Fear-Based Law Enforcement (A Study of the COVID 19 Pandemic in Indonesia)

Firman Freaddy Busroh

Sumpah Pemuda School of Law, Palembang, Indonesia.

Fatria Khairo

Sumpah Pemuda School of Law, Palembang, Indonesia

Abstract:

The COVID-19 pandemic cast a shadow of apprehension over every country, including Indonesia, where the infectious disease took a firm hold. President Joko Widodo declared a public health emergency in Indonesia in late March 2020. The Indonesian authorities initially downplayed the severity of the disease, resulting in a delayed response to the pandemic and the implementation of health-related quarantine measures two to three months after the virus's emergence in the country. This paper employs a qualitative normative approach to examine the enforcement of fear-based laws in Indonesia. The findings reveal that Indonesia has four fundamental laws pertaining to emergencies, which are invoked when specific state conditions persist. Among these four laws, the most pertinent ones for managing the legal aspects of COVID-19 are the second and fourth laws: Law number 24/2007 concerning disaster management and Law 6/2018 related to health quarantine. This study provides valuable insights for legal experts in Indonesia by delving into the four key emergency laws in the country. Additionally, it contributes theoretically to the expanding literature on the enforcement of fear-based and emergency laws in Indonesia. The study also addresses its limitations and offers suggestions for future research.

Keyword:

Emergency Laws, Fear Based Laws, Pandemic, Indonesia, Covid-19