How to cite:

Abdul Kahar Maranjaya, Rifani Firyal Faruqi. (2021). Analysis of

Governor's Regulation Concerning the Implementation of Large-

Scale Social Restrictions in Handling Covid-19. Journal Eduvest.

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Eduvest – Journal of Universal Studies

Volume 1 Number 10, October 2021

p- ISSN 2775-3735 e-ISSN 2775-3727

ANALYSIS OF GOVERNOR'S REGULATION CONCERNING THE

IMPLEMENTATION OF LARGE-SCALE SOCIAL RESTRICTIONS IN

HANDLING COVID-19

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Muhammadiyah University Jakarta

E-mail: [email protected], [email protected]

ARTICLE INFO ABSTRACT

Received:

September, 26

2021

Revised:

October, 14

2021

Approved:

October, 15

2021

The purpose of the issuance of this Government

Regulation concerning Large-Scale Social Restrictions is to

ensure that the Regional Government does not take

individual steps, so that with the existence of this

Government Regulation, steps handling of Covid 19 can be

in line with the Central Government. For this reason, the

author is interested in conducting research with the aim of

finding out whether Pergub Number 88/2020 is the

implementing regulation of the legislation. This study uses

a normative juridical approach. In conducting the

research, the writer uses the library research method to

review a statutory regulation, which can be obtained from

a literature research by using primary, secondary, and

tersier legal materials. Based on the discussion of this

research, it is concluded that the Governor's Regulation

Number 88 of 2020 concerning the Implementation of

Large-Scale Social Restrictions (PSBB) in Handling Corona

Virus Disease 2019 (Covid-19) which was issued first

before the regional regulations that were formed later

needed to be updated in substance into a Regional

Regulation and issued back to the new Governor

Regulation. This step is taken to ensure the

synchronization of the national legal system by means of

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1109

vertical synchronization and horizontal synchronization. In

Government Regulation No. 38 of 2007 which is a

derivative of Law no. 32 of 2004 regulates the division of

government affairs between the Government, Province,

and Regency/City.

KEYWORDS

Governor’s Regulation, Large-Scale Social Restrictions, Covid-

This work is licensed under a Creative Commons

Attribution-ShareAlike 4.0 International

INTRODUCTION

At present, the world is being hit by a virus outbreak, so with this, the World

Health Organization (WHO) has designated Corona Virus Disease 2019 or Covid-19 as a

pandemic threat (Organization, 2020). This pandemic is happening in various countries,

especially in Indonesia. With this pandemic, it has a very bad impact on the lives of all

mankind (Caraka et al., 2020).

The definition of a pandemic according to the Big Indonesian Dictionary (KBBI)

is an epidemic that spreads simultaneously everywhere or covers a wide geographical

area (Herawati, 2021). The first time this case was discovered was in Wuhan, China

before it spread to almost all over the world. The spread of Covid-19 is very fast and no

one can predict when the Covid-19 Pandemic will end (Kraemer et al., 2020). The case of

Covid-19, which is a global pandemic, clearly raises concerns from various circles,

especially the public (Morrison, Jurak, & Starc, 2020). People's concerns are increasingly

felt by seeing a fairly rapid spike in cases, and seeing the lack of readiness of several

elements that are vital enough to "fight" the corona virus (Arner et al., 2020).

Seeing the level of distribution is so high that it requires the government to

immediately take strategic steps. By establishing anticipatory policies to overcome the

impact of COVID-19. On March 31, 2020, President Jokowi held a Press Conference,

with the aim of announcing to the public the policies he had chosen to address COVID-19

as a global pandemic that the Indonesian people are currently facing. At the press

conference, President Jokowi issued a statement that the Large-Scale Social Restriction

(PSBB) policy was the chosen policy in response to a Health Emergency (Ristyawati,

2020).

Law Number 6 of 2018 concerning Health Quarantine is the legal basis for this

anticipatory policy. Definition of Large-Scale Social Restrictions are restrictions on

certain activities of residents in an area suspected of being infected with Corona Virus

Disease 2019 (COVID-19) in such a way as to prevent the possible spread of Corona

Virus Disease 2019 (COVID-19) (Ivanka, 2020). During the Press Conference, President

Jokowi also emphasized that Regional Governments should not implement their own

policies in their territories that are not in accordance with the protocols of the Central

Government (Wadjo, 2021). Regional governments and private parties must comply with

the PSBB determined by the central government, if they do not comply with or hinder the

implementation of the PSBB, they can be subject to criminal sanctions (Anggriawan,

2020).

