GELORA.CO – The implementation of the Emergency Community Activity Restrictions (PPKM), Level 4 PPKM, and the appointment of the Coordinating Minister for Maritime Affairs and Investment to become the Java and Bali PPKM Coordinator is considered a violation of the law by President Joko Widodo.
For this reason, an angkringan trader named Muhammad Aslam filed a lawsuit regarding alleged violations of the law by the President to the State Administrative Court (PTUN).
“Today, Friday, August 6, 2021, I am Managing Partners of Law Firm VST and Partners as the Legal Counsel of Muhammad Aslam who works as an Angkringan Trader has officially registered the Lawsuit for Unlawful Acts committed by the President to the Jakarta State Administrative Court via E-mail. -Court,” said
The Plaintiff’s Attorney, Viktor Santoso Tandiasa, through his statement (6/8)
This lawsuit is aimed at 2 actions of the President which are considered to be unlawful acts (Onrechtmatige Overheidsdaad). That is the action of the President to decide on the implementation of the Emergency Community Activity Restrictions (PPKM), Level 4 PPKM in the Java and Bali regions from July 3 to August 9, 2021.
Second, regarding the President’s decision to appoint the Coordinating Minister for Maritime Affairs and Investment as the Coordinator for the Implementation of Restrictions on Community Activities in Combating the COVID-19 Pandemic (hereinafter referred to as Object of Lawsuit II).
According to Viktor, the two government actions taken by the President are forms of unlawful acts (Onrechtmatige Overheidsdaad). Because it is contrary to Law no. 6 of 2018 concerning Health Quarantine and contrary to the General Principles of Good Governance.
“The unlawful acts carried out by the President in implementing Emergency PPKM, Level 4, Level 3, Level 2, Level 1, or in any terms that are not in accordance with the Health Quarantine Law are based on the reason that if we look at the case of the Covid-19 Pandemic, it is a conditions that elementally have fulfilled all that is regulated in the Health Quarantine Act,” he explained.
Viktor added, the spread of the Covid-19 pandemic has become an extraordinary public health event marked by the spread of infectious diseases, which have spread across regions and even across countries. This is in accordance with the definition of a Community Health Emergency as regulated in Article 1 number 1 of the Health Quarantine Law.
Efforts to overcome Covid-19 by limiting activities and/or separating someone who is exposed to an infectious disease, even though they have not shown any symptoms (Asymptomatic Persons) or are in accordance with the definition of “Quarantine” as regulated in Article 1 number 6 of the Health Quarantine Law.
The existence of an effort to separate sick people from healthy people carried out in health service facilities to get treatment and care, is also in accordance with the definition of “Isolation” as regulated in Article 1 point 7 of Law 6/2018.
Likewise, the limitation of occupants in a house and its contents who are suspected of being infected with disease and/or contaminated in such a way as to prevent the possibility of spreading disease or contamination, known as “Independent Isolation” at home, is also in accordance with the definition of Home Quarantine, as regulated in Article 1 number 8 of the Health Quarantine Act.
This means, said Viktor, that the Government should comply with the Health Quarantine Law in dealing with the Covid-19 Pandemic that has hit Indonesia so far.
However, in reality, the efforts to overcome the Covid 19 Pandemic carried out by the Central Government, which were then followed up by the Regional Government, were countermeasures outside of what had been regulated and determined by the Health Quarantine Law.
Including the implementation of restrictions on community activities in earning a living to meet their living needs, which has been carried out from July 3, 2021 to August 9, 2021 with the term Emergency PPKM and PPKM Level 4, Level 3, and Level 2.
With the implementation of PPKM with various statuses and levels, the Government does not carry out its obligations in carrying out restrictions on rights guaranteed in the Health Quarantine Law.
“This means that during the implementation of PPKM, the Government is ignorant of the right of everyone to obtain basic health services according to medical needs, food needs, and other daily needs during Quarantine or in other terms, Activity Restrictions as regulated in Article 8 of the Health Quarantine Law.
The guarantee of the right to obtain basic health according to medical needs, food needs, and other daily needs during the Quarantine is aimed at guaranteeing the constitutional rights of every citizen which are limited by the State cq the Government,” he explained.
