Local Chapter Legal Writing - ALSA LC UI by ALSA Indonesia

LOCAL CHAPTER LEGAL WRITINGS

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ALSA Legal English Trivia By: Elaine Chairmandy Afla and Safira Helmi Undergraduate Student at Universitas Indonesia Staff of English Development ALSA LC UI Board of 2020 Legal English is the type of English used in the courtroom, legal writing, and other legal works. Accurate and precise communication is important in the legal field. Learning legal terms is essential for your career if you are studying law. Therefore, you should give special emphasis to it. 1. ADMINISTRATIVE LAW Administrative law (Hukum Administrasi Negara) is the body of law that governs the administration and regulation of government agencies.1 -

Judicial Review: The power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.2

Authority (Kewenangan): A right coupled with the power to do an act, or order others to act and to make sure that the laws are obeyed.3

Discretion (Diskresi): The power of a judge, public official, or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines.4

Will Kenton, “Administrative Law,” https://www.investopedia.com/terms/a/administrative-law.asp, accessed on April 18th, 2020. 2 C. Neal Tate, “Judicial Review,” https://www.britannica.com/topic/judicial-review, accessed on April th 18 , 2020. 3 Collins, “Authority,” https://www.collinsdictionary.com/dictionary/english/authority, accessed on April 19th, 2020. 4 US Legal, “Discretion,” https://definitions.uslegal.com/d/discretion/, accessed on April 27th, 2020.

The Principle of Accountability (Asas Akuntabilitas): One of the general principles of good governance. The state administrator is responsible to those who will be affected by its decisions or actions.5

2. CRIMINAL LAW Criminal law (Hukum Pidana) is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.6 -

Allegation (Tuduhan): A statement of alleged fact contained in a complaint (a written plea filed to initiate a lawsuit), a criminal charge, or an affirmative defence (part of a written reply to a complaint). It is only an allegation until every statement is proven. If the person making the statement is not certain of a fact, some allegations are made “on information and belief”.7

Material Crimes (Delik Materiil): The offense is only considered to occur after the emergence of the consequences that are prohibited and threatened with criminal sanctions by law.8

Culpa (Kealpaan): Applied to acts of commission and omission in both tort and contract cases. It implies the failure to perform a legally imposed duty, or Negligence.9

United Nations Economic and Social Commission for Asia and the Pacific, “What is Good Governance?," https://www.unescap.org/sites/default/files/good-governance.pdf, accessed on May 12th, 2020. 6 Encyclopædia Britannica, “Criminal Law,” https://www.britannica.com/topic/criminal-law, accessed on th May 31 , 2020. 7 Legal Dictionary, “Allegation,” https://dictionary.law.com/Default.aspx?selected=2387, accessed on May th 29 , 2020. 8 Kelas Hukum, “Delik Materiil,” https://kelashukum.com/2019/10/26/jenis-jenis-tindak-pidana-menurutdoktrin-atau-ilmu-hukum-pidana/, accessed on June 4th, 2020. 9 Farlex, “Culpa,” https://legal-dictionary.thefreedictionary.com/culpa, accessed on June 4th, 2020.

Penology (Penologi): The science of prison administration and rehabilitation of criminals.10

Modus Operandi (M.O.): It describes how a particular crime was committed. It does not have to be proven in court at any time. Often used for cases where the accused appears to follow a pattern of behavior each time a crime is committed.11

Mens Rea: A criminal legal term that helps determine a defendant’s overall mental intent for criminal liability. For many crimes, a defendant must perpetrate a criminal act under a certain frame of mind, or the mens rea, to be found guilty.12

The Principle of Legality (Asas Legalitas): No one may be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time it was committed; nor may a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed.13

Tempus Delicti: The time of crime. When the criminal act happened; it should consider all the acts from the start and the end of the criminal act by the perpetrator.14

3. CORPORATE LAW Corporate law is the body of law that governs the rights, relations, and conduct of persons, companies, organizations, and businesses. A principal function of corporate law 10

Farlex, “Penology,” https://legal-dictionary.thefreedictionary.com/penology, accessed on June 4th, 2020. Rasmussen College, “30 Legal Terms Every Future Criminal Justice Professional Should Know,” https://www.rasmussen.edu/degrees/justice-studies/blog/legal-terms-every-future-criminal-justice-pro-shouldknow/, accessed on June 9th, 2020. 12 LawFirms, “Definition of Criminal Legal Terms,” https://www.lawfirms.com/resources/criminaldefense/glossary-common-terms.htm, accessed on June 9th, 2020. 13 IHL Database, “Rule 101. The Principle of Legality,” https://ihl-databases.icrc.org/customaryihl/eng/docs/v1_rul_rule101, accessed on June 10th, 2020. 14 Menurut Hukum, “Pengertian Locus Delicti dan Tempus Delicti,” https://menuruthukum.com/2019/12/06/pengertian-locus-delicti-dan-tempus-delicti/, accessed on June 10th, 2020. 11

is to provide business enterprises with a legal form which include things that come directly from the life-cycle of a corporation such as legal personality, limited liability, transferable shares, delegated management under a board structure, investor ownership, and others. 15 -

Initial Public Offering (IPO): The process by which a private company can go public by sale of its stocks to general public.16

Acquisition (Akuisisi): Any legal act committed by a legal entity or an individual to acquire shares of a company, resulting in the control over such a company passing.17

Capital Market (Pasar Modal): The market for long-term funds where securities such as common stock, preferred stock, and bonds are traded.18

Shareholders (Pemegang Saham): An owner or investor in a corporation. Commonly also known as “stockholders” and “shareowner”.19

Limited Liability Company (Perseroan Terbatas): A form of business organization with the liability-shield advantages of a corporation and the flexibility and tax pass-through advantages of a partnership.20

John Armour, Henry Hansmann, and Reinier Kraakman, “The Essential Elements of Corporate Law: What is Corporate Law?”, Harvard John M. Olin Center for Law, Economics, and Business Discussion Paper No. 643. (July 2009): 2-5. 16 The Economic Times, “Definition of IPO,” https://economictimes.indiatimes.com/definition/ipo, accessed on July 1st, 2020. 17 Indonesia, Undang-Undang tentang Perseroan Terbatas (Law regarding Limited Liability Companies), UU No. 40 Tahun 2007, LN No. 106 Tahun 2007 (Law Number 40 Year 2007, SG No. 106 Year 2007), art. 1(11) and art. 125(3). 18 David Logan Scott, Wall Street Words: An A to Z Guide to Investment Terms for Today’s Investor, 3rdEd. (Boston: Houghton Mifflin Company, 2003), s.v. “Capital Market”. 19 US Legal, “Corporations Shareholders Law and Legal Definition,” https://definitions.uslegal.com/c/corporations-shareholders/, accessed on July 1st, 2020. 20 Entrepreneur, “Limited Liability Company,” https://www.entrepreneur.com/encyclopedia/limitedliability-company, accessed on July 1st, 2020.

