HUMAN RIGHTS VERSUS MAJOR SCALE SOCIAL RESTRICTIONS IN THE PANDEMIC ERA OF COVID-19

HUMAN RIGHTS VERSUS MAJOR SCALE SOCIAL RESTRICTIONS

IN THE PANDEMIC ERA OF COVID-19

                                                                                                                                                                          By

I Nengah Suantra

Preliminary

COVID-19 (Corona Virus Disease 2019) is an infectious disease caused by a type of coronavirus that has only been known since the outbreak in Wuhan, China, December 2019. In Indonesia it was announced since March 2020 (https://www.who.int/Indonesia / .., 28/06/2020: 1; Rizal Fadli, https://www.halodoc.com/…, 28/06/2020: 1). COVID-19 has infected humans in 223 countries, 90,335,008 confirmed, and 1,954,336 people died, around the world. Meanwhile, in Indonesia, there were 869,600 positive people, 25,246 died, and 711,205 recovered. (https://covid19.go.id/).

In this regard, countries, including Indonesia, have issued policies to prevent the spread - transmission, and even strive to eliminate COVID-19 from the earth. Why not, the corona virus has caused various changes in all aspects of the life of individuals, society, nation and State; also having an impact on political, economic, social, cultural, defense and security aspects, as well as community welfare. Basically, these policies limit the freedom of individuals and groups to carry out activities in a normal way in every aspect of life. As the consequences, various new problems emerged in the community, pro and contra attitudes emerged as a reaction to these policies. The contra argues that there have been violations of human rights (human rights), even then they have been dragged into the political realm with the accusation that the government has violated the law (https: //www.voaindonesia.com / ..., 17/05/2020: 1). Starting from here, is it true that large-scale social restrictions (PSBB) are against human rights and violate the law?

PSBB (Large-Scale Social Restrictions)

PSBB is a policy to restrict certain activities of population in an area suspected of being infected with COVID-19 in such a way as to prevent the possibility of its spread, in the context of efforts to prevent health quarantine as stipulated in Law Number 6 Year 218 concerning Health Quarantine. The government has issued PP. 21 of 2020 concerning PSBB, Minister of Health Regulation No. 9 of 2020 concerning PSBB Guidelines for the Acceleration of Handling Covid-19, and Presidential Decree No. 7 of 2020 concerning the Task Force for the Acceleration of Handling Covid-19. In addition, each province and district has also issued policies to reduce the spread of Covid-19, according to the conditions of their respective regions. However, local governments can only implement the PSBB to limit the movement of people and goods in their territory if they have the approval of the Minister of Health (Articles 1 and 2 of PP 21/2020).

The application of the PSBB is carried out with strict requirements, namely the number of cases and / or the number of deaths due to Covid-19 increases and spreads significantly and rapidly to several regions and there is an epidemiological connection with similar occurrences in the region. Moreover, it must continue to consider the needs of education, work productivity and worship of the population by paying attention to the fulfillment of the basic needs of the population and carried out it in coordination and cooperation with various related parties (Articles 3, 4 and 5 of PP 21/2020)

Thus, the PSBB essentially aims to protect the population, individuals and groups; even protection of the right to life and fulfillment of the right to welfare. This is in accordance with Articles 28A and 28C of the 1945 Constitution as well as Articles 4, 9, and Part Seven of Law no. 39 of 1999.

The Nature of Human Rights

Human rights are understood as natural rights that are inherent in humans as a gift from the Almighty God, not as a gift from the State or not formed based on law. The essence of human rights is actually derived from the 1948 UDHR Preamble, as a reminder of the obligation to respect, protect and fulfill (obligation to respect, to protect, and to fulfill) human rights. P. Alson and A.M. Bolin Pennegard emphasized that "Human rights could generally be defined as those rights which are inherent in our nature and without which we cannot live as human beings."

Osgar S. Matompo, Muliadi, and Andi Nurul Isnawidiawinarti Achmad argued that human rights consist of equal rights and freedom of rights, two of the most fundamental rights. Without these two rights, it is very difficult to enforce other human rights. Recognition of human rights not only facilitates each individual to enjoy life naturally, but also provides a number of obligations to foster and improve it. Allan McChesney emphasizes the fundamental principles of human rights, including treating people with respect and dignity.

Thus, human rights are essentially a standard for behavior in private and community life, and as an instrument of limiting power so that the ruler is not arbitrary. Article 28J of the 1945 Constitution of the Republic of Indonesia stipulates that there are obligations in exercising rights and freedoms, namely the obligation to respect the human rights of others, must comply with the restrictions determined by law, morals, religious values, security and public order in a democratic society.

Conclusion

PSBB, although limiting activities for individuals and groups, does not conflict with human rights and does not violate the law. Precisely as an effort to fulfill the right to life and the right to welfare. This is in line with the nature of human rights as an instrument that not only facilitates freedom but also imposes an obligation to comply with restrictions in accordance with moral, religious, security and law order, provisions of laws and regulations.