National and Regional Covid-19 Pandemic Countermeasure Integration Policy

The Covid-19 virus pandemic has resulted in a fairly large scale of sufferers and deaths. For more than a year, Covid-19 Pandemic in Indonesia has killed more than 45,000 people. In order to prevent the spread of Covid-19 virus, it surely requires public policies issued at the national and regional levels. Through a normative research approach and covered by the Post-Positivism paradigm, it shows that public policies issued nationally and regionally are needed in synergy and integration to be able to regulate and determine so that citizens become obedient and together overcome the Covid-19 Virus Pandemic. There are two ways to deal with the Covid-19 virus, namely by using penal and using non-penal facilities. Both facilities are carried out together so that they are integrative and provide maximum results.


Background
The Covid-19 Handling Committee and National Economic Recovery have noted that as of May 2021, the Covid-19 Virus Pandemic in Indonesia has resulted in more than 45 thousand deaths. The committee was formed based on Presidential Decree No. 82 in the year 2020, having a lean and straightforward institutional structure, has prevention efforts implemented with an initial target of 40 million people who can be vaccinated. Vaccination effort is a prevention strategy that cannot be 100% expected to prevent Indonesian citizens from Covid-19 Virus. Using health protocols, efforts to cope with the virus are also carried out and supported by legal instruments that can enforce them.
The Covid-19 pandemic is considered an extraordinary event that occurred in 215 countries in the world, including Indonesia. The Covid-19 pandemic is expected to continue for a long time and will not free the world from it immediately. Prevention efforts are performed by conducting vaccination, and of course, the purpose is to make citizens immune to the Covid-19 virus. In addition to the immunity given to the citizens through vaccinations in Indonesia, through the Sinovac and Astrazeneca vaccines, it seems that avoiding infection of Covid-19 virus with health protocols is necessary.
Based on the existing policies on handling disasters not caused by natural factors, the Government has made efforts, one of which is the Enforcement of Restrictions on Social Activities (ERSA). Indonesia has not yet fully closed the region (lockdown) to overcome the spread of the Covid-19 virus. The implementation of Community Activity Restrictions is not fully implemented, considering the level of spread and sufferers of Covid-19 does not occur evenly in all provinces and districts/cities in Indonesia. The spread of Covid-19 sufferers was recorded at the beginning of May 2021; DKI Jakarta Province experienced the highest number with 24.4% or 411,573 cases. West Java Province then followed them with 16.9% or 284,835 cases. Central Java experienced the third rank with 11.0% or 185,526 cases. Furthermore, East Java also suffered quite a lot of 8.8% or 148,688 cases. At the same time, the fifth rank is outside Java, which East Kalimantan Province experiences with 4.1% or 69,038 cases.
The policy that enforces micro ERSA in a limited manner, specifically in Eid Al-Fitr 1442 H, is only aimed at 30 provinces in Indonesia. The implementation of the Micro ERSA is carried out for 14 days, from May 4, 2021, to May 17, 2021. The imposition of the Micro ERSA on the majority of provinces in Indonesia also does not guarantee that this strategy will obstruct the spread of the Covid-19. For instance, the implementation of Micro ERSA in DKI Jakarta Province cannot simply control the spread of the Covid-19 Virus. There is also a tendency for the number of sufferers and victims who died to remain high in DKI Jakarta. Policies that apply ERSA on a macro basis and their strict implementation seem to need to be reconsidered to reduce the spread of the Covid-19 virus.
The macro and strict imposition of Enforcement of Restrictions on Social Activities (ERSA) requires policy to support nationally and regionally. Strict policy implementation implies the opportunity to use the penal facility in its execution. The imposition of penal facilities is possible in the formulated policies, namely national policies in-laws and regional policies in regional regulations. Implementing the proper and proportionate use of correctional facilities requires integration between national and regional policies.

Problems
On a global scale, Covid-19 was first discovered in Wuhan City, Hubei Province, China, and then widely spread outside China. This virus was detected in late 2019 and spread rapidly throughout the world. In Indonesia, at first, many leaders stated that they would not be infected with the virus, but in fact, it turned out to be found and spread quickly in early March 2020. The countermeasures performed could not minimize the spread, so that the prevention and implementation policies need to be carried out optimally. The policy problems experienced by Indonesia are related to the synchronization of policies and their implementation at the national and regional levels, as well as the integration of the use of penal and non-penal facilities nationally and regionally in overcoming the virus-19 pandemic. The integration of policies at the central/national and regional levels and the use of penal and non-penal facilities require the attention and support of all parties in Indonesia.

