Legal Framework Derogation of Human Rights During the Covid-19 Pandemic

Abstract

The Covid-19 pandemic that has hit Indonesia since early March 2021 has impacted various sectors of life, especially the health sector and the economic sector. In response to Covid-19, the Indonesian government has issued various policies, including  Large-Scale Social Restrictions (PPSB). Implementation of PPSB has had a significant impact on the fulfillment of the economic rights of the Indonesian people.

This conceptual paper will examine the legal framework derogation of human rights during the Covid-19 pandemic. The state's responsibility to protect human rights is divided into three aspects: the responsibility to guarantee, the responsibility to fulfill, and the responsibility to enforce. However, in an emergency, the responsibility for protecting human rights can be derogated. These restrictions are subject to two main conditions, only for derogable rights and determined by law.

Through a juridical normative approach and literature study, this paper analyzes the comparative legal basis issued by the government regarding the handling of Covid-19, which has implications for limiting the fulfillment of human rights. In positive Indonesian law, there are several provisions of laws and regulations relating to health emergencies and non-natural disasters on a national scale, including Law Number 36 of 2019 concerning Health, Law Number 24 of 2007 concerning Disaster Management, Law Number 6 of 2018 concerning Health Quarantine, Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating Handling of Covid-19.