Overview

Original Research

JURIDICAL REVIEW OF CIVIL LIBERTIES IN LARGE-SCALE SOCIAL RESTRICTIONS DURING THE COVID 19 PANDEMIC

KHOLILUR ROCHMAN 1, RETNO SARASWATI 2, and DEDI PRASETYO 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10889183   |   Author Affiliation: Student of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1; Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1,2.   |   Licensing: CC 4.0   |   Pg no: 865-877   |   Published on: 27-03-2024

Abstract

This study aims to analyze civil liberties in large-scale social restrictions during the Covid-19 pandemic. This type of research is normative legal research, with library research methods, with the approach used is a statutory approach, a concept approach, and a case approach. The results showed that 1) the legal framework for the implementation of Large-Scale Social Restrictions (PSBB) during the Covid-19 Pandemic Period was based on the following laws and regulations: a) Presidential Decree (Keppres) No. 11 of 2020 concerning the Determination of Public Health Emergency Status, b) Government Regulation (PP) No. 21 of 2020 concerning Large-Scale Social Restrictions. c) Regulation of the Minister of Health of the Republic of Indonesia No. 9 of 2020, followed by various regional laws and agencies related to handling Covid-19. 2) The Implications of Large-Scale Social Restrictions on Civil Liberties in the Pandemic Period show that there have been various incidents of restraint on civil liberties, as a result of the reduction of rights during health emergencies that do not respect the principles that must be adhered to such as proportionality, necessity, do not conflict with other obligations in international human rights law, and are not discriminatory.

Keywords

PSBB, Civil Liberties, Covid 19, Human Rights.