What is Civil Emergency? Here's an Explanation Along with its Risks in the Midst of the Corona Covid-19 Pandemic

Kapanlagi.com - Currently, the corona virus outbreak is becoming increasingly worrying in Indonesia, yet many people still continue their activities outside without paying attention to the danger warnings from the corona virus. In addition, President Joko Widodo still cannot issue an order to declare a civil emergency. What is a civil emergency?

A civil emergency is a level of danger that exists in Indonesia. Currently, Indonesia has 3 levels of emergency, according to the PERPU law on the state of danger, Indonesia has a state of emergency which includes civil emergency, military emergency, and also a state of war.

According to various sources, here is an explanation of civil emergency along with its risks.

1. Civil Emergency

Joko Widodo (credit: special)

The civil emergency order is included in the government regulation number 23 of 1959 article 1 paragraph 1 which states that:

The President/Commander-in-Chief of the Armed Forces declares that all or part of the territory of the Republic of Indonesia is in a state of danger with the level of civil emergency or military emergency or state of war, if:

The security or legal order in the entire territory or in part of the territory of the Republic of Indonesia is threatened by rebellion, riots or natural disasters, so that it is feared cannot be overcome by usual means.

This states that, if a civil emergency is implemented, the order to implement a regional lockdown is not carried out by the regional government but by the highest commander in Indonesia, namely the president. This will be done if the situation in Indonesia can no longer be controlled properly and threatens the safety of the country and its people.

2. Is it necessary to implement Civil Emergency

Joko Widodo (credit: special)

In a briefing held on (30/03/2020), President Joko Widodo stated that he requested a policy of large-scale social restrictions, stricter physical distancing, more effective discipline, and the need for civil emergency measures.

In this regard, President Joko Widodo requested local governments to monitor the social distancing activities carried out by the community, as there are still many people engaging in activities outside their homes despite the increasing number of positive cases of the coronavirus.

Jokowi also emphasized, "I also request and ensure that pharmacies and essential supply stores remain open to meet the needs of families while maintaining a strict distance."

As reported by Kompas TV, President Joko Widodo's spokesperson, Fadjroel Rachman, explained the purpose of the instructions given by President Joko Widodo in the briefing last night. Fadjroel Rachman stated that President Joko Widodo has principles in giving directions.

"The principle is that the safety of the people is the highest law, followed by the 1945 Constitution and then the Law No. 24 of 2007 concerning disaster management, and then the Law No. 6 of 2018 concerning quarantine. The implementation of civil emergency is only a last resort if large-scale social restrictions and law enforcement discipline do not proceed as intended," said Fadjroel Rachman.

This means that civil emergency measures need to be implemented if all instructions and law enforcement discipline do not proceed well and do not reduce the transmission rate of the coronavirus in Indonesia.

3. The Risks of Implementing Civil Emergency

Joko Widodo (credit: special)

As for the risks that will be experienced if a civil emergency is truly implemented, Article 8, paragraph 1 states that, during the civil emergency, the provisions in this Chapter apply to the territory or part of the territory of the Republic of Indonesia that is declared in a state of civil emergency.

Article 10, paragraphs 1 and 2 state that,

The regional civil emergency authority has the right to establish regulations deemed necessary for public order or for the security of its region, which according to central legislation may be regulated by regulations that are not central legislation.

The central civil emergency authority has the right to establish all regulations deemed necessary for public order and for security.

From the above article, it can be seen that if there is an order to implement a civil emergency, the regulations given by the central and regional governments are mandatory for us to implement.

Then in Article 12, paragraphs 1 and 2 state that,

In areas declared in a state of civil emergency, every civil servant is obliged to provide all necessary information requested by the civil emergency authority, unless there are valid reasons for not providing such information.

The obligation to provide information is waived if the person concerned, his/her spouse, or his/her direct or second-degree family can be prosecuted because of that information.

Then in Article 14 it states that,

The civil emergency authority has the right or may order police officers or other investigating officers to search any place, even against the will of the owner or occupant, by showing a general order or a special order.

The officer who enters, investigates, or conducts the search shall make an examination report and submit it to the civil emergency authority.

From Articles 12 and 14, it is stated that if there is a civil emergency, every movement of the community will be restricted and there needs to be a clear statement in carrying out activities outside. The civil emergency authority can also search places that are required by only showing an order or special letter.

Those are some explanations and risks that occur when Indonesia implements a civil emergency. Before the Indonesian government finally issues an order to implement a civil emergency, it is advisable for us to continue practicing social distancing, KLovers, to reduce the transmission of the coronavirus. And Indonesia can stabilize and improve as soon as possible.

(kpl/dhm/gen)