social Sciences Studies 32-36 Abstract: Law enforcement is the process by which efforts are made for the establishment or functionning of legal norms as a real guide to behavior in traffic or legal relations in the life of society and the state. The community needs law enforcement for a sense of justice, legal certainty, and benefits in society. At this time the Covid-19 Pandemic spread throughout the country. Although there is still a Covid-19 Pandemic, law enforcement continues. Law enforcement is carried out by law enforcement agencies. Law enforcement agencies that continued to carry out law enforcement during the Covid-19 Pandemic period were the National Police, the Attorney General's Office, the Supreme Court (MA) and the KPK through law enforcement officials. Law enforcement continues to be carried out during the Covid-19 Pandemic. With the aim of maintaining a sense of justice, legal certainty, and benefits in the community during the Covid-19 Pandemic era. The National Police in enforcing the law during the Covid-19 Pandemic era by issuing a Secret Telegram (TR) and the police crack down on crowds of citizens. In law enforcement during the Covid-19 Pandemic period, the Supreme Court tightened the work system in the judiciary. By issuing MA Circular Letter Number 1 of 2020 concerning Guidelines for Implementing Tasks During the Prevention Period of Covid-19 Distribution within the Supreme Court and its Judicial Bodies. During the Covid-19 Pandemic period the Attorney General's Office continued to carry out law enforcement, the prosecutor's examination process in a case continued during the Covid-19 Pandemic period and continued to carry out trials. In law enforcement during the Covid-19 Pandemic period, the Corruption Eradication Commission (KPK) prosecution such as investigators and prosecutors continued.
Sari, Rosnida, Erwin Nur Rif’ah and Dina Tsalist Wildana, ‘The Phenomenon of Child Marriage in the Pandemic Based on Legal, Social and Health Studies’ (2023) 4(2) Indonesian Journal of Law and Society 41–59 Abstract: This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 women aged 20-24 get married before the age of 18. This research was conducted in Jember Regency by taking 17 representations in 9 sub-districts. This study uses a qualitative method with an observation and interview approach. From the results of the study, it was found that a small proportion of informants were legally married at Religious Affair Office because they had not met the minimum age for marriage, which was 19 years. Some informants applied for a marriage dispensation at the Religious Courts, and some falsified the date of birth by increasing the age so that it meets the minimum age for marriage. Before getting married, a small number of informants got engaged first and most of them did not go through the engagement process. Informants who are engaged are usually engaged for a relatively long time, between 10 months to a year and then get married. Child marriage is against fundamental rights and freedom of children. The recommendation from this study is the need for more intense socialization about the rules of marriage age and the dangers of early marriage, especially related to their health.
Seregig, I. Ketut; Hartono, Bambang and Budi Waskito, 'Impact of Corona Virus on Criminal Action and Prevention Measures in Indonesia' (2020) 2(3) Sociological Jurisprudence Journal 117-125 Abstract: This article is data obtained from interviews with traders in traditional and modern markets about the impact of criminal acts due to the corona virus outbreak in Indonesia. The data is supported by secondary data collected from official sources, among others published by the ministry of trade and other social media. The purpose of writing this article is to provide input on a corona virus epidemic prevention plan and mitigate the impact of criminal acts due to hoax news related to corona virus outbreaks. The impact of the corona virus outbreak in the community is the accumulation of protective masks that cause the price of masks to rise in the market, the spread of hoaxes by people who are not responsible, among others; hoax news with the contents "corona virus cannot stand the heat", and "red ginger, kaempferiagalanga, curcuma, pepper are considered as drugs that can fight the corona virus" which results in an increase in the price of rhizomes and spices and is becoming rare in the traditional market. The stakeholders under the coordination of the Coordinating Ministers undertook strategic actions including the National Police and the Ministry of Health and the Regional Head who carried out market operations for the distribution of masks, ginger and spices distribution in traditional markets. As a result, the team formed by the National Police, assisted by the Ministry of Health, succeeded in capturing mask hoarders in the Jakarta area. The hoarders are prosecuted by carrying out law enforcement and bringing the perpetrators to justice.
Setyadi, Yusef, 'Social and security impact of COVID-19 outbreak in West Kalimantan based on the police law perspective' (2020) 1(20) Syariah: Jurnal Hukum dan Pemikiran 14-27 Abstract: There is a dilemma in implementing social distancing as a government policy program to stay at home. For this, the author analyzed the police law perspective, especially the role of the National Police in overcoming the problems during the enactment of government regulations. The study was conducted using primary and secondary data. Primary data obtained through observation and interview, while secondary data obtained through library research. The data was then analyzed qualitatively and presented descriptively. From the results, it was concluded that the impact of the Covid-19 outbreak in the area of West Kalimantan Province was relatively safe and well-controlled which was indicated by no extraordinary crimes there. Polices had carried out their duties in all aspects both in maintaining security and public, law enforcement, protection, guard, and community services.
Sholeh, M. Asrorun Ni’am, 'Towards a Progressive Fatwa: MUI's Response to the COVID-19 Pandemic' (2020) 2(20) AHKAM : Jurnal Ilmu Syariah 281-298 Abstract: This study examines the Fatwās issued by the Indonesian Ulama Council (Majelis Ulama Indonesia/MUI) on Indonesian Muslim attitudes and practical procedures towards their religious behaviors and public demands on the government appreciation and recognition. The fatwās present logical reasoning which has attracted the government’s attention to adopting them and issue legal products based on them. With a normative legal research approach, this study is considered as qualitative research which using critical legal theory to analyze the important points in the Fatwās. As a result, this study finds four important cases in the fatwā on religious attitudes and behaviors during the COVID-19 pandemic: first, the fatwa on COVID-19 has logical reasoning which is in line with paramedical advice; second, the fatwa on COVID-19 is consistent with the government political interests concerning physical and social restrictions; third, the fatwa on COVID-19 ends the negative stigma on the political role of religious actors; and fourth, the fatwa shows the increasing role of Kiai (religious figures) from cultural brokers to actors of Islamic legal scientism.
Siahaan, Nomensen Freddy, 'The Covid-19 Pandemic and Its Relation to the Commercial (Economic) Law, Labor Law, State and International Role' (2021) (618) Advances in Social Science, Education and Humanities Research 575-578 Abstract: The Covid-19 pandemic is an epidemic global. This affects many things such as health, economy, social, culture, law, including Manpower, and other sectors. Of course, this is not what we want and beyond our expectations. Now all eyes of people in the world are very concerned about the spread of this virus because if we consider this virus to be underestimated, then we or people around us might become victims. At this time, the author will focus on research on manpower which is also affected by the Covid-19 Pandemic. This is the reason and concern for the author because it has shaken the labor sector, especially for workers affected by this Termination of Manpower. The role of the State and the International Labor Organization is urgently needed because this emergency was massive and brought many disadvantages to a lot of parties, especially workers who were laid off. In domestic situations, the Government must actively provide a social safety net for people affected by the termination of Manpower. Not only within the country, international institutions such as the ILO should also provide assistance and technical input in several areas, from training and skills to microfinance and small business development, and others.
Siboy, Ahmad and Sholahuddin Al-Fatih, ‘The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic’ (2022) 8(1) Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 65–86 Abstract: The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
Sihombing, Eka N. A. M. and Cynthia Hadita, 'Administrative Measures Problems in Medan Mayor Regulation Number 11 of 2020 Concerning Health Quarantine in the Accelerated Handling of Covid-19' (Conference Paper, 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: Medan Mayor Regulation Number 11 of 2020 concerning Health Quarantine in the Context of Accelerating Handling of Corona Virus Disease 2019 (COVID-19) in Medan City, hereinafter referred to as Regulation of Mayor (Perwal) COVID. Based on the COVID-19 regulation, the Medan city government began to carry out mask raids in various crowded places, to several violators. The Civil Service Police Unit personnel immediately took administrative actions, one of which was the detention of electronic identity card (KTP-el). The purpose of this research is to unravel the problem whether the administrative measures contained in the COVID-19 regulation are in accordance with the general principles of good governance and higher legislation. The method used in this paper is normative juridical legal research, using an approach to legal principles and statutory regulations. The nature of the research used in this paper is prescriptive. The results showed that administrative action in the form of detention of KTP-el is formulated inaccurately. Such actions have the potential to cause members of the public to violate the provisions of other laws and regulations which result in the imposition of administrative fines based on the provisions of Article 63 (5) jo. Article 91 (1) of Law No. 23 of 2006 concerning Population Administration as amended by Law No. 24 of 2013.
Sihombing, Eka N. A. M., Cynthia Hadita and Muhammad Yusrizal Adi Syaputra, 'Legal Securities Against Privacy Data for Covid-19 Patients in Indonesia' (2021) 1(4) Veteran Law Review 35-52 Abstract: The dilemma of disclosing patient privacy data to the public is faced with a consolidation like two sides of the currency. If opened, it will make it easier to know the contact tracing of covid-19 patients to minimize the potential of others infected. However, on the other hand, patient privacy data needs to be protected as guaranteed by the constitution and its various degradations.
Silalahi, Allena Marvelia, ‘Legal Protection for Workers Experiencing Unilateral Wages Cuts by Companies Due to the Covid-19 Pandemic’ (2023) 2(1) QISTINA: Jurnal Multidisiplin Indonesia 666–671 Abstract: One of the issues that is currently surfacing is companies cutting workers’ wages due to the Covid-19 pandemic. Actual wage deductions can be made in labor or wage regulations if they are based on: In accordance with the agreement between the employer and the worker and of course the applicable legal provisions. However, it is also true that many companies are cutting wages without workers’ consent due to poor business conditions exacerbated by the pandemic. The survey method used in this research is a prescriptive law survey method, namely a survey that uses secondary information sources based on positive law in the field of employment as the main source of information. In the case that occurred at PT Y Bandung City, the company failed to fulfill the requirements and obligations to workers/laborers due to unilateral wage deductions. The way to reduce worker/labour wages during the Covid-19 pandemic was supposed to be with an agreement between the company and workers/labourers and it turned out that PT Y Bandung did not fulfill what was required of Law No.13. Mandate related to employment and Sekda No. 3 of 2020 mentions cutting wages during the Covid-19 pandemic and must be in line with the company’s agreement.
Simamora, Anggiat P. and Ramsul Nababan, 'Legal Analysis of Covid-19 Vaccination Obligations and Sanctions: Interest Theory Perspective' (2021) 2(4) ENDLESS : International Journal of Future Studies 170-179 Abstract: This paper will answer two questions related to whether there is a need for sanctions for those who refuse to be vaccinated, what sanctions are appropriate from the perspective of interest theory, and what is the legal basis for imposing sanctions for those who refuse to be vaccinated in Indonesia. This study uses a sociolegal approach from the perspective of interest theory, it is found that sanctions can not only be given but must be given to those who refuse to be vaccinated. According to this perspective, the appropriate sanction is not fines or imprisonment, but deprivation of the right to socialize. The legal basis for imposing sanctions for those who refuse to be vaccinated is Article 5 of Law 4/1984 and PerPres12/2021. The sanctions referred to are administrative in nature in the form of termination of social security or social assistance, postponement or termination of government administration services, and fines. These sanctions do not contribute to stopping the spread of the Covid-19 virus, so it is recommended that amendments to these provisions are necessary.
Simanjuntak, Apri Ando and Firmansyah Nasution, ‘Policies Relating to Criminal Economic Law to Overcome the Covid-19 Pandemic in Indonesia’ (2024) 9(3) Syntax Literate: Jurnal Ilmiah Indonesia 1941–1957 Abstract: The legal vacuum (leemten in het recht) surrounding Criminal Economic Law in Indonesia amid the unprecedented Covid-19 pandemic necessitates the formulation of appropriate legal policies to address this novel phenomenon. This study aims to elucidate the existing legal policies pertaining to Criminal Economic Law in Indonesia and to propose policies specifically tailored to mitigate the impact of the Covid-19 pandemic. Adopting a normative legal research approach with a legislative and conceptual focus, the study examines both substantive and procedural legal aspects. The findings reveal two main categories of policies: those of substantive law and procedural law. These policies strive to strike a balance between providing deterrence against economic crimes while considering the unique challenges posed by the Covid-19 pandemic. In conclusion, the study underscores the importance of formulating legal policies that reflect proportional justice, effectively deterring economic crimes while considering the context of the ongoing public health crisis.
Simandjuntak, Reynold, Henry Lumenta and Wenly Lolong, ‘Legal Protection for Workers for Termination of Work Due to the Covid-19 Pandemic’ (Unima International Conference on Social Sciences and Humanities (UNICSSH 2022), 2023) 1885–1889 Abstract: The purpose of this study is so that everyone can know and analyze the harmony of legal protection of workers who have experienced (PHK) because the Covid-19 Pandemic on the grounds of force majeure in the manpower act and what legal action can taken by affected workers. The method used in this research is a normative legal method approach by prioritizing legislation (statue approach) using law number 13 of 2003 concering manpower. The results of this study prove that the Covid-19 pandemic can be categorized as force majeure because the parties cannot predict the Covid-19 pandemic and do not have a contributory effect and this pandemic is an obstacle that occurs in general.
Siregar, Fitriyani Dewi and Muhammad Yusrizal Adi Syaputra, 'Legal protection of data security of e-commerce applications during the COVID-19 pandemic' (2021) 2(2) NOMOI Law Review 252-264 Abstract: The rapid progress in the field of information technology has contributed greatly to the development of the world of information and electronic transactions. The security of consumer personal data that enters e-commerce data should be a guarantee given by the company to its consumers. This study aims to find out the legal protection for data/information security of e-commerce application users during a pandemic. This study uses normative legal research with analytical descriptive methods to explain, describe, and correlate legal regulations and theories with the problems that occur. Data analysis was carried out qualitatively. The results of the study indicate that the electronic system operator must ensure the availability of service level agreements, the availability of information security agreements for the information technology services used; and security of information and means of internal communication held. Then, the operator of the electronic system must ensure that each component and the integration of the entire electronic system operates properly. Especially in the era of the covid-19 pandemic, it is appropriate that the regulation of personal data protection can be immediately upgraded to the level of the law. Keywords: Protection; Security; Personal Data; E-Commerce.
Sitepu, Yosua Prima Arihta et al, ‘Legal Problems Regarding the Crime of Fake News (Hoax) during the Covid-19 Pandemic’ (2024) 3(1) Formosa Journal of Applied Sciences 53–68 Abstract: The problem of spreading fake news/hoaxes. This happens almost all over the world, including Indonesia. One example of hoaxes in Indonesia is the spread of false information in North Sumatra province, especially through social media. Thesis writing technique This research approach is a normative legal system. The results of the study show that Developing a Criminal Law Policy to Combat False Information Crimes Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the Criminal Code, Law no. 1 of 1946 concerning Criminal Law Regulations, and Law Number 1 of 2023 concerning Electronic Transaction Information (ITE). Provisions related to the COVID-19 pandemic are in the updated Criminal Code.
Situmeang, Ampuan et al, ‘Navigating the Pandemic: Social-Legal Approaches for Establishing a Specialized Infectious Disease Hospital’ (2024) 7(1) Nurani Hukum_ _Abstract: In accordance with Government Regulation "Perpres No. 52 of 2020," the construction of a Special Infection Hospital (Rumah Sakit Khusus Infeksi/RSKI) was completed, and the BMN administration was transferred to the Ministry of Defense. Currently, the RSKI functions as an emergency clinic dedicated to treating COVID-19 patients explicitly. Once the pandemic is declared over, the RSKI will serve as a medical clinic for maintenance purposes. This study aims to examine and analyze the establishment of the RSKI from legal perspectives. It also to identify challenges or obstacles encountered by the Batam City Government pursuant to the construction of the RSKI for the purpose of treating and reducing the Covid-19 patients. Hence, this study utilized socio-legal research by collecting primary data through in-depth interviews with stakeholders, The secondary data was also used and collected through library research. Both data were analyzed by using qualitative approaches. It was found that the establishment of the RSKI was based on Law Number 44 of 2009 on Hospital. However, the Batam City Government remained to face challenges in handling the Covid-19 pandemic because of a lack of people’s awareness on health protocols, consequently many of them rejected the Covid-19 vaccines. Furthermore, Batam City was pointed as the entry point of the repatriation of Indonesian migrant workers from Malaysia and Singapore. The RSKI had fewer adequate facilities to provide effective treatments to the Covid-19 patients.
Situmeang, Ampuan, Rina Shahriyani Shahrullah and Adolfh Brelly, ‘Socio-Legal Approaches To Combat Fake News (Hoax) On Social Media Pertaining Covid-19 In Batam City (A Case Study Of The Virginia Ship)’ (2023) 6(1) UNES Law Review 2494–2502 Abstract: In 2020, a hoax was disseminated through social media in Batam City, claiming that the captain of the Virginia Ship had contracted Covid-19. This hoax immediately caused significant concern among the residents of Batam City, as the ship was anchored in their city. This study aims to identify the strategies employed by the Regional Police of Riau Islands Province to combat hoaxes, specifically focusing on the case of the Virginia Ship. To achieve this objective, socio-legal research was conducted, which involved in-depth interviews with relevant stakeholders from the Regional Police of Riau Islands Province. Additionally, secondary data collected through library research was utilized. All data was qualitatively analyzed. The findings of the study indicate that the enforcement of laws against hoaxes on social media pertaining to COVID-19 news in Batam City has been effective. This success can be attributed to the establishment of a Cyber Crime Investigation Satellite Office situated at the Kepulauan Riau Regional Police headquarters.
Situmeang, Ampuan and Winsherly Tan, 'Fulfillment of Human Rights in Public Services During the Covid-19 Pandemic in Indonesia' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: Good governance can provide welfare to the community. Therefore, the administration of government in Indonesia should be able to take a serious concern to the principles of good governance as regulated in Article 89 of Act Number 30 of 2014 on Government Administration. One of its principles is to provide good public services where this public service is one of the basic rights of citizens. In the era of the COVID-19 pandemic, many aspects of the lives of citizens need to be served. However, with the existence of government policies such as work from home, Physical Distancing, and Large-Scale Social Restrictions for most of the State Civil servants, this is a big challenge in carrying out good governance in providing public service rights for citizens. The objective of this research is to analyze good governance and its best solutions in providing public service rights in the pandemic era. The research method used in this research is normative juridical, while the type of data used is secondary data. Secondary data consist of primary legal materials such as Law Number 30 of 2014, Law Number 25 of 2009, and Law Number 39 of 1999 and the theory of state welfare by Muchsan which states that the state is required to provide the best and widest possible service to its citizens.The results showed that the number of complaints about public services during the Covid-19 pandemic increased. First, the Ombudsman of the Republic of Indonesia Representative of Central Java received 87 reports of public complaints during the Covid-19 pandemic. The distribution of social assistance is the largest type of report. Second, in Jakarta, from March to June 25th, 2020, there were 23,466 reports. Most of the topics of complaints were about social assistance, economics matter, and physical distancing. The government has made an effort in responding to public service reports. One of the efforts is that the Ministry of Empowerment of State Apparatus and Bureaucratic Reforms has issued Circular Letter Number 53 of 2020 concerning a special mechanism for managing complaints about Covid-19 and developing rule-based features that allow reports to be automatically followed up by the admin. However, several solutions need to be done and improved, such as the need for innovation in all sectors by building a public service innovation ecosystem which includes awareness, improving capacity and empowerment, and also integrating and managing the process.
Siwu, Sonya Claudia and Rofi Aulia Rahman, ‘The State of Emergency in Indonesia. A Great Lesson from the Covid-19 Pandemic’ (Proceedings, 3rd International Conference on Law Reform, 2022) 124–137 Abstract: The Covid-19 pandemic is interpreted by the President as a public health emergency (KEPPRES No. 12 of 2020). None of those declarations refers to either Article 12 or Article 22 of the 1945 Constitution of the Republic of Indonesia, although the situation (de facto) meets all the criteria of a state of emergency. On behalf of justice, normal law shall be applied in a normal situation, while in an abnormal situation, an abnormal law shall be applied. Regarding that issue, this paper investigates these three questions: i) why is the state of emergency not applied in the time of Covid-19? ii) how to measure the scale of the emergency of Covid-19 pandemic from the perspective of the state of emergency? iii) how should the law of the state of emergency in Indonesia overcome the situation in the future? These questions would be discussed on the level of legal philosophy using legal politics approach, statutory approach, conceptual approach, theoretical approach, and comparative approach. The main principle is solus populi suprema lex. It should be implemented properly. The results of this study indicate and explain that the state emergency law must adhere to the concept of people’s security is state security. In addition, state emergency laws must be anticipatory to new and very diverse developments and forms of danger.
Subroto, Wandi, ‘Hoarding of Personal Protection Tools during the Covid-19 Pandemic: Criminal Law Study on Consumer Protection’ (2022) 5(1) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 6551–6561 Abstract: During the pandemic, some unscrupulous perpetrators hoard Personal Protective Equipment (PPE), which then causes a shortage and an increase in the price of PPE. This is a problem that is quite worrying for consumer protection. This study will examine how criminal law in consumer protection looks at the issues regarding the hoarding of PPE by these elements. The research will be carried out using a normative juridical method. The approach used is a statute approach and a conceptual approach by looking at the law, research results, and previous studies related to this research. The study results found that criminal law plays an essential role in consumer protection. Then this criminal law can be used to take action against the perpetrators of hoarding PPE based on the Trade Law and the Business Competition Law.
Sugiastuti, Natasya Yunita, ‘Force Majeure as a Justification for Failure to Fulfill Contractual Obligations Due to the Covid-19 Pandemic: Suspending or Terminating Contract?’ (Proceedings, 3rd International Conference on Law Reform, 2022) 202–218 Abstract: As a result of the Covid-19 pandemic, large debtors experienced performance failures so that the President of the Republic of Indonesia designated Covid-19 as a non-natural disaster and a national disaster in Presidential Decree (Keppres) No.12/2020. The Civil Code has provided rules to anticipate failure to contractual obligations caused by circumstances beyond the parties’ ability through measures of defense against non-performance on the grounds of force majeure. The problem lies in whether the parties impeded in carrying out contractual obligations can use Presidential Decree No.12/2020 as a cause for force majeure. This study examines whether Presidential Decree No. 12/2020 meets the criteria for force majeure as regulated in the Civil Code. This research is normative legal research examining the legal norms regarding force majeure regulated in Articles 1244 and 1245 of the Civil Code. The researcher deployed legislation as primary legal material and legal doctrine as secondary legal material. Data were obtained through literature studies incorporating electronic textbooks attained through the google scholar search engine. The data were analyzed qualitatively, and conclusions were drawn based on deductive reasoning. The results indicated that Presidential Decree No.12/2020 is a fact that does not require proving. However, the event of force majeure alone is an inadequate cause for non-performance; instead, causality between the force majeure and the failure to perform must be proved. Similarly, it also needs to be confirmed that the debtor acts in good faith. In concrete cases, judges have the authority to perform the primary function of good faith by either suspending the performance of contractual obligations or terminating contractual relations and determining the responsibility of bearing the risks caused by force majeure.
Suhaimi, Roslaini Ramli and Enzus Tinianus, 'The Rights of Defendant in the Virtual Court Examination During Covid-19 Pandemic at Banda Aceh District Court' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: A defendant is a person who is accused of having committed an is included in a criminal act based on the evidence obtained, which results in being examined and tried in court. The examination of criminal cases at all levels of examination is carried out in accordance with the Criminal Procedure Code (KUHAP). KUHAP has given legalization to the accused to defend his interests, especially in the process of examination at court proceedings, because this right is very risky in proving the defendant’s guilt. However, with the outbreak of Corona Virus Disease 2019 (Covid-19) criminal case examinations have begun to be carried out online or virtually. It was feared that the trial was virtually neglected by the defendants’ rights. This article attempts to answer the following questions: (1) Is the virtual court mechanism in line with the prevailing laws and regulations? (2) How was the implementation of the defendant’s rights in a virtual trial during the Covid-19 Pandemic Era? According to the results of the research, the trial mechanism and the law of the procedure are still implemented according to the KUHAP. The trial process was the same as regulated in KUHAP, except that the defendant remained in the Detention Center (Rutan). This is to protect the community in preventing the spread of Covid-19. The rights of the defendant at trial must be maximally fulfilled. No rights of the defendant are neglected because the judge still follows the procedure as regulated in the KUHAP. In implementing the rights of the defendant, it relies fully on the role of the Legal Counsel, because it is the Legal Counsel who will fight for the rights of the defendant in court.
Suhartono, Suhartono, ‘Legal Certainty and Benefits in Emergency Use Authorization of Sinovac Vaccines as Halal Products During the Covid-19 Pandemic Outbreak in Indonesia’ (2022) 5(1) The 5nd International Conference and Call Paper 198–207 Abstract: The World Health Organization (WHO) has declared COVID-19 as a Global Pandemic and the Government has declared a public health emergency of Corona Virus Disease 2019 (COVID-19) in Indonesia through Presidential Decree Number 11 of 2020 concerning the Determination of the Public Health Emergency of Corona Virus Disease 2019 (COVID-19).So that countermeasures must be carried out in accordance with the provisions of the legislation. Therefore, it is necessary to conduct an effective intervention to break the chain of disease transmission, namely through vaccination efforts. On January 11, 2021, BPOM gave approval for the Use of Sinovac Vaccine in Emergency Use Authorization.” The research used is empirical juridical research, which examines the applicable legal provisions and what happens in reality in society. Concluded the emergency use of Sinovac Vaccine as a Halal product has legal certainty and benefits.”
Suharyo, Suharyo et al, 'Legal Aspects on the Implementation of Criminal Sanctions in Regional Regulations to Enforce Health Protocols in the Era of Covid-19 Pandemic and Its Problems' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: This study aims to determine and analyze the approach taken by some Indonesian provincial-level of governments to overcome the Covid-19 pandemic through the formation of regional regulations which incorporate and apply the form of criminal sanctions. This study uses a qualitative-juridical normative approach, which is categorized as library research. In the context of literature research, this study is carried out by collecting data from newspapers, laws, regulations, and various selected secondary materials through which an in-depth and comprehensive analysis is then employed. This study finds out that regional regulations in response to the Covid-19 pandemic, as delegated by higher regulations i.e., the laws, need to be optimized for their effectiveness. This simply means “optimizing the rules while at the same time avoiding the idea of any judicial review attempt from parties who think that there are problems with the regional regulation”. This study also points out that after the implementation of the so-called Large-Scale Social Restrictions (PSBB) for more than 6 months, only two provinces have local regulations to prevent and control the spreading of Covid-19, namely NTB and West Sumatra. However, the fact that DKI Jakarta as the center of government and Indonesia’s pivot of economy, still relies upon the Governor Regulation Number 88 of 2020 as a source of its local legitimate instrument to prevent, curb and control the pandemic. To complicate the matter, the already mentioned governor regulation also arranges criminal sanctions, especially fines for those who violate the provisions of the regulations. Whereas, legal-procedurally, there should be no criminal sanctions stipulated in any governor regulations. This research limits the scope of the study to the legal aspects on the implementation of criminal sanctions in the regional regulations to overcome the Covid-19 pandemic and its problems. Through this research, the authors want to contribute ideas to the government in demonstrating the presence of the state during the Covid-19 pandemic. Moreover, to prevent legal doubts in society, the regional government should immediately form regional regulation that includes criminal sanctions (both imprisonment and fines) with the adjustment to the aspirations of the community in the regions by respecting local wisdom and human rights.
Suherman, Septian Arif Suryanto, 'Legal Protection to Consumers Against Hoarding Masksas Consequences of The Spread Of Covid-19' (2021) 7(4) International Journal of Social Science and Human Research 1680-1686 Abstract: This study discusses issues regarding consumer protection, especially legal protection to consumers as masks purchaser based on Law Number 8 of 1999. It also discusses dispute settlementtowards business actors as masks hoarders which is clearly affecting consumers. Researcher implemented the normative juridical research, which used library method by examining various secondary data sources in the form of books, journals, legislation and other legal writings related to research discussion. The results of this study indicate that legal protection for consumers who purchase masks based on Law Number 8 of 1999 is to guarantee and strictly regulate consumer rights and impose obligations on business actors who selling masks in the form of aspect which is allowed and prohibited. The settlement of disputes against business actors who hoard masks that harm consumers are executed through the General Court (litigation)by filing a lawsuit, and also through the Consumer Dispute Settlement Agency (nonlitigation) which is carried out by conciliation, mediation, or arbitration.
Suherman, Suherman and Alda Damayanti Putri, 'Legal Protection on Workers’ Unilateral Wages Deductions Due to the Covid-19 Pandemic' (2020) 10(7) International Journal of Multicultural and Multireligious Understanding 445-457 Abstract: In 2020, the presence of the Covid-19 Virus has had an impact on many sectors in human life. The impact of this virus is not only on the health sector but also spreads to the economic sector, especially business. The difficulty of business activities in Indonesia amid the Covid-19 pandemic has caused many companies to decide to cut the wages of their workers. However, problems arise when several companies violate the rights of their workers by unilaterally cutting workers’ wages which are not in accordance with the existing regulations in Law no. 13 of 2003 concerning Manpower, Government Regulation no. 78 of 2015 concerning Wages, and more specific regulations in the midst of a pandemic through the Minister of Manpower Regulation No. M/3/HK.04/III/2020 concerning Protection of Workers/Laborers and Business Continuity in the Context of Prevention and Overcoming Covid-19. This research uses empirical normative method. In normative research, the type of data used was secondary data, which consisted of primary, secondary and tertiary legal materials. While empirical research, using primary data in the form of answers that could be obtained in the field. The specific objective that will be achieved in this research is how to protect the law against workers who cut wages to their workers.
Suherman et al, 'Ethical and Legal Aspects: Violations of Public Rights in Handling Covid-19 in Indonesia' (2021) 6(24) Journal of Legal, Ethical and Regulatory Issues 1-15 Abstract: This research was very important to do so that the government did not violate public rights in handling and preventing Covid-19 both from an ethical and legal perspective. This research used normative law and prioritizes library research; with the research approach used was the statutory, case and conceptual approaches. The results of this research were in fact related to this ethical aspect, not only concerning the government but also concerning medical personnel in the context of handling and preventing Covid-19. The government and medical personnel in this case can refer to the ethics commission of the World Health Organization (WHO) which has published “Ethics and Covid-19: resource and priority-setting”. Meanwhile, related to the legal aspect, the authority that the government has in handling Covid-19 was in the form of rights not authority in the form of power, because if the authority was in the form of power they usually act arbitrarily to others. Meanwhile, if they used that authority as a right then they would use their authority fairly and morally or ethically.
Sulaksono, Sutomo, ‘Indonesian Legal Higher Education Paradigm during Covid-19 Pandemic’ (2023) 8(1s) BiLD Law Journal 27–30 Abstract: The phenomenon of legal case problems in Indonesia has increased. Thus, legal higher education is an institution expected to graduate the bachelors of law such as judges and lawyers that will be able to handle the legal problems in Indonesia. This research aims to discover the paradigm of higher legal education during a covid-19 pandemic. This research uses a case study with qualitative as the research method. The data is obtained by observing legal higher education as an institution also several cases in Indonesia. The study shows that Indonesian legal education is ineffective, especially in using optical perspective to help and encourage the students. The results are student did not know how to face the criticism and creative legal. The faculty of law in Indonesia only teach the process of the legal system without knowing the actual phenomenon. In conclusions, students still find it hard to develop the culture of asking, discussing and giving explanations related to the legal system in their education.
Sulistiani, Siska Lis, Ramdan Fawzi and Intan Nurrachmi, ‘Waqf Crowdfunding Model in Post-Pandemic Economic Improvement According to Islamic Sharia and National Law’ (2023) 7(1) Amwaluna: Jurnal Ekonomi dan Keuangan Syariah 73–81 Jurisdiction: Indonesia
Abstract: Technological developments make waqf able to be developed in terms of socialization, fundraising, and management in an effort to improve the economy after the COVID-19 pandemic. This study aims to identify and analyze the waqf crowdfunding model for post-pandemic economic improvement according to Islamic law and national law. This research is qualitative with a normative juridical approach, using types and sources of legal data including primary legal sources, Law No. 41 of 2004 concerning Waqf, PP No. 42 of 2006, and other regulations. In terms of Islamic sharia, namely the Al-Quran, Al-hadith, fatwas, and the opinions of related scholars, Secondary legal sources are journals, proceedings, theses, dissertations, and books, while tertiary legal sources are interviews with crowdfunding managers and nadzhir waqf. Then the data is collected through library research and then analyzed to see the synchronization stage and conformity with legal norms and principles through descriptive analysis.
Sulistiawati, Linda Yanti, 'Indonesia's Legal Framework in Combating Covid-19' (National University of Singapore, NUS Law Working Paper No No 2020/021, 04 January 2020) Abstract: This paper depicts the laws and regulations used by the Government of Indonesia in tackling the COVID-19 Pandemic. To combat COVID-19, the Indonesian government opted to act via the Contagious Diseases Law without having to enact the Emergency Situation Law. Moreover, the Government of Indonesia also utilized the Health Quaratine Law, established the COVID-19 Expediting Management Task Force, and Large-Scale Social Distancing. There are at least 4 different types of regulations and policies utilized by the Government of Indonesia during the COVID-19 Pandemic period: (1) General policies, eq.Large-scale social distancing, School closures, etc; (2) Policies toward COVID-19 patients, eq. Presidential Regulation on the development of observation and containment facilities in in Galang Island, Batam City, Riau Province in relation to COVID-19 or other infectious diseases; (3) Stay-home policy to prevent spread of COVID-19, enacted by Ministrial Offices; (4) Travel bans to prevent spread of COVID-19 within and outside Indonesia; (5) Softening the economic impact of COVID-19 eq.various regulation from the Central Banks, Industrial and Trade Ministry, and Financial Services Authority on exports, imports, international currency, Giro, regular banking, Syariah banking, stock exchange, etc, in relation to COVID-19; and (6) Financing the Management of COVID-19. The legal framework for combatting COVID-19 is already in place in Indonesia. There are many laws and regulations that are available, including the Constitution, presidential, governmental and ministerial regulations. However, overlaps and inconsistencies can be seen in some cases, and these make situation more dire for the people of Indonesia. These inconsistencies should be resolved quickly by the government.
Sulistiawati, Linda Yanti, ‘Indonesian Parliament’s Slumber during Pandemic’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 61-77 [OPEN ACCESS BOOK] Abstract: The response to the pandemic has adhered to the basic constitutional structure of the state. However, certain measures have created tensions in the division of powers between the executive and the legislative branches, as well as between national and local authorities.
Sulistyandari and Putri Ayu Sutrisno, ‘Legal Aspects and Role of Ojk in Bank Digital by Digital Banking Services During Post-Covid 19 Pandemic in Indonesia’ (2023) 11(12) Journal of Law and Sustainable Development e2364–e2364 Abstract: The purpose of this research is to analyze the implementation of bank digital by digital financial services that are able to maintain bank secrecy and personal data security; and to analyze the application of prudent banking principles in the implementation of bank digital by digital services in Indonesia; and it also aim to analyze the role of the OJK in regulating and supervising Bank Digital by digital services post Covid 19 pandemic.
Sumarno, 'The Legal Strength of Home Ownership Credit Agreements During Covid 19' (2021) 3(4) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 7422-7430 Abstract: At this time, during the COVID-19 pandemic, the government's role in meeting the community's needs for housing is urgently needed in providing funds and providing initiatives in housing development efforts. The presence of the Home Ownership Credit system is very much needed by people whose economic income is in the small and medium levels. During this pandemic, banking is one of the sources for obtaining funds which is considered easy and fast for some people in terms of needing funds to meet their needs, such as in utilizing funding from banks in the Home Ownership Credit facility. Each granting credit, there will be rights and obligations. Banks can only consider granting credit if the applicant is a legal subject, because the legal subject is a supporter of rights and obligations, meaning that they can receive rights and be charged with obligations. This study describes the legal arrangements in Home Ownership Loans during the covid 19 pandemic, to find out the rights and obligations of the parties in the Home Ownership Loan agreement, as well as to find out efforts to settle defaults in the Home Ownership Loan agreement. This research was obtained from secondary data, namely library research, namely by collecting references related to the object or research material. Article 1754-1769 is one of the forms of loan-borrowing agreement. By the agreement that has been stated in the credit agreement, each party will obtain its rights and obligations. What is the right of the debtor is the obligation of the bank, and what is the obligation of the debtor is the right of the bank. The implementation of the Home Ownership Credit agreement is made based on a free agreement with the meaning that the agreement can be made freely. Any form of agreement is made between two parties who capable of acting by law to carry out an achievement that does not conflict with the applicable legal rules, morality, and public order, in agreeing to the provision of credit loans, the bank needs to pay attention to the restrictions regulated by the applicable laws and regulations.
Supardi et al, 'The Increasing Role of Children Protection Institutions to Assist in Dealing with The Law During the Covid-19 Period' (2021) 3(11) Review of International Geographical Education Online 1198-1205 Abstract: Children protection in Indonesia is performed by families, the state, society, and the related institutions. The main instrument is regulated in Law No. 35 of 2014 concerning Children Protection and is realized by the establishment of the Children Protection Institution. However, there are obstacles in its implementation that require institutional optimization efforts to run effectively. The institution in Indonesia faces several obstacles in performing its duties, such as the uneven distribution in all regions, the lack of understanding and public participation, and others which will be explained further. The institution's optimization can be performed by making comparisons with countries that have the best children’s protection in the world in terms of the methods used. Therefore, this research used a normative juridical method, including a statutory and a comparative approach.
Suriyani, Irma, ‘Legal Protection For Consumers During Covid-19 Pandemic From E-Commerce Perspective Of Fiqh Muamalah’ in Heru Susetyo and Fahrul Fauzi (eds), Hukum Islam Hukum Yang Hidup Di Indonesia (Badan Penerbit Fakultas Hukum Universitas Indonesia, 2021) 107–115 Abstract: Business development has produced various types of goods and services that can be consumed and protected with consumer protection, an inseparable part of healthy business activities or economy. During the Covid-19 pandemic, the utilization of Information Technology, communication media has changed society’s behavior and human civilization. It is urgent to examine how consumer protection in the viewpoint of Fiqh Muamalah is part of national economic development. Guided by the normative research method with a doctrinal approach, this research paper aims to examine and analyze how legal protection toward consumers in the COVID-19 pandemic era, from the e-commerce perspective of fiqh muamalah. The Results OF this Article that if a legal buying and selling contract will have an impact on the transfer of ownership of goods from the seller ownership is transfered due to an agreement/contract between the two parties even though There has been no qabadh, this is in line with what Sheikh Wahbah Az-zuhaily explained that Qabadh in securities trading is sometimes haqiqi (legal ownership) and sometimes Al-qabdh al-hukmi (beneficial ownership). Al-qabadh alhukmi is anything that states the transfer of ownership rights or asset management rights according to ’Urf, which applies without the involvement of traditional hand or acceptance elements. the consequence of qabadh is. The responsibility for the goods is transferred from the seller to the buyer. If the item disappears or is damaged after it occurs sale and purchase and before the qabadh occurs, the goods are borne by the seller because the goods are still under warranty, unless damaged or lost is caused by the buyer/consumer. This is in accordance with the rule of "goods purchased before being accepted by the buyer are still the seller’s guarantee
Sururie, Ramdani Wahyu and Yoghi Arief Susanto, 'Legal Aid Post Services at the Indonesian Religious Courts during the COVID-19 Pandemic' (2020) 2(20) AHKAM : Jurnal Ilmu Syariah 207-232 Abstract: The spread of the Corona Virus Disease 2019 (COVID-19) has been declared as a health and economic emergency that has an impact on social life, including Legal Aid Post services at the Indonesian Religious Courts. This study aims to analyze the types, forms, and methods of Legal Aid Post services at the Religious Courts and the level of public access to the Religious Courts during the COVID-19 pandemic. This research uses an empirical juridical method with a qualitative approach. Descriptive and exploratory analysis are carried out to identify Legal Aid Post services at the Religious Courts in providing judicial access to the public. This study also uses purposive sampling before conducting in-depth interviews with several informants. These include Religious Court employees, advocates, and Legal Aid Post officers. The results show that the case registration services at the Legal Aid Post for the Religious Courts have been carried out in various forms, namely online through the E-Court application and manually by visiting the Religious Court. Thus, this study shows that Legal Aid Post services at the Indonesian Religious Courts during the COVID-19 pandemic have been carried out differently in various Religious Courts.
Suryamizon, Anggun Lestari, Kartika Dewi Irianto and Mahlil Adriaman, ‘The Legal Power of Electronic Contracts and as Evidence In Default during the Covid-19 Pandemic in Indonesia’ (2022) 3(1) Indonesian Journal of Law and Policy Studies 32–45 Abstract: An agreement is a legal act that will create a legal relationship between one legal subject and another to fulfill an achievement. In Indonesia, in general, people carry out business activities accompanied by a written agreement or what is commonly referred to as a contract. At this time, Indonesia is being affected by the Covid-19 virus and has become a national disaster. With this national disaster, it has greatly affected the lives of the Indonesian people, especially in the business sector, in which the implementation transaction must be accompanied by a contract where each business transaction will certainly experience a decline and setback which will result in many parties involved in the contract unable to fulfill their achievements. Especially when the current conditions of many parties agree to their agreement by using electronic contracts to anticipate the possibility of the spread of the corona virus. This study aims to (1) find out how the implementation of electronic contracts during the pandemic, and (2) how the validity and strength of electronic contracts. This research is very interesting to study because electronic contracts are new in the world of contract law, and it examines more deeply how the proof will be and its legal strength when there is default in the implementation of the electronic contract. The method used is juridical normative. This study will provide an explanation of the legal strength of electronic contracts, and how the strength of proof is in case of default.
Susanto, Deny, ‘Sharia-Based Legal Formula for Personal Data Protection in the Financial Services Industry Post-Covid-19 Pandemic’ (2022) 1(04) BULLET: Jurnal Multidisiplin Ilmu 545–552 Abstract: As a country with a substantial Muslim population, Indonesia provides a market for sharia-based financial firms. Corporate organizations, minimal liability companies, seek the most effective way to promote business growth. One objective is to develop its digital ecosystem for the financial services industry, including banking, insurance, capital markets, and non-bank financing organizations. The most crucial factor is the corporation’s attempts to deliver effective and efficient services in response to the community’s demands as the number of Covid-19 cases continues to fall and the economy begins to improve. This study aims to examine the perspectives on formulating the right and applicable law for the protection of personal data in the management conducted by corporations in the sharia-based financial services sector in Indonesia during the Covid-19 pandemic as post-pandemic expectations. Covid-19 examines law enforcement for potential personal data violations on technology users by businesses. Finding an appropriate and effective legal formulation that can be fundamentally applied in the form of fair regulations and in accordance with sharia values in parallel is the result of the research, and it can be concluded that the formulation of legal rules can rapidly provide regulatory solutions to achieve an equilibrium of rights. and justice for businesses based on sharia law.
Susanto, Isma Novalia Firdha, Bayu Aji Satria and Sholahuddin Al-Fatih, 'Government legal act comparison between Indonesia and South Korea in handling COVID-19 pandemic' (2021) 1(2) _Indonesian Journal of Law and Policy Studies_ Abstract: Coronavirus Disease of 2019 (COVID-19) with the official name of SARS-CoV-2 has been a serious emerging alert for countries around the world, which makes it a global outbreak of respiratory illness caused by a novel (new) coronavirus. Some countries did a remarkable job on flatten their COVID-19 case rate curve, the finest world reputation in handling this pandemic is given to the Republic of Korea or more known as South Korea which has amazed other world leaders wondering how Moon Jae-in, current President of South Korea, has successfully implied effective and accurate strategies in handling this world outbreak in South Korea. Asides from South Korea succeed, there are some countries who are fall way behind such as the Republic of Indonesia who is currently concerning not only in the medical sector, but the emerging economic sector is severely impacted which leaves us a solicitous feeling towards the future of our nation. In this case, a comparative study is needed to reflect on what has not yet done right. This paper discusses what sort of precise policy reconstructions should be adapted by the Indonesian government from the South Korean government’s effective strategy accuracy in handling COVID-19.
Suteki, Suteki, ‘Examination of Witnesses in Criminal Case Trials during the Covid-19 Pandemic in Progressive Legal Perspective’ (Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia, 2023) [unpaginated] Abstract: Law is continuously changing, including in terms of the criminal justice system. In this case, the examination of witnesses in court must also adjust to the actual health conditions, mainly related to the Covid-19 pandemic. This article proposes to find out the judge’s obligation to present the witness Mardani Maming while there are juridical reasons for allowing a witness to give testimonies virtually. In this context, the legal status of the summons has been signed by the panel of judges at the Banjarmasin Anti-Corruption Court. At the previous trial, there was an agreement that witnesses could provide information online. Based on the analysis, it is known that the judge does not have a firm basis for delivering a forced summons to Mardani Maming to attend the trial since, according to the provisions of the Regulation of the Supreme Court No. 4 of 2020, trials can be conducted virtually. Therefore, sending a summons to Mardani Maming puts law enforcement ahead of humanity; this action is contrary to progressive law.
Syahputra, Azmi and Rocky Marbun, 'Double Standards of Law Enforcement in the Covid-19 Pandemic Era in Indonesia: A Relationship Trichotomy Study' (Conference Paper, International Conference on Law Reform (INCLAR 2021), 22 January 2021) Abstract: Since World Health Organization (WHO) declared a pandemic all over the world, including Indonesia, the whole living system seems to be experiencing “reconstruction”. Not a single system has been able to be maintained, so that every government reformulates the system, including the criminal law system. The process of enforcing criminal law is always overshadowed by the slogan “Salus Populi Suprema Lex Esto”. In the end, the word “crowd” as a word that has a primordial meaning, in this pandemic era it has become a “favorite” word which is often used as a normative proposition. However, the phenomenon of ‘swarming’ itself received a response in the context of law enforcement, which was varied. The government, in this case the National Police of the Republic of Indonesia, always rationalizes both active and passive (silent), producing knowledge to determine which ones are being acted upon and which are not. Therefore, this study aims to uncover the ideological aspects of the double standard phenomenon in the criminal law enforcement process. Restrictions problems in this study relates to “How the Indonesian National Police in carrying out police functions in a pandemic era based on the concept of Trichotomy Relationships?” This research uses the socio legal method by using an approach from Law Science and from Social and Political Sciences. The results of this study indicate that there is a pattern of law enforcement work by rationalizing a decision that relies on the authority. Authority holders carry out the production of knowledge in order to provide juridical legitimacy through their power and authority.
Syaifuddin, Ahmad et al, ‘Community Economic Recovery Strategy with Increased Understanding of Business Law Post-Covid-19 Pandemic’ (2022) 5(8) International Journal of Social Science Research and Review 466–474 Abstract: The community’s struggle to face the Covid-19 Pandemic is not only to be healthy, but also to be able to maintain the existence of the economy as a real form of maintaining the sustainability and welfare of life. The understanding of the community that is required to be creative in creating opportunities must be balanced with an understanding of the legal instruments that are prepared so that creativity is always carried out within the correct legal framework. The government program in the form of National Economic Recovery (PEN) through PP 23 of 2020 which was amended by PP No. 43 of 2020 requires sufficient understanding for the community. The level of public understanding of legal instruments, especially business law will create public trust and all stakeholders to realize economic recovery and growth which is expected to realize the role of the State in protecting and prospering the people. Legal institutions are present to provide legal certainty so that everything is expected to run safely and orderly. Business efforts that prioritize the principle of profit and loss require the presence of legal provisions regarding business so that business activities can run smoothly, orderly, safely and comfortably. The type of normative juridical research is used in this study, while still taking data on the level of public understanding as initial information. The results of the study show that the public’s understanding of the provisions of business law is an important key to achieving the expected benefits and legal certainty. It can’t have a big impact when the public’s understanding of the regulatory materials is not comprehensively obtained by the community. Improving understanding of the provisions of this business law is the key to increasing public confidence in taking business steps that are safer and more comfortable and do not pose legal risks for business people.
