大流行时代公共财政管理的法律责任

D. Aritonang
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引用次数: 0

摘要

新冠肺炎大流行的形势促使各领域发生了一些重大变化,特别是在金融治理方面。基本上,紧急状态曾多次造成经济危机和其他突发事件的威胁等巨大因素,改变了政府管理的模式和方式。紧急情况通常鼓励不是渐进式而是往往是全面的变革,特别是在政府财政管理方面。这种变化迫使政府通过形成各种影响政府财政运行的法律文书和政策来立即适应突发情况。问题是,紧急政策的制定常常引起对公共财政管理的问责制和法律责任的各种批评和关切,正如印度尼西亚所经历的那样。第2/2020号法案和第1/2020号法令是政府在这场危机期间管理公共财政的法律依据。政策中的若干条款偏离了法治和政府问责原则,因为它们似乎避免了法律问责,并使大流行病期间的公共财政管理不受惩罚。基本上,从行政法和刑法的角度来看,政策中的排除规范不能规范地适用,因为它违背了法律和善治的原则。因此,豁免和有罪不罚的规范模式本身,在法律上并不能成为追究政府责任的障碍,因为违反了公共使用
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Liability of Public Financial Administration in the Pandemic Era
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
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