An Analysis of the Indonesian Government Policy on the Lockdown from the perspective of Human Rights

DOI

10.2991/assehr.k.210506.055How to use a DOI?

Keywords

Policy, Lockdown, Human Rights, Modern Rule of Law

Abstract

Corona Virus Disease 2019 (Covid-19), has become a deadly threat in countries of the world, including Indonesia. As a rule of law, Indonesia regulates matters of emergency which are synonymous with the term state of emergency. To deal with the spread of Covid-19, the Indonesian government has issued some policies policies, including the temporary closure of public spaces (lockdown). The lockdown policy is not only an effort to prevent more widespread transmission, but has the potential to reduce the right to freedom of assembly. The right to freedom of assembly and movement from one place to another is part of the constitutional rights guaranteed by the state. This paper is intended to seek a constitutional policy formulation in the perspective of Human Rights in a Modern Legal State. This research uses normative juridical research. The approach to the problem used in this study includes a statutory approach and a conceptual approach. The data obtained were collected and analyzed qualitatively with a descriptive-analytical model, so that the results could be described comprehensively and systematically. As a form of realizing welfare for the people even in an emergency, the state must always actively take the initiative to act. This is as stated in Article 28A of the The 1945 Constitution of the Republic of Indonesia, “Everyone has the right to live and has the right to defend his life and life”. The government must be able to make policies on handling Covid-19 from a human rights perspective. In the human rights context, there are at least 6 principles and guidelines on how to limit, delay and reduce the enjoyment of human rights. First, the determination must be based on law. Second, statements, notifications and emergency stops. Third, do not limit nonderogable rights. Fourth, it is really needed. Fifth, the arrangement is clear, strict, and does not have multiple interpretations. Six, emphasizes proportionality. The lockdown policy that prevents the people from fulfilling their daily needs, must be accompanied by policies that provide relief for the people, provide direct life insurance for all, policies to study / work at home without causing additional burdens for the family. As a modern constitutional state, one of its characteristics is the fulfillment of human rights based on the constitution. As a rule of law, the government must comply with regulations without having to make new regulations on lockdown policies, where the government must ensure the fulfillment of the basic needs of citizens and livestock feed as regulated in Article 55 paragraph (1) of Law No.6 of 2018 on Health Quarantine and ensure the quality of education and the reach of educational services that allow students to learn from home.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Andryan
AU  - Farid Wajdi
AU  - Benito Asdhie Kodiyat
AU  - Taufik Hidayat Lubis
PY  - 2021
DA  - 2021/05/08
TI  - An Analysis of the Indonesian Government Policy on the Lockdown from the perspective of Human Rights
BT  - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)
PB  - Atlantis Press
SP  - 418
EP  - 425
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210506.055
DO  - 10.2991/assehr.k.210506.055
ID  - 2021
ER  -