The Right to Health of Community Post-Covid-19 Pandemic in Indonesian Environmental Health Law Perspective

The Right to Health of Community Post-Covid-19 Pandemic in Indonesian Environmental Health Law Perspective

Sodikin
Faculty of Law, Universitas Muhammadiyah Jakarta, Indonesia

DOI: https://doi.org/10.47772/IJRISS.2023.7406

Received: 10 March 2023;  Accepted: 24 March 2023; Published: 25 April 2023

ABSTRACT

The Covid-19 pandemic has disrupted and damaged public health because health is the main thing in human life, so everyone has the right to health. The degree of health is very meaningful for the development of human resources as well as one of the capital for the implementation of national development. The main problem of this study is how government policies are in accordance with the law governing the right to health during and after the Covid-19 pandemic. The research method used is normative juridical research aimed at finding and formulating government policies in protecting and fulfilling the right to health during and after the Covid-19 pandemic. The results of the study explain that government policies in the environmental field are related to the right to health, with maintenance, conditions of water, soil, and air by preventing noise with the aim of harmonizing human actions to realize a healthy environmental quality, both from the physical, chemical, biological aspects, as well as social services during and after the Covid-19 pandemic has not been fully carried out by the government. Other laws and regulations including international conventions or existing international legal documents are not used optimally by the government in making policies or authorities related to the right to health.

Keywords Environmental Health Law – Authority – COVID-19 – Right to Health

INTRODUCTION

The Covid-19 pandemic has disrupted public health (Sethi, et al., 2020), because health is the main thing in life, so everyone has the right to health. Thus, health is the right of everyone during the Covid-19 pandemic that needs to be obtained, fulfilled and protected by the state. It is said that, in general, health is one of the elements of general welfare that must be realized in accordance with the ideals of the Indonesian nation as stipulated in the 1945 Constitution of the Republic of Indonesia through sustainable national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia (Maskawati, et al. 2018). The statement shows that the Covid-19 pandemic is correlated with human rights, namely the right to health (Giorgetta. 2002), and the right to health is part of economic, social and cultural rights (Ecosoc) (Core Instrument Universal Instrument, 2020). In addition, the Covid-19 pandemic is also related to the environment, because the Covid-19 pandemic is the result of environmental damage. It is necessary to understand that legal protection of human rights is also one of the most effective ways to protect the environment (Usman, 2018). Human rights and the environment are interdependent. A country must be able to provide environmental protection arrangements in order to simultaneously protect human rights, especially those related to the right to health. The degree of health is very meaningful for the development and development of human resources as well as one of the capitals for the implementation of national development which is essentially human development as a whole (Maskawati, et al. 2018). Environmental damage as a result of human desire to develop and build a better life. The human desire to develop a better life is a human right, namely the right to development (Darmawan, 2022). However, the right to development makes many people forget about environmental factors, so that the environment is damaged which also results in damage to ecosystems. The Covid-19 outbreak is one example that started with environmental damage. Exploitation of the environment by killing wild animals which are then consumed or as human food. These wild animals are components of the environment that need to be preserved. The results of the study stated that this virus was known to first appear in the animal and seafood market in Wuhan City. It was later reported that many patients were suffering from this virus and were found to be related to the animal and seafood market. The first people who fell ill from this virus were also known to be traders in the market (Bali-idntime.com, 2020). The City Guangdong, China observed first incidence of SARS-CoV in 2002–2003 as a typical pneumonia marked by fever, headache and subsequent onset of respiratory symptoms such as cough and pneumonia, which may further develop into life-threatening respiratory failure and acute respiratory distress syndrome (Graham and Baric, 2013). The BBC’s health and science correspondents Michelle Roberts and James Gallager (Bali-idntime.com, 2020) said the wholesale market for animals and seafood sold wild animals such as snakes, bats and chickens. They suspect that this new corona virus almost certainly comes from snakes. It is also suspected that this virus spread from animals to humans, and then from humans to humans (Bali-idntime.com, 2020). What happened later, human rights to get a healthy life (the right to a healthy environment) became violated or sidelined. In addition, as a result of human greed in the name of uncontrolled development, human rights can be violated. The existence of these problems, the state must provide arrangements for the protection of the environment in order to simultaneously protect human rights, especially those related to the right to health due to the Covid-19 pandemic. Regulations made by the state through law in the presence of the Covid-19 pandemic are reviewed in environmental law, namely environmental health law. Environmental health law in Indonesia relates to the authority or policies of the government in the protection of public health. This study of health law has been put forward by Koesnadi Hardjasoemantri (2002), that environmental law in Indonesia can cover aspects including environmental health law. The same thing was also stated by Siti Sundari Rangkuti (1996) following the opinion of A.V. Van den Berg, that environmental management in Indonesia is dealing with the law as a means of various environmental interests, it can be distinguished parts of environmental law, including environmental health law (Milieuhygienerecht). Thus, the purpose of health in the sense of environmental health is a healthy state, namely physical, mental, spiritual and social health, so that everyone can live productively , socially and economically. The meaning of environment is the living environment which means the physical component which includes the state of natural resources such as land, water, solar energy, minerals, as well as flora and fauna that grow on the land and in the ocean, including humans as environmental components that greatly affect environmental conditions (Darmawan, 2022). Environmental health law is a law that relates to government policies in the field of environmental health, especially the maintenance of water, soil and air conditions (Rangkuti, 1996), and the prevention of infectious diseases. All of them with the background of human actions that are in harmony with the environment. The outbreak of an infectious disease known as the Covid-19 pandemic is a serious concern (Lai, et al., 2020), because the right to public health will be violated and sidelined. Because the Covid-19 pandemic has begun to decrease, people still have the right to health so that they can live better. The government must be able to take the right policies in handling the post-Covid-19 situation. This is where the purpose of this paper is that the rights to public health during and after the Covid-19 pandemic need to be fulfilled. The problem then is how the government’s policy or authority is in accordance with the law that regulates the right to health during and after the Covid-19 pandemic. Researchers try to analyze it in the following research study.