Debt Financing: Occurs when a firm raises money for working capital or capital expenditures by selling debt instruments to individuals and/or institutional investors. In return for lending the money, the individuals or institutions become creditors and receive a promise that the principal and interest on the debt will be repaid.21

Ultra Vires: Beyond the powers. The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.22

Due Diligence: In a broad sense refers to the level of judgement, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances.23

James Chen, “Debt Financing,” https://www.investopedia.com/terms/d/debtfinancing.asp, accessed on July 1 , 2020. 22 Farlex, “Ultra Vires,” https://legal-dictionary.thefreedictionary.com/ultra+vires, accessed on July 1st, 2020. 23 US Legal, “Due Diligence,” https://definitions.uslegal.com/d/due-diligence/, accessed on June 27th, 2020. st

Relocation of Indonesia’s Capital to East Kalimantan: Best Solution Towards Significant Problems in Jakarta? By: Muhammad Dhafin Mahran and Nasya Ayudianti Undergraduate Student at Universitas Indonesia Staff of Legal Research and Development ALSA LC UI Board of 2020 “A stitch in time saves nine.1 – Floodings, traffic, and pollution are just the tip of the iceberg of problems in Jakarta. Likewise, the English saying, it is better to deal with the current capital city’s problem immediately than to wait for it to be unmanageable.” Reminiscing the past, the plan to move the capital in Indonesia is not a new issue. In its development, the government has considered the relocation of the capital since the era of former President Ir.Soekarno.2 Eventually, on August 26th 2019, President Joko Widodo has officially announced that two regencies in East Kalimantan, North Penajam Paser regency and Kutai Kartanegara regency, are set to be the new capital city of Indonesia.3 The government selected these two regencies based on several reasons, specifically the minimum risk of disaster, strategic location (in the middle of the Indonesian territory), nearby to the developing city areas such as Samarinda and Balikpapan, complete infrastructure, and the vast availability of land.4 This announcement seems to be the manifestation of the government’s commitment to utterly move the capital. The new capital city will act as the centre of government, while Jakarta would remain the country’s business and economic centre. 1

Cambridge Dictionary, “A stitch in time, saves nine”, accessed on https://dictionary.cambridge.org/dictionary/english/a-stitch-in-time-saves-nine on July 6th 2020. 2 Amirullah, “Rencana Pemindahan Ibu Kota Dari Era Soekarno Hingga Jokowi”, https://nasional.tempo.co/read/1200537/rencana-pemindahan-ibu-kota-dari-era-soekarno-hinggajokowi/full&view=ok, accessed on June 19th 2020. 3 Marchio Irfan Gorbiano, “BREAKING: Jokowi Announces East Kalimantan as Site of New Capital”, (August 26, 2019), https://www.thejakartapost.com/news/2019/08/26/breaking-jokowi-announces-eastkalimantan-as-site-of-new-capital.html, accessed on June 19th 2020. 4 Lizsa Egeham, “Ini Alasan Jokowi Pilih Penajam Paser Utara dan Kutai Kartanegara sebagai Ibu Kota Baru RI”, https://www.liputan6.com/news/read/4047080/ini-alasan-jokowi-pilih-penajam-paser-utara-dan-kutaikartanegara-sebagai-ibu-kota-baru-ri, accessed on June 19th 2020.

Based on the plan document, and design criteria presented by the Ministry or Agency of National Development Planning (Badan Perancangan Pembangunan Nasional or “Bappenas”), there are several stages of the capital relocation.5 The relocation process will take a long time in the development stage and is projected to take up to 24 years, starting from the year 2021-2045.6 In 2021-2024 the government will build a central region of government that requires a land area of about 2,000 hectares (Ha).7 The core area will include National Palace, state institution offices (executive, legislative, and judicial), cultural parks, and botanical gardens.8 In 2025-2029 the government will build the country’s capital region, which includes housing of Civil State Apparatus (Aparatur Sipil Negara or “ASN”), Indonesian National Army (Tentara Nasional Indonesia or “TNI”), and Indonesian Police (Kepolisian Negara Republik Indonesia or “Polri”).9 Furthermore, the year 2030-2045 will be the final stage of government plan development.10 In this timeframe, the government will establish a national park and the conservation of orangutans, considering the territory of the country’s capital will be built in a forest area and the concept of Forest City.11 This relocation means that the new capital will not be completed by one government period in Indonesia. Before discussing the aspects that have to be taken into account, we also need to discuss the fundamental reason for moving the capital. There are at least various reasons why Indonesia should move the capital city from Jakarta based on various considerations that the government considers urgent. Those reasons are high urbanization rate and population concentration

the

Jakarta-Bogor-Depok-Tangerang-Bekasi-Puncak-Cianjur

(“Jabodetabekpunjur”) area, high congestion and commuting time, air and water pollution,

Vadhia Lidyana, “Ini Tahapan Pemindahan Ibu Kota ke Kalimantan”, https://finance.detik.com/properti/d-4675445/ini-tahapan-pemindahan-ibu-kota-ke-kalimantan, accessed on 21st June 2020. 6 Ibid. 7 Ibid. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid.

flooding, and potential earthquake threats.12 One of the main reasons for the capital’s movement is to separate the concentration of business and administration in the current capital, DKI Jakarta. DKI Jakarta as the governmental administrative centre and business has become too crowded with the current population of approximately 10,57 million people in 2020.13 The crowding of the capital city is a result of migration from other regions in Indonesia due to safety and economic opportunities. As the capital city, DKI Jakarta develops vastly creating more job and economic opportunities. Even to this date, there are many residents of suburban areas such as Depok, Bogor, and Bekasi who work in Jakarta. By 2020, DKI Jakarta has a population density of an estimated 16.704 people/km².14 The high population and density of Jakarta have created a lot of problems in the city such as traffic, pollution, poverty, and homelessness.15 President Joko Widodo stated that the capital city, DKI Jakarta, has a lot of burden being the centre of governance, business, service, and the largest airport and port in Indonesia.16 The plan to move the capital is based on the idea to deconcentrate the city as a centre of business and governance as well as establishing equitable development. A sequence of reasons and facts shows that relocating the capital encloses a multidimensional aspect, political, sociological, and economic. Aside from those aspects, legal aspects should also be prioritized and examined comprehensively, considering that the

