Regards.
I work as a seller of mixed ingredients in the market. As a result of the Corona virus pandemic, and the government's rules to work from home, I am not free to go trading anymore. Even though it was my only source of livelihood to provide for my family. My question is, from the legal side, does the government have the responsibility to be able to meet the daily needs of workers like me?
thank you
Supirman (Majene)
Answer:
Answering your question, there are two main points we can conclude. The first is related to quarantine, and the second is about access to fulfill economic needs for you as an informal worker. Regarding quarantine, the government is indeed responding to the Covid-19 global pandemic with physical and social distancing. One application is to carry out all activities from home to minimize the spread of Covid-19. The government's move was based on a legal umbrella, namely Law No. 6 of 2018 concerning Health Quarantine.
The law explains that there are three quarantines, namely houses, hospitals and regions. Article 49 explains that quarantine is carried out as a form of mitigation action in emergency research, taking into account aspects of epidemiology, effectiveness, resource support, technical operations, economic, social, cultural, and security. Government steps / actions in the form of a quarantine policy are also carried out by considering certain conditions and / or conditions. As referred to in Article 1 paragraph 2 of the Law on Health Qulity which reads: "Public health emergencies are extraordinary public health events marked by the spread of infectious diseases and / or events caused by nuclear radiation, biological pollution, chemical contamination, bioterrorism, and food that poses health hazards and has the potential to spread across regions or countries. "
The government itself decided to conduct Large-Scale Social Restrictions (PSBB), as referred to in Article 1 paragraph 11 of the Health Quarantine Law. It reads,
Large-scale social restrictions are restrictions on certain activities of the population in an area suspected of being infected with a disease and / or contaminated in such a way as to prevent the possibility of spreading the disease or contamination.
The policy does indeed have an impact on the economy of citizens. Especially among the people who work in the informal sector. So the government needs to establish policies that benefit workers, by ensuring there is no Termination of Employment (PHK), and ensuring easy access and distribution of basic foodstuffs for the community.
The government must guarantee the rights for the elderly, pregnant women, children, and disabilities are met, as well as the basic needs of residents and fodder. The guarantee is regulated in Article 52 paragraphs 1 and 2 of the Health Quarantine Law. Paragraph 1 of the article reads, "During the operation of the Quarantine House, the basic living needs for people and animal food in accordance with the Home Quarantine are the responsibility of the Central Government. Whereas paragraph 2, "The responsibility of the Central Government in implementing House Quarantine is permitted to approve paragraph (1) carried out by involving the Regional Government and related parties."
Thus the answer from us, may be useful.
Moh. Maulana, SH., MH

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