The Indonesian Government's Inconsistency in Handling The Covid-19 Pandemic

Yuridika 36 (3):745-758 (2021)
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Abstract

A clear legal umbrella is a basis for the effectiveness of a policy, including in dealing with the Covid-19 pandemic. However, the inconsistency of the legal umbrella in giving birth legal uncertain, and the public becomes confused. This research aims to critique the Indonesian government's attitude in dealing with the Covid-19 pandemic, which began in early 2020 due to the legal umbrella's inconsistency in enforcing different and ineffective legal sanctions at the central government and local governments. The research method used is normative research with a statutory approach. In contrast, the research explained in a descriptive-qualitative way. This research shows that the government considers the Covid-19 pandemic a non-natural disaster and does not lockdown. Meanwhile, the legal umbrella used is the health quarantine law, which requires implementing public health emergencies, almost the same as lockdowns. On the other hand, the Large-Scale Social Restriction (PSBB) policy has a legal basis for a health quarantine law. At the same time, the Covid-19 pandemic situation is a non-natural disaster that should refer to the disaster management law. Furthermore, other results also show ineffective enforcement of legal sanctions, such as criminal sanctions in regional head decisions that can not enforce because PSBB only includes administrative sanctions. In conclusion, the inconsistency of the legal umbrella in dealing with the Covid-19 pandemic is very detrimental to the community due to limited human rights, which can lead to legal uncertainty and public distrust of the government.

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