Dian, F., “Overview Kajian Pemindahan Ibukota oleh Bappenas.” https://www.academia.edu/40177431/Overview_Kajian_Pemindahan_Ibukota_oleh_Bappenas, accessed on 19th June 2020. 13 Dwi Hadya Jayani, “Proyeksi Jumlah Penduduk DKI Jakarta 2020”, databoks.co.id, https://databoks.katadata.co.id/datapublish/2019/12/07/jumlah-penduduk-dki-jakarta-2020, accessed on 20th June 2020. 14 Portal Statistik Sektoral Provinsi DKI Jakarta, “Kepadatan Penduduk di Jakarta”, http://statistik.jakarta.go.id/berapa-kepadatan-penduduk-dki-jakarta-saat-ini/, accessed on 20th June 2020. 15 Ardhito Ramadhan, “Warga: Jakarta Sudah Kepenuhan, Saatnya Pindah Ibu Kota”, https://nasional.kompas.com/read/2019/08/28/06300041/warga--jakarta-sudah-kepenuhan-saatnya-pindah-ibukota-?page=all, accessed on 20th June 2020. 16 Hendra Kusuma, “Ibu Kota Pindah, Jokowi: Beban Jakarta Sudah Terlalu Berat”, detikFinance, accessed through https://finance.detik.com/properti/d-4681163/ibu-kota-pindah-jokowi-beban-jakarta-sudahterlalu-berat, accessed on June 20th 2020.

existence of regulation in the form of law can become the legal basis of taking any policy.17 However, until now, the government has not legalized any laws supporting the relocation of capital. Although President Joko Widodo has officially announced the relocation of the capital city, the announcement is not a legal act that implements the juridical aspects and does not contain a legal basis under applicable law. While the law will be a referral to set a budget that must be prepared as it cannot be issued without a legitimate basis; that is, the law.18 Analyzed from the aspect of constitutional law, the status of the current capital is held by the Special Region of the capital of Jakarta (Daerah Khusus Ibukota Jakarta or “DKI Jakarta”). The status is based on Law No. 10 of 1964 Article 1 concerning Statement of the Special Capital Region of Jakarta Raya Stays as the Capital of the State of the Republic of Indonesia under the name Jakarta that states, “DKI Jakarta remains as the Republic of Indonesia’s capital under the name of JAKARTA.” Law No. 10 of 1964 is still legitimate under the provisions of Law No. 29 of 2007 Article 36 concerning The Provincial Government of DKI Jakarta as the Capital of the Unitary Republic of Indonesia, which stated that “the legislation relating to the provincial government of DKI Jakarta shall remain in effect as long as it is not contradictory or not specifically stipulated in this Law.”19 Furthermore, Law No. 29 of 2007 Article 3 also affirmed the status of DKI Jakarta as the capital. Therefore, in the case of moving the capital, it is necessary to adjust to the prevailing law that states DKI Jakarta is the capital with a note the new capital is already entirely built, so it will not create a legal vacuum. Such changes can be initiated by revoking Law No. 29 of 2007, Law No. 10 of 1964, and/or other derivatives regulation by making a Bill

Faisal Irfani, “Aspek Hukum yang Mengikat Saat Jokowi akan Memindahkan Ibu Kota”, https://tirto.id/aspek-hukum-yang-mengikat-saat-jokowi-akan-memindahkan-ibu-kota-efX7, accessed on June 20th 2020. 18 DPR, “Pemindahan Ibukota Negara Harus Berdasar Kekuatan Hukum Tetap”, http://dpr.go.id/berita/detail/id/25707/t/Pemindahan+Ibukota+Negara+Harus+Berdasar+Kekuatan+Hukum+Teta p#:~:text=Pemindahan%20Ibu%20Kota%20Negara%20Indonesia,yang%20menjadi%20kekuatan%20hukum%2 0tetap.&text=Dasar%20hukumnya%20adalah%20UU.,tentang%20ibukota%20ada%20di%20Jakarta, accessed on June 29th 2020. 19 Alfin Sulaiman, “Wacana Pemindahan Ibukota Negara RI”, https://www.hukumonline.com/berita/baca/lt5cca94fae9eb4/wacana-pemindahan-ibukota-negara-ri-oleh--alfinsulaiman/, accessed on June 20th 2020.

concerning Capital City Relocation. Other than that, the government can also establish the status of new capital as a statutory and/or higher statutory regulation. Another point to consider in this aspect is the regulation of the new regional forming for the capital. Based on information from the Minister or Head of Bappenas, the plan to move the capital is by combining two districts in the Province of East Kalimantan to form a new province. Moreover, the government has not decided whether the placement of the new capital will be located in the new expansion area, either province, regency, or city. However, he assured that the capital would be a special Area (daerah khusus).20 Regardless of the decision, the government still needs to pay attention to Law No. 9 of 2015 concerning the Regional Government and Government Regulation No. 78 of 2007 concerning Procedures for Forming, Eliminating, and Merging Areas as the legal basis for the new local government form of the capital because combining the two regencies and forming a new province in East Kalimantan Province is considered as regional expansion regulated in the aforementioned laws. Moving on to the legal aspects of spatial planning, relocating the capital to the East Kalimantan area will create a change in the function of space use. The government must pay attention to Article 14 Paragraph (2) of Law No. 26 of 2007 concerning Spatial Planning that states the general spatial plan is hierarchically composed of the national plan, followed by provincial, regency, and city spatial plan. Furthermore, as stated in the Provincial Regulation of East Kalimantan Province No. 01 of 2016 concerning East Kalimantan Provincial Spatial Plan in 2016-2036, the East Kalimantan government has established a policy on its provincial territory. With the relocation of the capital, it can be observed that there will be a change in the function or allocation of spatial use. Hence due to those changes, the government needs to pay attention to Law No. 26 of 2007 as a cornerstone of the capital spatial plan law and modify the Provincial Regulation of East Kalimantan Province No. 1 of 2016.