Tamrin and Indah Adi Putri, 'Politics of Law Policies for Adaptation of New Habits in Overcoming the Spread of Covid-19 in West Sumatera Province' (Conference Paper, International Conference on Social Science, Political Science, and Humanities (ICoSPOLHUM 2020), 26 January 2021) Abstract: The Indonesian government is late in dealing with the spread of Covid-19, the government’s policy to issue Presidential Decree No. 12/2020 on April 14, 2020 concerning the Determination of the Covid 19 Non-Natural Disaster was carried out after the WHO’s warning regarding the readiness of the government on March 12, 2020. Economic considerations for the formulation of government policies were less responsive to public health protection guarantees, there was a strain on government interests between economic issues and interests community about health insurance issues. The West Sumatra Government made efforts to find a middle ground between economic interests and public health insurance by issuing a Regional Regulation on “Adaptation of Habits in the Prevention and Control of Corona Virus Disease 2019” as the first regional regulation containing criminal sanctions against health regulations for the spread of Covid -19 in Indonesia, The Perda was passed on September 11, 2020, the formulation of this Perda is a form of application of more stringent sanctions imposed by administrative sanctions that have been implemented by the Governor Regulation (Pergub), Regent Regulation (Perbup)) and Mayor Regulations (Perwako). This study describes the form of policy arrangements in dealing with the spread of Covid-19 that has been carried out by the West Sumatra Regional Government. Through the use of qualitative methods and research using a phenomenological approach, it was found that policies to overcome the spread in West Sumatra Province proceed from the constitutional level, the level of policy and level of real action in society.
Taufan, Sonny and Risang Pujiyanto, ‘Analysis of the Principles of Legal Fiction in the Regulations for Controlling the Spread of COVID-19 in Indonesia’ (SSRN Scholarly Paper No ID 4038313, 18 February 2022) Abstract: COVID-19 pandemic that occurred in March 2020 had a wide impact in the world and in Indonesia. Indonesia implements the right strategy in overcoming the pandemic. Various policies have been issued by the Indonesian government, one of which is the Instruction of the Minister of Home Affairs Number 23 of 202. However, in the implementation in the field, people tend to be apathetic and do not know the rules or policies made by the Government to control the spread of COVID-19. This fact certainly contradicts the principle of legal fiction which states that everyone must understand the law or at least know that there is a law that governs it. The purpose of this study was to find out whether the Principles of Legal Fiction apply in the Instruction of the Minister of Home Affairs Number 23 of 2021 and provide a prescription for the problem in question. This research is a normative research using a legal approach. Based on Article 81 of Law Number 12 of 2011, the scope of the principle of legal fiction only applies to regulations promulgated. Thus the principle of legal fiction does not apply to the Instruction of the Minister of Home Affairs Number 23 of 2021 because it is not stated in a state document as stipulated in Article 81 of Law Number 12 of 2011. The consequence of the non-applicability of the principle of legal fiction is that the public must receive proper education and socialization. enough from state officials regarding regulations for handling COVID-19. In addition, violations of the provisions of the Instruction of the Minister of Home Affairs Number 23 of 2021 by the public do not automatically be subject to sanctions because of the non-applicability of the principle of legal fiction. To increase public knowledge in regulations related to handling COVID-19, 2 (two) efforts can be made, both from the government and from the community, namely publications by the government and active participation from the community to help disseminate regulations.
Ticoalu, Maya Geil Theresia Berlian, Sisca Beatrix Kairupan and Marthinus Mandagi, 'Implementation of Law no. 2 of 2004 concerning the Settlement of Industrial Relations Disputes Amid the Covid-19 Pandemic in North Sulawesi Province' (2021) (22) Technium Social Sciences Journal 24-34 Abstract: The COVID-19 outbreak at the beginning of 2020 shocked the world had a significant impact on the world community. The deadly virus, first discovered in Wuhan, China, killed thousands of people in various countries. Regulations or policies that the government has set are very influential in every sector and aspect of human life. Disputes or cases are possible in every human relationship. They were even considering that legal subjects have long known legal entities, the more parties involved in them. With the increasingly complex pattern of people’s lives, the scope of the incident or dispute event covers a broader scope, which often gets the spotlight on industrial relations disputes. The purpose of this article is industrial solution disputes, especially disputes through mediation dismissed in the middle of a pandemic covid 19 North Sulawesi as mandated by Article 8 of law No. 2 of 2004. The research was conducted using a qualitative approach. Researchers will use the data collection techniques to study the literature, field studies, observations, interviews, and documentation. The results of the study concluded; 1. The implementation of Law Number 2 the Year 2004 has been very effective in resolving disputes through the mediation process carried out by the Manpower and Transmigration Office of North Sulawesi Province. 2. There are still obstacles in the dispute resolution process through mediation conducted by the Manpower and Transmigration Office Transmigration of North Sulawesi Province, based on Law Number 1 of 2004. 3. There are several inhibiting factors in optimizing the settlement of industrial relations disputes in North Sulawesi. Such as companies that do not want to pay compensation on time, disputes after layoffs occur in the process of mediation. Dispute resolution time is more than the time limit by Law no. 2 of 2004. The implementation of dispute resolution is not by the procedure because the disputing parties are not
Tinambunan, Hezron Sabar Rotua et al, ‘Legal Protection Policy for The People in Handling Covid-19: A Comparison of Indonesia and Australia’ (2025) 3(1) Realism: Law Review 31–43 Abstract: In terms on handling COVID-19, the whole world is struggling to provide legal protection for its people, including Indonesia and Australia. Surely, Indonesia and Australia have made efforts to provide protection for their people in the form of legal provisions as a consequence of adhering to the rule of law. Thus, the purpose of this study is to examine how Indonesia and Australia issue policies for legal protection for the people in their efforts to deal with COVID-19. This article uses legal research in an effort to answer juridical problems. The results of the discussion show that Indonesia in its efforts to deal with COVID-19 issued a policy of budget refocusing, Large-Scale Social Restrictions to the Enforcement of Restrictions on Micro Community Activities. Meanwhile, Australia in an economic effort issued a COVID-19 grant program policy in Eligible States and Territories if it was appropriate and other efforts made by Australia in handling COVID-19, namely locking in areas where new cases identified. The research was conducted solely for the purpose of producing a substantive picture of the impact of COVID-19 so as to be able to produce policies that do not contradict the existing situation.
Tjoanda, Merry, 'The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements' (2021) 1(15) Fiat Justisia: Jurnal Ilmu Hukum 75-92 Abstract: This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.
Toryanto, Cheung Joan Karmel, Yunanto and Mujiono Hafidh Prasetyo, 'The Need for Online Jobs in Covid-19 Pandemic: A Case Study of Cyber Regulatory Arrangement for a Legal Job' (2021) Special Issue 04(18) Webology 980-992 Abstract: The world is now facing a novel pandemic caused by Covid-19, prompting countries, including Indonesia to take steps to contain gushing numbers of Covid-19 cases. The pillar of Indonesia’s response is enforcing a Large-Scale Social Restriction (LSSR) to minimize physical contacts in society, one of them through closing down schools and workplaces. Notary, as a member of society, is also obliged to maintain this social distancing policy and minimize meetings with clients physicaly. Such means is possible through Cyber Notary Concept, a concept where notaries do their jobs using various high technologies, including internet. Indonesian Regulation has mentioned this concept once in the Indoensian Notary Codes, but no further regulation follows to execute this concept. Author will be using the normative legal research method for this paper. This reasearch is aiming is to study the urgenciesof forming regulations regarding the practice of Cyber Notary to prop up the government in the attempt of surpressing the escalating numbers of those who are infected by the virus. Cyber Notary is one effective way to decrease physical contacts between notaries and their clients, because this kind of activities could be done with the technology of ellectronics, therefore following regulation is desperately needed.
Tribowo, Andita, Akbar Widya Pratama and Margaretha Evi Yuliana, ‘Legal Protection for Indonesian Migrant Workers Abroad During the Covid-19 Pandemic’ (2022) 3(1) IJLLE (International Journal of Law and Legal Ethics) 57–67 Abstract: Law No. 13 of 2003 concerning Manpower states that every worker has the same rights and opportunities to choose, get, or change jobs both within and outside the country. Then Law No. 39 of 2004 concerning the Placement and Protection of Indonesian workers abroad and its implementing regulations. However, the facts on the ground show that there are still many cases that afflict Indonesian workers abroad who have not received complete and safe protection. In fact, many of them don’t even know what protection they get. The problem in this research is how is the legal protection of Indonesian workers abroad during Covid 19. This research method uses a sociological juridical approach, with data collection from field studies and literature studies, to determine the legal protection of Indonesian workers abroad. The data obtained were analyzed qualitatively. Based on the results of the study found that Indonesian migrant workers abroad get legal protection. This protection can be seen from the regulations made by the government in providing protection for the rights of Indonesian migrant workers while carrying out their duties abroad. During the Covid 19 outbreak, the Indonesian government provided various assistance and attention to the affected Indonesian migrant workers. However, the protection of Indonesian migrant workers during Covid 29 from the Indonesian government still has weaknesses. Many Indonesian migrant workers feel that their rights have not been fulfilled during Covid 19. Even the delay in responding makes Indonesian migrant workers feel unnotified. So protection during Covid 19 itself cannot be carried out optimally.
Trijono, Rachmat et al, 'A Regulatory Model to Fight Covid-19 Plague Attack' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: Regulations to fight plague attacks can be identified to have specific characters. This character forms a specific model. The regulations for dealing with plague are numerous. Specifics character of the regulations for fighting the plague attack is first, all of the regulations were directed to fight the plague. Second, it is made quickly. Third, it is made to complete the emptiness of plague regulation. This research is important to do to find a model for preventing the spread of the Covid-19 plague. The research question is how the ‘regulatory model for fighting plague’? The regulations for dealing with plague describing as a ‘plague regulatory model’ is the theory as a result of this research. The regulatory model found in this study is obtained in the form of the ‘tree regulation model’. The 1945 Constitution is the root of the regulation tree. Law Number 4 of 1984 is the basic law as stem regulation. Law Number 6 of 2018 and Law Number 2 of 2020 as the bough regulation, and then another form of regulation as the small-branch regulation. The leaf is the content of the regulation. This research used a qualitative method, with a grounded approach, which is based on document data in the form of statutory regulations. The result of this research is the ‘tree-regulation model’. This model is the form of a regulatory model for fighting the plague attack. The purpose of this model is to eliminate disease outbreaks, especially at this time the Covid-19 outbreak, while the benefit of this model is to be used in creating new laws against disease outbreaks quickly, not only covid-19 but also other disease outbreaks, such as diarrhea, smallpox. Research suggests is the ‘tree-regulation model’ can be used as a hypothesis for other researchers to verify.
Usman, Mizaj Iskandar et al, ‘Law Enforcement of Jinayat Cases in Syar’iyah Court in Aceh Province Indonesia During Covid-19 Pandemic’ (2023) 14(2) UUM Journal of Legal Studies 457–482 Abstract: This study aims to look at the jinayat (criminal) trial both from the regulatory aspect and the application of the rule as a responseto the outbreak of the COVID-19 pandemic. Therefore, this study uses two approaches at once, a normative approach to examine thelegality of the regulations and a sociological approach to examine the application of the rule in Syar’iyah courts throughout Aceh. This study found that the Supreme Court has issued the Supreme Court Regulation known as Perma Number 4 of 2020 as the basic regulation for the implementation of virtual criminal and jinayat trials. There is a diversity of practices that lead to legal uncertainty in the application of Perma at the Aceh Syar’iyah court. There are several Syar’iyah courts that have implemented Perma. However, there are also many Syar’iyah courts that ignore Perma due to unprepared infrastructure. But, there are also some Syar’iyah courts that conduct jinayat trials based on the agreement of the parties involved in the trial. In this case, jinayat trials are sometimes carried out virtually and sometimes physically present in the courtroom. This study also found that the tendency of jinayat cases increased throughout the year 2020 when the pandemic occurred. The increase in jinayat cases was caused by two reasons. First, almost all criminal acts regulated in the qanun of jinayat are domestic crimes. Second, there was a relatively large deduction amount of the budget for the enforcement of Islamic law, which was then reallocated to prevent the spread of COVID-19.
Utami, Mieke Aprilia, ‘Legal Protection of Patients During Pandemic COVID-19’ (2022) 1(1) Journal of Law Article 9 Abstract: This legal research aims to determine the implementation of legal protection for health services during the outbreak of the Corona Virus Disease (Covid-19) pandemic which spreads to all countries in the world without exception in Indonesia, including to various regions, one of which is in the Blora Regency, where patients, especially non-Covid-19 patients, need health service providers, both in health centers and in hospitals. This legal research uses empirical legal research that is descriptive in nature to review the implementation of applicable laws and regulations and compare it with the reality in the field. The research sources take primary data based on facts in the field and secondary data based on applicable laws and regulations Based on the results of research that has been done, it shows that during the Covid-19 pandemic the implementation of health services for non-Covid 19 patients in Blora Regency, several things were in accordance with health protocol standards and legal protection that patients received in the form of legal protection. both preventively and repressively based on Law Number 36 of 2009 concerning Health.
Velentina, Rouli Anita, Suherman Suherman and Rohana Amelia Putri Handayani, ‘Legal Issues in the Implementation of Credit Relaxation Policy in the Banking Sector as a Counter Cyclical Impact on the Covid-19 Pandemic’ (2022) 10(3) Russian Law Journal 26–37 Abstract: The spread of coronavirus disease 2019 (Covid-19) has a direct or indirect impact on the financial capacity of debtors, including micro, small, and medium business debtors. This condition may disrupt banking performance, which can affect economic growth. Therefore, to encourage the optimization of the banking intermediation function, maintain financial system stability, and support economic growth, economic stimulus policies are needed as a countercyclical impact on the spread of Covid-19. OJK has issued several regulations to stimulate the banking sector. On 16 March 2020, the OJK issued OJK Regulation No.11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy Impact of the Spread of Coronavirus Disease 2019 (POJK No.11/POJK.03/2020). There are some weaknesses with credit relaxation regulated in POJK No.11/POJK.03/2020. The legal question in this research is: What are appropriate legal solutions to overcome the weakness of credit relaxation regulated by POJK No.11/POJK.03/2020? This legal research employs a juridical normative method with secondary data. The secondary data consists of the applicable regulation, books, articles, and other sources. To solve the above-mentioned problems, the OJK might consider improving POJK No.11/POJK.03/2020 by providing further guidelines on the criteria of affected debtors and business sectors, and providing further guidelines on the implementation of the credit relaxation. Besides that, the OJKS needs to increase its supervisory role in monitoring the granting process of the credit relaxation and settle objections from debtors if their relaxation application is refused by the bank.
Wadjo, Hadibah Z et al, 'The Effectiveness of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the COVID-19 Pandemic for Inter-Island Travel in Ambon City' (2021) 2(4) Scholars International Journal of Law, Crime and Justice advance article, published 13 February 2021 Abstract: This paper specifically wants to analyze the effectiveness of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the Covid-19 Pandemic for Inter-island Travel Players in Ambon City, and Constraints in the Application of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the Covid-19 Pandemic for Inter-Island Travel in Ambon City. This research uses empirical juridical research. The approach used is a statutory approach, the data sources used are primary data and secondary data, data collection techniques that support and are related to this research are interviews, observation and decision studies which are then analyzed qualitatively. The results showed that the Health Quarantine Law, as well as the Disease Outbreak Law which could be used to criminalize anyone who obstructed the handling of the outbreak were not effective for inter-island travelers in Ambon city, because this has never been implemented, which is very ironic with the reality that the perpetrator these trips often violate the law in the form of not following Health protocols. As for the obstacles in the application of the Health Quarantine Law and the Disease Outbreak Law to be applied to inter-island travelers in Ambon city, namely the Factors of Law, Public Awareness, Lack of Quarantine facilities, and Lack of Government Control.
Wahyuningsih, Sri Endah and Jarot Jati Bagus Suseno, ‘The Urgence of Regulation of Foreign Workers in Law Number 11 of 2020 Concerning Work Creation in the Time of the COVID-19 Pandemic’ (2022) 4(4) _The 4th Legal Internasional Conference and Studies_ Abstract: The rate of entry of Foreign Workers in Indonesia during the current pandemic is very concerning, this is due to the consequences for the health of Indonesian citizens during the current Covid 19 period. This situation is made more complicated by the unregulated supervision and restrictions on the use of foreign workers in this country. This writing aims to analyze the problem of the absence of restrictions and supervision of foreign workers during the Covid 19 period in Indonesia today. The method used is normative juridical. Based on the study conducted, it was found that the political implementation of the use of foreign workers has not been able to achieve justice, this is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers which in turn resulted in unemployment and poverty problems. The weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Law no. 13 of 2003 and Law no. 6 of 2011. The supervision of foreign workers in the Employment Creation Law is not fully regulated, this results in an unstoppable rate of foreign workers so that it has an economic impact on TKI and health impacts for the local community.
Wakhyuni, Emi, Siti Nurhayati and Abdi Setiawan, ‘Analysis of Wages and Severance Pay During the Covid-19 Pandemic Reviewed from Labor Law’ (2022) 3(3) Ilomata International Journal of Management 319–336 Abstract: The Corona Virus Disease 2019 pandemic was first discovered in the city of Wuhan, China at the end of December 2019. This virus spreads very quickly and has spread to almost all countries, including Indonesia. As a result of the spread of the Corona virus, it has a negative impact on several sectors such as the economic sector, business, tourism, industry, health and so on. The tourism sector has been hit hard by the Covid-19 pandemic. Until now, almost all tourist destinations in Indonesia are closed. This is a very difficult condition, in Indonesia almost all tourist destinations, hotels, facilities, and entertainment are closed and are only allowed for 50% of visitors based on Government recommendations. The Karo Regency Government is also facing the same problem, one of the sectors that is relied upon to support Karo Regencys Original Regional Revenue (PAD) is from the tourism sector, and Brasatagi Subdistrict is one of the sub-districts that is the mainstay of the tourism sector in Karo Regency. Speaking of the tourism sector, the industry that is most closely related is Hotels and Restaurants. Throughout 2020 until mid-2021, the hotel occupancy rate in the Brastagi District fell by almost 90%. The very significant decline in the level of tourist visits, hotel occupancy and restaurant visitors in Brastagi District has caused entrepreneurs of tourist sites, hotels and restaurants to suffer huge losses. Employers are no longer able to cover all operational costs, including the cost of wages for workers. This forces employers to rearrange their working hours and calculate the number of workers that they still allow them to employ. Some of this is done by applying alternate vacations or leave to their employees, some of them who are no longer able to survive, are forced to lay off temporarily, cut wages. or terminate the employment of its employees. The findings in this study are that employers are still required to pay wages in full in the form of basic wages and fixed allowances as long as workers are laid off during the COVID-19 pandemic and are required to provide severance pay for workers who have been laid off in accordance with Article 156 of Law No. 2003 concerning Manpower and the Ninth Part, Article 37 concerning Payment of Wages in a State of Bankruptcy in the Government Regulation concerning Wages no. 78 of 2015.
Wandana, Rano, Fairuz Sabiq and Indah Nurhidayati, ‘Legal Divorces During the Pandemic in the Religious Court of Sukoharjo, Indonesia’ (2022) 15(7) Baltic Journal of Law & Politics 421–434 Abstract: The purpose of this research is to describe and explain the meaning of divorce, the impact of divorce, the causes of divorce, and efforts to reduce divorce in PA Sukoharjo. This research method is descriptive qualitative with seven research subjects consisting of five widows and two widowers who experienced divorce during the pandemic at Sukoharjo PA. The results of this study are the emergence of divorce between husband and wife can have a major impact on the social status of women in society. Even though the marriage bond between husband and wife has been broken, the position and both parties towards children are the same in terms of maintenance and care education for children until the child is married or have grown up. Divorce in Sukoharjo PA was caused by infidelity, domestic violence, disputes and fights, as well as economic factors (the double burden of a wife and husband not providing a living). Divorce can have a negative impact on a child’s psychological condition. Reducing divorce cases can be done by limiting the age of marriage, pre-marital counseling for prospective brides, and effectiveness of the KKB (Population and Family Planning) and PK (Family Development) program activities.
Wardanie, Ismaya Hera, 'Hoax Law Enforcement During Covid 19 Pandemic In Indonesia' (2020) 1(1) Jurnal Liga Hukum 128-136 Abstract: The spread of hoax information is currently circulating more and more. The public receives hoax information more than once a day. Social media is the most important channel in the spread of hoaxes. The community becomes doubtful and doubtful about the effects of the hoax phenomenon in Indonesia. This situation is used by a group of people who are not responsible for inciting and inciting hatred. Therefore, the purpose of this study is to obtain a description of the interaction of communication hoaxes on social media and efforts to anticipate it. The research method used is a qualitative approach through hoax cases that are in an uproar in the community regarding issues arising from the pandemic Corona Virus Disease 2019 (Covid-19). Public opinion emerged that the information was valid because a lot of news hoax was spread and repeated through existing social media. There is a meaningful approach to anticipating the spread of hoaxes in the community, namely the institutional, technological and literacy approaches.
Wardhany, Nyimas and Megawati Barthos, 'Analysis of the Implementation of The Quarantine Law Indonesia's Health During the Covid Pandemic 19' (Conference Paper, International Conference on Law, Social Science, Economics, and Education (ICLSSEE 2021), 6 March 2021) Abstract: The COVID 19 pandemic has changed the habits that exist in society. The Government of the Republic of Indonesia uses Law Number 2 of 2002, Article 84, and Article 93 of Law Number 6 of 2018 concerning Health Quarantine to regulate society during the Covid 19 pandemic. However, how is the implementation in society? By using a qualitative approach and descriptive analysis method, it was found that many violations occurred in the community. Crowd offense was a widespread problem. Recommendations that can be done so that violations can be mitigated are socialization through community structures and using local wisdom as a bridge to enforce the health quarantine law.
Wardiono, Kelik et al, 'Philosophy, Law, and Ethics of Handling COVID-19 Pandemic in Indonesia' (2021) E(9) Open Access Macedonian Journal of Medical Sciences 1104-1108 Abstract: During the pandemic, COVID-19 spread very quickly between people. Thus, the patients’ rights to obtain treatment do not have to decrease the protection of the public. The perspectives of ethics, law, and justice prioritize the rights of the public as stated in the principle “Salus Populi Suprema Lex Esto” (Public safety is the highest law as regulated in the law). In Indonesia, the regulatory handling of the COVID-19 pandemic is based on the Law on Infectious Disease Outbreak. During the COVID-19 pandemic, the quick spread of this disease causes many fatalities. Thus, individual rights of patients must be ruled out to prioritize public rights. The legal perspective upholds the “Salus Populi Suprema Lex Esto” principle, namely, public safety is the highest law was the core of philosophy, law and ethics handling covid 19 pandemic.
Wasti, Ryan Muthiara, Nisrina Irbah Sati, and Fatmawati, ‘Law-Making in the Time of Pandemic as a New State of Emergency in Indonesia’ [2022] The Journal of Legislative Studies (advance article, published online 8 September 2022) Abstract: During the occurrence of the Covid-19 pandemic, the laws made by the House of Representatives of the Republic of Indonesia (DPR) as a legislative body, ideally, should not cease to reflect society’s needs pursuant to the realisation of the representation principle. In analysing the fulfilment of such an ideal conception with the reality of its implementation, this paper aims to discuss the trends and discourses regarding the laws made by DPR, as a balancing power to the presidential body, during the pandemic as a new state of emergency. The authors would like to scrutinise the trend of laws passed by the DPR in various sectors, both quantitatively by evaluating the number of outcomes and qualitatively by observing the issues raised during the law-making process. Finally, this paper finds that the DPR still falls short of expectations on ensuring the actualisation of a democratic law-making process amidst the pandemic.
Wati, Herina, Tan Kamello and Marlia Sastro, ‘The Development of Procedural Law Through the E-Court System After Pandemic in Indonesia’ (2023) 6(Special Issue) Veteran Law Review 15–27 Abstract: Technological developments and Covid 19 Pandemic ‘forced’ the Supreme Court (MA) to make breakthrough in procedural law, namely by launching E-Court application, through MA rules Number 3 of 2018 which was exchanged for rules Number 1 of 2019 concerning Case Administration and Trial in E-Courts. E-Court is instrument in court for service of case registration depositing case money to court summons and trial and online delivery of court documents. This study aims to analyze and provide an overview to public of breakthroughs made by the MA for Development of Procedural Law through e-court system. Research method used qualitative research, normative juridical approach. The development of procedural law was initially only intended for registration and examination of civil cases through Supreme Court rules (Perma) No. 3 of 2018 was replaced with Perma No. 1 of 2019 concerning Case Administration and Trial in Electronic Courts. But then e-court is not only for civil cases, it’s also to adjudicate criminal cases with issuance of MA regarding the online criminal trial file Number 4 of 2020. The application for electronic proceedings is an attempt by the Supreme Court to eliminate the obstacles commonly experienced by the judiciary, namely the lack of speed in resolving cases, the difficulty of obtaining data from the court, and the credibility of the integrity of the judiciary, especially judges.
Wibowo, Padmono et al, 'Prisons and Detention Facilities Preparedness in Indonesia for Preventing and Control of Covid-19' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: The outbreak of a pandemic or the massive spread of Corona Virus Disease throughout the world and Indonesia since the end of 2019 has been concern to occur in prison and detention centers. Correctional Institution (prisons) and State Detention Center are institutions considered to be very vulnerable to the spread of Covid-19. Prison overcrowding add to the high risk of rapid and massive infection. Necessary measures and policies can minimize the risk of Covid-19 rapid spreading. Not only to the inmates, custody, and child prisoners, Covid-19 is also brings risks for every correctional officer. This study aims to explore the readiness of Prisons and Detention Centers in addressing the spread of Covid-19 on the Correctional Office and the clerk. It also attempts to know the implementation of the assessment and management of risk in prisons and detention in the face of Covid-19. Further, it intends to investigate the officers’ understanding of the implementation of the protocol system of referral and clinical management for the trained citizens and detainees identified as positive suspect. This study also discusses a contingency plan to face Covid 19, to understand how correctional officers handle Covid-19, to know coordination between prisons and detention by the stakeholders’ policies related to Covid-19, to measures preventive and control action to tackle Covid-19 performed by prisons and detention facilities, and also to know the implementation of the case management by the prisons and detention. The results showed that 74% of prisons and detention centers in Indonesia have a moderate level of preparedness for Covid-19. Additionally, 13% of the prisons and detention centers have a high level of preparedness, while 13% have a low level of preparedness. The research was carried out quantitatively by emphasizing the analysis of data in the form of numbers that are processed statistically. This is done to understand the general pattern in several prisons and detention centers so that conclusions can be drawn to improve policies related to the handling of Covid-19.
Widiarto, Aan Eko, Muhammad Dahlan and Ria Casmi Arrsa, ‘The Construction of Legal Basis Relevant to the State of Law in the Event of Pandemic Emergency: A Lesson from Indonesia’ (2022) 30(2) Legality: Jurnal Ilmiah Hukum 283–297 Abstract: This paper aims to study the construction of an appropriate legal basis for a state of law in responding to the Covid-19 emergency. As a state of law, Indonesia has been making many regulations at both central and local government levels. The regulations vary, ranging from Government Regulations in Lieu of Law, Ministerial Regulations, Ministerial Decrees, and Joint Decrees of Ministerial Instructions, to the Regulations of Regional Heads, and these regulations have led to overlapping regulations. With normative-juridical methods, the prescriptive technique was used to further analyze the problem and find a new concept of the construction of an appropriate legal basis in responding to the Covid-19 emergency. The research results show that, juridically, the use of non-legal products such as Ministerial Instructions and Circular Letters issued by ministers during the Covid-19 emergency in Indonesia has fulfilled the procedural aspects of law-making but not the substantive ones regarding the curbs restricting people’s social activities. This research recommends that the construction of a legal basis intended to respond to a state of emergency should simultaneously meet both procedural and substantive aspects
Widjaja, Gunawan, 'COVID-19 Pandemic and Law No. 6 Year 2018 regarding Health Quarantine' (2020) 2(5) Journal of Indonesian Health Policy and Administration 50-56 Abstract: By late March, to anticipate the spreading of COVID-19 pandemic, the President of the Republic of Indonesia has issued several regulations. The Author has examined that the main laws that were used as the based for the issuance of those regulations are Law No.6 Year 2018 regarding Health Quarantine (the Health Quarantine Law). Therefore in order to handle COVID-19 pandemic, an understanding of the Law become a must. The aim of this research is to elaborate and explain the Health Quarantine Law to reduce the COVID-19 pandemic. This research is normative legal research. The research used secondary data, which consisted of primary legal sources and secondary legal sources. Data were collected through the "google scholar machine". Data obtained were analyzed using a qualitative approach. Findings and analysis proved that besides those newly issued regulations there were several measures and acts that should be taken to handle the COVID-19 pandemic in Indonesia. The Author suggests that the Central Government shall take the necessary steps as soon as possible.
Widodo, Joko Sri, Kristiawanto Kristiawanto and Tofik Yanuar Chandra, 'The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic' (2021) 3(23) Kanun Jurnal Ilmu Hukum 359-378 Abstract: There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.
Widyastini, Ida Ayu Nyoman, Nyoman Sentoas Hardika and I. Nyoman Mandia, 'Analysis of Government Regulation in Lieu of Law (PERPPU) No 1 of 2020 Implementation on Income Tax Payable in Overcoming Financial Complication During the Covid-19 Pandemic (Case Study on CV KP)' (2021) 2(4) Journal of Applied Sciences in Accounting, Finance, and Tax 111-120 Abstract: This study aims to compare the income tax payable and income tax 25 due to the adjustment of the corporate income tax rate payable on CV KP which is a corporate taxpayer affected by the Covid-19 pandemic who undergoes the adjustment of the corporate income tax rate based on PERPPU No. 1 of 2020. The data collection technique used was documentation technique with comparative descriptive data analysis techniques. The results showed that a 22% rate adjustment application result in relief of IDR 27.419.811,00 obtained by CV KP. The amount of income tax 25 by a 22% rate application and tax incentives in 2020 is IDR 15,266,362.00 for the April-June and the July-December is IDR 10,904,544.00, and income tax 25 in 2021 obtained relief of IDR 7. 739,900.00 for the period from April to June while the period from July to December returned to Rp. 15,479,801.00. CV KP should be able to save cash dibursement in 2020 during the Covid-19 pandemic to maximize the rate adjustment so that it does not cause a large overpayment. Thus, CV KP should make a separate calculation in determining the amount of income tax 25 by a 20% rate for the current year 2022.
Wiganarto, Tri Utomo, Asenar Asenar and Elisatris Gultom, 'Legal Aspects of Business Competition in the Procurement of Covid-19 Vaccine by Bio Farma Ltd' (2021) 2(23) Kanun Jurnal Ilmu Hukum 193-209 Abstract: The purpose of this research is to analyze the exclusion of monopoly by State Owned Enterprises (BUMN) based on the provisions of business competition law in the procurement of the Covid-19 vaccine by Bio Farma (Persero) Ltd. Indonesia is being hit by the Covid-19 outbreak. This condition has had a negative impact in various fields. To overcome this, one of the government's efforts is to bring in vaccines to prevent the spread, and the procurement of vaccines is given to Bio Farma Ltd. There are indications of monopoly actions in the procurement of Covid-19 vaccines by Bio Farma Ltd. This research uses the approach statute approach and conceptual approach. The technique of tracing legal materials uses field study techniques and document studies (library research), as well as study analysis is using qualitative analysis. The results of the research and the discus-sion show that the procurement process for the Covid-19 vaccine is strictly regulated by the government. Even the quantity, procurement, and distribution are coordinated by the government in this case through the assignment of SOEs (BUMN) as regulated in Presidential Regulation Number 99 of 2020 as amended by Presidential Regulation Number 14 of 2021. The results of the study show that the actions taken by SOEs (BUMN) in this case Bio Farma (Persero) Ltd in procuring the Covid-19 vaccine is included in the excluded monopoly category, because it meets the elements of the provisions in Article 50 paragraph a. Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
Wijaya, Hanna and Imam Haryanto, 'Law Enforcement against Medical Waste Management Negligence Covid-19 Sample Examination by Start-Up Companies' (2021) 4(4) Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 13630-13640 Abstract: The world is being shocked by the COVID-19 disease, which has quickly evolved into a pandemic. rRT-PCR is used to examine this disease. This attracts a large number of Start-Up companies to the health industry, resulting in a significant increase in medical waste. As an outcome, medical waste that is not appropriately managed in accordance with SOP accumulates. There are quite a few people who carelessly discard medical waste. This journal is a juridical-normative study. If not correctly managed, the outcomes of this investigation in the form of medical waste can pollute the environment and endanger surrounding populations. The study's conclusion is that medical waste must be carefully managed in compliance with SOP. Individuals who fail to properly handle medical waste will face criminal consequences under the criminal code of law.
Wijaya, Mustika Mega et al, ‘Juridical Review Legal Protection of Workers Affected of Termination of Employment (PHK) Due to the Covid-19 Pandemi Viewed from the Perspective of Labor Law (Act No. 13 of 2003 Concerning Labor)’ (2023) 10(2) International Journal of Multicultural and Multireligious Understanding 460–468 Abstract: Labor problems are a problem that is often heard. One of these problems is Termination of Employment by companies in Indonesia. Law Number 13 of 2003 concerning Manpower aims to provide protection for workers so that they are not treated arbitrarily, as well as to guarantee certainty and a peaceful life for workers. This rapid spread caused the Government of Indonesia to issue a policy in the form of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions to Accelerate the Handling of Covid-19 (hereinafter referred to as PP Number 21 of 2020). With PP Number 21 of 2020, the Indonesian Government through the Ministry of Health implemented Large-Scale Social Restrictions (PSBB). Given the current conditions, namely the occurrence of layoffs as a result of the Covid-19 pandemic, you can then refer to SE Number M/3/HK.04/III/2020 Concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Management of Covid-19. Although basically this circular letter is only an appeal, basically in order to guarantee its implementation and provide protection for laid off workers/laborers, the emphasis is on an agreement between employers and workers/laborers. This agreement is very important because in the conditions of the Covid-19 pandemic, both employers and workers/labourers are victims. Two-way communication is needed between employers and workers/labourers. This is very important to do because the Covid-19 pandemic is very detrimental to both parties.
Wildan, Asep Dadan, 'Handling the COVID-19 Pandemic through an Islamic Perspective' (2021) 2(4) ENDLESS : International Journal of Future Studies 31-42 Abstract: COVID-19 was discovered in Wuhan, China, and has since spread exponentially and massively. Numerous casualties have been reported as a result of this outbreak. As a result, different countries implemented measures to halt the virus's propagation. Indonesia, like other impacted countries, implemented a Large-Scale Social Restriction (PSBB) scheme. This rule regulates various aspects ranging from the implementation of education, work to worship. In the field of worship, this rule calls for the temporary elimination of worship at houses of worship and replacing them with worship at home. This legislation has both positive and negative consequences in society. Some argue that closing houses of worship is unnecessary since other public spaces, such as markets, remain open. The law is analyzed using a qualitative approach derived from library science and religious studies. This study establishes that prohibiting worship in houses of worship in the event of a pandemic does not break Islamic law. The author assumes that upholding religion by carrying out worship and possible is as important as saving lives by keeping away from disease outbreaks.
Windisen, Windisen, ‘Fake News in the Time of COVID-19 in Indonesia: Criminal Law Issues’ (2022) 2(2) Jurnal Kajian Pembaruan Hukum (advance article, published online 31 August 2022) Abstract: The rise of world wide web has its janus face. While it is no longer possible to live without, the internet also causes social issues. One will be examined here is how law can cope with the acceleration amount of fake news. The spread of fake news via Internet in Indonesia during the COVID-19 pandemic has increasingly resulted in criminalization. One of the enforcement policy is based on Article 28(1) Electronic Information and Technology Law 11/2008. The article focused on measuring fake news in light of economic loss which in some degree also affected fair business competition. This study was conducted based on two main considerations. First, the nature of the criminal law that should be used as the last resort (ultimum remedium) in tackling social issues. Second, and still related with the previous, the damage control of the spread of fake news. In that regard, doctrinal legal approach was deployed with the aim to analyze the formulation and implementation of Article 28(1) of 11/2008 Law in tackling the fake news phenomenon. This study found that there are ambiguities on intrepretation which affecting the implementation of the law. To cope with such problem, the government consists of Ministry of Communication and Information Technology, Chief of Public Prosecutor, and Chief of State Police enact Joint Decree to provide the guidelines on the application of Article 28(1); the policy should be considered as temporary instead of a permanent solution. This study suggested that in the long run there is a need to amend the Article 28(1).
Wirawan, Arka, Wibowo Murti Samadi and Dora Kusumastuti, ‘Juridical Analysis of State Financial Policies in Handling the Covid-19 Pandemic’ (2023) 6(1) Awang Long Law Review 83–90 Abstract: The purpose of this research is: to juridically analyze state policies in handling the Covid-19 pandemic through Law Number 2 of 2020. The writing method used in this research is normative juridical using a statute approach and conceptual approach. Based on the results of the discussion and research, it can be concluded that based on the system of division of powers in Indonesia contained in the 1945 Constitution as the state constitution, the President is given the authority to establish regulations which hierarchically have the same degree as laws known as Government Regulations in Lieu of Laws (Perppu). The existence of Perppu is also widely regulated in countries that apply the presidential system. In addition, the stipulation of Perppu must be based on the existence of a compelling urgency that is temporary (emergency). The category of compelling urgency is the prerogative of the President. Furthermore, legislators can accept or reject the Perppu into law as a definitive rule of law or law. Testing Perppu is the authority of the legislature to accept or reject the Perppu.
Wiryawan, I Wayan Gde, Lis Julianti and Emmy Febriani Thalib, ‘Legal Protection for Company Employees Who Are Under Self-Isolation Caused by Covid-19 Infection in Indonesia’ (2022) 2(1) Journal Equity of Law and Governance 24–30 Abstract: This study aimed at analyzing regulations concerning legal protection for employees who are under self-isolation caused by Covid-19 infection. Moreover, there is the latest regulation concerning Protection and Business Continuity of Workers/Manpower related to prevention and control of Covid-19 Pandemic. This is a juridical-normative study with a statutory approach. The finding of this study showed that the legal protection scheme on the employees under self-isolation in a company affected by Covid-19 has been regulated in some Government Regulations. Therefore, principally the business owner should give wages fully to the employees as well as providing sick leave base on the established regulations.
Wiwoho, Jamal et al, ‘Legal Protection of Health Care Workers Regarding Workplace Violence During Pandemic COVID-19’ (2023) 4(1) Journal of Law and Legal Reform 73–92 Abstract: Work place violence against health care workers has happened in all over the world and begun to be a global phenomenon. Due to COVID-19 pandemic, violence against health care workers increase rapidly. This was caused by many factors and unfortunately, health care workers feel helpless when this happened. Therefore, legal protection towards health care workers in case of work place violence is needed. In Indonesia legal system, there are some law and regulations that regulated protection of health care workers. Health care workers basically will be protected by law when they carry on their duty and any violence that was made toward them during their work can be prosecuted. Beside of protection by the law, both of Government and Health Institution need to make a prevention scheme to decrease work place violence toward health care workers.
Wulandari, Mila Dianur and Siti Mahmudah, ‘Implementation of Debtor Law in Force Majeure Credit Financing During the Covid-19 Pandemic’ (2024) 5(2) JILPR Journal Indonesia Law and Policy Review 299–309 Abstract: The COVID-19 pandemic has had an impact on the economy, especially the people of Kudus Regency. This research uses an empirical juridical approach, namely an approach that examines statutory regulations related to the issues to be discussed, and also takes a field approach to obtain information as supporting material. This research aims to analyze the implementation of the law and the legal consequences for debtors in Force Majeure in credit financing during the COVID-19 pandemic at PT. Bank Rakyat Indonesia Kudus Regency Unit Office. Implementation of law on debtors in Force Majeure credit financing during the COVID-19 pandemic at PT. BRI Kudus Regency Unit Office in accordance with POJK No.11 of 2020, the Bank can provide credit financing restructuring to debtors provided that the debtor is affected by the spread of COVID-19 which results in the debtor having difficulty fulfilling obligations to the Bank.
Yahman and Azis Setyagama, 'Legal Problematics Against Policy Covid-19 in Indonesia' (2020) 4(17) PalArch's Journal of Archaeology of Egypt / Egyptology 1022-1038 Abstract: This Government Regulation is a follow-up to the implementation of Law No. 6 of 2018 concerning Health Quarantine. Countermeasure for the Corona Covid-19 virus by applying this large-scale restriction will lead to legal problems regarding the rights of citizens which are also protected by laws and regulations, particularly those relating to Human Rights. The purpose of this research is to find out the impact of the implementation of social distancing in overcoming the Corona Covid-19 Virus epidemic that hit Indonesia today. The study of this study uses a normative juridical approach which is a study that examines the norms that exist in a statutory regulation, in this case the norms that exist in Law No. 6 of 2018 and Government Regulation No. 21 of 2020. In addition to the normative approach, a sociological assessment was also carried out in particular the impact caused by social restriction policies in tackling the Corona Covid-19 virus outbreak. The research results achieved show that the choices made by the Indonesian government by imposing social restrictions are the most appropriate choice given the socio-economic conditions of Indonesia are different from countries that impose regional quarantine or lockdown.
Yahya, Azhari, 'State Responsibility Towards the Right to Health in the Age of Covid-19 Pandemic in Indonesia' (Conference Paper, International Conference on Law and Human Rights 2020 (ICLHR 2020), 08 January 2021) Abstract: The right to health is universally recognized through Article 25 paragraph (1) of Universal Declaration of Human Rights saying that everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Every country in the world including Indonesia that becomes a party to human rights treaty has addressed health-related rights including the right to health and a number of rights related to conditions necessary for health. Right to health encompasses all socio-economic, environmental and legal issues that have any direct implication on health. Therefore, the steps to be taken by the states parties shall include prevention, treatment and control of epidemic, endemic, occupational and other diseases. Under this framework, the state has duties to ensure the rights of its citizens to enjoy healthy life. In this matter, the state is duty-bound legally to provide basic minimum rights for securing health, including easily accessible and affordable good quality health care for all. Since Indonesian government had declared corona virus disease 2019 (Covid-19) as a national disaster on 2nd March 2020, every facet of society has changed dramatically. Consequently, Indonesian citizens feel threatened by the virus. Then, late response from the government has made them vulnerable to the pandemic. It was not until 13th March 2020 the Indonesian government reacted to the crisis by setting up the Task Force for Rapid Response to Covid-19 under Presidential Decree Number 9 year 2020. By then, the spread of corona virus becomes a core concern for Indonesian Government. Indonesian Task Force for Rapid Response to Covid-19 announced that as of 25th October 2020 there were 389,712 people were infected by Corona virus. Among them 313,764 people were recovered (80.51%) and 13,299 people died (3.41%) and 62,649 people were hospitalized (16.07%). These data have made Indonesia as one of the most vulnerable countries in the world. The increase in death cases in Indonesia should be a worrying sign for Indonesian Government and now the government is entering a situation of being alert to the spread of this corona virus. In anticipating this situation Indonesian Government has implemented several recommendations for the prevention of this virus outbreak centrally through the health protocol. Society is obliged to apply social distance, self-isolation, clean living behaviors, and healthy living with nutritious food consumption. In short, the government must take a full role in providing alternatives as the way out to ensure the right to health for all citizens. Drawing on the above description, this paper scrutinizes the state responsibility in terms of providing health care for all citizens as human rights during Covid-19 pandemic in Indonesia.
Yani, Ermida and Fauziah Lubis, ‘The Effectiveness of Executing Trialse-Court During the Covid-19 Pandemic in Matters of Shariah Economic Law Perspective Maslahah Mursalah Imam Asy Syatibi: Case Study of the Medan Religious Court’ (2022) 7(2) KABILAH : Journal of Social Community 435–446 Abstract: E-Court is an application that is integrated with SIPP which is used to process lawsuits/applications, payment of court fees, summons, notifications and delivery of decisions electronically, as well as to process other administrative services. Imam Syatibi also said that sharia actually aims to realize the benefit of humans in this world and in the hereafter. In the e-court trial during the Covid-19 pandemic there were benefits that made it easier to conduct trials and there was no harm in the trial. This e-court trial is very effective which makes it easier for every plaintiff and defendant to conduct a trial. In e-court trials it is very often used in the Medan Religious Court itself, especially regarding sharia economic cases, the effectiveness of online case registration through the E-Court application that can be obtained from this application, namely, saving time and money in the case registration process, payment of down payment fees which can be done in multi-channel channels or from various payment methods and banks, Documents are properly archived and can be accessed from various locations and media, Faster Data Retrieval Process.
Yanti Sulistiawati, Linda, 'Legal and Regulatory Measures and Responses to Prevent and Control COVID-19 in Indonesia' (2021) 1-3(1) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 39-52 Abstract: This paper discusses the laws and regulations used by the Government of Indonesia in tackling the COVID-19 Pandemic. To combat COVID-19, the Indonesian government opted to act via the Contagious Diseases Law without having to enact the Emergency Situation Law. Moreover, the Government of Indonesia utilized the Health Quarantine Law, established the COVID-19 Expediting Management Task Force, and Large-Scale Social Distancing policies. There have been at least 6 different types of regulations and policies utilized by the Government of Indonesia during the COVID-19 Pandemic period: (1) General policies, eq. large-scale social distancing, school closures, etc; (2) Policies toward COVID-19 patients, eq. Presidential Regulation on the development of observation and containment facilities in Galang Island, Batam City, Riau Province in relation to COVID-19 or other infectious diseases; (3) Stay-home policy to prevent spread of COVID-19, enacted by Ministerial Offices; (4) Travel bans to prevent spread of COVID- 19 within and outside Indonesia; (5) Softening the economic impact of COVID-19 eq. various regulation from the Central Banks, Industrial and Trade Ministry, and Financial Services Authority on exports, imports, international currency, Giro, regular banking, Syariah banking, stock exchange, etc, in relation to COVID-19; and (6) Financing the management of COVID-19. The legal framework for combatting COVID- 19 is already in place in Indonesia. There are many laws and regulations that are available, including the Constitution, and presidential, governmental and ministerial regulations. However, overlaps and inconsistencies can be seen in some cases, and these make the situation more dire for the people of Indonesia. These inconsistencies should be resolved quickly by the government.
Yanti Sulistiawati, Linda and Ibrahim Hanif, ‘Indonesia: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2022) Abstract: As of 28 September 2021, the World Health Organization has reported 4,209,403 confirmed cases of Covid-19, with 141,585 deaths. As of 21 September 2021, 127,209,288 vaccine doses have been administered in Indonesia,1 a country with a 2020 population estimate of 273,523,615. Indonesia confirmed its first Covid-19 case on 2 March 2020, after which the virus spread rapidly, overwhelming the healthcare system, and requiring nationwide restrictions which began in early April 2020 and were extended up until April 2021. A second wave began in June 2021, following the relaxation of restrictions and the spread of the Delta variant, which also overwhelmed the healthcare system and led to renewed restrictions until mid-September 2021.
