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Papers by Erlangga Erlangga

Research paper thumbnail of Legal Effective of Putting "Business as Usual" Clause in Agreements

International Journal of Criminology and Sociology

The development of business in Indonesia accompanies legal needs in the community, especially whe... more The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispu...

Research paper thumbnail of The View of International Law on The Pandemic Covid-19

Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia, 2021

The views of world countries on the handling of the Covid-19 Pandemic give the impression of solv... more The views of world countries on the handling of the Covid-19 Pandemic give the impression of solving the global health crisis. Whereas international law is a special mechanism in handling pandemics through the operationalization of International Health Regulations which are coordinated globally by the WHO international organization. The aim is to examine the implications of force on international law. The main approach to legal research method is to apply a total lockdown or physical distancing in accordance with the health protocol established by WHO. By elaborating, international law contains obligations, authorities, procedures, and roles and challenges faced in handling a global pandemic. Finding the fact that, IHR 2005 works on international law, but a 'one size fits all' instrument that can solve all the problems of handling the positive sum global health crisis to interdependence, institutionalism, multilateralism, and a zero-sum game democratic system where the state is strengthening.

Research paper thumbnail of The Criticism of Social Justice in Economic Gap

This research paper examines the dynamics of economic inequality problems facing Indonesia today,... more This research paper examines the dynamics of economic inequality problems facing Indonesia today, especially due to the impact of the Covid-19 Pandemic which hinders the progress of general welfare throughout the country. The difficulty of making breakthroughs to create social justice by Pancasila and the 1945 Constitution can be realized. The purpose of this paper is to examine and analyze the criticality of social justice in economic disparities in society. The research method of this paper uses a description of qualitative analysis supported by secondary data through primary data collection of the sociology of justice, processing of deductive-inductive comprehensive analysis. The conclusion of this paper is the complex problems faced by the country regarding economic inequality caused by non-natural disasters of the pandemic so that social justice is critical in the community, let alone the continuing increase in poverty that cannot be avoided anymore. This research concludes the...

Research paper thumbnail of Deskredit Duties and Authorities of Advocates as Law Enforcers

Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia, 2021

This paper aims to analyze the problems of the duties and authorities of law enforcers who are no... more This paper aims to analyze the problems of the duties and authorities of law enforcers who are not dynamically ideal in carrying out the struggle for justice and legal certainty on the basis of legal equality. Meanwhile, law enforcers who are recognized in the state are police, prosecutors and judges, but the profession of Advocate is discredited by other law enforcers. In concrete implementation, advocates experience obstacles in carrying out their duties and authority to fight for the client's law enforcement profession. This paper uses normative juridical research in offline or online legal materials supported by qualitative data analysis on the principles of justice and legal equality. An implementation result of this research is that in essence advocates can be said to be law enforcers such as prosecutors, police and judges, because advocates can carry out the role of legal consultation, legal aid, and legal assistance and can make legal findings. The analysis of this research will harmonize advocates who are equal, equal, and balanced with other law enforcers in a synergy and continuous manner in the struggle for justice and legal certainty. Advocates as one of the elements of law enforcement in criminal justice are one of the pillars in upholding the rule of law and human rights. As in the 1945 Constitution of the Republic of Indonesia it clearly determines that the State of Indonesia is a rule of law. Efforts to realize the principles of a rule of law in social and state life, the role and function of Advocates as a free, independent, and responsible profession. The principle of rule of law emphasizes the guarantee of equality for everyone before the law (equality before the law).

Research paper thumbnail of Legal Effective of Putting "Business as Usual" Clause in Agreements

International Journal of Criminology and Sociology

The development of business in Indonesia accompanies legal needs in the community, especially whe... more The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispu...

Research paper thumbnail of The View of International Law on The Pandemic Covid-19

Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia, 2021

The views of world countries on the handling of the Covid-19 Pandemic give the impression of solv... more The views of world countries on the handling of the Covid-19 Pandemic give the impression of solving the global health crisis. Whereas international law is a special mechanism in handling pandemics through the operationalization of International Health Regulations which are coordinated globally by the WHO international organization. The aim is to examine the implications of force on international law. The main approach to legal research method is to apply a total lockdown or physical distancing in accordance with the health protocol established by WHO. By elaborating, international law contains obligations, authorities, procedures, and roles and challenges faced in handling a global pandemic. Finding the fact that, IHR 2005 works on international law, but a 'one size fits all' instrument that can solve all the problems of handling the positive sum global health crisis to interdependence, institutionalism, multilateralism, and a zero-sum game democratic system where the state is strengthening.

Research paper thumbnail of The Criticism of Social Justice in Economic Gap

This research paper examines the dynamics of economic inequality problems facing Indonesia today,... more This research paper examines the dynamics of economic inequality problems facing Indonesia today, especially due to the impact of the Covid-19 Pandemic which hinders the progress of general welfare throughout the country. The difficulty of making breakthroughs to create social justice by Pancasila and the 1945 Constitution can be realized. The purpose of this paper is to examine and analyze the criticality of social justice in economic disparities in society. The research method of this paper uses a description of qualitative analysis supported by secondary data through primary data collection of the sociology of justice, processing of deductive-inductive comprehensive analysis. The conclusion of this paper is the complex problems faced by the country regarding economic inequality caused by non-natural disasters of the pandemic so that social justice is critical in the community, let alone the continuing increase in poverty that cannot be avoided anymore. This research concludes the...

Research paper thumbnail of Deskredit Duties and Authorities of Advocates as Law Enforcers

Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia, 2021

This paper aims to analyze the problems of the duties and authorities of law enforcers who are no... more This paper aims to analyze the problems of the duties and authorities of law enforcers who are not dynamically ideal in carrying out the struggle for justice and legal certainty on the basis of legal equality. Meanwhile, law enforcers who are recognized in the state are police, prosecutors and judges, but the profession of Advocate is discredited by other law enforcers. In concrete implementation, advocates experience obstacles in carrying out their duties and authority to fight for the client's law enforcement profession. This paper uses normative juridical research in offline or online legal materials supported by qualitative data analysis on the principles of justice and legal equality. An implementation result of this research is that in essence advocates can be said to be law enforcers such as prosecutors, police and judges, because advocates can carry out the role of legal consultation, legal aid, and legal assistance and can make legal findings. The analysis of this research will harmonize advocates who are equal, equal, and balanced with other law enforcers in a synergy and continuous manner in the struggle for justice and legal certainty. Advocates as one of the elements of law enforcement in criminal justice are one of the pillars in upholding the rule of law and human rights. As in the 1945 Constitution of the Republic of Indonesia it clearly determines that the State of Indonesia is a rule of law. Efforts to realize the principles of a rule of law in social and state life, the role and function of Advocates as a free, independent, and responsible profession. The principle of rule of law emphasizes the guarantee of equality for everyone before the law (equality before the law).