Feri Agus, â&#x20AC;&#x153;Bappenas Sebut Ibu Kota Baru Jadi Daerah Khususâ&#x20AC;?, https://www.cnnindonesia.com/ekonomi/20191223165428-532-459425/bappenas-sebut-ibu-kota-baru-jadidaerah-khusus, accessed on June 20th 2020.

Acknowledging all these means, moving the capital city would undoubtedly require a lot of preparations, including planning the location of existing state institutions. As the reason for moving the capital is to separate the centre of governance and business, we need to understand how the state institutions should be placed accordingly to the reason. According to Prof. Jimly Asshiddiqie state institutions functions are divided into executive, legislative, and judicial power. Executive state institutions exist in the form of ministries that function to coordinate with other bodies of its speciality to execute programs. Legislative bodies exist in the form of the People's Consultative Assembly (Majelis Permusyawaratan Rakyat or “MPR”), the People's Representative Council (Dewan Perwakilan Rakyat or “DPR”), and the Regional Representative Council (Dewan Perwakilan Daerah or “DPD”). A Judicial government exists in the form of the judiciary, Constitutional Court (Mahkamah Konstitusi or “MK”), and Supreme Court (Mahkamah Agung or “MA”). Aside from these, however there are also state institutions that function as financial services, trade, and industry such as Bank Indonesia, Financial Services Authority (Otoritas Jasa Keuangan or “OJK”), and Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM”). In the case of moving the capital, the new capital in Kalimantan will function as the centre of governance meanwhile Jakarta will continue being the centre of business and finance. This means although the executive, legislative, and judicative will be moved to the new capital, state institutions namely OJK, Bank Indonesia, and BKPM will have to stay in Jakarta. If financial state institutions are going to be moved, other institutions such as financial, banks, and insurance are going to be moved as well. However, acknowledging that financial state institutions would not be moved, the DPR would have to revise Article 5 of Law No. 23 1999 regarding Bank Indonesia that states for Bank Indonesia to be located in the state’s capital and Article 3 of Law No. 21 2011 regarding Financial Services Authority that states for OJK to be located in the state’s capital. In connection with the plan for the relocation of the capital, the implementing regulation in the defence sector should also be adjusted considering that in addition to the central government. The plan of the relocation of the capital to East Kalimantan will also be followed by the transfer of the defence system to the new state capital by moving the former

headquarters of the TNI and the Polri. Based on this consideration, Law No. 3 of 2002 concerning National Defence needs to be adjusted. National defence is the function of governance that serves to protect the nation.21 The defence system in the current capital city has its functions divided. Notably, a special unit formed from TNI to guard the State Palace as the last palace of national defence. To execute its function, the national defence council is led by the President with duties to review, evaluate, and formulate integrated national defence policies, reviewing, assessing and compiling an integrated policy on the mobilization of the national defence component in the context of mobilization and demobilization and assess the risk of the policy to be determined.22 In order to execute its functions, the defence system has to be moved to the new capital. Aside from Indonesia, other nations have had the idea and executed the relocation of the stateâ&#x20AC;&#x2122;s capital. Countries such as the United States of America, Australia, Myanmar, and Malaysia have moved their stateâ&#x20AC;&#x2122;s capital and separated the governance and business central of the country. Back in 1999, Malaysia moved its governance centre while simultaneously separating it with the business and financial centre from Kuala Lumpur to Putrajaya. The reason for moving the capital from Kuala Lumpur to Putrajaya is similar to the reason why the Indonesian Government would like to move the capital from DKI Jakarta to East Kalimantan. Malaysia moved its capital city as Kuala Lumpur is becoming too crowded which contributes to heavy traffic that affects the administrations. From six regions that were considered to be crowned the new capital, Putrajaya was chosen as it fulfills the requirements of land acquisition and infrastructure costs, strategic location, good access to transportation networks, the potential to have a positive impact on neighboring areas, the presence of natural vegetation and landforms, as well as the minimal negative impact on local communities. In moving the capital, however Malaysia faced some challenges such as the uncooperativeness of foreign embassies and the execution that was done during the ASEAN Monetary Crisis. The ASEAN Monetary Crisis of 1988 caused Malaysiaâ&#x20AC;&#x2122;s economy to decrease by 6% which caused the country to cancel development projects such as regional 21 22

Law No. 3 of 2002 Article 15, Law No.3 of 2002

airports, roads, and hydroelectric dams worth US$5 billion.23 Although reasons for the capital’s city movements in Malaysia and Indonesia are similar, we need to remember that the circumstances of the movement are different. Regardless of being moved, the new capital, Putrajaya is only 20 km away from the previous capital, Kuala Lumpur.24 Meanwhile, Indonesian capital city will not only take place on a different city but a different Island, unreachable by land. Aside from that, Malaysia only moved 14 ministries to Putrajaya, excluding the state palace, House of Representatives, soldiers, and police.25 Mirroring the challenges met with moving the capital city in Malaysia, the Indonesian government must assure the financial security that will cover the process. A clear-cut financial security and legal protection along with profound considerations on the opportunity costs will help assure the moving process of the capital and prevent the project from being stopped mid-moving. Aside from that, cooperation with foreign institutions such as the embassy that resides in DKI Jakarta shall also be conducted. Based on the information from Bappenas, the new capital development financing scheme will use the State Budget and Revenue (Anggaran Pendapatan dan Belanja Negara or “APBN”), Public-Private Partnership (Kerjasama Pemerintah dan Badan Usaha or “KPBU”) and private parties participation.26 The APBN is expected to support 19.2 percent of the new capital, which is Rp93.5 trillion.27 The budget will be used for infrastructure of essential services, construction of the National Palace, and also Strategic building of TNI and Polri.28 The capital relocation fund will also use KPBU amounting to Rp265.2 trillion or 54.6 percent

Rianto, Surya, “Rencana Pemindahan Ibu Kota, Belajar dari Pengalaman Putrajaya”, bisnis.com, https://kabar24.bisnis.com/read/20190513/19/921957/rencana-pemindahan-ibu-kota-belajar-dari-pengalamanputrajaya, accessed on June 22th 2020. 24 Ibid. 25 Ibid. 26 Athika Rahma, “Ini Rincian Skema Biaya Pembangunan Ibu Kota Baru”, https://www.liputan6.com/bisnis/read/4059279/ini-rincian-skema-biaya-pembangunan-ibu-kota-baru, accessed on 24th June 2020. 27 Nidia Zuraya, “Skema Pembiayaan Ibu Kota Baru akan Dirombak”, “https://republika.co.id/berita/q48utm383/skema-pembiayaan-ibu-kota-baru-akan-dirombak, accessed on 24th June 2020. 28 Ibid.

