Juridical Optics in the Formulation of Execution Application Form Act No. 6 of 2018
concerning Health Quarantine After the End of the Implementation of Large-Scale Social
Restrictions and the Imposition of New Normal and Safe Life Coordination Period 19 to
Achieve Criminal Justice for Every Indonesian Citizen
Arranged by :
Dr. Edi Ribut Harwanto, S.H., M.H.
Head of the Laboratory of Law Faculty, Muhamadiyah Metro University
Advocate-Lecturer in Economic Criminal and Intellectual Property Rights at the Law
Faculty of Muhammadiyah Metro University
Email : edi.rharwanto@yahoo.com
Abstract : World Health Organization (WHO) Director General of the World Health
Organization, Tedros Adhanom Ghebreyesus officially announced the Corona virus (Covid
19) as a pandemic on Wednesday, March 11, 2020, so the world community and countries of
the world were excited and asked to take steps prevention measures according to the health
protocol established by WHO. The WHO reason is that prevention needs to be carried out by
world countries, because the Corona Covid 19 Virus pandemic is an infectious disease that
spreads easily from human to human in various parts of the world. I do not know, from where
the source of this corona virus appears and infects and exposes the virus so that it becomes pandamic and kills many people in the countries of the world so quickly. Citing
Worldometers website data, Tuesday (2/6/2020), the number of confirmed cases of corona virus infection globally is 6,358,294 (6.36 million) cases. Meanwhile, the number of deaths recorded was 377,031 cases. While the number of patients recovered as many as 2,888,571 (2.89 million) people. The number of active cases is 3,092,692 (3.09 million) cases, with 3,039,290 (3.04 million) in mild conditions, and 53,402 in serious conditions. Furthermore,
the global tragedy to follow up and respond to the insistence of the WHO world health
organization, the Indonesian state took anticipatory steps with the congressional movement starting on April 13, 2020, through the President of the Republic of Indonesia Joko Widodo expressly announcing and establishing and stating that the Covid 19 Virus is as a non-
natural national disaster spreading Corona Virus Diseasses 2019 (Covid 19) as a national
disaster. In order to prevent the exposure or the strongest Covid 19 virus to the people of
Indonesia, the government issued Presidential Regulation No. 12 of 2020, and Government
Regulation No. 21 of 2020 concerning the implementation of the related large-scale Social Restrictions (hurud b), Article 49 Paragraph (3) and Article 59 of Law Law No. 6 of 2018 concerning Health Qulity. Indonesia did not want to bother, and asked WHO, the results of the Corona Covid 19 virus were accepted, but were more focused on handling the corona
virus in the country. Meanwhile, developed countries such as America, Britain, Australia,
opposed cool in an opinion war against China, which is associated with several countries
Corona Virus came and began to plague in Wuhan, China using the source of infectious
diseases through the bat virus. America, can receive that information, namely the President
of the United States Donald Trump, accepts anger and sulking, and even has evidence of the results of his intelligence reports related to it, the Corona virus is actually not a virus
transmitted from a bat virus to humans, but Donald Trump’s presumption , that’s the corona
virus, originating from chemical laboratories in Wuhan China, which leaked and infected
humans and eventually became a plague of infectious viruses throughout the world. Latest
information, Britain, Australia, America will file a claim for compensation to the Chinese state through a lawsuit to the International Criminal Court (ICC). Furthermore, to support the objectives of this study, the paradigm used in this study is the post-positivism paradigm.
The post-positivism paradigm wants to prove everything is based on reality (which can be
built based on experience, observation), the researcher is neutral towards the object of
research, even though the researcher holding this paradigm remains neutral towards the
object of research, but he wants to examine what actually happened from things the thing that seems certain. The post-positivism paradigm ontologically conceptualizes reality as it really is, but it is realized that there are actually many factors that influence that reality.
Consequently, ontologically the post-positivism paradigm conceptualizes the law as a set of
rules that apply in society whose behavior will be influenced by factors (economic, political,
cultural, etc.). Epistemologically, researchers sit themselves impersonal, separate from the
object of research. The researcher’s position on the object of research is neutral and
impartial.
