The Pandemic and Justice

KOMPAS/HERU SRI KUMORO

A reporter listens to President Joko Widodo’s opening speech for a limited Cabinet meeting on Tuesday (31/3/2020) by video link in Jakarta. The meeting discussed protocols for the repatriation of Indonesian migrant workers (TKI) and restricting foreign arrivals and transits in the country to prevent importing Covid-19 cases, particularly in relation to the wave of returning Indonesians.

The efforts to mitigate the spread of the coronavirus that causes Covid-19, must pay attention to public justice, particularly for affected communities.

Government Regulation in Lieu of Law (Perppu) No. 1/2020 on the State Finance and Financial System Stability in the Framework of the Covid-19 Pandemic contains policies that prioritize disadvantaged citizens and those directly affected by the Covid-19 outbreak. Among many things, the Perppu states that the Covid-19 pandemic is slowing national growth. The government needs to save the national health and economy by focusing on health care, social safety nets, and economic recovery that covers both affected businesses and people.

Also read : Prevent Further Spread of COVID-19

President Joko Widodo signed the Perppu on 31 March 2020 along with other documents that provided the legal bases for mitigative measures against the spread of Covid-19. The government’s related Covid-19 policies in other fields must certainly not deviate from the President’s basic stance. The policy approach of the Law and Human Rights Ministry to prevent the spread of the coronavirus at correctional facilities must also toe the President’s line of paying attention to the sense of public justice.

The policy has caused debate, because some people were concerned that corruption convicts would be among the released prisoners.

When the Covid-19 epidemic emerged in Indonesia, than 260,000 prisoners and detainees filled the nation’s prisons, which can accommodate around 130,000 inmates. They are highly likely to be exposed to the coronavirus.

Through Ministerial Regulation No. 19/2020 and Ministerial Decree No. M.HH-19.PK.01.04.04/2020, Law and Human Rights Minister Yasonna Laoly has taken the decision to allow eligible prisoners to be released on parole or into social rehabilitation programs in a bid to reduce overcrowding and curb the spread of the coronavirus at the country’s prisons. The policy has caused debate, because some people were concerned that corruption convicts would be among the released prisoners.

Also read : Ban Mudik Travels to Curb Covid-19 Spread

KOMPAS/HERU SRI KUMORO

Anticorruption Civil Society Coalition activists leave the Corruption Eradication Commission (KPK) building, Jakarta, after reporting Law and Human Rights Minister Yasonna Laoly to the KPK on suspicion of inhibiting and interrogating investigations related to bribery cases implicating a former legislative candidate from the Indonesian Democratic Party of Struggle (PDI-P), Harun Masiku, Thursday (23/1/2020).

In fact, Government Regulation No. 99/2012 on the Terms and Procedures for Fulfilling the Rights of Prisoners strictly governs the granting of remissions, social rehabilitation and parole to prisoners convicted of terrorism, drug crimes, corruption and crimes against national security, gross human rights crimes, as well as transnational and organized crime. Even so, the names of 22 corruption convicts were included along with the names of 31,786 inmates convicted for general crimes that were eligible for release under the law ministry’s program.

This caused public controversy and disturbed the people’s sense of justice. The ministerial regulation should not contradict any higher regulations. Coordinating Minister for Political, Legal and Security Affairs Mahfud M.D. has issued assurances that prisoners and detainees related to crimes of corruption, terrorism and drugs would not be among those eligible for release under the ministry’s Covid-19 policy (Kompas, 5/4/2020).

The people were relieved. Their sense of justice had been respected. Yet, there appears to have been a problem in communicating the ministry’s policy to the public. Or perhaps, could there really be individuals who intend to play with the people’s sense of justice during the pandemic