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

Legal Policy and Constitutionality in Controlling the Covid-19 Pandemic in Indonesia

Authors
Ulya Fajri Amriyeny1, *, Siswanto Budi Nugroho2, Jody Imam Rafsanjani2
1Jayabaya University, Jakarta, Indonesia
2The Agency of Research and Development of Law and Human Rights, of the Ministry of Law and Human Rights of the Republic of Indonesia Jakarta, Indonesia
*Corresponding author. Email: ulyafajri@gmail.com
Corresponding Author
Ulya Fajri Amriyeny
Available Online 23 November 2021.
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.

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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.211112.006
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.006How 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  - 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  -