Keywords : Formulation, Application, Execution, Health Outrageous Law, Covid Virus 19,
Criminal Sanctions, Large Scale Social Restrictions, New Normal
I. INTRUDUCTION
That, since the Director General of the World Health Organization (WHO) World Health Organization, Tedros Adhanom Ghebreyesus officially announced the Corona virus (Covid 19) as a pandemic on Wednesday, March 11, 2020, the world community and countries of the world were excited and asked to take preventive measures according
to the health protocol established by WHO. The WHO reason is that prevention needs to
be carried out by world countries, because the Corona Covid 19 Virus pandemic is an
infectious disease that spreads easily from human to human in various parts of the world.
I do not know, from where the source of this corona virus appears and infects and
exposes the virus so that it becomes pandamic and kills many people in the countries of
the world so quickly. Citing Worldometers website data, Tuesday (2/6/2020), the number
of confirmed cases of corona virus infection globally is 6,358,294 (6.36 million) cases.
Meanwhile, the number of deaths recorded was 377,031 cases. While the number of
patients recovered as many as 2,888,571 (2.89 million) people. The number of active
cases is 3,092,692 (3.09 million) cases, with 3,039,290 (3.04 million) in mild conditions,
and 53,402 in serious conditions. Furthermore, the global tragedy to follow up and
respond to the insistence of the WHO world health organization, the country of Indonesia
took anticipatory steps with the congressional movement starting on April 13, 2020,
through the president of the Republic of Indonesia Joko Widodo explicitly announced and established and stated that the Covid 19 Virus was a non-natural national disaster
spreading the Corona Virus Diseasses 2019 (Covid 19) as a national disaster. In order to
prevent the exposure or transmission of the Covid 19 virus to the people of Indonesia, the
government issued Presidential Decree No. 12 of 2020, and Government Regulation No.
21 of 2020 concerning the implementation of the Large-Scale Social Restrictions (PSBB)
that refer to technical implementation regulations as regulated in provisions of Article 15 Paragraph (2) hurud b, Article 49 Paragraph (3) and Article 59 of Law No. 6 of 2018
concerning Health Quarantine. Indonesia does not want to bother, and asks WHO, where
does the Corona Covid 19 Virus come from, but is more focused in handling the corona
virus in the country. Meanwhile, developed countries such as America, Britain, Australia,
are cool in the war of opinion against China, which is accused by some countries that the
Corona Virus came and began to plague starting from Wuhan, China through the source of infectious diseases through the bat animal virus. America, later did not receive that
information, that US President Donald Trump, was upset and sulky, and even had evidence from the results of his intelligence report that reported that the Corona virus was actually not from a virus transmitted from bats to humans, but a presumption Donald Trump, said that the corona virus originated from chemical laboratories in Wuhan, China, which leaked and infected humans and eventually became an epidemic of infectious viruses throughout the world. The latest information, Britain, Australia,
America will file a lawsuit for compensation to the Chinese state through a lawsuit to the
International Criminal Court (ICC). Then, what is the result of polemics and disputes between China and America and other countries, currently the global issue is still ongoing and has not yet reached a verdict in the jurisdiction, only limited to opinions and preparations for gathering evidence. Hope, the authors hope that the Corona Covid 19 Virus, which is said to have been the cause of the death of hundreds of thousands of the world’s population, is not a tool or a conspiracy of the global elite which is said to be widely voiced by youtubers, world nitizens, observers, and many observers and
intellectuals of the world. Regardless, the issues developed by the components of the
world community, the authors continue to give a positive appreciation and become the treasury of additional knowledge in the context of constructing the major premise of the
minor premise in a juridical optic in an ideal and neutral manner before reaching a thoughtful and complete conclusion from various scientific perspectives and empirical
facts. For example, even if that is true, that the global elite is behind all the hustle and bustle of the Corona Covi 19 virus, which has a vision and mission and specific goals relating to the domination of global economic problems, which are carried out in ways contrary to the laws and teachings Godhead, then at a certain time the writer is very confident that all the actions carried out by them, if it is true, will certainly be rewarded in accordance with the deeds. Let the experts in their field at the global level solve the
things they want. Thus, at a glance, the development of global issues that have emerged
and become a tranding topic of national maintream media news and international news
related to the background of the presence of our virus guests Corona Virus Covid 19. In
fact, South Korea through a widescreen movie titled The Flu, which was released in 2013
also tells about viruses similar to the corona virus. Likewise, the movie Outbreak tells the
story of the Ebola virus, in the United States, where the US military isolates the city,
preventing the virus from spreading to the city. The story is almost the same as events
such as the corona virus, as if the event was scenarios, there was a mask, people died
suddenly interrupted his breathing, city isolation, hospitals full of patients infected with
the virus. Well, it is exactly in an extraordinary film, whether screenwriters and directors
have previously carried out scientific research on viruses etc., so that the details of events
and symptoms of illness are the same as the corona wallahu virus. Hopefully, it is only a
fictional story, even though the storyline is very similar to the Covid corona virus 19. To
God the author submitted behind the Corona Covid Virus Outbreak 19 scenario, because
it was only by God’s permission and will all events and all kinds of disasters could occur,
and angels only carry out His commands.