In fact, since the beginning of the COVID-19 case appearing in Wuhan, China,

the Central Government in Indonesia has not declared anything to the general public

(Asyary & Veruswati, 2020). However, when viewed from regional leaders, it turns out

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that they are more alert in dealing with this COVID-19 case (Han et al., 2020). This

makes it visible that there is a lack of coordination between the Central Government and

Regional Governments in terms of making policies, even policies issued by the central

government and local governments often overlap (Ma et al., 2014). In the midst of

concerns about the COVID-19 case, what the public needs is the government to be able to

provide protection to its citizens according to the mandate of the 1945 Constitution of the

Republic of Indonesia, one of which is the policy in responding to COVID-19

(Setyagama, 2020).

Then after the determination of the World Health Organization (WHO) against

the Corona Virus Disease 2019 (COVID-19) outbreak as a global pandemic, the DKI

Jakarta Provincial Government has made various prevention efforts including the

Governor's Regulation (Pergub) (Purba, Suwanda, Adi, & Wijaya, 2021).

With the issuance of several Governor Regulations, it is clear that the Regional

Government is more alert in dealing with the COVID-19 pandemic than the Central

Government. From this, the Central Government seems a bit slow in dealing with

situations like this, because the Central Government has just issued Government

Regulation No. 21 of 2020 concerning Large-Scale Social Restrictions in the Context of

Accelerating the Handling of Covid-19 (PP PSBB) on March 31, 2020. Covid-19 positive

patients are increasing.

In fact, the Governor's Regulation is an implementing regulation. When viewed

from Law Number 12 of 2011 concerning the Establishment of Legislation, it is

contained in Article 8 paragraphs (1) and (2) which confirms that regulations that are not

included in the hierarchy of laws and regulations Article 7 are still recognized for their

existence and have legal force. binding if it is based on the delegation of the regulations

above or formed under its authority. Thus, with this new Governor's Regulation can be

issued if it gets provisions from the regulations above.

The purpose of the issuance of this Government Regulation concerning Large-

Scale Social Restrictions is to ensure that the Regional Government does not take

individual steps, so that with the existence of this Government Regulation, steps handling

of Covid 19 can be in line with the Central Government.

Basically, the Government Regulation on Large-Scale Social Restrictions aims to

regulate school and work holidays, restrictions on religious activities, and restrictions on

activities in public places. However, several local governments have done this. One of

them is carried out by the regional governments of Papua, Bali, and Tegal which closed

access to and from those areas.

The application of Governor Regulation Number 88 of 2020 concerning the

Implementation of Large-Scale Social Restrictions (PSBB) in Handling Corona Virus

Disease 2019 (Covid-19) in DKI Jakarta Province has taken effect and has become the

legal basis for its implementation. But in fact, the issuance of the provisions of the

Governor's Regulation which is an implementing regulation has been issued before the

provisions of the regulations governing it, and in terms of authority, is this regulation a

delegation of authority given by the central government to the regions.

For this reason, the author is interested in conducting research with the aim of

finding out whether Pergub Number 88/2020 is the implementing regulation of the

legislation. In addition, is the Governor's Regulation Number 88 of 2020 a delegation of

authority from the central government to the regions.

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1111

RESEARCH METHOD

This study uses a normative juridical approach. In conducting the research, the

writer uses the library research method to review a statutory regulation, which can be

obtained from a literature research by using primary, secondary, and tersier legal

materials. Literature research is carried out by searching for and reviewing library

materials based on their binding strength consisting of: Primary legal materials, namely

all regulatory documents that are binding and determined by the competent authority,

namely in the form of statutory regulations. Secondary legal materials, namely all

documents that are information or the results of studies on the effectiveness of the

Governor's Regulation such as legal seminars, magazines, scientific papers related to the

effectiveness of the Governor's Regulation Number 32/2020 and several sources from

internet sites related to the above issues. Tertiary legal materials, namely all documents

that contain concepts that support primary and secondary legal materials, such as

dictionaries, encyclopedias, indexes, articles, or manuals, reference materials. In terms of

data processing, the results of the existing data are processed using a qualitative analysis

approach.

