PENDEKATAN NEGARA HUKUM KRISIS EKONOMI: UPAYA MENDAMAIKAN PERTENTANGAN ANTARA PEMBATASAN DAN PELONGGARAN HUKUM DAN DISKRESI BAGI PRESIDEN (EKSEKUTIF)

Abstract

The rule of law approach in normal and crisis situations is often contested. To reduce this tension, an alternative approach that reconciles the two poles is needed. For this reason, this article tries to analyze an appropriate rule of law approach to be applied in an economic crisis so called The Economic Crisis Rule Of Law Approach. In this approach, it is argued that there are two coexist approaches, namely adhering to the basic principles of rule of law but at the same time providing flexible opportunities to mitigate the economic crisis. Thus, even in an economic emergency, there is still a need for the President (executive) to comply with the basic principles in rule of law but at the same time to implement rule of law in an economic crisis ideally needs to remain rational, efficient, create certainty, ensure predictability, prospective and prevent opportunistic behaviour and moral hazard. The main objective of the rule of law approach in an economic crisis is to achieve rapid recovery from the crisis as well as to achieve the main objectives of a substantive rule of law such as the protection of human dignity, justice, prosperity and social welfare.