Restricting Community Activities As a Middle Way of the Mayor's Policy in Denpasar
29/06/2020 Views : 235
I WAYAN NOVY PURWANTO
The COVID-19 pandemic has indeed become a very big concern not only for the country of Indonesia but also for the entire world to have an impact. In order to maintain the welfare and health conditions of the community, the government also issued a number of regulations to limit community activities in order to immediately break the chain of the spread of the virus as we know that one of the efforts made by the government is "working from home, learning from home and worshiping at home" meaning The government requested that all people quarantine at home to see this virus could not cause symptoms so it's easy to infect people. Restrictions Restrictions on Community Activities (PKM) applied by Denpasar City to suppress social activities in order to suppress the spread of COVID-19 is one alternative to the many alternatives.
In my opinion, with the limitation of community activities, it can help spread the COVID-19 virus, but if we refer to the initial handling by the government, I think the government is too slow and information about this virus at the beginning is very confusing because the government states that Indonesia does not yet have cases infected with the virus but in the end the case of the spread of the virus suddenly raged very widely until now, from several opinions that I reported on the internet some scholars said that the action was a form of human rights violations of the safety of citizens.
In terms of human rights, the National Commission (Komnas HAM) stated that the limitation of social interaction by the government in order to prevent the spread of COVID-19 did not violate human rights or human rights. Where in understanding human rights there are limitations of course with the aim and clear reasons and have the force of law, especially in the midst of the current COVID-19 pandemic. restrictions imposed by the government in accordance with the Siracusa Principle or the principle of limiting human rights. The Siracusa principle is contained in the international covenant on civil political rights as ratified by the government through Law Number 12 of 2005 concerning the international covenant on political civil rights. So it is very clear that the implementation of PKM in Denpasar does not violate human rights.
It is also clearly stated in the Considering Section letter c of Law 6/2018 as follows:
"That as part of the global community, Indonesia is committed to making efforts to prevent the emergence of public health emergencies that are troubling the world as mandated in international regulations in the field of health, and in carrying out this mandate Indonesia must fully respect the dignity, human rights, basics of freedom someone, and its application universally "
This regulation has also been based on the principle of public interest where what is meant by the principle of "public interest" is that in the implementation of health quarantine must prioritize the public interest above personal or group interests. The existence of restrictions on community activities will certainly limit the movement of the community. But this was done to ensure the health of all Indonesian citizens so as not to be infected with the corona virus. Therefore, this cannot be categorized as a violation of human rights.
This is also in accordance with Article 73 of Law Number 39 Year 1999 concerning Human Rights, which states that:
"The rights and freedoms set forth in this Law can only be limited by and based on the law, solely to guarantee the recognition and respect for human rights and the basic freedoms of others, decency, public order, and national interests."
The article mentioned that there are actually other options that can be made to limit community activities such as those already carried out by some regions.
1. Imposition of a curfew, a ban on gathering in a certain amount
In general, this method is very effective if it is applied in several areas where the intensity of the spread of the virus is greatly increased, but if this is applied in Bali it might still be very difficult.
2. Restrictions on the operation of the market
In my opinion this is very good to be applied seeing many cases arising from activities in the market, especially the traditional market, it cannot be avoided because it has become a tradition in each region so that this method is still very difficult to apply.
Keep in mind, Bali is the main city of Denpasar is an area that is still dependent on the tourism sector, so it really wants to be free from COVID-19. With PKM conducted in Denpasar City is very good, it's just that there is a need for socialization or an even understanding for all people.In the midst of the current emergency situation, the key is speed of action. If the speed of action is pitted against bureaucracy, it is useless. People will die first. That has always been our obstacle all this time. In this situation, the speed of action of the government administrator and the discipline of the citizens become crucial. The existence of disciplined citizens is a prerequisite for handling COVID-19, which according to him can not be eliminated. Especially if there are still many citizens' discipline. Then do not expect this disaster can be passed soon. It is inevitable now that there are still many people wandering out there with the aim to make a living by continuing to work, especially in Bali itself, which is very famous for the nightlife. has to do with the community's economy. But in reality many people still do not care about the current situation under these conditions, many residents even see as there is no atmosphere of crisis. So that no matter how good the government tries to deal with this pandemic outbreak, but if the citizens themselves are not disciplined, of course there will be no results. Following are the contents of the articles regulated in PP Number 21 Year 2020 concerning Large-Scale Social Restrictions (PSBB): article 1 In this Government Regulation, what is meant by Large-Scale Social Restrictions is the limitation of certain activities of residents in an area suspected of being infected with Corona Virus Disease 2019 (COVID-19) in such a way as to prevent the possibility of spreading Corona Virus Disease 2019 (COVID-19). Section 2 1. With the approval of the minister who carries out government affairs in the field of health, the Regional Government may carry out Large-Scale Social Restrictions or restrictions on the movement of people and goods to one particular province or district / city.
2. Large-scale social restrictions as referred to in paragraph (1) must be based on epidemiological considerations, the magnitude of threats, effectiveness, resource support, operational technical, political, economic, social, cultural, defense and security considerations. Article 3 Large-scale social restrictions must meet the following criteria: a. the number of cases and / or number of deaths due to disease has increased and spread significantly and rapidly to several regions; and b. there are epidemiological links with similar events in other regions or countries. (criticizing the contents of Article 3 in my opinion there is no clear criteria regarding the number of cases, or how many victims so that the region can apply for PSBB. According to him this criterion must be clarified, so that in refusing or giving permission there are valid and transparent reasons why a permit was granted or why in other cases it is not given If the criteria are not detailed and specific, there is the potential for multiple interpretations on the ground, which can be detrimental to the community, for example the restrictions imposed by Papua that restricted flights and ports before there were victims indicated by Covid-19.) PSPB, Large-scale Social Restrictions are restrictions on certain activities of residents in an area suspected of being infected with a disease and / or contaminated in such a way as to prevent the possibility of spreading the disease or contamination. Based on PP Number 21 Year 2020 Article 1, it is explained that Large-Scale Social Restrictions are restrictions on certain activities in an area suspected of being infected with Coronavirus Disease 2019 (COVID-19). PSBB itself is one of the government's strategies in preventing the possibility of spreading the corona virus, which has also been contained in the PMK regulation number 9 of 2020.
There are many PSBB functions that we will get as a community, such as preventing the occurrence of associations of people, both in small numbers to large numbers, and suppress the spread of the corona virus itself among the community. With the existence of the PSBB, it is hoped that this will be able to protect people from the transmission of Covid-19 to the last case. However, of course there is no successful policy without the cooperation of the community itself. If in the future quarantine (lockdown) is the most stringent choice that allows not all residents to leave the house. In my opinion there are advantages and disadvantages so there must be a very detailed consideration of course this is in order to maintain the welfare of the community and public health to avoid the COVID-19 virus, but as said earlier many people leave the house to make a living so questions arise? If indeed everything is still laid off, how do people meet their daily needs? Can the government guarantee the fulfillment of the needs of all people? It is true what is said that not all people have understood the purpose of this government regulation. There are still many people who think that this is too excessive and is hampering the community's economy so that it takes a polite understanding to the community in implementing these regulations.