Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

Abstract

The Covid-19 pandemic has prompted the government to issue several legal products, including PP No. 21/2020 and Keppres No. 11/2020. However, this step raises legal problems, considering that the government actually issued PP. 21/2020 beforehand which does not place the Keppres No. 11/2020 in the preamble section. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The urgency of this legal research is to examine the legal certainty of the Presidential Decree that was made before the PP which regulates the technicalities regulated in the Presidential Decree; and examining the form of legal certainty in the regulations regarding the procedures for determining and lifting public health emergencies. The result of this legal research is the determination of the health emergency status based on the Keppres No. 11/2020 has created legal uncertainty, because the PP regarding the procedures for determining and revoking the status of determining health emergencies must be enacted before Keppres No. 11/2020. It takes an ideal form of legal certainty in the future by harmonizing the danger state law or the formation of a danger state law such as the omnibus bill.