On 31 December 2019, the WHO of China Country Office reported a case of pneumonia whose etiology is unknown in Wuhan City, Hubei Province, China. On the 7th January 2020, China identifies the unknown etiology of pneumonia as a new type of coronavirus (novel coronavirus pneumonia). In early 2020 novel coronavirus pneumonia started to become a global epidemic and became a health problem in several countries in outside of China. Based on the World Health Organization (WHO), pneumonia cluster case with unclear etiology in Wuhan City has become a health problem around the world.
The increase in the number of COVID-19 cases took place quite quickly and has already occurred spread beyond the Wuhan region and other countries. Until 8th May 2020, globally there were 3.85 million confirmed cases in 215 countries with 270 thousand of deaths.
Indonesian Government Regulations regarding Coronavirus.
1. Based on the spread of the coronavirus in Indonesia, the central government has issued several regulations in an effort to cut the spread of the coronavirus in Indonesia. The several regulations are as follows:
a. Government Regulation Number 21 of 2020 regarding Large-Scale Social Restrictions in the Framework of Accelerating the Covid-19’s Handling (“GR 21/2020”).
President made the GR 21/2020 which regulates the matter of Large Scale Social Restrictions (“PSBB”) to break the chain of coronavirus spread. This regulation is considered more suitable to be applied in Indonesia than the area quarantine or lockdown options.
In the GR 21/2020 which was signed on 31 March 2020, it was explained that the local government may apply the PSBB with the approval of the Minister of Health (“MOH”). Social restrictions are meant to limit the movement of people and goods to the province, district or city.
Based on Article 3 of this Government Regulation, PSBB must meet a number of conditions, namely, the number of cases or the number of deaths due to disease increased significantly and there are epidemiological links with similar incidents in other regions or countries. PSBB at least includes, school and workplace entertainment, restrictions on religious activities, and restrictions on activities in public places or facilities as stated in Article 4 paragraph 1.
The rules regarding PSBB are explained in more detail through MOH Regulation Number 9 of 2020 regarding the PSBB Guidelines. Currently, MOH has approved PSBB in several areas, such as DKI Jakarta, West Java, West Sumatera, South Tangerang City, Tangerang City, Tangerang Regency, Pekanbaru City, Tegal City and Makassar City.
b. Presidential Decree Number 11 of 2020 regarding Determination of Public Health Emergency Status (“PD 11/2020”).
President has issued a Presidential Decree on the status of public health emergencies amid the Corona pandemic. The determination of this status is realized by the extraordinary spread of the virus and is characterized by an increasing number of cases and figures;
c. Government Regulation in Lieu of Law Number 1 of 2020 regarding State Financial Policies and Financial System Stability for Handling Covid-19 (“Perppu 1/2020”).
Based on this regulation, President has announced an additional budget for handling the coronavirus in amount of Rp 405.1 trillion. With details, Rp. 75 trillion for the health sector, Rp. 110 trillion for the social safety net. Hereinafter, Rp. 70.1 trillion for tax incentives and KUR stimulus. Furthermore, Rp 150 trillion is allocated to finance the national economic recovery program.
d. Presidential Regulation Number 54 of 2020 regarding Changes in Posture and Details of the APBN for the 2020 Budget Year.
The regulation was issued by President based on Perppu 1/2020. Through this regulation, the ministries and institutions' budget were cut to deal with the coronavirus.
President has repeatedly asked that the central and regional government to reduce the budget from non-priority activities whose the benefits are not felt directly by the community. He asked for the budget to be allocated and diverted to handle coronavirus. Most of ministries and agencies experienced budget cuts. But there are two ministries whose increased the budget during the coronavirus pandemic, such as the Ministry of Health and the Ministry of Education and Culture.
e. Presidential Decree Number 12 of 2020 concerning Determination of Non-natural Disasters Spreading Covid-19 as a National Disaster.
This regulation explains that national disaster management would be carried out by the Task Force for the Acceleration of Handling COVID-19. Hereinafter, the Regional Head became the Chair of the Task Force for the Acceleration of Covid-19’s Handling in their area.
2. Some regional government also issued several regulations to deal with the coronavirus pandemic are as follows:
a. Governor’s of DKI Jakarta Decree Number 412 of 2020 regarding Extension of the Implementation of Large-Scale Social Restriction (“GD 412/2020”).
This regulation explains that DKI Jakarta will extend the PSBB period which previously stipulated in Governor Regulation Number 33 of 2020 regarding Implementation of Large-Scale Social Restriction in Handling Coronavirus Disease 2019 in DKI Jakarta. GD 412/2020 stipulated that the PSBB of DKI Jakarta’s period is valid until 21 May 2020.
Social restrictions are intended to limit the movement of people and goods to the province, district or city. PSBB at least includes, school and workplace entertainment, restrictions on religious activities, and restrictions on activities in public places or facilities.
b. Governor’s of West Java Decree Number 443/Kep.259-Hukham/2020 regarding Implementation of Large-Scale Social Restriction in the Region West Java Province in the Frame of Acceleration Coronavirus Disease 2019 (COVID-19) (“GD 443/2020”).
This regulation explains that West Java will extend the PSBB period which previously stipulated in Governor’s of West Java Decree Number 443/Kep.250-Hukham/2020 regarding Implementation of Large-Scale Social Restriction in Handling Coronavirus Disease 2019 (Covid-19) in West Java. GD 443/2020 stipulated that the PSBB of West Java’s period is valid until 19 May 2020.
Social restrictions are intended to limit the movement of people and goods to the province, district or city. PSBB at least includes, school and workplace entertainment, restrictions on religious activities, and restrictions on activities in public places or facilities.
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Sincerely Yours,
Fharel Muhammad Ridho, S.H.
KOMENTAR ANDA