RESULT AND DISCUSSION

A. The substance of the Governor's Regulation Number 88 of 2020 in terms of the

technique for the formation of laws and regulations

1. The Position and Function of Governor Regulations in the Establishment

of Legislation in Indonesia

The source of delegation's authority in laws and regulations gives birth to

products of legislation which are often referred to as Implementing Regulations.

Implementing Regulations are regulations that function as implementing laws or what is

referred to as "delegated legislations" as "subordinate legislations". Referred to as

"delegated legislations" because the authority to determine it comes from the delegated

authority of the law by legislatures.

The principle of delegation of rule making power is basically subject to the widely

known doctrine or "legal maxim", namely "delegator non potest delegare", which means

"a delegate may not sub-delegate his or her power". This means that the official or

institution that is given the delegation of authority may no longer delegate the authority to

regulate it to another lower institution. However, in practice, sometimes, law-

implementing agencies are also authorized by law to delegate more powers to lower

institutions. This is referred to as “sub-delegation of legislative power” or “sub-delegation

of rule-making power”. Usually, to grant a sub-delegation of authority it is required that it

must have been determined explicitly or explicitly in the parent law (principle

legislation). Only then can a government regulation stipulate that for more technical

matters, it can be further regulated by the relevant minister in the form of a ministerial

regulation, and so on.

From the explanation above, it can be understood that implementing regulations are

regulations that are formed on the basis of delegation or orders from the laws and

regulations that are above it to regulate certain things that are expressly or not according

to the laws and regulations that delegate them.

Provisions related to the procedure for delegating authority from a higher statutory

regulation to a lower statutory regulation have been clearly regulated in Appendix II of

Law Number 12 of 2011 concerning the Establishment of Legislation in chapter II of

matters specifically letter A regarding the Delegation of Authority guidelines Number

198 to Guideline Number 216.

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The provisions in full stipulate the procedures for the delegation of authority,

including those relating to the scope of the regulated content and the type of statutory

regulations aimed at. In addition, the provision explains that it is not allowed to delegate

blanks or not fully explain a delegated regulation governing certain matters.

The provisions regarding the Governor's Regulation are contained in Law Number

32 of 2004 concerning Regional Government in Article 146 paragraphs (1) and (2),

respectively, which read:

(1) "In order to implement regional regulations and under the authority of laws and

regulations, regional heads shall stipulate regional head regulations and/or regional head

decisions".

(2) "Regulations of regional heads and/or regional head decisions as referred to in

paragraph (1) are prohibited from contradicting the public interest, regional regulations,

and higher statutory regulations".

It can be seen that the formation of a Regional Head Regulation, in this case a

Governor Regulation, has the following conditions: First, it is formed on the basis of an

order from a Regional Regulation. Second, it must not violate the public interest. Third, it

must not conflict with higher laws and regulations. This is the requirement for the

formation of a Governor Regulation according to Law Number 32 of 2004 concerning

Regional Government.

In fact, there is a Governor's Regulation that was made in the absence of a

previously regulated Regional Regulation. For example, Governor Regulation Number 88

of 2020 concerning the Implementation of Large-Scale Social Restrictions in Handling

Corona Virus Disease (Covid-19) in DKI Jakarta Province.

Therefore, it can be concluded that the Regulation of the Head of Region in

particular, namely the Governor's Regulation, is a type of regulation issued by the

Governor on the delegation of a statutory regulation above which regulates certain

matters. The position of the governor's regulation as an implementing regulation in terms

of the science of legislation, which refers to Article 8 paragraphs (1) and (2) further

confirms that regulations that are not included in the hierarchy of legislation in Article 7

are still recognized for their existence and have binding force. if it is based on the

delegation of the regulations above it or is formed on the basis of its authority. When the

formation of a governor's regulation is not stated in the provisions of the laws and

regulations that require that the governor's regulation must or can be formed, the

Governor's Regulation has no binding legal force in general. Indirectly, the legality or

legal basis for the governor's regulation contained in the provisions of Law Number 12 of

2011 concerning the Establishment of Legislation is also the position or position of the

governor's regulation even though its position is not listed in the hierarchy of laws and

regulations.

