Model of Legal Approach to Pandemic Disease Control in Indonesia

Abstract

Objective: The research intends to offer a prescription or model for a legal strategy that balances the objectives of health and human welfare to limit disease pandemics in the future. Method: The legal approach model was created by examining the achievements, failures, and variables affecting the execution of policies in the provinces of East Java and West Sumatra utilizing effective and responsive legislation. The research method used is empirical research with a socio-legal approach to see the effectiveness of law enforcement in society. Data were collected from organized research subjects through interviews and literature studies on COVID-19 control regulations, then analyzed qualitatively. Results and Conclusion: As a result, policies in the Provinces of East Java and West Sumatra, apart from synergizing with central government policies, also make additional efforts and innovations according to specific local characteristics and involve all elements of the Pentahelix community, as well as regional jargon. The harmonious legal approach model is composed of legal effectiveness based on (1) the substance of the regulations, including clear rules, rewards, and sanctions; (2) the institutional structure of the COVID-19 task force, which was formed down to the micro level, including the addition of law enforcement groups and teams; and (3) legal culture or community compliance forms through communication, law enforcement, the involvement of community leaders, and legal pluralism. Responsive law is a means of public aspirations, namely: (1) mainstreaming people's safety without neglecting economic interests, welfare, or human rights violations; (2) law is state-centered in an emergency context but is limited by human rights and the legal system; (3) the principle of openness to public aspirations and participation; (4) complying with the principle of forward fulfillment; (5) preventing moral hazard, abuse of authority, and corrupt acts taking advantage of crises; 6) active community involvement, involvement of community leaders, and upholding Indonesian values. The implementation of the COVID-19 countermeasures policy in the Provinces of East Java and West Sumatra has succeeded in controlling the transmission of the virus effectively Research Implications: The research results can provide valuable input for public policy makers, especially in the development of more effective regulations and policies in controlling pandemic diseases. It can help the Indonesian government to update and strengthen the existing legal framework.