1. Provincial Regions and Regency Cities in Indonesia that Implement Large-Scale
Social Restrictions
Large scale social restrictions are implemented in DKI Jakarta, Depok, Bekasi, Bogor, Banjarmasin and Makassar to reduce the spread of the corona virus in Indonesia. Status of Large-Scale Social Restrictions (PSBB) is now starting to be applied in various regions in Indonesia, starting from Jakarta, Banjarmasin to Tarakan City. During the Large-Scale Social Restrictions, schools and workplaces are closed,
restrictions on religious activities and activities in public places. Limitation of socio-
cultural activities and modes of transportation. Important services for the community
such as markets, shops, fuel, communication, medical services, finance and others will
continue to run as usual. The following areas apply Large-Scale Social Restrictions :
a. Banjarmasin City Minister of Health (Menkes), Terawan Agus Putranto approved the
proposal of the Banjarmasin City government, South Kalimantan to implement the
PSBB. The Decree of the Minister of Health for the City of Banjarmasin, was
established on Sunday 19 April 2020 through the Decree of the Minister of Health
Number HK.01.07 / Menkes / 262/2020. PSBB in Banjarmasin City was established in
order to reduce the spread of corona virus and accelerate the handling of Covid-19.
Because in that region there was a significant increase and spread of Covid-19 cases.
b. b. City of Tarakan The Minister of Health has also approved the proposal of the
government of the City of Tarakan, North Kalimantan to apply the status of PSBB.
The Decree of the Minister of Health was established on Sunday 19 April 2020
through Decree of the Minister of Health No. HK.01.07 / Menkes / 261/2020. After an
epidemiological study and consideration of the readiness of the area in social,
economic and other aspects, the technical team needs to carry out a large-scale social
restriction.
c. Bandung City PSBB Determination in Bandung City based on Minister of Health
Decree Number HK.01.07 / Menkes / 259/2020 on April 17, 2020. Local Governments
must implement PSBB and consistently encourage and socialize clean and healthy
lifestyle to the community.
d. Bandung Regency PSBB in Bandung Regency based on Minister of Health Decree
Number HK.01.07 / Menkes / 259/2020 on April 17, 2020. PSBB in this region is
carried out during the longest incubation period and can be extended if there is still
evidence of the spread.
e. West Bandung Regency West Bandung is one of the regions in West Java that
implements PSBB based on Minister of Health Decree Number HK.01.07 / Menkes /
259/2020 on April 17, 2020.
f. Cimahi City The application of PSBB in the West Java region was expanded in
Cimahi City. The PSBB decision in Cimahi was established by the Minister of Health
on April 17, 2020 through Minister of Health Decree Number HK.01.07 / Menkes /
259/2020.
g. Sumedang Regency Another area in West Java that will implement the PSBB is the
Sumedang Regency. Determination of PSBB in this region based on the Decree of the
Minister of Health Number HK.01.07 / Menkes / 259/2020. “PSBB for Bandung City,
Cimahi City, Bandung Regency, West Bandung Regency, Sumedang Regency need to
be determined to respond to the Covid-19 outbreak,” said Minister of Health
Terawan.