of the total cost of capital relocation.29 While the budget from private parties received a portion of 26.2 percent or Rp127.3 trillion in the relocation of the capital city.30 However, Emil Salim, Professor of Economics and Business Faculty of the University of Indonesia, assumed there would be an opportunity cost for the sacrifice.31 Opportunity cost is the loss that we might face when one alternative is selected over another.32 The concept is useful solely as a reminder to examine all reasonable options before making a decision. Due to this relocation, the government should think about the opportunity cost arising from any future policy. For example, in connection with the current condition, the funds for moving the capital can be transferred to handle the COVID-19. If the government continues the development process for moving the capital, then the funds that should be given for the assistance of COVID-19 will be diverted for the development of the new capital. Moreover, the costs incurred from moving the capital can also be transferred to improve the welfare and economic equality in all provinces in Indonesia. Thus, what if Indonesia does not move its capital? Is it better? The answer is dependent. As mentioned in previous paragraphs, Jakarta has a myriad of problems, including flooding, congestion, and densely populated areas. If the government does not choose to relocate the capital, the government should immediately find a solution to the problems that exist in Jakarta, which the current status is as the capital and also the centre of economic and business activities. The discourse on the relocation of the capital city proclaimed by the government is based on the urgency and problems accumulated in Jakarta. There are benefits and repercussions of moving the capital city of Indonesia. Moving the capital city will pave the way for more significant economic and infrastructure development in Kalimantan and reduce the high urbanization rate present in the current capital. On the contrary, moving the capital 29

Ibid. Ibid. 31 Teguh Firmansyah, “Emil Salim: Pindah Ibu Kota, Ada Kebutuhan Lain Dikorbankan”, https://nasional.republika.co.id/berita/pwp2pz377/emil-salim-pindah-ibu-kota-ada-kebutuhan-lain-dikorbankan, accessed on 24th June 2020. 32 Business Dictionary, “Opportunity Cost”, http://www.businessdictionary.com/definition/opportunitycost.html, accessed on 25th June 2020. 30

city requires a lot of financial costs, which can be used to tackle more urgent existing problems in Indonesia. Relocating the capital also has widespread legal implications involving the authority of various state institutions, so that requires significant changes in legal aspects. Therefore, what the government should do is to create and authorize laws or amend existing regulations that favor the relocation of the capital to provide legal certainty and avoid the obscurity of the capital relocation as how it has been since the prior years. One way is to prepare a Bill concerning Capital City Relocation that will amend Law No. 29 of 2007 to move the capital from Jakarta to the region specified in Kalimantan when the new capital city is completely built. The Bill will be filed with the president's letter to the DPR and must be approved by the DPR. If the DPR agrees, the government and the relevant DPR Commission will conduct a meeting discussing complete juridical and academic aspects. Afterwards, the government will convey the Bill results according to the results of the review. If the juridical aspects necessary to move the capital are fulfilled, then the relocation of the capital will have a legal basis following the prevailing regulations. A constitutional guarantee is also needed to assure the continuation of the capital cityâ&#x20AC;&#x2122;s movement under other presidents. The government and all other institutions must establish good cooperation in the process of moving the capital. The government also needs to learn from other countries who had previously separated their administrative or government central with business central. Thus, the result of the relocation of the capital can provide benefits to the country.

Indonesia’s Policies on Handling COVID-19 Pandemic: The Bureaucracy’s Products Between Safety and Economy By: Ghina Raihanah Staff of Legal Research and Development ALSA LC UI Board of 2020 “Pandemic means that a disease has spread all over the world. Therefore, COVID-19 is undoubtedly considered as an international obstacle and certainly requires international actions.” More than 1.000.000 cases of COVID-191 in the world have made the World Health Organization characterized COVID-19 as a pandemic.2 COVID-19 is part of the coronavirus family. Before looking through the policies, we might first discuss regarding the commencement of Coronavirus itself. Coronaviruses were first discovered in the late 1960s by British scientists named David Arthur John Tyrrell when he worked in the Virology Division of the National Institute for Medical Research at Common Cold Unit, Salisbury, Wiltshire, England.3 His group of virologists in there was working with animal viruses and human strains. While he was working on those viruses, they found a new group of viruses in which the appearance looks like a crown. Therefore, they named it Coronaviruses. Coronaviruses first appeared to cause human outbreaks in 2002 known as Severe Acute Respiratory Syndrome (SARS).4 In a couple of months, SARS has infected 8.437 of the world’s population and 817 of them died. Other than that, coronaviruses also occurred in 2012 known as Middle East Respiratory Syndrome (MERS) and infected 2.494 people with 858 died. The recent coronaviruses known as the COVID-19 comes from the same family 1

Kate Mayberry, “Spain Coronavirus Death Toll Passes 10,000: Live Updates,” News | Al Jazeera, (April 2,

2020),

https://www.aljazeera.com/news/2020/04/grim-day-virus-death-toll-spain-uk-live-updates-

200401235244466.html, accessed on April 3rd 2020. 2

“WHO Director-General's Opening Remarks at the Media Briefing on COVID-19 - 11 March 2020”, World

Health Organization, (March 11, 2020) , https://www.who.int/dg/speeches/detail/who-director-general-sopening-remarks-at-the-media-briefing-on-covid-19---11-march-2020, accessed on March 29th 2020. 3

J. R., Kerr and D. Taylor-Robinson, “David Arthur John Tyrrell. 19 June 1925 — 2 May

2005”, Biographical

Memoirs

Fellows

the

Royal

Society

(2007):

349–63,

doi:

https://doi.org/10.1098/rsbm.2007.0014. 4

“Factsheet for Health Professionals on Coronaviruses”, European Centre for Disease Prevention and

Control,

(March

16, th

2020),

accessed on March 29 2020.