Yuliani, Rizki Amalia, ‘Legal Certainty of Suspension of Debt Payment Obligations Proceedings during The Covid-19 Pandemic Period’ (2022) 22(3) Jurnal Penelitian Hukum De Jure 371–386 Abstract: During the Covid-19 pandemic period, the Suspension of Debt Payment Obligations (PKPU) Proceedings at the Commercial Court in Indonesia are now carried out online. The implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online in the Commercial Court during the Covid-19 pandemic period was carried out based on the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 1 of 2019 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020. However, the implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online during the Covid-19 pandemic period in every Commercial Court in Indonesia varies, depending on the conditions and facilities at the Commercial Court. In response to this, since the beginning of 2022, the Supreme Court has drawn up a draft amendment to PERMA Number 1 of 2019 and formed technical instructions for amendments to PERMA Number 1 of 2019 which the preparation is still ongoing until August 2022. This research was conducted using a normative juridical law research method. This study discusses the amendments to PERMA Number 1 of 2019 and the draft technical instructions for amendments to PERMA Number 1 of 2019. The results of the study showed that the draft amendments to PERMA Number 1 of 2019 and the draft of technical instructions for amendments to PERMA Number 1 of 2019 still do not regulate the implementation of creditor meetings and online voting. In this regard, it is recommended that the Supreme Court add rules regarding guidelines for conducting creditor meetings and online voting in the Suspension of Debt Payment Obligations (PKPU) Proceedings Online process so that the Suspension of Debt Payment Obligations (PKPU) Proceedings Online process in all Commercial Courts is uniform and provides legal certainty for the parties.
Yusro, Mochammad Abizar, ‘Shareholders Lawsuit: Fraud on Minority Law Enforcement to Invent Corrective Justice During the Covid-19’ (2022) 8(1) _Law Research Review Quarterly_ Abstract: The purpose of this study is to analyse and provide recommendations for national law, related to law enforcement in violations against minorities (fraud on minorities) shareholders to create corrective justice during the covid-19 period. Minority Shareholders are a group that is classified as vulnerable to actions that can result in losses. For this reason, law enforcement efforts against Minority Shareholder fraud are needed, to provide legal protection and recovery of losses in order to create corrective justice. This research method is descriptive by using the type of juridical-normative research. The type of approach used is a statutory approach and a conceptual approach. The results of this study describe the rights of shareholders given by laws and regulations, which can be used to carry out legal remedies based on corrective justice when fraud is on a minority. The legal effort began with a shareholder lawsuit consisting of two mechanisms, namely derivative action and direct action from shareholders which has been accommodated in Law Number 40 of 2007 concerning Limited Liability Companies. However, this effort is commonly used and has several weaknesses, one of which is the absence of specification rules related to the procedures for implementing it.
Zain, Muhammad Fuad, ‘Dispensation and Adaptation of Islamic Religious Practices Based on Fatwas of the Indonesian Ulema Council During Covid-19 Pandemic’ (2024) 21(1) Manchester Journal of International Economic Law 234–248 Abstract: Indonesian government designated the Covid-19 pandemic as a national-scale humanitarian disaster and implemented measures like physical distancing and large-scale social restrictions to stop the spread of Covid-19. These measures have social as well as religious implications such as for collective prayers and worships in mosques. In implementing the restrictive measures to prevent the spread of Covid-19 such as social distancing and lockdowns, the government was supported by a series of fatwas (rulings) issued by the Indonesian Ulema Council (MUI), which has the authority over religious matters. This article applied a qualitative approach to investigate the MUI fatwas on changing the worship procedures during the Covid-19 pandemic and their role in preventing the spread of Covid-19. The main data sources for this research are three MUI fatwas, government policy documents related to Covid-19, and statements made by the government and MUI leaders to the media. In the Islamic law context, the modification of worship rules and procedures was based on the emerging threat of the Covid-19 pandemic warranting legal dispensations. This article found that the MUI fatwas were in line with religious objectives, especially for protecting lives by breaking Covid-19 infection chains in accordance with the government’s social distancing policy. However, the MUI fatwas and circular letters from the Indonesian Minister of Religious Affairs on worship procedures during the Covid-19 pandemic have created a shift in religious practices for Muslims.
Zainuddin, Zainuddin et al, ‘Muslims Resistance to Health Protocols in COVID-19 Funeral: A Study of Islamic Law’ (2022) 6(2) Samarah: Jurnal Hukum Keluarga dan Hukum Islam 757–774 Abstract: Some Muslims have stood up against health protocols for burying COVID-19 corpses. This research aimed to investigate the initial occurrence of this resistance in society, the contributing factors to the resistance, and the implications of the resistance. To date, most studies on resistance focused on social perspectives, but this research probed into the discourse of resistance during COVID-19 from the perspective of legal transformation, especially in Islamic law or fiqh. This study employed a qualitative approach supported by data obtained from printed and electronic media, and informants. The analysis revealed that public resistance to the burial which complied to health protocols was not only embodied in rhetorics or values but made apparent in their attitude. This study concludes that public resistance sucessfully reformed the law by bringing about the new fiqh regarding the burial practice. Since the community might not readily understand and accept this neq fiqh, we advised the government and related institutions to take intensive approaches to introduce this transformation to public.
Zulkarnaen, Ahmad Hunaeni, 'Settlement of termination of employment due to the impact of the COVID-19 pandemic based on the legal system of Indonesia' (2021) 10(5) American Journal of Humanities and Social Sciences Research 138-147 Abstract: The Confederation of Indonesian Trade Unions (KSPI) has recorded approximately 50,000 (Fifty Thousand) workers/laborers laid off since the beginning of 2021 due to the impact of the Covid-19 Pandemic. Therefore, the authors researched this problem. This study aims to analyze the process of resolving layoffs due to the effects of the Covid-19 Pandemic following Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement (UUPPHI) based on Pancasila theories of justice aspects of legal change. This article concludes that layoffs are one type of industrial relations dispute regulated in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement (UUPPHI); there are 2 (two) categories of causes for layoffs, violations of the law, or absence of law violations. The Covid-19 pandemic does not include layoffs in the category of legal breaches, layoffs due to the Covid-19 pandemic an effort to prevent companies from losing money or closing, however layoffs for any cause must be stopped, employers, workers/laborers, trade unions/labor unions with all their might and efforts must be made in order to avoid layoffs, for workers/labourers layoffs are the beginning of suffering, layoffs must be carried out in very forced conditions (force majeure) while still maintaining harmonious industrial relations (industrial peace), in the event that layoffs cannot be avoided, then the purpose of layoffs must be resolved by deliberation (bipartite), if the bipartite settlement is not successful, termination of employment can only be carried out after obtaining a determination from the Industrial Relations Dispute Settlement Agency (LPPHI) in accordance with UUPPHI accompanied by granting rights to workers/laborers in the form of working conditions, both normative (labor legislation) as well as terms of employment as regulated in Law Number 13 of 2003 concerning Manpower (UUK) and Law Number 11 of 2020 concerning Job Creation (UUCK) following aspects of legal change (Standard of conduct, as a tool of social engineering, as a tool of social of control, as a facility on human interaction) based on Pancasila Industrial Relations (HIP) and theories of justice (Distributive, Commutative, Utility, Protective) so that workers/laborers are laid off due to the Covid-19 pandemic in addition to receiving protection to obtain the working conditions as described above, as well as getting empowerment and utilization to have work competencies so that they can work for other companies or be able to do entrepreneurship independently.
Japan
Aoki, Naomi, ‘Stay-at-Home Request or Order? A Study of the Regulation of Individual Behavior during a Pandemic Crisis in Japan’ [2021] International Journal of Public Administration (advance article, published 13 April 2021) Abstract: This study examines whether a stay-at-home order with penalties would be an effective measure for regulating public behavior during a pandemic lockdown, through an online experiment conducted in Japan. Amidst the COVID-19 pandemic of 2020, authorities around the world have taken measures to limit civil liberties by means of stay-at-home orders, with penalties for infractions. In contrast, Japan has avoided legal sanctions and sought voluntary cooperation from the public. This self-restraint request might work to deter public activity in Japan, whose society is known for conformity and social order. Nevertheless, the study found that penalties do make a difference in the intention to stay home, especially in places with high infection rates, such as Tokyo. This piece of evidence could contribute to a broader discourse on what sort of measures to take to encourage public cooperation or compliance and how to balance civil liberties and national health.
Barnes, Matthew, ‘Coronavirus: What Now for the Global Economy and Financial Markets?’ (2020) 5 Wolverhampton Law Journal, 31–46 Abstract: The novel coronavirus has spread exponentially across the globe impacting many aspects of life and it continues to do so at an alarming pace. There are several concerns that stem from this pandemic such as when a vaccine will become available and the impact that it will have on human life. While the paramount concern is, without doubt, to conserve and protect life, there are other implications that should be acknowledged of which this paper is directed toward; the economy and financial markets. This paper will take a two-pronged approach focusing on the effects of the economy and financial markets; and looking to the future. Therefore, the focus of this paper is to illustrate the effects on the economy and financial markets during the beginning and heightened stage of the pandemic, including an up-to-date account, in three large economies, namely the UK, US and Japan. This will be followed by an observation of what the future holds taking into account financial stimulus packages, financial markets and the potential for financial crises. Data, literature and commentary from Governments, global organisations and other key entities will be included.
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
Ejima, Akiko, ‘Japan: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024) Abstract: Central features of the measures taken by the Japanese Government to tackle the Covid-19 pandemic are softness and slowness. The Government did not legislate new laws but amended the existing laws to cope with the pandemic. In general, they rely on people’s self-restraint by social pressure rather than legal coercion by penalty and punishment. Criticism of the policies and measures of the government focuses on its reluctance and inaction rather than the misuse and abuse of government powers. Therefore, it is more difficult for the legislature and judiciary to play an essential role in overseeing the executive, which is keen not to be seen to restrict the rights of the people. Another feature of the Japanese measures is how to adapt to the incessant changes which occurred during the pandemic. Based on the Act on Special Measures against Novel Influenza (ASMNI), a state of emergency (緊急事態) was declared four times to cope with the rise in infections: the first between 7 April–25 May 2020; the second between 8 January–21 March 2021; the third between 25 April–20 June 2021; and the fourth between 12 July–30 September 2021. To deal with differences between prefectures and tackle infections effectively, the quasi-state of emergency (まん延防止等重点措置) was introduced on 2 March 2021. The quasi-state of emergency was used twice: the first was between 5 April–30 September 2021 to swiftly control the spread of infection in order to be able to hold the Tokyo Olympics and Paralympics; and the second was between 9 January–21 March 2022 to tackle the new Omicron variant. The extra challenge for Japan was holding the Tokyo Olympics (23 July–8 August 2021) and Paralympics (24 August–5 September 2021) during the fourth state of emergency. As of 9 May 2023, there have been 33,803,572 confirmed cases and 74,694 death—whereas, as of 31 March 2022, there had been 6,504,73 confirmed cases and 28,010 deaths.1 The population of Japan is 12,559,000 (as of 1 September 2021).2 The pandemic has been dealt with by the Novel Coronavirus Response Headquarters (NCRH), which was established by the Cabinet decision on 30 January 2020 (and later based on the amended ASMNI), and which set up and updated the Basic Policies for Novel Coronavirus Disease Control (BPNCDC) to deal with the pandemic. Taking into account that the infectiousness and severity of Covid-19 were both weakened, Covid-19 was repositioned from ‘new influenza and other infectious diseases’ (Class 2) to a Class 5 infectious disease on 8 May 2023, and the NCRH and the BPNCDC were abolished (see Part IV.A below). On 21 April 2023, the Cabinet Act and the ASMNI were revised to establish a new agency, the Cabinet Agency for Infectious Disease Crisis Management (CAICM, 内閣感染症危機管理統括庁) in the Cabinet Secretariat in order to prepare for a future pandemic. It will serve as a command post for infectious disease countermeasures from September 2023.
Ejima, Akiko, ‘Please Stay at Home: Japan’s Soft Approach in Combatting COVID-19’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 79-97 [OPEN ACCESS BOOK] Abstract: It is often thought that it is the executive, not the legislature, who can make complex decisions swiftly with limited data and experiences in a crisis. Therefore, the executive is expected to play a central role in tackling the pandemic. The democratic decision-making takes time and may need to be compromised until the crisis is over. Particularly, a state of emergency may be more easily accepted in the situation of sudden outbreak of pandemic. However, it is time to examine each critical decision made by the executive in the COVID-19 era because more than a year has passed since the breakout of the pandemic and we have more data and experiences. Particularly, how and to what extent the legislature has played what kind of role in the efforts to tackle the pandemic needs to be examined in order to reevaluate the democratic value of the legislature. If its role has been limited or non-existent, why? Is it because of the unique nature of the COVID-19 pandemic? Or, is it a constitutional structural problem which existed already before the pandemic but is exposed during the pandemic? This report explores those questions.
Fisher, James C, ‘“All I Can Do Is Ask”: COVID-19, Lockdowns without Law, and Constitutionalism in Japan’ [2021] (2) Public Law 251–261 Abstract: The 2016 Japanese creature-feature ‘Shin Godzilla’ failed to replicate abroad its domestic commercial and critical triumph. Superficially, it reheats a time-honoured formula: giant reptile flattens Tokyo. But the real antagonist in this franchise reboot is not the eponymous lizard, but Japanese government. In its defining scenes, Japan’s political order fails tragicomically to handle a crisis. This made cathartic viewing for a Japanese audience still nursing the trauma of 2011’s natural and nuclear disasters-and anger at the official response. Its force was, it seems, somewhat lost on international viewers lacking this intuitive understanding of the story’s real villain. The institutions and conventions of Japanese public power have been tested afresh by the COVID-19 pandemic and, in the opinion of most Japanese and international observers, have again been found wanting. The sudden resignation of Japanese Prime Minister Abe Shinzo-ostensibly on grounds of ill health-came as support for his administration neared its historic low. Paradoxically though, for most of 2020, Japan’s health outcomes resembled those of widely applauded jurisdictions such as Taiwan, Singapore and the Republic of Korea. Clearly, the government has been judged not directly on health outcomes, but on its general handling of this major crisis. Japan has controversially declined to follow comparable jurisdictions into mandatory ‘lockdown’. Some work is needed to contextualise and assess Japan’s distinctive non-coercive response, which concerns the relationship between extra-legal guidance and positive law, and invites reflection on wider trajectories of Japanese constitutionalism.
Gesley, Jenny, 'Regulating Electronic Means to Fight the Spread of COVID-19' (Law Library of Congress Legal Report No , 06 January 2020) Abstract: Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Grayson-Morison, Reegan and Stacey Steele, 'Judicial responses to COVID-19: Japanese and Victorian courts' use of technology' (Asian Legal Conversations: COVID-19, 24 January 2020) Abstract: A/Professor Stacey Steele and Reegan Grayson-Morison discuss Japanese criminal justice in this second post on the Japanese justice system and responses to COVID-19. In this post, they consider detention applications (勾留 kōryū), bail (保釈 hoshaku), the management of detention houses (拘置所 kōchisho, 留置施設 ryūchisisetu) and prisons (刑務所 keimusho, 少年刑務所 shōnen keimusho), and the ability of lawyers to interact with clients. Reegan also offers some comparative insights into the measures being taken in Victoria in relation to these matters.
Iwasaki, Masaki, ‘Segmentation of Social Norms and Emergence of Social Conflicts Through COVID-19 Laws’ (SSRN Scholarly Paper No ID 4021862, 31 January 2022) Abstract: In the name of combating COVID-19, many countries have enacted laws that restrict citizens’ freedom of movement and freedom to operate businesses. These laws attempt to use the expressive effects of law and legal sanctions to make people conform to legal norms different from pre-existing social norms. The economic theory of law and social norms predicts that when legal norms deviate significantly from social norms, they can cause people to protest or violate them, leading to a division of social norms and possible social conflicts not only between the state and its citizens but also among people with different beliefs. Using Japan’s COVID-19 laws as a case study, this paper examines under what conditions laws that aim to change social norms can fail and what the side effects are in such cases. In Japan, we have seen a fragmentation of social norms, with the emergence of citizens pejoratively called ‘self-restraint police,’ who enforce behavioral restrictions illegally on others and rural residents who interfere with and harass urban citizens returning to their hometowns. Such informal surveillance among residents during the pandemic recalls the government’s misuse of neighborhood organizations during World War II to encourage residents to monitor each other. Also, the government’s over-hyping of the dangers of COVID-19 has led to discrimination against patients and health care workers, an alarming echo of Japan’s history of discrimination and lifelong isolation of leprosy patients.
Kadomatsu, Narufumi, ‘Legal Countermeasures against COVID-19 in Japan: Effectiveness and Limits of Non-Coercive Measures’ [2022] China-EU Law Journal (advance article, published online 11 April 2022) Abstract: This paper analyzes the Japanese legal responses to COVID-19. Japan did not declare the state of emergency on the constitutional level. In addition, it did not enact a new law and instead amended existing statutes several times to cope with the situation. The paper first introduces provisions of the Novel Influenza Act and Infectious Diseases Acts provisions before and after the February 2021 amendments. The remarkable feature of the Japanese countermeasures was the focus on non-coercive measures. There is no compulsory scheme to ensure ‘staying at home’ for general residents. Regarding the facility managers, the NIA provided for the public announcement of non-compliance of the ‘recommendation’ to ensure effectiveness. The legal nature of such public announcements is disputed in Japanese administrative law. The February 2021 amendments added the possibility of issuing an order whose effectiveness was guaranteed by administrative fines. This paper analyzes the traditional emphasis of ‘administrative guidance’ in Japan and proposes hypotheses as to why open non-compliance cases of facility managers are observed. Concerning patients, prior to the February 2021 amendment, the IDA provided for the problematic legal figures of ‘recommendation’ and ‘immediate execution’. The Feb. 2021 amendment, which added administrative fines, made the legal figure more complex. COVID-19 countermeasures have highlighted the difficulty of legal control when public behavior change is a policy goal. We must proceed by trial and error and accumulate knowledge regarding legal regulations or governmental messages that effectively affect public behavior. In the process, we should embrace the basic principles of constitutional democracy, such as the democratic legitimacy and accountability of government decisions and the principle of the rule of law. Simultaneously, we must remember that infectious disease control is a matter of human rights and discrimination, especially considering the unfortunate history of infectious disease control in Japan.
Kaneda, Yudai, Mira Namba and Masaki Takebayashi, ‘Navigating Japan’s COVID-19 Vaccination Challenges: A Shift in Legal Classification and the Opt-out System’ [2023] JMA Journal (advance article, published online 27 November 2023) Abstract: On January 20, 2023, the Japanese government announced easing the legal handling of the novel coronavirus disease 2019 (COVID-19) under its Infectious Diseases Control Act, effective May 8, 2023. While free vaccines will continue in fiscal year 2023, the future of mass vaccinations remains uncertain. The opt-out system, wherein local governments schedule vaccinations on behalf of the residents, may potentially alleviate issues associated with the currently adopted opt-in approach, such as procedural intricacies and scheduling difficulties, thereby facilitating the recovery of vaccination rates and simultaneously addressing vaccine wastage concerns. Given that COVID-19 still presents a substantial risk to specific groups, such as the elderly, recognizing the benefits of the opt-out system and the ethical and geographical challenges it poses is essential. With the collaboration of local governments and healthcare institutions, ongoing surveillance and scientific assessment are indispensable.
Kaneko, Yuka, ‘Law and Social Changes in a Pandemic: Results of Survey of COVID-19-Affected SMEs in Kobe, Japan’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer, 2023) 1–26 Abstract: This chapter investigates into the law and social changes in Japan under the impact of COVID-19, in a search for ‘justice’ in the social allocation of the burden caused by the pandemic, with a particular focus on the contractual relations surrounding small- and medium-sized enterprises (SMEs). A number of distortions are detected in the contractual relation resulted from regulatory intervention or trade customs which impede contract renegotiation which could otherwise be expected for mutual risk-sharing in the emergency. Another controversy is that the results of the failure of ‘small government’ that delayed infection control have been transferred to the regional financial sector for SMEs, but the government is taking this as an opportunity for a financial sector restructuring.
Kato, Takayuki, ‘Is the True Value of the Constitution Demonstrated during the Pandemic?: National Report on Japan’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 510–528 Abstract: Three legal frameworks have been prepared for responding to such situations, namely the Quarantine Act, the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (hereinafter referred to as the Infectious Diseases Act)1 and the Act on Special Measures against New Influenza, etc. COVID-19 is designated as an infectious disease subject to these three laws.
Kitahara, Kanako et al, ‘An Overview of the Reclassification of COVID-19 of the Infectious Diseases Control Law in Japan’ [2023] Global Health & Medicine (advance article, published online 8 April 2023) Abstract: Japan’s responses to COVID-19 have been conducted based on the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (the Infectious Diseases Control Law) and the Act on Special Measures against Novel Influenza, etc. (the Act on Special Measures), as COVID-19 is classified as the category of ‘the Novel Influenza etc.’ under the Infectious Diseases Control Law. The government’s Novel Coronavirus Response Headquarters decided to reclassify COVID-19 as a Category V infectious disease under the Infectious Diseases Control Law in May 2023 since the disease has become less lethal. Accordingly, the countermeasures such as surveillance and medical care are going to be reviewed, and COVID-19 prevention actions will depend on personal choices (Prior to the review in May, mask usage will be changed from 13 March). However, this does not mean that infection control measures are no longer necessary; it is recommended that such measures be taken in certain settings in order to prevent the elderly and those who at a high risk of severe illness from being infected, even after the disease is classified as Category V.
Marinelli, Francesca and Michela Riminucci, ‘COVID-19 and Gender Gap in Italy and Japan: Can “Pink Quotas” Be the Solution?’ (2022) 15(2) Italian Labour Law e-Journal 71–85 Abstract: Despite the significant improvements in terms of gender equality in recent years, numerous gaps – especially, the one related to the labour market – still persist all over the world also due to the COVID-19 pandemic. The present research intends to discuss whether the controversial gender quota systems – introduced in many countries as a form of positive action to foster a more diverse work environment – could face the crisis in order to avoid the loss of decades’ worth of achievements on equality. We chose to compare Italy – which implemented the quote rosa system in 2011 with mixed results – and Japan – which is reviewing its plan to promote women’s development after failing to achieve its objective of having at least 30% of women in leadership positions by 2020 – because both countries were still far from reaching their goals about gender equality and, therefore, in a vulnerable position when the pandemic hit.
Miller, Derek et al, 'Overview of legal measures for managing workplace COVID-19 infection risk in several Asia-Pacific countries' (2021) Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Murai, Maiko, ‘The Current Situation of Japanese Copyright Law Regarding Internet Transmission of Library Materials – The Amendment to the Copyright Act in 2021’ (2024) 73(10) GRUR International: Journal of European & International IP Law 917–927 Abstract: The COVID-19 pandemic prompted Japan to review Art. 31 of the Copyright Act in 2021, which pertains to limitations on copyright for library usage. As a result, access to library materials via the internet became legally permissible within certain limits. Specifically, the amendment allows (1) the National Diet Library to transmit rare or out-of-print materials to individuals on the internet; and (2) libraries and similar facilities to provide users with public transmission services (transmitting portions of copyrighted works to users for research or study purposes). This article introduces the revisions made to Art. 31 in the 2021 amendment, explains the current situation regarding internet transmission of library materials in Japan, and explores future issues. Transmission via the internet is not subject to physical or locational constraints. The provision of library materials via the internet will thus involve considering how to position and organize the relationship between the individual transmission service for rare or out-of-print library materials by the National Diet Library and public transmission services by individual libraries.
Obayashi, Keigo, Takatoshi Tezuka and Jonathan Hafetz, ‘Constitution Under Pandemic: Constitutional Issues on the Japanese Method of Responding to the Covid-19 Pandemic and Comparison to the United States’ (2022) 37(2) Chiba Law Journal 61–86 Abstract: In response to the COVID-19 pandemic, governments around the world have taken their own measures. However, the methods have varied from country to country. For example, some countries imposed strong restrictions on the human rights of their citizens to prevent the spread of the pandemic, while others took a softer approach by encouraging their citizens to exercise restraint. The soft approach, in particular, appears to have been relatively effective in limiting the spread of infection. However, this approach carries some problems, such as the fact that it can be de facto coercive. Even though the de facto coercive approach can actually restrict individual rights, courts may still find that this restriction is not coercive and therefore does not violate individual rights. This paper examines the constitutional issues related to Japan’s response to COVID-19. First, it examines the role of the state in charge of public health with regard to COVID-19 and provides three models of responses taken in various countries around the world: the mandatory model, the self-restraint model, and the hands-off model. Then, it focuses on the responses taken in Japan, which has adopted the self-restraint model, and summarizes the measures taken by local governments as well as the problems those measures raise. Finally, the paper analyzes the constitutional problems of the Japanese model, based on a comparison with the U.S. model that uses elements of a mandatory model.
Orihara, Masanori, 'COVID-19: Firm Value and Pre-Existing Corporate Governance Regulations' (SSRN Scholarly Paper No ID 3827821, 15 January 2021) Abstract: We find that firms that barely met a voluntary regulatory minimum pre-COVID-19 (minimal compliers) lost more firm value than others due to COVID-19. We consider the Japanese corporate governance code introduced in 2015. It requires that firms have at least two outside directors on a comply-or-explain basis. Our finding hinges on pre-pandemic liquidity: the relative value of outside directors for companies that under- or over-complied with the code (non-minimal compliers) compared to minimal compliers increases with cash holdings accumulated pre-pandemic. There are no significant differences between non-minimal compliers. Director characteristics make no difference to firm value either. Adoption of a US-type board system, which is selectively available without comply-or-explain disclosure, also increases firm value. Our findings suggest that firms’ own optimization, not policy-induced board formation, is a key for shielding firm value against a sudden shock like the outbreak of COVID-19.
Parvin, Gulsan et al, 'Media Discourse About the Pandemic Novel Coronavirus (COVID-19) in East Asia: The Case of China and Japan' (SSRN Scholarly Paper No ID 3603875, 18 January 2020) Abstract: Irrespective of the nations and media, from 20 January 2020 to the date, the term ‘coronavirus’ is uttered and or written most frequently. Recent emergence of this coronavirus related disease, which is called COVID-19, first reported from Wuhan city of the capital of Hubei Province of China (mainland) during December 2019, and this virus has caused today’s pandemic. As of 14 April 2020, this pandemic has affected 1,925,811 persons across 232 countries and territories. Not only every sectors of all these affected countries are concerned to the pandemic but also all sorts of medias are imposing their hughest concerns to present news, perceptions and opinions related to the outbreak. Notably, the English version of e-newspapers of affected countries played a pivotal role in informing the world about the spread and infection, preparedness and awareness situation, institutional efforts and such other critical issues. During this pandemic created by COVID-19, how English version of e-newspapers of first two affected countries,China and Japan, which are not English speakimg and have different socio-economic and political settings, have highlighted their news and informed global communities are essential to analyze. It is now well known that COVID-19 has imposed high impacts on every aspect of our lives. Health, society, economy, politics, environment, sports, technology, and media all are now somehow shaped by the outbreak of COVID-19. How experts' thoughts and perceptions published in newspapers are highlighting, and developing these aspects of our lives is crucial to understand. Therefore, this paper aims to explore the thoughts and highlights presented by the two leading English newspapers in China and Japan from January to March. Within three months, both in China and Japan media shifted their focuses from health and preparedness to economy, politics and social welfare. However, the shift and focus were different in China and Japan. Governance and social welfare were key concerns of China; in contrast, global politics received the highest attention by the experts of Japan`s newspaper. Understanding and analysis of this study can give guidance to other countries' news media to play effective roles to manage health crisis. It also offer direction to the leading media to shape their role and contribution to society and policy making during crisis and catastrophe.
Pestoff, Victor and Yayoi Saito, ‘COVID-19, Co-Production and Governance of Japanese Healthcare Providers’ (2021) 10(2) Journal of Entrepreneurial and Organizational Diversity 54–70 Abstract: The COVID-19 pandemic underlines the importance of citizen support for and compliance with public health goals. This paper explores the contribution of governance to the staff’s work environment, and patient participation in public financed healthcare services. More staff control over their daily work-life tasks will promote greater work satisfaction; in turn, more satisfied staff will provide better quality services than dissatisfied staff. Therefore, it considers three models for governing public financed services: a democratic, multi-stakeholder model, a stewardship model, and a more traditional ‘command and control’ model. The paper investigates whether a participatory governance model allows the staff greater autonomy and promotes a multi-stakeholder dialogue that facilitates greater user/citizen participation. It also asks how public financed service providers can develop institutions that facilitate, foster and institutionalize user/citizen participation. Furthermore, the paper presents a case study from the Minami Medical Co-op in Nagoya, Japan and concludes that participatory governance can serve as a ‘best practice’ for other public and private healthcare providers.
Saijo, Harunobu and Charles Crabtree, ‘Mass Receptiveness to Unconstrained Emergency Legislation during Crisis: Survey Experiment in Pandemic-Era Japan’ (2025) 12 Humanities and Social Sciences Communications Article 519 Abstract: To what extent does government messaging influence the willingness of citizens to accept constitutional amendments that empower the executive during crisis? Leaders trying to increase their power often attempt to mobilize public opinion for emergency legislation by emphasizing institutional constraints and crisis severity. To test the extent to which the public is swayed by such rhetoric, a vignette survey experiment was conducted with a national sample of 2569 Japanese during the COVID-19 pandemic. The experiment asks respondents to consider the tradeoff between executive power and their own safety, in a realistic setting. We find robust null effects, suggesting that such messaging does little to sway respondents.
Suzuki, Kohei and Kentaro Sakuwa, ‘Japan’s Responses to COVID-19’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024) Abstract: This chapter explores how Japan responded to and mitigated the spread of COVID-19. Despite several unfavorable conditions controlling the pandemic, Japan has managed the pandemic more effectively than several other countries in terms of its numbers of COVID-19 infection cases and fatalities. However, Japan has not been as successful in containing the disease as other Asia Pacific countries. Japan’s approach is characterized as a cautious and self-restraint-based approach that relies on citizens’ self-restraint behavior and personal hygiene practices rather than on enforcing strict, legally binding measures and proactively testing and tracing potentially infected individuals. Japan implemented ‘mild lockdowns’ using nonbinding request-based approaches to reduce mobility and certain types of public activities and relying on citizens’ self-restraint behaviors to control the pandemic. This chapter shows several performance indicators of governments’ responses to the pandemic and examine Japan’s response to the pandemic from a broader comparative perspective. Then, we explain three institutional factors that may have been associated with the distinctive characteristics of Japan’s pandemic approach; (1) institutional constraints on the prime; llminister’s leadership, (2) limited administrative capacity and pandemic unpreparedness, and (3) bureaucratic professionalism and closedness. Finally, we outline Japan’s COVID-19 containment policy by examining several phases of Japan’s response.
Tsuji, Yuichiro, ‘Administrative Guidance in Coronavirus Special Measures Act in 2021 in Japan’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 323–338 Abstract: The Constitution of Japan does not contain any provisions on emergencies. Laws enacted by the Diet have been used to deal with emergencies such as national defense or natural disaster. Authoritarian government may be at the root of the reason that administrative guidance has been used so much in Japan. Administrative guidance shows the peculiarity of Japanese society, which has tried to continue the relationship between the government and citizens in a consensual rather than confrontational way. The lack of compensation provisions in the 2020 Coronavirus Special Measures Act has been highlighted by Social Networking Services as a major flaw, but compensation provisions do exist for certain businesses and regulatory regimes. Traditionally, Japanese administrative law has been largely influenced by German law. Public announcements have the function of providing information to the general public as well as encouraging the fulfillment of obligations by those whose names are announced.
Tsuji, Yuichiro, ‘COVID-19 and the Law: How Can Governments Ensure That Citizens Fulfill Their Obligations? A Look into Japanese Law’ (2021) 16(1) Health Law & Policy Brief 20–39 Abstract: This article evaluates the Coronavirus Special Measures Act (CSMA)1 and the Infectious Diseases Act of 2021, as amended in response to COVID-19, as mechanisms that Japan used to achieve its objectives in combatting the COVID-19 pandemic. Society has various tools to control human behavior, such as religion, morality, and the market. Law is one such tool, although not necessarily a universal one. As described in this article, COVID-19 exemplifies the limitations of law as a tool to control human behavior. Japan amended the CSMA and the Infectious Diseases Act2 in 2021. The CSMA, as amended in February 2021, allows the government to impose penalties upon businesses who violate the requirement to close or shorten their business hours under a declared state of emergency. 3 In response to this amendment, some argue that uniformly imposing penalties without considering the efforts of individual restaurants to prevent infection is a violation of the purpose of the law and infringes on the freedom of business 4 guaranteed by the Constitution. The Infectious Diseases Act, amended in 2021, allows for epidemiological questioning and investigations of citizens suspected of being infected with COVID19, revises hospitalization measures, and strengthens the authority of the Minister of Health, Labor, and Welfare, and prefectural governors. Some academic theories claim that the hospitalization measure under the Infectious Diseases Act is unconstitutional. The government achieves the objectives of law through several means. Theoretically, Japanese administrative law contains four methods: Substitute Execution by Administration 7 , Execution Penalty, Direct Coercion (enforcement or compulsion), and Immediate Coercion (enforcement or compulsion). Unlike the pre-war period, there is no comprehensive law under which the government can enforce its administrative purposes. Currently, there is only the Act on Substitute Execution by Administration, which allows the administration to enforce obligations that are enforceable by others. In order for the administration to enforce its own objectives, it needs a basis in law. In this context, the government needs a legal basis to use sanctions to force people to be hospitalized or to shorten their business hours against the will of the citizens. This article examines whether the sanctions in the Infectious Diseases Act and the CSMA fall under any of these categories.
Tsuji, Yuichiro, ‘COVID-19 Vaccination in Japan: Remedies for Injured Patients’ (2021) 16(1) Health Law & Policy Brief 40–54 Abstract: This article examines COVID-19 vaccination in Japan and possible compensation rights for those who experience adverse reactions. In Japan, the Constitution1 and the Local Autonomy Act2 place regular vaccination of citizens as a municipal task. If a disaster occurs that is beyond the jurisdiction of the municipality, the prefectural government, which is positioned above the municipality, responds. The central government is constitutionally responsible for coordinating prefectures in the event of a disaster that exceeds their capacity to handle. Japanese constitutional jurisprudence holds that social restrictions inherent to property rights do not necessitate compensation, but it is possible that compensation would be necessary if society’s evaluation of compensation for property rights changes significantly. 3 A lower court decided that compensation under the property rights provision could be applied if the vaccination caused serious damage to the health or life of citizens.4 The Supreme Court of Japan has recognized the government’s liability, judging that negligence exists in the system of vaccination itself in the obligation of doctors to question patients during vaccination when serious damage to health or life occurs due to vaccination.5 This decision would also apply to adverse reactions caused by COVID-19. The debate on whether compensation is necessary or unnecessary gives a scathing assessment of the negligence of the political branches. Even if compensation based on property rights is not necessary, provisions based on social rights can be used to require the government to take steps in parliament and governance to help the socioeconomically vulnerable. Constitutional scholars should be careful when they argue that compensation for property rights is unnecessary, as citizens may misunderstand that socioeconomic support based on social rights is also unnecessary.
Tsuji, Yuichiro, 'Japanese Government Actions Against COVID-19 Under the Directives of Constitutional and Administrative Law' (2020) 1(4) Cardozo International & Comparative Law Review 1-34 Abstract: This paper further elucidates the actions of the Japanese government against COVID-19 during the first five months of 2020. On May 25, 2020, the government lifted the emergency declaration passed under the amended Art. 49(2) of the amended Influenza Special Measures Act (ISMA). This paper argues that the effects of the Japanese government action is not unique, but is instead similar to those of other countries. In 2012, the Japanese government had passed ISMA against severe acute respiratory syndrome (SARS), not COVID-19. The Government hesitated to use ISMA against COVID-19 for political reasons. The government opened advisory boards and chose a policy judgment If a delay in governmental actions led to an increase in the number of serious patients, the governmental inaction was subjected to the State Redress Act and the people of Japan could, through the election process, change the government in the next election. The emergence of COVID-19 has compelled Japanese scholars to question the validity of legal principles. Outside of Japan, the New York Times argues that the Japanese constitution should be amended to cope with such an emergency. This paper is vigilant of the governmental interventions that are carried out in the name of emergency and keeps legal principle under the rule of law. An emergency does not allow us to ignore the law; nor does it put the administration above the law. If the emergency is predicted, we can prepare and prevent resulting distress with the use of law. If an emergency occurs, we can mitigate damages and recover by interpreting or amending the existing statutes.2 The lessons from the actions undertaken by the Japanese government should be shared with other countries that have democratic constitutions. When we start a constitutional and administrative law analysis, the legal and political responsibilities should be distinguished.
Tsuji, Yuichiro, ‘Political Power and the Limits of Academic Freedom in Japan in the Era of Covid-19’ (2022) 22(2) Australian Journal of Asian Law 117–130 Abstract: This article examines the Japanese government’s response to Covid-19 from the perspective of academic freedom in constitutional jurisprudence. Academic freedom, which aims to maintain a certain tension between scientific research and politics, is constitutionally guaranteed in Japan. However, the Covid-19 pandemic has provided an opportunity for the Japanese government to exclude critics of its policy responses from expert advisory bodies, both its own recently established Covid-19 expert subcommittee and the long-standing Science Council of Japan. This article argues that the government’s actions violate the constitutional protection of academic freedom and are part of a wider trend whereby the government exploits its ‘personnel’ or ‘appointive’ power to ensure support for its policies, and that this has serious implications for the rule of law.
Yoshida, Kunihiko, 'Comparative Study of Legal Scheme for Covid-19 Disasters: Asian Responses' (2021) 3(72) The Hokkaido Law Review 1-19 Abstract: In the context of disasters, Japan has been overwhelmed by earthquakes, including, for example, the Kobe Earthquake (Jan. 1995), Niigata-Chuetsu Earthquake (Oct. 2004), and East-Japan Earthquake (Mar. 2011). In recent years, due to the precipitous climate change, we have been frequently hit by floods, such as the Joso Flood (Sep. 2015), Iwaizumi Flood (by Lionrock) (Aug. 2016), Northern Kyushu Flood (Jul. 2017), Western Japan Flood (Mabi Flood) (Jul. 2018), East Japan typhoon (Hagibis) (including Marumori Flood, Nagano-Hoyasu Flood) (Oct. 2019) and Kuma River Flood (Jul. 2020). In Indonesia where this lecture was originally planned, they have recently been hit by the Palu Earthquake (Sep.2018), on top of the ominous Banda Aceh Tsunami Disaster (Dec.2004). Now all of us have been facing the daunting Coronavirus pandemic disaster for more than a year, since February 2020. In dealing with this continuing pandemic, we need to confirm some principles for disaster recovery: First, the protection of vulnerable people in disasters, and second, the need for public assistance for inclusive recovery. In this sense, the role of governments is important.
Zinchenko, Av, ‘Japan’s Revised Immigration Law of 2018 and Its Application After the COVID-19 Pandemic’ [2023] Current Issues in the Study of History, International Relations and Cultures of the Eastern Countries 91–96 Abstract: One year before the COVID-19 pandemic, the Japanese government revised its immigration law to attract new foreign workers and deal with labor shortages in key sectors. In April 2019, the revision went into effect, and since then, Japan has been accepting foreign workers under two types of ‘specified skills’ visas 特定技能 tokutei ginō. This article is devoted to the question how the Covid-19 pandemic has affected the adoption of the new immigration law and what impact this law may have on Japanese society after the end of the Covid-19 pandemic.
<a name='SthKorea'></a>Korea (Republic of)
Baek, Buhm-Suk, ‘Beyond Privacy: South Korea’s Digital Technology-led Policy on COVID-19 and Its Impact on Human Rights’ in Sabrina Germain and Adrienne Yong (eds), Beyond the Virus: Multidisciplinary and International Perspectives on Inequalities Raised by COVID-19 (Bristol University Press, forthcoming 2024) Burke, Ciarán, ‘Abusus Non Tollit Usum? Korea’s Legal Response to Coronavirus and the Shincheonji Church of Jesus’ (2020) 4(5) The Journal of CESNUR 64–85 Abstract: The legislative framework crafted by the Korean government in response to the MERS outbreak in 2015 informed its approach when COVID-19 appeared on its territory. This framework conferred broad powers upon the authorities to react promptly and effectively to the pandemic as it developed. However, the relevant legislation suffered for a lack of human rights safeguards, and was ultimately rather opportunistically employed by the government to target an unpopular religious community, raising questions about Korea’s commitment to the rule of law and human rights standards.
Burke, Ciarán, ‘COVID-19 and Korea: Viral Xenophobia through a Legal Lens’ (2023) 16(1) The International Journal for Religious Freedom (IJRF) 91–104 Abstract: Although South Korea’s response to COVID-19 has been praised as efficient, effective, and well-planned, the legislation devised to tackle the pandemic suffered from a lack of human rights safeguards and was rather opportunistically employed by the government to target an unpopular religious community. In such situations, it falls to the courts to provide protection to those who may have suffered as a result of state excesses. The trial of Chairman Lee Manhee of the Shincheonji Church of Jesus places these issues in sharp relief. Chairman Lee’s prosecution is instructive regarding applications of the rule of law in situations of national emergency, freedom of religion, and the inadequacy of traditional legal remedies for certain human rights violations.
Cederblom, Michael L., 'Welcome to the Digital Age: Reinventing Contact Tracing and the Public Health Service Act for a Modern Pandemic Response' (2022) 1(31) Annals of Health Law and Life Sciences 101-139 Abstract: The United States' patchwork public health system produced inefficient, insufficient, and fractured contact tracing during the COVID-19 pandemic. Unless the pure federalist approach to public health crisis response is remedied, the U.S. will remain uniquely vulnerable to future outbreaks of infectious diseases. The U.S. federal government should be empowered to become the central coordinator for state digital contact tracing programs, as modeled by South Korea during the COVID-19 pandemic. There are potential privacy concerns with such methods, however, the model provided by South Korea can be adapted to import the efficacy of their program while removing the threats to civil liberties. By amending the Public Health Service Act, the U.S. can turn the CDC into a regional manager for digital contact tracing, preempting stringent privacy laws during times of crises that restrict a state's ability to act, while ensuring adequate digital privacy protections. This articles proposes an amendment that would adapt the South Korean model to improve future U.S. pandemic responses and contact tracing during infectious disease outbreaks.
Cho, Seo-Young et al, ‘South Korea’s Soft Power in the Era of the COVID-19 Pandemic: An Analysis of the Expert Survey in Europe’ (2020) 33(4) Seoul Journal of Economics 601–626 Abstract: Since the recent outbreak of the COVID-19, South Korea has demonstrated successful pandemic management that can be exemplary to other countries. This paper analyzes how South Korea’s responses to the COVID-19 pandemic has changed the perceptions of the country in Europe. Through a survey conducted with Korea experts in 16 European countries, this paper documents the positive recognition of South Korea’s pandemic management by the European public. Part of the positive appraisal can be attributed to South Korea’s extensive testing, high technology, and the culture of wearing a face mask, while the opinions were more mixed regarding its comprehensive tracking and tracing strategy due to privacy concerns. Furthermore, the findings of the survey show that Europeans’ overall perception of South Korea has improved together with its COVID-19 management. This evidence suggests that the country’s success in pandemic management can be an instrument of public diplomacy to enhance its soft power, for which the government of South Korea currently invests considerable efforts.
Cooney, Sean et al, ‘OSH and the COVID-19 Pandemic: A Legal Analysis’ (Northeastern University School of Law Research Paper No 434, 26 April 2023) Abstract: This study provides an analysis of how occupational safety and health (OSH) regulation responded to the circumstances of key workers during the COVID-19 pandemic. It explains the objectives of OSH regulation, including its main elements and how it has evolved over time. It draws from national country studies from Africa (Rwanda); Asia (China, Japan, Republic of Korea); Europe (Italy, Spain, United Kingdom); North America (United States) and South America (Brazil, Colombia) to explain how different jurisdictions address safety and health in their regulatory frameworks and how these frameworks operate in practice, including during the COVID-19 pandemic.
Daly, Tom, ‘Elections During Crisis: Global Lessons from the Asia-Pacific’ (Melbourne School of Government Policy Brief No 10, 17 March 2021) Abstract: This Policy Brief makes the following key points: (a) During 2020 states the world over learned just how challenging it can be to organise full, free, and fair elections in the middle of a pandemic. For many states facing important elections during 2021 (e.g. Japan, the UK, Israel) these challenges remain a pressing concern. (b) The pandemic has spurred electoral innovations and reform worldwide. While reforms in some states garner global attention – such as attempts at wholesale reforms in the US (e.g. early voting) – greater attention should be paid to the Asia-Pacific as a region. (c) A range of positive lessons can be drawn from the conduct of elections in South Korea, New Zealand, Mongolia, and Australia concerning safety measures, effective communication, use of digital technology, advance voting, and postal voting. Innovations across the Asia-Pacific region provide lessons for the world, not only on effectively running elections during a public health emergency, but also pointing to the future of election campaigns, in which early and remote voting becomes more common and online campaigning becomes more central. (d) Experiences elsewhere raise issues to watch out for in forthcoming elections in states and territories undergoing serious ‘pandemic backsliding’ in the protection of political freedoms. Analysis of Singapore and Indonesia indicates a rise in censorship under the pretext of addressing misinformation concerning COVID-19, and (in Indonesia) concerns about ‘votebuying’ through crisis relief funds. In Hong Kong the electoral and political system has been drastically reshaped in advance of the September elections.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Ho, Kim, ‘The Law on the Korea-Thailand Cooperation after the COVID-19’ 30(1) Journal of Korean Association of Thai Studies 87–105 Abstract: The expansion of cooperation between Korea and Thailand has been incremental and its relationship can be reinforced by building the future of the legal infrastructures with new areas. Among the various types of international law, the bilateral agreements between the two countries are the main legal infrastructures for the international cooperation. Through the Korea-ASEAN FTA, they have provided better environments for the economic cooperation for the two countries. Therefore, the possibility of the bilateral FTA achievement is positive in the future. Thailand is becoming one of the ODA donor countries and Korea was in the similar step. They can share its experience as a donor country and work together to improvement the legal infrastructure for common purposes. Then, the concept of the FTA+ODA is useful for the cooperation. After the COVID-19, they have to see the future of the pandemic and new possible cooperation points such as digital field. These new areas can be easily combined with other possible cooperation works such as the refugee or the on-line education areas. The legal supports are also important for the purpose and cooperation works for making better legal infrastructure is needed.
Kim, Youngrim, ‘Tracking Bodies in Question: Telecom Companies, Mobile Data, and Surveillance Platforms in South Korea’s Epidemic Governance’ (2022) 25(12) Information, Communication & Society 1717–1734 Abstract: In the 2020 COVID-19 pandemic, many countries across the world have developed new health surveillance technologies using digital tools and communication data to monitor and manage confirmed and suspected carriers of the virus. This article demonstrates the growing centrality of mobile network operators in managing global health crises through a case study of South Korea’s epidemic governance. In South Korea, KT, one of the country’s three telecommunications companies, has been actively developing and investing in health surveillance platforms since 2015, promoting that its big-data-based surveillance and ICT infrastructures may prevent the spread of infectious diseases. Conducting a situational analysis of archival materials, I document the process through which such mobile network operators emerge as essential producers of the data infrastructures that shape the understanding and management of public health emergencies. The article also addresses the sociocultural implications of such private technology corporations’ capturing of emergency power. In the end, I argue that Korea’s public health surveillance systems are increasingly constructed within the capitalist logic of the telecom industry, mainly via ‘platformization’ – a shift that offers telecom firms to transform from network to platform operators by extracting and aggregating subscribers’ data. The case analyzed here demonstrates how granting such extraordinary authority to ICT companies during national emergencies becomes routinized, and even instrumentalized for economic purposes.
