Research Article
Regional Quarantine Policy by the Head of Regions Reviewed from Administrative Legal Perspective
@INPROCEEDINGS{10.4108/eai.8-6-2021.2314428, author={Riska Alkadri and Duhita Duriyah Suprapti and Muhammad Adji Rahardian Utama}, title={Regional Quarantine Policy by the Head of Regions Reviewed from Administrative Legal Perspective}, proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2022}, month={2}, keywords={regional quarantine decentralization policy regulations}, doi={10.4108/eai.8-6-2021.2314428} }- Riska Alkadri
Duhita Duriyah Suprapti
Muhammad Adji Rahardian Utama
Year: 2022
Regional Quarantine Policy by the Head of Regions Reviewed from Administrative Legal Perspective
ICILS
EAI
DOI: 10.4108/eai.8-6-2021.2314428
Abstract
In early 2020, the Indonesian people were shocked by the announcement of two positive Covid-19 patients which marked the Corona Virus outbreak in Indonesia. A number of groups have urged the government to lock down or temporarily close the flow of national traffic. However, this was not done by the Central Government. On the other hand, there are a number of areas that have implemented a local lockdown or Regional Quarantine because of the very big concern about the spread of the outbreak in their area. The actions of several regional heads have drawn pros and cons because they are considered contrary to Law Number 6 of 2018 concerning Territorial Quarantine. Administrative law through the concept of freies ermessen provides space for freedom for State Administrative Officials to make a policy regulation when there is an emergency and there are no clear rules regulating it. This concept allows state Administrative Officials to take discretion as an alternative to the application of the legality principle which has weaknesses. Discretion was born to overcome the problems of legal vacuum that occur in society in the context of carrying out the state administration function and achieving welfare goals