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

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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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  -