Ko, Kilkon and Yoon Kyoung Cho, ‘South Korea’s Responses to COVID-19’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024) Abstract: This chapter investigates the Korean government’s policy responses to COVID-19. This chapter reviews the response of South Korea to COVID-19, focusing on adaptation and learning frameworks. Although South Korea was heavily hit by COVID-19 in February 2020, the Korean government and citizens showed remarkably successful control of COVID-19. The success was not because of a heavy lockdown, as China adopted in response to the Wuhan crisis. Rather, the libertarian approach that was based on citizens’ compliance, technologies, and systematic testing, tracking and treatment is a key success factor. The accumulated disaster response experiences have enabled the Korean government to realize the importance of shared information, risk cognition, and collaboration needs. The series of revisions of laws and guidelines can be seen as attempts to find a more effective way to communicate and coordinate actors in the disaster response network. Korea’s whole-community approach highlights communication and coordination rather than command and control capacity. Therefore, the most important lesson learned from Korea is that no single factor or actor can explain or underpin disaster response success or failure. The whole-community approach should be valued over the myth of the effectiveness of the strong command and control of the government-driven approach.
Lee, Gyooho, ‘Legitimacy and Constitutionality of Contact Tracing in Pandemic in the Republic of Korea’ (SSRN Scholarly Paper No ID 3594974, Social Science Research Network, 7 May 2020) Abstract: The Republic of Korea (hereinafter referred to ‘South Korea’ or ‘Korea’ interchangeably) had learned a valuable lesson from the Middle East Respiratory Syndromes (hereinafter ‘MERS’) outbreak in 2015. Hence, the Infectious Disease Prevention and Control Act of 2015 (hereinafter ‘IDPC Act of 2015’) and its pertinent ministerial ordinance newly prescribed legal basis to retrace contacts of the infected patients. It is called as ‘contact tracing.’ During the COVID-19 pandemic, the contact tracing system has come into play well. Even though the legitimacy of the contact tracing system is guaranteed under the IDPC Act of 2015 and of 2020, the constitutionality can be challenged because it may violate the freedom of the infected patients and their contacts to move and maintain their occupation, and their freedom of privacy. When there is a conflict between the fundamental rights, an upper-level one will take precedence over a lower-level one. When we take into account the pandemic of deadly COVID-19 virus, right to life, right of occupation and right to know information on the movement paths of the infected patients which non-infected persons have should take precedence over the right to move and the freedom of occupation and of privacy, of the infected persons and their contacts. However, in restricting the fundamental rights of the infected patients and their contacts, the proportionality test will be applied. Hence. there are certain requirements for legislation that restricts the fundamental rights of the nationals only by the public’s risk to those who are in contact with an infected person or to those merely suspected of being infected. All of the following must be balanced: (i) the legitimacy of the purpose, (ii) the adequacy of the method for achieving the goal, (iii) the minimum of damage, and (iv) the balance of legal interests between the public interest to be protected by the legislation and the fundamental right to be infringed.The provisions of the IDPC Act are intended to protect the health of the people. The contact tracing based on those provisions is effective and adequate for achieving the said objective. In addition, the public interest, i.e., national health, to be achieved through the provisions is greater than the limited private interests, i.e., freedom of privacy, of occupation, and of movement which can be enjoyed by the infected patients and their contacts. However, the state needs to explore whether the third requirement, which is minimization of harm of the infected patients and their contacts, has been met. In other words, the disclosure of personal information of the infected persons or their contact needs to be minimized while Article 37 (2) of the Korean Constitution is taken into account. The issue here is whether the limitations to the right to privacy, to move, and the right of religion, of the infected patients or their contacts must be provided by the IDPC Act. Even though the scope of disclosure of the movement paths of the infected patients and their contacts is advised by the KCDC’s guidelines, its legal bases are on, e.g., Articles 34 bis (1), 76 bis and 6 (2) of the IDPC Act. Also, the pandemic of a novel infectious diseases is not predictable, so that the scope of disclosure of the movement paths of the infected persons and their contacts can be different based on the type of a new infectious disease. In this context, even though the KCDC’s guidelines are not binding upon local governments, it is not fair to say that the scope of disclosure of the movement paths of the infected persons and their contacts is not groundless and unconstitutional. Taking into account the difficulty in delineating the effect of a new infectious disease and the necessity for expeditious countermeasure against it, the disclosure of the movement paths of the infected patients and their contacts is constitutional under the IDPC Act combined with those of Personal Information Protection Act despite the fact that the contents of the KCDC’s guidelines are not explicitly provided under the IDPC Act.
Lee, Sabinne, Changho Hwang and M Jae Moon, ‘Policy Learning and Crisis Policy-Making: Quadruple-Loop Learning and COVID-19 Responses in South Korea’ (2020) 39(3) Policy and Society 363–381 Abstract: This study aims to analyze how the Korean government has been effective in taming COVID-19 without forced interruptions (i.e. lockdowns) of citizens’ daily lives. Extending the theory of organizational learning, we propose the quadruple-loop learning model, through which we examine how a government can find solutions to a wicked policy problem like COVID-19. The quadruple-loop learning model is applied to explain how the Korean government could effectively tame COVID-19 in the initial stage through its agile as well as adaptive approach based on effective interactions of backstage (time, target, and context) and frontstage of policy processes mainly focusing on the initial stage until the highest alert level was announced. Based on the Korean case, this study also examines critical factors to effective learning organizations such as leadership, information and transparency, as well as citizen participation and governance.
Lee, Sang-Oun, ‘Vote-from-Home? Evaluation Framework for Election Security on Remote Voting in Response to COVID-19’ (SSRN Scholarly Paper No ID 3685381, Social Science Research Network, 2 September 2020) Abstract: This article poses a question on whether the remote voting by online or vote-by-mail is trustworthy under the COVID-19 pandemic situation. One of the worldwide efforts to contain the virus was to work-from-home and restriction orders. Besides, because of the human contact is critical in the dissemination of the virus, possibilities of alternative methods of voting such as online voting, blockchain voting, vote-by-mail are proposed. In light of such a situation, the article proposes a framework to evaluate the election security of remote voting methods. Further, the article provides a case of best practice for election administration from the case of the Republic of Korea. Based off of the assessment results from the proposed evaluation framework, the article provides modest suggestions and policy implications to the election administrators.
Lee, Sangkyu, ‘Corporate Assistance Policies for the Post-Pandemic Era: Lessons from the Global Financial Crisis’ (2022) 27(3) KIET Industrial Economic Review 56–68 Abstract: In Korea, the COVID-19 pandemic has transitioned into a different phase. Even though infection numbers are higher than ever before, the government has relaxed its anti-disease measures, such as its Distancing in Daily Life policy.1 This change in policy direction was prompted by high national vaccination rates, with 86.8 percent of the population having received a second dose of a COVID-19 vaccine and 64.7 having gotten a booster shot, as of May 14, 2022. This follows the global trend of countries gradually relaxing disease control measures. From an economic perspective, the global economy is expected to recover, which means that the Korean economy should prepare for the global bounceback and subsequent changes to the economic environment. To this end, this paper suggests firm support policies by analyzing the firms’ management activities and evaluating three stages of policy in the recovery, stabilization, and growth periods following the global financial crisis (GFC). First, this paper critically describes the structural impact of the COVID-19 pandemic on Korean firms compared to the global financial crisis. Second, in order to explore the economic recovery and development that followed the global financial crisis, this paper specifies how the firms allocated management activities at the respective stages. At the same time, this paper describes how firms evaluated corporate management related government support policies in the three stages. Finally, this paper synthesizes the analytical results and suggests which support policies should be promoted for supporting firms’ management activities.
Lin, Hsin-Hsuan and Yi-En Tso, ‘Evaluation on the Legality of Smart Technology Tracking to Prevent the Spread of Covid-19’ (SSRN Scholarly Paper No 4477389, 15 June 2023) Abstract: This paper aims to evaluate smart technology monitoring measures adopted by governments in response to the Covid-19 epidemic from a legal aspect. Internationally, preemptive measures during an epidemic are generally based on monitoring means. These may include behavioral patterns in electronic fences such as isolation and quarantine, big data epidemic investigation, epidemic prevention tracking technology and contact tracing applications. This type of data surveillance outlines a three-pointed, linear pattern of ‘digital footprint-profiling-surveillance’, and an evaluation of its legitimacy triggers the question of whether public power measures are able to balance collective security against information privacy during a state of emergency. The study addresses three major aspects designed for the discourse: (1) the use of smart technology for epidemic monitoring and prevention, (2) the legal constraints of smart technology in epidemic prevention, and (3) balancing the use of smart technology in epidemic prevention with the right to personal data protection. This paper selects South Korea, Taiwan and Norway for case study, as representative of strict controls, moderate controls, and absence of controls respectively. By drawing upon experience from other legal systems in a comparative analysis, the author hopes to show that controlling the spread of a virus and personal data protection are not a zero-sum dilemma. Finally, ideas for a mechanism to oversee and evaluate the use of smart technology in COVID-19 prevention and elimination will be presented.
Miller, Derek et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ [2021] Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Oh, Juhwan et al, ‘National Response to COVID-19 in the Republic of Korea and Lessons Learned for Other Countries’ (2020) 6(1) Health Systems & Reform Article e1753464 Abstract: In the first two months of the COVID-19 pandemic, the Republic of Korea (South Korea) had the second highest number of cases globally yet was able to dramatically lower the incidence of new cases and sustain a low mortality rate, making it a promising example of strong national response. We describe the main strategies undertaken and selected facilitators and challenges in order to identify transferable lessons for other countries working to control the spread and impact of COVID-19. Identified strategies included early recognition of the threat and rapid activation of national response protocols led by national leadership; rapid establishment of diagnostic capacity; scale-up of measures for preventing community transmission; and redesigning the triage and treatment systems, mobilizing the necessary resources for clinical care. Facilitators included existing hospital capacity, the epidemiology of the COVID-19 outbreak, and strong national leadership despite political changes and population sensitization due to the 2015 Middle East respiratory syndrome–related coronavirus (MERS-CoV) epidemic. Challenges included sustaining adequate human resources and supplies in high-caseload areas. Key recommendations include (1) recognize the problem, (2) establish diagnostic capacity, (3) implement aggressive measures to prevent community transmission, (4) redesign and reallocate clinical resources for the new environment, and (5) work to limit economic impact through and while prioritizing controlling the spread and impact of COVID-19. South Korea’s strategies to prevent, detect, and respond to the pandemic represent applicable knowledge that can be adopted by other countries and the global community facing the enormous COVID-19 challenges ahead.
Park, Jihyun, Yayuk Whindari and Ramadhita Ramadhita, ‘Legal Dynamics in Asia During the Covid-19 Era: Focus on Korean Experience’ in 4th International Conference on Law, Technology, Spirituality and Society (ICOLESS) (2021) 143–157 Abstract: The COVID-19 pandemic has had a significant impact on various aspects of human life. One of them is the change of law in many countries including South Korea. This article aims to describe the legal dynamics that occur in South Korea in handling the COVID-19 pandemic. This article is the result of doctrinal law research with a statutory and conceptual approach. The primary legal material of this study is various regulations that emerged during the pandemic. The results of this study indicate that the COVID-19 pandemic is an emergency condition that results in legal changes in South Korea. This change has been supported by the community. One of them is through an intensive communication process and information transparency.
Park, Sangchul, Gina Jeehyun Choi and Haksoo Ko, ‘Information Technology–Based Tracing Strategy in Response to COVID-19 in South Korea: Privacy Controversies’ (2020) 323(21) Journal of the American Medical Association (JAMA) 2129–2130 Introduction: Amid the global coronavirus disease 2019 (COVID-19) outbreak, South Korea was one of the next countries after China to be affected by the disease. Confirmed cases in Korea were first reported on January 20, 2020, and spiked from February 20 to 29, 2020. Instead of deploying aggressive measures such as immigration control, lockdown, or roadblocks, South Korea mounted a trace, test, and treat strategy. This was made possible by the preparations that the country had made after the Middle East respiratory syndrome (MERS) outbreak of 2015. South Korea extensively utilized the country’s advanced information technology (IT) system for tracing individuals suspected to be infected or who had been in contact with an infected person. Such measures helped flatten the curve of newly confirmed cases and deaths around mid-March. As of April 21, 2020, there had been 10 683 confirmed cases of COVID-19 in South Korea, with a total of 2233 patients who are in isolation because of hospitalization or quarantine, and a total of 237 deaths. However, important concerns have been raised over privacy involving the tracing strategy.
Rhee, Ik-hyeon, ‘The National Assembly in the Pandemic: A Temporary Ally of the Government to Combat a Stealthy Virus’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 99-118 [OPEN ACCESS BOOK] Abstract: The COVID-19 outbreak has created an unprecedented challenge in almost every sector of the world. Most countries have taken similar measures to confront the situation, but the results vary depending on each country’s legal system, the capacities of the government, culture, and experience. Performance during this critical time has left some governments with a failing grade and in some cases resulting in the replacement of some leaders of government. Fortunately, the Republic of Korea (hereinafter ‘Korea’) scored relatively high for its initial response.
Sassi, Francesco and Francesca Frassineti, ‘Chaos at the Gates: The Impacts of the COVID-19 Pandemic and Energy Price Shocks on South Korea’s Gas Industry amid Energy Transition’ (2021) 14(3) The Journal of World Energy Law & Business 190–204 Abstract: South Korea was one of the first countries to be hit by the coronavirus infections. Having rapidly contained the health emergency in the immediate period, Seoul arguably mitigated the economic fallouts more successfully than the majority of advanced economies but could not avoid substantial losses. The far-reaching fallout of COVID-19 has been testing the country’s energy transition pathway, as actors involved are facing difficult decisions amid more stringent financial constraints to deliver their ambitious targets, including achieving carbon neutrality by 2050. Amid the combined effects of the pandemic and the global energy prices shocks, addressing the nexus between energy security on the supply side, affordability, and the safety of people’s lives and property, has become even more pressing. Against this backdrop, natural gas has tailored a special role to bridge the low carbon re-alignment of the entire Korean energy system, also in the face of the current and future challenges to Korea’s energy security. But long-drawn hurdles stemming from rather unsuccessful efforts to reform the gas system risk weakening its ability to cope with present uncertainties and heightened volatilities.
Seo, Myengkyo, ‘Law-Abiding Citizens in the Age of Social Distancing: Religion and COVID-19 in South Korea’ (2023) Religion, Brain & Behavior (advance article, published online 29 Jun 2023) Abstract: COVID-19 made social distancing a necessity in the contemporary world, which helped the states establish a justification not only to frame good citizenship but also to define the ‘anti-social’ behaviors of the faithful. South Korea provides a compelling example that demonstrates how the religious are required to be law-abiding citizens in the age of social distancing. This study examines the media’s influence in framing public discourse on pandemic, religion, and citizenship, which enabled the state to initiate a new code of conduct to instruct ‘how to behave’ in Korea. Analyzing Big Data on Shincheonji Church and Sarangjeil Church, which, it is argued, caused the first and second periods of COVID-19 rampancy in Korea, this article claims that the media’s COVID-19 coverage creates the brand-new perception that religion is the most responsible for the spread of COVID-19. The legislation of the Infectious Disease Control and Prevention Law vested the government with excessive authority to limit freedom of religion in the name of the public good. In brief, the year 2020 marked the first year for Koreans to define the faithful who comply with the government’s instructions on COVID-19 restrictions as law-abiding citizens and those who oppose as anti-social citizens or criminal offenders.
Shin, Yoon Jin et al, ‘South Korea: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2023) Abstract: South Korea was affected by the spread of Covid-19 relatively early in the pandemic. Building on its previous experiences with SARS and MERS outbreaks, the South Korean Government rapidly established national schemes to curb the spread of Covid-19. This consisted in 3Ts—Test, Trace, Treatment: laboratory diagnostic testing to confirm positive cases, contact tracing to prevent further spread, and treating those infected at the earliest possible stage—and social distancing as the main pillars of its response policy. As of July 2022, the Government has kept the situation largely under control, without ever imposing general lockdown measures. However, as the implementation of social distancing for an extended period of time caused a number of concerns and social problems, including educational gaps, a lack of care services, accumulated mental fatigue, and socio-economic damage in various sectors, demands for modifying the overall direction of the response policy increased. Accordingly, in November 2021, when the vaccination rate reached its target number, the Government shifted the direction of its response policy to ‘step-by-step recovery’. However, soon after the new phase began to be implemented, the situation worsened, with an increased number of confirmed cases, a lack of hospital beds for patients in a serious condition, and an inflow of the Omicron variant. In mid-December 2021, the Government again fortified the social distancing policy and sustained it until February 2022. Vaccination began in the country in February 2021 and, as of November 2022, 87.1% (44, 699,767) of the population have received at least two vaccine doses, while 33.7 million people have received booster shots. Since the first case was confirmed on 20 January 2020, there have been 26,959,843 confirmed cases of Covid-19 and 30,413 deaths in South Korea as of November 2022. There were six pandemic waves in South Korea between January 2020 and July 2022. During the first wave from 18 February to early May 2020 (average 138.1 daily new cases), confirmed cases were mostly reported in Daegu Metropolitan City and Gyeongsangbuk-do Province. The second wave, from mid-August 2020 to November 2020 (average 142.8 daily new cases), saw frequent mass infections in religious facilities and other publicly used facilities. During the third wave from November 2020 to January 2021 (average 664.3 daily new cases), the spread became nationwide and infections between family members also increased.4 From July 2021, the fourth wave began with over 1,000 daily new cases. A fifth wave occurred in mid-January 2022, with over 50,000 daily new cases in February 2022, followed by a sixth wave in July 2022. The national pandemic alert level was elevated to the highest level, ‘Serious’, on 23 February 2020 and sustained as such since then. The nationwide Covid-19 response policy was led by the Central Disaster and Safety Countermeasures Headquarters with the Prime Minister as its head. Among central government agencies, the Korea Disease Control and Prevention Agency and the Minister of Health and Welfare were in charge of planning and managing prevention and control measures, while the Minster of Public Administration and Security assisted cooperation between central and local governments in responding to Covid19.
Susanto, Isma Novalia Firdha, Bayu Aji Satria and Sholahuddin Al-Fatih, ‘Government Legal Act Comparison between Indonesia and South Korea in Handling COVID-19 Pandemic’ (2021) 2(1) Indonesian Journal of Law and Policy Studies_ _Abstract: Coronavirus Disease of 2019 (COVID-19) with the official name of SARS-CoV-2 has been a serious emerging alert for countries around the world, which makes it a global outbreak of respiratory illness caused by a novel (new) coronavirus. Some countries did a remarkable job on flatten their COVID-19 case rate curve, the finest world reputation in handling this pandemic is given to the Republic of Korea or more known as South Korea which has amazed other world leaders wondering how Moon Jae-in, current President of South Korea, has successfully implied effective and accurate strategies in handling this world outbreak in South Korea. Asides from South Korea succeed, there are some countries who are fall way behind such as the Republic of Indonesia who is currently concerning not only in the medical sector, but the emerging economic sector is severely impacted which leaves us a solicitous feeling towards the future of our nation. In this case, a comparative study is needed to reflect on what has not yet done right. This paper discusses what sort of precise policy reconstructions should be adapted by the Indonesian government from the South Korean government’s effective strategy accuracy in handling COVID-19.
Umeda, Sayuri, ‘South Korea: Government Policies to Fight COVID-19 Pandemic’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 554–566 Abstract: South Korea’s Constitution grants the president the authority to issue orders having the effect of law in emergencies caused by internal turmoil, external menace, natural calamity, or a grave financial or economic crisis and when ‘there is no time to await the convocation of the National Assembly.’ The president did not believe the COVID-19 pandemic met these conditions in March 2020. The government has managed the COVID-19 pandemic by public health laws that endow the government with authority to allocate resources and mobilize various social actors to fight against the spread of infectious disease. The Infectious Disease Control and Prevention Act is the country’s main law for preventing and controlling epidemics of infectious diseases.
Young-Geun, Kim and Jung Minjung, ‘Disaster Management and COVID-19 Financial Support for SMEs in Korea’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 27–41 Abstract: This chapter illuminates the Korean government’s disaster management and its impacts on large swaths of the economy during COVID-19. Our study shows that Korea has implemented a convergence system that closely connects numerous stakeholders with ‘communication resilience’ in preparation for big catastrophes. However, the survey results on small and medium-sized enterprises (SMEs) and banks in Seoul and Ulsan, Korea confirms there are still limits in closing the gap between economic sector contribution and need in disaster response. Our study is the first known study that has focused on both disaster management and SMEs’ financial governance, and thus it can suggest implications for the economic resilience from pandemics.
Yun, Aelim, ‘When Precarity Encounters COVID-19: A Critical Analysis of Korean Policy Responses’ (2022) 38(4) Journal of Comparative Labour Law and Industrial Relations 487–503 Abstract: In the acute phase of the COVID-19 pandemic, Korea was considered a successful case of containment of infection. However, the employment protection response has not been as successful as the health response. Although the Korean Government has taken unprecedented fiscal measures, the hardest-hit groups including workers in non-standard employment are still the least protected. The pandemic has found countries with widespread precarious employment at their most vulnerable. Since the 1997 Asian financial crisis, the Government has promoted the deregulation of capital and the flexibilization of labour, with precarious work becoming ‘normal’. COVID-19 shows that workers excluded from labour protection before the crisis are the most vulnerable in the current crisis. Dependent contractors are not protected from termination of contract or loss of income, while employees in a comparable situation may be supported by job retention schemes and unemployment benefits. This means employers using dependent contractors can avoid employer liability in a normal situation as well as in times of crisis. While the Government attempts to expand unemployment insurance to certain groups of dependent contractors, debates over who should bear the financial burden are underway. Employers refuse to contribute to unemployment insurance for dependent contractors, arguing that they are not the employers of these workers. This article analyses how flexibilization in Korea has affected vulnerability and the segmentation of labour protection. It argues that the ‘protection gap’ among workers resulted from political choices and the strategy of capital to transfer cost-and-risks onto workers and society as a whole. These pre-pandemic political choices undermine the chances of a fair recovery. This article argues that establishing employer responsibility is essential for a human-centred recovery.
Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
Macau
McCartney, Glenn, ‘Macau’s New Gaming Legislation and Casino Post Covid-19 Recovery Considerations’ (2022) Gaming Law Review (advance article, published online12 Aug 2022 Abstract: Macau’s new gaming bill passed, signaling casino request for proposals and re-tendering approach. COVID-19 travel restrictions and lockdowns in mainland China and Macau spanning over two years have meant dramatic and ongoing casino losses. While highlighting key articles in the new legislation, this article discusses the issues of the new legislative framework helping to navigate the city to casino and economic recovery.
Matias, Célia F and Monica Chan, ‘In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.’ in Contract Law in Changing Times (Routledge, 2022) Abstract: As a result of the COVID-19 pandemic, Macau has been largely isolated from the outside world for more than two years. Despite an effective control of the virus within borders, this situation has led to a considerable strain on residents and businesses. So far, a mixture of informal adjustments and governmental incentives have prevented an influx of contractual default cases to the courts. However, as restrictive measures remain in place, more residents and business are likely to face difficulties. In this context, striking the right balance between the principle of pacta sunt servanda and contractual justice is of paramount importance, especially in long-term contractual relationships, such as rentals, which are more vulnerable to changes of circumstances over time. This chapter analyses the exceptions to pacta sunt servanda in Macau law, with a special focus on the mechanism of termination or modification based on change of circumstances and its applicability to long term contractual relationships in the context of the COVID-19 pandemic.
Moreira, João Ilhão and Rebina Zibin Li, ‘Macau Gaming Operators and the Pandemic: Corporate Social Responsibility Is Changing’ (2022) 26(6) Gaming Law Review 335–340 Abstract: Traditionally, the concept of corporate social responsibility (CSR) has been understood as difficult to reconcile with the gaming industry. However, in recent years, there has been increasing pressure in Macau for gaming operators to take a more active role in assuring the full development of the Region. The COVID-19 outbreak exacerbated the importance of CSR in Macau and provided a window into understanding the extent to which current gaming operators can be expected to voluntarily assume a role in achieving social and economic goals. By evaluating the CSR activities of the Macanese gaming operators in the 2020–2021 period, this article argues that gaming operators had a prompt reaction to the COVID-19 outbreak, which hints at the strong potential for these operators to contribute to the achievement of public policies. However, the evaluation of their CSR approach during this period must consider the proximity to the retendering process of current concessions and the discussions taking place around a revision to the Macanese Gaming Law. These arguably gave operators strong incentives to be particularly proactive in their outreach initiatives during this time.
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Wei, Dan and Muruga P Ramaswamy, ‘National Report on Macau Special Administrative Region’ in Arianna Vedaschi (ed), Governmental Policies to Fight Pandemic: The Boundaries of Legitimate Limitations on Fundamental Freedoms (Brill, 2024) 529–553 Abstract: Macau Special Administrative Region (SAR) is a jurisdiction enjoying autonomous powers under the sovereignty of the People’s Republic of China (PRC). Macau enjoys a special status under the PRC constitution and does not equate with other provinces in the mainland PRC. It is conferred with more autonomy than the states in any federated system. The pursuit for an accurate assessment of how different constitutional mechanisms seek to balance the powers of the State and the rights and freedoms of individuals has become quite compelling in the light of the COVID-19 pandemic outbreak around the world. Macau SAR being one of the world’s most densely populated place and yet successfully managing to fight the pan- demic for the past two years with no single death naturally raises the curiosity how its constitutional systems achieves a fine balance between the powers of the SAR and rights and freedoms of its people. The present report aims to examine the constitutional system of the Macau SAR to highlight how its distinct features including the inherent powers conferred upon the executive to address situations warranting prompt governmental response (like the sudden surge in pandemic threats) have helped the SAR to successfully tackle the pan- demic since its outbreak.
Malaysia
Abdul Ghani, Nur Amalina et al, ‘The Legal Impact of Covid-19 on Small and Medium-Sized Enterprises (Smes) in Malaysia’ (2022) 7(28) International Journal of Law, Government and Communication 75–96 Abstract: The COVID-19 pandemic has impulsively posed new challenges to many businesses and companies around the globe due to travel and business restrictions. COVID-19 which has been declared a pandemic by the World Health Organization (WHO) on the 11th of March 2020, which originated from Wuhan City, the People’s Republic of China has consequently crashed the downtime of the economy in Malaysia and caused a significant impact on the Small-to-Medium Enterprises (SMEs) business operation. The present study employs a mixed methodology, which includes an analysis of primary and secondary legal sources, and a questionnaires survey. The aim of this research is to identify the legal impacts on SMEs due to the COVID-19 pandemic influences on a business operation which will further assist policymakers to develop actionable policies and support the growth of SMEs in Malaysia. The government should be transparent in disseminating the post-COVID-19 data because it can be a thrust for the SMEs in planning their future agenda to ‘bounce back’ the economic sectors effectively.
Abu, Bakar Qudri Ali, ‘Management of a Law Library in Malaysia’ (2022) 30(1) Australian Law Librarian 29–33 Abstract: This article is written based on the actual working environment of a law firm in Malaysia. The author expresses the differences in law library practices compared with higher education libraries, relating to administration, library collection, and staff competencies. This article also helps graduates gain insight into a law firm library in Malaysia and its working environment. Additional discussion is included on how law firm libraries have managed their collections and users during the COVID-19 pandemic.
Ahmad, Nisar Mohammad, 'Balancing Economic Growth and Preservation of Human Rights During Movement Control Order: The Malaysian Experience in Overcoming the Impacts of Covid-19 Pandemic' (2020) 1(3) INSLA E-Proceedings 589-595 Abstract: The spread of Covid-19 pandemic across the globe has triggered many countries to implement lockdown to break the chain of infection. Malaysia, like many other countries in the world, has implemented movement control order (MCO) in various stages starting on 18th March 2020 to overcome the pandemic. During this MCO period, almost every day-to-day activity has been restricted. Employees were forced to work from home, schools and universities were closed and most business activities have also been shut down. The MCO was implemented as a reflection to the government’s role to preserve public health and the right to life of its citizen. Nevertheless, the implementation of MCO has also affected the growth of Malaysian economy. This paper aims at exploring the efforts by Malaysian authorities in balancing the country’s economic growth and preserving the public health and human rights of its citizen. For this purpose, qualitative method has been used in which various primary and secondary sources have been examined. This will explore the actions taken by the government in overcoming Covid-19 pandemic as well as to overcome the economic downturn due to this pandemic. The preliminary finding from this paper indicates that, the Government of Malaysia has played its role and discharged its duty to respect, protect, and fulfil human rights of its people while addressing the Covid-19 impact. The government has used its discretion to restrict certain rights to maintain public health. At the same time, a number of stimulus packages targeted to certain affected groups have also been introduced to help reduce the burden of economic impact due to this pandemic as well as to sustain the economic growth of the country.
Amirnuddin, Puteri Sofia, ‘Personalizing Virtual Learning for Law Students through Interactive Video Branching in a Post Pandemic World’ (Paper, International University Carnival on E-Learning (IUCEL) 2022, Innovating Education for A Better Tomorrow, Universiti Putra Malaysia, 28-30 June 2022) 559-563 Abstract: As Malaysia is entering into an endemic phase, the university students are also transitioning from online mode of learning into hybrid mode of learning. The students will continue experiencing lectures in an online platform, with in-person tutorial sessions on campus. Given the fact that the students are allowed to return to campus, hence the mode of assessment has been reverted from online open-book examinations to invigilated closed-book final examinations on campus. However, there are two concerns raised namely 1) lecturers feeling concern that there will be high failure rate that law students will not be able to perform without access to external resources during the examinations and 2) law students having lack of confidence to sit for the invigilated timed closed-book final examinations after experiencing online open-book examination for the past 2 years. Hence the objective of this research is to personalize virtual learning for the law students through interactive video branching. Video branching integrates the concept of ‘nugget learning’ where each learning outcome is delivered in a 5-minute pre-recorded video. It creates a roadmap where students are required to watch video-by-video and attempt a mini assessment at the end of each video. Students who have correctly answered the mini assessment will unlock the subsequent video and the process is repeated until the completion of all ‘nugget’ videos. Students who failed the mini assessment will be required to re-watch the video for the assessment that they have failed. This research used an online survey (accessed via Google Form link) on 60 law students at a university in Malaysia. The sample size comprised Year 2 Semester 3 students who are experiencing learning via video branching for LAW61504 Land Law I module. This research found that video branching techniques reinforces students’ understanding especially for difficult topics. The students also felt that video branching deepens their understanding and they are able to sustain their attention throughout each ‘nugget’ video. Overall, the students felt that the video branching techniques promoted higher engagement as compared to the conventional passive lectures.
Asni, Fathullah, Ahmad Yusairi Yusli and Amirah Izzati Umar, 'The Role of The Perlis State Mufti Department in Restraining Covid-19 Through Fatwas and Legal Guidelines' (2021) 10(11) International Journal of Academic Research in Business and Social Sciences 311-328 Abstract: The spread of COVID-19 has had a detrimental effect on various sectors, especially on the health sector, where it has resulted in hundreds of thousands of deaths being recorded worldwide. The spread of this epidemic has led the World Health Organization (WHO) to declare COVID-19 a pandemic. Specifically, in Malaysia, the number of infected individuals is 1.8 million cases, and the number of deaths is 17,000 cases. Various parties comprising the Federal Government and the authorities have taken various approaches to curb the spread of the COVID-19 epidemic from continuing spread. Meanwhile, in the state of Perlis, among the bodies responsible for curbing the spread of this epidemic is the Perlis State Mufti Department which is responsible for issuing fatwas for Islamic religious affairs to be followed by Muslims, especially in the state of Perlis. Based on this background, this study would like to examine the role of fatwas issued by the Perlis Mufti Department in curbing the spread of COVID-19. This study uses a qualitative approach involving a literature review covering books, journals, fatwas and related circulars. The data obtained will be analyzed using document analysis methods. The study results show that there are four official fatwas and four legal guidelines issued related to COVID-19. The study results found that all fatwas and legal guidelines issued were aimed at curbing the spread of the COVID-19 epidemic and based on strong Islamic arguments. The study ended with some suggestions for improvement after a discussion was done on the study results.
Auethavornpipat, Ruji, ‘Hate Speech and Incitement in Malaysia’ in Preventing Hate Speech, Incitement, and Discrimination: Lessons on Promoting Tolerance and Respect for Diversity in the Asia Pacific (Global Action Against Mass Atrocity Crimes, 2021) 119–158 Abstract: This chapter examines how COVID-19 not only instigates hate speech and incitement but also increases the vulnerabilities of migrants and refugees in Southeast Asia. It starts with a regional overview of public attitudes towards foreigners and refugees before narrowing down to illustrate how and why the Rohingya populations have become the target of hate speech and incitement in Malaysia. The detailed examination of the Rohingya in Malaysia is motivated by the fact that hateful remarks were expressed by online social media users as if there was a consensus among the local population. It is thus highly significant to understand such a phenomenon. The findings reveal that the global pandemic heightened public anxieties and subsequently led to the proliferation of hate speech and incitement against ‘unwanted’ foreigners perceived as intruders in the country. The situation was also significantly worsened by the wide spread of misinformation about victims of hate speech, which in turn resulted in incitement of violence.
Aziz, Norazlina Abdul et al, 'Is The Covid-19 Vaccine Halal? Revisiting The Role of National Pharmaceutical Regulatory Agency (NPRA) and JAKIM' (2021) 10(6) Malaysian Journal of Social Sciences and Humanities (MJSSH) 413-428 Abstract: The urge to be vaccinated has increased rapidly during the outbreak of the COVID-19 pandemic. Resorting vaccine products is seen as the only way to break the chain of COVID-19 spread and eventually stop the pandemic. To this dire need, many consumers face the dilemma to be vaccinated or to opt-out of the vaccination program when the safety issues of vaccine products are widely circulated. The Muslim consumers, particularly, experiences double worry on the issue of safety and halal status of the vaccine product. Due to the emergency call to have the vaccine in the market as soon as possible, the innovation and production were carried out in an expedited manner, and the necessity to have the vaccine be certified as halal was bypass. When the news on the vaccine product uses non-halal ingredients reaches the Muslim community in Malaysia, they were taken aback and demanded immediate answers from the authorities. Thus, in addressing this issue, this study intends to critically analyse the role of NPRA and JAKIM in ensuring the safety and halal status of a product with the aim of suggesting a review of the existing role. This article adopts a qualitative research methodology where interviews will be the supporting method to a library-based and doctrinal study.
Aziz, Norazlina Abdul et al, ‘Legal Concerns of COVID-19 Vaccine in Malaysia and the United States of America: A Comparative Study’ (2022) 7(SI7 Special Issue) Environment-Behaviour Proceedings Journal (advance article, published online 31 August 2022) Abstract: This study explored and compared the COVID-19 vaccines related issues in Malaysia and the United States of America to identify the adequacy of the current legal framework in ensuring effective administration of vaccines in Malaysia. It aims to consolidate the best practice adopted by these jurisdictions. This study adopts a qualitative method utilising the doctrinal study and semi-structured interview relating to the legal framework governing the role of the Drug Control Authority. The data were then triangulated and analysed using content and thematic analysis. The findings of this study may assist in identifying the loopholes within the administrative control on the vaccination program adopted by Malaysia.
Azmi, Amylia Fuziana, Nik Salida Suhaila Nik Saleh and Zaharuddin Zakaria, 'Jurisdictional Conflicts in Facing COVID-19 Pandemic: An Analysis of Hibah Cases in Negeri Sembilan Syariah Courts' (2020) 1(3) INSLA E-Proceedings 622-628 Abstract: This study investigates the impacts of the Covid-19 pandemic on the number of hibahcases brought before the Syariah Courts in the state of Negeri Sembilan. In 2020, statistic reveals that a total number of 30 hibah cases have been registered in the Negeri Sembilan Syariah Courts. Interestingly, the total number of cases registered this year has decreased as compared to 51 cases for the previous year. This study discovers that the Covid-19 pandemic has an effect on the number of registered and resolved cases pertaining to hibahin Negeri Sembilan Syariah Courts. This study recommends that electronic method such as e-proceeding to be fully implemented so as to enable the public to access the court easily. It is hoped that findings of this study will shed light on the issue of jurisdictions concerninghibahand beneficial in providing clear and precise information on the jurisdiction of the Syariah Courts in deciding hibahmatters
Azmi, Tun Zaki, 'Legal Response, Rule of Law and Judicial Developments in Times of COVID-19 Pandemic: Malaysian Experience' (2020) 1(3) INSLA E-Proceedings 7-17 Abstract: The unprecedented COVID-19 pandemic continues to take a severe economic toll and inflict considerable human suffering. Despite significant efforts coordinated at the international level by various organisations, the swift impact of the crisis has asymmetrically affected the global and local populations through continuous disruptions to daily life. Consequently, a number of COVID-19 related restrictions and security measures are introduced by governmental bodies to mitigate the short and long-term fallout ofthe pandemic. Accompanied by legal developments to enable and implement them, these authorities play an essential role in maintaining order and control to limit the impact of the outbreak. However, where governments respond with an expanded role and the compelling presence of law enforcement, the struggle to uphold the rule of law will be more apparent than ever. This speech explains whether these measures can be materialised without infringing our existing rights and rule of law within the global and the Malaysian context and canvasses the developmentson the front of the judiciary to cater to the ‘new norms’ and order.
Azrae, Ahmad Nasyran et al, ‘Discrimination Against Migrant Workers During The Pandemic: Reassessing The Country’s Obligation Under International Law’ (2022) 7(4s) BiLD Law Journal 229–243 Abstract: Migrant workers have contributed significantly to the development of the Malaysian economic ever since their first arrival in the 1980s. Over the years, the migrant workers have faced constant discrimination and exploitation, and this unfortunate event has further escalated following the the widespread of the pandemic COVID-19. The imposition of the Movement Control Order (MCO) to curb the spread of COVID-19 had force many non-essential sectors were to hibernate and/or minimise their operations. The impacts from this measure were felt more by the migrant, vis-a-vis workers. They were significantly discriminated in their works, including facing job termination, salary cuts, forced leave, etc. Their premises were raided by the authority, which were seemed to be more focusing on criminalising undocumented migrant workers, as opposed to contain the spread of COVID-19. The acts of handling the migrant workers during the pandemic have drew immense criticism, especially from the human rights societies. Accordingly, this paper examines the legal obligation required under the international conventions and the national laws in the treatment of migrant workers with a view to analyse the possible discriminatory treatment committed by against the migrant workers during the pandemic. The study uses a conventional or traditional research methodology, looking at and discussing the pertinent legislation found in the primary data (such as international treaties and local laws) and other published works in the type of secondary data, such as articles, teaching materials, and periodicals. The study finds that discrimination is an area under the human rights law which the international communities seek to combat. Several key international treaties were signed to this effect. Whilst Malaysia chooses not to participate in few international conventions to curb discrimination, the absence of anti-discrimination law and explicit legal provisions on the subject matter has left lacunae and a vague legal position in Malaysia.
Baharuddin, Ahmad Syukran et al, 'Offense of Spreading Infectious Disease and Methods of Proof Through Forensic Science' (2020) 1(3) INSLA E-Proceedings 340-350 Abstract: Since 1988, a specific Act has been enacted concerning the prevention and control of infectious diseases. This Act is known as the Prevention and Control of Infectious Diseases Act 1988. The preamble to this Act states that it was enacted to amend and consolidate laws relating to the prevention and control of infectious diseases and to provide for other matters relating thereto. In this Act, there are several types of actions that if committed can be convicted as an offense under this Act, among them include acting in a manner that can spread infectious diseases. This study discusses matters related to offense causing the spread of infectious diseases from the view of civil and Syariah law. It also covers scientific methods to prove such offense. This qualitative study has collected relevant data through primary and secondary documents and subsequently analysed it using the document analysis method. The result of this study found that the act of exposing others to the risk of infection is an offense and it is forbidden in Islam. Several scientific methods can be used in convicting this offense; among them are medical reports, travel records, physical examinations, CCTV footage, and biological examinations. This study suggests that the aspect of proof for such cases should be emphasized because such studies have not yet been conducted by previous researchers
Balasubramaniam, R Rueban, ‘The COVID-19 Emergency: Malaysia’s Fragile Constitutional Democracy’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 423 Abstract: This chapter argues that the COVID-19 pandemic triggered a formal declaration of emergency which is likely to produce lasting damage to constitutional democracy in Malaysia. The pandemic coincided with the unexpected fall in 2020 of a democratic reformist government which, in a historic victory in 2018, had defeated an ethno-authoritarian regime that had controlled government since 1957. The ensuing political uncertainty, followed by a declaration of emergency, gave the constitutional monarch, the king, legally and politically unaccountable power to determine who formed the government. While the king acted in good faith, he appointed an interim government that proved resistant to establishing genuine democratic legitimacy in Parliament. In addition, the courts were reluctant to judicially review the declaration of emergency and laws enacted by the government during the emergency, including a troubling ‘fake news’ ordinance that made it unlawful to question the king’s declaration of emergency. Finally, ideologues constructed an authoritarian re-description of constitutional legality to claim that the king’s decisions were sufficient to imbue constitutional and democratic legitimacy to political decisions that were not, in fact, based on meaningful democratic processes. The COVID-19 pandemic thereby amplified authoritarian trajectories in Malaysia likely to favour a return to ethno-authoritarian rule.
Chen, Vivien and Weitseng Chen, ‘Chinese Investment in Malaysia: COVID-19, Democracy and Beyond’ (2023) Asian Journal of Comparative Law (advance article, published online 25 January 2023) [pre-published version of article available on SSRN] Abstract: China’s rising influence in parts of the developing world has raised concerns among the US and its allies. In the wake of the COVID-19 outbreak, the provision of vaccines and aid to countries in the Global South have further heightened anxieties over the potential for diffusion of China’s ideals. China’s investments are thought to promote the diffusion of its perspectives of rule of law and democracy, posing a challenge to the global dominance of Western liberal democratic values. Nonetheless, few studies have examined how the diffusion of China’s ideals may occur through its investments and infrastructure projects in young democracies such as Malaysia whose governance and legal system significantly outperform China’s according to various global indexes. This article investigates the increasing engagement with China and the reasons for this trend against the backdrop of Malaysia’s legal and political institutions inherited from the West. It considers how young democracies like Malaysia are vulnerable to China’s influence, intentional or unintentional, through investment. The analysis sheds light on the mechanisms that give rise to such vulnerability, exploring how the electoral system and rule of law may facilitate and amplify the impact of Chinese investment, with broader implications. Shared tacit understandings, such as the instrumentality of law and the nexus between state and business, which facilitate cross-country cooperation are also examined.
Hamid, Zuraini Ab and Mohd Hisham Mohd Kamal, ‘Covid-19 Pandemic: A Demand for Malaysia to Support Refugees under International and Domestic Law’ (2022) 15(1) Journal of East Asia and International Law (JEAIL) 61–76 Abstract: The WHO reported the Covid-19 outbreak infected 486,761,597 people, involving 6,142,735 deaths worldwide as of 1 April 2022. This contagious disease has spread rapidly throughout the world, including Malaysia. Since the outbreak in Malaysia began in March 2020, the Movement Control Order (MCO) has been implemented nationwide, leaving a significant impact on its citizens, non-citizens, as well as refugees. There is some exploitation of refugees, where enforcement officers are targeting them for criminal offences. Stakeholders claimed the Malaysian government did not provide any assistance to refugees during the pandemic, including health care and economy. This article examines Malaysia’s responsibilities as a host country to refugees during the Covid-19 outbreak. The Malaysian government is proposed to continuously support refugees on humanitarian grounds based on the country’s economic development capabilities. This paper will look into the current situation of the Refugees in Malaysia; discuss the challenges that the Refugees in Malaysia are facing; analyse the legal framework governing the status of refugees; and check the responsibility Malaysia should assume as a host country.
Haron, Hafidz Hakimi, Nadiah Arsat and Muhammad Ashraf Fauzi, ‘Covid-19 Vaccine Hesitancy in Malaysia: Challenges Within the Law and Way Forward’ (2023) 31(1) IIUM Law Journal 261–286 Abstract: For hundreds of years, vaccines have been a critical tool in the prevention of viral diseases. Vaccination programmes have gained prominence as one of the primary strategies for combating the COVID-19 pandemic. Despite this, COVID-19 vaccination programmes have frequently been viewed negatively by many. This is evident by the fact that vaccine hesitancy continues to grow at an unprecedented rate which is much facilitated by the rapid growth of communication and information technology. Despite the fact that vaccines and vaccinations are considered medical products, the difficulties they present are socio-legal in nature. The study examines four major factors that contribute to COVID-19 vaccine hesitancy in Malaysia namely compulsory vaccination and adverse event following vaccination (AEFI), information disclosure, misleading religious beliefs and sentiments, and misinformation and disinformation. It should be noted that, the identification and discussion of the factors mentioned above are vital as the failure of any future vaccination campaigns resulting from vaccine hesitancy would pose a huge threat to achieve the United Nations’ Sustainable Goals (UNSDG), especially in respect of good health and sustainable economic growth. Therefore, for the purpose of this research, the paper adopts qualitative research approach to achieve its objectives. The paper recommends that the Malaysian vaccination legal framework be strengthened.
Hisham, Nik Hajar binti Nik, 'Frustrated Contracts by Covid-19 Impacts' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: This paper aims to identify the elements and rules to invoke the doctrine of frustration in contracts affected by Covid-19 Restrictions. Another objective is to determine the validity of invoking a force majeure clause as a frustrated event to discharge parties from their obligations. Next, is to examine the available remedies as based on the Contracts Act 1950 and the recently enforced Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) ACT 2020. The problem statement is whether Covid-19 Restrictions is an unforeseeable event that renders the contract to be wholly impossible to perform? The legal methodology used in this study is the Legal Doctrinal Approach derived from legal sources such as case laws and statutes and other legal sources. A non-doctrinal approach is also applied to observe the cause and effect of Covid-19 Restrictions to the performance of contracts. This study will provide the relevant rules and satisfactory conditions in invoking the doctrine of frustration to an unforeseeable event such as Covid-19 Restrictions. This study will also illustrate the possible conditions in applying Covid-19 Restrictions and other events as an unforeseeable event applicable to Force Majeure Clauses. The remedies from legislation to frustrated contracts as provided in the Contracts Act 1950 and the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) ACT 2020 will be analysed to adduce its’ applicability to frustrated contracts by virtue of Covid-19 Restrictions. The International Guidelines for force majeure clauses will be examined and extracted to determine its validity to be applied in Covid-19 Restrictions.
Ismail, Noraini et al, ‘a Legal Perspectives of the Malaysian and International Law in Combating Domestic Violence Cases During Pandemic COVID-19’ (2023) 8(52) Journal of Islamic, Social, Economics and Development 161–170 Abstract: The Covid-19 pandemic has a significant likelihood of intensifying domestic violence. This paper examines the current legal framework for women’s protection of their social rights against domestic violence based on Malaysian and international law. The analysis is based on a qualitative and descriptive cross-sectional analysis of the governing statutes, reported cases, and data gathered from the administrative authorities. The issue is also examined from the perspective of the Qur’an and the Sunnah. The research concludes that the Domestic Violence Act 1994 and Penal Code serve as the primary legal framework for dealing with domestic violence cases. However, although various international legal instruments are in place, when it comes to implementation, it remains unclear whether such facilities are being fully utilised in individual communities or not. Therefore, this issue needs to be addressed. It is proposed that the principle rights of women as outlined in the Islamic law must be strengthened in the government policies as the impact is in line with the Sustainable Development Goals (SDG) Plan (2030) in terms of gender equality, promoting peace from any violence and inclusive societies as well as communities for sustainable environment and development.
