Analysis of the Principles of Legal Fiction in the Regulations for Controlling the Spread of COVID-19 in Indonesia

COVID-19 pandemic that occurred in March 2020 had a wide impact in the world and in Indonesia. Indonesia implements the right strategy in overcoming the pandemic. Various policies have been issued by the Indonesian government, one of which is the Instruction of the Minister of Home Affairs Number 23 of 202. However, in the implementation in the field, people tend to be apathetic and do not know the rules or policies made by the Government to control the spread of COVID-19. This fact certainly contradicts the principle of legal fiction which states that everyone must understand the law or at least know that there is a law that governs it. The purpose of this study was to find out whether the Principles of Legal Fiction apply in the Instruction of the Minister of Home Affairs Number 23 of 2021 and provide a prescription for the problem in question. This research is a normative research using a legal approach. Based on Article 81 of Law Number 12 of 2011, the scope of the principle of legal fiction only applies to regulations promulgated. Thus the principle of legal fiction does not apply to the Instruction of the Minister of Home Affairs Number 23 of 2021 because it is not stated in a state document as stipulated in Article 81 of Law Number 12 of 2011. The consequence of the non-applicability of the principle of legal fiction is that the public must receive proper education and socialization. enough from state officials regarding regulations for handling COVID-19. In addition, violations of the provisions of the Instruction of the Minister of Home Affairs Number 23 of 2021 by the public do not automatically be subject to sanctions because of the non-applicability of the principle of legal fiction. To increase public knowledge in regulations related to handling COVID-19, 2 (two) efforts can be made, both from the government and from the community, namely publications by the government and active participation from the community to help disseminate regulations.