Does the Covid-19 Protocol Might be Consider Law: Why the Indonesia Government Doubtful to Enforce the Law

DOI

10.2991/978-2-494069-93-0_21How to use a DOI?

Keywords

transmission prevention; law sources; order; protocol; administration law

Abstract

Protocol is central in preventing COVID transmission19. Some discussions try to show the source and basis of published protocols. In Indonesia protocol is seen as a code of conduct rather than a law of conduct that must be obeyed. Although the source or making of the protocol is carried out by authorized institutions and based on legal orders to implement the COVID protocol19. Many protocol violations are caused partly because of this misunderstanding. Another reason is the existence of a multilevel legal structure that teaches that higher law provides the basis for lower law. Protocol as a tool to regulate individual behavior is at the lowest level. The basis of the government’s legal legitimacy to prevent COVID19 is discussed in this article, along with the government’s power to enact laws and regulations that are supported by both the government and the legislature as directives to carry out responsibilities in the area of public health. Examining a variety of legal sources, rules, and regulations, as well as examining how the community has responded through the media. This study used qualitative methods, and data was gathered through focus groups with 15 key informants with a variety of backgrounds, including medical professionals, nurses, public health workers, and lawyers with postgraduate degrees. Five general topics were posed to them, then during an open interview, they were expanded upon. The results of the study show that central government policies are not necessarily immediately responded by local governments. The regional heads generally consider the application of transmission prevention by implementing CBSS based on economic considerations and also the survival of the people’s economic life. So that the central policy in preventing COVID19 and its protocols is applied according to the situation of local pandemic conditions and local economic movements.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Caecilia Waha
AU  - Theodorus Lumunon
AU  - Luh Putu Sudini
PY  - 2023
DA  - 2023/01/25
TI  - Does the Covid-19 Protocol Might be Consider Law: Why the Indonesia Government Doubtful to Enforce the Law
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 170
EP  - 184
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_21
DO  - 10.2991/978-2-494069-93-0_21
ID  - Waha2023
ER  -