RESEARCH However, it became a problem when the Indonesian National Armed Forces was involved in the implementation of the PSBB in 4 provinces and 25 cities/regencies. According to Komnas HAM RI, the involvement is contradictory with its primary duties.139 According to Asfinawati from Yayasan Lembaga Bantuan Hukum Indonesia( YLBHI),140 the involvement of the TNI is very risky, considering its embedded impunity. The OHCHR guidelines also state that the military should not be involved in supervisory functions as the police are.141 If it is necessary for certain and particularly defined circumstances, the military’s involvement in law enforcement should be clearly time-limited. This means that Target 16.6 regarding the development of an accountable institution was not achieved. Along with that, Target 16.7 regarding participatory decision-making is also challenged, since the public’s right to information is being neglected. Furthermore, responsive and inclusive decision-making requires representative participation, which is possible by the availability of proper information, as a provision for the community to participate. Unfortunately, as noticed by Komnas HAM RI, citizens’ right to information has been neglected due to unsynchronized data between the central and the regional governments in Yogyakarta, Central Java, and West Java.142 The data quality is also doubtful, considering that they did include the PDP or ODP who died even though the PCR/swab test was not carried out.143 Narasi TV revealed that based on SILAPHAR data managed by the Ministry of Health there are differences between the data on COVID-19 patients who died and those that are published to the public (underreporting data).144 The discrepancies in mortality and the number of patients who confirmed positive with COVID-19 (underreported) affect the right to health, particularly the access to information, including the right to seek and receive or share information and ideas on health problems.145 Also, as stated in Article 19 Paragraph (2) of the ICCPR, “everyone should have the right to freedom of expression; including the freedom to seek, receive, and give various types of information and ideas.”146 139 Ibid., Tata Kelola Penanggulangan COVID-19 dalam Perspektif HAM (n.6), 122. 140 Mohammad Bernie, “Dwi Fungsi Saat Pandemi: Jokowi Melibatkan TNI untuk Tangani Corona”, Tirto. id, published on 13 August 2020, https://tirto.id/dwi-fungsi-saat-pandemi-jokowi-melibatkan-tni-untuktangani-corona-fXcx. 141 , “Emergency Measures and COVID-19: Guidance”, United Nations High Commissioner for Refugees published on 27 April 2020, https://www.ohchr.org/Documents/Events/EmergencyMeasures_COVID19. pdf. 142 Wayan Agus Purnomo, “Beda Irama Data Jakarta: Data COVID-19 Terus Simpang-Siur. Pemerintah Pusat pun tak Kompak”, Tempo.co, published on 18 April 2020, https://majalah.tempo.co/read/ nasional/160237/mengapa-data-korban-covid-19-pemerintah-pusat-dan-daerah-berbeda?hidden=login. 143 Ibid., Tata Kelola Penanggulangan COVID-19 dalam Perspektif HAM (n.6), 27. 144 See: “Kebocoran Data Kemenkes Ungkap Kejanggalan Angka Pandemi”, Narasi.tv, published on 7 January 2021, https://www.narasi.tv/buka-mata/kebocoran-data-kemenkes-ungkap-kejanggalan-angkapandemi. 145 “United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12)”, Office of the High Commissioner for Human Rights, published on 11 August 2020, https://www.refworld.org/docid/4538838d0.html. 146 “International Covenant on Civil and Political Rights, 1976”, Office of the High Commissioner for Human Rights, published on 23 March 1976, https://www.ohchr.org/en/professionalinterest/pages/ccpr. aspx. 32