DOES THE COVID19 PROTOCOL MIGHT BE CONSIDER LAW: WHY THE INDONESIA GOVERNMENT DOUBFULL TO ENFORCE THE LAW Caecilia Waha, Theodorus Lumunon, Luh Putu Sudini
Sam Ratulangi University
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.
This article discusses the basis of legal legitimacy for the government to prevent COVID19 with the authority of the government to issue regulations and laws both endorsed by parliament and the government as mandates to carry out tasks in the field of public health. Analyzing several sources of law, laws and regulations as well as reviewing community responses through mass media.
This research was conducted with qualitative techniques and data collection techniques carried out by means of focus group discussions of 15 key informants with backgrounds, medical staff, nurses, public health workers and legal practitioners who are at the post graduate school level. They were asked 5 general questions which were elaborated during an open interview.
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.
Keywords: transmission prevention, law sources, order, protocol, administration law