h. Depok City PSBB in Depok City will be held for 14 days starting Wednesday, April
15, 2020. Based on Depok Mayor Regulation Number 22 Year 2020 regarding
Implementation of Large-Scale Social Restrictions in Handling COVID-19 in Depok
City, there are a number of community activities outside the home that restricted.
i. Bogor City In West Java, PSBB is also implemented in Bogor City. West Java Governor Ridwan Kamil said the number of vehicles entering Bogor City via the Jagorawi Toll fell by almost half on the first day of the PSBB implementation, on April 15, 2020. 10. Bogor Regency Bogor Regency also implemented the PSBB to reduce the spread of the Covid-19 corona virus. PSBB in Bogor Regency has been implemented from 15 April 2020.
j. Bekasi City PSBB in Bekasi City came into force after Minister of Health approved
the proposal from West Java Governor Ridwan Kamil. The PSBB has been in force
since April 15 and will run for 14 days.
k. Bekasi Regency Bekasi Regency also began implementing the PSBB on April 15, 2020
along with 4 other regions in West Java namely Bogor City, Bogor Regency, Depok
City and Bekasi City.
l. Tegal City Terawan Menkes also set PSBB status for Tegal City, Central Java. PSSB
was established on Friday 17 April 2020 through the Decree of the Minister of Health
No. HK.01.07 / Menkes / 258/2020.
m. West Bandung Regency West Bandung is one of the regions in West Java that
implements PSBB based on Minister of Health Decree Number HK.01.07 / Menkes /
259/2020 on April 17, 2020.
n. Cimahi City The application of PSBB in the West Java region was expanded in
Cimahi City. The PSBB decision in Cimahi was established by the Minister of Health
on April 17, 2020 through Minister of Health Decree Number HK.01.07 / Menkes /
259/2020.
o. Sumedang Regency Another area in West Java that will implement the PSBB is the
Sumedang Regency. Determination of PSBB in this region based on the Decree of the
Minister of Health Number HK.01.07 / Menkes / 259/2020. “PSBB for Bandung City,
Cimahi City, Bandung Regency, West Bandung Regency, Sumedang Regency need to
be determined to respond to the Covid-19 outbreak,” said Minister of Health
Terawan.
p. Depok City PSBB in Depok City will be held for 14 days starting Wednesday, April
15, 2020. Based on Depok Mayor Regulation Number 22 Year 2020 regarding
Implementation of Large-Scale Social Restrictions in Handling COVID-19 in Depok
City, there are a number of community activities outside the home that restricted.
q. Bogor City In West Java, PSBB is also implemented in Bogor City. West Java
Governor Ridwan Kamil said the number of vehicles entering Bogor City via the
Jagorawi Toll fell by almost half on the first day of the PSBB implementation, on
April 15, 2020. 10. Bogor Regency Bogor Regency also implemented the PSBB to
reduce the spread of the Covid-19 corona virus. PSBB in Bogor Regency has been
implemented from 15 April 2020.
r. Bekasi City PSBB in Bekasi City came into force after Minister of Health approved
the proposal from West Java Governor Ridwan Kamil. The PSBB has been in force
since April 15 and will run for 14 days.
s. Bekasi Regency Bekasi Regency also began implementing the PSBB on April 15, 2020
along with 4 other regions in West Java namely Bogor City, Bogor Regency, Depok
City and Bekasi City
t. .Tegal City Terawan Menkes also set PSBB status for Tegal City, Central Java. PSSB
was established on Friday 17 April 2020 through the Decree of the Minister of Health
No. HK.01.07 / Menkes / 258/2020.
u. West Sumatra Province Proposed Large-scale Social Limitation in West Sumatra
Province has been approved by the Minister of Health, Terawan Agus Putranto, so
that the PSBB can be applied in the region. The decree was made by the Minister of
Health on April 17, 2020 through Minister of Health Decree Number HK.01.07 /
Menkes / 260/2020.
v. Makassar City In the Sulawesi region, PSBB will be implemented in Makassar City
after the Menken has approved the application of PSBB in the region through
Minister of Health Decree Number HK.01.07 / Menkes / 257/2020 on April 16, 2020.