RESEARCH METHODS

The research method is descriptive normative. According to Hadjon and Djamiati (2005), normative juridical research or normative legal research is research aimed at finding and formulating legal arguments through analysis of the subject matter. Descriptive method is a research method conducted with the main objective to describe or describe a situation objectively. Content analysis is a research technique to draw conclusions by identifying the specific characteristics of a message objectively and systematically. The main issue is about government policies in the field of public health after the Covid-19 pandemic because health is a human right related to environmental health law.

RESULT AND DISCUSSION

Right to Health

 The right to health is a human right, health is a human right because health is closely related to everyday human life (Buku Saku, 2019). The availability of health services and medicines, a clean and healthy environment, and other matters related to health are vital factors for human survival (Buku Saku, 2019). This is because without it, humans may find it difficult to live with dignity, even poor health can shorten a person’s life expectancy, so health should be obtained by everyone. Health is also influenced by several factors that are beyond the control of the state, for example a person’s biological and socio-economic conditions (Komite Hak Ekosob, 2000). These factors indicate that the right to health is part of the economic, social and cultural rights (Ecosoc), and the existence of this Ecosoc rights in an effort to implement the rule of law in a democratic country that refers to justice and becomes a country based on justice. law. The state must recognize the honor of the individual as the basis of justice as stated in the Preamble to the Universal Declaration of Human Rights 1948 (Leckie & Gallanger, 2006). The 1948 Declaration as stated by Piechowiak (2000) that, …modeling the legal system on the basis of respect for human rights, help to protect positive law from degenerating into legal lawlessness. This 1948 declaration is a follow-up to the provisions contained in the United Nations Charter, one of the objectives of which is as stated in Article 1 paragraph 3, namely: promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion (UN.org, 2022). This 1948 declaration also does not explicitly stipulate the right to a healthy living environment, only stipulating that everyone has the right to a standard of living adequate for the health and well-being of himself and of his family,… (UN.org, 2022). This, although it does not expressly state the right to a healthy environment, but to get an adequate life for the health has shown that everyone has the right to a healthy life. To get a healthy life, of course, must protect the environment from damage and pollution. The objectives contained in the 1948 Declaration were later strengthened in the ECOSOC Charter (The Charter of the Economist and Social Council), that in Article 62 paragraph 2 of the ECOSOC Charter explains that recommendations for the purpose of promoting respect for, and observance of human rights and fundamental freedom for all (UN.org, 2022). This was followed by the establishment of the International Covenant on Civil and Practical Rights (ICCPR) (OHCHR, 2021), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) through UN General Assembly Resolution No. 2000 A (XXI) on December 16, 1966 (Wikipedia.org, 2022). Economic, social and cultural rights contained in the ICESCR are rights that have an economic, social or cultural nature, where these rights are related to the realization of basic human needs and include subsystem rights or basic rights (Susanto, et al., 2020). Article 12 of ICESCR states that: the state parties to the present Covenant recognize the right to everyone to the enjoyment of the highest attainable standard of physical and mental healthy (Wikipedia.org, 2022). This means that everyone has the right to be physically and mentally healthy. This is achieved through the protection of these rights. To achieve the fulfillment of this right, it is further regulated that the state must take various actions, including the improvement of all aspects of environmental and industrial hygiene and the prevention, treatment and control of epidemic, endemic, occupational and other diseases (Wikipedia.org, 2022). The provisions in this ICESCR in addition to giving rights, also regulate obligations to be able to fulfill each other’s rights, namely by improving the environment, especially due to ecosystem damage. Both ICCPR and ICESCR regulate the recognition of individuals in their political and socio-economic life. This is in order to protect the rights of individuals to their socio-economic and cultural life, the government is obliged to provide a decent life for everyone by, for example, providing employment (to implement the right to work) or providing education as the implementation of protection against the right to education and also fulfill the right to health as an effort to fulfill it. The right to health involves two important aspects, namely the aspect of freedom (freedom) and the aspect of entitlements (Komite Hak Ekosob, 2000). Freedom in the right to health is to give everyone the right to control their body and health conditions, including the freedom to engage in sexual and reproductive activities and to be free from interference from the state or third parties (Buku Saku, 2019). Meanwhile, the entitlement to the right to health itself is to give everyone the right to get health services that are not discriminatory and uphold equality and equal opportunities, for example the right to get good health services (Buku Saku, 2019). The state as the holder of the obligation to fulfill human rights has the responsibility to comply with the two aspects above when talking about the right to health. This responsibility can be carried out by, for example, procuring good services and facilities, providing non-discriminatory services, developing specific policies/laws and action plans, or other similar measures for the full realization of the right to health, such as human rights (Buku Saku, 2019). The provisions on the right to health in Indonesia are stated in Article 28H paragraph (1) of the 1945 Constitution which states that, “everyone has the right to live in physical and spiritual prosperity, to live, and to have a good and healthy environment and have the right to obtain health services”. Article 28H paragraph (1) of the 1945 Constitution is the constitutionality of environmental health (including human health) in Indonesia, because it clearly regulates a good and healthy living environment which includes the right to health (Sodikin, 2019). Furthermore, through Article 28H paragraph (1) of the 1945 Constitution, the Indonesian government ratified the international covenant on economic, social and cultural rights with Law Number 11 of 2005. In addition, there is also Law Number 32 of 2009 concerning Management and Protection Environment, especially Article 65 paragraph (1) states, “Everyone has the right to a good and healthy environment as part of human rights”. Likewise, Law Number 39 of 1999 concerning Human Rights provides an affirmation of the right to a good and healthy environment, namely in Article 9 paragraph (3). The law that more specifically regulates the degree of public health as a human right is Law Number 36 of 2009 concerning Health. Article 6 of Law Number 36 of 2009 regulates the relationship between health degrees and environmental problems, while the explanation is, “everyone has the right to a healthy environment for the achievement of health degrees”. Law Number 36 of 2009 concerning Health guarantees the health of its people by providing competent health services and based on non-discrimination, although in practice the fulfillment of the right to health does not escape violations (Buku Saku, 2019). Law Number 36 of 2009 concerning health is an effort by the government to improve health status and a clean and good environment. The purpose of Law Number 36 of 2009 concerning Health is to increase awareness, willingness, and ability to live healthy for everyone in order to realize the highest degree of public health, as an investment for the development of socially and economically productive human resources (Article 3 of Law Number 36 of 2009).

