Covid-19 Pandemic Reviewed in Constitutional Law Perspective

Ainuddin Ainuddin

Abstract


Many countries are unsure to decide on legal instruments to use to overcome the crisis caused by the Covid-19 pandemic. Some chose to establish a state of emergency based on the constitution, while others used the applicable law regarding disasters or health crises, implemented new legislation, and issued another community restriction enforcement policy namely PPKM. The stipulation of a state of emergency allows the state to deviate from the rule of law. Therefore, the determination of the emergency status is potentially be misused. The method of this research is normative legal research using statute and conceptual approaches. The result of this research experienced that the Indonesian government chose to use Health Emergency in Law 6 of 2018 and Non-Natural Disaster Emergency in Law 24 of 2007 to deal with the Covid-19 Pandemic regardless of Article 12 of the 1945 Constitution providing provisions for a constitutional emergency. The emergency status does not entirely involve Article 12 of the 1945 Constitution as the basis for its formation. Thus, the term emergency is not a state of emergency as referred to in the study of emergency constitutional law (only de facto not de jure). Although there are restrictions, this certainly does not apply to basic rights, especially to non-derogable rights groups.


Keywords


Covid-19; Emergency State; Emergency Constitutional Law

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References


Books

Elliot Bulmer, (2018), Emergency Powers: International IDEA Constitution-Building Primer 18, International IDEA, Sweden.

Herman Sihombing, (1996), Emergency Constitutional Law in Indonesia, Djambatan, Jakarta.

Jimly Asshiddiqie, (2000), Emergency Constitutional Law, Rajawali Pers, Jakarta.

Muhammad Yamin, (1959), Manuscript-Preparation of the 1945 Constitution: Published with Dibubuhi Tjatatan, Volume 1, Jajasan Prapantja, Jakarta.

Peter Mahmud Marzuki, (2010), Legal Research, Kencana, Jakarta.

Journal and Other Scientific Refrences

Merry Tjoanda et.all, The Outbreak of Covid-19 as An Overmacth Claim in Credit Agreements, Fiat Justisia Law Journal, Faculty of Law University of Lampung, Vol. 15 No. 1, January-March 202, https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/2195.

Nima Nourozi and Ilham Atei, Covid-19 Crisis and Environmental Law: Opportunities and Challenges, Hassanuddin Law Review, Vol. 7 Issue 5, April 2021.

Sefriani and Seguito Munteiro, Potential Investor Claims and Possible State Defense During the Covid-19 Emergency, Sriwijaya Law Review Faculty of Law Sriwijaya University, Vol. 5 Issue 2, July 202.

Syamsuddin Radjab et. all, The Indonesian Government’s Inconsistency In Handeling The Covid-19 Pandemic, Yuridica Journal Faculty of Law, University of Airlangga, Vol. 36 No. 3, Nopember 2021

Variena Josepha B Rehatta et.all, Fulfillment Children’s Health Right In Ambon City During Covid-19 Pandemic, SASI Journal, Vol. 27 No. 2, April-Juni 2021

Regulations

Indonesia, Constitution of 1945.

Indonesia, Law Number 24 of 2007 concerning Disaster Management, State Gazette of the Republic of Indonesia (LNRI) of 2007 Number 66, and Supplement to the State Gazette (TLN) Number 4723.

Indonesia, Law Number 6 of 2018 concerning Health Quarantine, State Gazette of the Republic of Indonesia (LNRI) of 2018 Number 128, and Supplement to the State Gazette (TLN) Number 6236

Indonesia, Presidential Decree No. 43 of 2004 concerning the Statement of Changes in the Status of a State of Danger with the Level of Military Emergency to a State of Danger with the Level of a State of Civil Emergency in the Province of Nanggroe Aceh Darussalam.

Indonesia, Presidential Decree Number 28 of 2003 concerning the Implementation of Military Emergency Status in the Province of Nanggroe Aceh Darussalam.

Also known as “State of Emergency”, “State of Civil Emergency”, “State of Siege”, “State of Exception (etat d’exception)” in other countries indicating the occurrence of a state of danger, either military emergency or emergency. civil.

Geneva Centre for The Democratic Control for The Armed Forces, “What Is State of Emergency”, Backgrounder Security Sector Governance and Reform, accessed 10 September 2021.

Internet

https://www.unicef.org/indonesia/coronavirus

https://kemlu.go.id/brussels/en/news/6349/policies-by-the-indonesian-government-related-to-the-coronavirus-covid-19-pandemic.

https://indonesien.ahk.de/en/infocenter/news/news-details/covid-19-developments-in-indonesia

World Health Organization, “Statement on the Second Meeting of the International Health Regulations (2005) Emergency Committee Regarding the Outbreak of Novel Coronavirus (2019-NCoV),” accessed September 3, 2021, https://www.who.int/news/item/3-09-2021- statement-on-the-second-meeting-of-the- international-health-regulations (2005)- emergency-committee-regarding-the-outbreak- of-novel-coronavirus-(2019-ncov).




DOI: http://dx.doi.org/10.29303/ius.v9i3.980

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