Constitutional Law During the Covid-19 Pandemic in a Juridical Perspective: Challenges and Strategies

. The phenomenon of the significant development of Covid-19 is increasingly causing unrest in the community because of its impact on the community's economy. Seeing the circumstances and situations caused by the Covid-19 pandemic, in fact, the implementation of emergency law by issuing an emergency law is carried out by incorporating substances regarding the handling of the Covid-19 pandemic in a comprehensive manner. Various safeguards are carried out in each country with different policy implementations. Then addressing the problems caused, especially in the economic aspect and information related to the Covid-19 pandemic, is necessary to do this firmly. This research uses a normative juridical type of research. Normative juridical writing is library research through secondary materials. This study uses a statutory approach, a conceptual approach, and a comparative approach. Source of data as research reference using literature study. The results of the study conclude that it is necessary to adjust various regulations or laws that regulate emergencies with efficient constitutional law doctrine. In addition to the application of emergency constitutional law, legal aspects must be enforced. In this case, aspects of law formation, law application, and law enforcement in a pandemic situation can run optimally, and all elements, including the community, take part in helping to break the chain of the spread of the Covid-19 pandemic by looking at aspects health, economy, and social welfare.


Introduction
The reality of the spread of Covid-19 was increasingly widespread s throughout the world, and then Covid-19 was declared a global pandemic. The paradigm that the growth of Covid-19 had developed widely since transmission could occur through human contact with other humans, such as through droplets when coughing and sneezing or through objects contaminated with the virus. In the first quarter of 2020, the spread of Covid-19 had reached Indonesia and Iraq. 1 The significant development of Covid-19 was increasingly causing unrest in the community because of its impact on the community's economy and social instability. 2 Various safeguards are carried out in each country with different policy implementations. For example, Italy implements a policy blocking activities and public access, known as a lockdown. While the Iraqi government enacted a lockdown to limit social movement, 3 the Indonesian government did not implement or decide on the lockdown policy as a preventive and repressive effort against Covid-19. 4 Instead, it established social restrictions or what is known as social distancing. 5 In addition, the government also ordered all workers in Indonesia to carry out their work from home (WFH). It raised various speculations in the community. Pros and cons emerged against the policies set by the government because these policies affect the community's economic condition.
Seeing that the 2019 Corona Virus Disease pandemic had a huge impact on the economy and given the increasing number of infected people, financial sector support was highly needed since its first wave to restore economic stability. Technically, this policy was the government's effort to continue to implement a credible, sustainable, and disciplined fiscal policy amid the turbulent global economic conditions, especially during the Covid-19 pandemic. On the other hand, it is responsive and effective that this fiscal policy is profitable to support three priority and fundamental programs in handling Covid-19, in this case including handling health problems, support for the business world such as SMEs and providers of social safety nets. Indonesia is essentially a state of law. This announcement is expressly and straightforwardly contained in Article 1, paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the conception of a legal state, the law must place the law as a unified system which includes aspects of the behavior of legal subjects, rules of law, and institutional elements. Comprehensively these three aspects cover law making, law application and law enforcement processes. 6 In the context of the current pandemic, practically, the state has carried out its role as a state of the law by issuing several policies. However, the policy is considered to be causing conflict and not an emergency response, as is the case with the presence of a Government Regulation regarding the Covid-19 PSBB, which is too bureaucratic. Technically in an emergency, the state must be responsive to make emergency response laws in the current pandemic situation. 7 If studied from the perspective of emergency constitutional law or staatsnoodrecht, the Indonesian state in a state of coercion, urgency and in a state of urgency can take an emergency law position as an effective and efficient solution. As a rule, emergency constitutional law has an object of study: the state in a state of emergency. 8 In an emergency, which is defined as an extraordinary situation, it actually requires an extraordinary law. Likewise, in a state of danger that can threaten public order, the state can act in an unusual way, which is outside the normal legal situation. 9 In practice, when normal law cannot be a solution for handling abnormal circumstances, it is very necessary to have an unusual law. Jimly Asshidiqie also shares that if there is no possible way to solve emergency problems with existing legal instruments, by establishing an emergency in a country, martial law is applicable. 10 Based on the context of the discussion mentioned above related to the Covid-19 pandemic, which requires the government to issue policies in handling it but also must pay attention to the economic condition of the community, a comprehensive study of efforts to handle the pandemic is needed through optimizing the role of the state, especially in the study of emergency constitutional law.

Research Method
Seeing the circumstances and situations caused by the Covid-19 pandemic, in fact, the implementation of martial law by issuing an emergency law is carried out by incorporating substances regarding the handling of the Covid-19 pandemic in a comprehensive manner. Therefore, this research uses normative juridical research. Normative juridical writing is library research through secondary materials. This study uses a statutory approach, a conceptual approach, and a comparative approach. Source of data as research reference using literature study.

