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Legal Implications of Using Ministerial Instructions as a Legal Basis for the Implementation of Restriction on Community Activities During the Covid-19 Pandemic

. This study examines the Legal Implications of using Ministerial Instruction Instruments as the Legal Basis for the Implementation of Restrictions on Community Activities During the Covid-19 Pandemic. As is known that during this pandemic, the Government made many instruments in the form of Ministerial Instructions to respond to the transmission of Covid-19 in the form of the Implementation of Restrictions on Community Activities. In fact, these instruments are not laws and regulations so they are not binding in general, let alone limit human rights through restrictions on the right to activity and threaten criminal sanctions. The Covid-19 Pandemic Emergency was also responded to excessively by several Ministries by issuing rules at the respective Ministry level, both in the form of a Joint Decree (SKB) and a Decree. In fact, among these instruments overlapping authorities, for example, related to the distribution of social assistance (bansos). In this case, there are legal problems related to the implications of the use of the Ministerial Instruction Instrument as the legal basis for the Implementation of Restrictions on Community Activities During the Covid-19 Pandemic. The problem arises due to the legality and binding force of the Ministerial Instruction and the impact of the implementation of the Ministerial Instruction on the protection of Human Rights. Through the normative juridical analysis research method, this research will reconstruct the legal basis in accordance with the principles of the state of the law in the event of a pandemic emergency so as not to reduce human rights. The results of this study indicate that the Instruction of the Minister of Home Affairs Number 6 of 2019 during the Covid-19 period in Indonesia has validity , binding power ( bonding ), and efficacy . On this basis, the implementation of the Minister of Home Affairs during the Covid-19 pandemic has binding legal implications and legal force.


INTRODUCTION
Countries in the world at the end of 2019 were shocked by the news of the discovery of Corona Virus Disease or Covid-19 in Wuhan, China. [1] Several countries are preparing strategic steps, ranging from closing borders between countries, carrying out quarantines to a popular policy called lockdown. [2] However, the opposite step was taken by INCLAR Indonesia. Covid-19 was initially responded by the Indonesian government by increasing visits to traveler. The government is willing to hire the services of influencers to promote tourist visits amid many countries that have begun to tighten border access to get in and out of Foreign Nationals (WNA). However, the Government took several strategic steps when positive Covid-19 was found in Indonesia. As the press conference held by President Jokowi on March 31, 2020. The press conference provided information to the public regarding policies chosen to address Covid-19 as a global pandemic. President Jokowi's policy in this condition is Large-Scale Social Restrictions (PSBB). PSBB is the policy chosen in dealing with health emergencies. Law Number 6 of 2018 concerning Health Quarantine (Health Quarantine Law) becomes the legal force for this anticipatory policy. [3] PSBB is a restriction policy applied to an area of society affected or contaminated with disease. [4] The purpose of the PSBB is to prevent the spread of the virus to other people in an area. The implementation carried out by him reduces all activities outside the home, These activities are expected to break the chain of the spread of Covid-19, so the Government has taken a policy of closing schools, campuses implementing online working, and staying at home, restrictions on activities in public places to the point of limiting religious activities. [5] The implementation of the PSBB in Indonesia began on April 10, 2020 in Jakarta, which was then followed by several other regions in Indonesia. There are several regulations made for the implementation of the PSBB. These regulations include: Government In addition to being stated in some of the regulations mentioned above, regulation related to PSBB is also widely stated in the form of instruments that are not laws and regulations, namely instructions and circulars. [

Types of Research
This research is a type of legal research, which is research carried out to produce new arguments, theories or concepts as a prescriptive in solving the problems faced [11] .
The author conducts legal research to systematically review and provide explanations of the legal implications of using the Instrument of Ministerial Instruction and Circular Letter as the legal basis for the implementation of restrictions on community activities during the Covid-19 pandemic in the perspective of the legal state.