In simple terms, the position of the governor's regulation as an implementing

regulation in the formation of legislation is contained in Article 8 paragraphs (1) and (2),

which is not included in the hierarchy but its existence is still recognized and can be

binding as statutory regulations in general are listed in the hierarchy. as long as its

manufacture is based on an order from a higher statutory regulation or is formed on the

basis of a clear authority. The position of the Governor's Regulation itself is as a

Legislation which is confirmed in the provisions of Article 8 paragraphs (1) and (2) of

Law Number 12 of 2011 concerning the Establishment of Legislation.

While the function of the Governor's Regulation is as an implementing regulation

of the legislation above. Because basically implementing regulations function to regulate

provisions that cannot be regulated in higher laws and regulations (Asshiddiqie, 2005).

In line with this, as has been stated by Jimly Asshiddiqie, the delegation of rule-

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1113

making power to further regulate the law to ministers or ministerial-level officials is

limited only to the regulation of legal norms of a technical-administrative nature.

Meanwhile, legal norms containing further regulation regarding the substance of rights

and obligations are not delegated, let alone sub-delegated.

The material or substance of the Governor's Regulation which has now been

upgraded to Regional Regulation Number 2 of 2020 concerning the Handling of Corona

Virus Disease 2019, this has been changed for the following reasons and considerations:

a) Whereas the Corona Virus Disease 2019 pandemic which caused an emergency

condition had an impact on aspects of public health, socio-economics and public

services in the Special Capital Region of Jakarta;

b) that the Provincial Government of the Special Capital City Region of Jakarta has the

responsibility to provide health protection for the community from the spread of

Corona Virus Disease 2019, but on the other hand the administration of government

affairs must continue to run in order to immediately carry out social protection and

regional economic recovery as a result of the Corona Virus Disease pandemic. 2019

which has disrupted various aspects of the life of the people of Jakarta;

c) that the provisions of laws and regulations regarding the handling of Corona Virus

Disease 2019 in the Province of the Special Capital Region of Jakarta cannot yet be

used as a strong and comprehensive legal basis to strengthen efforts and increase the

effectiveness of public health protection, social protection, economic recovery and

law enforcement to overcome the Corona pandemic Virus Disease 2019.

B. Relationship between Central and Regional Government Authorities in the

Enforcement of Large-Scale Social Restrictions (PSBB) based on Legislation

1. Division of Central and Regional Government Affairs

Indonesia as a unitary state with a system of government consisting of central

government units and sub-national government units, namely provinces, districts and/or

cities. Sovereignty attached to the Indonesian nation and state is not divided among the

regional government units. Therefore, regional government units do not have the

authority to formulate constitutions and laws and develop their own government

organizations. The existence of regional government units is dependent on (dependent)

and under (sub-ordinate) the Central Government.

Delegation of government affairs in the context of a unitary state is basically in the

hands of the center, as explained by Mawhood that local government must be understood

as a semi-independent organization. Local governments have some freedom to act

without central approval, but their status is unable to establish relations with outside

countries. The power of local rulers and their existence is only to follow up on a central

national decision and can be canceled according to a central decision. That is why, in the

context of a unitary state, the regions have a close relationship with the center and always

carry out coordination.

Referring to the previous explanation, the basic principles of the division of

government affairs in a unitary state are as follows: First, government affairs basically

belong to the center. Regions are given the right and obligation to manage and administer

some of the government affairs delegated to them. In other words, there is a process of

handing over government affairs from the Center to the Regions. Second, between the

Center and the Regions there is still a line of command and a hierarchical relationship.

Regions are subordinate to the Center, but the Center does not intervene and dictate to the

Regions in various matters. Third, under certain conditions when the region is unable to

provide good services to the community to carry out the delegated government affairs, the

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government affairs transferred to the regions can be withdrawn by the center as the owner

of the government affairs.

The State of Indonesia adheres to the principle of decentralization in the

administration of local government. According to Maddick as quoted by Bhenyamin

Hossein, decentralization is a legal conferring of powers to discharge specified or residual

function upon formally constituted local authorities. However, the powers and functions

(government affairs) that are delegated are limited in the powers and functions of the

government.