Result and Discussion
In terms of law, many countries choose legal instruments to determine policies for handling  The legal instruments they have are, in fact, less effective in overcoming the complexity of the crisis caused by the infectious virus. The imposition of a state of emergency is seen as a form that allows the state to overcome a crisis quickly. On the other hand, giving the government justification for power can lead to abuse of power. Concerns about the abuse of power by the state during the Covid-19 pandemic were conveyed by the United Nations, which urged each country to avoid and make efforts to prevent excessive security measures in response to the Covid-19 pandemic.
In terms of regulating regulation as a public policy, legally formally, a public policy can be manifested in the form of Laws, Government Regulations, Provincial Government Regulations, City/Regency Government Regulations, and Mayor/Regent Decrees. However, in an effort to optimize the implementation of a policy, it is necessary to have support from several aspects. Four aspects can fundamentally affect the existence of the policy. According to George Edward III, there are four aspects: communication, sources, attitudes, behavior, and bureaucratic structure. 12 These four aspects are a unit that supports the implementation of a policy, so these aspects must be carried out optimally and sustainably.
That it turns out that the Covid-19 pandemic does not only have an impact on health but also has an impact on the national economy, 13 So as an effort to maintain financial sector stability and save health and recovery for the affected community, the state finally made a policy, namely Government Regulation in Lieu of Law (Perppu) No. 1 of 2020 concerning State Financial Policy and Financial System Stability for handling the Covid-19 pandemic. In addition to issuing this policy, the Ministry of Finance issued a Government Securities policy which refers to Law No. 24 of 2002 concerning Government Securities. This policy is the government's effort to continue to carry out fiscal policy in a credible, sustainable and disciplined manner in the midst of turbulent global economic conditions, especially during the Covid-19 virus pandemic and fundamentals in handling Covid-19 in this case, include handling health problems, support for the business world such as MSMEs and providers of social safety nets. 14 In practice, when normal law cannot be a solution for handling abnormal circumstances, it is very necessary to have an unusual law. Jimly Asshidiqie also shares that if there is no possible way to solve emergency problems with existing legal instruments by establishing an emergency in a country, the applicable law is 12 George C Edward III. Implementing public policy. Congressional Quarterly Press, 1980. 13  emergency law or martial law 15 . Emergency law can be established and enforced in an emergency with the issuance of an emergency law. Technically there are five conditions in making an emergency law, which includes security that endangers and threatens the realization of the state, an urgent situation, to overcome the conditions and difficulties that arise from the dangerous situation, there is no opportunity to discuss with parliament, and the law only applies as long as there is danger 16 . Looking at the current situation and situation, in fact, the implementation of emergency law by issuing emergency laws is carried out by including substances regarding the comprehensive handling of the Covid-19 pandemic.
It has become necessary to implement emergency law by issuing emergency laws by including substances regarding the handling of the Covid-19 pandemic. In responding to problems related to the economy, the handling of the economy needs to be monitored, which in this case needs to be formed a substance tasked with handling the economic sector to oversee regional and central economic growth in synergy and optimally in its implementation. Policies must be implemented in a sustainable manner and supported by all elements, including the community itself. Suppose the aspects of law formation, law application and law enforcement in a pandemic situation can run optimally. In that case, the law can run as it should so that the existence of Indonesia as a legal state can run optimally, namely in terms of carrying out protection and providing public welfare at large 17 .
Looking at the current situation and situation, in fact, the implementation of emergency law by issuing emergency laws is carried out by including substances regarding the comprehensive handling of the Covid-19 pandemic. Refly Harun explained that it is better to simultaneously implement several policies in one unit including hospital quarantine, regional quarantine and PSBB. Then in the regulation, it is emphasized that each regional government has the flexibility to determine handling policies which can then be evaluated by the central government, continued, reduced or stopped. 15  Then addressing these problems, especially in the economic aspect and information related to the Covid-19 pandemic, needs to be done firmly. As with handling the economy during the pandemic to post-pandemic, it is necessary to supervise; in this case, it is necessary to form a sub-task force for handling Covid-19 in the economic field to oversee regional and central economic growth in synergy and optimally in its implementation. Then regarding the problem of information, the state should actually play a transparent and responsive role in conveying information related to the pandemic because of the emergence of hoaxes and disinformation between the central and regional levels.

Conclusion
Legal optimization through emergency constitutional law needs to be made, especially considering this pandemic can have an impact on the world economic recession. To address this situation, the law must be present in this case, covering aspects of handling the eradication of the spread of the Covid-19 pandemic, aspects of handling health, aspects of disseminating information, and economic aspects. Policies must be implemented sustainably and supported by all elements, including the community. Suppose the aspects of law formation, law application, and law enforcement in a pandemic situation can run optimally. In that case, the law can run as it should so that the existence of Indonesia as a legal state can run optimally, namely in terms of carrying out protection and providing community welfare.
With the urgency of the Covid-19 pandemic and the enactment of a state of emergency, the implementation of emergency constitutional law is a progressive and responsive step for the state in dealing with the Covid-19 pandemic. This is based on ensuring and achieving the ideals of the rule of law, namely ensuring protection and providing public welfare as a supreme law in the presence of the state. Therefore, it is necessary to adjust various regulations or laws that regulate emergencies with the doctrine of efficient constitutional law. In addition to the application of emergency constitutional law, legal aspects must be enforced. In this case, the aspects of law formation, law application, and law enforcement in a pandemic situation can run optimally, and all elements, including the community, take part in helping break the chain of the spread of the Covid-19 pandemic by looking at aspects health, economy, and social welfare.