Legal Aspects on the Implementation of Criminal Sanctions in Regional Regulations to Enforce Health Protocols in the Era of Covid-19 Pandemic and Its Problems
- DOI
- 10.2991/assehr.k.210506.057How to use a DOI?
- Keywords
- legal aspect, criminal sanction, regional- regulation, covid-19
- Abstract
This study aims to determine and analyze the approach taken by some Indonesian provincial-level of governments to overcome the Covid-19 pandemic through the formation of regional regulations which incorporate and apply the form of criminal sanctions. This study uses a qualitative-juridical normative approach, which is categorized as library research. In the context of literature research, this study is carried out by collecting data from newspapers, laws, regulations, and various selected secondary materials through which an in-depth and comprehensive analysis is then employed. This study finds out that regional regulations in response to the Covid-19 pandemic, as delegated by higher regulations i.e., the laws, need to be optimized for their effectiveness. This simply means “optimizing the rules while at the same time avoiding the idea of any judicial review attempt from parties who think that there are problems with the regional regulation”. This study also points out that after the implementation of the so-called Large-Scale Social Restrictions (PSBB) for more than 6 months, only two provinces have local regulations to prevent and control the spreading of Covid-19, namely NTB and West Sumatra. However, the fact that DKI Jakarta as the center of government and Indonesia’s pivot of economy, still relies upon the Governor Regulation Number 88 of 2020 as a source of its local legitimate instrument to prevent, curb and control the pandemic. To complicate the matter, the already mentioned governor regulation also arranges criminal sanctions, especially fines for those who violate the provisions of the regulations. Whereas, legal-procedurally, there should be no criminal sanctions stipulated in any governor regulations. This research limits the scope of the study to the legal aspects on the implementation of criminal sanctions in the regional regulations to overcome the Covid-19 pandemic and its problems. Through this research, the authors want to contribute ideas to the government in demonstrating the presence of the state during the Covid-19 pandemic. Moreover, to prevent legal doubts in society, the regional government should immediately form regional regulation that includes criminal sanctions (both imprisonment and fines) with the adjustment to the aspirations of the community in the regions by respecting local wisdom and human rights.
- Copyright
- © 2021, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Suharyo Suharyo AU - Yuliyanto Yuliyanto AU - Farikhah Yuni Susilowati AU - Nevi Anggraeni Raharjo AU - Siswanto Budi Nugroho PY - 2021 DA - 2021/05/08 TI - Legal Aspects on the Implementation of Criminal Sanctions in Regional Regulations to Enforce Health Protocols in the Era of Covid-19 Pandemic and Its Problems BT - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020) PB - Atlantis Press SP - 432 EP - 443 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.210506.057 DO - 10.2991/assehr.k.210506.057 ID - Suharyo2021 ER -