Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Potential Violations of the Right to Mobility in Government Policies Related to the Covid-19 Pandemic Outbreak

Authors
Ahmad Gelora Mahardika1, *, Mizza Faridatul Anifah1
1Department of Constitutional Law Sayyid Ali Rahmatullah State Islamic University
*Corresponding author. Email: geloradika@gmail.com
Corresponding Author
Ahmad Gelora Mahardika
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.004How to use a DOI?
Keywords
covid-19; human rights; policies; mobility
Abstract

Article 28E of the 1945 Indonesian Constitution states that everyone has the right to mobility. It means the right to mobility is a part of human rights that the state should protect under any circumstances. The Covid-19 pandemic outbreak in Indonesia forced the Government to carry out several strategic policies to limit mobility rights, including large-scale social and micro-scale social restrictions. This policy essentially has no problems when it is based on health considerations; however, when referring to the statutory regulation system, the form of legal product for implementing the policy, namely Government Regulations, Regional Regulations, or Regional Head Regulations, creates problems in the Indonesian constitutional system. Because, based on Article 28J of the 1945 Constitution, restrictions on human rights in this context can only be exercised through laws, not other statutory regulations. This condition raises the potential for human rights violations to the policies to deal with the Covid-19 pandemic outbreak carried out by the Government. The research question in this scientific paper is whether there has been a violation of the right to mobility in Government policies related to the response to the Covid-19 pandemic outbreak. The research method of this article is normative juridical. This scientific paper hypothesizes that there has been a violation of the right to mobility in Government policies related to the response to the Covid-19 pandemic outbreak.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
10.2991/assehr.k.211112.004
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.004How to use a DOI?
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  - Ahmad Gelora Mahardika
AU  - Mizza Faridatul Anifah
PY  - 2021
DA  - 2021/11/23
TI  - Potential Violations of the Right to Mobility in Government Policies Related to the Covid-19 Pandemic Outbreak
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 28
EP  - 34
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.004
DO  - 10.2991/assehr.k.211112.004
ID  - Mahardika2021
ER  -