w. DKI Jakarta Province DKI Jakarta Governor Anies Baswedan has implemented the
PSBB starting Friday 10 April 2020 after it was approved by Minister of Health Agus
Terawan. It was determined after conducting a study on the implementation of the
PSBB in the capital city together with the DKI Jakarta Provincial Government
(Pemprov) and the Regional Leadership Coordination Forum (Forkopimda).
x. Tangerang City In the Banten region, Kota Tangerang has become one of the regions
that has also implemented PSBB in order to follow up on Minister of Health Decree
Number HK.01.07 / MENKES / 249/2020.
y. Tangerang Regency In addition to Tengerang City, Tangerang Regency also conducts
PSBB in order to accelerate the handling of corona virus in the region.
z. South Tangerang City South Tangerang City, which is part of the Greater Tangerang,
has also begun imposing PSBB status from 18 April to 3 May 2020.
aa. Pekanbaru City The Minister of Health agreed to implement the PSBB in the
Pekanbaru City area, Riau. The decision was conveyed through the Minister of
Health Decree No. HK 1.0 1.07MENKES / 250/2020 dated 12 April 2020. Also read:
PSBB Surabaya Raya Officially Proposed Khofifah To Terawan PSBB Jakarta: List
of 20 Areas that Apply PSBB “. Https://tirto.id / ePVK.
2. Identification of the Number of Positive Cases of Corona Virus (Covid 19) 2 June
2020 Nationally in Indonesia.
At present, data author identification per Tuesday, June 2, 2020, nationally the
total positive cases of SARS-CoV-2 virus sufferers is 27,549. The National Task Force
noted the addition of 609 new cases. The Government Spokesperson for COVID-19
Achmad Yurianto said that the addition of this number did not constitute an overall total
picture that depicted the condition of our homeland. Although in some provinces, cases
have increased. “We see in East Java Province, today 213 cases. Then the Papua
Province, also increased by 94 cases compared to yesterday. DKI Province has 60 cases,
if compared to yesterday there was a decline, “Yurianto said in a press conference at the
National Task Force Media Center. Yurianto also said that there were 44 new cases in
South Sulawesi. However, compared to the previous day the number decreased. The same
thing happened in South Sumatra with 24 new cases. From the reports received by the
Ministry of Health, there were 4 provinces that reported one positive case, namely
Bengkulu, East Kalimantan, North Sumatra and Lampung. A total of 11 provinces today
(2/6) reported no additional cases, namely Aceh, DI Yogyakarta, Jambi, West
Kalimantan, North Kalimantan, Southeast Sulawesi, Central Sulawesi, West Sulawesi,
Riau, Maluku and NTT. Yurianto announced that the number of patients recovering
increased by 298 people to a total of 7,935 per day today. The number of cases is spread
in 417 districts and cities in 34 provinces. While the case of death, the government
recorded a total of 1,663 people. In addition to COVID-19 positive case data, it has
identified the number of people under monitoring (ODP) of 48,023 people and patients under surveillance (PDP) of 13,213 people. Meanwhile, examination of specimens that had been completed and verified up to 12.00 West Indonesian Time was 9,049 specimens. He added that there were about 1,143 specimens that had not yet been completed because of the allotted time. “The total we have examined up to now is 342,466 specimens, both with Real Time PCR and Molecular Rapid Tests. We got the results of the examination, that COVID-19 was positive as many as 609 people, totaling 27,549 people, “Yurianto
explained. Here are the five provinces with the highest number of positive cases in all of
Indonesia, namely DKI Jakarta 7,541 cases, East Java 5,135, West Java 2,314, South
Sulawesi 1,630 and Central Java 1,432. Responding to the contagion that occurred,
Yurianto asked and invited all parties to commit to carry out health protocols in order to
deal with new habits. National Task Force Public Communications Team.
3. 102 Municipal Regency Governments in Indonesia that Are Allowed to Implement
New Normal Normal Order
The Task Force for the Acceleration of Handling COVID-19 gives authority to
hundreds of local governments (local governments) to implement a new or ‘normal’
normal order. There are 102 regional governments that have been given this authority.