Then by referring to Maddick's opinion, Bhenyamin Hossein emphasized that there

are two elements of the main understanding, namely the formation of autonomous regions

and the transfer of power legally to handle certain areas of government, both detailed and

formulated in general. Thus, decentralization includes elements of the formation of

autonomous regions as well as the transfer of authority or it can be said that the power of

autonomous regions is obtained through the formation of autonomous regions and the

transfer of authority (including the authority to set policies and the authority to implement

policies).

Juridically, the concept of regional autonomy and autonomous regions contains an

element of 'authority to regulate and manage'. This authority is the substance of regional

autonomy, so it needs to be clarified what is the subject matter of authority covered by

regional autonomy. The material in Article 18 of the Second Amendment of the 1945

Constitution and Law Number 32 of 2004 is referred to as Government Affairs. With the

implementation of decentralization, there has been a handover of government affairs from

the Government to the Autonomous Region, which means that there has been an implicit

distribution of authority between the Government and the Autonomous Region.

The term government affairs is used in Article 18 paragraphs (2) and (5) of the II

Amendment to the 1945 Constitution. The previous term used was authority which could

be interpreted as authority and close to "power" (match), while affairs were more

interpreted as functions. the functions of the Government and the Regions can be divided

into two categories, namely:

1) Government affairs that cannot be decentralized. This group of affairs is seen as

important for the integrity of the organization and the Indonesian nation. These

government affairs include foreign policy, defense and security, monetary, national

fiscal, judicial, and religious. The implementation of government affairs is based on

the principle of centralization, deconcentration to government representatives

(governors) and vertical agencies in the province as well as assistance tasks to

autonomous regions and villages.

2) Government affairs that can be decentralized are government affairs outside the

government affairs group that cannot be decentralized. These government affairs are

decentralized, decentralized, to the governor as a representative of the government,

assigned to autonomous regions and villages.

The division of government affairs between the Government, Provinces, and

Regencies/Cities is based on the idea that there are always various government affairs

which remain fully under the authority of the Government. Government affairs are

concerned with ensuring the survival of the nation and the state as a whole. The

government affairs in question include foreign policy, defense, security, justice, monetary

and national fiscal, and religion.

In Government Regulation No. 38 of 2007 which is a derivative of Law no. 32 of

2004 regulates the division of government affairs between the Government, Province, and

Regency/City. In Article 2 paragraph (4) Government Regulation no. 38 of 2007 stated

that 31 government affairs were decentralized to the provinces and districts/cities.

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1115

Government affairs that are handed over to the regions are accompanied by sources of

funding, transfer of facilities and infrastructure, and staffing. The government affairs

include:

1) Social

2) Environment

3) Trade

4) Marine and Fisheries

5) Forestry

6) Education

7) Health

8) Small and Medium Enterprises

9) Manpower and Transmigration

10) Agriculture and Plantation

11) Mining (Energy and Mineral Resources ESDM)

12) Communication

13) Investment

14) Culture and Tourism

15) Population

16) Women Empowerment

17) Family Planning and Prosperous Family

18) Industry

19) Public Works

20) Spatial Planning

21) Youth and Sports

22) Communication and Information/Kominfo

23) Housing

24) Archive

25) Land

26) National Unity and Politics/Head of Police

27) Statistics

28) General Administration

29) Village Community Empowerment (PMD)

30) Staffing

31) Library

One form of central government affairs that can be delegated to the regions is

health affairs. An example in this case is in matters concerning Large-Scale Social

Restrictions (PSBB) in handling Corona Virus Disease (Covid-19), which are delegated

authority from the center to the regions to handle health problems in the regions.

The distribution of government affairs to Autonomous Regions has changed,

namely from the previous general competence or open and arrangement which detailed

the functions of government administration, to the ultra vires doctrine which details

government affairs for the government, provinces, districts/cities which will be mapped in

detail.