Ismail, Wan Abdul Fattah Wan et al, 'The Admissibility of Digital Document According to Syariah Law: A Preliminary Analysis' (2020) 1(3) INSLA E-Proceedings 471-480 Abstract: Major shifts in the science and technology landscape have made the collection and analysis of digital evidence an increasingly important tool in resolving crimes as well as preparing the case for the trial in the court. Digital documents are known as electronic documents and it can be used as a means of proof in court. Also, digital documents can be used as evidence in the category of documents based on the definition given in Section 3 of the Syariah Court Evidence (Federal Territories) Act 1997 [Act 561]. However, the digital document as a means of proof is still needed to be discussed in detail regarding its admissibility in the Syariah court. This is because there is no specific provision according to Syariah Court Evidence law on the use of it. This study, therefore, focuses on the concept of digital documents as evidence according to Syariah Law. This study aims to discuss from the Islamic legal perspective on digital documents as a means of proof from the holy Quran, hadith, legal maxims and acts. This study also will focus on the admissibility of the digital document as evidence in the Syariah court in Malaysia. The methodology of this study is a qualitative approach by using document analysis of article papers, journals, statutes and also related document references. The results show that the need to accept the admissibility of digital document as evidence very high, especially for use in the Syariah court. Studies show that the use of the digital document as evidence serves to support other evidence presented in court.
Jamaluddin, Siti Zaharah, Foo Yuen Wah and Mohammad Abu Taher, 'Covid-19: a preliminary assessment on the social security framework for an aged Malaysia' (2021) 1(47) Commonwealth Law Bulletin 55-71 Abstract: Covid-19 had created not only a health crisis but also a social and economic crisis. The need to control the pandemic forced the Malaysian Government to impose partial lockdown, disrupting the economic sector, resulting in hardship on the vulnerable groups. This pandemic allows the country’s social security framework to provide assistance. To ensure the vulnerable groups are continued to be protected, the government had rolled out various assistance. This article examined the existing social security framework in responding to the pandemic. It also attempted to assess the said response in order to understand the effectiveness of the social security framework.
Jamaruddin, Wahida Norashikin and Ruzian Markom, 'The Application of Fintech in The Operation of Islamic Banking Focussing on Islamic Documentation: Post-COVID-19' (2020) 1(3) International Seminar on Syariah and Law (INSLA) E-Proceedings 31-43 Abstract: FinTech is innovation, and it is developing rapidly as part of current human need dealing with financial transactions in daily life, embracing the banking industry as convenience instruments to the consumers. Adapting FinTechin Islamic banking is challenges in terms of Shariah-compliant as the essential elements of riba',maysir, and gharar prohibited from forming part of the FinTechcomponent. Islamic finance institutions in the world face problem in dealing with financial transactions as well as saviour during pandemic COVID 19, where most countries in the world are affected and declared lockdown as an emergency solution to cutthe chain of COVID 19. Concerning the pandemic crisis, problems on the operation of Islamic banking adopted Islamic Fintech need to explore, which also concerning the conduct of legal firms in managing Islamic banking documentation. The objective of this paper is to identify the application of Islamic fintech in Islamic banking, the legal framework of Islamic fintech, issues in managing the operation and Islamic banking documentation at legal firms, and analysethe suitability of Islamic fintech in the service of Islamic banking during the Movement Control Order. The methodology used in attaining the objectives is qualitative by utilizing the library as the data centre, review the journals and articles, including collecting data from books and available reports. As a result of the study, the paper suggested new norms need a new approach by Islamic finance and any legal institution since the operation heavily relies on the adherence to Syariah requirements and guidelines issued by Bank Negara Malaysia and Security Commission. The support from the government in providing an adequate legal framework for fintech's instrument to operate needs attention, and consultation among the experts is much welcome by the fintech community.
Jayabalan, Sheela, 'The Legality of Doctrine of Frustration in the Realm of Covid-19 Pandemic' (2020) 2(3) Sociological Jurisprudence Journal 84-90 Abstract: The outbreak of the novel coronavirus (“COVID-19-Outbreak”) has a potential impact in the performance of a contract. If a contract does not contain a force majeure clause, a contracting party may look to the common law doctrine of frustration to relieve it from its obligations. Unlike force majeure clauses which focuses on the parties' express intention on how to deal with supervening events, frustration is implied by law and thus would only be considered in the absence of an express force majeure clause. In Malaysia, the doctrine of frustration is codified in section 57(2) of the Contracts Act 1957. A doctrinal analogy of the doctrine of frustration and section 57 of the Contracts Act 1950 indicates a pandemic such as the covid-19 would not frustrate a contract. Force majeure clause should be used as a protective tool to prevent losses to the contracting parties or alternatively the Principles of European Contract Law and the Unidroit Principles that make provisions for hardship as well as force majeure should be implemented.
Johnson, Raine, 'A comparison of Indonesia and Malaysia's COVID-19 public health policy response' (Binghamton University, Working Papers Series No 9, 01 January 2021) Abstract: In an effort to understand why two Southeast Asian countries with similar freedom scores, religious demographics, and cultures took a different approach to the novel coronavirus, this paper identifies and analyzes Indonesia and Malaysia’s public health policies from March to May of 2020. There was a stark difference between the two government’s attitudes toward a nation-wide lockdown. Whereas Indonesia refused to implement national stay-at-home measures despite legislators and citizens’ call to do so, its counterpart adopted comprehensive, nationally mandated lockdown policies. This paper argues that Indonesia’s political elites’ denial of the pandemic threat and incumbents’ economic and religious anxieties as well as the nation’s federal institutional design dictated its lackluster policy response. Comparatively, after the resolution of Malaysia’s political turmoil, the new incumbent was enabled by the country’s federal institutional design to create effective policies that prioritized health and safety over the short-term political concerns.
Kamil, Ida Shafinaz Mohamed and Mohd Dahlan A Malek, ‘Fake News and Covid-19: Malaysian Legal Perspective’ (2024) 9(SI 20) Environment-Behaviour Proceedings Journal [unpaginated] Abstract: The outbreak of the COVID-19 pandemic has been accompanied by fake news which is as dangerous as the virus itself. Many countries have promulgated laws to combat fake news including Malaysia. This paper considered the criteria for fake news offences and the regulatory measures and non-regulatory measures put in place to counter fake news in Malaysia. Employing a doctrinal methodology, this article analyses the relevant legislations and case laws for offences and punishments with regards to fake news Based on the findings, the paper proposes an amendment in the relevant laws to combat fake news in Malaysia.
Khalil, Muhammad Ainul Hakim Muhammad et al, 'Advantages of Temporary Waqf in Combating COVID-19 Pandemic in Malaysia' (2020) 1(3) INSLA E-Proceedings 167-180 Abstract: Waqf is a form of charity which is highly recommended in Islam. In Malaysia, most of the states impose solely on perpetuity property based on Shafiᶜiy school of law view as stated in State Administration of Islamic Law Enactment and State Waqf Enactment. However, there are certain states allowed the implementation of temporary waqf such as Johor, Federal Territory of Kuala Lumpur, and Sarawak. In 2020, most of the country across the world including Malaysia are affected by deadly disease which is known as COVID-19. The World Health Organization (WHO) declare it as pandemic on January 2020. Malaysia Government has issued Movement Control Order (MCO) as a preventive measures to overcome this contagious disease. Many institutions and employment sectors are ordered to stop their operation temporarily. The negative impact of MCO affected daily life routine, public safety and security, education, and business. Thus, the objective of this paper is to study the concept of temporary waqf from the Islamic perspectives and to explore the advantages of temporary waqf in combating COVID-19. This paper has conducted inductive and deductive methods. In this qualitative research, data has been collected by using library research, observations, and interview. The result of this paper shows that temporary waqf products brought many advantages as compared to perpetuity waqf in combating this pandemic COVID-19.
Khan, Intan Nadia Ghulam, 'The New Norms for Household Solid Waste Management in Time of Covid-19: Malaysian Legal Perspective' (2020) 1(3) INSLA E-Proceedings 660-668 Abstract: Many countries, including Malaysia, have been affected by the Covid-19 pandemic which was newly discovered at the end of 2019. Malaysia is taking steps to enforce Movement Control Order starting March 2020 and, the latest is the enforcement of the Recovery Movement Control Order until the end of this year. Covid-19 poses new challenges to waste management whereby a failure in managing wastes in the time of facing this pandemic will cause adverse effects on public safety and health as well as the environment. Hence, the relevant authorities and the public should manage waste carefully and effectively. The households may generate household hazardous solid waste such as contaminated face masks or other household solid wastes during the pandemic which must be properly disposed of. By employing a library research method and interview, this paper discusses from the legal perspective, the new norms for household solid waste management in the time of Covid-19. The findings seem to suggest that the new norms in respect of the household are seen in terms of the increased practice of 3R and separation of waste and the implementation of Standard Operating Procedures in managing household solid waste by the relevant authorities. It is recommended that households should be provided with a comprehensive guideline on household solid waste management during the pandemic of Covid-19.
Krishnan, Loganathan and Wai Meng Chan (eds), The Impact of COVID-19 on Corporations and Corporate Law in Malaysia (Springer, 2022)Link to book page on publisher website
Contents:
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- Krishnan, Loganathan, ‘The Pandemic, Businesses and the Companies’) 1–19
- Chan, Wai Meng, ‘Directors’ Fiduciary Duties’ 21–41
- Balasingam, Usharani, ‘Directors’ Duty to Exercise Due Care, Skill and Diligence’ 43–67
- Krishnan, Loganathan, ‘Auditors’ Duties and Obligations in Light of COVID-19 Pandemic’ 69–85
- Wong, Wei Fong, ‘Board Meetings, General Meetings and Shareholder Activism’ 87–108
- Mah, Li Chen and Wai Meng Chan, ‘Compliance with Statutory Requirements During the COVID-19 Pandemic’ 109–130
- Isa, Yusramizza Md and Anis Shuhaiza Md Salleh, ‘State Intervention to Oblige Corporations’ Measures to Prevent COVID-19 Diffusion: A Truly Justified Matter?’ 131–149
- Geoffrey, Shanti, ‘The Effect of COVID-19 on the Capital Market’ 151–170
- Mohd Ali, Hasani, ‘Impact of COVID-19 on Corporations in Malaysia from a Corporate Restructuring and Insolvency Law Perspective’ 171–196
Abstract: During disease outbreaks, women endure additional burdens associated with paid and unpaid work, often without consideration or the alleviation of other life responsibilities. This paper draws on the concept of the triple burden in theorizing the gender divisions in productive and reproductive work and community activities in the context of disaster. Events that include famine, war, natural disaster or disease outbreak are all well documented as increasing women's vulnerability to a worsening of gendered burdens. In the case of the Covid-19 coronavirus pandemic, this is no different. Focussing on Sri Lanka, Malaysia, Vietnam and Australia, the four vignettes in this paper serve to highlight the intersections between Covid-19 and gendered burdens, particularly in frontline work, unpaid care work and community activities. While pre-disaster gender burdens are well established as strong, our analysis during the early months of the pandemic indicates that women’s burdens are escalating. We estimate that women will endure a worsening of their burdens until the pandemic is well under control, and for a long time after. Public policy and health efforts have not sufficiently acknowledged the issues concerned with the associations between gender and disease outbreaks.
Miller, Derek et al, 'Overview of legal measures for managing workplace COVID-19 infection risk in several Asia-Pacific countries' (2021) Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Mokhtar, Mohd Na'im, 'Reformation of Syariah Judiciary Institution During COVID-19 Pandemic' (2020) 1(3) INSLA E-Proceedings 18-22 Abstract: In Malaysia, the pandemic of coronavirus COVID-19 has impacted almost all areas of our life. The administration of the Syariah courts is no exception. The effects of the pandemic have been felt until now. Following the movement control order (MCO) on March18, all operations at Syariah courts nationwide have been halted. However, it did not stop the administration of JKSM and the Syariah courts which have continuously discussed, using the online platforms, to formulate reforms if the MCO was finally over. If justice delayed is justice denied, the COVID-19 would seem to be a disaster for our judicial system. But eight months into the crisis, there are signs that what is slowing courts overall is actually accelerating reforms in procedures. This is undoubtedly the hikmahor the positive side of COVID-19. When the pandemic finally ends, we hope that some of the changes that have been introduced will continue to be endured by the Syariah judicial system, and the efforts for reforms will continue.This speech explains the impact of covid-19 pandemic on Syariah judiciary, particularly on its operation and how has the institution, i.e. the Syariah courts dealt with it and the reforms that are taken in making sure the continuity of its service during the pandemic.
Nasrun, Mastika et al, 'Legal Challenges of the Covid-19 Vaccination Program: A Comparative Discourse between Malaysia and Australia' (2021) 10(6) Malaysian Journal of Social Sciences and Humanities (MJSSH) 319-333 Abstract: During the spread of the COVID-19 pandemic, many health-related industries were alarmed and pressured to innovate solutional vaccines to reduce the effect of the COVID-19 pandemic. Extra effort and lab activities had taken place in several jurisdictions to respond to the increased demand for the COVID-19 vaccine. With these attempts, various vaccines were created and entered the market. All countries designed their own COVID-19 programme in the route to combat the viruses. These countries showed their willingness to invest to secure access to vaccines. In parallel to this development, the vaccination program is bombarded with several issues such as safety assurance, equal access to the vaccine, and protests by the anti-vaccine group. The inability to address these issues will jeopardise the success of building herd immunity which is the core in eradicating COVID-19 cases. Thus, this study explored and analysed the issues and challenges to have an effective vaccination program in a battle against the spread of the COVID-19 virus. It is a comparative study between Malaysia and Australia that includes safety measures, anti-vaccine groups and access to vaccines. This study adopts a qualitative method utilising the doctrinal study on the legal framework that describes the scope and limitation of power accorded to the Drug Control Authority of the selected jurisdictions. The research activities also include semi-structured interviews with relevant authorities using online interviews. The data are analysed using content and thematic analysis. Findings to this study may assist in identifying the loopholes within the administrative control on the vaccination program adopted by Malaysia.
Nasution, Faisal Akbar and Bambang Antariksa, ‘A Comparison of Indonesia and Malaysia Legal Responses in Handling Covid-19’ (2023) 11(12) Journal of Law and Sustainable Development e2380–e2380 Abstract: This paper aims to know about COVID-19 pandemic has become a global threat and spread of the virus reaches Indonesia and Malaysia. The response to Covid-19 has been governed by Indonesia and Malaysia laws and legislation. This paper aimed at assessing why was the legal response of Malaysia more successful in handling COVID-19 than that of Indonesia?
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Omar, Habibah, S.H Indrawati and Che Audah Hassan, 'Law Enforcement Issues During Covid-19: Experience from Malaysia and Indonesia' (2021) SI6(6) _Environment-Behaviour Proceedings Journal_ Abstract: This article examines the legal issues relating to the State Administrators’ enforcement of policies, rules, and decision-making in Malaysia and Indonesia during the pandemic from the perspective of administrative law. The State Administrators have come out with various Standard Operating Procedures (SOP) that impacted the people. It is argued that administrative law can discern potential abuse by State administrators while enforcing the law. This article will examine the enforcement issues in both nations by utilizing doctrinal and comparative analysis. Consequently, some exercise of discretion of the executive can be questioned and challenged under the purview of administrative law. Keywords: Administrative law, law enforcement, administrative discretion; Covid-19 eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6iSI6.3052
Othman, Imtiyaz Wizni Aufa binti and Izyan Binti Nazim, 'Modifications to Hire Purchase Act 1967 and Housing Development (Control and Licensing) Act 1966: Protection to Purchaser and Financial Institutions Interests During Covid-19 in Malaysia' (Conference Paper, International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020) Abstract: In containing the spread of Covid-19, the Malaysian government has imposed the Movement Control Order (MCO) starting from March 2020, which led to a halt in the progress of several sectors, including the hire purchase and housing development sectors. Realising several parties' financial and legal implications due to the MCO, the government has recently enacted new legislation as a temporary measure to curb the issue. The new Covid-19 Act received two-edged feedback from the society as some claimed that the Act is just too late, and the others argued on its efficiency to help the consumers due to its lack of clarity. Thus, the question that this paper seeks to resolve is whether the new Act does protect the interest of the parties involved? To answer this, this paper analyses the modifications made to the existing Hire Purchase Act 1967 and Housing Development (Control and Licensing) Act 1966 by discussing four sub issues, namely (i) whether the relief given in section 23 forms unfair leniency against the owners, (ii) whether section 24 of Covid-19 Act is a necessary clause (iii) whether the Act protects the interest of the housing developers and purchasers because of the existence of Section 37 and (iv) whether the lack of the consequences in the event of contravention and guidelines for application limit the Act's effectiveness. Literature review methodology is applied to identify the gaps in the modification to the existing law by studying publications and news articles on the matter. By the end of the study, this paper finds that the Covid-19 Act does have the provisions intended to protect consumers but with the absence of specific provisions covering financial institutions. The saving clauses in the said modifications are found to be highly questionable and calls for analysis and amendment. This paper finds critical points within the Covid-19 Act, such as the need to study and amend the saving clauses and improving the clarity and exactness of the provisions.
Pauzi, Suria Fadhillah Md, 'Reviving Tourism Through Understanding Law' in Standard of Care Framework for Occupier during Pandemic Covid-19 (SOCO V.3): Reviving Tourism Through Understanding Law' (MNNF PUBLISHER, 2021) Abstract: The tourism industry has been impacted hard by the Covid-19 outbreak and the measures put in place to stop it spreading. Countries including Malaysia are turning to build recovery strategies in an immediate effort to support the tourism sector. Restructuring the tourist sector by creating green bubble and restoring visitor’s trust on safety in travel and tourism are among measures taking by the government in tourism recovery plan. The main objective of this product is to impart legal knowledge and awareness in tourism industry players pertaining to their obligations and liabilities in managing the influx of visitors. The novelty of this product stems from its unified legal framework, which minimises the difficulty of learning and interpreting the laws by combining the legal standard of care with the government’s most recent Standard Operating Procedures. In addition, infographics on types of visitors as recognised by law and different legal obligation to be adhered by the tourism players are integrated in SOCO v.3 to give an insight to the concerned parties pertaining to the legal liabilities provided by tort law while a checklist is offered for the parties to systematically evaluate and assess their observance to relevant rules and regulations. This unified framework can be used as a reference for tourism businesses to run their operations and avoid future lawsuits. This framework is easily marketed because it comes in the form of an e-brochure that contains up-to-date legal information on current issues during Covid19, which is a once-in-a-lifetime event. In term of benefit, SOCO V.3 provides pertinent legal information in preparing the tourism players to a soft opening while supporting tourism to survive in a new norm. Besides that, it encourages sustainable tourism by restoring visitor’s confidence through adherence to laws, regulations, and standard operating procedure by the tourism players.
Rahmana, Syed Ahmed Khabir Abdul and Saiful Akmal Suhaimi, 'The Legal Implications of Covid-19 in Malaysia: Selected Issues' (Conference Paper, (International Proceeding: Law and Development in the Era of Pandemic, Faculty of Law, Universitas Islam Indonesia, 28 November 2020, 07 January 2021) Abstract: The COVID-19 pandemic is making the world apparent by its devastating character. The pandemic has affected people physically and mentally; the court institutions and the business world are not an exception. The pandemic has undoubtedly impacted business operations worldwide, particularly in countries with a more critical scale of contagion. To help flatten the curve of infection, Malaysia has imposed an aggressive movement control order (MCO) nationwide, effective from March 18, 2020. This paper provides prospective readers on the impact of COVID-19 on the court institutions and contractual obligations in Malaysia. With the enforcement of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, also known as the COVID-19 Act, relevant provision in several statutes have been modified for temporary measures to reduce the impact of Coronavirus Disease 2019 (COVID-19) in Malaysia. This paper uses doctrinal legal research to study the impact of COVID-19 pandemic in Malaysia, mainly based on library research, whereby a qualitative analysis is adopted to assess improvements of the law in Malaysia concerning court institutions and contractual obligations amid COVID-19 crisis. This paper aims to provide information on the adaptation of court institutions and the law governing contractual obligations in Malaysia amid the global pandemic. This paper also aims to provide an overview of the measures taken by the Malaysian Government in response to COVID-19. The authors would like to acknowledge the efforts and dedication of all front liners during this COVID-19 crisis. To all those who have experienced difficulties during the pandemic, always remember you are not alone..
Saari, Che Zuhaida, 'An Early Analysis of Malaysian Law on Drone Operations for COVID-19 Pandemic' (2020) 1: Special Issue - Syariah and Law in Facing COVID-19: The Way Forward(3) INSLA E-Proceedings 50-60 Abstract: COVID-19 or Coronavirus 2019 is a contagious disease that is distressing the world today. It was first detected in mid-December 2019 in Wuhan, Hubei, China. On March 11, 2020, the World Health Organization (WHO) declared it as a world pandemic. A total of 36 237 403 cases have been reported to the WHO (as of October 9, 2020) involving 1 054 868 deaths from various countries. While the number of cases in Malaysia is 14 722, with 152 deaths. Various initiatives have been and are being made by the Malaysian government in addressing the crisis including the Movement Control Order (MCO) and Recovery Movement Control Order (RMCO). This paper discusses how drone technology has been used in assisting the Malaysian government to ease the burden of COVID-19 transmission. A special analysis is made to relevant Malaysian laws. The discussion begins with an explanation of the status of COVID-19 in Malaysia and some prevention methods that have been taken by the government. It then focuses on the role of drones in controlling the disease transmission. It provides some legal analysis regarding the use of drones in the context of restraining the spread of COVID-19 in the country. Lastly, it ends with some legal implications, recommendations and improvements. The methodology used is by analysing the Malaysian Civil Aviation Regulations 2016 and references are made to relevant news. This paper accomplishes that the use of drones in dealing with the COVID-19 pandemic is a wise and judicious endeavour which can be further enhanced in Malaysia.
Sabri, Ahmad Zaharuddin Sani Ahmad et al, 'Movement Control Order on Legal and Social Aspects: Malaysian and Indonesian Government Initiatives During Covid-19' (2020) 4(1) Journal of Law and Legal Reform 563-576 Abstract: The Covid-19 pandemic hit another grim milestone on as worldwide deaths from the disease exceeded 100,000. Many countries have enforced social distancing rules and even lockdowns in an effort to contain the spread of the virus. Malaysian Government, in almost daily bases proposed initiatives and efforts to uphold Malaysia social, economic and national stability. This article deliberates an analysis on social media sentiment index by topics mentions in Malaysian government. The Malaysian government Covid19 major initiative discuss within this article is the proposition to reopening selected business sectors during Movement Control Order (MCO). This analysis was conducted using Social Media Engagement Growth components such as likes, comments and shares. The social media platform mentions in this study include all mentions or discussion of the initiatives across all public social media, Facebook, Twitter, Instagram, Forums and blogs.
Said, Ssuzana Muhamad, Nazura Abd Manap and Zaizul Ab Rahman, ‘Exploring the Law on the Movement Control Order in Malaysia to Fight the COVID-19 Pandemic’ 16(8) Journal of Sustainability Science and Management 105–117 Abstract: This paper explores the laws enforced for the Movement Control Order (MCO) in Malaysia, which are the Prevention and Control of Infectious Diseases Act 1988 [Act 342] and its subsidiary legislations, to fight the COVID-19 pandemic. The MCO was first enforced in Malaysia on March 18, 2020. This paper aims to explore and inform the non-legal person on the legal mechanisms in Malaysia during COVID-19. This paper applied the qualitative research approach, where the methodology used was a socio-legal analysis with reference to specific legal texts and statutes of Malaysia. Legal analysis was conducted on the main law, which Act 342, and its subsidiary legislations. Information by way of secondary data was also obtained from the official website of the Ministry of Health of Malaysia and newspaper articles. It was observed and concluded that the role of law is essential in times of crisis. The MCO in Malaysia has a significant role as a preventive measure in reducing the spread of COVID-19 and to break the chain of virus infection. Non-compliance is an offence, punishable by law and upon conviction, offenders are fined or imprisoned, or both.
Shukor, Syahirah Abdul, Noor Osman and Atira Musa, ‘Governing Teaching and Learning Syariah And Law During Covid-19: Some Reflections’ in International Convention on the Basic Structure of Constitution (ICOBAC 2021)-E-PROCEEDINGS (2022) 281–288 Abstract: The unprecedented pandemic of Covid-19 not only effect the economic and administrative of the country, but it also has pushed to the closure of schools and universities. As a result, the emergence of e-learning or conducting classes via the teaching tools available online such as Microsoft team, google classroom, Zoom and Webex become so imminent to teachers and students. With pandemic of COVID-19, it seems global partnership is urgently needed with teaching and learning are done in a flexible manner by mean of distance learning using the teaching tools provided via the Internet. This article addresses the challenges faced by the university, particularly, in teaching and learning subjects of Syariah and law which need hand-on training and face-to-face lecturers and tutorials. This paper will examine the debates of protecting the public health in cases of COVID-19 as the world is still facing with the uncertainties brought by this dangerous virus. The new norms due to this pandemic introduced new practices such as no mass gathering which include no mass lecture or tutorials, social distancing and regular cleaning regime that are being addressed by the Ministry of Health to public. Hence, it begs to think how teaching and learning Syariah and Law can be materialized in this new norm? As a university which promotes integration of the concept of Naqli and Aqli Knowledge (iNAQ), a revisit to the current situation in facing COVID-19 is essential for the long-term planning of the higher education as well as short term approaches in dealing with its impact. The quality of the assessment made to the students by the lecturers are also crucial in addressing arising issues in teaching and learning during this pandemic. This paper ends with some possible suggestions in maintaining the qualities of teaching and learning of Syariah and Law in this trial time.
Singh, Premjit Singh Kolwant, ‘Analysis on Malaysian Non-Performing Loans and Financing Sale, Effects of Covid-19 and Its Legal and Regulatory Framework’ (2022) 4(2) International Journal of Advanced Research in Economics and Finance 1–11 Abstract: With Covid-19 banking and financial relief measures coming to an end, it is viewed that there will be a growth trend and change in Malaysia moving forward surrounding financial institutions behaviour in dealing with their non-performing assets including disposing their non-performing loans and non-performing financing comprising of both unsecured and secured products by way of sale and purchase to third parties. The purpose of this article is to analyse the market trends in disposing non-performing loans and nonperforming financing by way of sale and purchase to third parties in Malaysia during the last several years taking into consideration all Covid-19 moratoriums measures and relaxing on the underwriting process by financial institutions. The article will examine the prevailing legislations and regulations that governs the sale activity as well as considering the recent Financial Sector Blueprint 2022-2026. The author intends to adopt a multi-method research strategy primarily doctrinal legal research as well as qualitative research approach. This article aims to contribute to the legal fraternity and people in general with an overview of the current position in Malaysia.
Sulaiman, Siti Sarah et al, ‘The Effects of Immigrant Workers and Covid-19 Pandemic on Kuala Lumpur as A Tourism Destination: A Legal Analysis’ (2022) 12(10) International Journal of Academic Research in Business and Social Sciences 827–840 Abstract: An unfavourable truth about the immigrant population that colonised Kuala Lumpur was exposed during the COVID-19 pandemic. This phenomenon contributes to the declining ability of the tourism industry to generate revenue. Local tourists are less likely to book accommodations in tourist destinations due to the presence of immigrant colonies that have reportedly violated the COVID-19 vaccination programme, which has a detrimental effect on the tourism industry. The paper aims to analyse the problems faced by the authorities in controlling the immigrants and managing this tourist destination, especially post-COVID-19. The qualitative data were gathered through doctrinal study and semi-structured interviews, whilst a survey was chosen as the quantitative data method. Later, qualitative and quantitative data were triangulated and analysed using specific coding and themes. The study discovered that the immigrant influx in the centre of Kuala Lumpur negatively impacted the tourism industry. Other than cleanliness, dilution of local identity and safety were two significant issues requiring reformation of the existing laws. The output of this research may assist the policy maker, administrator, tourism operator and the government in identifying the proper aftermath of COVID-19 resolution tailored to the actual problem in the tourism industry.
Sureani, Nurkhairina Binti Noor et al, 'The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia' (2021) 10(6) Malaysian Journal of Social Sciences and Humanities (MJSSH) 488-495 Abstract: With the burgeoning technology, Malaysia has seen a staggering number of data breaches and data leaks within this past decade alone, with no signs of the trend decreasing. This has raised questions on whether the Personal Data Protection Act 2010 (PDPA) adequately protects the personal data of Malaysians. With the recent COVID-19 pandemic, data has been collected on a larger scale than before, with more frequent data leaks occurring. Hence, this study aims to analyse the adequacy of the PDPA by benchmarking it to the United Kingdom’s (UK) Data Protection Act 2018, which have seen a decrease in data breaches since the implementation of the new legislation. In this context, personal data refers to information processed or recorded that relates directly or indirectly to a data subject, who may be identified from the information and may include sensitive personal data. The study uses a doctrinal analysis methodology to best explore the ideas and concepts within the literature available regarding the protection of personal data. The study also employs a comparative analysis methodology by comparing the scope and application of Malaysian and UK legislation for benchmarking. The findings suggest that there are improvements to be made for the PDPA to be adequate.
Teramura, Nobumichi and Salim Farrar, 'Special Report on Online Legal Education in Malaysia, Brunei Darussalam and Singapore' (SSRN Scholarly Paper No ID 3918043, 06 January 2021) Abstract: This report compares the development of online legal education in Malaysia, Brunei Darussalam and Singapore, three quite closely linked Asian economies following the English common law tradition. Due to the outbreak of the COVID-19 pandemic in early 2020, these countries all faced pressing needs to shift their legal education to mostly online modes. In Malaysia, where the health and economic consequences of the pandemic were the most salient, universities and institutions have been struggling to deliver online teaching due to the uneven allocation of internet resources among the large population scattered across large and sometimes remote areas. Being instead small but well-resourced states, Brunei and Singapore were well positioned to weather the global pandemic and adopt online legal education. In particular, Singapore is a leader of online legal education in ASEAN, thanks to its advanced ICT infrastructures and outstanding preparedness for online teaching. Both Brunei and Malaysia can learn from the success of Singapore, to become strong players in the field of online legal education.
Tong, Xi Xian and Eng Siang Tay, ‘Relevance of MySejahtera Application in Post-Pandemic Era: Legal Regulations on Data Ownership and Privacy’ (Atlantis Press, 2022) 110–122 Abstract: MySejahtera application has been adopted by the Malaysian government since the outbreak of COVID-19 pandemic in March 2020. It is a digital tracing tool with functions, amongst others, to assist the government to monitor and control the spreading of the COVID-19 cases. Data ownership and privacy are always a controversial issue especially when the MySejahtera application was developed by a private company under corporate social responsibility. The government has assured that the data and information kept in MySejahtera application are fully owned by the Ministry of Health. From 1 April 2022, Malaysia has entered the transition to the endemic phase of COVID-19. The Ministry has further announced the relaxation of all SOPs starting 1 May, which include the doing away with MySejahtera. The recent Public Accounts Committee report discloses the selling of such an application to another private company has again raised the fear of intrusion of data ownership and privacy. This paper will address the issues on the data ownership and privacy of the MySejahtera application and discuss the relevance of continuing to use MySejahtera in daily life in the post-pandemic era. Existing legal regulations such as Personal Data Protection Act 2010, Prevention and Control of Infectious Diseases Act 1988, Communication and Multimedia Act 1988 and Medical Act 1971 will be examined in addressing the above issues. The research method used in this paper is doctrinal legal research. This paper will conclude with suggestions on the amendment to the relevant legislations to safeguard the data privacy of the MySejahtera users.
Wahab, Harlida Abdul, Siti Suraya Abd Razak and Nik Ahmad Kamal Nik Mahmod, ‘Legal Issues of Working From Home Amid the Covid-19 Pandemic in Malaysia’ (2022) 13(2) UUM Journal of Legal Studies 163–186 Abstract: Flexible work arrangements are common during the COVID-19 pandemic as a result of the movement restriction and the closure of the economic sector. Among the flexibility practices is the implementation of remote working, in particular, working from home (WFH) where employees are physically working outside and remote from their organisations. The mandated WFH has changed the working scenario without confirming whether employers and employees are prepared for this new norm. However, the WFH arrangement requires legal consideration as its arrangement needed a legal predicament. The concern over WFH must be addressed on the grounds of managerial rights and boundaries besides determining the rights of employees while working remotely. From the legal viewpoint, there is a question of whether the existing labour law in Malaysia is accommodating to the WFH practice. Hence, this paper aims to examine the employment-related matters concerning WFH practice in Malaysia on employment terms like wages and leaves, matters on safety and health, social security, and confidentiality and security of information. This study applied a doctrinal approach using authoritative legal texts in solving the legal problems that arise from WFH. The analysis of legal provisions and case studies were employed to present the benefits of the employment relationship and industrial relations in the changing employment landscape and work culture linked to WFH.
Wahab, Harlida Abdul, Nor Anita Abdullah and Asmar Abdul Rahim, 'Working Conditions of the Frontline Healthcare Workers in the COVID-19 Pandemic from a Legal Viewpoint' (2021) 22(6) International Journal of Law, Government and Communication 109-119 Abstract: The outbreak of the COVID-19 pandemic has posed a major and unprecedented challenge to countries around the world. Other than threatening public health, economic and social livelihood, and wellbeing, it causes a significant impact on the healthcare industry and the workers. Healthcare is an essential service that is paramount where its interruption would endanger the life, health, and safety of all citizens, particularly during this pandemic. Also, the healthcare industry is one of the most hazardous environments to work in while healthcare workers are the most valuable resource who are exposed to occupational risks, in particular, hazards of infectious risks. This paper aims to look at the legal protections regarding the working conditions of the frontline healthcare workers during the pandemic of COVID-19. Using a doctrinal method, specific references are made to the Occupational Safety and Health Act 1994, and relevant policies/guidelines issued by the Ministry of Health and the Ministry of Human Resources. It is understood that the working conditions of the frontline healthcare workers are entirely protected by the legislation and guided through the policies and guidelines that are generally aligned with the international standards. Hence, the law and policy devices are found to be safeguarding the healthcare workers from physical and biological hazards, as well as psychological and physiological wellbeing that become part of the working conditions of the healthcare workers.
Woodhull, Sumitra, 'Legal Analysis & Opinion – Impact of the (COVID-19) Act 2020 upon Leases of Non-Residential Immovable Property' (SSRN Scholarly Paper No ID 3847596, 17 January 2021) Abstract: This ‘Legal Analysis & Opinion’ has been written by the authors to serve as guidance for Malaysian owned and incorporated businesses engaged in the financial leasing of non-residential immovable properties with regards to the impact of the Covid-19 Act 2020 upon leases of non-residential immovable property.
Yusof, Arif Fahmi Md and Izawati Wook, 'Indigenous Peoples Living in Protected Areas: An Observation on The Impact of COVID-19 in Kampung Peta, Endau-Rompin National Park' (2020) 1(3) INSLA E-Proceedings 44-49 Abstract: COVID-19 pandemic is not only a significant threat to public health. It also has a serious economic impact on people’s livelihood including indigenous peoples or Orang Asli communities in Peninsular Malaysia even though they are living far away in rural areas, such as in protected areas. This paper aims to share our observation on an Orang Asli community in Kampung Peta, which is located at the entrance of Endau Rompin National Park, Johor, Malaysia. The research is based on apreliminaryobservation and casual conversation with the villagers in a recent visit. From our short visit to the village in March 2020, we found that even before the Restricted Movement Order (RMO) was implemented, the pandemic has impacted the livelihood of Kampung Peta people whose income are also dependent on tourism activities in the national park. With the effect of Covid-19 expected to last for years to come, it is important to ensure the policy development addresses the minority community groups who live in the rural area including the national park.
Zahari, Hariz Sufi Bin et al, 'The Feasibility of Mandatory Vaccination Program Under the Malaysian Legal Framework for Education Sector' (2021) 10(6) Malaysian Journal of Social Sciences and Humanities (MJSSH) 343-357 Abstract: The spread of the COVID-19 virus has been halted partially due to the vaccination program around the globe. However, such initiation has been actively under attack by a portion of society that believes vaccination is not the way out of the pandemic. A similar notion of anti-vaccine has slipped through Malaysia, particularly in the education sector, as they refuse to be vaccinated. This has been contributed by the lack of legal provision that regulates vaccination in Malaysia. Based on the literature and scientific data on the effectiveness of vaccination programs in curbing the spread of COVID-19, this paper aimed to weigh the legal argument on the possibility of imposing mandatory COVID-19 vaccination in Malaysia’s education sector to eradicate this deadly disease virus permanently. This paper embarked on a comparative, doctrinal analysis methodology where secondary data were collected and analysed. Literature from primary and secondary sources such as the laws, guidelines, textbooks, journal articles, government reports, newspaper articles, and online sources from multiple jurisdictions was analysed. The outcome of such analysis is laid down in a narrative design in highlighting the importance of mandatory vaccination within the education sector. This paper proposed hard and soft approaches on imposing mandatory vaccination programs within the education sectors in Malaysia is highly recommended, considering that the benefits of vaccination outweigh the risk of eradicating COVID-19 in Malaysia.
Maldives
Nasfa, Aminath and Mohammad Rauf, ‘Knowledge, Attitudes and Practice of Healthcare Law and Ethics Among Nurses: A Case Study of Indira Gandhi Memorial Hospital of Maldives in the Prospective of COVID-19 Pandemic’ (2021) 164–184 Abstract: Nursing is a profession that requires knowledge, caring, and critical thinking that has a significant impact on the life of patients (Aliyu, D., Taiwo, A, I., Omoniyi, S, O., Samaila, B, A., Adamu, A., Abubakar, A, Y, 2014). Therefore, nurses have to follow standard procedures while giving quality care to the patients. Besides, nurses must be well aware of healthcare ethics and law to prevent both nurses and patients from negative impacts (Adhikari et al., 2016) :
Rauf, Mohammad, Covid-19 Emerging Socio-Economic and Legal Trends in Maldives (Mahi Publication, 2021) Abstract: COVID-19 is a global pandemic caused by the SARS-CoV-2 virus (referred to as the COVID-19 virus) which has resulted in the cessation of vernally all the countries of the world. The economy and the society have been badly affected. Even the powerful l and developed countries have also much affected. Maldives, being a developing nation, has been the worst as it depends heavily on the tourism industry which came to total stand still after the pandemic grew. The tourism and fishery sector are not only important, but also the lifelines of the country, the process of which got badly affected with the spread of corona virus. Thus, being the accelerating factor of the country, it largely affected its progress and process of development. (See Figure- 1) . Male` was found as the worst affected for being the center of power and sociolegal activities. Thus, a little spark of corona infection was supposed to make this city to stare on her heels and in turn, the whole country. Thus, it becomes important to understand the socio-legal impact posed by the pandemic and the measures taken to avert it. Also, it is significant to know the compliance mechanism which is there to battle against the crises.
Mongolia
Daly, Tom, ‘Elections During Crisis: Global Lessons from the Asia-Pacific’ (Melbourne School of Government Policy Brief No 10, 17 March 2021) Abstract: This Policy Brief makes the following key points: (a) During 2020 states the world over learned just how challenging it can be to organise full, free, and fair elections in the middle of a pandemic. For many states facing important elections during 2021 (e.g. Japan, the UK, Israel) these challenges remain a pressing concern. (b) The pandemic has spurred electoral innovations and reform worldwide. While reforms in some states garner global attention – such as attempts at wholesale reforms in the US (e.g. early voting) – greater attention should be paid to the Asia-Pacific as a region. (c) A range of positive lessons can be drawn from the conduct of elections in South Korea, New Zealand, Mongolia, and Australia concerning safety measures, effective communication, use of digital technology, advance voting, and postal voting. Innovations across the Asia-Pacific region provide lessons for the world, not only on effectively running elections during a public health emergency, but also pointing to the future of election campaigns, in which early and remote voting becomes more common and online campaigning becomes more central. (d) Experiences elsewhere raise issues to watch out for in forthcoming elections in states and territories undergoing serious ‘pandemic backsliding’ in the protection of political freedoms. Analysis of Singapore and Indonesia indicates a rise in censorship under the pretext of addressing misinformation concerning COVID-19, and (in Indonesia) concerns about ‘votebuying’ through crisis relief funds. In Hong Kong the electoral and political system has been drastically reshaped in advance of the September elections. :
Tserenjamts, Munkhtsetseg, ‘Parliament and Pandemic: Political, Economic and Health Challenges in Mongolia’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 119-140 [OPEN ACCESS BOOK] Abstract: The government of Mongolia is operating in three directions to fight against COVID-19:
- Protect citizens’ health. The government is taking urgent measures first to protect the lives, health, and security of its citizens.
- Support citizens and companies. The government is also taking measures to support citizens’ livelihood and income; and to safeguard employment and avoid economic hardships.
- Activate economy. To support citizens and companies through budget policy, the government is implementing a sequence of measures to expand the economy, properly appropriate budget, and prioritize the financing.
Thus, let us consider the measures of the Mongolian government to overcome the COVID19 hardship and its support citizens and economy.
Myanmar
Aung, Mi Khin Saw, ‘Legal Changes in the COVID-19 Pandemic in Myanmar’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 109–121 Abstract: Myanmar conducts the request-based approach to control the COVID-19 pandemic effectively and to mitigate the economic impact. Myanmar has restricted the pandemic according to Prevention and Control of Communicable Diseases Law 1995 and has formed the different levels of Committee on Prevention, Control and Treatment of COVID 19 by Natural Disaster Management Law 2013 to manage and response the effects of COVID-19 pandemic with the issuance of orders, directions and instructions based on the advisory opinions of the think tank. The COVID-19 Economic Relief Plan (CERP) is set up to exclude the potential risks from the range of COVID-19 effects of this pandemic especially on the economy.
Liljeblad, Jonathan and Ama Doe, ‘Virulent Pandemic and Fragile Democracy in Myanmar: Complications of Covid-19 Policies and the 2020 National Elections’ (2022) 22(2) Australian Journal of Asian Law 59–73 Abstract: The spread of the Covid-19 pandemic to Myanmar posed particular problems for the country, which had an elevated level of vulnerability due to the country’s weak health system, high poverty rates, low levels of development, and weak government capacities. The country struggled to address the pandemic, with public health measures enacted in the midst of a growing surge in positive Covid-19 cases that accelerated in August and September 2020. The arrival of the pandemic coincided with national elections in November 2020. The requirement for political campaigns, voting, and polling stations occurred simultaneously with the imposition of stay-at-home orders, social distancing, business shutdowns, and travel restrictions. Studying events up to January 2021, the paper reviews and compares Myanmar’s concurrent efforts to deal with the Covid-19 pandemic and the national elections, and investigates the legal issues raised by Covid-19 strategies for the state’s management of the 2020 national elections. The analysis then assesses the significance of the Covid-19 pandemic for Myanmar’s election laws and draws implications for the country’s politics. The scope of analysis addresses events up to January 2021 and so does not encompass the 1 February 2021 military coup, but the paper offers some comments for future directions in research to address events in Myanmar after the coup.
Nepal
Aryal, Arjun, Ava Shrestha and Yadav Prasad Joshi, ‘Barriers to Occupational Health and Safety Legal Services During Pandemic’ (2025) 5(1) The Journal of Medicine, Law & Public Health 501–513 Abstract: The study identified key themes that characterise workers’ experiences in accessing occupational health and safety (OHS) legal services, as viewed by legal practitioners. These themes included limited knowledge about OHS legal service provision and procedures; perceived high cost of legal services; delay and uncertainty in furnishing justice; intent to protect one’s job, oneself, and family; authority of lawyers and health workers; the influence of family members, employer and significant others; hiding OHS problems due to potential stigmatisation, penalisation and threat; and COVID-19 pandemic-associated lockdown and travel restrictions.
Bhatta, Snigdha, ‘Revisiting Force Majeure in the COVID-19 Pandemic: A Global Perspective’ (2020) 27(July) NEPCA Bulletin 10–17 Abstract: The present paper attempts to explore the legal trajectory of the force majeure doctrine, and discuss the extent of immunity offered by a force majeure clause in light of the pandemic. It will draw distinctions between the doctrine of force majeure and the doctrine of economic hardship, legal maxims that are often used interchangeably. The paper will also shed light on whether the said immunity can be claimed when there is no force majeure clause in the contract and will do so against the background of Nepalese law, Indian law, US law and UK law.
Chaudhary, Deepak, ‘Post COVID-19 Local Government Under the Federalism in Nepal (Local Government’s Experience from Nepal)’ (SSRN Scholarly Paper No ID 3853462, 25 May 2021) Abstract: This paper aims to assess the responses of local government to the COVID-19 and discusses the prospect of local government. The study is mainly based on existing literature. Besides, the chiefs (elected) of three numbers of local governments are interviewed to support the research. The local government’s initiations during COVID-19 include testing of PCR, managing quarantines, creating awareness, and the distribution of food and relief materials to poor, vulnerable, and wage laborers from their own resources, which are admirable. Despite limited resources and fewer experiences, the role of local government in containing COVID-19 should be considered outstanding. The coordination between multi-layers of governments, the inadequacy of legislation, and limited financial transferring/subsidies, and poor governance are noticed as the major issues. After COVID-19, some reforms for the capacity building of the local government are critical.
Guri, Susma, ‘The Impact of COVID-19 Pandemic on the Legal Profession of Nepal’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 18–29 Abstract: The outbreak of coronavirus has impacted the world since November 2019 and Nepal is not an exception. Though it was weakened for a few months, it is alarmingly increasing at present. People had just started their business after the end of a three-month-long nationwide lockdown and several prohibitory orders, but the mushrooming case of the new variant of coronavirus compelled the government to break the chain of the spread of coronavirus. For that purpose, the Government of Nepal has declared prohibitory orders in Kathmandu Valley for 15 days starting from 29 April 2021 and it has already been more than a month since the order. Similarly, other districts are also in lockdown/prohibitory orders depending upon the number of COVID-19 cases. This pandemic has posed a challenge to the health sector directly, however, the curtailment of movement and services due to lockdown has not left any area, including the legal profession, unharmed. Firstly, this article has discussed the scope of the legal profession, ‘what does it include’ and ‘what not’ with a special focus in the context of Nepal. Secondly, it explores the impacts of the COVID-19 pandemic on the legal profession of Nepal and the strategies adopted to overcome such impacts. It also aims to relate the effect of such an impact on the personal growth of legal professionals. While doing so, this article also highlights the need to realize the necessity of online/digital services for the proper functioning of the legal profession. As a source of data, interviews are taken with persons having engaged in various areas of the legal profession. A random sampling method is used to approach interviewees. Besides, books, published news, articles, reports, documentaries are also taken as a reference for the study.
Khanal, Sameep, ‘Suitability of Arbitration Act 1999 as Lex Arbitri Amid COVID-19’ (2020) 27(July) NEPCA Bulletin 34–37 Abstract: Currently, world is reeling under the effect of Novel Coronavirus (the, ‘COVID-19’). The effect of COVID-19 has been felt across all sectors around the world. Due to the travel restrictions and limited mobility, the usual process of resolving dispute through onsite presence of the adjudicator/arbitrator and parties to the dispute has been rendered impractical. This has led arbitrators, arbitral institutions and legislators to identify novel method of conducting the proceedings and rendering the award. This article looks into the challenges of conducting arbitration of dispute between contracting parties pursuant to the Arbitration Act of Nepal, 1999. (the ‘Arbitration Act’). Firstly, this article will give brief outline of best practices adopted by arbitral institutions and states across various jurisdiction for facilitating arbitration during COVID-19. Secondly, it will identify the challenges faced by the parties for conducting arbitration pursuant to the Arbitration Act as lex loci arbitri on various aspects namely (a) limitation period (b)conducting proceedings and (c) rendering award due to COVID-19. Finally, this article shed light on the measures that may be necessary for expediting arbitration governed by the Arbitration Act as lex arbitri.