Review of Literature
Many academic discussions about the spread of Covid-19 have been carried out in scientific journals and publications. In essence, the discussion on overcoming the Covid-19 pandemic, especially in Indonesia, concerns more on Government policies responsible for the safety of its citizens. The pattern of the community leaders' behaviour determines whether or not the Covid-19 virus can be overcome. The policy approach should be performed both towards the formulation of the policy and its implementation by all government officials implementing the policy. The policy concerns the stages of its formulation and problem identification, policy formulation, implementation, evaluation, monitoring, and control of the policies. (Sudarwan Danin. Introduction to Policy Research Studies. Jakarta: Bumi Aksara, 2005. Page 11) The policies formulated involve national and regional policies and the field or scope of using facilities to achieve success, namely by using correctional facilities or non-penal facilities.
Problem formulation or identification begins with agenda making, policy formulation, policy adoption, policy implementation, and policy assessment. Agenda making or problem formulation can help discover hidden assumptions, diagnose the causes, map possible destinations, combine conflicting views, and design new policy opportunities (William N. The impact of intervention in policy formulation that needs to be observed is that every policy has limitations. Institutional limitations also cause this limitation. Also, it involves the available funds to formulate the policy and the ability to formulate the policy itself, which is more technical.
The level that is also crucial is the implementation of the policy itself. Greater attention is directed to policy implementers who are often Myopic. This means that they look more at other things outside themselves, even though nearby are easily seen. There are various models of policy implementation both with a business approach, state administration, and political science.
While the next step after implementing the policy is an evaluation of the policy itself, policy evaluation aims to assess the effectiveness of public policies to be accountable to their constituents. The evaluation is needed to see the achievement of the goals set and the gap between "hope" and "reality". Therefore, the evaluation of public policies must be considered a positive thing to look for deficiency and cover the deficiency that arises.
Various evaluations have been formulated starting from many aspects: effectiveness, efficiency, evaluation, alignment, responsiveness, and accuracy. The evaluation that has been carried out will ultimately lead to the revision of the policy itself. This change requires adaptation and anticipation of the problems that accompany it.
In the end, the end of policy studies has the ideal public policy. Of course, after seeing the policies formulated and implemented, which contain the accuracy of solving problems that arise. The two facilities used are the use of correctional facilities and non-penal facilities. Penal facilities should be seen as ultimum remedium; that is, they are used when other available means cannot solve the problem and become the final means used when other means are no longer able to be used.
The integration of existing facilities must consider its practical nature, that is, for the public benefit and not for the benefit of the elite in the society. Strategic pragmatism refers to three measures: the goal to empower people; second, it refers to the context, the challenges of the present and the future. Finally, the last reference is the suitability of the available resources, namely the optimization of resources or existing resources. Therefore, it is necessary to change the paradigm from the political paradigm to the management paradigm.
Suitable policy formulation in crime prevention which is a social problem, responds to criminal behaviour. It has been a long time since criminal behavior could be tackled by referring to the policies made. Theoretically, there are other terms in this scope which are known as Political Crimes. According to Hermanus Bianchi, he stated, "If criminology were to remain pure, it could not afford to sully its hands, so to speak, with political concerns. Today, however, the image esteemed by criminologists and the expectation they hold for their discipline is quite different than they were in Bianchi's time ...." (531). He further said, "Many criminologists expect to work hand in hand with politicians and policymakers, forging crime control agents based on scientific knowledge and criminological theorizing. Some would say that this change in attitude represents a maturation of the discipline of criminology". (Frank Schamelleger. Criminology Today. New Jersey: Pearson Prentice Hall, 2006. 531). Thus, the cooperation between criminologists with politicians and policymakers is necessary for overcoming social problems, including crime. The ideal policy formulation becomes very urgent to be presented..

