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Original Research

LIABILITY FOR STATE FINANCIAL MANAGEMENT AND FULFILLMENT OF THE CONSTITUTIONAL RIGHT TO HEALTH IN AN EMERGENCY

CANDRAFRIANDI ACHMAD 1, RONNY A. MARAMIS 2, JEMMY SONDAKH 3, and DONNA O. SETIABUDHI 4.

Vol 18, No 08 ( 2023 )   |  DOI: 10.5281/zenodo.8285927   |   Author Affiliation: Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 561-569   |   Published on: 19-08-2023

Abstract

Responding to the Covid-19 pandemic and other threats to the national security, the Indonesian government issued a government regulation in lieu of Act No. 1 of 2020 concerning State Financial Policy and Financial System Stability. This article aims to measuring an ideal model of state financial liability in an emergency. The research is normative-juridical or known as doctrinal legal research. The results show that the liability for state finances during an emergency in the context of accelerating disaster management in order to realize good governance must be seen as an integral part of implementing a law-based state system, so that the actions taken are legal actions by state officials or government, because freedom is exercised not for personal gain but still within the framework of the essence of the interests of the citizens as a whole and as a form of responsibility from the state. The main objective is to accelerate disaster management, by prioritizing the health, safety and welfare of the community.


Keywords

Constitutional Rights; Right to Health; State Liability; State Financial