Kharel, Tara, ‘Local Governments in Managing COVID-19 Pandemic in Nepal: Beyond the Constitutional and Legal Limit’ (2021) 2(1) International Journal of Natural and Human Sciences 34–40 Abstract: This paper aims to analyze the constitutional and legal provision of public health in Nepal. Furthermore, this paper tries to analyze the role of local governments on COVID-19 management and tries to compare its constitutional jurisdiction elaborating the importance of the local governments in federal structure. This study tried to analyze the health-related provisions on the Constitution of Nepal, Infectious Disease Act, 1964 and the Public Health Service Act, 2018 comparing it to the practice by the local governments while fighting with the COVID-19 pandemic. The desk review research methods used in the study included the review of the literatures from different sources based on secondary sources of data collection (including media reporting) only. Firstly, this paper identifies the need of drafting a new act to control the epidemic situation. Secondly, this paper identifies the fact that the local governments are not confined within the constitutional jurisdiction only during corona virus crisis management, hence, redefining the power and authority under schedule 8 of the Constitution of Nepal is also important. Thirdly, this paper identifies that the effective role of local governments to fight COVID-19 pandemic illustrating local governments as the heart of the federalism.
Mishra, AK, Anubhav Pokharel and Aithal P S, ‘Safety Measures Implemented at Site during COVID-19: A Case from Nepal’ (2023) 8(2) International Journal of Management, Technology and Social Sciences (IJMTS) 71–82 Abstract: The situation has been unexpectedly bad with the rise of the global pandemic Coronavirus Disease (COVID-19). Construction industry has been struck with the challenges like human fatalities, decrease in labor productivity, disrupted material supply, and an unsafe working environment due to COVID. However, some of the major construction projects in the Koshi Province of Nepal were in operation even during COVID. The research aims to compare the safety measures implemented at the site during COVID-19 of Birat chowk- Ghinaghat and Kisan Chowk – Tandi – Ramite khola Road Upgrading Project. Design/Methodology/Approach: Data related to Safety Management Practices of construction projects at pre-COVID and COVID phases were collected by questionnaire survey. Data related to safety practices was collected through a checklist during field observation, questionnaire survey as well as key informant interview. The obtained data were analyzed using statistical tools such as correlation analysis and also general descriptive statistical tools and content analysis were performed. Findings/Result: The safety practices adopted during COVID, both the construction projects were found to have adopted similar measures of precautions to maintain workplace safety. On the other hand, Kisanchowk- Tandi- Ramite Road Upgrading Project seems to be less affected by the pandemic as several indicators remained neutral as compared to earlier conditions. The basic approaches such as masks, face shields, social distancing, hand washing, and sanitization were found to be practiced whereas higher preventions like vaccination for workers, and provision of COVID insurance was not practiced. This indicated that the contractor primarily focused on work completion disregarding the safety of workers at the workplace. On the other hand general safety provisions were found different on comparing the two projects as on seven studied parameters, different parameters were found to be highly differing in rank.
Parajuli, Karuna, ‘Unprepared and Unlawful: Nepal’s Continued Failure to Realize the Right to Health during the COVID-19 Pandemic’ (International Commission of Jurists, Briefing Paper, September 2021) Abstract: Extract from Executive Summary: The COVID-19 pandemic has brought immense challenges to public authorites in nearly every country in the world, and Nepal is no exception. The serious strain on scarce public resources in a difficult economic and developmental environment, gross failures of wealthier States to fulfil their obligations of international cooperation, and the incoherence of international responses must be taken into account in any assessment of Nepal’s performance in discharing its human rights obligations. This paper should therefore be understood and read in this broader context, some of which is detailed in ICJ’s September 2020 report Living Like People Who Die Slowly: The Need for Right to Health Compliant COVID-19 Responses. 1 Within this context, Nepal, like other States, has and international legal obligation to respect, protect and fulfill the right to health, obligation that is reflected and reinforced in its Constitution. This briefing paper assesses Nepal’s compliance with these and other applications human rights obligations in its responses to the COVID-19 pandemic from early 2020 through August 2021.
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.
Yadav, Dr Alok Kumar and Jivesh Jha, ‘Role of Judiciary and Social Welfare to Combat Coronavirus Pandemic in Nepal: A Study with Special Reference to India’s Epidemic Law’ (SSRN Scholarly Paper No ID 3921020, 2020) Abstract: The competent legislature of Nepal has adopted and enacted an epidemic law regime to curtail the transmission of outbreaks. However, these laws have glaring gaps. They are not comprehensive in nature. Nepal’s then king Mahendra brought Infectious Disease Act, 1964 into force to deal with the outbreaks. This one-page Act is much similar to that of India’s Epidemic Act, 1897 which discusses about the rights of the state but fails to prescribe the duties of the government towards its vulnerable citizens during the period of contagion. The 1964 Act fails to prescribe welfare functions to be carried out by the instrumentalities of the state for the welfare of the people. It means this law does not recognize the rights of the people during an outbreak. The crown’s law does not necessarily cast an obligation on the state instruments of Nepal to ensure the availability of food or compensation or financial assistance to the daily wagers, migrant labourers, informal sectors or poor and needy ones who have suffered due to unprecedented Coronavirus pandemic. Unfortunately, the epidemic law of India is also enacted in similar terms. The prevailing epidemic law regimes of India and Nepal neither direct the state to advance research on antibodies/antidotes nor do they oblige the states to set up a common forum of lawyers, economists, sociologists, biologists, bacteriologists, virologists, biomedical scientists and among other experts to devise plans and policies for crisis preparedness and vulnerability reduction.
Pakistan
Abbas, Dr Hafiz Ghulam, Dr Muhammad Asad and Muhammad Sajjad, ‘Covid-19 Pandemic and Mental Health of Persons with Disabilities: In a Legal Perspective’ (2021) 20(4) Elementary Education Online 2040–2044 Abstract: COVID-19 has a significant threat to global health, which has peculiar implications for people suffering from mental health and disabilities. Considering this issue, this research paper examines laws on persons with mental disabilities in Pakistan protecting their rights especially mental health. It addresses the main question whether the legal framework on persons with mental disabilities is sufficient to deal with present challenges. The current findings show that the current legal framework and policies are inadequate and insufficient in nature and based on the archaic and outmoded laws that do not meet the needs of modern health crises like Coid-19 pandemic. It concludes that Pakistan needs to amend laws on the subject to overcome the present challenges. The qualitative and analytical method of research has been followed.
Abbasi, Muhammad Hassan and Maya David, ‘Pandemic, Law and Indigenous Languages in Pakistan’ (2021) 11(1) IARS’ International Research Journal 10–16 Abstract: Pakistan is a multilingual state with 74 languages (Siddiqui, 2019), with Urdu being its national language while English is its official language (Article 251 of the Constitution of the Islamic Republic of Pakistan). However, the linguistic diversity, as per the law, has not been given proper status in Pakistan (Rahman, 2002). In the wake of Covid-19 pandemic, the role of medical health professionals, local police officers, media persons and educationists to create an awareness about the precautionary measures to fight Covid-19 among the indigenous communities in different regions of Pakistan is important. However, there is no practice prescribed in the law, to disseminate awareness in the local languages. Moreover, as most of the lexical items regarding the pandemic have been borrowed, the shift to local languages is more than challenging. In urban areas, indigenous communities are aware of the precautions to be taken during this pandemic as they use the mainstream languages (Ali, 2017 & Abbasi, 2019.) However, in the rural and northern areas of Pakistan this is not so prevalent. Some language activists and concerned members of the community in different parts of the state took this opportunity to educate the masses and started an awareness campaign about coronavirus pandemic in local languages (posters in local languages and short video messages on social media and YouTube). Yet, linguists and community members have not been able to work with many indigenous languages, which Rahman (2004) lists in his study, and these speech communities urgently need the required information in their respective heritage languages. Such small steps by community members and NGOs in providing necessary information in local languages suggest that proper education in the mother tongue can protect communities in times like this. The government has to protect endangered and indigenous languages by an effective law-making process that actively encourages the use of local languages and helps provide information in their respective languages in such situations as this pandemic. :
Ahmed, SheharYar, ‘Impact of COVID-19 on Performance of Pakistan Stock Exchange’ (SSRN Scholarly Paper No ID 3643316, Social Science Research Network, 4 July 2020) Abstract: The objective of this study is to determine the impact of COVID-19 on the performance of Pakistani Stock Market. This study uses the data of COVID-19 related positive cases, fatalities, recovers and the closing prices of PSX 100 index of the first half of 2020. The findings of the study suggest that only COVID-19 recoveries are influencing the performance of the index and the daily positive cases and fatalities are insignificantly related to the performance. Further studies can be performed by incorporating other variables such as economic growth, interest rate and inflation rate along with the COVID-19 related variables at a cross-country level. :
Anwar, Oves et al, ‘Cyber Surveillance and Big Data - Pakistan’s Legal Framework and the Need for Safeguards The COVID-19 Law and Policy Challenge’ (2020) 2020 RSIL Law Review 35–61 Abstract: The outbreak of the novel coronavirus has led to the adoption and implementation of new technologies to achicv public health outcomes. While useful, the mass surveillance and collection of data has resulted in heightened concerns regarding the sanctity of data rights and privacy. This paper considers the legislation which provides cover for these measures and the potential legal issues raised by their use. It recommends striking a balance between the benefits of surveillance for the protection of individual’s health with their right to privacy. :
Arif, Rabiya, Nadia Khadam and Nusrat Azeema, ‘The Online Dispute Resolution Mechanism: Legal Solution to E-Commerce Disputes during Covid-19 in Pakistan’ (2023) 1(1) Academic Student Research Journal Article 1 Abstract: Due to COVID-19, governments around the world imposed precautionary measures that restricted people in their movement, but the need for items essential for living remained there, and for the fulfillment of such needs, they quickly turned to online platforms. Pakistan has also witnessed a sudden change in consumer behavior that has accelerated the development of the e-commerce industry of Pakistan. When e-commerce transactions are taking place, corresponding disputes will also arise, so a suitable and effective dispute resolution mechanism is required that will resolve e-commerce disputes, keeping in view the ongoing pandemic situation and the Online Dispute Resolution (ODR) mechanism. ODR is the best-suited mechanism for handling and resolving e-commerce disputes because it is speedy, easy, inexpensive, and capable of providing adequate remedy and does not require physical interaction between the parties in dispute. Hence ODR mechanism needed to be established and enforced in the judicial system of Pakistan. The research studies the ODR from the perspective of a doctrinal research approach.
Aziz, Jamal et al, ‘Inter-Provincial Coordination and Planning on Healthcare in Pakistan The COVID-19 Law and Policy Challenge’ (2020) 2020 RSIL Law Review 63–94 Abstract: The SARS-CoV-2 (COVID-19) outbreak has highlighted the need for better inter-provincial coordination and planning within Pakistan’s devolved system of Government. The devolution of certain powers to provincial governments through the 18th Amendment has had a significant impact on Pakistan’s healthcare management systems. This paper explores the challenges of governance, service delivery, health information and policy coordination at federal and provincial levels. :
Aziz, Jamal, Hira Arif and Noor Fatima Iftikhar, ‘The COVID-19 Law and Policy Challenge: The Future of Global Health Law and Pakistan’s Potential Role’ (2020) 2020 RSIL Law Review 95–125 Abstract: The management of the novel coronavirus has raised key questions regarding whether the international healrh law regime is able to adequately handle an outbreak of this magnitude. The structure and framework applicable to the international health law as well as the World Health Organization’s constitution will be explored in this paper. The criticisms heaped on to the WHO and this framework for being ineffective and unable to deal with this outbreak will be considered. The paper will also identify ways in which the regime may be improved to effectively counter pandemics and other health emergencies, and will contextualise this within the ambit of Pakistan. :
Aziz, Jamal, Ayesha Malik and Noor Fatima Iftikhar, ‘Public Health vs. Individual Privacy in the Age of Cyber Surveillance The COVID-19 Law and Policy Challenge’ (2020) 2020 RSIL Law Review 10–34 Abstract: Cyber-surveillance is increasingly being used by desperate governments seeking to curb the rising figures of those infected with coronavirus. States are investing in and rolling out smartphone apps to track citizens’ rnovements, trace locations and map outbreaks in a bid to tackle COVID-19. While not without its benefits, the proliferation of cyber surveillance raises important concerns regarding health rights and privacy of ordinary citizens This paper explores these concerns and the legality of iese measures as well as the issues with their particular application in the Pakistani context, :
Haris, Isaam Bin et al, ‘Pakistan: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021) Abstract: As of 4 April 2021, Pakistan has reported a total of 692,231 cases of Covid-19, resulting in 14,821 deaths. The pandemic has comprised four waves since March 2020, with the first peaking in mid-June 2020 and accounting for the highest number of deaths. A second wave hit the country in early November 2020 but quickly abated by January 2021. The third wave lasted from March 2021–May 2021, and the country is presently in the midst of a fourth wave which started in July 2021. The underdeveloped healthcare system in the country was overwhelmed during the first wave with an acute shortage of hospital beds, oxygen tanks, and ventilators reported in the provinces of the Punjab and Sindh, which collectively account for more than two-thirds of the total infections. While the provinces do enjoy constitutional competence and autonomy over public health, sanitation, and hospitals, they have been working together with the Federal Government to develop a unified response and have thus far managed to enhance their existing capacities during the pandemic. The third wave challenged these enhanced capacities but the country managed to overcome it after imposing wider and stricter public health measures to relieve the added pressure on the healthcare system.
Iqbal, Ayesha and Amjad Iqbal Falak, ‘COVID-19 Epidemic in Pakistan: Review on Precautionary Measures (Law Policy, Governance) and Impact on Pakistan’ (2022) 3(3) International Journal of Economics Development Research (IJEDR) 236–244 Abstract: The COVID-19 pandemic has ruined the worldwide economy. The study intended to evaluate the pandemic effects on the Pakistan economy, openly emphasizing economic growth and poverty alleviation and the efforts take to control pandemic in the country. The investigation discovered that the pandemic affects the financial development of the country, and the measure taken by the official though their policy law and good governance are the good initiatives to decrease pandemic effect in the country.
Khan, Muhammad Danyal, Muhammad Mumtaz Ali Khan and Imran Alam, ‘Dealing Anti-Vaxxers; Legal Framework to Deal the COVID-19 Immunisation Hesitancy in Pakistan’ (2021) 12 Pakistan Journal of Social Issues 171–180 Abstract: The COVID-19 vaccine has been administered to the majority of population through governmental initiatives. Keeping in view the polio vaccine hesitancy and challenges, the government of Pakistan needs to deal with the COVID-19 immunisation hesitancy. There are numerous reasons for uncertainty about the vaccine that included religious misinterpretations, fake-news, socio-cultural conservative ideas, and lack of understanding about the progress within the therapeutic sciences. Owing to the challenges of vaccinating the entire population effectively, the authorities of Punjab, Pakistan have adopted a new law to conduct the immunisation campaigns in Pakistan. This paper will analyse the efficacy of the new legal framework to deal with the expected issue of vaccine hesitancy in Punjab, Pakistan. :
Khoso, Abdullah and Ahmad Hilmi Mohamad Noor, ‘Migrant Workers in Malaysia: COVID-19’s Impact on the Rights of Their Children and Siblings in Pakistan’ (2021) 29(2) International Journal of Children’s Rights 475–495 Abstract: With the help of narratives of migrant workers in Kuala Lumpur, Malaysia, this article seeks to understands the impacts of the COVID-19 (known as the 2019 novel coronavirus) pandemic on the rights of their children and children’s siblings in Pakistan. The pandemic impacted the flow of remittances to their families, which further impacted children’s right to education, livelihoods and food. They also revealed that the pandemic had impacted their children’s right to protection, play and development. Children had lost the freedom to play and go outside, socialise and learn. Migrant workers’ children and siblings with limited financial support should have been provided with adequate financial and social security support by Pakistan, but they were not. They also revealed that during the pandemic, children were also regular victims of harsh treatment and physical abuse by adult family members, reflecting the exacerbation of issues of breaches of their fundamental right to protection and emotional integrity. :
Noor, Muhammad Nouman and Farah Haneef, ‘Threat of Crimes Related to Robbery During COVID-19: Special Focus on Pakistan’ (SSRN Scholarly Paper No ID 3830792, Social Science Research Network, 20 April 2021) Abstract: Corona virus which is also called as COVID-19 outbreaks first time in Wuhan, city of China in December, 2019 and then spread all over the world. Currently, it is also declared as global pandemic by World Health Organization (WHO) as not even a single country of world is left which is safe from this disease. As per International Labor Organization (ILO), this global pandemic can cause different threats on the population like hunger, unemployment and financial cries. These crises may cause increase in crimes like robbery. In this paper we have discussed the facts and figures about the threats caused by COVID-19. We also elaborated the threat of crimes like robbery and discussed some technological preventive measures like Drones, Intelligent CCTV Cameras, Central Command & Control Centers and Artificial Intelligent Sensors which can be adopted to stop the robberies during the pandemic as Police will be mostly dealing to ensure check and balance of SOPs developed for stopping spread of corona virus. :
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023)
Link to book page on publisher website Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan. :
Wahid, Braira, ‘Forensic Casework Analysis and Legal Challenges during the Coronavirus Disease 2019 Global Pandemic: An Update from Pakistan’ [2020] Medicine, Science and the Law (advance article, published 9 August 2020)
Waseem, Zoha, ‘Policing COVID-19 through Procedural Informality in Pakistan’ (2021) 31(5) Policing and Society 583–600 Abstract: How do police officers respond to public emergencies in developing countries where state institutions struggle to protect citizens and officers alike? This paper investigates police response to the COVID-19 crisis in Pakistan and develops an analytical framework of ‘procedural informality’, a condition whereby state policies are constructed and conveyed to state officials with the tacit acceptance that these are likely to be implemented through informal practice. Procedural informality, therefore, is central to official state practice. It is argued that procedural informality manifested itself in Pakistan during the COVID-19 pandemic in three ways: (1) due to a lack of support from the government, it enabled officers to rely on interpersonal connections within the private sector; (2) intra-organisationally, it forced the police to make hasty decisions due to contradictory policies that strained the workforce, but also allowed it to creatively manage demand; and (3) it compelled the police to respond to non-compliance with a heavy hand, whilst equipping them to protect vulnerable communities and maintain individual relationships. In this way, procedural informality enabled the police to try to meet demand with flexibility, which was encouraged and expected by those interacting with the police. Procedural informality moves beyond the formal-informal dichotomy to show how informality facilitates the implementation of formal policy goals, and the operations of street-level bureaucrats, especially during a crisis. This paper contributes to debates on informality within state institutions and in state practice, while providing empirical insights on police response to COVID-19 from a developing country. :
Wickramaratne, Jayampathy, ‘Doctrine of Necessity: Stumbling Against the Same Stone in Pakistan - A Mistake Not to Be Emulated in Sri Lanka’ (SSRN Scholarly Paper No ID 3598986, 12 May 2020) Abstract: The doctrine of necessity was first expounded as a criminal law principle: ‘that which is otherwise not lawful is made lawful by necessity’. Dangers of applying the doctrine in constitutional law were seen in Pakistan where several military coups were validated using it. In Sri Lanka Parliament was dissolved on 02 March 2020. As elections have been postponed due to the COVID-19 pandemic, Parliament will not be able to meet before 02 June, within the maximum period of three months permitted by the Constitution for the country to be governed without Parliament. The country being governed without Parliament means in effect that it would be governed only by the President, without the institution to which the he is constitutionally accountable functioning. The dissolved Parliament can be recalled in several ways: (1) withdrawal of the Proclamation of dissolution; (2) declaration of an emergency under the Public Security Ordinance which will trigger the summoning of Parliament; and (3) summoning of Parliament by the President without recourse to the said Ordinance in an emergency. That there is an emergency situation today cannot be denied. However, it has been suggested that the country can go on without Parliament by invoking the doctrine of necessity. This paper argues that where there are alternatives possible under the Constitution, the doctrine cannot be invoked. In any case, learning from the Pakistani experience, Sri Lanka should not use the doctrine in matters of constitutional law.
Philippines
Atienza, Maria Ela L, ‘The Philippines under Lockdown: Continuing Executive Dominance and an Unclear Pandemic Response’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 445 Abstract: The Philippines has to date had one of the world’s longest lockdowns and states of emergency in response to COVID-19 and yet also had the second highest COVID-19 caseload in Southeast Asia as of July 2021. The Philippine government responded to the pandemic by declaring a state of public health emergency and placing the whole country under a state of calamity in March 2020, while Congress passed two laws that gave the president limited emergency powers to address the pandemic. These are consistent with the 1987 Constitution and other laws. However, the use of these emergency powers led to greater executive dominance, with Congress not maximising its oversight functions and the judiciary, already weakened before the pandemic, and struggling to function during it. In addition, the ineffective, punitive and top-down response of the executive branch to the pandemic led to more COVID-19 cases, violation of citizens’ rights, unequal treatment of different social groups and harassment of citizens and groups alleged to be critics and enemies of government. However, community-based initiatives of citizens, groups and local governments also addressed the pandemic and its effects.
Bekema, Jaye de la Cruz, ‘’ [2021] Third World Quarterly (advance article, published 3 May 2021) Abstract: Using first-hand data collected from interviews with 21 coronavirus disease (COVID-19)-positive participants in a public quarantine facility in Quezon City, the largest city in the Philippines, this research aims to uncover the ways in which features of the neoliberal agenda shape experiences of resource-poor COVID-19 positive individuals, influence the decisions they make, and mediate their interactions with actors in relative positions of advantage and power. The first part and second part lay the foundation for neoliberalism as the main lens of analysis and situate this current conjuncture within the Philippine political economy. The third looks at COVID-19 testing, and how testing is accessed and experienced by the participants in public health settings. The fourth part examines quarantine arrangements and explores the experiences of COVID-19 patients in a public quarantine facility from the point of entry until they are allowed to go home. The last part – drawing on the data of the first and second parts – reflects on the aspects of neoliberalism that impede an inclusive, pro-poor and humane response to the pandemic.
Berse, Kristoffer B, Kirsten Lianne Mae C Dedase and Lianne Angelico C Depante, ‘Autonomous Adaptation and Governmental Responses to the COVID-19 Pandemic: Exploring the Resilience of Micro, Small and Medium Enterprises in the Philippines’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 55–78 Abstract: This study frames the COVID-19 pandemic’s impact on Philippine micro, small, and medium-sized enterprises (MSMEs) from the lens of resilience, while discussing the various types of support that MSMEs have received from government agencies and public and private banks. Using data from a small-sized survey involving managers and workers, it explores the issues, needs, and responses that MSMEs have encountered. Preliminary findings reveal limited stimuli to ensure MSMEs’ survival. To cope with the disruption, most reported adopting adaptive mechanisms. The paper ends with a discussion of policy recommendations and future research directions to further explore and strengthen MSME resilience.
Bondoc, Audrey Shane, ‘Cybercrime Prevalence during COVID-19 Pandemic and Psychological Effects and Impact of Pre-Trial Publicity: A Review of Ronnel Mas’ Case’ (SSRN Scholarly Paper No 4532255, 10 June 2020) Abstract: The aim of this case study is to explore Ronnel Mas’ Case to identify and analyze the prevalence of cybercrimes during the COVID-19 pandemic, and the psychological effects of pre-trial publicity of crime suspects through media in-relation to Mas’ Case. The pre-trial publicity of the accused who is not yet convicted by the court causes higher chances of an adverse effect to the accused’s mental health and fair trial. The accusation that Mr. Mas has faced, also exhibited the lapses of the criminal justice system, specifically the law enforcement. Thus, strict observance of laws, rules and criminal procedure must be adhered at all costs to prevent violations in order to have proper, fair and impartial proceedings ensuring the maintenance of the rights of the accused. Moreover, the sense of responsibility of a citizen towards social media must always be applied.
Cahapay, Michael, ‘Senior Citizens during COVID-19 Crisis in the Philippines: Enabling Laws, Current Issues, and Shared Efforts’ (2020) 9(1) Research on Ageing and Social Policy 1–25 Abstract: While the COVID-19 crisis has affected people of all walks, there is an unheard side of the vulnerable aged group across the globe. This article discusses the condition of senior citizens in the Philippines during the COVID-19 crisis. The review showed that various enabling laws through the constitution, republic acts, and executive orders, have been enacted to secure the welfare of senior citizens. However, the current crisis has revealed ageism issues such as deprivation of income sources, inaccessibility to essential needs, inadequate physical space, and spoken negative perceptions. Shared efforts have been focused to improve social pension payout, guidelines for mobility, different approaches of remote access to goods and services, and meaningful internet connectivity within the context of the senior citizens. This paper suggests the need to translate the laws into effective programs, discuss related ageism issues with sensitivity, and consider evidence of successful international efforts to further improve the condition of the senior citizens in the country.
Cordisco Tsai, Laura, Jonna Eleccion and Ankita Panda, ‘Impact of the COVID-19 Pandemic on Survivors of Human Trafficking in the Philippines’ (2021) 6(2) Journal of Modern Slavery 231–246 Abstract: Pandemics disproportionately devastate those who are most vulnerable, including people who have experienced human trafficking. While numerous stakeholders have raised concerns regarding the potential effects of the Covid-19 pandemic on trafficked persons, very limited research exists documenting the effects of Covid-19 upon survivors. To understand the crosscutting impacts of the Covid-19 pandemic upon human trafficking survivors, we must first listen to survivors themselves about how their basic safety, security, and health have been affected. We present findings from a rapid assessment conducted with human trafficking survivors in the Philippines regarding their experiences, needs, and priorities during the Covid-19 pandemic (n=233). Results of the rapid assessment revealed four primary concerns and priorities from the perspectives of survivors: food insecurity, loss of employment, mental health concerns, and an escalation in crisis incidents, with greater impact reported among those trafficked for sexual exploitation. Findings reinforce the need to broaden definitions of safety and facilitate emergency interventions that prioritize the most urgent needs articulated by survivors themselves.
Eisma-Osorio, Rose-Liza, Hansel Jake B Pampilo and Ma Nikka Andrea F Oquias, ‘The Shifting Power Dynamics between the Philippine Congress and the President in the Time of the SARS-CoV-2 Pandemic’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 163-183 [OPEN ACCESS BOOK] Abstract: This paper looks at three main points: first, the measures implemented by the government to combat the virus; second, the role of different agencies and how they function in terms of decision-making and implementation; and lastly, the probable existence of a systematic marginalization of the legislative vis-à-vis the Executive Department in the areas of its responsibility, thus, redefining existing legal norms.
Estrañero, Jumel and Maria Kristina Siuagan, ‘Fulcrum of International Negotiation: Strategic Stakes and Consequence of China, SARS-CoV-2, and South China Sea Dispute in Global Security Order’ (SSRN Scholarly Paper No ID 3590094, 1 May 2020) Abstract: The current Sars-CoV-2 (COVID-19) has been challenging the global security order in unintended negotiation whether to maintain or revamp the status quo of global security order. From the onset on COVID-19 since the last quarter of 2019, it has already presented negotiators with new rules and new players even from the unexpected actors. The pandemic has not only wrecking havoc the economic tendencies of each state but it has definitely showing many parameters of negotiation which have remained fairly constant through the transition (crisis, collation building, mediation, issue linkages, and related factors and indicators). The determination of national interest has been greatly complicated for governments, democratic and non-democratic alike. For the democracies of the world, diplomatic agenda setting is highly subject to strong domestic pulls; for the non-democracies, deliberations are clearly influenced by international and public opinion. In the contemporary process, it is also clear that culture and identity play greater roles in shaping negotiation positions and moves, as manifested in the application of new techniques such as culture-based mediation and track-two facilitation.
Florendo, Carlos Enrico, ‘Disease Risk Management in the Philippines: An Institutional Solution’ (SSRN Scholarly Paper No ID 3869590, 18 June 2021) Abstract: The Philippines has recorded over 1.3 million COVID-19 cases, with around 59 000 being actives cases and over 23 000 casualties as of June 17, 2021. With only a little over 1 percent of the population being fully vaccinated and daily recorded cases trending upwards, the government’s pandemic response is continuing to prove lacking. This short research note evaluates the COVID-19 response of the Philippine national government, enumerating key weaknesses in the policy-making process. Based on the weaknesses identified, the research note recommends an institutional solution, specifically the creation of a permanent organization mandated to manage public health crises brought about by infectious diseases, to guarantee a sustained, consistent, and competent disease risk management for the current COVID-19 pandemic and other future threats.
Jones, Clarke R and Raymund E Narag, ‘Reducing the Dangers of COVID-19 through Shared Governance in a Philippine Jail’ (2021) 33(1) Current Issues in Criminal Justice 120–125 Abstract: The Covid-19 pandemic poses a grave threat to the welfare of detainees and personnel in correctional facilities worldwide. This is especially true in jails and prisons with acute problems of overcrowding, such as in the Philippines, where the congestion rate hovers around 463%. This article documents shared governance practices in Manila City Jail Male Dormitory, the Philippines’ most populous jail. Despite limited space and resources, jail personnel and detainees cooperatively addressed the pandemic threat. Using interviews with jail personnel and detainees, and a review of social media postings and official internal reports, we document the varied manifestations of shared governance. Specifically, jail personnel and prisoner leaders cooperated by disseminating information, crafting policies, identifying makeshift quarantine areas, assigning prisoner medical staff, and instituting discipline. The shared governance approach entails addressing the Covid-19 crisis as community and family, where prisoners actively take part in identifying, reporting, and addressing problems. While other jails and prisons in the Philippines experienced Covid-19 infections and social tensions within their facilities due to restrictive protocols, the Manila City Jail Male Dorm experienced no infections or violent incidents. Implications to theory and practice of jail governance, especially in periods of public health emergency, are discussed.
Juan, San and David Michael, ‘Reviewing Rice Tariffication in the Time of COVID-19: Rationale and Road to Rice Self-Sufficiency in the Philippines’ (SSRN Scholarly Paper No ID 3582210, 19 April 2020) Abstract: This paper presents a literature-informed and data-driven critique of the Rice Tariffication policy in the Philippines, in the time of the COVID-19 pandemic that has already disrupted rice supplies and hiked rice prices globally. Gaps in the surveyed literature are complemented by discussing the rationale of rice self-sufficiency in an increasingly volatile, uncertain, complex & ambiguous (VUCA) world, and outlining a roadmap to rice self-sufficiency bolstered by practical policy recommendations to bring the law closer to the Philippine State’s declared policy, which is ‘…to ensure food security and to make the country’s agricultural sector viable, efficient and globally competitive.’
La Viña, Antonio GM, ‘Change and Continuity: COVID-19 and the Philippine Legal System’ in Suresh Nanwani and William Loxley (eds), Social Structure Adaptation to COVID-19: Impact on Humanity (Taylor & Francis, 2024) 140-148 [OPEN ACCESS E-BOOK] Abstract: The Philippine government under the Duterte administration fit squarely into the “strong man” category. Thus, it was no surprise and exactly as expected when its approach during the pandemic was of the same kind. The government “fought” the pandemic the same way it fought the drug war – through brute force. However, looking now with a retrospective gaze at the government’s response, we can see that the strongman approach may not have been the best. Through the lens of the law, we must review what was attempted, what was experienced, and what lingers on in Filipino society. Was the law used efficiently, effectively, and empathetically? Was the government’s hard stance effective or a failure?
Lee, Christopher M et al, ‘Assessment on the Effectiveness of Universal Health Care (UHC) Law in the Philippines during the Covid-19 Pandemic: An Analysis’ (27 January 2023) Abstract: The Philippines Universal Health Care (UHC) Law are indeed one of the public policies that are considered mandatory towards our health care interventions and primarily concern with the basic healthcare problems like the Covid-19 Pandemic that strikes the Philippines last 2020-2022, and the healthcare services towards Filipinos. It likewise gives us healthcare assistance on both rural and urban facility conveniences. The construction of the research article is to give importance to UHC Law, and how these public policy help us to improve our healthcare systems and services. Because, If we talked about personal health, many people may agree that Health is wealth, and Health must be prioritize among us. Meanwhile, the research limits possible circumstances during the progress of the study article. These may discuss in the latter part of the article. And as for the future and potential researches about UHC Law, many people may agree that searching for different healthcare improvement, services and proposed research suggestions always depends on the economic stability and healthcare progress of one nation. That is why the completeness of the research study may set future guidelines and recommendations.
Miller, Derek et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ [2021] Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Ramos, Vincent Jerald et al, ‘Are Militarized Lockdowns the Great Equalizer? Evidence from the Philippines’ in Aleksandar Stojanović, Luisa Scarcella and Christina R Mosalagae (eds), The First 100 Days of Covid-19: Law and Political Economy of the Global Policy Response (Springer Nature, 2023) 55–85 Abstract: Robust state capacity enables governments to effectively respond and adapt in crisis situations. But in the Philippines where state capacity is relatively weaker and democratic institutions are more fragile, what tools have been used to respond to COVID-19? This chapter illustrates the militarized lockdowns that the Philippine government imposed in early 2020 as a containment and control measure. These lockdowns were shaped by both weak state capacity and crisis managers with authoritarian tendencies, led by a ‘strongman’ head of state. While expansionary fiscal spending during the lockdown was indeed unprecedented, this chapter argues that these were insufficient to prevent the pandemic from disproportionately affecting some groups. Lockdowns did not seem to be a great equalizer as some claim, as sectors such as tourism and retail and demographic subgroups such as the youth have been more adversely affected. Post-pandemic strategies must institutionalize crisis response mechanisms—these provides the Philippines the tools to appropriately manage future crises.
Salcedo, Emily Sanchez, ‘Work from/for Home: Recommendations to Ease Post-Pandemic Multiple Burden on Women’ (SSRN Scholarly Paper No ID 3875087, 12 June 2021) Abstract: According to a 2019 UN report on women’s progress, women generally spend an average of 4.1 hours/day on unpaid household and care work compared to 1.7 hours/day for men. Such pre-pandemic statistics saw an exponential rise as COVID-19 swept the globe starting in early 2020. The situation is no different in the Philippines where the pandemic magnified not only the unpaid household and care work experienced by women but also exacerbated gender-based violence. This paper discusses how working women in the Philippines are burdened not only by the so-called second shift (Hochschild, 1989) but also by a more nuanced third shift (Kramarae, 2001) as they juggle the demands of work-from-home arrangements with their family responsibilities while navigating online education for themselves and their children in the midst of the pandemic.
Sucgang, Justin, ‘Tipping Point: Will the Pandemic Mainstream Online Learning in Philippine Legal Education?’ (2020) 93 Philippine Law Journal 183–197 Abstract: PART I of this essay argues that the pandemic is not and will not be the tipping point to the system-wide acceptance of online legal education. On the other hand, the aspect of legal education to which online learning will most likely have a significant effect is presented in PART II. COVID-19 significantly disrupted the Philippine legal education system, forcing even the traditionalists to consider online learning. However, no amount of watering will make a plant grow in infertile soil. With the kind of system currently in place, with the actors, philosophy, and focus dominating therein, and with the hard and soft infrastructure within its reach, online legal education will not be part of the mainstream law school pedagogy—despite the pandemic. And it will not be a legitimate and effective alternative to the prevailing teaching strategies among Philippine LEIs—in spite of its potential.
VillaFuerte, Giovanni Solano, ‘An Assessment of the Impact of Trust and Rule of Law Based on the Legal Framework of the Philippine Covid-19 Response in Engaging Filipino Citizens’ (Master of Public Policy, KDI School of Public Policy and Management, 2-21) Abstract: If there is one thing that the Philippine government prioritizes at present among other things, it is obviously to fight COVID‐19, for this pandemic not only takes away lives literally but more importantly, it made the whole world stand still: schools are closed for face‐to‐face classes, people working from home, malls and theme parks closed, no bars and other places of recreations were allowed to operate, people would just go out to buy essentials. This pandemic caused a world crisis that is greatly manifested in the countries whose economies went into recession, and these include the Philippines. It would then be obvious that for nations to rise again is for them to fight COVID‐19, but how can this be possible if there is a shortage of vaccines and no cure is in sight. The only doable thing that people can do is to stay alive and survive, either by staying healthy and strong and living with COVID‐19 around or simply to stay away and prevent themselves from getting infections. The latter seems easier, but why then is there still an increase in the number of instances of this virus that has been confirmed in the Philippines despite being a world leader in COVID‐19 protocols compliance (Esguerra, 2020; Imperial College London, 2020)? Do Filipinos follow the rules imposed by the government when it comes to COVID‐19 protocols because they trust4 the government? Or are they just doing things because of the rule of law5 ? What is the impact then of the level of trust and rule of law in engaging the Filipinos to do what is supposed to be done then?
Singapore
Abdullah, Walid Jumblatt and Soojin Kim, ‘Singapore’s Responses to the COVID-19 Outbreak: A Critical Assessment’ (2020) 50(6–7) The American Review of Public Administration 770–776 Abstract: This article reviews how Singapore has responded to the COVID-19 pandemic, from late-January to early May, 2020, through the three-phase approach to ‘learning’: in-between learning, trial-and-error learning, and contingency learning. Given its unique political system dominated by the People’s Action Party (PAP) and bureaucratic culture, the Singapore government has progressively implemented numerous control measures including strict travel bans, contact tracing, ‘Circuit Breaker,’ compulsory mask-wearing, and social distancing policies, along with financial relief to businesses and workers, in a very top-down fashion. Although the health and treatment issues of foreign migrant workers in dormitories continue to be the subject of ongoing debate among many scholars, it should be noted that the mortality rate in Singapore still remains very low compared to that of many other countries. Singapore’s case points to an important lesson that learning-driven coordinated strategic approaches matter for effective crisis management in the long term.
Chan, Elaine and Jenny Tsin, ‘The Coronavirus COVID-19 Pandemic: Testing the Adequacy of a Financial Institution’s Pandemic Measures’ (2020) 35(6) Butterworths Journal of International Banking & Financial Law 400–402 Abstract: Discusses the Singapore regulatory requirement that banks should have business continuity plans ready for all kinds of disruption, including pandemics. Examines banks’ obligations in the coronavirus pandemic, especially for workplace health and safety, and procedures for employment cost-cutting.
Chen, Jacinta I-Pei et al, ‘Singapore United’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 235–300 Abstract: Singapore is a parliamentary democracy with a single-party dominant system and an elected, nonexecutive presidency. This chapter examines the movement control and monitoring orders implemented in the context of legal frameworks, policy approaches, and issues in enforcement and compliance, up until August 2021. Regular directives from the Ministry of Health to all licensed medical practitioners supported national detection and case management efforts, providing updates to evolving suspect case definitions and patient triage protocols. From mid-May 2020, with community infection rates generally stable, declining cases in the migrant worker dormitories, and no new large clusters emerging, Singapore started to exit gradually from Circuit Breaker. With the epidemiologic spread from imported cases and subsequent entry into Heightened Alert, some Singaporeans expressed worries that other considerations, such as the economy, had been prioritized over the public’s health. The TraceTogether mobile application was initially launched as a voluntary opt-in measure.
Chng, Wei Yao, Kenny, ‘Legal Constraint in Emergencies: Reflections on Carl Schmitt, the Covid-19 Pandemic and Singapore, Symposium on Covid-19 & Public Law’ (Singapore Management University, School Of Law Research Collection No 7–2020, 1 July 2020) Abstract: The controversial legal theorist Carl Schmitt’s challenge to the possibility of meaningful legal constraint on executive power in emergencies could not be more relevant in a world struggling to deal with Covid-19. Scrambling against time, governments around the world have declared states of emergency and exercised a swathe of broad executive powers in an effort to manage this highly infectious disease. In times like these, if Schmitt is indeed right that emergencies cannot be governed by law, we are on the cusp of (or perhaps have already entered) a post-law world – where the business of government is characterised by discretion and power instead of law. This post will suggest that such a bleak conclusion is avoidable. Indeed, if one accepts a broader conception of what ‘legal constraint’ means, it is possible to answer Schmitt’s challenge and hold to a view that even broad discretionary powers exercised during times of emergency can be (and should be) constrained by law in a meaningful way.
Chua, Shirin and Jaclyn L Neo, ‘Democracy in the Time of COVID-19: Pandemic Management, Public Trust and Democratic Consolidation in Singapore’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 84 Abstract: The COVID-19 pandemic tested the legal, political, economic and public health systems of countries all over the world. Singapore – particularly as it found itself having to hold a general election in the middle of the pandemic – is no exception. However, whereas COVID-19 resulted in political upheaval and democratic backsliding in many countries, Singapore’s legal and political institutions generally proved resilient. It even seems that the pandemic threw up opportunities for democratic consolidation in Singapore as a result of increased citizen-state interactions during this time. Nevertheless, this democratic order is not to be taken for granted. Care must be taken to ensure that measures put in place during exceptional times do not result in the ‘permanence of the temporary’. Singapore will also need to do more to ensure that its most vulnerable migrant communities do not continue to disproportionately bear the burdens of the pandemic. Ultimately, the crisis should encourage Singapore to confront more fundamental questions as to the nature of its democracy and the identity of its political community.
Courtney, Wayne, ‘Contracts in the Time of COVID-19: Common Law and Statutory Solutions in Singapore’ in Contract Law in Changing Times (Routledge, 2022) Abstract: This Chapter examines the doctrine of frustration in Singaporean law and its application to contracts affected by the COVID-19 pandemic. After discussing the common law approach to pandemic situations in general, the Chapter critiques a recent Singaporean case which held that a ‘lease’ of premises was frustrated by circumstances resulting from the pandemic in Singapore. The Chapter then moves from the common law to statute. It considers the COVID-19 (Temporary Measures) Act 2020, which was introduced by the Singaporean government in April 2020 in response to the pandemic. The Act operates in tandem with the common law doctrine of frustration but provides a more targeted and nuanced way of dealing with changes in circumstances that affect contracts.
Gao, Henry S et al, Law and COVID-19 , (Singapore Management University School of Law, 2020) Abstract: This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the orderly transition to a sustainable future – the new normal.
Ing, Ong Ee and Loo Wee Ling, ‘Gauging the Acceptance of Contact-Tracing Technology: An Empirical Study of Singapore Residents’ Concerns and Trust in Information Sharing’ in Mark et al Findlay (ed), Regulatory Insights on Artificial Intelligence (Edward Elgar, 2022) 70
Kabir, Tamanna Tabassum and Sakin Tanvir, ‘Misinformation in Media during COVID-19 in Bangladesh: Socio-Legal Analysis of the Infodemic in Comparison with Vietnam & Singapore’ (2022) 22(2) Southeast Asia: A Multidisciplinary Journal 20–38 Abstract: This article examines the misinformation on the COVID-19 pandemic in social media and electronic media, as well as whether the existing legal administration and laws in Bangladesh, Singapore, and Vietnam are adequate to combat the infodemic. People who believe misinformation and fake news about Coronavirus, prevention, and treatment may put their lives in danger. False information about Coronavirus has spread throughout the world, not just in South and Southeast Asian countries, causing widespread concern in the global healthcare community. We employed a qualitative approach as well as the case study analysis method. Case studies were conducted using news reports and news channels. We examined the legal provisions of the People’s Republic of Bangladesh’s Constitution, as well as factual analyses of Singapore and Vietnam. We discovered the impact of misinformation dissemination through social and electronic media, which is prevalent not only among rural Bangladeshis but also in almost all classes in Singapore and Vietnam, and how such influence can be detrimental to the interests of Bangladesh, Vietnam, and Singapore.
Lee, Darius, ‘Covid-19 in Singapore: “Responsive Communitarianism” and the Legislative Approach to the “Most Serious Crisis” Since Independence’ [2020] (September) Singapore Journal of Legal Studies 630–664 Abstract: The Singapore government has called the COVID-19 pandemic ‘the most serious crisis’ that Singapore has faced since Independence. However, Singapore did not issue a Proclamation of Emergency. Instead, it adopted a ‘legislative model’ of emergency powers, addressing COVID-19 through ordinary legislation, including and especially the new COVID-19 (Temporary Measures) Act 2020. Despite the sweeping nature of the powers thereunder, the government has exercised a calibrated approach in its measures, shaped by communitarian norms and high level of responsiveness towards the needs of members of the Singapore community, albeit not without its weaknesses. This article thus makes the case that Singapore’s response to COVID-19 has been characterised by two main features: a legislative emergency in law and ‘responsive communitarianism’ in practice. It argues that COVID-19 has seen the further concentration of executive power where the law is increasingly instrumentalised as a tool towards social and political priorities.
Leow, Darren, ‘Bespoke Coronavirus Legislation and the Wrinkled Well-Fitted Shirt Part A: Keeping Safe in a Dangerous Time - COVID-19 and Its Mutants’ (2021) 2021 Singapore Comparative Law Review 57–65 Abstract: The sudden and unprecedented onset of the Coronavirus Disease 2019 (‘COVID-19’) pandemic has caused colossal disruptions to nearly everyone’s lives and sent ripples throughout the global economy. While the precise response that each country has taken to counter the pandemic differs, many countries have passed some form of legislation enabling the executive to use a suite of powers to curb the spread of the deadly virus, to varying degrees of success. Yet, have these measures conferred too much power on the executive and hindered accountability? Will the response to the current crisis set a precedent for similar issues in the future? These are issues that this essay seeks to explore, by focusing on the COVID-19 legislation used in Singapore and in the United Kingdom.
Lim, Nicole, ‘COVID-19 Implications for Contracts under Singapore and English Law’ (2020) 2020 Singapore Comparative Law Review 119–127 Abstract: Introduction: COVID-19 has been regarded as the ‘black swan’ event of 2020, causing massive upheaval to businesses and impacting economic ecosystems on an unprecedented scale. Since the onset of the pandemic, governments across the globe have responded with measures in the form of border restrictions and orders requiring employees to stay at home, which have severely disrupted business operations and supply chains. Many businesses which encountered difficulties in fulfilling their contractual obligations faced the threat of damages claims or risked having their deposits forfeited or leases terminated. This article will explore two primary avenues of contractual relief-force majeure clauses and the doctrine of frustration-under English and Singapore law. While Singapore’s position in these two areas of law accords with the English position, local jurisprudence further elucidates the legal position for parties. Also, new legislation fast-tracked through the Singapore Parliament now offers affected businesses and individuals interim relief in relation to certain contracts.
Neo, Jaclyn and Shirin Chua, ‘Singapore: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2022) Abstract: Singapore was initially praised as the ‘gold standard’ in managing the outbreak of Covid-19, as the number of cases were kept very low through a trifold strategy of aggressive testing, rapid contact tracing, and isolation of confirmed cases and their close contacts. However, as the number of cases began to rise in March 2020, the government announced the closure of schools and most businesses and imposed movement restrictions—a suite of measures it called a ‘circuit breaker’. This increase was initially due to imported cases as Singapore encouraged its overseas citizens to return, but later to the rapid spread of Covid-19 in the crowded dormitories in which many of Singapore’s low-wage migrants live. The ‘circuit breaker’ was lifted on 2 June 2020 as daily new cases fell from over a thousand to around five hundred (out of a population of nearly six million), with a three-phased approach to reopening the city. As of 3 May 2021, daily new cases remained low. Most were imported cases which are immediately quarantined upon arrival in Singapore. However, the later months of 2021 saw a few successive new waves of locally-transmitted infections largely due to the high transmissibility of the Delta variant. From 22 July to 10 August 2020, in response to the first of these new waves of infections, Singapore reimposed some of the restrictive measures that it had during the ‘circuit breaker’, while accelerating its vaccination programme. By 15 September 2021, Singapore had reported its highest daily new case total in more than a year, ie 837 new cases. However, with 81% of the population having received both doses of Covid-19 vaccines and hospitalisation rates remaining relatively stable, the government has resisted the reimposition of restrictive measures other than—in the main—continuing social distancing and mandatory masking rules. In total, Singapore has seen approximately 73,000 cases of Covid-19, the vast majority of these being migrant workers in dormitories. With 58 deaths from Covid-19, translating into 1.02 deaths per 100,000 of the population, Singapore’s death rate has remained one of the lowest in the world.
