URGENSI PENERAPAN HUKUM TATA NEGARA DARURAT DALAM PENANGGULANGAN BENCANA CORONA VIRUS DISEASE 2019 DI INDONESIA

Abstract

The development of the spread of this virus continues and occurs not only in China
but spreads widely throughout the world, including one of them to Indonesia. With a large
number of deaths and endangering the country, on January 30 2020 the World Health
Organization (WHO) declared the Corona Virus Disease 2019 outbreak or what is known
as Covid-19 as a public health emergency that is worrying the world and on March 11 2020
an outbreak was announced. as a pandemic. So that various protection efforts are carried
out by each country with different policy implementations. Because compared to other
aspects, health is one of the basic human needs and without human life becomes
meaningless. Even though there have been regulations governing health under Law Number
36 of 2009 concerning health, arrangements to tackle the spread of Covid-19 in Indonesia
are not only sufficient based on the health law alone, it requires policies from the
government to tackle Covid-19 by based on state ideology as well as international
conventions.
Regarding the Covid-19 pandemic from the perspective of this Constitutional
Emergency Law, and looking at the policies and legal instruments that have been stipulated
by the President, it does not categorize Covid-19 into a dangerous category but falls into the
second terminology, namely urgent urgency in accordance with Article 22 of the
Constitution. 1945 Indonesia is currently in a state of emergency as stated in Presidential
Decree (Keppres) Number 11 of 2020. These difficult conditions require appropriate
policies in accordance with more advanced and responsive efforts in accordance with laws
and regulations. provision.
The Urgency of Implementing Emergency Administrative Law in Managing the
Covid-19 Disaster can be an instrument for the government in overcoming an abnormal
state of affairs. Therefore, this Emergency Constitutional Law can be an effective and
efficient alternative or solution in overcoming a state problem that is currently in an
emergency. In the conditions of the Covid-19 pandemic, the government made a legal
choice as a Health Emergency, but in overcoming the Covid-19 pandemic, various legal
instruments have regulated it so that the government declared the Covid-19 pandemic a
national disaster with Presidential Decree (Keppres) No. 11 of 2020 .
Keywords: Corona Virus Disease, Lockdown, Constitutional Law Emergency.