Doctrine of Executive Immunity in Times of COVID-19: Experience from Indonesia

The Indonesian constitution provides the basis for the president as the executive to issue the executive laws and any policies to take measures in dealing with the COVID-19 impacts. The chapter will provide an analysis of how and what are the limits of the executive powers in Indonesia in dealing with COVID-19 as well as how the legal framework in Indonesia provides the basis of any measures taken by the executive in Indonesia. There are at least two important issues; the first is whether or not the executive has any limits in taking measures dealing with COVID-19; in this context, does the principle of executive immunity apply and in what conditions and circumstances? The second issue would be about how other branches (the legislative and the courts) would be the counterbalance vis-a-vis the executive branch. In Indonesia, since the beginning of COVID-19, there have been many executive laws and policies issued by the executive. Measures taken have covered various aspects ranging from social, economic, monetary and fiscal policy, tax, and any kinds of social restrictions in the health policies including vaccines. The issues in this chapter will be analyzed mostly from the normative perspective. The analysis will focus on the extent to which the constitution permits the executive to issue measures on all kinds of policies delivered in laws. It will assess whether the laws are compatible with dealing with the situation and the implementation of the laws.