https://www.ecdc.europa.eu/en/factsheet-health-professionals-coronaviruses,

virus as SARS and MERS.5 Nonetheless, COVID-19 spread more rapidly to the world especially in a region with temperature between 3 until 17 degrees Celsius.6 Indonesia is located along the equator and has almost entirely tropical climate.7 That being said, Indonesia should not have got infected by COVID-19 easily. However, Indonesia health authorities have confirmed more than 1.000 positive cases in Indonesia. This is due to social contact that is still occurring within Indonesia’s community.8 For instance, many crowds are still happening such as the wedding ceremony, religious gatherings and rituals as well as other mass gatherings. As COVID-19 is highly contagious, engaging in social activities indeed have an aggravating effect towards the spreading of COVID-19. In regards to these actions, it is proof that there is still a lack of awareness about the urgency of the current situation in a certain community although Indonesia’s police already handle this situation with persuasive actions.9 In contrast, many attempts have been done by Indonesian citizens such as the crowdfunding campaign by public figures through various platforms such as Kitabisa.com and Benihbaik.com. Other than the citizens of Indonesia, the Government of Indonesia has made several policies regarding COVID-19 be it in the economy and social aspects. First and foremost, we should all be aware that Indonesia’s law doesn’t recognize the term lockdown but it acknowledges quarantine based on the Law Number 6 of 2018 concerning Health Quarantine. In Article 49 Paragraph (1), they divided into 4 types in which are home quarantine, local quarantine, hospital quarantine and large-scale social

“Membandingkan Wabah SARS, MERS, Dan Virus Corona - Halaman 3”, CNN internasional, (March 13,

2020),

https://www.cnnindonesia.com/internasional/20200312160647-113-482934/membandingkan-wabah-

sars-mers-dan-virus-corona/3, accessed on March 29th 2020. 6

Pti, “Warm, Humid Climate Linked to Slower COVID-19 Transmission: MIT Study”, The Economic

Times, (March 26, 2020), https://economictimes.indiatimes.com/news/science/warm-humid-climate-linked-toslower-covid-19-transmission-mit-study/articleshow/74825064.cms?from=mdr, accessed on March 29th 2020. 7

Weatheronline.co.uk.,

“Indonesia”,

WeatherOnline, th

https://www.weatheronline.co.uk/reports/climate/Indonesia.htm, accessed on March 29 2020. 8

Jakarta Post, “Indonesian COVID-19 Cases Top 1,000”, The Jakarta Post, (March 27, 2020),

https://www.thejakartapost.com/news/2020/03/27/indonesian-covid-19-cases-top-1000.html, accessed on March 29th 2020. 9

Ahmad Bil Wahid, “Polri Akan Bubarkan Kerumunan Untuk Cegah Corona: Bila Perlu Dengan Tegas”,

detiknews, (March 23, 2020), https://news.detik.com/berita/d-4949829/polri-akan-bubarkan-kerumunan-untukcegah-corona-bila-perlu-dengan-tegas, accessed on March 29th 2020.

restriction.10 If Indonesia practices local quarantine, all activities are prohibited then there would be a reduction in aggregate demand, in turn, reduces the production of goods and services, and the unemployment rate rises which at the end will cause Indonesia to decline in economic growth. Furthermore, according to Article 55 of the Law Number 6 of 2018 concerning Health Quarantine, the government must give compensation to fulfill the needs of its people for a minimum standard of living when a local quarantine is being practiced. Nonetheless, on a positive note, a quarantine could hinder the spread of the virus and would quickly be restored. Some cities in Indonesia is going to implement local quarantine or known as isolasi kampung such as Banda Aceh and Surabaya.11 However, Mr. Joko Widodo as the current President of Indonesia has declared that the local government regulation regarding local quarantine could not be applied and they must follow the central government regulation.12 In the eyes of the law, this is enacted in the principle of "lex superior derogat legi inferiori” whereby a statutory provision lower in hierarchy shall act in accordance with the higher ones, hence the local government can be repealed if it is contradictory with the higher regulation. In a sequence of Mr. Joko Widodo’s latest speech that we need to implement the Civil Emergency Policy of 1959 and practice large-scale social restriction.13 Thus, the government has enacted Government Regulation Number 21 of 2020 regarding Largescale Social Restriction to reaffirms the urgency of this situation. According to Article 4 Paragraph (1), many activities are either prohibited or restricted such as but not limited to going to the workplace and school are prohibited, restrictions on religious activity and activity in public places. Nonetheless in Article 4 Paragraph (3), the limitations in activities of daily living are still paying attention to the basic human needs in which are healthcare 10

Andi Saputra, “Lockdown Versi UU RI: Dilarang Keluar Dari Rumah, Pelanggar Bisa Dipidana”,

detiknews, (March 27, 2020), https://news.detik.com/berita/d-4955683/lockdown-versi-uu-ri-dilarang-keluardari-rumah-pelanggar-bisa-dipidana, accessed on March 29th 2020. 11

“Terapkan Local Lockdown COVID-19, Surabaya Tutup Dua Ruas Jalan”, (March 27, 2020),

https://sukabumiupdate.com/detail/ragam-berita/nasional/66781-Terapkan-Local-Lockdown-COVID-19Surabaya-Tutup-Dua-Ruas-Jalan, accessed on March 29th 2020. 12

Anton Santoso, “Hoaks, Jokowi Berlakukan Karantina Parsial Di 10 Wilayah”, Antara News, (March 17,

2020), https://www.antaranews.com/berita/1363326/hoaks-jokowi-berlakukan-karantina-parsial-di-10-wilayah, accessed on March 29th 2020. 13

Andi Saputra, “Ahli UGM: Jokowi Teken UU Karantina, Kok Yang Dipakai Darurat Sipil 1959?”,

detiknews, (March 31, 2020), https://news.detik.com/berita/d-4959292/ahli-ugm-jokowi-teken-uu-karantinakok-yang-dipakai-darurat-sipil-1959/3, accessed on March 31st 2020.