Policy Synchronization and its Implementation at National and Regional Levels
The The dictum of the issuance of the implementing regulation stated that the spread of Corona Virus Disease 2019 (COVID-19) with the number of cases and/or the number of deaths had increased and spread across regions and countries and had an impact on political, economic, social, cultural, defence and security aspects, as well as the social welfare of the Indonesian people and had resulted in certain conditions so that it is necessary to take measures to overcome them, one of which is using large-scale social restrictions., enforcement of restrictions on social activities carried out on a micro-scale, especially when facing the religious holiday of Eid al-Fitr 1442 H. However, the implementation and enforcement in the regions are different depending on the regional policies made by each region.
Policies at the law level do not clearly and strictly describe the authority possessed by local governments. The contradiction started with the difference in informing the community as sufferers of the virus-19, which the Central Government denied-handling at the regional level to call on employers to work from home and purchasing health test kits by regional needs and other policies such as closing educational activities where the high spread of Covid-19 is located. The closure of tourist destinations that are not too in line with the policy of bringing tourists to certain areas has resulted in a contradiction in the authority carried out by the Central and Regional Governments. (Muhammad Zulfikar Rakhmat & Dikanaya Tarahita. Covid-19 di Indonesia, Yogyakarta: UII Press, 2020. Page 98).
Coordination between the Central Government and Regional Governments, which is not optimal, does not make the handling in the regions bad. One of the areas that can have a good impact or result in handling Covid-19 is Brebes Regency, Central Java. Regional leaders have a solid determination to get a significant reduction in the handling of the Covid-19 virus in Brebes Regency. Handling efforts are carried out and as a form of hard work from government officials, TNI/Polri, Community Organizations and all elements of the society. (www.gatra.com. Bupati Brebes Targetkan Kasus Covid-19 Turun dalam 2 Minggu. 13 October 2020). Differences in data made from the Covid-19 Handling Task Force at the centre and regions still often occur. The clusters of sufferers that occur start from the family cluster, takziah, Islamic boarding schools, and baby chicks.
Although Brebes Regency was also briefly set with Large-Scale Social Restrictions due to its residents being infected with the Covid-19 virus, this Regency is classified as low in the number of residents infected with the Covid-19 Virus. On May 5, 2020, one person tested positive for the Covid-19 virus after the resident attended a religious event in Gowa Regency, Sulawesi. Brebes Regency became the last red zone area designated in Central Java. To prevent and cope with the spread of the Covid-19 virus, Brebes Regency issued Brebes Regent Regulation Number 54 of 2020 concerning Guidelines for the New Normal Order in Corona Virus Disease 2019 Conditions in Brebes Regency. The Regent's Regulation was prepared as a guideline for implementing the new normal order in the COVID-19 pandemic condition in the region. To strengthen its implementation, sanctions can be given to violators who can be in the form of verbal warnings; written warnings; social work in the form of cleaning public facilities, singing the national anthem and reading Pancasila; government action aimed at stopping violations and/or redressing; confiscation of identity cards; prohibition against operating; and/or revocation of permits by their authority.
The scope of handling the prevention and control of the Covid-19 virus that the Regional Government has carried out in the form of regional head regulations as the forefront leader can be expected to have a significant impact in preventing and overcoming the spread of the COVID-19 virus.
Regulations made by regional heads, as exemplified in the Brebes Regent Regulation, are in synchronization with the regulations above, which are higher than at least 3 (three) laws which are intended as a reference for overcoming the Covid-19 pandemic, namely the Law on Infectious Disease Outbreaks; Law on Disaster Management; and also the Law on Health Quarantine. However, the regent's regulation does not have coercive power because it is not a regional regulation containing criminal sanctions. As has been stipulated by Law Number 12 of 2011 concerning the Establishment of Legislation as amended by Law Number 15 of 2019, Article 15 Paragraph (1) states that the content of criminal provisions can only be contained in the Act; Provincial Regulations or Regency/City Regional Regulations. Whereas in paragraph (2), it is regulated that Regional Regulations can only contain the threat of imprisonment for a maximum of 6 (six) months or a maximum fine of fifty million rupiahs. Criminal sanctions in the form of imprisonment or fines can have a deterrent effect on the citizens. The confinement punishment as a form of restraint on citizens' freedom of movement is a corporal punishment that can be carried out to provide a deterrent effect for the convict. Likewise, the fine imposed with a maximum of 50 million rupiahs is considered significant for the community. Indeed, the orientation to corporal punishment in the form of confinement and fines is still the actualization of a crime based on the philosophy of retributive justice. However, in a society that does not yet fully realize that punishment is better based on restoring the condition of the people who are disturbed by acts that threaten the integrity of society, it is still necessary to consider retribution for the community.
