Legal Protection of Covid ̶ 19 Patient Identity in Indonesia
Journal: International Journal of Arts and Social Science (Vol.4, No. 3)Publication Date: 2021-06-30
Authors : Yannuar Rifani Mandani Titik Respati Dey Ravena Chepi Ali Firman;
Page : 08-125
Keywords : Identity of Covid-19 patients; legal protection; government responsibility;
Abstract
The Covid-19 pandemic creates legal problems between the private domain (patients) and the public domain (community). The case of uncovering the identity of Covid-19 patients and discrimination in Indonesia shows that the government's responsibility for protecting the personal data of Covid-19 patients is not yet comprehensive. This research uses a normative juridical approach and is descriptive and analytical. The results show that the identity of Covid-19 patients is a right of privacy that must be protected. Central Information Commission Circular Letter Number 2 of 2020, concerning Public Information Data Services during the pandemic, stated that the information release included the number of cases, the epicenter area, the spread of the Covid-19 disease without mentioning patients' identity. The patient's identity is disclosed only to follow up on the outbreak (tracing) by officers while adhering to ethics so that secrets are not leaked to unauthorized people. Repressive sanctions for violations of the identity of Covid-19 patients are already developed. The sanction is the form of administrative penalties stated in PP 10 of 1966, Article 1365 of the Civil Code, Article 310 and Article 322 of the Criminal Code, Article 54 of the KIP Law, Article 51 of the PK 45 of the ITE Law.
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