services, nutrition needs as well as other daily needs and in Article 3 stated that the largescale social restrictions could be applied if only the region has a large number of cases and deaths. Therefore, these limitations attempt to look at two perspectives, safety and economy. In addition, Mr. Joko Widodo also issued Government Regulation in Lieu of Law Number 1 of 2020 on State Budget Policy and Financial System Stability on Handling COVID-19 Pandemic and/or in Tackling Threats against National Economy and/or Financial System Stability. It is intended to assure that the government guarantees for the prosperity of its people in economic aspects whereby the state budget will be allocated for healthcare spending, social protection and tax incentives and credit for enterprises, also some will be set aside for economic recovery programs including credit restructuring and financing for small and medium businesses. Furthermore, Mr. Joko Widodo is considering to make an additional national holiday after the pandemic shows signs of easing to prevent people from Jakarta going back to their hometowns to celebrate Eid al-Fitr known as Mudik and cause an explosion of coronavirus cases in their respective areas.14 The reason why Mr. Joko Widodo imposed these policies to give rise to unambiguous regulations, and establish an effective practice of social restriction along with providing economic measures. The ineffectiveness of the previous social distancing can be proven by the exponential growth of cases in Indonesia in which Indonesia’s doubling time is only in two days and making Indonesia has the highest mortality rate in the world, which is 9.4 percent.15 Therefore, if the government and people of Indonesia do not act collectively to prevent the spread of this virus, it was predicted that by the end of April 2020 it will increase up to 11.000 – 71.000 cases of COVID-19 in Indonesia.16 The Ministry of Finance of Indonesia has made four incentives regarding taxpayers. The incentives outlined in the Ministry of Finance of Indonesia Regulation Number 23 of 2020 regarding Tax Incentive for Taxpayer against the Spread of COVID-19, which 14

Antara, “Skenario Jokowi Cegah Mudik: Ganti Hari Libur Nasional Lebaran,” tirto.id (April 2, 2020),

https://tirto.id/skenario-jokowi-cegah-mudik-ganti-hari-libur-nasional-lebaran-eKpx, accessed on March 3rd 2020. 15

Jakarta Post, “Indonesian COVID-19 Deaths Surpass, within Weeks, 17 Years of Bird Flu Fatalities,”

The Jakarta Post, (April 2, 2020), https://www.thejakartapost.com/news/2020/04/02/indonesian-covid-19deaths-surpass-within-weeks-17-years-of-bird-flu-fatalities.html, accessed on April 3rd 2020. 16

Iqbal Elyazar, Sudirman Nasir, Suharyo Sumowidagdo and Faculty of Public Health, “Without Major

Intervention, Indonesia Could Have 71,000 COVID-19 Cases by April's End”, The Conversation, (March 29, 2020), http://theconversation.com/without-major-intervention-indonesia-could-have-71-000-covid-19-cases-byaprils-end-134239, accessed on March 29th 2020.

would become effective starting from the 1st of April 2020. These four incentives associated with Article 21 on Income Tax, Article 22 on Import, Article 25 and Value-added Tax. According to the Finance Ministry of Indonesia, the taxpayer would be given a preliminary refund of tax overpayment as a Low-Risk Taxable Entrepreneur until September 2020. These regulations are aimed to help the industry to face a difficult situation because Micro, Small and Medium Enterprises (MSME) Association in Indonesia estimates that their sales dropped up to 35 percent and the number could be increased.17 This kind of tax policy, often known as fiscal policy could stimulate the economy, as tax cuts have important influence on both aggregate demand as well as supply. We can see through economic patterns which indicate that when the government reduces marginal tax rates, workers can keep a higher fraction of any income they earn and in return can maintain the consumer spending and the circulation of income in this kind of pandemic economic. The new emergency regulations are examples of legal actions to help the industrial sector of Indonesia in this urgent situation. Other than that, the Financial Services Authority of Indonesia (Otoritas Jasa Keuangan, “OJK”) has issued a policy regarding National Economic Stimulus as A Counter-cyclical Policy against the Spread of COVID-19 Number 11/POJK. 03 of 2020 that will be in effect until the 31st of March 2021. With this, OJK relaxes debt quality assessment and restructuring requirements for debtors that experience a hard time during this pandemic. The rule itself is not merely aiming to save debtors, but it also aims to reduce COVID-19's economic impacts on banks due to debtors’ stagnation in paying their debts that could increase the risks of bad loans and disrupt the banks’ performances as well as Indonesia’s financial stability. This regulation is in line with the encouragement of the United Nations Conference on Trade and Development (UNCTAD) to minimize the economy’s contraction. One of the concrete examples of an economic contraction that has happened in Indonesia is when Indonesia’s rupiah depreciated by 19 percent to the US dollar in March 23rd 202018 and since January gold value increased by 22.41 percent.19 This economic

12,

Jakarta Post, “Battered by Virus: Businesses across Indonesia Feel the Pinch”, The Jakarta Post, (March

2020),

https://www.thejakartapost.com/news/2020/03/12/battered-by-virus-businesses-across-indonesia-

feel-the-pinch.html, accessed on March 29th 2020. 18

Ishak, “Dollar Amerika Nyaris Tembus Rp 17 Ribu, Rupiah Terlemah Se-Asia: Rekor Terburuk

Sepanjang Masa,” Tribun Pontianak,(March 23, 2020), https://pontianak.tribunnews.com/2020/03/23/dollaramerika-nyaris-tembus-rp-17-ribu-rupiah-terlemah-se-asia-rekor-terburuk-sepanjang-masa?page=4, accessed on March 3rd 2020.

stimulus regulation also applied in several countries such as the United States of America, the United Kingdom, Australia, etc.20 Besides dollar values that have been surging, medical equipment prices have been observed to escalate. As Indonesian people’s demand on face masks and hand sanitizers is building up, we are facing a supply shortage. Due to this kind of scarcity, many traders use this opportunity to alter the price of the goods by adjusting to the current market condition. There are many public opinions stating that their actions are violating the Law Number 5 and Number 2 of 1999 regarding Antimonopoly that prohibits unfair business practice and promotes public interests. Even though the Business Competition Supervisory Commission of Indonesia (Komisi Pengawas Persaingan Usaha, “KPPU”) explicitly said it has not violated the law and it is purely because of the high demand of the face mask and hand sanitizer that causes the scarcity. This is due to the law limits only to corporations or big retailers and excluding small and medium retailers. Simultaneously, the Jakarta Police swopped mask production in North Jakarta and discovered that they could produce up to 850 boxes of masks every day.21 It means that the current law of antimonopoly in business practice is still lacking to create prosperity among Indonesians and needs to be revised. The impact of this unfair business practice is directly to the medical worker. At present, there are more than 40 medical workers are being treated for COVID-19.22 They need the medical equipment such as gloves and masks to prevent and protect themselves while handling the COVID-19 cases. Mr. Joko Widodo has also formed a fast-response team led by the National Disaster Mitigation Agency (Badan Nasional Penanggulangan Bencana, “BNPB”) in a sequence of the Presidential Decree Number 7 of 2020. It has the responsibility to survey and isolate 19