Several other means of restoring the community need to be considered. Referring to the provisions stipulated in the Law on Outbreaks of Infectious Diseases, Disaster Management Law, and the Health Quarantine Law, it is necessary to consider other means other than the sanctions regulated by the three laws.
The Health Quarantine Act mandates several further measures that can be taken. The consideration emphasized in the Health Quarantine Law is that the implementation of Indonesia's human development requires health protection for all Indonesian people spread over variously large and small islands which are located in a very strategic position and are on international trade routes, which play an essential role in traffic of people and goods. In addition, that advances in transportation technology and the era of free trade can risk causing new health problems and diseases or old diseases that re-emerge with a faster spread and have the potential to cause public health emergencies, thus demanding efforts to prevent disease and health risk factors that are comprehensive and coordinated, and requires resources, community participation, and international cooperation. Besides, as a part of the world community, Indonesia is committed to making efforts to prevent public health emergencies that are troubling the world as mandated in international regulations in the health sector and in carrying out this mandate, Indonesia must fully respect the dignity, human rights, the basics of man's freedom, and its universal application. So that legislative policy is needed to prevent the in and out diseases and/or public health risk factors that can cause public health emergencies.
Prevention of urgency and countermeasures to health emergencies require implementing policies at the forefront, which is the regions. Facilities that need to be prioritized are other than penal facilities, which are ultimum remedium. The penal facility is only applied if there is no other method that can be used. Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019 (Covid-19) has been formulated based on the consideration that the number of cases and/or the number of deaths has increased and spread across regions and countries and has an impact on aspects of political, economic, social, cultural, defence and security, as well as the social welfare of the Indonesian people. Based on these considerations, it is necessary to establish large-scale social restrictions on certain activities of residents in an area suspected of being infected with Corona Virus Disease 2019. This step is taken with the approval of the Minister, who carries out government affairs in the health sector; the Regional Government may carry out Large-Scale Social Restrictions or restrictions on the movement of people and goods for a particular province or district/city. So the Large-Scale Social Restrictions (LSSR) is carried out after it is proposed by the regions that know more about the conditions in their regions. Efforts made with LSSR, such as in Central Java, were lastly carried out by the Government of Brebes Regency after making efforts as stated in the Regulation of the Regent of Brebes Number 54 of 2020. The Regulation of the Regent of Brebes has considerations of prevention and handling efforts in various aspects, such as governance, health, social and economic and also must continue to make efforts in supporting the sustainability of the community's economy, one of which is the implementation of the new normal order in the conditions of the Corona Virus Disease pandemic 2019.
The considerations in the regent's regulation are based on several things; they are the objective of increasing the participation of all stakeholders in the implementation of the new normal in an integrated and effective manner as well as to improve coordination, harmonization and synchronization of policies regarding the new normal order between local governments, stakeholders and local communities. So that the formulation of regulations with these two objectives has a regulatory scope consisting of implementation; prevention, and handling of COVID-19; phasing; monitoring and evaluation; penalty; and funding.
The implementation of the new order in society is oriented towards the end of economic activity. This can be seen in many article arrangements that affirm such. For example, this formulation can be seen from policy arrangements that emphasize implementing the new normal order to prevent and deal with COVID-19 in various aspects, including governance, health, social and economic. Steps like this are also applied in the regions because many see what the Central Government does. This shows that Indonesia prioritizes the economy over public health amid a pandemic. This economic orientation is seen and has been widely published in foreign media. An Indonesian journalist who wrote in The Conservation on May 20, 2020, stated, "If many other countries are still reluctant to relax their lockdown policies and act very carefully in making decisions to return things to normal, Indonesia has the highest Covid-19 death rate in Southeast Asia seems rushed. The government has explained that the decision to relax the LSSR rules aims to return economic activities to their original state." Muhammad Zulfikar Rakhmat & Dikanaya Tarahita, 2020: 17).
