The Legal Is Not Certainly Good: Questioning The Entry Of Chinese TKA And The Rules That Legalize Them

Illustrated photo (Irfan Meidianto / VOI)

JAKARTA - Around 20 foreign nationals (WNA) from China were monitored entering Indonesia during the Emergency PPKM. Coordinating Minister for Maritime Affairs Luhut Binsar explained that the travel of foreigners was legal. Luhut is right about legality. But is everything that is legal is definitely good and in harmony with the interests of society?

Luhut said the government could not prohibit all foreigners from entering Indonesia. Luhut pointed to other countries, which he said were also doing the same thing. There is nothing strange, said Luhut while asking other people not to talk about this problem.

"Actually, there's nothing strange. If someone talks nonsense, doesn't understand the problem, don't be too quick to talk. We have to treat it the same as what the other world does, that's what we have to do. We have to do that. I want to. I can't do that," said Luhut in a virtual press conference, Tuesday, July 6.

Luhut said that the foreigner's travel scheme has been regulated in the SE Task Force Addendum Number 8 of 2021. In the addendum, the government details the rules and requirements for traveling for Indonesian citizens and foreigners from abroad to Indonesia. What are the contents of the SE Task Force 8/2021 Addendum?

Luhut, who led the Emergency PPKM implementation, also explained that foreigners entered through the Travel Corridor Arrangement (TCA) scheme. TCA is a scheme under the bilateral umbrella that allows citizens to travel from one country to another in special situations, in this context of a pandemic.

About the Task Force and TCA Addendum

Photo illustration (Source: Antara)

In the BERNAS article entitled Luhut Says the Entry of Chinese Foreigners is Legal According to the Addendum of the Task Force and TCA, what is the content of the regulation? the full contents of the said addendum have been described. The article also mentions a brief explanation and basic principles of TCA.

Basically, the SE Task Force 8/2021 Addendum was issued as an adaptation of foreign travel policies in line with the increasing spread of the new variant of the corona virus - Alpha, Beta, Delta, and Gamma - in the country. This addendum was signed on Sunday, July 4th and is effective as of Tuesday, July 6th.

Head of the Task Force for Handling COVID-19 Ganip Warsito said the Addendum of Task Force 8/2021 was proof of the government's quick response to protect the public from imported cases. This addendum contains several changes in line with the implementation of the Emergency PPKM policy.

The most basic is the addition of the quarantine period for international travelers, from 5x24 hours to 8x24 hours. Quoted from the official website of the Cabinet Secretariat (Setkab), Addendum 8/2021 also requires travelers to bring along a vaccination certificate.

Then, TCA is a special scheme that regulates travel between citizens via diplomacy. TCA is designed for the essential needs of business travel. So far, Indonesia has agreed on TCA with four countries, namely South Korea, Singapore, United Arab Emirates, and China.

"TCA is called essential travel. Those who make business visits, investment, trade, and others are called essential travel. Travel is given a special kind of regulation," said Foreign Ministry Spokesman Teuku Faizasyah to VOI, Wednesday, July 7.

Spokesman for the Ministry of Foreign Affairs Teuku Fazasyah (Source: Wikimedia Commons)

Although it has been agreed, Teuku said that there are no detailed rules in the TCA that have been enforced. Currently, Indonesia and the four countries are still observing the development of COVID-19 in their respective countries. "Indeed there are no further arrangements."

"But of course the four countries are observing the development of COVID-19 in their respective countries and they are implementing visitation restrictions if we look closely. But the essence of the TCA itself has not been determined. Yes. It's just that the arrangements adjust the provisions in the circular."

"The provisions in the circular are of course a concern. But with the travel corridor, at least there is a separate arrangement on how we facilitate visits in terms of business and investment, etc.

Still referring to Teuku's statement, the government did not set a time limit in the TCA agreement with the four countries above. In other words, we must be prepared for the arrival of other foreigners in the future, including in the midst of these Emergency PPKM restrictions.

"No, yes (time limit). But this has not been implemented with Singapore either. It has been agreed but has not been implemented. You can imagine this is like a travel bubble, yes."

Legal is not necessarily good

A public policy observer from Trisakti University, Trubus Rahadiansyah, said that the government missed the ethical context in its decision to open the country's entrance for foreigners. Legal, indeed. But not necessarily good and in harmony with the interests of society.

"That's right. (Policies) can be legal. Does that mean they are not in the public interest? This can be explained that the government has overlooked ethical issues," Trubus told VOI, Wednesday, July 7.

Public policy ideally prioritizes what is in the public interest. From there, the draft legality of the policy was drawn up. Not the other way around: forcing people to understand and accept policies that are against the public interest.

"In the legal context, we will talk about right and wrong. Now, if it is ethics, we will talk about whether it is good or not," he added.

Indeed, public policy should not discriminate against foreigners either. But there are special situations where the government needs to make certain priorities. Including at this time when COVID-19 cases -- including by a number of new variants, including Delta -- are high.

"The government must protect the Indonesian people from imported cases. That was first. The potential for harm will always be there," Griffith University epidemiologist told VOI, Wednesday, July 7.

"Import cases with the Delta variant or other variants that can aggravate the situation in the country. Yes, if it's not critical, it doesn't demand to be closed, yes," added Dicky.

Dicky also criticized the provisions in the Addendum of Task Force 8/2021 which regulates quarantine for only 8x24 hours. That's far from ideal. Let alone eight days. 14 days as the standard for the COVID-19 quarantine, which is the world's benchmark, is not enough in today's critical context in Indonesia.

"Then also when we apply the entrance to be opened with stricter criteria, the standard is like it or not, not just 14 days but 14 plus seven days for those who are positive for PCR," said Dicky.

And the vaccination certification which is also a requirement in the Addendum of Task Force 8/2021 according to Dicky must be made specific. The vaccine must be of a specific brand that is proven effective against Delta and other newer variants.

"The vaccination must be certain, including mRNA, Johnson n Johnson or Astrazeneca. But with other vaccines it must be 14 days even though the PCR is negative, plus if the PCR is positive, especially with the Delta variant, it must be 21 days. That's the protocol," said Dicky.

"Don't let us repeat the previous mistake that was only five days and it lasted months that we finally received the consequences as it is today," he added.

Furthermore, Dicky explained that there is a combination of four strategies that must be carried out to deal with the expansion of the spread of COVID-19 in the country. And limitation is one of them.

"You have to strengthen 3T. According to what is in PPKM, it's just a standard of 500 thousand per day. Strengthen vaccination at least 50 percent of the total population. Then restrictions," said Dicky.

"When we talk about restrictions, it can't only be inside but also the entrance to the country. So this is what we have to fix according to our conditions. Later, when the critical period ends, it can be arranged again."

*Read other information about COVID-19 or read other interesting articles from Diah Ayu Wardani and Yudhistira Mahabharata.

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