These details can also be called concurrent affairs, which means that there are

government affairs whose handling in certain sections or fields can be carried out jointly

between the Government and Regional Governments. Thus, for every concurrent affair,

there is always a part of the affairs that is under the authority of the Government, there is

a part of the affairs that is handed over to the Regency/City. In order to realize a

proportional concurrent distribution of authority between the Government, Province,

Regency and City, the following criteria are drawn up which include:

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1) Externality criteria, which are based on the approach in the distribution of

government affairs by considering the impacts/consequences caused in the

administration of the government affairs. If the impact is local, then the government

affairs become the authority of the district/city, if it is regional then it becomes the

authority of the province, and if it has a national impact it will be the authority of the

Government. The criteria for this approach are based on the extent, magnitude, and

range of impacts arising from the implementation of a government affair.

2) Accountability criteria, namely an approach in the distribution of government affairs

by considering that the level of government that handles a certain part of the affairs is

the level of government that is more direct/close to the impact/effect of the affairs

being handled so that the accountability of governance to the community is

guaranteed. The criteria are based on the extent, magnitude, and range of impacts

arising from the implementation of a government affair.

3) Efficiency criteria, namely the approach in the distribution of government affairs by

considering the availability of resources (personnel, power and equipment) to obtain

accuracy, certainty, and speed of results that must be achieved in the administration

of the affairs section. If the affairs are more efficient and effective when carried out

by the Regency/City than if they are carried out by the Province or the Government,

then the matter becomes the affairs of the Regency/City, and so on. The measure of

power and effectiveness is seen from the magnitude of the benefits felt by the

community and the size of the risks that must be faced. The criteria are based on the

comparison of the level of usability and the highest usability that can be obtained.

The three criteria are applied cumulatively as a single unit by considering the

compatibility and fairness of the relationship between levels and structures of

government. What is meant by harmonious relations is that the management of parts of

government affairs carried out by different levels of government, is interconnected

(interconnected), interdependent (interdependence), and mutually supportive as a unified

system by taking into account the scope of benefits.

The division of government affairs is carried out through the mechanism of

submission and or acknowledgment of regional proposals for the part of government

affairs that will be regulated and managed. Based on the proposal, the government will

first verify before giving recognition to the part of the affairs to be carried out by the

Region. Therefore, the parts of affairs that are currently still under the authority of the

central government, using the criteria previously mentioned, can be submitted to the

regions.

Government affairs under the authority of the Regional Government are classified

into two categories, namely “mandatory affairs” and “optional matters”. Mandatory

government affairs are government affairs that must be carried out by regional

governments related to basic services for the community, such as basic education, health,

environment, transportation, population, and so on. Government affairs that are optional

are government affairs that are prioritized by local governments to be carried out related

to efforts to develop core competencies which are regional characteristics. Government

affairs are outside the mandatory and optional affairs which are carried out by the

regional government, as long as they become the authority the area concerned must still

be managed by the local government concerned. However, given the limited resources

and sources of funds owned by the regions, the priority of administering government

affairs is focused on obligatory and optional affairs that actually lead to the creation of

community welfare that is adapted to the conditions, potentials, and peculiarities of the

region concerned.

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1117

Mandatory affairs organized by the provincial government and regency/municipal

government are matters related to basic services, which include:

1) Education

2) Health

3) Environment

4) Public works

5) Spatial planning

6) Development planning

7) Housing

8) Youth and sports

9) Investment

10) Cooperatives and small and medium enterprises

11) Population and civil registration

12) Employment

13) Food security

14) Women's empowerment and child protection

15) Family planning and prosperous family

16) Communication

17) Communication and Informatics

18) Land

19) National unity and domestic politics

20) Regional autonomy, general government, regional financial administration,

regional apparatus, staffing, and coding

21) Community and village empowerment

22) Social

23) Culture

24) Statistics

25) Archives, and

26) Library

Choice matters are matters related to the development of leading sectors that have

the potential to grow and develop in the area. This choice of affairs actually exists and has

the potential to improve the welfare of the community in accordance with the conditions,

characteristics, and superior potential of the area concerned. These elective matters

include:

1) Marine and fisheries

2) Agriculture

3) Forestry

4) Energy and mineral resources

5) Tourism

6) Industry

7) Trade, and

8) Transmigration

In carrying out mandatory affairs, local governments must be guided by the

minimum service standards set by the Government and implemented in stages. Given the

limited capacity of the budget, the determination and implementation of minimum service

standards in areas that are mandatory affairs of regional government is carried out in

stages by prioritizing priority sub-sectors of mandatory affairs.

