Legal Policy and Constitutionality in Controlling the Covid-19 Pandemic in Indonesia
- DOI
- 10.2991/assehr.k.211112.006How to use a DOI?
- Keywords
- pandemic; covid-19; constitutionality; policy making; legal politics
- Abstract
Various aspects of life have changed along with the COVID-19 pandemic. It is the mandate of the 1945 Constitution that the state is responsible for the provision of proper health service facilities and public service facilities. As a stakeholder, the government has passed several regulations related to handling pandemics. This study uses a normative juridical research method with a conceptual and statutory approaches. The purpose of this paper is to determine the dynamics of the legal politics of policy making to control the COVID-19 pandemic in Indonesia; and to analyze the constitutionality of controlling the COVID-19 pandemic based on the 1945 Constitution. Health emergencies require intervention from the government as a form of responsibility to protect all elements of society. In practice, the state has played a role as a rule of law by issuing several policies. However, the fact is that the policy is considered to have created conflict and is not considered an emergency response. Although, constitutionally, the state is responsible for the survival of every citizen of its country, every citizen should also obey the government’s recommendations. Because in a good rule of law there is an attitude and foundation in which if there are rights, there will also be an obligation.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Ulya Fajri Amriyeny AU - Siswanto Budi Nugroho AU - Jody Imam Rafsanjani PY - 2021 DA - 2021/11/23 TI - Legal Policy and Constitutionality in Controlling the Covid-19 Pandemic in Indonesia BT - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021) PB - Atlantis Press SP - 44 EP - 53 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211112.006 DO - 10.2991/assehr.k.211112.006 ID - Amriyeny2021 ER -