Jakarta Post, “COVID-19 Stimulus: Learning from Others”, The Jakarta Post, (March 23, 2020),

https://www.thejakartapost.com/academia/2020/03/23/covid-19-stimulus-learning-from-others.html,

accessed

on March 29 2020. 20

Gabe Alpert, “Government Stimulus Efforts to Fight the COVID-19 Crisis”, Investopedia, (March 27,

2020),

https://www.investopedia.com/government-stimulus-efforts-to-fight-the-covid-19-crisis-4799723,

accessed on March 29th 2020. 21

Jakarta Post, “We've Found No Violation: KPPU on Skyrocketing Face Mask Prices”, The Jakarta Post,

(March

2020),

https://www.thejakartapost.com/news/2020/03/05/weve-found-no-violation-kppu-on-

skyrocketing-face-mask-prices.html, accessed on March 29th 2020. 22

Kiki Siregar, “'We Are Worried,' Say Indonesian Healthcare Workers as COVID-19 Takes Toll on

Medical System”, CNA, (March 25, 2020), https://www.channelnewsasia.com/news/asia/indonesia-covid19doctors-nurses-at-risk-12573980, accessed on March 29th 2020.

people suspected of COVID-19.23 Moreover, as stated in the Decree of the Chief of BNPB Number 13 of 2020 which implies that state budget, regional budget and/or other valid resources are to be relocated to fund in tackling COVID-19 and according to the Decree of the Chief of BNPB Number 9A of 2020, the COVID-19 outbreak is officially a particular state of disaster emergency until 32 days. However, with the fact that the number of COVID19 cases has been exponentially increasing, it has been extended in the Decree of the Chief of BNPB Number 13A of 2020 until May 2020. Several experts are hoping for the government to raise the emergency level into an actual state of disaster emergency because they believe it is crucial to raise the awareness of the citizens and it would allow the government in using more state facilities to combat this situation effectively.24 As a response to this, the government has announced this pandemic a disaster on a national scale. Mr. Joko Widodo has made a follow-up regulation of the Decree of the Chief of BNPB Number 9A of 2020 regarding diverting access to import medical equipment into BNPB’s authority but still coordinates with related institutions. Other than that, the government gives medical equipment imported free of duty. In order to supervise this easily, the entry points limited to only in Soekarno-Hatta International Airport, Port of Tanjung Priok and Halim Perdanakusuma International Airport.25 This regulation intended to disentangle the procedures to get the necessary medical equipment in the middle of this pandemic. The Ministry of Foreign Affairs of Indonesia has issued Additional Measures in Relation to COVID-19 Response. This promulgation suspends entry to transit in Indonesia for people who have visited Iran, Italy and South Korea because the cases are growing rapidly out there and remains a full effect for visitors from China. Even if they have been suspended for 14 days, they are required to complete a health alert card. Aside from the aforementioned countries, a health certificate from each country to be a requirement in

Jakarta Post, “COVID-19: Jokowi Forms Fast-Response Team to Contain Virus”, The Jakarta Post,

(March 14, 2020), https://www.thejakartapost.com/news/2020/03/13/covid-19-jokowi-forms-fast-responseteam-to-contain-virus.html, accessed on March 29th 2020. 24

Jakarta Post, “BNPB Should Declare Actual State of Emergency for COVID-19: Observer”, The Jakarta

Post, (March 18, 2020), https://www.thejakartapost.com/news/2020/03/18/bnpb-should-declare-actual-state-ofemergency-for-covid-19-observer.html, accessed on March 29th 2020. 25

Pipit Ika Ramadhani, “Pemerintah Bebaskan Bea Masuk, Cukai, Dan Pajak Impor Alat Kesehatan Buat

Corona”, Liputan6, (March 23, 2020), https://www.liputan6.com/bisnis/read/4209322/pemerintah-bebaskanbea-masuk-cukai-dan-pajak-impor-alat-kesehatan-buat-corona, accessed on March 29th 2020.

coming to Indonesia.26 This regulation aimed to prevent carriers of the highly contagious COVID-19 into Indonesia. In taking everything into account, we must bear in mind that the most vital thing is the safety and prosperity of our people. Moreover, our economy as a key to prosperity, is grappling especially in the value of Indonesian Rupiah and in Indonesia’s industrial sectors, for instance, Micro, Small and Medium Enterprises (MSME) as an excellent contribution to our GDP could not operate normally in the middle of this pandemic. Therefore, we need to play our role be it as a citizen or the government to effectively recover from this situation. The government has provided facilities and enacted many new regulations, such as Government Regulation Number 21 of 2020 regarding Large-scale Social Restriction, Government Regulation in Lieu of Law Number 1 of 2020 on State Budget Policy and Financial System Stability on Handling COVID-19 Pandemic and/or in Tackling Threats against National Economy and/or Financial System Stability, Ministry of Finance of Indonesia Regulation Number 23 of 2020 regarding Tax Incentive for Taxpayer against the Spread of COVID-19, National Economic Stimulus as A Counter-cyclical Policy against the Spread of COVID-19 Number 11/POJK. 03 of 2020, Presidential Decree Number 7 of 2020, Decree of the Chief of BNPB of 2020, The Ministry of Foreign Affairs of Indonesia’s Additional Measures in Relation to COVID-19 Response. As a citizen, we must engage in large-scale social restriction as our government has ordered us to do in fighting this pandemic. Additionally, we could also independently contribute to our community, for instance by participating in 2 in 1 program proposed initially by the Governor of West Java, Ridwan Kamil which is two persons help one less fortunate person, generating some or making a public kitchen for those in rural area and the marginalized group. These kind of acts could help others who are in need because COVID-19 is undoubtedly considered as an international obstacle and in order for us to combat the spread, Indonesia as a unity needs to conduct international actions as well as domestic measures which encompass Indonesian citizens to actively and collectively participate for the existing regulations to be adequately effective.

“CONSULATE GENERAL OF THE REPUBLIC OF INDONESIA Osaka JAPAN”, Kementerian Luar

Negeri Repulik Indonesia, (March 11, 2020), https://kemlu.go.id/osaka/en/news/5296/indonesian-governmentpolicy-on-the-development-of-covid-19-outbreak, accessed on March 29th 2020.