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98 J.L. Pol'y & Globalization 75 (2020)
Analysis on the Regulation on Freedom of Worship in the Case of Covid-19 Pandemic in Indonesia

handle is hein.journals/jawpglob98 and id is 76 raw text is: 


Journal of Law, Policy and Globalization                                                     wwwi1isenarg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                       - I
Vol.98, 2020                                                                                        UITE


Analysis on the Regulation on Freedom of Worship in the Case of

                           Covid-19 Pandemic in Indonesia

                                             Wandi  Subroto
                                Rahmaniyah  Sekayu Law  School, Indonesia

Abstract
Restrictions on ritual of worship enforced by the government with the purpose of protecting the health of its
citizens from the spread of Covid-19 are still not acceptable to most followers of religion in Indonesia. Those who
refuse because of mere theological understanding, especially in this digital age are often blamed for the spread of
the disease. To answer the above problem, the authors study it in a research with the main issue of how the
Indonesian government's actions in regulating the freedom of worship of its population during the Covid-19
pandemic  and what its weaknesses are. The study was done using the post-positivism paradigm and the type of
research is a qualitative study with a of the Ethical-Philosophical approach.Research shows that the legal basis
used is Law  No. 6 of 2018 concerning health quarantine, while in terms of religion, in Islamic religion, the
regulation on worship restrictions has been regulated in MIUI Fatwa No. 14 of 2020 concerning Organizing
Worship  in Situations of the Covid-19 Outbreak. Related to weaknesses, it can be seen in terms of structure, as in
the case of the World Congress of jtima in Gowa, South Sulawesi, which continues to carry out its activities amid
the corona pandemic. This case reflects that the structure, in this case law enforcement in Indonesia, is not ready
because in this large event gathering thousands of people, of course, requires licensing and monitoring by the
authorities, the passing of this event not only proves that the legal structure in Indonesia is still weak, but also legal
culture In Indonesia itself, which does not want to comply with existing laws so that it has the potential to spread
Covid-19  more massively.
Keywords:   Freedom of Worship, Covid-19, Indonesia.
DOI:  10.7176/JLPG/98-12
Publication date:June 30th 2020

1. Introduction
In religion, worship is an obligation as it is the spirit of religion itself. But the holy activity called worship is
challenged when at present, the whole world is rocked by panic and worry from the emergence of a fairly deadly
virus called Corona Virus Disease 2019 or Covid-19 virus. The emergence of this virus causes deep sorrow for all
humanity. The  World  Health Organization (WHO)  has established the Corona virus outbreak as a pandemic
(Jamie;2020), because it has spread almost throughout the world and Indonesia is one of them.
     Various reactions arose in addressing Covid-19, especially among Muslims who are the majority religion
adopted in Indonesia. One of the problems that arises in Indonesia regarding the Covid-19 pandemic is the
difficulty experienced in carrying out worship. Most of the religions in the world, including Islam, are often
communal  in nature such as prayer, for example, which can indeed be carried out at home but in certain conditions
can only be carried out in places of worship which in this case are mosques such as the Jumat Shalat or Friday
prayer, a prayer held on mosque on friday and other shalat such as Eid AI-Fitr that are only held once every year
to celebrate the end of Ramadhan. The act of gathering together for any purpose is basically very vulnerable to the
spread of Covid-19.
     Because of this condition, Indonesian people who are predominantly Muslim are divided in terms of worship.
This divisive view by the author is divided into fatalism and free will groups. Both of these groups believe in God,
but have a different approach in taking a stand about the problems of life. Therefore, fatalism and free will have
different views when answering and handling Covid-19.(Mutashim;2020)
     Fatalism believes more in fate (destiny) that has been determined by God. In Islamic theology this school is
called Jabariyah. Because for fatalism surrender to God is the most appropriate and noble action in dealing with
every human  problem. God becomes  the place of support and complaints needed when humans have a number of
worldly problems. According to the view of fatalism, in responding to the corona virus outbreak, it is enough to
just surrender to God by doing deeds, prayers, Dzikr, and religious readings.
     Whereas free will has a foundation that humans have free will and determination in determining their destiny.
In Islamic theology this school is called Qadariyah. This view serves the human mind to solve worldly affairs.
They believe more in reality and real nature when facing metaphysical problems.
     The emergence  of the corona virus must be addressed wisely and professionally through the use of reason
and research. This group wants a situation by looking for causes, symptoms, to the impact and handling and
alleviation of problems scientifically without completely relying on God. This reaction is a function of resolution,
reduction, and preventive action in responding to the Corona pandemic.
     The free will group also shows the strength and effort of humans. By composing concrete steps to the


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