Original Research - Special Indonesian Collection: Philosophy Culture and Theology

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

Anis Farida, Priyo Handoko
HTS Teologiese Studies / Theological Studies | Vol 77, No 3 | a6531 | DOI: https://doi.org/10.4102/hts.v77i3.6531 | © 2021 Anis Farida, Priyo Handoko | This work is licensed under CC Attribution 4.0
Submitted: 10 February 2021 | Published: 09 September 2021

About the author(s)

Anis Farida, Department Syari’ah dan Hukum, Universitas Islam Negeri (UIN) Sunan Ampel, Surabaya, Indonesia
Priyo Handoko, Department Syari’ah dan Hukum, Faculty Pascasarjana, Universitas Islam Negeri (UIN) Sunan Ampel, Surabaya, Indonesia


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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.

Contribution: This study’s findings can support the government in enforcing the law to combat the spread of the coronavirus disease 2019 (COVID-19) in Indonesia and other countries because, constitutionally, the law is legal. Then, the legality of fines for violators of the COVID-19 health protocol, from an Islamic perspective, does not contradict maqasid al-shari’ah. So, there should be no doubts for Muslims to obey these regulations.


Keywords

fines; normative law; government’s health protocol; COVID-19; Islamic theology

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