The policies formulated to prevent and overcome the spread of the Covid-19 virus do not seem to reflect the awareness that the spread of the Covid-19 virus is a disaster caused by humans themselves. Kai Erikson, who has researched dozens of disasters that occurred, concluded three leading causes that resulted in the consequences of disasters, namely the social damage that occurs if a disaster occurs as a result of the actions of the residents themselves. (John J Macionis. Sociology. New Jearsey, 2012:547 ). This happens because of the ignorance and negligence of the residents themselves. The increase in positive cases infected with the Covid-19 virus and the death toll reaching 50 thousand people confirms Kei Erikson's conclusion.

The Use of Penal and Non-Penal Facilities in Handling the Covid-19 Pandemic
Disaster management uses the Infectious Disease Outbreak Act, Disaster Management Law, and the Health Quarantine Law, in which penal facilities are possible. Acts such as skipper/fly captain/drivers of vehicles on the ground who unload/pick up people/goods before obtaining Health Quarantine approval to spread disease/health risk factors are punishable by imprisonment for a maximum of 10 years. In the Quarantine Law, it is also determined that anyone who does not comply with the implementation of Health Quarantine and/or obstructs the implementation of Health Quarantine to cause a Public Health Emergency is threatened with imprisonment for a maximum of 1 (one) year. Criminal threats are also directed at corporations that carry out prohibited acts that are threatened both against the corporation and or its management. Whereas in the Disaster Management Law, it is also threatened with criminal acts such as those due to negligence in carrying out high-risk development, which is not equipped with a disaster risk analysis that results in a disaster, punishable by imprisonment for a minimum of 3 (three) years or maximum of 6 (six) years. The criminal threat is increased to a longer prison sentence, a minimum of 6 (six years) and a maximum of 8 (eight) years if the act is committed that results in loss of property/goods. Meanwhile, if it results in death, the threat of imprisonment is a minimum of 8 (eight) years and a maximum of 10 (ten) years. The criminal threat is a minimum of 5 (five) years and a maximum of 15 (fifteen) years if it is done intentionally. Meanwhile, acts in the form of intentionally obstructing the ease of access to disaster management are punishable by imprisonment for a minimum of 3 (three) years or a maximum of 6 (six) years. The threat of imprisonment will be increased if the act is done intentionally. Moreover, if a corporation or legal entity carries it out, criminal threats are aimed at the corporation and its management.
Meanwhile, in an infectious disease outbreak, specific actions are punishable by criminal sanctions, especially if committed intentionally or due to negligence hindering the implementation of epidemic control. While other acts are in the form of intentional or negligence in improperly managing materials to cause an epidemic, the maximum imprisonment is 10 (ten) years. If a corporation or legal entity carries out the act, it may be subject to additional penalties in revocation of the business license owned by the business entity or corporation.
The formulation of the actions in the law, in the Infectious Disease Outbreak Act, the Disaster Management Act and the Health Quarantine Act, are acts that show non-compliance with orders carried out by public officials responsible for the health problem. Acts of disobedience to public officials or officers have been regulated by the existence of criminal threats in the general provisions that have been made in general laws, namely in the Criminal Code/KUHP. Several articles in the Criminal Code / KUHP, such as Article 160 KUHP and Article 212, Article 216 and Article 218 KUHP, contain criminal threats for anyone who goes against the orders of the competent authorities.
The instructions for disbanding the crowd that apply these articles have been stated in the Decree of the Chief of Police Number Mak/2/III/2020 concerning Compliance with Government Policies in Handling the Spread of the Corona Virus (Covid-19). The edict contains five types of mass gatherings that can be disbanded, the first is social, cultural, religious in the form of seminars, workshops, gatherings and other similar activities. Second, the activities include music concerts, fairs, festivals, bazaars, night markets, exhibitions and family receptions. The third activities are sports, arts and entertainment services. Fourth is demonstrations, parades and carnivals, and the fifth is another activity that gathers the masses. (www.kompas.com. Ini Ancaman Hukuman Bagi Warga yang nekad Berkerumun Saat Ada Wabah Corona. Tuesday, March 24 2020. Uploaded at 11.07 WIB) Several crowd events that have been applied to the provisions of criminal threats occurred around the Jakarta area. The incident occurred at Petamburan Jakarta on November 14, 2020. Likewise, the crowd occurred at Megamendung Bogor on November 13, 2020. Notifications to carry out activities with a minimal number of participants, namely no more than 50 people and carried out by following health protocols, did not appear to be followed by organizers and participants of the activity so that in the area there was a spike in people who were positive for the Covid-19 virus.