Environmental Health Protection During and Post Covid-19 Pandemic

As explained above, the emergence of the Covid-19 pandemic is the result of natural damage done by human actions (Ciotti, et al. 2020). This was stated by the leaders of the United Nations (UN), the World Health Organization (WHO), and WWF International which is a non-profit organization focused on conservation in the world (Galamedia.com, 2020). Likewise, The Guardian noted that the illegal and unsustainable trade in wildlife and the destruction of forests and other wildlife places are still the driving force behind the increasing number of diseases jumping from wildlife to humans. They call for a green and healthy recovery from the Covid-19 pandemic, in particular by reforming destructive agriculture and unsustainable diets (Galamedia.com, 2020). Natural resources should not be disturbed because it will eliminate the balance of ecosystems and ecology resulting in damage to nature or the environment (damage of the environment) (Listyani, 2017). The environmental damage that has resulted in the Covid-19 pandemic is a violation of the rights to health of citizens (El Zolawaty, et-al., 2020), so the need for environmental protection and human rights during the Covid-19 pandemic has a link between the two. The link is environmental protection as well as protecting and fulfilling human rights. It is said that the protection of the environment and natural resources has a dual purpose, namely serving the interests of the whole and serving the interests of individuals (Sodikin, 2007). The constitutionality of health protection and efforts to prevent infectious diseases (Covid-19) in Indonesia is stated in Article 28H paragraph (1) of the 1945 Constitution which states that, “everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment. and have the right to obtain health services”, and Article 34 paragraph (3) of the 1945 Constitution which states that, “The state is responsible for the provision of proper health facilities and public service facilities”. Implementation of Article 28H paragraph (1) and Article 34 paragraph (3) of the 1945 Constitution, namely Law Number 32 of 2009 concerning Environmental Management and Protection. Law No. 32, 2009 provides guarantees of legal certainty and provides protection for the right of everyone to obtain a good and healthy living environment as part of the protection of the entire ecosystem. This protection is needed because the declining quality of the environment has threatened the survival of human life and other living creatures, so it is necessary to carry out serious and consistent environmental protection and management by all stakeholders (Law No. 32 of 2009). To have a good and healthy living environment is a human right and a constitutional right for every Indonesian citizen. Therefore, the state, government and all stakeholders are obliged to protect and manage the environment in the implementation of sustainable development so that the Indonesian environment can remain a source and support for life for the Indonesian people and other living creatures (Law No. 32 of 2009). Furthermore, there is a more specific law that regulates the degree of public health as a human right, namely Law Number 36 of 2009 concerning Health. Article 6 of Law no. 36/2009 explains that, “Everyone has the right to a healthy environment for the achievement of health degrees”. The article is about a more specific arrangement regarding the relationship between health degrees and the environment. Law Number 36 of 2009 concerning Health as a legal basis for stakeholders in order to ensure public health by providing good and competent health services does not discriminate, although in practice the fulfillment of the right to health is also violated. Law No. 36 of 2009 concerning health is also an effort by the government to improve health status and a clean and good environment. The purpose of Law Number 36 of 2009 concerning Health is to increase awareness, willingness, and ability to live healthy for everyone in order to realize the highest degree of public health, as an investment for the development of socially and economically productive human resources. In addition to Law Number 36 of 2009 concerning Health, in the context of protecting against infectious disease outbreaks, there is Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases. This Law Number 4 of 1984 has the intent and purpose to protect the population from the disasters caused by the epidemic as early as possible, in order to increase the community’s ability to live a healthy life (Law No. 4 of 1984). Law No. 4 of 1984 describes an outbreak of an infectious disease which is an outbreak of an infectious disease in a community whose number of sufferers has significantly increased beyond the usual situation at a certain time and area and can cause havoc. However, Law Number 4 of 1984 cannot be effectively used in handling Covid-19, which is an outbreak of an infectious disease that transmits from human to human, and has become a pandemic in almost the entire country. The ineffectiveness of Law no. 4 of 1984 in the prevention of infectious diseases including Covid-19, it was replaced by Law no. 6 of 2018 concerning Health Quarantine. The purpose and objectives of the Act in the context of implementing Indonesian human development as a whole, it is necessary to have health protection for all Indonesian people who are spread over various large and small islands which are located in very strategic positions and are on international trade routes, which play an important role in traffic. people and goods (Law No. 6 of 2018). Therefore, environmental health is part of the basics of modern public health today, the health aspect covers all aspects of humans in relation to the environment (Suprapto & Arda. 2021). Things related to environmental health will also be tied to the environmental ecosystem itself. The aim of environmental health is also to enhance and maintain human health values at a high level (Rizka Ariani & Riza, 2019). A high degree of health by modifying not only social and physical environmental factors, but also all environmental traits and behaviors that can have an influence on the peace, health, and safety of mankind from the effects of the Covid-19 pandemic. Likewise, it is said that environmental health efforts are aimed at realizing a healthy environmental quality, both physical, chemical, biological, and social that allows everyone to achieve the highest degree of health (Law No. 32 of 2009). Efforts to overcome the Covid-19 pandemic, which are oriented towards saving human life, should also be carried out to save the environment which leads to human safety (Unika.ac.id, 2021). By adhering to the principle of “salus populi suprema lex esto” the safety of the people is the highest law, so health policies in the context of saving, preventing, and recovering from Covid-19 must be the first priority (Irawan, et al., 2021). This means that there is an interactive relationship between the community and environmental changes that have the potential for harm/cause health problems or diseases and seek efforts to overcome them. Because the corona virus (Covid-19) outbreak is related to the environment (Bhimraj, et al., 2020), problems with the fulfillment of economic and social rights are related to the physical environment such as clean water, clean air, a healthy workplace, free of pollution that can contribute to creating a healthy environment. Many humans forget environmental factors to carry out their daily activities, so that ecosystem problems (humans and their environment have a relationship with each other and are cyclical in nature) (Livesley et al., 2016) are disturbed. What then happened, human rights to get a healthy environment (the right to a healthy environment) (Knox, 2020) became violated. Many steps and efforts have been made by individuals, groups, communities, and NGOs. However, neither the government nor other stakeholders have resolved these environmental problems, even now, environmental problems are actually increasing due to the exploitation of natural resources due to their economic orientation. Health is a human right (Rodríguez-Garavito, 2017) and health is one of the elements that must be realized in accordance with the ideals of the Indonesian nation as referred to in Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia. Therefore, every activity and effort to improve the highest degree of public health is carried out based on non-discriminatory, participatory, protective and sustainable principles which are very important for the formation of Indonesian human resources, increasing the nation’s resilience and competitiveness, as well as national development (Law No. 36 of 2009). The need for health insurance is a tangible manifestation of human rights (ecosoc rights) for all citizens, and health insurance is also applied to people or groups who are vulnerable to the Covid-19 outbreak (Pradana. et al., 2020). The vulnerable groups in question are the elderly, infants/toddlers, children, people who are sick (infected with viruses and have comorbidities), pregnant or breastfeeding mothers and persons with disabilities (Setyawan, 2020). In addition to the need for access and use of health services that can prevent and treat diseases that affect health. Other rights that must be fulfilled by the state regarding the right to social and cultural affairs are the right to information, the right to privacy, and the right to work. The right to information about the Covid-19 outbreak is needed by the community, because in Article 19 paragraph (2) of the International Covenant on Civil and Political Rights (ICCPR) (Human Rights Instruments, 2022) and Paragraph 18 General Comment No. 34 of Article 19 of the ICCPR, states are obliged to guarantee the right of everyone to seek and receive information, including information held by public bodies. The government has the obligation to determine and announce the type and distribution of diseases that are potentially infectious and/or spread in a short time, as well as to mention areas that can be a source of transmission (Amnesty.id, 2020). In addition, the point of view of policy makers must consider that health is a major need and a valuable investment in carrying out development, so that the allocation of health funds is still relatively low and there is no adequate budget effort in the event of a pandemic, so it needs to be increased in the Budget Current State Expenditure Revenue (Suparman, 2021). For this reason, it is necessary to see health issues as a major factor and a valuable investment whose implementation is based on a new paradigm commonly known as the healthy paradigm. This healthy paradigm is needed as a preventive and promotive effort and its implementation with health-oriented laws as an effort to protect against the impact of the spread of Covid-19 or other infectious diseases.