“The Central Task Force for the Acceleration of Handling COVID-19 grants authority to
102 Regency / City Governments which are currently located or declared in the green
zone, to carry out productive and safe community activities COVID 19,” said a BNPB
statement informed via Twitter account @BNPB_Indonesia, as seen by AFP on Sunday
(5/31/2020). A total of 102 regions are spread across 23 provinces. BNPB explained that
the granting of authority was based on epidemiological criteria. “The 102 City Regencies
are recommendations from the expert team through various approaches. The approach
used is based on epidemiological criteria, public health surveillance and health services
according to the recommendations of the World Health Organization (WHO). Two of
these districts that can implement New Normal are Lampung Regency Timur and Mesuji.
II. RESEARCH METHODS
Currently the Indonesian nation is preparing to face The New Normal or a new
phase of life after the corona virus pandemic hit the world. The first phase that has been
recommended to carry out the New Normal process in Indonesia is 102 city districts, two
of which in Lampung Province, East Lampung Regency and Mesuji Regency can carry
out to prepare themselves for New Normal. This condition cannot be left without courage
to end because it can result in total bankruptcy. Not only is it considered from the
economic aspect, it could be that the state will not be able to finance the wheels of
government and its people, including further impact on the poleksosbud (political, social,
economic, cultural) and national security and disrupt aspects of national interests.
Therefore, at this time only the effects of the incision have been felt more or less. Then
inevitably social restrictions must be relaxed and open social activities gradually (the
new normal era). new normal is a change in behavior to keep running normal activities.
However, this change has the consequence of additional requirements by implementing
health protocols to prevent the transmission of COVID-19 in every activity, especially
those involving many people. Speaking of the interaction of community activities in the
public sphere is closely related to the behavior of each person, the level of compliance of
a person, the environmental aspects greatly affect the pattern of community behavior.
Whether the behavior is appropriate or deviant behavior. Because the environment is one
of the factors forming personality both physical and behavioral. This is where the
urgency is related to the aspect of the study “Juridical Optics in the Formulation of the
Execution of Law No. 6 Year 2018 Regarding Health Qantity After the End of PSBB
Implementation and the Imposition of New Normal and Safe Covid 19 Life Periods to
Achieve Criminal Justice for Every Indonesian Citizen “Because it is considered very necessary if every regulation in the governance, formulation, application and execution
of rules carried out by the government must be comprehensively controlle. That is, to
avoid abuse of authority or implementation errors in the implementation phase of the rule
of law that is not in accordance with the expectations of the law. This juridical optics is
needed, in order to maintain and guarantee that the legal purpose of maintaining order,
comfort, welfare, harmony and justice is truly directed at the people who are
constitutionally lively for every Indonesian citizen to obtain legal justice in all aspects of
daily life services both when the implementation of the large –scale social restrictions
and the New Normal lifestyle are guaranteed by the state for Indonesian citizens who are
infected and exposed to the corona 19 virus. From criminological juridical optics,
referring to Travis Hirsci’s Theory of social control theory that involves community
compliance, because of the effectiveness of compliance. Discipline of the behavior is also
very influenced from environmental aspects starting from the smallest environmental
aspects in the family and then in stages until local government and national level
government attitudes. If there is no compliance and discipline, instead there is a tendency
that the attitude of omission will be difficult for the government to apply the new normal
concept.
