Legal Protection For Citizens Rights’ From Quarantine Areas Secretly And Without a Basis During The Covid19 Pandemic

Abstract

: Covid-19 pandemic that occurred in several countries in the world, including Indonesia, caused many new phenomena in society, including in legal, social and economic terms. The police have carried out many dispersal of crowd activities ranging from cafes to parties. Many short videos have been circulated about the disbandment of the party and statements by members of the National Police that ordering their subordinates to take the organizer of the activity to the police station. Starting with the Declaration of the Head of the Indonesian National Police Number: Mak/2/III/2020 regarding Compliance with Government Policies in Handling the Spread of the Corona Virus (Covid-19) on March 19th 2020. POLRI also issued the “Covid-19 Pandemic Guidelines for Law Enforcement”. On page 9 it says that, “Restriction of movement at crossing points the border, in the Lock Down area”. The implementation of emergency conditions, dispersal force, including the secretive area quaantine not only caused panic for the community but also had an impact on social and economic life, especially for the poor and vulnerable group. The fulfillment of basic human rights, such as the right to get food and other necessities during the emergency period becomes very difficult, on the other hand they are actually sanctioned because they do not follow the emergency status, which actually doesn't exist yet. Basically, guarantees for the protection of the rights of Indonesian citizens have been guaranteed in the 1945 Constitution of the Republic of Indonesia and there are also various laws that regulate human rights. However, there are several forms of government discretion regarding emergencies that have resulted in many interpretations of guaranteeing the rights of citizens in the future, in addition, many legal policies have changed as an effort to deal with the Covid-19 Pandemic in Indonesia. The identification and analysis of legal regulations needs to be carried out more in-depth research, both in terms of regulations and policies to ensure the rights of citizens so that they are protected during the pandemic in Indonesia. The phenomenon of regional quarantine is becoming widely practiced in various regions, but have these activities been researched regarding the fulfillment of the basic rights of citizens? Especially for regional quarantine which is implemented secretly and is not in accordance with the Covid-19 pandemic. Therefore, it is necessary to analyze the legal regulations properly so that Government policies in order to accelerate the handling of the Covid-19 Pandemic do not violate the basic rights of citizens. The research method that used in this research is Normative legal research, with an emphasis on the source of law, legislation, government policies and existing literature. The research analysis method that used is descriptive analysis. To do a follow up of this research in order to have more value, then after this research is complete, the researcher will upload the results of this research to an accredited national journal and this can be used as teaching materials and discussions related to Law and Human Rights and the State of Law and Democracy especially in the Faculty of Law, University of Merdeka Pasuruan..