In carrying out government affairs which are under the authority of the

Government, the Government may:

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a) Organize yourself;

b) Delegating part of government affairs to the Head of the Vertical Agency or

to the Governor as the representative of the central government in the regions

in the context of deconcentration; or

c) Assign some village government affairs based on the principle of co-

administration.

Meanwhile, in carrying out regional government affairs based on the criteria for the

division of affairs under their authority, the Provincial Government and Regency/City

Government may:

a) Organize yourself; or

b) Assign some of the government affairs to the Regency/City government and/or

Village Government based on the principle of co-administration; or

c) Assign and/or hand over some of these government affairs to the village

government based on the principle of co-administration.

C. Implications of Governor's Regulation Number 88 of 2020 concerning the

Implementation of Large-Scale Social Restrictions (PSBB) in Handling Corona

Virus Disease 2019 (Covid-19) in DKI Jakarta Province

Presidential Decree No. 11 of 2020 concerning the Determination of Health

Emergency basically stipulates two things, namely: First, that Covid-19 is recognized as a

type of disease that causes a Public Health Emergency. And secondly, that this condition

creates an obligation to carry out countermeasures in accordance with the provisions of

the legislation.

With the stipulation of Community Emergency Conditions, then through the PP,

the government then establishes the PSBB policy. In the hierarchy of laws and

regulations, PP no. 21 of 2020 was formed based on the norms regulated in Article 60 of

Law Number 6 of 2018 concerning Health Quarantine (Health Quarantine Law).

Regarding the purpose of PSBB, the General Provisions of the law explain: "Large-Scale

Social Restrictions (PSBB) are restrictions on certain activities of residents in an area

suspected of being infected with disease and/or contaminated in such a way as to prevent

the possibility of spreading disease or contamination".

The PSBB policy is only one option in the context of taking action to mitigate risk

factors in the region in a Public Health Emergency situation. Other options are home

quarantine, regional quarantine, or hospital quarantine. Which steps are taken by the

government must be based on epidemiological considerations, the magnitude of the

threat, effectiveness, resource support, operational technical, economic, social, cultural,

and security considerations. The official authorized to determine this is the minister who

carries out government affairs in the health sector (Minister).

PSBB is part of the Public Health Emergency response which aims to prevent the

spread of the disease that is happening between people in a certain area. The

implementation of the PSBB coordinates and cooperates with various related parties in

accordance with the provisions of the legislation.

Article 59 of the Health Quarantine Law stipulates that PSBB measures at least

include: a) Holidays from schools and workplaces; b) Restrictions on religious activities;

and/or c) Restrictions on activities in public places or facilities. In addition to the actions

regulated in the Law, the PP related to PSBB further stipulates that "with the approval of

the Minister who administers affairs in the health sector, the Regional Government may

carry out PSBB or impose restrictions on the movement of people and goods for a

particular province or district/city. " This arrangement has implications for the

centralization of authority in policy making related to PSBB actions. The regional

Abdul Kahar Maranjaya, Rifani Firyal Faruqi

Analysis of Governor's Regulation Concerning the Implementation of Large-Scale

Social Restrictions in Handling Covid-19 1119

government therefore needs the minister's approval in advance to take PSBB steps in the

context of preventing Covid-19.

The government in setting PSBB in the form of “holidays from schools and

workplaces as well as restrictions on religious activities” must continue to take into

account the educational needs, work productivity, and worship of the population.

Meanwhile, PSBB in the form of "restriction of activities in public places or facilities"

must pay attention to the fulfillment of the basic needs of the population". The

implication of this arrangement is that the government will of course be very selective in

setting PSBB in certain areas, especially for PSBB in the form of activities in public

places or facilities.

In addition, local governments and the private sector must also comply with the

PSBB set by the minister. It is even possible for company employees in a certain area to

be dismissed if it is stipulated, and it must be obeyed by the company where they work.

Technically, the implementation of PSBB is proposed by the regional head to the

minister. The Minister then set the PSBB after taking into account the considerations of

the Chief Executive of the Task Force for the Acceleration of Handling Covid-19. In this

case, the Chief Executive of the Task Force can also propose to the minister to carry out

PSBB in certain areas. If the proposal is accepted, then the regional head in the region is

obliged to implement the PSBB.

