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Original Research

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

BUDI SARTONO 1, BUDI SANTOSO 2, and BAMBANG EKO TURISNO 3.

Vol 18, No 07 ( 2023 )   |  DOI: 10.5281/zenodo.8241039   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 2603-2614   |   Published on: 31-07-2023

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 the library research method, with the approach used is the statutory approach, conceptual approach, and case approach. The results showed that 1) the legal framework for the enforcement of Large-Scale Social Restrictions (PSBB) during the Covid-19 Pandemic was based on the following laws and regulations: a) Presidential Decree No. 11 of 2020 concerning Determination of Public Health Emergency Status, b) Government Regulation 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 regulations and related agencies handling Covid-19. 2) Implications of the Enforcement of Large-Scale Social Restrictions on Civil Liberties in the Pandemic Period show that there have been various incidents of limitation of civil liberties, as a result of the reduction of rights during a health emergency that does not respect the principles that must be adhered to such as proportionality, necessity, not contradicting obligations. Others in international human rights law, and are not discriminatory.


Keywords

PSBB, Civil Liberties, Covid 19, Human Rights