Normative and Islamic theology on the enforcement of COVID-19 health protocol in Indonesia

Farida, Anis and Handoko, Priyo (2021) Normative and Islamic theology on the enforcement of COVID-19 health protocol in Indonesia. HTS Teologiese Studies/Theological Studies, 77 (3). pp. 1-8. ISSN 2072-8050; 0259-9422

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Abstract

This study aims to analyse the pros and cons of imposing penalties or fines in law enforcement regulations for violating health protocols in Indonesia. Some people consider that the norm of the fine sanctions in statutory provisions regulating health protocol violators is unconstitutional, but others say it is constitutional. As a country with the largest Muslim population in the world, a study of the perspective of Islamic law is essential. This article uses a normative legal research methodology using two main approaches: the statutory and conceptual approaches. The results show that fines are found in the criminal law clusters and state administrative law. Penalties in state administrative law in their enforcement do not require intervention from other institutions. Still, they can be carried out directly by government officials whose authority has been determined in the laws and regulations. Meanwhile, from the Islamic perspective, the fine sanctions can be applied, in the context of hifz Al-Insan, in Maslahah Mursalah as part of the maqasid al-Syari'ah. The obligation to obey government regulations is part of a person's obedience to God's commands.

Item Type: Article
Creators:
Creators
Email
NIDN
Farida, Anis
anisfarida@uinsby.ac.id
197208062014112001
Handoko, Priyo
priyohandoko@uinsby.ac.id
196602122007011049
Uncontrolled Keywords: Fines; normative law; government’s health protocol; COVID-19; Islamic theology
Subjects: 22 PHILOSOPHY AND RELIGIOUS STUDIES > 2203 Philosophy > 220305 Ethical Theory
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220401 Christian Studies (incl. Biblical Studies and Church History)
Divisions: Fakultas Syariah dan Hukum > Ilmu Hukum
Depositing User: Samidah Nurmayuni
Date Deposited: 21 Mar 2022 08:12
Last Modified: 21 Mar 2022 08:12
URI: http://repository.uinsby.ac.id/id/eprint/2216

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