President Joko “Jokowi” Widodo has declared a public health emergency followed by large-scale social restrictions. However, the policy has not been effective.
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President Joko “Jokowi” Widodo has declared a public health emergency followed by large-scale social restrictions. However, the policy has not been effective.
The President issued on 31 March, 2020 Presidential Decree No. 11/2020 concerning the declaration of a public health emergency related to COVID-19, Government Regulation (PP) No. 21/2020 concerning large-scale social restrictions for rapid COVID-19 handling and Government Regulation in Lieu of Law (Perppu) No. 1/2020 concerning state finance policy and financial system stability for the handling of the COVID-19 pandemic.
The President has made a legal basis for tackling the outbreak of the new coronavirus, referring to Law No. 6/2018 concerning the health quarantine. A number of regions, including at the lowest level, such as neighborhoods and villages, in addition to regencies, cities or provinces, have already made their own restriction policies, including local lockdowns, which is unknown in the country\'s legal system.
The authority to impose a large-scale social restriction (PSBB) policy or quarantine, which some people interpret as a lockdown, according to Law No. 6/2018 is in the hands of the central government. The President chose PSBB, which could be interpreted as limiting certain activities of residents in an area suspected of being infected with the new coronavirus, to prevent the possibility of spreading COVID-19. Regional administrations can also implement the PSBB in their regions, but must obtain the approval of the health minister.
The ball is in the hands of the health minister. In addition to the governor, regent or mayor, according to PP No 21/2020, the chairperson of the COVID-19 rapid response task force can propose large-scale social restrictions in a particular area to the health minister. For restrictions that are interregional, of course the authority to determine the status is in the hands of the health minister.
The Jakarta provincial administration on Thursday (2/4/2020) sent a letter to Health Minister Terawan Agus Putranto to designate Jakarta as a PSBB area. Jakarta Governor Anies Baswedan explained that as a COVID-19 epicenter, the number of patients related to COVID-19 in the capital city was very high (Kompas, 3/4/2020). Other regional heads and the chairperson of the COVID-19 rapid response task force may also propose that certain regions be designated as PSBB areas. Jakarta residents and other regions are awaiting the health minister\'s decision.
The President gave the health minister two days to issue a ministerial regulation that will set out criteria for the PSBB. According to our calculations, the deadline for the issuance of the ministerial regulation would be this Saturday (4/4/2020). No more time! People suffering from the COVID-19 pandemic, both directly and indirectly, must be immediately helped and rescued.
The existence of the state is to protect its citizens. Please, set the date immediately and run the large-scale social restrictions. No more unnecessary discussion between state administrators.