PSBB dan Darurat Sipil: Kuasa Pemerintah Meluas, Kewajiban ke Rakyat Berkurang

Sekitarjambi.com – Jakarta, Presiden Jokowi menggunakan upaya Pembatasan Sosial Berskala Besar dalam penanggulangan virus corona. Hal itu sedikit mengagetkan lantaran sebelumnya yang disinggung pemerintah ialah sedang disusunnya PP Karantina Wilayah.

Karantina Wilayah maupun Pembatasan Sosial Berskala Besar diatur dalam UU Nomor 6 Tahun 2018. Keduanya merupakan bentuk mitigasi risiko di wilayah pada situasi Kedaruratan Kesehatan Masyarakat. Langkah Jokowi memilih Pembatasan Sosial Berskala Besar itu mendapat sorotan. Sebab, ia juga mempertimbangkan kebijakan Darurat Sipil dalam penerapannya.

Salah satu hal yang menjadi kecurigaan publik ialah mengenai kewenangan serta tanggung jawab pemerintah.

Dalam hal Karantina Wilayah, pemerintah wajib memberi biaya hidup masyarakat yang dikarantina. Sementara dalam Pembatasan Sosial Berskala Besar, ketentuan itu tidak ada.

Direktur Pusat Studi Hukum dan Kebijakan (PSHK), Fajri Nursyamsi, mengatakan hal tersebut menimbulkan kecurigaan dari publik bahwa pemerintah ingin lepas dari tanggung jawab tersebut.

“Kecurigaan ini tidak bisa dihindari karena apabila dibandingkan antara PSBB dan karantina wilayah, sesuai dengan ketentuan dalam UU, perbedaannya adalah di karantina wilayah Pemerintah pusat harus menanggung kebutuhan hidup dasar penduduk yang ada di wilayah karantina, yang berarti di seluruh Indonesia,” kata Direktur Pusat Studi Hukum dan Kebijakan (PSHK), Fajri Nursyamsi, kepada wartawan, Selasa (31/3).

“Selain itu, apabila karantina wilayah diberlakukan, maka tidak ada mobilisasi keluar masuk suatu wilayah, yang berarti akan membatasi kegiatan ekonomi. Hal ini juga yang menjadi prioritas Pemerintah saat ini dibandingkan menangani COVID-19 itu sendiri,” sambungnya.

Di samping itu, pemerintah justru mempertimbangkan soal darurat sipil dalam menerapkan Pembatasan Sosial Berskala Besar. Fajri menilai bahwa hal tersebut justru menunjukkan bahwa pemerintah sebenarnya menilai yang paling tepat dilakukan untuk menanggulangi corona ialah Karantina Wilayah.

Salah satu Pasal terkait Darurat Sipil mengatur bahwa, ‘Penguasa Darurat Sipil berhak membatasi orang berada di luar rumah.’ Selain itu, beberapa pasal lain mengatur soal pembatasan-pembatasan aktivitas masyarakat oleh Penguasa Darurat Sipil.

Fajri menduga, pertimbangan Darurat Sipil dalam Pembatasan Sosial Berskala Besar ialah untuk tetap menjaga kewenangan pemerintah.

“Perpaduan antara kebijakan PSBB dan Darurat Sipil menguatkan dugaan kalau sebenarnya Pemerintah sudah merasa perlu memberlakukan karantina wilayah, tetapi daripada memperbesar kewajiban melalui kebijakan karantina wilayah, lebih baik kewajiban berkurang tetapi kekuasaan bertambah dengan menerapkan darurat sipil,” ungkap Fajri.

Pakar Hukum Tata Negara, Refly Harun, mengungkapkan pendapat yang serupa. Ia menilai Pembatasan Sosial Berskala Besar yang disinggung Jokowi bukan hal yang baru, meski baru sebatas imbauan.

Menurut dia, bila pemerintah memang ingin masyarakat tetap berada di rumah, seharusnya memakai protokol yang ada di UU Kekarantinaan Kesehatan.

“Kemarin itu, (Pembatasan Sosial Berskala Besar) memang tidak bisa dilaksanakan dengan efektif karena hanya berupa imbauan. Sekarang kalau pemerintah mau masyarakat di rumah saja, ya gunakan langkah-langkah sesuai UU kekarantinaan. Cuma di situ memberikan tanggung jawab kepada pemerintah,” kata dia.

Ia menduga, hal tersebut yang kemudian membuat pemerintah mempertimbangkan Darurat Sipil. Sebab, pemerintah akan jadi punya kewenangan.

“Jadi kalau Darurat Sipil hanya beri kewenangan, sementara darurat kesehatan dengan langkah karantina dan sebagainya itu memberikan tanggung jawab. Pemerintah cuma mau memiliki kewenangan tapi tanggung jawab enggak,” tegas Refly.

Perihal Pembatasan Sosial Berskala Besar dan Darurat Sipil itu disinggung Jokowi saat membuka rapat terbatas (ratas) lewat telekonferensi video soal pengendalian corona di Istana, Senin (30/3).

“Kita terapkan Pembatasan Sosial Berskala Besar, physical distancing dilakukan lebih tegas, disiplin dan lebih efektif lagi. Sehingga juga saya sampaikan bahwa perlu didampingi adanya kebijakan darurat sipil,” kata Jokowi saat membuka rapat.

Namun, Jokowi belum merinci detail apa yang dimaksud dengan status PSBB ini dan apa bedanya dengan karantina wilayah alias lockdown. Jokowi juga tidak merinci yang dimaksud dengan darurat sipil. (kumparan.com)

Bagikan

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  • April 8, 2021 pada 8:29 am
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  • April 19, 2021 pada 11:44 pm
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