Conceptual approach
According to Peter Mahmud Marzuki [13], the conceptual approach is a method of approach that is carried out by studying the views and doctrines in the legal science. By studying these views and doctrines, researchers will find ideas that give birth to legal notions, legal concepts, and legal principles that are relevant to the issue at hand

Case approach
The case approach is a type of approach that refers to the ratio decidendi, that is, the legal reasons used by the judge to arrive at his verdict. [14]

The statutory approach (statue approach)
The statutory approach is a method of approach that is carried out by analyzing and reviewing all laws and regulations related to and related to the legal themes or issues discussed. [11]

Sources of Legal Materials
This research is sourced from primary legal materials and secondary legal materials.
Primary legal material consists of legislation and judges' rulings. While secondary legal materials consist of textbooks, legal dictionaries and law journals (Marzuki, 2014). INCLAR

Legal Materials Search
The technique of tracing legal materials in this study was carried out through a library study (library research). This method is carried out by collecting, studying and reviewing legal materials that have relevance to the theme discussed.

Legal Material Analysis.
Legal

RESULTS AND DISCUSSIONS
The historical perspective explains that the ancient Greek era became a mass of development of the study of the legal state by philosophers, including Plato (Asshiddiqie, 2012) and Ariestoteles [16]. Furthermore, in the 17th century, Paul Scholten explained that the Glorius Revolution of 1688 AD in England was behind the idea of a legal state.
The idea of a legal state further appeared on the concept of rechtsstaat The principle of the state of law is closely related to the principle of democracy because the two principles are like two sides of one currency that go hand in hand, and are hereinafter referred to as the democratic legal state [15]. Laws are built and enforced on democratic principles. Laws are prohibited from being made, enacted, interpreted, and enforced by mere power (machsstaat), as well as democracies that require legal instruments to prevent the emergence of mobocracy (Sabine, n.d.) .
The logical consequences of the state of law, making the life of the nation and state must be based on the law, including in carrying out the wheels of government.
The wheels of government require a strong legal foundation, which in the context of Montesque teachings is known as the triassic politics [18]in which each element of the administration plays a role their respective roles. The executive runs the government, the legislature makes the basis or regulation of the running of the government and the judiciary enforces the rules that have been made by the legislature. In that perspective, the legislature certainly gets a larger portion to make legal products (Putuhena, 2013    is interpreted as the binding force of a legal norm. Meanwhile, efficacy is defined as the usefulness or benefit produced by a legal norm.

INCLAR
If examined practically and theoretically, the validity of the Minister of Home Affairs enters into the once-completed practice power (einmahlig), and does not apply continuously (dauerhaftig) [25]. This is understandable because looking at the nature of the pandemic which will be very likely to change its status to endemic or ordinary diseases. Thus, the regulation in the form of the the Minister of Home Affairs, although not listed textually in the hierarchy of laws and regulations, has a validity. Furthermore, the Minister of Home Affairs can also bind the affected communities and normatively mentioned in the Minister of Home Affairs content material, for example related to PPKM in Java and Bali. This means that people in the Java and Bali regions must submit and be bound to the Minister of Home Affairs, so that it can be called the Minister of Home Affairs in responding to Covid-19 has bonding.
In relation to efficacy, we can see from the data and research that mentions the success of PSBB and PPKM during the Covid-19 pandemic (Ristyawati, 2020). DKI Jakarta is said to be the most effective area to reduce daily cases of Covid-19 per 100,000 population during the PSBB and PPKM period (with various names and types) [26]. This proves that the implementation of the Inmendagri during the Covid-19 pandemic has binding legal implications, legal strength and brings benefits.

CONCLUSION AND RECOMMENDATION
Based on the discussion mentioned above, it can be concluded that the Instruction of the Minister of Home Affairs issued by the Minister of Home Affairs during the Covid-19 period in Indonesia has the power to sell (validity, bonding, and efficacy. On this basis, the implementation of the Minister of Home Affairs during the Covid-19 pandemic has binding legal implications and legal force.