应对新冠肺炎疫情法律问题中中央与地方政府关系的透视

Ahmad Sabirin, Febrian Duta Adiyaksa, Raafid Haidar Herfian
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摘要

本文的目的是描述中央和地方政府关系在处理covid-19大流行法律问题中的视角。宪法最重要的是对如何领导国家宪法生活的愿望,这可以从结构和国家行政体制中看出。尽管《2018年第6号卫生检疫法》规定,适用“防疫隔离”是中央政府的权力,但在应对新冠肺炎大流行方面,中央和地方政府之间存在差异,例如印度尼西亚多个地区实施了地方封锁或“防疫隔离”政策。另一方面,实施PSBB是地方政府保护社会的责任。由于中央政府应对新冠肺炎疫情的行动迟缓,地方政府似乎先于中央政府展开了斗争。从中央和地方关系的角度来看,克服法律问题或应对新冠疫情的方法是什么?规范法研究是一种研究方法,通过检查图书馆资料作为辅助数据来进行。结果表明,中央政府和地方政府在应对新冠肺炎疫情方面有着共同的责任。为了确保联合协调机构的作用在没有权力摩擦的情况下发挥作用,重要的是要注意以下规则:1)如果处理covid-19大流行的范围是跨省地区。这是中央政府的权力,2)如果处理covid-19大流行的范围是跨县/城市地区。3)如果疫情处理范围在区市范围内,则成为区市政府的权限。
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Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic
The purpose of this article is to describe the perspective between central and regional government relations in legal problems to handling a covid-19 pandemic. The important thing in a constitution is the desire for how the constitutional life of the nation is to be led, which can be seen in the structure and state administration system. There are differences appeared between central and local governments in handling covid-19 pandemic, such as the local lockdown or Pembatasan Sosial Berskala Besar (“PSBB”) policies implemented in several regions in Indonesia, even though Law No. 6 of 2018 concerning health quarantine, the application of PSBB is the central’s government authority. On the other hand, the implementation of PSBB is the responsibility of the regional government to protect society. It seems that the central government’s struggle was preceded by the regional government due to the slow pace of movement that occurred to handle the Covid-19 pandemic the central government. What are solutions to overcoming the legal problems or problems dealing with the Covid-19 pandemic related to the perspective of the relationship between central and regional governments? Normative law research is used as a research method, that conducting by examining library materials as secondary data. The result showed that there is a shared responsibility to handle covid-19 pandemic for both central and regional governments. To make sure that the Joint coordination’s role is done without the friction of authority, it is important to pay attention to the following rules: 1). If the scope of handling covid-19 pandemic is across provinces area. It is the central government’s authority, 2). If the scope of handling covid-19 pandemic is across regencies/cities area. It is the provincial government’s authority, 3). If the scope of handling covid-19 pandemic is in a district/city area, it becomes the district/city government’s authority.
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