In other words, the government may limit the human rights of every citizen without neglecting their responsibilities to citizens. This is where the protection of human rights is guaranteed in the 1945 Constitution and the Health Quarantine Law.
“So the implementation of Emergency PPKM, Level 4 and Level 3 PPKM, which does not provide guarantees for everyone to get basic health services according to medical needs, food needs, and other daily needs during Quarantine is contrary to the Health Quarantine Act,” said Viktor again.
Furthermore, the President’s decision to appoint the Coordinating Minister for Maritime Affairs as Coordinator of PPKM which is part of the Covid-19 Pandemic Health Emergency Management is considered to be contrary to Article 1 number 29 of Law 6/2018 which states: “Health Quarantine Officials are Civil Servants who work in the Health sector. authorized by the Minister who carries out government affairs in the field of Health to carry out Health Quarantine”.
When viewed from the provisions of Article 1 number 29 of the Health Quarantine Law, said Viktor, who is authorized to appoint officials to carry out health quarantine Health Quarantine officials who come from civil servants working in the health sector, who are appointed by the Minister for the Implementation of Emergency PPKM, PPKM Level 4 and Level 4 3 is the same as Health quarantine measures as regulated in Article 1 number 1 of the Health Quarantine Law which states that “Health Quarantine is an effort to prevent and prevent the entry or exit of disease and/or public health risk factors that have the potential to cause a public health emergency.”
Meanwhile, Article 16 of the Health Quarantine Law states, Health Quarantine Actions against transportation means, people, goods, and/or the environment in a Public Health Emergency situation, are carried out by Health Quarantine officials.
Therefore, the President’s act of appointing the Coordinating Minister for Maritime Affairs as Coordinator of Emergency PPKM and Level 4 and Level 3 PPKM is contrary to the Health Quarantine Law.
“We also ask for compensation for the losses suffered by our clients during the implementation of the PPKM from July 3 to August 9, 2021 because it resulted in losses suffered by our clients,” he said.
Regarding our client’s right to receive compensation, it is regulated in Article 8 of Law No. 4 of 1984 concerning Epidemic and Infectious Diseases (hereinafter referred to as Law 4/1984), stating, “To those who have suffered property losses caused by efforts to control the epidemic as referred to in Article 5 paragraph (1), compensation can be given,” he explained.
Viktor continued, while what is meant by property in this Article is explained in the explanation of Article 8 paragraph (1), namely: houses, ternah, farms, crops, fields, and others. Compensation is provided by the Government in an adequate manner, giving priority to the less fortunate “.
Therefore, the President incasu of the Central Government must compensate, during the Covid 19 Pandemic mitigation period suffered by our client, due to the loss of income from net profits from the sale of angkringan during the 38-day PPKM period.
The Petitum submitted by Viktor as Muhammad Aslam’s attorney is to grant the Plaintiff’s claim in its entirety.
Then Declares the nullity or invalidity of the Defendant’s action on:
First, the Defendant’s actions decided the implementation of the Implementation of Community Activity Restrictions (PPKM) in dealing with the Corona Virus Disease 2019 pandemic or in any terms that were not in accordance with the Activity Restrictions specified in Law No. 6 of 2018 concerning Health Quarantine.
Second, the Defendant’s action regarding the appointment of the Coordinating Minister for Maritime Affairs and Investment as the Coordinator for the Implementation of the Implementation of Restrictions on Community Activities in Combating the Covid-19 Pandemic.
To then require the Defendant to stop the implementation of Community Activity Restrictions or in any terms that are not in accordance with the Activity Restrictions specified in Law no. 6 of 2018 concerning Health Quarantine.
Then remove the Coordinator for the Enforcement of Restrictions on Community Activities, namely the Coordinating Minister for Maritime Affairs and Investment.
Require the Government to compensate the Losses suffered by the Plaintiff with an income calculation of Rp. 300,000. (weekdays) and Rp. 1,000,000 (weekends) commencing from the Imposition of Emergency Community Activity Restrictions on July 3, 2021 until the termination of the Imposition of Community Activity Restrictions in any terms that are not in accordance with the Health Quarantine Act, through this Decision.