Dilemma of Regional Health Protocol Enforcement

Kompas/AGUS SUSANTO

Violators of large-scale social restrictions (PSBB) affected by the PP police raid recorded his data before serving a sentence sweeping the sidewalks on Jalan Bekasi Barat, around the Locomotive Market, East Jakarta, Monday (22/6/2020). Residents who refuse punishment will be fined Rp. 250,000.

JAKARTA, KOMPAS – Issuing regional bylaws that impose heavy sanctions is one way to encourage people to improve their compliance with the health protocol to prevent Covid-19 transmission. However, formulating and drafting the bylaws will take at least until the end of the year, while the regional tallies of Covid-19 cases continue to soar.

More legally binding bylaws are needed, but drafting them is racing against the continuing spike in infections. This is a dilemma, because the prevailing regional regulations lack legal force in imposing criminal sanctions for violating the health protocol.

Governors, regents and mayors in several regions have issued bylaws to regulate the Covid-19 health protocol and to adopt the “new normal” transitional phase. Some provinces like Jakarta, West Java and East Java have issued gubernatorial regulations. In second-tier administrative regions like the regency of Bantul and the municipalities of Depok and Surabaya, regional heads have also issued regency and municipal regulations. These regulations impose sanctions on residents who violate the health protocol and include fines and community service like cleaning public facilities.

Fine as a penalty involves reducing a person\'s right.

The bylaws were formulated with reference to Presidential Instruction No. 6/2020 on Increasing Health Protocol Compliance and Enforcement in Covid-19 Prevention and Control. Yet, the regional regulations are deemed less legally binding in terms of imposing fines as a criminal sanction.Law lecturer Herdiansyah Hamzah at Samarinda’s Mulawarman University said that the imposition of fines or detention as a penalty must be stipulated in a law or at the very least a bylaw according to Law No. 12/2011 on legislation. Article 15 of the law stipulates that only laws or bylaws have the legal power to regulate criminal penalties.

“Fines as a penalty involves reducing a person’s right. It should be stipulated in a bylaw that has the approval of the regional head and the regional legislative council as public representatives,” Herdiansyah said on Thursday (13/8/2020).

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KOMPAS/FABIO MARIA LOPES COSTA

Provita Hospital stopped inpatient services in Jayapura City, Papua, Wednesday (15/7/2020), after 36 health workers in this hospital were exposed to Covid-19.

Several regions are planning to pass a bylaw on health protocol enforcement, including Jayapura municipality and Lampung province. Jayapura Deputy Mayor Rustam Saru, who also chairs the Jayapura Covid-19 Task Force, is currently preparing draft city bylaw.

To date, Jayapura regulates Covid-19 control and health protocol enforcement under Mayoral Regulation No. 19/2020. Although the regulation stipulates sanctions for violators, Rustam said that he had doubts over whether the regulation had the legal force to impose the sanctions.

The Jayapura city administration intends to propose endorsing the mayoral regulation through a bylaw. Jayapura Council Speaker Abisai Rollo is ready to open discussions on the proposed bylaw at the local legislature.

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Lampung Council Commission V has already started deliberating the issuance of a bylaw. But the draft bylaw is intended to have broader legal reach in mandating public protection as part of disease management. The Covid-19 epidemic is being viewed as an opportune moment to draft a bylaw on epidemic prevention and control in the upcoming session. Even so, Lampung Council Commission V member Apriliati said that the draft bylaw would be finished at the end of this year, with deliberations to commence in 2021.

The Lampung Council and the Lampung provincial administration are currently deliberating 22 draft bylaws, of which 12 are still in the first stage of deliberations. The Lampung Council is yet to start deliberating seven draft bylaws submitted by the provincial administration and three draft bylaws from last year.

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KOMPAS/VINA OKTAVIA

The Discipline Enforcement Team of the Bandar Lampung City Covid-19 Task Force provides social sanctions for residents who do not wear masks while driving on a protocol road in Bandar Lampung, Wednesday (12/8/2020)

The Balikpapan municipal administration is also mulling over plans to draft a bylaw on health protocol enforcement. But Balikpapan Council Speaker Abdulloh said it would be impossible to start deliberating the draft bylaw this year.

“Our movements are considerably limited at present. Zoom meetings are not [optimal], either. God willing, I will include it in the2021 Regional Legislation Program. At this time, the mayoral regulation should first be implemented and its enforcement tightened,” he said.

Hospitals almost full

Cirebon, West Java, has reported that the spike in confirmed Covid-19 cases has nearly filled all available isolation wards at several hospitals. Data from the Cirebon Health Office shows that 90 percent of 84 beds in the isolation wards of seven hospitals were nearly at capacity on Thursday. All 37 beds at Gunung Jati Regional Hospital’s isolation ward were all occupied.

Cirebon has recorded 49 confirmed cases and five deaths, with 14 patients in isolation and 30 recovered patients. It has recorded 20 new cases in the past month.

“This indicates that the second wave of Covid-19 infection has occurred in the city of Cirebon,” said Cirebon Health Office head Edy Sugiarto.

(CIP/VIO/FLO/IKI).