Nottage, Luke R and Makoto Ibusuki, ‘Comparing Online Legal Education World-Wide: An Overview Before and after the Pandemic’ in Luke R Nottage and Makoto Ibusuki (eds), Comparing Online Legal Education: Past, Present and Future (Intersentia, 2023) [draft chapter] Abstract: This draft General Report for the October 2022 IACL conference (and for introductory and concluding chapters in a related Intersentia series co-edited book) compares the global development of online legal education before and after the COVID-19 pandemic, particularly in universities but also through professional bodies. As significant background factors, it posits the nature of each jurisdiction’s legal system and profession, resourcing of universities, ICT infrastructure, and evolving pandemic impact. It then compares highlights and lowlights from 13 diverse jurisdictions: eight in the Asia-Pacific region and four elsewhere. The General Report concludes with a discussion of common trends and issues, as well as some intriguing divergences and contingencies, and an overall prognosis given the pros and cons revealed by the pandemic-induced shift towards more online legal education.
Nottage, Luke R and Makoto Ibusuki (eds), Comparing Online Legal Education (Intersentia, 2023) Link to book page on publisher website
Book summary: This pioneering work by leading comparative lawyers examines developments in online legal education, particularly in universities but also in professional associations, before and especially after the COVID-19 pandemic. The book posits and largely confirms that transformations are linked to the extent and scope of respective legal professions (often, but not always, correlating to common versus civil law traditions), funding and other aspects of university-level education, and information and communications technology infrastructure in each jurisdiction. It charts the dramatic shift to online legal education in almost all jurisdictions even with different levels of COVID-19 infections and deaths, or mobility restrictions imposed by law and/or social norms. It also details how law teachers and students adapted to the challenges and opportunities of new technologies and practices, sometimes benefitting from serendipitous earlier events supporting online legal education, and a considerable ‘reversion to the mean’ as the pandemic has abated. The special reports incorporate extensive empirical data, including surveys on online legal education experiences. They cover 13 jurisdictions across the Asia-Pacific region (Australia, Canada, Brunei, Malaysia, Singapore, Hong Kong, Macao, Japan and Pakistan), Europe and beyond (Croatia, Cyprus, Italy and Seychelles), ranging from micro-states to very large economies, at various stages of economic development and from different legal traditions. Comparing Online Legal Education provides rich resources and lessons for legal academics and professionals, as well as those involved in education policy.
Ong, Ee-Ing and Wee Ling Loo, ‘Gauging the Acceptance of Contact Tracing Technology: An Empirical Study of Singapore Residents’ Concerns and Trust in Information Sharing’ (SSRN Scholarly Paper No ID 3817972, 2 April 2021) Abstract: In response to the COVID-19 pandemic, governments began implementing various forms of contact tracing technology. Singapore’s implementation of its contact tracing technology, TraceTogether, however, was met with significant concern by its population, with regard to privacy and data security. This concern did not fit with the general perception that Singaporeans have a high level of trust in its government. We explore this disconnect, using responses to our survey (conducted pre-COVID-19) in which we asked participants about their level of concern with the government and business collecting certain categories of personal data. The results show that respondents had less concern with the government as compared to a business collecting most forms of personal data. Nonetheless, they still had a moderately high level of concern about sharing such data with the government. We further found that income, education and perceived self-exposure to AI are associated with higher levels of concern with the government collecting personal data relevant to contact tracing, namely health history, location and social network friends’ information. This has implications for Singapore residents’ trust in government collecting data and hence the success of such projects, not just for contact tracing purposes but for other government-related data collection undertakings.
Ong, Nathan and Thomas Lim, ‘TraceTogether and the Doctrine of Legitimate Expectation Part A: Keeping Safe in a Dangerous Time - COVID-19 and Its Mutants’ [2021] Singapore Comparative Law Review 42–56 Abstract: On 4 January 2021, the Minister of State for Home Affairs Mr. Desmond Tan stated in Parliament that the police were able to obtain any data under Singapore’s jurisdiction for the purposes of criminal investigations, including data obtained from the mobile application ‘TraceTogether’,’ developed by Singapore’s Ministry of Health and Government Technology Agency (GovTech) for contact-tracing purposes in relation to the spread of the Covid-19 virus.2 These powers are derived from the Criminal Procedure Code (s. 20 CPC).3 This contradicted a privacy statement on the TraceTogether website and an assurance from the minister responsible that the data would only be used ‘for contact tracing purposes’.4 Following public outcry,5 the Singapore government announced that it would pass a law to formalise assurances made earlier that data from the Covid-19 TraceTogether contact-tracing programmes, if needed, could only be used in investigations pertaining to serious crimes.6 We will discuss the doctrine of legitimate expectation in the context of an action brought on the grounds of ministerial statements in the public law of Singapore and England, as elucidated by the controversy regarding the use of TraceTogether data for the purposes of criminal investigations. This will be done in two parts. Firstly, through an exploration of a hypothetical judicial review of a case based on issues surfaced by the TraceTogether controversy, we will compare the outcomes in the two jurisdictions. Secondly, we will trace how both jurisdictions have reasoned the existence of the doctrine. This will allow us to identify the public law principles influencing the conceptual basis of the doctrine, and how that leads to the results in our hypothetical case.
Ooi, Vincent, ‘Tax Implications of COVID-19 in Singapore’ (SSRN Scholarly Paper No ID 3641349, 31 July 2020) Abstract: As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been uncommon prior to the pandemic. Business decisions undertaken during the COVID-19 pandemic will affect the whole range of taxes, including income tax, goods and services tax, stamp duties and property tax. The importance of understanding the tax consequences of these non-routine decisions and of maintaining contemporaneous documentation cannot be overstated.
Neo, Jaclyn L, ‘Legal Protection and Migrant Rights: The COVID-19 Outbreak in Singapore’ in Brenda SA Yeoh and Theodora Lam (eds), Migrant Workers in Singapore (World Scientific, 2022) 23–25
Prikasetya, Gratianus, ‘Employment Layoff Policy During Covid-19 Pandemic (Legal Comparative Analysis Based on Indonesia and Singapore Law)’ (2021) 1(2) Corporate and Trade Law Review 141–153 Abstract: The Covid-19 pandemic has made Employment Layoffs in Industrial Relation become unavoidable both in developing and developed countries. Throughout 2020, the number of layoffs, which can be seen from the unemployment rate in these two countries, has increased. Employment Layoff in Indonesia is subject to the provisions of Law No. 13 of 2003 concerning Manpower Law as partially amended by Law No. 11 of 2020 concerning Job Creation, while Singapore regulates it in the Employment Act of Singapore Chapter 91. Government intervention in implementing the Layoff Policy tend to be greater in Indonesia than in Singapore. This is the impact of the Corporatist Industrial Relations Model system used in Indonesia, while Singapore uses the Contractualist Industrial Relations Model system which relies more on the industrial relations settlement mechanism to the parties. This article was prepared by using Legal Research Methods, especially comparative law between Indonesian Law and Singapore Law.
Stevens, Hallam and Monamie Bhadra Haines, ‘TraceTogether: Pandemic Response, Democracy, and Technology’ 14(3) East Asian Science, Technology and Society 523–532 Abstract: On 20 March 2020, in the midst of the COVID-19 pandemic, the Singapore government released a new app called TraceTogether. Developed by the Ministry of Health, SG United, and GovTech Singapore, the app uses the Bluetooth capability of smartphones to store information about other smartphones that have come into close proximity with your own. These data facilitate the government’s process of ‘contact tracing’ through which they track those who have potentially come into contact with the virus and place them in quarantine. This essay attempts to understand what kinds of citizens and civic behavior might be brought into being by this technology. By examining the workings and affordances of the TraceTogether app in detail, the authors argue that its peer-to-peer and open-source technology features mobilize the rhetorics and ideals of citizens science and democratic participation. However, by deploying these within a context that centralizes data, the app turns ideals born of dissent and protest on their head, using them to build trust not within a community but rather in government power and control. Rather than building social trust, TraceTogether becomes a technological substitute for it. The significant public support for TraceTogether shows both the possibilities and limitations of citizen science in less liberal political contexts and circumstances.
Tan, Ming Ren, ‘Testifying via Video Link: A View from Singapore - Anil Singh Gurm v J S Yeh & Co’ (2021) 21(1) Oxford University Commonwealth Law Journal 162–168 Abstract: Courts around the world often have to balance a whole host of competing considerations in determining whether witnesses should be permitted to testify via video link. In Polanski v Condé Nast Publications Ltd [2005] UKHL 10, the United Kingdom House of Lords was narrowly split (3–2) in carrying out this difficult balancing exercise. In February 2020, the Singapore Court of Appeal had the opportunity to carry out a similar balancing exercise in Anil Singh Gurm v J S Yeh & Co [2020] SGCA 5. At that time, very little was known about the coronavirus and its potentially far-reaching impact on judicial proceedings. Now, more than a year later, as the world continues to grapple with the effects of the global coronavirus pandemic, it may well be time for a rethink of the underlying policy considerations surrounding the use of video link evidence.
Tay, Eu-Yen, ‘Frustration, Not Fortitude: The Case for Applying the Doctrine of Frustration to Leases Affected by COVID-19’ (SSRN Scholarly Paper No ID 3621875, Social Science Research Network, 8 June 2020) Abstract: The impact of the COVID-19 pandemic on retail businesses raises the pertinent question of whether commercial leases can be deemed to be frustrated, so that tenants may be released from their rental obligations. Focusing on the plight of restauranteurs, but relevant to the retail sector in general, this paper discusses the doctrine of frustration with respect to restaurant leases affected by the COVID-19 crisis. It puts forward the view that the doctrine does, and should, apply to these leases in these COVID-19 circumstances, not least because in spite of Government relief measures, frustration may be the only way out for restauranteurs.
Teramura, Nobumichi and Salim Farrar, ‘Special Report on Online Legal Education in Malaysia, Brunei Darussalam and Singapore’ (SSRN Scholarly Paper No ID 3918043, 6 September 2021) Abstract: This report compares the development of online legal education in Malaysia, Brunei Darussalam and Singapore, three quite closely linked Asian economies following the English common law tradition. Due to the outbreak of the COVID-19 pandemic in early 2020, these countries all faced pressing needs to shift their legal education to mostly online modes. In Malaysia, where the health and economic consequences of the pandemic were the most salient, universities and institutions have been struggling to deliver online teaching due to the uneven allocation of internet resources among the large population scattered across large and sometimes remote areas. Being instead small but well-resourced states, Brunei and Singapore were well positioned to weather the global pandemic and adopt online legal education. In particular, Singapore is a leader of online legal education in ASEAN, thanks to its advanced ICT infrastructures and outstanding preparedness for online teaching. Both Brunei and Malaysia can learn from the success of Singapore, to become strong players in the field of online legal education.
Thio, Li-ann, ‘Legal Communitarianism and Pandemic Regulation in Singapore’ in Stefan Braum (ed), Experimental Law: The Rule of Law and the Regulation of the Corona Pandemic in Europe (Nomos, 2023) 383–440
Tong, Edwin, ‘Singapore Government’s Responses to the COVID-19 Crisis: An Overview and Analyses of the Salient and Novel Legal Issues’ 2021 Singapore Comparative Law Review 28–41 Abstract: Amidst the pandemic, the Singapore Government rolled out various crisis management measures to minimise and cushion the economic impact, preserve jobs and capabilities, and support households. First, the Ministry of Finance passed a total of four budgets in 20204 which committed close to S$100 billion of support measures to deal with COVID-19. Some of the key measures to support businesses and workers included the Job Support Scheme, which provided wage support to employers, in which firms in the hardest-hit sector received the most support. Other key measures included the SGUnited Jobs and Skills Package to help Singaporeans access immediate short-term as well as longer term job opportunities and acquire job-related skills and capabilities. In addition, the Self-Employed Person Income Relief Scheme provided cash pay-outs to self-employed persons with less means and family support whose livelihoods have been affected by COVID-19. The COVID-19 Support Grant and COVID-19 Recovery Grant also provided temporary financial support to workers in lower- to middle-income households that had suffered job loss or significant income loss due to COVID-19. Second, the Monetary Authority of Singapore worked with banks on a series of voluntary initiatives by the financial institutions, such as the deferment of payments on mortgages. Third, the focus of this article, the Ministry of Law ('MinLaw’) introduced legislation to provide reprieve to affected businesses and individuals. MinLaw enacted the COVID-19 (Temporary Measures) Act ('COTMA’), which was amended seven times to refine Singapore’s response to the evolving COVID-19 situation, and also introduced the Simplified Insolvency Programme ('SIP’) and Sole Proprietors and Partnerships ('SPP’) Scheme to provide distressed small businesses with an avenue for simplified and costefficient debt-restructuring and insolvency proceedings. This article provides a brief overview and analysis of the salient or novel legal issues arising from some of the key relief measures introduced by MinLaw: a. Relief for inability to perform contractual obligations under Part 2 of COTMA; b. Rental relief framework under Part 2A of COTMA; c. Relief for contracts affected by construction delays under Part 8 of COTMA; d. The Re-Align Framework under Part 10 of COTMA; and e. The SIP and SPP Scheme.
Wai, Kok Chee and Tan Kai Liang, ‘Singapore: COVID-19 Pandemic - Additional Support’ (2020) 35(9) Journal of International Banking Law & Regulation N112–N115 Abstract: Highlights the April 2020 announcement by the Monetary Authority of Singapore of additional support for those experiencing financial problems due to the coronavirus pandemic. Details key features of: measures to ease cashflow problems, including the deferred repayment of commercial loans and mortgage equity withdrawal loans; debt reduction measures involving removal of the total debt servicing ratio; and improved access to banking services.
Woo, JJ, ‘Policy Capacity and Singapore’s Response to the COVID-19 Pandemic’ (2020) 39(3) Policy and Society 345–362 Abstract: Despite its excellent public healthcare system and efficient public administration, Singapore has been severely affected by the COVID-19 pandemic. While fatalities in the city-state remain low and contact tracing efforts have been largely successful, it has nonetheless experienced high rates of infection and the emergence of large infection clusters in its foreign worker dormitories. This paper analyses this dual-track policy outcome – low fatalities but high infection rates – from a policy capacity perspective. Specifically, the policy capacities that had contributed to Singapore’s low fatality rates and effective contact tracing are identified while the capacity deficiencies that may have caused its high rates of infection are discussed. In doing so, I argue that the presence of fiscal, operational and political capacities that were built up after the SARS crisis had contributed to Singapore’s low fatality rate and contact tracing capabilities while deficiencies in analytical capacities may explain its high infection rate.
Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
Zhang, Alex and Andrea Levan, ‘Contact Tracing and Right to Privacy: A Comparative Law Research in China and Singapore’, Globalex (November/December 2022) Abstract: This article discusses research tools and tactics for legal problems surrounding contact tracing technologies and the right to privacy in China and Singapore. This article aims to provide resources and strategies for identifying relevant materials that examine the relationship between tracking technology adoption and the right to privacy in the present and post-pandemic circumstances. We hope that researchers interested in the subject or performing comparative legal studies at the junction will find this article helpful. We focus on the following resource categories and the most effective way of locating information about them: Main features of the legal system, including legal institutions and major players in the lawmaking and rulemaking process; primary sources of law; and relevant secondary sources of law.
Sri Lanka
Bandaranayake, Ramathi et al, ‘Health-Related Information and COVID-19: A Study of Sri Lanka and Thailand’ (SSRN Scholarly Paper No ID 3877617, 13 May 2021) Abstract: Effective pandemic response necessitates the collection of vast quantities of personally identifiable information. As part of disease surveillance, responders need to be able to identify those who have contracted the disease, trace contacts who may have been exposed, and find out where clusters may be emerging. They also need to be able to ask those who may have been exposed to quarantine, and likely follow up to check if the quarantine is being observed, as well as if those under quarantine have developed symptoms. Information collection for contact tracing and quarantine monitoring can be undertaken in a variety of ways, including testing, case reporting, and interviewing infected persons to find out their travel history and whom they may have recently come into contact with, and then following up with those contacts. However, advances in digital technologies have given rise to newer methods. The COVID-19 pandemic has seen a proliferation of contact tracing applications around the world. Similarly, other forms of data can be harnessed, such as location and GPS data, as well as the use of call records to identify close contacts and monitor quarantines.However, there are numerous challenges in information collection during a pandemic. Especially in a novel pandemic, as knowledge about the nature of the disease and how it spreads is still emerging, responders have to come up with response procedures quickly and often learn on the job. One of the challenges of dealing with infectious diseases, including COVID-19, is combatting the stigma associated with having contracted the disease. While it is necessary for health officials to be aware of who is infected and exposed, the social stigma associated with the disease can incentivise the unwell to hide their symptoms, posing a challenge for health officials. The use of digital technologies has also given rise to concerns about cybersecurity and the protection of personally identifiable information.In this research report, we present our study of information collection methods that were deployed in Sri Lanka and Thailand in the year 2020 during the COVID-19 pandemic. We map out methods, procedures, and technologies that were used, explore lessons learned, and propose policy recommendations for future pandemics.
Dissanayake, Dinushika, ‘Justice after COVID 19: An Analysis of the Challenges Faced by the Formal Justice Sector in Sri Lanka during a Global Pandemic’ (2022) 23(2) Asia Pacific Journal on Human Rights and the Law 156–205 Abstract: The formal justice sector in Sri Lanka is almost entirely reliant on physical interactions within the courtroom. Sri Lanka has committed to providing access to justice for all under both domestic and international law. Unfortunately, substantive access to justice for all continues to elude the marginalised. The global pandemic which emerged in January 2020 has thrown a further challenge on this already burdened system. The litigants, lawyers and judges who had relied on an already flawed system are now further physically distanced from the formal justice system. This means that these actors must now seek to ensure that access to justice is restored, albeit without full physical access to courtrooms. This article examines how Covid-19 challenged the dispensation of substantive justice in the formal justice system in order to suggest ways to mitigate these challenges. It discusses the challenges faced by lawyers and litigants during the period 14 March to 15 November 2020. This includes how the physical aspects of dispensation of the day-to-day caseload were resolved, and the strategies that were practised by lawyers, judges and litigants to circumvent these obstacles and challenges. Drawing on postcolonial feminist critique, information gathered through both primary data (gathering of qualitative and quantitative primary data) and secondary data (desk review of laws, regulations and rules), this article attempts to obtain insights into what challenges were experienced by marginalised communities and how these challenges were mitigated by the justice sector. The author applies the strategies used by persons who engaged with courtrooms in the midst of Covid-19 to the theoretical definitions of what justice should look like in an equal society. The article arrives at an understanding of the dispensation of justice during the Covid-19 pandemic.
Harankaha, HaM, ‘Intellectual Property Rights and Global Pandemic: A Patent Law Perspective’ (Faculty of Law, University of Colombo, 2021) Abstract: COVID-19 Global Pandemic has rapidly made countries, governments and policy makers rethink and change their standards, policy decisions in order to adjust with the unpredictable phenomenon. Intellectual Property Rights (IPR) and intellectual property policies are not an exception to this. While IPR promotes research and development, technological development and transfer of technology, it also inspires individual rights, non-competition in the market place and monopoly rights that would hinder some human rights such as the right of health, healthcare and food. In response to the rapid expansion of the pandemic, there are moves from many developed countries who are the owners of many IPR, Patent Offices, research institutions and research universities to go for waivers of IPR and soften the procedure adopted for patent granting. The US Government’s announcement that it would support the temporary waivers of IP rights relating to COVID-19 medicinal products including vaccination, the US Patent and Trademarks Office’s (USPTO) decision to prioritize patent examination for COVID related inventions for a nominal fee, the move of some IPR owners to grant free licenses to manufacture vaccines and other COVID related products, and universities and research institutions coming forward to collaborate with industries in curbing the COVID-19 Pandemic are few among them. However, these moves are subjected to many criticisms from IPR perspectives. It is argued that IP protection should not liberalize but should introduce a massive drive of technology transfer and capacity expansion. This paper analyzes how this global situation and new trends in IPR would affect the Sri Lankan IP law and recommends that Sri Lanka should look forward to promoting technology transfer while softening its IPR laws for COVID related inventions. Keywords: patent rights, global pandemic, technology transfer
Hettiarachchi, CA, CD Attanayake and SS Wijesinghe, ‘Law of “Isolation” and Its Legitimacy of Practice in Sri Lanka: A Judicial Review’ (2022) 28(1) Journal of the College of Community Physicians of Sri Lanka 541–554 Abstract: Isolation of persons is a key strategy to prevent and control highly contagious diseases throughout the history worldwide and its importance had re-emerged due to COVID-19 pandemic. In Sri Lanka, like other countries, this isolation process is mainly governed by the law. The Quarantine and Prevention of Diseases Ordinance is the main law in this regard where the powers are mainly vested with health authorities. Conclusions and Recommendations: Quarantine and Prevention of Diseases Ordinance of Sri Lanka and its regulations can be used to prevent and control COVID-19 effectively as adequate and powerful provisions are available, especially in relevant to isolation of persons. However, the relevant law is often wrongly interpreted and imposed by authorities as well as non-authorities. Authorities and Authorized Officers need to be empowered on their powers and limitations to implement the law legitimately in order to achieve the maximum control and prevention of COVID-19 and other infectious diseases.
Illangarathne, Raveesha, ‘COVID-19 Pandemic Outbreak and Violation of Human Rights’ (SSRN Scholarly Paper No 4569278, 12 September 2023) Abstract: Human Rights are standards that identify and protect the dignity of all human beings.They emphasize how human beings survive in the society with others. Moreover, maintainence of healthy relationships with the state and the obligations the state bears toward them are eloborated (Unicef ,2015). The Human Rights Law is responsible to make the governments to fulfill their responsibilities to the human beings. On the other hand, individuals also have the responsibility to use their human rights while respecting the rights of others. At the same time no one has the power in violating the rights of others. Accordingly, this study attempts to elaborate about the violation of human rights along with the imposition of the rules and regulations during the covid-19 pandemic. Subsequently, the findings revealed that human rights have been violated along with the implementation of covid-19 restrictions and prevention measures like curfew impositions.
Manamperi, Lakmali Bhagya, ‘A Critical Human Rights Perspective on the Sri Lankan Government’s Forced Cremation Policy of COVID-19 Deceased in the Context of Religious Majoritarianism’ (2023) 16(1) The International Journal for Religious Freedom (IJRF) 105–116 Abstract: The State-sanctioned forced cremation of COVID deceased in Sri Lanka was a policy which blatantly discriminated the religious rights of certain minority communities – the Muslims, for whom cremation is forbidden by their religion, and certain sections of the Christian community who consider burial as the traditional way of farewell to the dead. This paper analyzes how COVID-19 was used as a tool for State intervention in the religious matters in a Constitutional context where religious majoritarianism prevails. It is suggested that more secular features, would improve the respect for human rights of the country.
McLaren, Helen Jaqueline et al, ‘Covid-19 and Women’s Triple Burden: Vignettes from Sri Lanka, Malaysia, Vietnam and Australia’ (2020) 9(5) Social Sciences 87 Abstract: During disease outbreaks, women endure additional burdens associated with paid and unpaid work, often without consideration or the alleviation of other life responsibilities. This paper draws on the concept of the triple burden in theorizing the gender divisions in productive and reproductive work and community activities in the context of disaster. Events that include famine, war, natural disaster or disease outbreak are all well documented as increasing women’s vulnerability to a worsening of gendered burdens. In the case of the Covid-19 coronavirus pandemic, this is no different. Focussing on Sri Lanka, Malaysia, Vietnam and Australia, the four vignettes in this paper serve to highlight the intersections between Covid-19 and gendered burdens, particularly in frontline work, unpaid care work and community activities. While pre-disaster gender burdens are well established as strong, our analysis during the early months of the pandemic indicates that women’s burdens are escalating. We estimate that women will endure a worsening of their burdens until the pandemic is well under control, and for a long time after. Public policy and health efforts have not sufficiently acknowledged the issues concerned with the associations between gender and disease outbreaks.
Nyamutata, Conrad, ‘Funerary Rites and Rights of the Dead: Jurisprudence on Covid-19 Deaths in Kenya, India and Sri Lanka’ (2023) 12(1) Global Journal of Comparative Law 36–69 Abstract: Pandemics are associated with exponential mortality rates, creating heavy burdens on communities. The high death rates affect how societies traditionally conduct funerary practices as governments impose regulations on the preparation of bodies and the conduct of the funerals to stem the transmission of the virus. In societies associated with deeply entrenched customary funerary practices, such limitative measures attract defiance. The tensions between public health objectives and funerary traditions have played out in a number of societies resulting in litigation. At the core of the disputes is whether the right to manifest religion or belief can be upheld, and relatedly, whether the dead have rights to dignified burials irrespective of pandemics. During the covid-19 pandemic, some courts had to grapple with these difficult questions. In this paper, I take a jurisprudential excursion on some disputes in Kenya, India and Sri Lanka to assess the adjudication of conflicts which arose from covid-19 pandemic deaths.
Pathberiya, Niroshan, ‘An Analysis of the Legal Ramifications of Mandatory Vaccination in the Light of Rights to Life and Health: The Case of Sri Lanka’ in Čović, Ana and Oliver Nikolić (eds), Pravni i Društveni Aspekti Vakcinacije Tokom Pandemije Kovida 19 / Legal And Social Aspects Of Vaccination During The Covid-19 Pandemic (Institute of Comparative Law, 2022) 117–127 *[OPEN ACCESS BOOK]* Abstract: The consistency of the decision of making Covid-19 vaccination mandatory with the rights to life and health of the citizens has initiated a heated debate in Sri Lanka. The enjoyment of the rights to physical and mental health includes the citizens’ right not to be exposed to situations or substances that pose or appear to pose threats to their life and health. However, the counter-premise that mandatory vaccination guarantees a person’s immunity against the virus, uplifting his as well as others’ physical fitness and mental confidence, is an equally valid argument. In Sri Lanka, during a fast-spreading pandemic, decisions to ensure and safeguard individual rights and liberties of all persons in all situations, while maintaining public health and its standards, is a challenge; adoption of and providing for one view might require limiting or rejecting others. In the absence of solid medical evidence of the effects and after-effects of vaccination, as well as its capability to prevent the spread of the Covid-19 virus – at least beyond reasonable doubt – whether treating vaccinated and non-vaccinated differently can be construed as a violation of individual rights to life, personal health and equality is a matter that requires a thorough consideration of facts. Hence, this paper, referring to international conventions and treaties on human rights and health, investigates and analyses the legal ramifications of the mandatory Covid-19 vaccination in Sri Lanka. The study recommends maintaining the status quo in general, and application of mandatory vaccination policies to settings and persons that require immunity against the virus – such as health personnel – immediately, and holding its application as a method of preventing the spread, until research and medical evidence affirm the capabilities and side effects of the vaccination, with solutions. This approach minimizes unnecessary conflicts between individual rights and interests, and the state’s responsibilities during the pandemic.
Roudik, Peter et al, ‘Freedom of Expression during COVID-19’ (Law Library of Congress Legal Report, September 2020) Abstract: This report, prepared by the research staff of the Law Library of Congress, surveys legal acts regulating mass media and their ability to distribute information freely during the Covid-19 pandemic. The report focuses on recently introduced amendments to national legislation aimed at establishing different control measures over the media outlets, internet resources, and journalists in 20 selected countries around the world where adoption of such laws has been identified, namely: Armenia, Azerbaijan, Bangladesh, Belarus, El Salvador, India, Kazakhstan, Kenya, Kyrgyzstan, Mauritius, Moldova, Nepal, Nicaragua, Pakistan, Russia, South Africa, Sri Lanka, Tajikistan, Ukraine, and Uzbekistan.
Udayanganie, UaT, ‘Dilemma of Mandatory Vaccination for COVID 19: Analysis of Constitutional and Legal Issues under the Sri Lankan Law’ in Proceedings of the Annual Research Symposium, 2021, University of Colombo, 23rd November 2021 (Faculty of Law, University of Colombo, 2021) 216 Abstract: Sri Lankan authorities have suggested that the vaccination card for COVID-19 be made mandatory for citizens above the age of 30 years old, whenever they visit public places from Sept. 15, 2021 onwards. Such policies appear to be effective in convincing some non- vaccinated individuals to get their dosage to ensure community safety. Even so, this raises many complex issues regarding the interplay of competing rights. The key issue is where to draw the line between government’s duty to protect the health and community protection and the individual autonomy, bodily integrity and human dignity, particularly when a worldwide pandemic causes millions of deaths and economic devastation. Another crucial point that need to be considered in the current vaccination debate in Sri Lanka is that Covid-19 poses a major public health risk not just to people who are non-vaccinated by choice, but to those who cannot yet get vaccinated, such as children due to irregular and inconsistent supply of vaccines, issues in the process of vaccination prioritization and people who did get vaccinated but develop breakthrough infections. First part of this paper presents a constitutional and legal analysis of the possibility of the country making the vaccination against COVID-19 mandatory. Second part of the paper seeks to reflect debates in other jurisdictions as well where mandatory vaccination is being recommended to tackle the COVID-19 pandemic. Finally, the paper suggests the proportionality approach in designing and implementing such a law or policy and substantiates the argument that a mandatory vaccination would be legal if the government has designed and implemented rational criteria within the explicit parameters that a mandatory vaccination is required and proportionate in the interest of public health and safety and for the protection of the rights and freedoms of the community. The research employs a doctrinal black letter approach by referring to relevant primary and secondary sources.
Wickramaratne, Jayampathy, ‘Doctrine of Necessity: Stumbling Against the Same Stone in Pakistan - A Mistake Not to Be Emulated in Sri Lanka’ (SSRN Scholarly Paper No ID 3598986, 12 May 2020) Abstract: The doctrine of necessity was first expounded as a criminal law principle: ‘that which is otherwise not lawful is made lawful by necessity’. Dangers of applying the doctrine in constitutional law were seen in Pakistan where several military coups were validated using it. In Sri Lanka Parliament was dissolved on 02 March 2020. As elections have been postponed due to the COVID-19 pandemic, Parliament will not be able to meet before 02 June, within the maximum period of three months permitted by the Constitution for the country to be governed without Parliament. The country being governed without Parliament means in effect that it would be governed only by the President, without the institution to which the he is constitutionally accountable functioning. The dissolved Parliament can be recalled in several ways: (1) withdrawal of the Proclamation of dissolution; (2) declaration of an emergency under the Public Security Ordinance which will trigger the summoning of Parliament; and (3) summoning of Parliament by the President without recourse to the said Ordinance in an emergency. That there is an emergency situation today cannot be denied. However, it has been suggested that the country can go on without Parliament by invoking the doctrine of necessity. This paper argues that where there are alternatives possible under the Constitution, the doctrine cannot be invoked. In any case, learning from the Pakistani experience, Sri Lanka should not use the doctrine in matters of constitutional law.
Taiwan
Chang, Wen-Chen and Chun-Yuan Lin, ‘Taiwan’s Effective Pandemic Control with Dialogic Constitutionalism’ in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 311 Abstract: To date, Taiwan has successfully controlled the COVID-19 pandemic without serious restrictive measures or any lockdowns. Since the outbreak of the pandemic, Taiwan has been careful in formulating policies and issuing measures to balance the need for pandemic control and the maintenance of human rights protection, democracy and the rule of law. This chapter analyses how Taiwan has achieved success in pandemic control despite its barred access to the World Health Organisation and its geographic proximity and close economic ties to China. It is argued that legal preparedness after the 2003 SARS epidemic helped to some extent, but other than law, a comprehensive national healthcare system with affordable care, a high level of digital technology with cautious application, and a vibrant civil society actively engaged in the regulatory process and pandemic control were pivotal. In addition, the key mechanism keeping governmental power under control was a model of ‘dialogic constitutionalism’ that served to channel and initiate open and vibrant political dialogues with horizontal and vertical separations of powers between various government branches and, more importantly, between the government and wider society.
Chang Yu-Ling and Tsai Jen-Che, ‘Reviewing the Legal Formation Responding to COVID-19 Pandemic and Analyzing The Revision of Communicable Disease Control Act’ (2022) 38(19) Epidemiology Bulletin 110–110 Abstract: During the Coronavirus disease (COVID-19) pandemic, the Special Regulations on Prevention, Relief and Revitalization for Severe Pneumonia with Novel Pathogens (hereinafter referred to as ＂Special Act＂) was enacted for a certain duration in addition to the Communicable Disease Control Act. The article aims to study the added provisions on epidemic prevention according to three tiers: incentives and assistance for preventive and control measures, reinforcing existing regulations, and increasing liability and use of personal information for specific offenders. Furthermore, we analyzed the differences between the Special Act and the Communicable Disease Control Act and provided suggestions for the revision of the Communicable Disease Control Act in the future.
Cockel, Isabelle, Beatrice Zani and Jonathan S Parhusip, ‘“There Will Be No Law, or People to Protect Us”: Irregular Southeast Asian Seasonal Workers in Taiwan before and during the Pandemic’ Journal of Agrarian Change (advance article, published online 30 May 2023) Abstract: This paper investigates the everyday lived realities of Southeast Asian migrant workers who left the formal sector of the labour market and entered the informal agricultural sector before and during the COVID-19 pandemic in Taiwan. Drawing on observations of migrants’ daily lives and farm work and 19 in-depth interviews, it delves into migrants’ subjective experiences of vulnerability, paternalism, exploitation, and control at work due to a lack of legal protection and the illegality of their employment. Although the literature has identified a link between ‘running away’ from formal employment and seeking freedom, this research suggests a continuum between experiences of work in the formal and informal economic sectors. The paper sheds new light on mobility, work, illegality, and informality and how these have constantly shaped ‘runaway’ workers’ subjective experiences of freedom and unfreedom during the pandemic.
Doubek, Pavel, ‘COVID-19 Quarantine in Taiwan: From “Success Story” to Perilous Deprivation of Liberty’ (2024) 28(2) The International Journal of Human Rights 267–292 Abstract: While the world praised Taiwan for its exemplary management of the COVID-19 pandemic, a debate on its compliance with rule of law and human rights was shadowed. This manuscript examines the stringent policy of mandatory quarantine and isolation in Taiwan through the lens of personal liberty and argues that despite its effectiveness for public health, it was disproportionate, arbitrary and likely amounting to the ill-treatment of quarantined persons. Notwithstanding its implications for coronavirus policies elsewhere, the legal ramifications of Taiwan’s lesson are also vital for scholarly debate on the limits of the established international human rights framework during the time of the pandemic.
Gao, Anton Ming-Zhi and Chen Cheng, ‘Critical Review of the Legal Measures Against COVID-19 in Taiwan’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 21–38 Abstract: Covid-19 pandemic strikes all over the world. With a view to tackling this pandemic, a wide range of unprecedented fundamental right intrusive measures, such as large-scale lock down, electronic tracking without court decision, medical devise rationing measures, etc., have been adopted and implemented. Despite the effectiveness of these measures in preventing further virus spreading, the concerns of violation of constitution law concerns would be raised after the pandemic has eased. Taiwan performed very well in tackling covid-19 from the record of 253 days without local confirmed cases in 2020 and the only 16250 confirmed cases by 4 October 2021. However, success in avoiding virus spreading may not mean the legal measures play key role. Also, if the law does play roles, it is also possible that these measures could not pass the unconstitutional tests. In order to provide a structural analysis of the related fundamental right intrusive measures, this article will begin with the introduction of the main laws and ‘guidelines’ in combating COVID-19. Afterwards, a critical review will be provided to investigate into the institutional failure and the unconstitutional concerns from the measures.
Gao, Anton Ming-Zhi et al, ‘Return to the Facemask Monopoly’ (2021) 1(1–3) Legal Policy and Pandemics: The Journal of the Global Pandemic Network 297–312 Abstract: With the global outbreak of coronavirus disease in early 2020, authorities in every country advocated wearing facemasks to control the spread of the virus. However, a shortage of facemasks hit Europe, the US, and Asia. Using facemasks in Taiwan—with a 23-million population, and fewer confirmed cases than in other countries, is common. The export ban, a name-based rationing system, and particularly the facemask monopoly scheme, was responsible for maintaining Taiwan’s relatively modest supply of facemasks in early February 2020. Taiwan also used this opportunity to establish a national industry, producing facemasks during an economic downturn. This study uses document analysis to examine the historical development of this facemask monopoly scheme and conducts an in-depth critical review of such schemes using an interdisciplinary approach. The key research question is whether such a facemask monopoly scheme is better than the free market regime worldwide in dealing with such a facemask shortage.
Gao, Anton Ming-Zhi, ‘Taiwan’s Success: A Hard-Won Battle’ in Rose-Liza Eisma-Osorio et al (ed), Parliaments in the Covid-19 Pandemic: Between Crisis Management, Civil Rights and Proportionality: Observations from Asia and the Pacific (Konrad-Adenauer-Stiftung, 2021) 185-199 [OPEN ACCESS BOOK] Abstract: As the COVID-19 pandemic strikes the world, Taiwan has performed exceptionally well in terms of managing the number of confirmed cases. By 24 March 2021, only 1,006 confirmed cases had been identified, with only 10 deaths (TCDC 2021a). There was a record of zero confirmed cases for more than 253 days, as most were tagged as imported cases (Focus Taiwan 2020a). In addition, the ‘no-lockdown’ quality of life resulted in an economic growth rate of 2.54% in 2020 (Strong 2020a). The lessons learned by Taiwan in combatting COVID-19 have been all over the media and in the press. The government even created a multilingual website to promote how Taiwan reached its success (MoHW 2020). While the government website already provides an overview of legal and non-legal measures in combating COVID-19, there are certain legal issues which may have been glossed over for publication. This gap has motivated this study. In the conduct of this study, a review has been made on the compilation of the peculiar rules of law in Taiwan during the COVID-19 pandemic. As an outline, this study will begin by elaborating on the general laws and regulations to address COVID-19, including some significant measures for incoming passengers and local citizens. Secondly, the study will look into the dynamics between governmental institutions, paying particular attention to the shifting role between parliament and the administrative branch. Finally, the study will evaluate the existing legal and institutional framework and make recommendations and findings in conclusion.
Gesley, Jenny, ‘Regulating Electronic Means to Fight the Spread of COVID-19’ (Law Library of Congress Legal Report, June 2020) Note: This page includes a comparative summary, and links to the full report and a COVID-19 Contact Tracing Apps world map. Extract from Introduction: This report surveys the regulation of electronic means to fight the spread of COVID-19 in 23 jurisdictions around the globe: Argentina, Australia, Brazil, China, England, France, Iceland, India, Iran, Israel, Italy, Japan, Mexico, Norway, Portugal, the Russian Federation, South Africa, South Korea, Spain, Taiwan, Turkey, the United Arab Emirates, and the European Union (EU).
Ho, Lawrence Ka-ki and Angus Siu-cheong Li, ‘What Has Changed and Why: The Transformation and (de)Legitimisation of Post-COVID Policing in Hong Kong and Taiwan’ (2025) 35(4) Policing and Society 423–447 Abstract: This paper conducts a comparative analysis of the governance and policing frameworks in Hong Kong and Taiwan, examining their responses to the COVID-19 pandemic’s public health crisis and the resulting shifts in policing contexts. Hong Kong experienced significant changes in police-citizen relations before the pandemic, notably during the 2019 protests that garnered global media attention and eroded public trust in the government. With the advent of COVID-19, Hong Kong introduced stringent anti-pandemic legislation aimed at achieving ‘zero-COVID’, further empowering the police for law enforcement. In contrast, Taiwan effectively managed the epidemic from 2020, keeping mass infections at bay until mid-2022, without significant social conflicts. This study delves into the academic implications of these divergent outcomes, seeking to explain what and why changes occurred (or did not) in these two places. Hong Kong’s response to the global health crisis, including the introduction of the National Security Law, fundamentally transformed its policing context, dismantling autonomous civil societies and reshaping public trust in the government and its police. In comparison, Taiwan’s policing exhibited limited post-crisis transformation, maintaining high public trust even amid stringent quarantine and lockdown regulations. This divergence reflects varying pathways of the legitimisation of police influenced by geopolitics, underscoring the importance of comparative studies in comprehending transformations of policing in different contexts following the global public health crisis.
Krumbein, Frederic, ‘The Protection of Human Rights by Taiwan’s Legislative Yuan during Taiwan’s Crisis Management of the COVID-19 Pandemic’ (SSRN Scholarly Paper No 4325837, 16 January 2023) Abstract: Taiwan is a success story compared to other countries in terms of the number of COVID-19 infections and deaths. Taiwan’s achievement has relied on effective institutions, crisis management, and cooperation between state and society. While the success factors of Taiwan’s crisis management of COVID-19 have been analyzed, less research has been conducted about the protection of human rights during Taiwan’s fight against the COVID-19 pandemic, in particular the role of Taiwan’s Legislative Yuan. The paper analyzes Taiwan’s COVID-19 policies, their impact on human rights, and the role of Taiwan’s parliament in safeguarding human rights in Taiwan’s pandemic management. Overall, Taiwan’s government and parliament tried to protect human rights by avoiding serious infringements on personal liberty, such as lockdowns and curfews, and by including provisions for protecting human rights in the pandemic prevention policies and measures, such as regulations for protection of personal data. However, not all measures were proportional or necessary, and overall, the parliament has been reluctant in exercising its powers of oversight and control over the government’s COVID-19 policies.
Lee, Tsung-Ling, ‘COVID-19 Vaccination Certificates and Their Geopolitical Discontents’ (2021) 12(2) European Journal of Risk Regulation 321–331 Abstract: At the international level, proof of vaccination against SARS-CoV-2 offers an enticing promise to the return of normality, particularly for the much-desired reopening of national borders. At the same time, vaccination passports could be a false hope: the requirement of vaccine passports could adversely embed social and economic inequalities that reflect the power dynamics in international relations. Specifically, the ability to secure vaccines relates to the varying market and economic power across countries. This paper focuses on Taiwan as a case study to explore ways in which the use of COVID-19 certifications, if used as a precondition for international travel, would further exacerbate a binary of exclusion and inclusion as a function of geopolitics. With its relative success in containing the COVID-19 pandemic within its borders, Taiwan represents a low priority for vaccine distribution in the COVAX initiative. Furthermore, due to Taiwan’s contentious political status and its exclusion from the World Health Organization regime, if vaccination passports are required as a precondition for international travel, then outbound passengers from Taiwan potentially could be subjected to restriction of movement absent wide availability of vaccines domestically. This paper argues that insofar as sustainable pandemic control requires a global concerted effort, vaccination passports could further polarise a global response. This paper suggests that equitable access to effective vaccines worldwide and governance reform of global health would help to rebuild global solidarity and mitigate the unimaginable human, social and economic suffering arising from the pandemic.
Lee, Tsung-Ling, ‘The Rise of Technocracy and the COVID-19 Pandemic in Taiwan: Courts, Human Rights, and the Protection of Vulnerable Populations’ (2021) 22(6) German Law Journal 1115–1132 Abstract: Driven by the need to address the immediate public health threats of the COVID-19 pandemic, this has seen a rise of the technocratic mode of governance around the world. A technocratic approach is evidence-based and relies upon the guidance of experts to respond to the public health crisis. The rise of technocracy reflects a utilitarian calculus that seeks to preserve the greater good. Taiwan’s pandemic response exemplifies the strengths and weaknesses of this type of governance. Based on an analysis of the relevant case law of the Taiwan Constitutional Court, legislation, and political developments this Article takes a legal-historical look and traces the current technocratic approach—defined for this Article as an experts-driven and procedural-driven process—which is a hallmark of Taiwan’s pandemic response. Examining Taiwan’s pandemic response through a human rights lens sheds light on a more complex relationship between the collective right to health and life, and the individual rights to health, work, privacy, and liberty during the pandemic.
Lin, C-F, ‘Taiwan: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2021) Abstract: The Ministry of Health and Welfare, particularly the Centre for Disease Control (CDC) (a subordinate agency to the Ministry), has the exclusive power to determine and declare public health emergencies. On 20 January 2020, in response to the growing severity of the Covid-19 epidemic around East Asia, the CDC established the CECC according to the Article 17.1 of the CDC Act, with the Minister of Health and Welfare as the chief commander and high-ranking officials from other ministries as core members. Such constitutional arrangements have not changed in response to the pandemic.
Lin, Cheryl et al, ‘Policy Measures, Information Technology, and People’s Collective Behavior in Taiwan’s COVID-19 Response’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 181–208 Abstract: COVID-19 has rampaged globally with devastating consequences on human lives and livelihoods. Taiwan, a democratic island-country with 23.5 million population, was predicted to have the second highest risk of imported cases at the outset and instead registered among the lowest COVID-19 prevalence and mortality rates during year one. This chapter describes Taiwan’s emergency response policies, including the Communicable Disease Control Act (CDCA), pandemic measures in different segments of the population, the role of national health insurance and accessible healthcare, innovative integrations of information technology, and amendments to laws and regulations adapted to the evolving situation. Taiwan’s CDCA was introduced in 1944. In addition to posting travel advisories, the Taiwan Centers for Disease Control (CDC) enhanced border control, as required by the CDCA. Taiwan CDC officers stationed at airports implemented health screening of passengers and provided healthcare advice.
Lin, Hsin-Hsuan and Yi-En Tso, ‘Evaluation on the Legality of Smart Technology Tracking to Prevent the Spread of Covid-19’ (SSRN Scholarly Paper No 4477389, 15 June 2023) Abstract: This paper aims to evaluate smart technology monitoring measures adopted by governments in response to the Covid-19 epidemic from a legal aspect. Internationally, preemptive measures during an epidemic are generally based on monitoring means. These may include behavioral patterns in electronic fences such as isolation and quarantine, big data epidemic investigation, epidemic prevention tracking technology and contact tracing applications. This type of data surveillance outlines a three-pointed, linear pattern of ‘digital footprint-profiling-surveillance’, and an evaluation of its legitimacy triggers the question of whether public power measures are able to balance collective security against information privacy during a state of emergency. The study addresses three major aspects designed for the discourse: (1) the use of smart technology for epidemic monitoring and prevention, (2) the legal constraints of smart technology in epidemic prevention, and (3) balancing the use of smart technology in epidemic prevention with the right to personal data protection. This paper selects South Korea, Taiwan and Norway for case study, as representative of strict controls, moderate controls, and absence of controls respectively. By drawing upon experience from other legal systems in a comparative analysis, the author hopes to show that controlling the spread of a virus and personal data protection are not a zero-sum dilemma. Finally, ideas for a mechanism to oversee and evaluate the use of smart technology in COVID-19 prevention and elimination will be presented.
Liu, Ching-Yi, Wei-Ping Li and Yun-Pu Tu, ‘Privacy Perils of Open Data and Data Sharing: A Case Study of Taiwan’s Open Data Policy and Practices’ (2021) 30(3) Washington International Law Journal 545–597 Abstract: Governments and private sector players have hopped on the open data train in the past few years. Both the governments and civil society in Taiwan are exploring the opportunities provided by the data stored in the public and private sectors. While they have been enjoying the benefits of the sharing and flowing of data among various databases, the government and some players in the private sectors have also posed tremendous privacy challenges by inappropriately gathering and processing personal data. The amended Personal Data Protection Act was originally enacted as a regulatory mechanism to protect personal data and create economic benefits via enhancing the uses of public and private sector data. In reality, the Act has instead resulted in harm to Taiwan’s data privacy situation in this big data era. This article begins with an overview of Taiwan’s open data policy history and its current practices. Next, the article analyzes cases in which the data-sharing practices between different sectors have given rise to privacy controversies, with a particular focus on 2020, when Taiwan used data surveillance in response to the COVID-19 pandemic. Finally, this article flags problems related to an open data system, including the protection of sensitive data, de-identification, the right to consent and opt-out, and the ambiguity of ‘public interest,’ and concludes by proposing a feasible architecture for the implementation of a more sensible open data system with privacy-enhancing characteristics.