Government Authority in Environmental Health Post Covid-19 Pandemic

The authority possessed by the government in making policies in the field of environmental health after the Covid-19 pandemic is of course related to human rights. The government’s policy in the form of protection and fulfillment of human rights related to the right to environmental health after the Covid-19 pandemic is for the survival of the Indonesian people. As part of the world community (Bainus & Rachman, 2018), and as regulated in human rights documents as described in the analysis above, namely both the UN convention and the 1945 Constitution, Indonesia is also obliged to prevent the occurrence of public health emergencies in the form of the disturbing Covid-19 pandemic (Telaumbanua, 2020). In carrying out its obligations, the Indonesian government must fully respect dignity, human rights, the basic freedoms of a person, and their universal application. Several state obligations as stated by the Non-Governmental Organization in Indonesia, namely Ecosoc Rights in its facebook account stated (Ecosoc Rights, 2021):

1. Take steps to prevent, control and control the disease.
2. Create a prevention program with education/counseling for behavior related to health.
3. Ensure the availability of health services and health care.
4. Guarantee the right to obtain information and provide information about health issues and ensure the confidentiality of patient’s personal data.
5. Establish a system of health care and humanitarian assistance in emergency situations.
6. Prevent discrimination by allocating resources for basic and preventive health care that is useful to the majority of the population.
7. Create a low-cost health care program to protect the poor.
8. Increase public participation in prevention, response and in political decision-making at the community and state levels.
9. Carry out disease control that is carried out alone/with other countries to provide technology, data collection, implementation and expansion of immunization programs and other strategies related to COVID-19 control.
10. Ensure the fulfillment of other rights that have an impact on the fulfillment of the right to health, including food, employment, access to information, and expressing opinions.