In addition, with the stipulation of Covid-19 as a type of disease that causes a

Public Health Emergency, it also has implications for criminal law enforcement. Anyone

who does not comply with or hinders the implementation of the PSBB can be charged

with criminal sanctions. This is certainly different from the previous condition, when

social distancing was only an order from the authorities that was an appeal.

Article 93 of the Health Quarantine Law states that "Everyone who does not

comply with the implementation of the Health Quarantine (including in this case the

PSBB) and/or obstructs the implementation of the Health Quarantine causing a Public

Health Emergency shall be punished with imprisonment for a maximum of 1 (one) year

and/or or a maximum fine of Rp. 100,000,000.00 (one hundred million rupiah)". This also

means that the Indonesian National Police (POLRI) institution is obliged to make efforts

to prevent criminal acts against such acts.

However, in implementation in the field, POLRI is certainly expected to continue

to prioritize steps that are preventive in nature and uphold the values of Human Rights

(HAM) in taking action. Incidents in other countries that display violence by law

enforcement officers against the community in carrying out control related to the spread

of Covid-19 are very concerning and need to be anticipated early on. The National Police

Chief is expected to be able to specifically provide direction to his staff regarding

procedures for prosecution, investigation, and investigation of criminal cases related to

the implementation of Health Quarantine.

The House of Representatives (DPR) can also play a role in providing guarantees

for the fulfillment of community rights related to the PSBB policy. As an institution that

has a supervisory function, the DPR needs to coordinate with the government so that the

rights of the community regarding the fulfillment of basic needs can be guaranteed during

the implementation of the PSBB. Likewise, the supervision of the performance of the

Indonesian National Police in carrying out action and control of the community in the

field in the context of implementing law enforcement against violations of the

implementation of health quarantine.

In the latest developments after the issuance of Minister of Health Regulation

Number 9 of 2020 concerning Guidelines for Large-Scale Social Restrictions (PSBB),

Eduvest – Journal of Universal Studies 
Volume 1 Number 10, October 2021 
1120  http://eduvest.greenvest.co.id 
DKI  Jakarta  became  the  first  area  to  submit  a  proposal  and  it  was  approved  by  the 
Minister  of  Health  for  the  implementation  of  PSBB.  Banten  Province  has  also  been 
designated as a PSBB area. Minister of Health Regulation Number 9 of 2020 concerning 
Guidelines for Large-Scale Social Restrictions (PSBB) provides a slight addition to the 
scope  of  PSBB  implementation.  Article  13  paragraph  (1)  stipulates  that  the 
implementation of PSBB in addition to covering school and work holidays, restrictions on 
religious activities and restrictions on activities in public places or facilities, PSBB can 
also  include  restrictions  on  social  and  cultural  activities,  restrictions  on  transportation 
modes;  and  restrictions  on  other  activities  specifically  related  to  defense  and  security 
aspects. 
CONCLUSION 
 
Based  on  the  discussion  of  this  research,  it  is  concluded  that  the  Governor's 
Regulation  Number  88  of  2020  concerning  the  Implementation  of  Large-Scale  Social 
Restrictions  (PSBB)  in  Handling  Corona  Virus  Disease  2019  (Covid-19)  which  was 
issued first before the regional regulations that were formed later needed to be updated in 
substance into a Regional Regulation and issued back to the new Governor Regulation. 
This step is taken to ensure the synchronization of the national legal system by means of 
vertical synchronization and horizontal synchronization. In Government Regulation No. 
38  of  2007  which  is  a  derivative  of  Law  no.  32  of  2004  regulates  the  division  of 
government affairs between the Government, Province, and  Regency/City. In Article 2 
paragraph (4) Government Regulation no. 38 of 2007 stated that 31 government affairs 
were decentralized to the provinces and districts/cities, one of which was health affairs 
whose authority could be delegated from the center to the regions. So, it is from this that 
Governor Regulation Number 88 of 2020 concerning the Implementation of Large-Scale 
Social Restrictions (PSBB) in Handling Corona Virus Disease 2019 (Covid-19) in DKI 
Jakarta  Province  is  a  delegation  of  authority  given  by  the  Central  Government  to 
Regional Governments. 
 
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