ANALISA KEBIJAKAN PPKM DALAM UPAYA PENANGGULANGAN COVID 19 DITINJAU DARI SISTEM HUKUM DI INDONESIA (DALAM PERSPEKTIF SIYASAH TASYRI’IYYAH)

Coronavirus Disease 19 ( COVID-19) is a deadly virus that spread so fast, and threatens public health globally. In March 2021 the World Health Organization (WHO) determined the COVID-19 outbreak as a global pandemic problem, this made every country has an obligation to handle and prevent it. In Indonesia as a state of the law in handling the COVID-19 outbreak using legal instruments issued by the government, one of which is the public activity restrictions ( PPKM). The policy is considered to be more effective than other policies, however, in the implementation of the policy it is appropriate to comply with the applicable laws and regulations. The PPKM policy is a policy that does not has a clear legal position, because in the phrase the application of PPKM for epidemic control is not stated in Law No. 6 of 2018 concerning Health Quarantine, as well as other laws that are higher above it. The formulation of the problem to be analyzed is how the legal position of PPKM in the legal system in Indonesia and how the views of the principle of Siyasah Tasyri' iyyah on the relevance of PPKM policies. In conducting this research, the author uses qualitative research methods or literature (library research) one of the studies that obtains data based on books, archives, journals, Al-Quran, laws, manuscripts, documents and other scientific works related to discussion and research. While the research conducted is descriptive analysis, namely research by collecting data and then describing, clarifying and analyzing problems related to the problems to be studied comprehensively. The results of this study conclude that the public activity restrictions (PPKM) is basically a good policy, both formally and materially because it is contrary to the laws and regulations in Indonesia, namely Law Number 12 of 2011 concerning laws and regulations. And based on the analysis of the concept of Siyasah Tasyri’iyyah,, the Implementation of public activity restrictions (PPKM) is a policy that deviates from the principle of tasyri' which is used to make laws in the Islamic legal system. The PPKM policy seems to be a policy that is forced to avoid a wider policy, namely Law Number 6 of 2016 concerning Health Quarantine so that the tasyri’ principle cannot be applied comprehensively in its implementation policy