In addition, to protect public health from infectious diseases and/or public health risk factors that have the potential to cause public health emergencies, it is necessary to carry out health quarantine as stipulated in Law Number 6 of 2018 concerning Health Quarantine. It was said that, “as part of the world community, Indonesia is also obliged to prevent the occurrence of public health emergencies that are troubling the world (Public  Health Emergency of International Concern as mandated in international regulations in the health sector (International Health Regulations/IHR 2005). In carrying out this mandate, Indonesia must fully respect dignity, human rights, the basic freedoms of a person, and their universal application” (Law Number 6 of 2018). Through Law Number 6 of 2018 concerning Health Quarantine, the state guarantees equal treatment for every component of the nation and all citizens in implementing health quarantine (Mahmud, et al., 2020). The state in this case the government provides basic health in accordance with health needs, food needs, and other daily life needs if the government imposes a health quarantine by imposing social restrictions (lockdown) (Shah, et al., 2020). This means that the state is obliged to use resources optimally to meet the minimum needs of citizens. Health requirements for food media at least consist of food in a protected condition and processing, storage, and presentation comply with hygienic principles. The Covid-19 outbreak also threatens the right to privacy, the government must be able to provide correct information that does not spread hoax information. Furthermore, regarding the right to work as part of the Ecosoc rights, it is a right that must be fulfilled with the implementation of social restrictions (lockdown) (Shah, et al., 2020). The same applies to policies regarding social distancing (Putri & Fahrudin, 2021), working from home, workers in the formal to informal sectors, from home industry workers and micro, small and medium enterprises, to casual daily workers. as well as other low-income workers are vulnerable to the risk of wage cuts, denial of leave rights, being laid off without pay, to termination of employment (Amnesty.id, 2022). In the context of social restrictions in the workplace, ensuring the workplace is in accordance with health standards during the Covid-19 pandemic by reducing the number of workers who do not cause large crowds. Keeping a distance at work is one of the efforts to ensure that the workplace is healthy during the current Covid-19 pandemic. Therefore, reducing crowds at work with some workers working from home (work from home) (Putri & Fahrudin, 2021) as an effort to ensure that the workplace environment meets health standards during the COVID-19 pandemic. In addition to the problem of the workplace, there is also the issue of environmental health quality standards (European Commission, 2015), and health requirements for air media, consisting of quality standards and air health requirements in the workspace and the ambient air space threshold that allows humans to obtain health (Purba, 2020). The requirements for indoor air health where humans work directly consist of the indoor air temperature equal to the outdoor air temperature, and indoor air protected from exposure to smoke in the form of cigarette smoke, kitchen smoke, and smoke from other moving sources (Yamin, 2021). Ambient air health requirements that directly affect humans are in the form of the human body’s tolerance limit for ambient air quality that is not contaminated with pollutant substances. Likewise, water health requirements for hygiene and sanitation purposes with water quality standards consist of water that is protected from sources of pollution, disease-carrying animals, and vector breeding sites and safe from possible contamination. Water quality standards for hygiene and sanitation purposes consist of physical, biological, chemical, and radioactive elements (Yamin, 2021). In matters relating to other environmental elements and as an additional thing that needs to be considered, namely other environmental aspects, namely the problem of land or burial grounds for the bodies of Covid-19 victims by using a funeral protocol, the land or land receives extra material due to the coffin (Haharap, 2020), plastic wrapping of the corpse, other equipment and certain other chemical substances that will cause additional burden on soil, water and air pollution. The need to limit certain habits that can usually be done freely such as bathing the body at home and touching the coffin can interfere with the coping mechanisms of relatives and friends of the deceased (Hayakawa, et-al., 2021). In managing the bodies of COVID-19 patients, it is necessary to ensure that health workers, morgues and funeral teams must apply the standard of vigilance (WHO Interm Guidance, 2020). The government’s authority in terms of handling the bodies of suspected COVID-19, as stated in Minister of Health’s decision No. HK.01.07/MENKES/413/2020. Another additional burden for the environment is the application of health protocols which are standard standards in protecting the dangers of the Covid-19 pandemic, such as washing hands with soap and also public understanding to sterilize housing environments, shops, other public facilities by using disinfectants, antibiotic ingredients. burden of environmental pollution of soil and air and water (Kurniawan, 2021). Likewise, as an effort to anticipate the increasingly widespread spread of Covid-19, namely through vaccination and in carrying out vaccinations, the government needs to be careful not to be careless so that it actually harms and violates the right to health of the people. The government must ensure that the vaccines to be used are safe, scientifically tested and effective in preventing Covid-19 (Kurniawan, 2021). In the context of public health sustainability, there is a need for mass vaccination, the government then issues basic regulations related to the vaccination that need to be followed by local governments. The regulation in question is Presidential Regulation of the Republic of Indonesia Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the Corona Virus Disease 2019 (Covid-19) Pandemic. The regulation was later amended by Presidential Regulation of the Republic of Indonesia Number 33 of 2022 concerning the Third Amendment to Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the Corona Virus Disease 2019 (Covid-19) Pandemic. In the context of overcoming the COVID-19 outbreak/pandemic and maintaining public health, it is necessary to accelerate and ensure the procurement of the COVID-19 Vaccine and the implementation of the COVID-19 Vaccination in accordance with the availability and needs set by the Government. Vaccination must be supported by strong resources, clear and non-overlapping regulations, good coordination and communication between the Central Government and Local Governments, sources of funds for free mass vaccination policies, facilities and infrastructure that support optimal vaccine supply management starting from the production process, distribution to the process of injecting vaccines into the community (Gandryani & Hadi, 2021). To ensure accountability for the implementation of vaccination, it is necessary to supervise mass vaccination in all regions for the provision of vaccines, vaccine quality, use of budgets, and supervision of health risks caused by vaccine administration. This is because the effect of the vaccine that may be felt by each person is different (Yuningsih, 2020). Therefore, the use of environmental resources that are harmonious, harmonious and balanced for the environment becomes the standard in matters of environmental health and sustainability of environmental resources. The obligation of the state to meet the minimum needs of every citizen of the community. The allocation of the State Budget must also guarantee the fulfillment of the rights of the people. The state must set aside budget allocations for other purposes other than meeting the minimum needs of citizens due to the Covid-19 pandemic (Gandryani & Hadi, 2021). The government’s policy in terms of public rights through stopping the spread of Covid-19 related to the state budget provided is Government Regulation in Lieu of Law Number 1 of 2020 concerning Government Regulation in Lieu of Law on State Financial Policy and Financial System Stability for Handling the Corona Virus Disease Pandemic 2019 (COVID-19) and/or in the Context of Facing Threats That Endanger the National Economy and/or Financial System Stability. This Government Regulation in Lieu of Law was later stipulated through Law no. 2 of 2020 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the 2019 Corona Virus Disease (Covid-19) Pandemic and/or In Facing Threats That Endanger the National Economy and/or Stability Financial System Becomes Law. This includes the state budget to provide free oxygen for Covid-19 patients. If the state budget is insufficient for handling the pandemic, including meeting the minimum needs of citizens, the state has the obligation to ask for international assistance (Ecosoc Rights, 2021). The central government, local governments and communities ensure the availability of a healthy environment and does not pose a bad risk to environmental health. The healthy environment in question includes residential areas, workplaces, recreation areas, as well as public places and facilities (Masrudi, et al., 2016). In matters of public health, the government is obliged to ensure that its citizens do not get sick and is also obliged to fulfill the rights of its people to a healthy life and the implementation of conditions that determine people’s health. Likewise, hospitals do not refuse patients who have been exposed to COVID-19 (Widodo, et-al., 2022), because hospitals are the first place for patients who are sick to be able to recover and obtain health. In addition to providing medical care, already stretched health care providers have an important role in monitoring psychosocial needs and delivering psychosocial support to their patients, health care providers, and the public — activities that should be integrated into general pandemic health care (Betty, et al., 2020). All legal policies chosen by the government are of course aimed at the continuation of the environment and people’s lives, especially in the health sector after the Covid-19 pandemic. In this epidemic, the health and safety of the community is seriously threatened so that the government must be very careful to take any action so as not to impact on the community’s losses (Nurhalimah, 2020). The authorities and policies taken by the government and local governments as stipulated in the laws and regulations governing environmental health in relation to the Covid-19 pandemic need to be enforced. Enforcement of the law is an effort to realize the preservation of environmental functions that meet environmental health quality standards, both for residential areas, workplaces, recreation areas and public places and facilities in the future. Likewise, the imposition of sanctions, both criminal sanctions and administrative sanctions, is a form of repression carried out by the government if the laws and regulations are violated. Of course, good law enforcement (Ansori, 2017) will be imposed on anyone who is deemed to have violated the laws and regulations relating to environmental health.