Miller, Derek et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ [2021] Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Quirk, Sean P, ‘Lawfare in the Disinformation Age: Chinese Interference in Taiwan’s 2020 Elections’ (2021) 62(2) Harvard International Law Journal 525–567 Abstract: Despite an aggressive disinformation campaign from the People’s Republic of China (‘PRC’), Taiwan effectively countered false information coming from the PRC and maintained the integrity of its January 2020 elections. Political warfare between the PRC and Taiwan (the Republic of China) stretches back decades. However, the digital age has catalyzed the range and effectiveness of ‘disinformation’—the dissemination of false information with the intention to deceive public opinion. During Taiwan’s 2020 elections, PRC disinformation centered on the political unrest in Hong Kong and sought to sway Taiwanese public opinion toward candidates that were sympathetic to Beijing. Taiwan mounted a robust self-defense against this disinformation through a whole-of-society approach: factchecking by civil society organizations, government-sponsored education for media literacy, and a technology sector that actively curbed inauthentic behavior online. Taiwan’s legal responses to PRC disinformation also demonstrate how specific legislation can counter the spread of rumors domestically and discourage interference from abroad. These lawfare mechanisms included Taiwan’s libel laws, ‘fake news’ regulations, and the Anti-Infiltration Act.Taiwan’s 2020 elections offer a glimpse into the frontlines of disinformation and the novel social media strategies that authoritarian regimes like the PRC use to influence public opinion in democracies. The story of Taiwan’s elections also shows the potential resiliency of democracy in the face of authoritarian disinformation and the possible legal recourse to counter foreign interference. Amid rising election interference and a U.S.-PRC propaganda war surrounding the COVID-19 pandemic, the world urgently needs these lessons.
Sheng Shing-Yuan, ‘Pandemic Legislation in a Decentralized Legislature: The Case of Taiwan’ (2023) 19(1) Taiwan Journal of Democracy 1–20 Abstract: Since COVID-19 began to sweep the world at the end of 2019, the pandemic’s impact on legislative politics has attracted considerable attention from scholars. Some argue that the pandemic has given rise to executive aggrandizement, while others note that this possible aggrandizement has brought about more oversight and activity on the part of legislatures. How the decentralized legislature of Taiwan has responded to the pandemic is a matter of particular interest. This article examines the interaction between the executive and legislative branches in Taiwan’s pandemic legislation. The executive branch proposed seven bills in response to the pandemic and all were passed swiftly, though some received minor modifications due to the persistence of the legislature. More importantly, bills from the legislature passed only when the executive branch had a bill in the same legislation. This shows that the necessity of a quick response to the pandemic may have enhanced the influence of the executive on legislation. The legislature did not play a role of a rubber stamp, however. Legislators both modified the executive’s proposals and took advantage of these opportunities to pass their own bills.
Wu, Hsing-Hao and Chih-Wei Chen, ‘A Critical Analysis of Legal and Policy Responses to the COVID-19 Pandemic and Its Long-Term Impacts in Taiwan’ (2021) SI Jurnal Undang-undang dan Masyarakat 3–10 Abstract: The COVID-19 pandemic has dramatically impacted public health and economic and social stability worldwide since the WHO’s Public Health Emergency of International Concerns declaration in early March 2020. The COVID-19 virus was first discovered in December 2019 in Wuhan city, China, and eventually resulted in the global pandemic, of which the cumulative cases have reached 181,367,824 at the time of writing. Taiwan encountered severe public health threats because of the frequent travelers as many as 10 million who commuted annually between mainland China and Taiwan. Recognizing the imminent threats arising from an intensive flow of people from mainland China due to the lockdown policy adopted by the Chinese government, Taiwan has adopted strict border control, sophisticated contact tracing and monitoring measures, and most importantly the securing of sufficient Personal Protection Equipment supply for citizens to prevent community spread. Taiwan’s quick and precise COVID-19 response at the early stage of containing the virus has been proven very successful since the outbreak of the COVID-19 global pandemic in late February 2020. Taiwan is now struggling to fight the recent outbreak for lacking sufficient vaccines and testing capacities and shall learn from other country’s experience for countermeasures against a massive epidemic. This article aims to explore the key elements for the early success of containing the COVID-19 virus, including the comprehensive legal framework for preventing infectious disease, highly trained public health officials and governance system, and citizen self-awareness. The article then discusses the potential legal controversies and their long-term impacts on Taiwan. Finally, this article provides the concluding observation and suggestions for fighting massive infectious diseases.
Thailand
Bandaranayake, Ramathi et al, ‘Health-Related Information and COVID-19: A Study of Sri Lanka and Thailand’ (SSRN Scholarly Paper No ID 3877617, 13 May 2021) Abstract: Effective pandemic response necessitates the collection of vast quantities of personally identifiable information. As part of disease surveillance, responders need to be able to identify those who have contracted the disease, trace contacts who may have been exposed, and find out where clusters may be emerging. They also need to be able to ask those who may have been exposed to quarantine, and likely follow up to check if the quarantine is being observed, as well as if those under quarantine have developed symptoms. Information collection for contact tracing and quarantine monitoring can be undertaken in a variety of ways, including testing, case reporting, and interviewing infected persons to find out their travel history and whom they may have recently come into contact with, and then following up with those contacts. However, advances in digital technologies have given rise to newer methods. The COVID-19 pandemic has seen a proliferation of contact tracing applications around the world. Similarly, other forms of data can be harnessed, such as location and GPS data, as well as the use of call records to identify close contacts and monitor quarantines.However, there are numerous challenges in information collection during a pandemic. Especially in a novel pandemic, as knowledge about the nature of the disease and how it spreads is still emerging, responders have to come up with response procedures quickly and often learn on the job. One of the challenges of dealing with infectious diseases, including COVID-19, is combatting the stigma associated with having contracted the disease. While it is necessary for health officials to be aware of who is infected and exposed, the social stigma associated with the disease can incentivise the unwell to hide their symptoms, posing a challenge for health officials. The use of digital technologies has also given rise to concerns about cybersecurity and the protection of personally identifiable information.In this research report, we present our study of information collection methods that were deployed in Sri Lanka and Thailand in the year 2020 during the COVID-19 pandemic. We map out methods, procedures, and technologies that were used, explore lessons learned, and propose policy recommendations for future pandemics.
Drobnik, Marcin Jakub, Ivan Bimbilovski and Shubham Pathak, ‘Space Law and Space Mining, Exploring New Horizons Amid COVID-19 Pandemic’ (2023) 7(Special Issue: COVID-19: Emerging Research) Emerging Science Journal 114–127 Abstract: This study analyses the current scenario with COVID-19 affecting the international and Thai space law, and its impacts and corresponding repercussions upon the Thai economy, ASEAN region and then at international level. The methodology adopted for this study is a mixed method with qualitative research tools collected from key informant interviews and focus group discussions. The data analysis involves the Strength, Weakness, Opportunity, and Threat (SWOT) analysis, which has been integrated with Hierarchical Thematic areas to provide the supporting model for wholesome recommendations through analyzing the findings from the research. The key respondents involved several government officials associated with Thai space agencies and departments, along with judges, lawyers, researchers, academicians, non-government organizations (NGO) officials, and law students. The findings provided the need for adoption of Treaty leading to the creation of a space organization which would be accountable towards setting up a legal framework for commencement of space mining operations. The international space tribunal is to be created under this international space organization to resolve any disputes arising out of space mining. The overall implications of this research would lead to the sharing of the benefits of space mining with both developed and developing countries to enhance sustainable development for all mankind.
Ho, Kim, ‘The Law on the Korea-Thailand Cooperation after the COVID-19’ 30(1) Journal of Korean Association of Thai Studies 87–105 Abstract: The expansion of cooperation between Korea and Thailand has been incremental and its relationship can be reinforced by building the future of the legal infrastructures with new areas. Among the various types of international law, the bilateral agreements between the two countries are the main legal infrastructures for the international cooperation. Through the Korea-ASEAN FTA, they have provided better environments for the economic cooperation for the two countries. Therefore, the possibility of the bilateral FTA achievement is positive in the future. Thailand is becoming one of the ODA donor countries and Korea was in the similar step. They can share its experience as a donor country and work together to improvement the legal infrastructure for common purposes. Then, the concept of the FTA+ODA is useful for the cooperation. After the COVID-19, they have to see the future of the pandemic and new possible cooperation points such as digital field. These new areas can be easily combined with other possible cooperation works such as the refugee or the on-line education areas. The legal supports are also important for the purpose and cooperation works for making better legal infrastructure is needed.
Kongsee, Pongkan, ‘The Issue Implemented and Interpreted Civil Law on the COVID-19 Pandemic Situation as Force Majeure: Focus on Thai Construction Business’ (2022) 15(2) Naresuan University Law Journal 189–212 Abstract: One of the most significant threats that might have an effect on the obligations of the parties to a contract in the construction industry is force majeure. The concept of ‘force majeure’ is fundamentally a civil law phrase, and it may be found in the civil codes of most civil law regimes. However, common law does not recognize it with the same wide meaning and application as civil law does. The law prohibits one or both parties from fulfilling their obligations for reasons that are beyond their control and expectation, the occurrence of a force majeure event has the potential to have a major influence on the performance of the contract. According to the COVID-19 outbreak, COVID-19 scenario and the government anti-pandemic measures deemed or interpreted as force majeure in Thailand construction contract. Thus, it is essential for construction contracts to provide a force majeure clause that has been carefully drafted. This will enable the aggrieved party to delay further execution of the contract’s obligations until the triggering event has passed or, in some instances, to terminate the contract altogether. This paper aims to provide a comparative law analysis of force majeure under the civil law and common law framework of the UK, the US, and Thailand in order to understand the legal implementations in Thailand. Then the duties of the parties to the contract will continue to be a cause of dispute in the future. Therefore, in order to reduce disputes that usually arise in terms of building contracts, analysis of force majeure in construction contracts in Thailand and other countries will be required.
Laikram, Siwarut and Shubham Pathak, ‘Legal Implications of Being a Prostitute Amid COVID-19: A Gender-Based Research in Thailand’ (2021) 41(3) ABAC Journal 90–109 Abstract: Prostitution is illegal under Thai law. However, the sex industry has been a critical part of the Thai economy for many years, such that sex workers have become an integral part of Thai society. Despite its status as illegal conduct, prostitution prevails across the country. Thailand is notorious for its nightlife and the drastically high number of sex workers. These sex workers have been severely affected by the Covid-19 pandemic. This paper aims to explore the legal implications regarding the rights of sex workers in Thailand amid the Covid-19 pandemic. The research is based on a qualitative methodology using key informant interviews and case studies of sex workers in Thailand. The collected data were analyzed through a SWOT analysis and thematic content analysis. The findings revealed that during the Covid- 19 pandemic, sex workers have experienced a loss of income, physical abuse, mental trauma, a lack of accessibility to policymakers and financial institutions, and inadequate risk perception of Covid-19. These factors have adversely affected their livelihoods and limited opportunities to earn a living during 2020.
Limsira, Patthara, ‘The Lawsuit against the United States for Causing COVID-19’ (2020) 13(2) Journal of East Asia and International Law (JEAIL) 233-246 (pre-published version of article available on SSRN) Abstract: The coronavirus disease 2019 (COVID-19) presents varieties of questions concerning not only international law, but also the domestic laws of states affected by this global pandemic. One of legal issues amid COVID-19 pandemic is the state immunity principle. There have been many lawsuits against foreign state challenging the state immunity principle amid the COVID-19 pandemic. In Thailand, the Chiangmai Provincial Court (court) addressed in its judgment that it did not have jurisdiction to adjudicate the compensation for COVID-19 pandemic’s damages dispute between Thai restaurant owner and the United States (US). Notwithstanding surrounding controversies over COVID-19 pandemic, the court considered the motion denied. The main implication of the judgment is that Thailand accepted state immunity principle under customary international law. This research briefly explains the sovereign immunity doctrine relating to this case, summarizes the facts and analyses the potential ramifications of this judgement under international law.
Miller, Derek et al, ‘Overview of Legal Measures for Managing Workplace COVID-19 Infection Risk in Several Asia-Pacific Countries’ [2021] Safety and Health at Work (advance article, published 26 August 2021) Abstract: Background Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. Conclusion Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts.
Narattharaksa, Teeradej and Kanida Nikky Narattharaksa, ‘A Study on Government Laws and Regulations That Do Not Facilitate Public Access to Drugs and Vaccines during Public Health Emergency’ (SSRN Scholarly Paper No 4438714, 5 May 2023) Abstract: The world is currently facing public health problems due to emerging diseases. Current laws, rules, and regulations of the State may, partially or totally, not be conducive to dealing with public health emergencies and for many agencies from the public sector, private sector, and civil society to fulfill their obligations, including public access to drugs and vaccines in a public health emergency. To achieve prevention, supervision, and response to current and future emerging problems the State should operate nationwide with good public governance. State agencies should cooperate and coordinate to improve efficiency in their operations and public service provisions. This principle also applies to a local administrative organization.
Oeur, Il et al, ‘Migrating Perils: Covid-19 Restrictions Disparage Cambodian Migrant Workers, Blurring Legal Status Amid Thai Border Closures’ (Analyzing Development Issues Centre Policy Brief vol 1 issue 1, April 2022) Abstract: Cambodian migrant workers continue to face challenges as many live in rural areas with high poverty rates, insufficient job opportunities, low crop yields, and high levels of household indebtedness. These push factors force Cambodian families to weigh meeting basic needs against personal risk as households engage in labour migration, mainly in neighbouring Thailand. Border closures worsen an already precarious journey. As formal points of entry closed, informal brokerage markets emerged. Informal border crossings invalidated migrant travel documents, and in the process documented migrants lost their legal status, becoming undocumented. Children frequently accompany migrant parents and engage in caretaking of siblings or paid light work — the majority of whom (working children ages 5-17) have limited to no access to schooling. Economic hardships from pandemic restrictions drove many to journey back to Thailand, despite health risks and exploitive costs for informal border crossings.
Pattharawipaporn, Nandaporn, ‘The Problem on Law Regarding the Protection of the Right to Health of Older People in the Situation of the Coronavirus 2019 Pandemic’ (2024) 13(1) Nitipat NIDA Law Journal 57–75 Abstract: This article aims to study the problems regarding the right to health of older people that is lacking protection and promotion properly in the situation of the Coronavirus 2019 pandemic in Thailand. Because of the problems regarding law enforcement improperly for problem solving in public health, discrimination, inaccessibility to state aid and the strict and incompatible with the principle of proportionality measures, that is the measure for older people and care home closing measure. From the study, there were proposals to deal with various problems including 1) Proposed repeal the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005) enforcement. And enforce the Communicable Disease Act B.E. 2558 (2015) mainly in the situation of the Coronavirus 2019 pandemic. By the way, the Communicable Disease Act shall be amended to be compatible with the protection and controlling the pandemic as the severity of the situation of the Coronavirus 2019. 2) Proposed that , the law regarding the protection and the promotion of the right to health of older people should be enforced seriously to facilitate older people to be able to access to medical measures thoroughly and properly. And 3) Proposed repeal lockdown and care home closing measures. But the government should make the public health guidance for older people and care homes by determining the care homes to follow the guidance about measures in care home strictly.
Poocharoen, Ora-orn and Phanuphat Chattragul, ‘Thailand’s Responses to COVID-19 and the Acceleration of Public Sector Reform’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024) Abstract: This chapter provides a description and analysis of policy responses to COVID-19 in Thailand from 2020 to 2021. The government used a combination of strict and innovative responses during the COVID-19 pandemic with the twin goals of curbing both the virus and the swelling of political protests around the country throughout 2020. This chapter offers four features of the Thai context that explain the policy results – the 4Cs. First, the culture in Thailand is such that there is very little physical contact when greeting and interacting. Thais respect doctors and their advice. Second, the government responded in a swift and coordinated manner from the beginning. The Prime Minister set up a central coordinating body to give advice, make decisions, and communicate. Third, Thailand has a strong and long history of 1 million community health workers on the ground. These semi-volunteers played crucial roles in conducting contact tracing, providing accurate information, observing community members, and making initial diagnoses. Fourth is the consensus in Thai society on health issues. There were very few debates related to freedom of movement or freedom of choice, which was observed in other countries.
Srichaiyarat, Panarairat and Ploykwan Lao-Amata, ‘Legal Education During COVID-19 Pandemic: An Experience of a Thai Law School’ (2020) 7(2) Asian Journal of Legal Education 228–230 Extract: If Covid-19 pandemic is like a Tsunami to education at all levels, online teaching and learning are like a lifebuoy to teachers and students. To survive the crisis, teachers and students are forced to rely on technology much more than they used to be. They have to overcome all impediments occurred in online education. However, to become a survivor is not an equal opportunity. For some students, access to online education is severely constrained by their financial status. The pandemic may stay with us for one or two years, then some people believe that online learning will be a new normal in education. On the contrary, many teachers and students still hope that all current abnormalities will vanish and they can be back to their traditional classrooms.
Sutjasen, Arthit, Pritcha Chodchoy and Pimpisa Promma, ‘Assessing Tax Accountants Proficiency in Corporate Income Tax Law During the COVID-19 Era’ (2024) 5(10) International Journal of Religion 2241–2256 Abstract: This study aims to 1) investigate the level of knowledge of corporate income tax laws among tax accountants during the COVID-19 era, and 2) compare the knowledge levels based on individual factors. The sample consisted of 224 accountants in Surat Thani Province, selected through proportional stratified sampling. Data was collected using a questionnaire and analyzed using frequencies and percentages. The Mann-Whitney U test and Kruskal-Wallis test were employed to compare the median knowledge levels of corporate income tax laws across different individual factors. The results revealed that tax accountants have a high overall knowledge of corporate income tax laws (mean=44.07, SD=7.85). Specifically, they demonstrated high knowledge in three areas: the criteria for calculating net profit according to rights and other criteria, the criteria for non-deductible expenses under Section 65 Ter, and the procedures for filing and paying taxes (mean scores of 8.47, 7.84, and 9.21, with SDs of 1.70, 1.91, and 2.40, respectively). Significant differences in knowledge levels were found based on gender, educational level, accounting experience, and types of duties registered with the Department of Business Development, at the 0.05 significance level. These findings highlight the proficiency of tax accountants in key areas of corporate income tax laws while identifying specific gaps needing targeted training. The results underscore the importance of continuous education and professional development tailored to the diverse backgrounds of tax accountants to ensure comprehensive tax compliance and effective management during and beyond the challenges posed by the COVID-19 pandemic.
Tonsakulrungruang, Khemthong and Rawin Leelapatana, ‘Thailand’s Response to COVID-19: Human Rights in Decline and More Social Turbulence’ in in Joelle Grogan and Alice Donald (eds), Routledge Handbook of Law and the COVID-19 Pandemic (Routledge, 2022) 168 Abstract: Thailand has adopted a highly centralised, authoritarian approach to respond to COVID-19 through the use of emergency law. The approach showed early success but that was not sustained. Into the second year of the pandemic, the government of Prayuth Chan-ocha made a series of mistakes about how to achieve economic recovery, the vaccination plan and protection for vulnerable groups. Cases rose exponentially. The state was influenced by its militarised mentality, ineffective bureaucracy and state-business conflict of interest in making public policies. Human rights were considered irrelevant to decision-making. By ignoring the constitutional guarantee of human rights, such as human dignity, equality and the rights to information and free expression, Thailand failed to calculate the true extent of the damage caused by COVID-19 to the economy and society. This led to an unnecessarily high death toll and growing economic inequality, despite Thailand’s world class health services. This failure in turn added fuel to simmering public dissatisfaction with Prayuth and threatened further social turbulence.
Tonsakulrungruang, Khemthong, Rawin Leelapatana and Aua-aree Engchanil, ‘Thailand: Legal Response to Covid-19’ in Jeff King and Octávio Luiz Motta Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (Oxford University Press, 2024) Abstract: Thailand experienced three major waves of Covid-19. The first began in February 2020, with sporadic cases reported. By mid-March, the situation became serious with daily case numbers reaching double-digits, and over a hundred cases per day by the end of March. Numbers finally dropped to below ten cases per day again in late April after an intense lockdown. From May to December 2020, fewer than ten cases were reported daily, most of whom were Thais and foreigners in quarantine. However, in April 2021, the next major wave hit Thailand with over twenty-thousand cases per day. With nationwide inoculation in mid-2021, numbers of new cases abated. The last major wave occurred in early February 2022 before trailing off. In total, as of May_2023, Thailand has reported over four million cases of Covid-19 with more than 34,000 deaths. Although Thailand has faced such a public health crisis before, such as MERS and SARS, but key to Thailand’s initial low case numbers and mortality rate was its robust and efficient universal health care coverage, which was able to respond to the crisis in time. However, the public health system is hindered by Thailand’s volatile politics. From 2014 to 2019, Thailand had been under the rule of the military junta. Under the military junta the Thai bureaucracy lacks political oversight and is now very familiar with an authoritarian style of governance. The Government has been accused of lacking strong leadership and being incapable of formulating sound public policies. It invoked expansive emergency powers to quell Covid-19 but failed to address the socio-economic impact of the pandemic on less well-off Thais.
Zetzsche, Dirk A et al, ‘The COVID-19-Crisis and Company Law: Towards Virtual Shareholder Meetings’ (University of Luxembourg Faculty of Law, Economics & Finance No WPS 2020-007, 15 April 2020) Abstract: Legislation responding to COVID-19 allows us to examine how, and to what effect, the corporate governance framework can be amended in times of crisis. Almost all leading industrialized nations have already enacted crisis legislation in the field of company law. Here, given the difficulties or indeed the impossibility of conducting in-person meetings currently, the overall trajectory of company law reforms has been to allow for digitalization.We note five fields in which legislators have been particularly active. First, the extension of filing periods for annual and quarterly reports to reflect the practical difficulties regarding the collection of numbers and the auditing of financial statements. Second, company law requires shareholders to take decisions in meetings – and these meetings were for the most part in-person gatherings. However, since the gathering of individuals in one location is now at odds with the measures being implemented to contain the virus, legislators have generally allowed for virtualonly meetings, online-only proxy voting and voting-by-mail, and granted relief to various formalities aimed at protecting shareholders (including fixed meeting and notice periods). Third, provisions requiring physical attendance of board members, including provisions on signing corporate documents, have been temporarily lifted for board matters. Fourth, parliaments have enacted changes to allow for more flexible and speedy capital measures, including the disbursement of dividends and the recapitalization of firms, having accepted that the crisis impairs a company’s equity. Fifth and finally, some countries have implemented temporary changes to insolvency law to delay companies’ petitioning for insolvency as a result of the liquidity shock prompted by the imposition of overnight lockdowns.This working paper seeks to (1) document the respective crisis legislation; (2) assist countries looking for solutions to respond rapidly and efficiently to the crisis; (3) exchange experiences of crisis measures; and (4) spur academic discussion on the extent to which the crisis legislation can function as a blueprint for general corporate governance reform. Countries considered in full or in part include Australia, Austria, Belgium, Canada, China, France, Germany, Hong Kong, India, Italy, Luxembourg, the Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Switzerland, Thailand, the United Kingdom, and the United States. Readers are encouraged to highlight any inaccuracies on the part of the authors in their presentation of the respective laws, and to bring further crisis-related legislation not considered in this working draft to the attention of the authors. Moreover, readers are invited to indicate where there is room for improvement therein, and/or to signal the need for policy reform.
Timor-Leste
Barreto, Tibersio et al, ‘Comparison of Covid-19 Handling Between Timor-Leste and Indonesia in a Responsive Legal Perspective’ (2022) 5(10) International Journal of Social Science Research and Review 13–21 Abstract: Efforts to reduce the spread of Corona Virus Disease (Covid-19) require comprehensive efforts, including in the legal realm, which indicates that legal products are appropriate and serve the needs and social interests of the community. Such a law called Nonet and Selznick is responsive law, which basically emphasizes the aspect of substantive justice. (Philippe Nonet & Philip Selznick, 2003). From the theoretical aspect it is clear that good law always responds and makes the law for humans, not humans for law. (Satjipto Rahardjo, 2007). In terms of handling the Corona Virus Disease (Covid-19) which is an emergency, it can be obtained an overview of how the law responds to many events, especially between Indonesia and Timor-Leste. Based on this description, the author is interested in studying more deeply related, How is the Handling of Corona Virus Disease (Covid-19) between Indonesia and Timor Leste in a Responsive Legal Perspective?
Hau, Lucia de Canossa Silva and Ketut Adi Wirawan, ‘Analysis of the Existence of State Law in Implementing a State of Emergency in the Covid-19 Situation in Timor-Leste’ (2023) 6(2) Sociological Jurisprudence Journal 117–122 Abstract: Concerning ‘The Existence of the state of Law in implementing of a State of Emergency in the Covid-19 Situation’ is a constitutional reflection. Regarding state issues in the juridical aspect, the researcher sees that there have been multiple lexical interpretations in the use of the words Estado Emergencia and Estado de Esesaun. In the author’s opinion, this theoretical issue is that the concept of Staatnoodrecht (Netherlands) is divided into two parts, namely Subjective Staatnoodrecht and Objective Staatnoodrecht. There are two formulations of the problem. First, does the real situation of Covid-19, which attacks the population of the entire territory of Timor-Leste, meet the requirements to be declared Timor-Leste in a state of emergency? Second, how is the existence of state law in a state of emergency? This study uses normative juridical methods, including statutory, conceptual, and historical approaches. This research is expected to find basic theoretical ideas to realize the existence of the law state in implementing emergencies in the Covid-19 situation.
Sousa, da Cunha Ricardo, ‘The (New) Normal under the State of Emergency in Timor Leste’ (2022) 22(2) Australian Journal of Asian Law 45–57 Abstract: Timor-Leste has dealt with the challenges posed by the Covid-19 pandemic in the context of a developing state undergoing political crisis with limited resources in the public health sector. The process of simultaneously overcoming this political crisis and fighting the pandemic with existing limited resources involved all the branches of government in strategic cooperation within the framework of the constitutional separation of powers. The result was the declaration of long periods of State of Emergency and the consequent suspension of constitutional rights for periods of time lengthier than originally anticipated. This article argues that this ‘new normal’ affirms the maturity of the constitutional regime in Timor-Leste but questions the future of some of the solutions applied.
Vietnam
Dang, Minh Tuan and Thi Ai Quynh Hoang, ‘The Challenges for the Rule of Law in the State of Emergency and the Case of Vietnam during the COVID-19 Pandemic’ (2024) 8(9) Journal of Infrastructure, Policy and Development Article 7497 Abstract: A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.
Doan, Hai, Jing-Bao Nie and Elizabeth Fenton, ‘The Precautionary Principle in Public Health Emergency Regime: Ethical and Legal Examinations of Vietnamese and Global Response to COVID-19’ [2023] Bioethics (advance article) Abstract: Responses to the COVID-19 pandemic have been widely criticized for being too delayed and indecisive. As a result, the precautionary principle has been endorsed, applauded, and proposed to guide future responses to global public health emergencies. Drawing from controversial issues in response to COVID-19, especially in Vietnam, this paper critically discusses some key ethical and legal issues of employing the precautionary principle in public health emergencies. Engaging with discussions concerning this principle, especially in environmental law where the precautionary principle first appeared as a guiding principle with objective content(s), this paper formulates the precautionary principle as ‘in dubio pro salus’, which is about advising, justifying and demanding states to proactively prepare for scenarios arising out of any public health emergency. It distinguishes the precautionary principle into moderate and hard versions. A moderate version largely takes a holistic approach and fulfils a series of criteria specified in this paper, while a hard version either permits restrictive measures to be deployed primarily on a hypothetic basis or expresses an instrumental mentality. The hard version should be rejected because of the ethical and legal problems it raises, including risk-risk tradeoffs, internal paradoxes, unjustified causing of fear and unreasonable presupposition. Ultimately, this paper defends the moderate version.
Dung, Nguyen Duy and Nguyen Tat Thanh, ‘Limitation of Constitutional Rights in the Context of Covid-19 in Vietnam’ (2023) 11(2) Russian Law Journal 161–168 Abstract: The COVID-19 pandemic is causing severe impacts on the world and Vietnam. Not only does it affect the lives and health of each individual, but it also threatens the economy, politics, and social stability of countries all over the world. Many countries have taken different response measures within their capabilities. But these epidemic prevention and control measures have raised concerns about their effect on the constitutional rights of people in society. This research paper aims to provide an analysis of limitations on constitutional rights in Vietnam in the context of the COVID -19, the deficiency of Vietnamese law on this issue. To achieve its objective, general and specific scientific scholarly research methods, including those denominated concrete-historical, logically historical, system-based, comparative legal (law), among others, are carried out. The paper clarified the legal provisions on constitutional rights, scientific views on the limitation of rights, and the fact of rights limitation in Vietnam in the COVID-19. At the same time, point out the inadequacies in the provisions of Vietnamese law and offer some solutions. The authors argue that the Government of Vietnam has enacted several legal documents restricting constitutional rights at different levels; however, the legality of these documents is a matter of controversy. At present, in Vietnam, the constitutional jurisdiction mechanism is still quite opaque, processes of power control, so far, have not been built in special situations of the society, and there is a lack of tools to assess the reasonableness of limitation of rights. The most important task here is to build completeness and enhance the effectiveness of the legal system, including constitutional norms.
Duong, Anh Son and Kim Hanh Dung Vu, ‘Balancing Medical Needs and Economy Policy in the Covid-19 Pandemic: A Review of the Vietnamese Government Response’ in Yuka Kaneko (ed), Changing Law and Contractual Relations under COVID-19: Reallocation of Social Risks in Asian SME Sectors (Springer Nature, 2023) 79–107 Abstract: The COVID-19 pandemic in Vietnam, notably the fourth wave, which began in April 2021 with the appearance of a new strain of the virus, has had serious consequences for people’s health and livelihoods, as well as presenting unprecedented economic challenges. Faced with this situation, the National Assembly and the government have hastily enacted a series of rules aimed at preventing the spread and breakout of the COVID-19 pandemic while also maintaining social security programs and limiting health and economic damage. The purpose of this research is to examine policies to assist businesses and employees based on an analysis of current rules (updated until September 2021) and a survey of nine businesses, so giving some discussions and suggesting policy recommendations to overcome the pandemic.
Gahlot, Sheetal and Kanwal DP Singh, ‘Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries’ (2024) 17(2) Law and Development Review 331–365 Abstract: The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.
Germanò, Marco André et al, ‘Digital Surveillance Trends and Chinese Influence in Light of the COVID-19 Pandemic’ (2023) Asian Journal of Comparative Law (advance article, published online 23 January 2023) Abstract: Countries across the world expanded digital surveillance strategies in response to the COVID-19 pandemic. As the pandemic occurred contemporaneously with a global trend toward greater digital repression, commentators advanced the notion that China would use the health crisis to promote a technology-enabled form of authoritarian governance abroad. This article surveys the evidence for these claims by first examining the literature on the increase of digital surveillance associated with China and then presenting three case studies from developing countries with varying responses to the COVID-19 pandemic. The selected countries – Brazil, South Africa and Vietnam – used surveillance technology as part of their pandemic response and have either been influenced by Chinese approaches or adopted Chinese technology in recent years. Examining these case studies allows us to better understand claims regarding China’s role in the general spread of digital surveillance and the interplay between Chinese state objectives and local political environments. Crucially, we illustrate how China’s engagement in digital governance abroad is heavily contingent on domestic environments. Against a backdrop of China’s growing influence in global digital governance, the effects observed in these case studies of Chinese surveillance models and technology proliferating through pandemic management are diffuse and contextualised by local factors.
Hong Thao, Nguyen and Le Thi Anh Dao, ‘COVID-19 Pandemic, International Law, and Action Taken by Vietnam’ (2021) 36(5) American University International Law Review 993–1020
Kabir, Tamanna Tabassum and Sakin Tanvir, ‘Misinformation in Media during COVID-19 in Bangladesh: Socio-Legal Analysis of the Infodemic in Comparison with Vietnam & Singapore’ (2022) 22(2) Southeast Asia: A Multidisciplinary Journal 20–38 Abstract: This article examines the misinformation on the COVID-19 pandemic in social media and electronic media, as well as whether the existing legal administration and laws in Bangladesh, Singapore, and Vietnam are adequate to combat the infodemic. People who believe misinformation and fake news about Coronavirus, prevention, and treatment may put their lives in danger. False information about Coronavirus has spread throughout the world, not just in South and Southeast Asian countries, causing widespread concern in the global healthcare community. We employed a qualitative approach as well as the case study analysis method. Case studies were conducted using news reports and news channels. We examined the legal provisions of the People’s Republic of Bangladesh’s Constitution, as well as factual analyses of Singapore and Vietnam. We discovered the impact of misinformation dissemination through social and electronic media, which is prevalent not only among rural Bangladeshis but also in almost all classes in Singapore and Vietnam, and how such influence can be detrimental to the interests of Bangladesh, Vietnam, and Singapore.
Khuyen, HK, ‘Corporate Responsibilities in the Context of COVID-19 Pandemic in Vietnam Currently: Legal Issues and Recommendations for Completion’ (2021) 31(1) Journal of Law and Political Sciences 31–53 Abstract: It can be said that an enterprise towards sustainable development not only focuses on business development but also must do business responsibly and pay attention to social responsibility. In which, enterprises give special priority to the lives of employees;towards preserving the surrounding environment with practical views and actions that are meaningful to the social community, especially in the context of the complicated ongoing Covid-19 pandemic. In addition, enterprises need to stand side by side with the state, employees and the social community to overcome difficulties, not take advantage of the pandemic context to speculate and cheat to appropriate property. From a legal perspective, the article gives the most general overview of a responsible enterprise. On that basis, the article points out the legal provisions on business responsibilities of enterprises, related to business responsibilities of Vietnamese enterprises, and makes recommendations for improvement to ensure the sustainable development of enterprises today and in the process of international integration.
Le, Ho Trung Hieu, ‘Why Does the Government of Vietnam Become Successful in The Fight Against the Covid-19 Pandemic from Legal Perspectives?’ (2022) 1(1) Conference Proceedings of the International Conference on COVID-19 Pandemic and Public Health System 25–42 Abstract: In the hope of limiting the adverse impacts of the COVID-19 pandemic and protecting human health rights, state governments currently endeavor to implement regulations and grant feasible policies to both people and organizations. By contrast to countries failing to prevent this pandemic, there were successful role models in this fight all around the world in 2020, one of which in Asia is Vietnam. The reality indicates that the ratio of reported casualties and infected cases in Vietnam was relatively low in 2020 in spite of the limited medical systems and the high population rate. A question is raised what Vietnam performed a miracle to prevent the COVID-19 pandemic effectively over the time. Currently, Vietnam encounters the fourth phase of the COVID-19 outbreak after the success achieved in the previous three phases. Therefore, the upcoming missions and strategies should be recommended for the Government of Vietnam to overcome current difficulties and maintain success in this fight. To clarify these issues, this study will use a mixed-methodology of qualitative and quantitative approaches to evaluate both past and current policies and measures implemented by the Government of Vietnam as well as public awareness in the fight against the COVID-19 pandemic
Le, Tuyet-Anh T et al, ‘Policy Responses to the COVID-19 Pandemic in Vietnam’ (2021) 18(2) International Journal of Environmental Research and Public Health 559 Abstract: The COVID-19 pandemic has become one of the most serious health crises in human history, spreading rapidly across the globe from January 2020 to the present. With prompt and drastic measures, Vietnam is one of the few countries that has largely succeeded in controlling the outbreak. This result is derived from a harmonious combination of many factors, with the policy system playing a key role. This study assessed the policy responses to the COVID-19 pandemic in Vietnam from the early days of the outbreak in January 2020 to 24 July 2020 (with a total of 413 cases confirmed and 99 days of no new cases infected from the local community) by synthesizing and evaluating 959 relevant policy documents in different classifications. The findings show that the Vietnamese policy system responded promptly, proactively, and effectively at multiple authority levels (33 different agencies from the national to provincial governments), using a range of policy tools and measures. Parallel to the daily occurrence of 2.24 new cases, 5.13 new policy documents were issued on average per day over the study period. The pandemic policy response over the first six months in Vietnam were divided into four periods, I (23 January–5 March), II (6–19 March), III (20 March–21 April), and IV (22 April–24 July). This paper synthesizes eight solution groups for these four anti-pandemic phases, including outbreak announcements and steering documents, medical measures, blockade of the schools, emergency responses, border and entry control measures, social isolation and nationwide social isolation measures, financial supports, and other measures. By emphasizing diversification of the policy responses, from the agencies to the tools and measures, the case study reviews and shares lessons from the successful COVID-19 prevention and control in Vietnam that could be useful for other nations.
Luong, Hai Thanh, ‘Community-Based Policing in COVID-19: A 4-P’s Priorities of Vietnam’s Police’ (2021) 31(10) Policing & Society 1217–1231 Abstract: While the COVID-19 pandemic is still infecting without unpredictable estimations around the world, the role of law enforcement in the deal with this crisis is still debating. Mainly, among multidisciplinary research studies, the question of policing and police responses to deal with this virus is necessary to look for different approaches and several comparisons between national, regional, and international scale. This paper is the first study to introduce and analyse the model of community policing in COVID-19 in Vietnam as a new lens to balance between sensor and convince in policing. Using mixed methods research to combine between primary and secondary data in the period of five continuous phases, from January to July 2020, the study looks for how the 4-P’s approach in policing of Vietnam contributed to limit the spread of the virus. Main findings pointed out that proactive activities, propaganda approaches, protective measures, and preventable forms are prioritised to implement in the community-based policing (CBP) to prevent and combat COVID-19. Depending on each scenario and relevant requirement, these four initiatives of Vietnam’s police will be conducted as flexible and harmonic as possible based on people-centred approaching. Finally, the paper identifies some practical recommendations that need further discussions to improve the effectiveness of CBP in health crisis in the future.
McLaren, Helen Jaqueline et al, ‘Covid-19 and Women’s Triple Burden: Vignettes from Sri Lanka, Malaysia, Vietnam and Australia’ (2020) 9(5) Social Sciences 87 Abstract: During disease outbreaks, women endure additional burdens associated with paid and unpaid work, often without consideration or the alleviation of other life responsibilities. This paper draws on the concept of the triple burden in theorizing the gender divisions in productive and reproductive work and community activities in the context of disaster. Events that include famine, war, natural disaster or disease outbreak are all well documented as increasing women’s vulnerability to a worsening of gendered burdens. In the case of the Covid-19 coronavirus pandemic, this is no different. Focussing on Sri Lanka, Malaysia, Vietnam and Australia, the four vignettes in this paper serve to highlight the intersections between Covid-19 and gendered burdens, particularly in frontline work, unpaid care work and community activities. While pre-disaster gender burdens are well established as strong, our analysis during the early months of the pandemic indicates that women’s burdens are escalating. We estimate that women will endure a worsening of their burdens until the pandemic is well under control, and for a long time after. Public policy and health efforts have not sufficiently acknowledged the issues concerned with the associations between gender and disease outbreaks.
Nguyen, Duc Tien, ‘“Authorized to Depart from the Law”: The Curious Case of Viet Nam in Times of COVID-19’ (2023) 44(1) Statute Law Review Article hmab022 Abstract: The COVID-19 pandemic has posed myriad brain-wracking questions to decision-makers at all levels. Viet Nam managed to curb mortality and morbidity to praiseworthy levels in the past COVID-19 waves, however, has now had its back against the wall amidst the recent exponential infection cases and draining medical resources. For swiftly flattening the curve, the legislature authorized the Government to take bolder steps where needed, even different from the laws. This article argues that while the empowerment comes from the goodwill of the legislature for the purpose of containing the raging outbreak, there remain procedural irregularities. This should garner more attention from the state authority to ensure the rule of law and legality of all state actions during the time of public health emergency.
Nguyen, Duc Tien and An Thanh T Chu, ‘Weathering the Storm: Viet Nam’s Legal and Policy Measures in the Time of COVID-19’ [2020] (Special Issue 2) Public Administration Issues 7–32 Abstract: The novel coronavirus has shaken the entire world to its roots. Yet, governments’ responses have taken many forms. Some countries were able to flatten the curve, while others struggled to pick up the pieces. This article provides governance implications drawn from Viet Nam’s COVID-19 experience. Accordingly, the country’s key features of its COVID-19 responses include resolute leadership, information transparency, central – local government coordination, public participation, and adequate preparedness. Besides, this article also highlights some of Viet Nam’s key legislative and policy initiatives in a bid to cautiously keep the pandemic under control and the economy rolling. By doing so, it makes a practical contribution to the discourse on public governance in the time of a public health emergency.
Nguyen, Thanh Khuong, ‘E-Learning Satisfaction during the Covid -19 Epidemic: Evidence from a Vietnam-Based Law School’ (2022) 2(3) International Journal of TESOL & Education 167–182 Abstract: The purpose of this research is to investigate the association between system, information, service quality, perceived ease of use, perceived usefulness, and learner satisfaction with e-learning in Vietnam during the Covid-19 era. The research collected 612 answers from current law students at Ho Chi Minh University of Law using a questionnaire-based survey and sampling by convenience. To validate the hypotheses, structural equation modeling was used. Except for the association between system quality and learner satisfaction, all quality factors were shown to positively impact learner satisfaction. In addition, the present research demonstrated that perceived usability and value moderate the link between quality and students’ partial and complete satisfaction. This is the first research to examine the relationship between perceived ease of use, perceived usefulness, and student happiness in a platform-based setting. In addition, this research has major implications for education administrators who want to successfully retain students by bolstering the elements that contribute to student satisfaction with online learning.
Nguyen, Trang (Mae), ‘Vietnam’s Responses to COVID-19: Local Governance and Bureaucratic Coordination’ in M Jae Moon and Dong-Young Kim (eds), Policy Responses to the COVID-19 Pandemic (Routledge, 2024) Abstract: This chapter analyzes Vietnam’s particularly successful early pandemic response in 2020, during a critical period where little was known about the coronavirus and the development of a vaccine was uncertain. Without consistent or time-tested best practices, each country had to act fast to deal with a rapidly evolving pandemic situation on its own border. As the COVID-19 pandemic rapidly spread throughout the globe in 2020, the prospects for Vietnam, the fifteenth-most populous country in the world, with 96 million people and extensive borders with China, did not look bright. It, however, managed to beat the odds (Oxford University Nuffeld Department of Medicine, 2020). As of year-end 2020, Vietnam reported just under 1,500 confirmed cases of COVID-19 and 35 deaths (Johns Hopkins University of Medicine, 2021). According to public health data from John Hopkins University, which has been tracking COVID outbreaks worldwide, Vietnam’s single-party state was, by 2020, the second safest place on earth during the pandemic, just behind Taiwan, and about 3,000 times less deadly than either the United States or the United Kingdom (ibid.). Having earned high praise for its early pandemic response, Vietnam was one of the first countries able to ease social distancing measures and reopen its society, ahead of many more developed peers (Nguyen & Malesky, 2020; Fleming, 2020; Sang Minh Le, 2020). The effective public health response further enabled quicker economic recovery. The World Bank, for example, forecasted that Vietnam was among a rare group of countries that managed to experience positive economic growth in 2020 (World Bank, 2021a, 2021b).
Oanh, TTD and NB An, ‘Legal Aspects and Practice of Guarantee of Employees’ Rights in Being Unilaterally Terminated Labor Contract in the Context of COVID-19 Pandemic in Vietnam’ (2021) 31(1) Journal of Law and Political Sciences 142–158 Abstract: From 2020, the Covid-19 pandemic in Vietnam has raised a new issue on ensuring the rights of employees in the unilateral termination of labour contracts due to dangerous epidemics. This issue requires legal scientists and legislators to research measures to perfect the law in line with the development of the digital age in order to ensure the rights of workers, the right to freedom of business of the employer and the interests of the State.
Phuong, Nguyen Thi, ‘Religion, Law, State, and Covid-19 in Vietnam’ (2020) 8(2–3) Journal of Law, Religion and State 284–297 Abstract: The Vietnamese state has issued numerous measures to prevent the spread of covid-19 in the country. This paper shows how the state used the law to manage religious activities for the purpose of public health during the epidemic. We argued that because of legal, institutional, and religious factors, the Vietnamese state was successful in establishing cooperation with religious organizations to implement measures restricting religious activities to limit the spread of the epidemic in the country.
Thao, Le Thi, ‘The Impact of the Covid-19 Pandemic on Legal Policies on Investment and Business Activities of Commercial Banks in Vietnam’ (2023) 11(2) Russian Law Journal 338–348 Abstract: The COVID-19 pandemic has hit all corners of the world, causing many negative impacts on the economies of many countries, including Vietnam. Faced with these influences, the Government of Vietnam has adopted many policies and laws to regulate the banking system, especially investment and business activities of commercial banks. The article is based on the use of secondary documents from the State Bank of Vietnam, commercial banks, domestic and foreign studies on legal policies on investment business activities of commercial banks and recommendations on improving legal policies on business investment activities of commercial banks as a basis and conditions for businesses and people to resume production and business.
Trung, Nguyen T and Nguyen Q Duong, ‘The Legislative and Political Responses of Viet Nam to the Covid-19 Pandemic: The Balancing of Public Health and Collective Civil Liberties’ in Nadav Morag (ed), Impacts of the Covid-19 Pandemic (Wiley, 2022) 209–234 Abstract: This chapter addresses two issues: first, whether there has been a paradigm shift in the legal and political responses of the Vietnamese government during the different waves of the Covid-19 pandemic; and, second, whether the enjoyment of civil liberties in Viet Nam have been adversely affected as a the result of the measures put into place by the Vietnamese authorities to combat the Covid-19 virus. It provides an overview of the legal framework in combating infectious diseases in Viet Nam, including the 2013 Constitution, the 2007 Law on prevention and control of infectious diseases, the Criminal Code 2015, related governmental decrees, and administrative documents. The chapter focuses on the measures implemented by the Vietnamese government to address the Covid-19 pandemic, such as the tracking and tracing system and the rules on mandatory quarantine and social distancing measures.
Truong, Quang-Thai et al, ‘COVID-19 in Vietnam: What Happened in the Stock Market?’ (SSRN Scholarly Paper No ID 3633754, Social Science Research Network, 23 June 2020) Abstract: The purpose of this paper is to investigate the performance of the stock market during the outbreak of the novel Coronavirus (COVID-19) in Vietnam- a frontier country that successfully tackles the outbreak of this pandemic. Employing data from 11 different industries and more than 700 firms from two main stock exchanges from January 23, 2020 (the first case reported in Vietnam), results suggest that COVID-19 exerts heterogeneous impacts on different industries. Moreover, when focusing on firm-level, results depicts that firms with a better financial background (leverage, liquidity, profitability, and cash holdings) have better stock performance.
Vucong, Giao and Tri Uc Dao, ‘State of Emergency in Vietnamese Law: Reflections on the Government Response to the Covid-19 Pandemic’ (2022) 22(2) Australian Journal of Asian Law 5–19 Abstract: This article explores the Vietnamese government’s response to the Covid-19 pandemic, to examine the rationality and effectiveness of Vietnamese law on the state of emergency. In so doing, it investigates interpretations of the Constitution of Vietnam regarding emergency powers. The authors argue that although Vietnam has various regulatory provisions on state of emergency (including: emergency measures; decision-making processes; substantial criteria for entering and lifting the state of emergency; and legal remedies for, and consequences of, violation of emergency measures) many are not clearly or properly defined. Legally, emergency powers, especially the power of the executive, therefore, cannot be controlled. With tacit permission from the Communist Party, the loopholes in the current legal framework on the state emergency have allowed the application of extra-legal government decisions in response to the Covid-19, revealing structural weaknesses in the rule of law in Vietnam.
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