The case of crowds amid the Covid-19 Pandemic also occurred in Jakarta, especially in celebrating the Lunar New Year on February 14, 2021. The person in charge of the Lion Dance performance at Pantai Indak Kapuk, Jakarta, was brought to court for causing crowds amid the Covid-19 pandemic. Enforcement against community members who conduct crowds is not carried out massively. Several incidents of the crowd being examined are also related to the implementation of religious ceremonies.
Examinations up to court decisions against several residents are the last resort made by law enforcers to overcome behaviours that are normatively threatened in-laws and regulations. Efforts made by law enforcement officers are the final means that are ultimum remedium. Some of the efforts made before using the means of criminal law are the first to use non-penal facilities that are administrative. First, the police institution is administrative with the use of permits to prevent and control the spread of the Covid-19 virus. The main factor conveyed in licensing is that the organizer carries out activities that implement health protocols that have been socialized nationally in various media. The use of masks, washing hands and maintaining a controlled distance and body temperature are the main requirements that have been confirmed in the permit. The number of participants in activities that do not cause crowds has also been confirmed by considering the activities' location.
During There are some exceptions to the use of IOP, namely in 11 business fields that can have IOP, namely business actors engaged in the health sector; food/food/beverage materials; energy; communication and information technology; finance; logistics; hospitality; construction; strategic industry; essential services, public utilities and industries that are designated as vital national objects and particular objects; and/or daily necessities. The DKI Jakarta Governor Regulation contains criminal sanctions, which in Article 12 states that any person or business actor who makes fake letters, manipulates information and/or electronic documents, falsifies letters, or makes false statements for the management of IOP is subject to criminal sanctions by the provisions of the legislation. Provisions that do not need to be formulated considering that actions are regulated by themselves are public secrets known to every citizen.
The formulation of regulations at the regional level is carried out in the form of regional head regulations. Besides, the formulation process does not take too long because regional heads carry it out. Regional officials can also implement it as implementing provisions of regional regulations and higher regulations, especially laws. To limit the movement of people coming or leaving the area, the mode of transportation, especially land transportation, may be subject to administrative sanctions in the form of a fine of up to a minimum of 10 million rupiahs and also towing to a motor vehicle storage area provided by the regional government. Other administrative sanctions that can be imposed are revocation of business licenses for land transportation operators. Referring to the regulations issued by the Governor of DKI Jakarta, it can be seen that maximum efforts have been made to use non-penal means in preventing and overcoming the spread of the Covid-19 virus. Preventing the spread of the Covid-19 virus by restricting the movement of people in the Jakarta area has been carried out. These are non-penal measures classified as severe, such as the imposition of administrative fines and the revocation of business licenses owned by land transportation entrepreneurs. This policy formulation has shown to have been preceded by an integrated policy analysis as stated by William N. Dunn as a review process that includes five components of policy information that are transformed from one to another, namely policy problems, policy actions, policy results, policy performance and the future of policy.
Meanwhile, the arrangement of documents used to limit the movement of people to minimize the spread of the Covid-19 virus is through an In and Out Permit in the DKI Jakarta area. Although the permit can be obtained through an online process, several requirements are made to limit the movement of residents going to and from the DKI Jakarta area. Thus, this restriction confirms its objective to limit the movement of people out and/or to enter the DKI Jakarta Province to suppress the spread of Corona Virus Disease 2019 (Covid-19).

Conclusion
Corona Virus Disease 2019 (Covid-19) is spread nationally with the integration of efforts made in the regions. Various policies are formulated, including laws made by the centre and synchronization of policies and their implementation at the national and regional levels is carried out by using the form of legislation nationally in the form of laws and at the regional level in the form of regional head regulations. The integration of the use of penal and nonpenal facilities nationally and regionally in tackling the virus-19 pandemic at the national level is more carried out in the form of law by implementing the use of penal facilities. While the use of non-penal facilities is applied0 in the form of regional head regulations that are formulated and implemented directly and immediately to suppress the spread of Corona Virus Disease 2019 (Covid-19).