CONCLUSION

The study concluded that environmental health is an environmental condition that is able to support a dynamic ecological balance between humans and their environment to support the achievement of a good and healthy quality of human life. Prevention of disease and/or health problems from environmental risk factors is to realize a healthy and good quality of the environment, from the physical, chemical, biological, and social aspects due to the Covid-19 pandemic. Thus, environmental health law is a government policy in the environmental field, with maintenance, conditions of water, soil, and air by preventing noise, which aims to harmonize human actions to realize a healthy environmental quality, both from the physical, chemical, biological, and environmental aspects. social welfare, which enables everyone to achieve the highest degree of health. The embodiment of environmental health during the Covid-19 pandemic is the right to public health that must be fulfilled and protected. The government’s policy measures so far have not fully fulfilled the rights of the community, especially the right to health related to the environment after the Covid-19 pandemic. Laws and international conventions related to the right to public health related to the environment actually already exist, but the policies taken by the government in handling the Covid-19 pandemic related to the right to health have not been able to protect the environment as a result of the Covid-19 pandemic. The state budget for economic recovery and health care after the Covid-19 pandemic is also not adequately available, and so far the government has not taken any action to restore the economy and health care needed by the community after the Covid-19 pandemic. As a final analysis, it is suggested that the policy regarding the Covid-19 pandemic is not only a matter of fulfilling the right to health which is included as a social, economic and cultural right (Ecosoc), but also needs to improve and preserve environmental conditions, because public health is closely related with environmental problems. Therefore, environmental health law examines government policy issues regarding healthy and good environmental conditions where humans are one of the dominant components of the environment. The condition of the Covid-19 pandemic is related to the damage to the universe caused by human behavior.

REFERENCES 

1. id. 2020, October 17. Covid-19 dan Hak Asasi Manusia. Retrieved from: https://www.amnesty.id/covid-19-dan-hak-asasi-manusia/
2. Ansori, Lutfil. 2017. Reformasi Penegakan Hukum Perspektif Hukum Progresif. Jurnal Yuridis, 4(2). http://dx.doi.org/10.35586/.v4i2.244
3. Ariani, Rizka., & Riza, Fetra Venny. 2019. Peningkatan Derajat Kesehatan Melalui Sosialisasi Perilaku Hidup Bersih Dan Sehat Sejak Dini. Proseding Seminar Nasional Kewirausahaan, 1(1).  https://doi.org/10.30596/snk.v1i1.3634
4. Bainus, Arry., & Rachman, Junita Budi. 2018. Kepentingan Nasional Dalam Hubungan Internasional. Intermestic: Journal of International Studies, 2(2). 24198/intermestic.v2n2.1
5. Bali-idntime.com. 2022, October 10. Asal Muasal Dan Perjalanan Virus Corona Dari Wuhan Ke Seluruh Dunia. Retrieved from: https://bali.idntimes.com/health/medical/denny-adhietya/asal-muasal-dan-perjalanan-virus-corona-dari-wuhan-ke-seluruh-dunia-regional-bali/2
6. Bhimraj, Adarsh et-al. 2020. Infectious Diseases Society of America Guidelines on The Treatment and Management of Patients With Coronavirus Disease 2019 (COVID-19). Journal of Clinical Infectious Diseases, Published 27 April. https://doi.org/10.1093/cid/ciaa478
7. Buku Saku. 2019. Hak Atas Kesehatan, Lembaga Bantuan Hukum Masyarakat.
8. Ciotti, Marco et al. 2020. The covid-19 pandemic. Critical Reviews In Clinical Laboratory Sciences, 57(6). https://doi.org/10.1080/10408363.2020.1783198
9. Core Instrument Universal Instrument. 2020, August 2. Instruments mechanisms/instruments/international covenant economic social and cultural rights. Retrieved from: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
10. Darmawan, Karina Fitri. 2022. Environmental Rights Versus the Right to Development as Human Rights: Between Conflict and Balance. Jurnal Poros Hukum Padjadjaran, 3(2). https://doi.org/10.23920/Jphp.V3i2.685
11. Donaldson, E. F., Graham, R. L., & Baric, R. S. 2013. A Decade After SARS: Strategies For Controlling Emerging Coronaviruses Nature Reviews Microbiology, 11(12).
12. Ecosoc Rights Facebook Account. 2021, July 20.
13. El Zolawaty, Mohamed et-al. 2020. Environmental Impact of The Covid-19 Pandemic –A Lesson For The Future. Infection Ecology & Epidemiology, 10(1). https://Doi.Org/10.1080/20008686.2020.1768023
14. European Commision. 2015. Development of The First Watch List Under The Environmental Quality Standards. Luxembourg Publications Office of the European Union, 2788/101376
15. com. 2020, October 13. Pandemi Corona Disebut Berasal Dari Kerusakan Lingkungan Akibat Ulah Manusia. Retrieved from: https://galamedia.pikiran-rakyat.com/news/pr-35573618/pandemi-corona-disebut-berasal-dari-kerusakan-lingkungan-akibat-ulah-manusia.
16. Gandryani, Farina., & Hadi, Fikri. 2021. The Vaccination Of Covid-19 In Indonesia: Citizen Right Or Citizen Duty, Jurnal Rechtsvinding, 10(1). http://dx.doi.org/10.33331/Rechtsvinding.V10i1.622
17. Giorgetta, S. 2002. The Right to A Healthy Environment, Human Rights and Sustainable Development. International Environmental Agreements: Politics, Law and Economics https://doi.org/10.1023/A:1020938009559
18. Hadjon, Philipus. M., & Djamiati, Tatiek Sri. 2005. Argumentasi Hukum, Yogyakarta Gadjah Mada Unversity Press.
19. Haharap, Ida Lestari. 2020. Pencegahan Dan Pengendalian Infeksi Pada Jenazah Pasien Covid-19. Jurnal Kedokteran, 9(3). https://doi.org/10.29303/Jku.V9i3.428
20. Koesnadi. 2002. Hukum tata lingkungan. Yogyakarta Gadjah Mada University Press.
21. Hayakawa, Narumi et-al. 2021. Tinjauan Etika Protokol Pemakaman Jenazah Pasien Terduga Covid-19. Jurnal Etika Kedokteran Indonesia, 5(2). 26880/jeki.v5i2.62.
22. Human Rights Instruments. 2022, September 1. International Covenant On Civil And Political Rights. Retrieved from: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
23. Irawan, Ananng Dony., Kaharuddin, P.S., & Pratama, Aldiansyah. 2021. Perlindungan Hak Asasi Manusia Pada Masa Pandemi Covid-19. Jurnal Citizenship Vertues, 1(1). https://doi.org/10.37640/jcv.v1i1.902
24. Knox, John. H., 2020, February 21. Constructing The Human Right To A Healthy Environment Annual Review Of Law And Social Science, Forthcoming. Wake Forest Univ. Legal Studies Paper, available at SSRN https://ssrn.com/abstract=3542591
25. Komite Hak Ekonomi, Sosial, dan Budaya. 2000, August 11. Komentar Umum Nomor 14: Hak Atas Standar Kesehatan Tertinggi Yang Dapat Dicapai, E/C.12/2000/4.
26. Kurniawan, Muhammad Beni. 2021. Politik Hukum Pemerintah Dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi Atas Kesehatan. Jurnal HAM, 12(1). 30641/ham.2021.12.37-56
27. Lai, C.C., Shih, T.P., Ko, W. C., Tang, H.J., Hsueh, P.R. 2020. Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-Cov-2) And Coronavirus Disease-2019 (COVID-19): The Epidemic And The Challenges. Int J Antimicrob Agents, 55(3). 1016/j.ijantimicag.2020.105924
28. Leckie, Scott., & Gallanger, Anne. 2006. Economic, Social And Cultural Rights: A Legal Resource Guide. University of Pennsylvania Press.
29. Livesley, S. J., McPherson, E. G., & Calfapietra, C. 2016, January 1. The Urban Forest And Ecosystem Services: Impacts On Urban Water, Heat, And Pollution Cycles At The Tree, Street, And City Scale. https://doi.org/10.2134/jeq2015.11.0567
30. Listyani, Nurul. 2017. Impact Of Mining On Life Environment In South Kalimantam And Implication For Rights Of Citizens. Jurnal, Al’Adl, IX(1). 31602/al-adl.v9i1.803
31. Mahmud, Ade et al. 2020. Model Karantina Kesehatan Berdasarkan Hukum Positif Dan Fiqh Maslahat Untuk Memutus Rantai Penularan Virus Corona. Jurnal Wawasan Yuridika, 4(2). 25072/jwy.v4i2.366
32. Maskawati et al. 2018. Hukum Kesehatan: Dimensi Etis Dan Yuridis Tanggungjawab Pelayanan Kesehatan. Yogyakarta Litera.
33. Masrudi, Muchtar et al. 2016. Hukum Kesehatan Lingkungan (Kajian Teoritis dan Perkembangan Pemikiran). Yogyakarta Pustaka Baru.
34. Nurhalimah, 2020. Covid-19 dan Hak Atas Kesehatan Masyarakat. Jurnal Salam, Sosial dan dan Budaya Syari, 7(6). 15408/sjsbs.v7i6.15324
35. 2021. United Nations Human Rights. Reporting Under The International Covenant On Civil And Political Rights Training Guide. United Nations Publications. issued by the Office of the United Nations High Commissioner for Human Rights.
36. Pfefferbaum, Betty., & North, Carol. S. 2020, April 13. Mental Health And The Covid-19 Pandemic, The New England Journal and Medicine.
37. Piechowiak, Marek. 2000. The Concept of Human Rights and Their Extra-Legal Justification. in the book An Introduction to the International Protection of Human Rights, Turku/Abo. Finlandia Institute for Human Rights Abo Academy of University.
38. Pradana, Anung Ahadi., Casman., & Nur’aini. 2020. Pengaruh Kebijakan Social Distancing Pada Wabah Covid-19 Terhadap Kelompok Rentan Di Indonesia. The Effect of Social Distancing Policy On The Covid-19 Outbreak Against Vulnerable Groups In Indonesia. Jurnal Kebijakan Kesehatan Indonesia, 09(02). 22146/Jkki.55575
39. Purba, Annisa Aprilia. 2020. Urgensi Pengetatan Baku Mutu Udara Ambien Indonesia (Studi Kasus Gugatan Pemulihan Udara DKI Jakarta). Padjadjaran Law Review, 8(1).
40. Putri, Sukma Ari Ragil., & Fahrudin, Ahmad. 2021. Polemik Work From Home (WFH) Bagi Perempuan Bekerja Di Tengah Digitalisasi Teknologi Dan Pandemi. Martabat: Jurnal Perempuan dan Anak, 5(2). doi.org/1021274/martabat.2021.5.2.377-399
41. Rangkuti, Siti Sundari. 1996. Hukum Lingkungan Dan Kebijakan Lingkungan Nasional. Surabaya Airlangga University Press.
42. Republic of Indonesia, 1945 Constitution.
43. Republic of Indonesia. 1984. Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases
44. Republic of Indonesia. 2009. Law No. 32 of 2009 concerning Environmental Protection and Management.
45. Republic of Indonesia. 2009. Law No. 36 of 2009 on Health
46. Republic of Indonesia. 2018. Law No. 6 of 2018 concerning Health Quarantine
47. Republic of Indonesia. 2020. Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the Corona Virus Disease 2019 (COVID-19) Pandemic and/or in Facing Threats That Endanger the National Economy and/or Financial System Stability.
48. Republic of Indonesia. 2020. Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (Covid-19) Pandemic.
49. Republic of Indonesia. 2022. Presidential Regulation Number 33 of 2022 concerning the Third Amendment to Presidential Regulation Number 99 of 2020 concerning Procurement of Vaccines and Implementation of Vaccinations in the Context of Combating the Corona Virus Disease 2019 (Covid-19) Pandemic.
50. Rodríguez-Garavito. César. 2017, March 1. A Human Right To A Healthy Environment? Moral, Legal And Empirical Considerations In John H. Knox & Ramin Pejan, Eds. The Human Right To A Healthy Environment. Cambridge University Press, Forthcoming. https://ssrn.com/abstract=2955357. http://dx.doi.org/10.2139/ssrn.2955357
51. Shah, Jay Narayan et al. 2020. Quarantine, Isolation And Lockdown: In Context Of Covid-19. Journal of Patan Academy of Health Sciences, 7(1). https://doi.org/10.3126/jpahs.v7i1.28863
52. Sethi, Bilal Ahmed et al. 2020. Impact of Coronavirus Disease (COVID-19) Pandemic on Health Professionals. Pakistan Journal Medicine Science, 36(COVID19-S4). https://doi.org/10.12669/pjms.36.COVID19-S4.2779
53. Setyawan, Dwi Agus. 2020. Pandemi Covid-19 Dalam Perspektif Demografi. The Pandemic Of Covid-19 In Demographic Perspective. Seminar Nasional Official Statistics, 2020(1). https://Doi.Org/10.34123/Semnasoffstat.V2020i1.716
54. 2007. Penegakan Hukum Lingkungan Tinjauan Atas Undang-Undang Nomor 23 Tahun 1997. Jakarta Djambatan.
55. 2019. Gagasan Kedaulatan Lingkungan Dalam Konstitusi Dan Implementasinya Dalam Pelestarian Lingkungan Hidup. Jurnal Masalah-Masalah Hukum, 48(3). 10.14710/Mmh.48.3.2019.294-305
56. Suparman, Nanang. 2021. Dampak Pandemi Covid-19 Terhadap Pengelolaan Keuangan Negara. Indonesian Treasury Review, Jurnal Perbendaharaan, Keuangan Negara Dan Kebijakan Publik, 6(1). https://Doi.Org/10.33105/Itrev.V6i1.261
57. , & Arda, Darmi. 2021. Pemberdayaan Masyarakat Melalui Penyuluhan Perilaku Hidup Bersih Dan Sehat Meningkatkan Derajat Kesehatan Masyarakat. Journal Of Community Health Service, 1(2). https://doi.org/10.25311/jpkk.Vol1.Iss2.957
58. Susanto, Mei., & Asmara, Teguh Tresna Puja. 2020. Ekonomi Versus Hak Asasi Manusia Dalam Penanganan Covid-19: Dikonomi Atau Harmoni. Jurnal HAM, 11(2). 30641/ham.2020.11.301-317
59. Telaumbanua, Dalinama. 2020. Tinjauan Yuridis Penetapan Kedaruratan Kesehatan Masyarakat Akibat Covid-19. Journal of Education And Development, 8(2). https://Doi.Org/10.37081/Ed.V8i2.1659
60. org. 2022, August 20. Universal Declaration of Human Rights. Retrieved from: https://www.un.org/en/about-us/universal-declaration-of-human-rights
61. ac.id. 2021, February 19. Dampak Lingkungan Covid-19. Retrieved from: https://news.unika.ac.id/2020/11/dampak-lingkungan-covid-19/
62. Usman, Abdurrahman Supardi. 2018. Lingkungan Hidup Sebagai Subjek Hukum: Redefinisi Relasi Hak Asasi Manusia Dan Hak Asasi Lingkungan Hidup Dalam Perspektif Negara Hukum. Legality, 26 (1).
63. WHO Interm Guidance. 2020. Infection prevention and control for the safe management of a dead body in the context of covid-19. Journal of Hospital Infection, 104(3). https://doi.org/10.1016/j.jhin.2020.01.022
64. Widodo, Aristia Pradita Widasari et al, 2022. Penolakan Pasien Non Covid Oleh Rumah Sakit Di Masa Pandemi Covid-19. Humantech, Jurnal Ilmiah Multi Disiplin Indonesia, 2(1), 156- 162. https://journal.ikopin.ac.id/index.php/humantech/article/view/1078
65. org. 2022, August 30. Internasional Covenant On Economic Social And Cultural Rights. Retrieved from: https://en.wikipedia.org/wiki/International_Covenant_on_Economic,_Social_and_Cultural_Rights
66. Yamin, 2021. Analisis Yuridis Tindak Pidana Pencemaran Baku Mutu Udara Dan Baku Mutu Air Laut Menurut Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup. National Journal Law, 4(1). http://dx.doi.org/10.47313/Nlj.V4i1.1118
67. Yuningsih, Rahmi. 2020. Uji Klinik Coronavac Dan Rencana Vaksinasi Covid-19 Massal Di Indonesia. Puslit BKD DPR RI, .XII(16).