This will actually become an obstacle, especially security officers in the field if the
community is not ready or unwilling to implement this new behavior. In fact, it is easier
for the potential to clash with the community and make the effectiveness of the new
normal goal unattainable. Therefore it is expected that through community leaders, and
religious leaders, scientists and all stakeholders, including the head of the family, will
continue to urge or encourage each of its citizens or family members to build awareness
of shared responsibility so that each individual participates and adapts and applies the
new normal concept. This is where the phase examines the level of behavioral compliance
and legal culture compliance as well as part of ways and efforts to accelerate the
completion of the COVID-19 pandemic. Therefore we need commitment and good
cooperation from everyone in order to succeed the new normal era while anticipating the
impact of other social phenomena and other social reactions in the future if the new
normal situation is not immediately applied. The main task of the government must be to
ensure that the details of the New Normal concept can be operationalized properly, so
that the government must make systematic, measurable, directed, coordinated efforts of
central government and regional government policies that are mutually clicking, and
must be consistent in conducting open public oversight and enforcement. law. Other
important things, including increasing the capacity of the health sector to anticipate the
surge in patients with COVID-19 and strengthening social security that is right on target
and priority. In order to implement the regulation of Law No. 6 of 2018 concerning
Health Quarantine, the state has made implementing regulations, as well as presidential
decrees, governors’ regulations, etc., as a means of enforcing health criminal law for
every person who commits a violation of the crime of Health Constraints. In the author’s
note, there are criminal provisions on Health Quarantine as stipulated in Article 90 to
Article 94., where each article provides a criminal threat of 1 year and 100 million to a
criminal threat of 10 years in prison and a fine of Rp. 15 billion rupiah, for each person,
captain, the captain of the pilot, the driver of the vehicle and the corporation that
committed the crime of health violence, as regulated in these articles. Therefore, juridical
optics in seeing the implementation of formulations, applications and executions applied
in law enforcement Law No. 6 of 2018 must be a concern for academics and legal
practitioners, so that the actual legal objectives reach justice seekers. Do not let people who have no criminal intentions or committed violations due to the application of PSBB
and New Normal in Indonesia, be subjected to criminal sanctions in prison.
III. RESEARCH FINDING AND DISCUSSTION
In positive law in our country, there are regulations in Article 63 Paragraph (2) of
the Criminal Law Code, it states, “if for an act that can be convicted due to general
criminal provisions, there are special criminal provisions, then the specific criminal
provisions are only those that are used “. That is, special laws outside of the Criminal
Code, which specifically regulates the actions or criminal acts of Health Quarantine as
mentioned in Law No. 6 of 2018, then the enactment of these laws applies to everyone
who commits the Criminal Health Act Quarantine . Even if in the Criminal Code, it
regulates criminal sanctions in violation of health quarantine, then the criminal
provisions used by law enforcers are those specific Laws, thus the juridical
understanding intended by Article 63 Paragraph (2) of the Book Criminal Law law. As it
is known, that the state in this case state instruments, the police and other supporting
devices, in carrying out legal actions for perpetrators who are strongly indicated to
commit criminal acts of Health Quarantine, at the time of the enactment of the Large-
Scale Social Restrictions, which are mostly violated by the public are as regulated in
Article 93. The article reads, “every person who does not comply with the implementation
of health quarantine as regulated in article 9 paragraph (1), violators are subject to a
maximum imprisonment of 1 year and / or a maximum fine of Rp 100 million rupiah”. The
formulation of the provisions of criminal sanctions is cumulative-alternative, that is, the
prosecutor or judge can sue the accused or punish with two choices of imprisonment or
impose a fine. In scope, juridical optics, regulation on the formulation of criminal
provisions by Law No. 6 of 2018 on Health Quarantine is clearly added plus
implementing regulations gaverment regulation No. 21 of 2020 technically, the
formulation of the preparation of criminal provisions in order to provide sanctions for
violators of criminal acts can be processed through mechanism of Law No. 6 of 2018.
Legally (lec as well as), clearly and clearly, if the enforcement of the crime of Health
Quarantine is carried out by police law enforcement officers, and subsequently through
the legal mechanism of the Criminal Procedure Code the Law will involve the Prosecutor
General and Judge in the judicial process. So, no new regulations are needed, for
example, Provincial Regulations, Regency / Municipal Regulations, Pergub, Perwali or
Perbup, in the context of carrying out law enforcement actions related to the issues of
Large-Scale or New Normal Social Restrictions in the future. Because, bestimmheitsgebot
/ legal certainty in the process of enforcement has been specifically regulated and lex
scipta (written) in Law No. 6 of 2018 in lex stricta (clear and strict). Then, how can it be
as an example of a comparative case, as promulgated by Law No. 33 Year 2020 and
Governor Regulation No. 41 of 2020 made by DKI Jakarta Governor Anis Baswedan,
when he issued a new regulation governing the Imposition of Sanctions for Violation of
the Implementation of Large Armed Social Restrictions in Handling Corona Virus
Diseanse 2019 (Covid 19) in DKI Jakarta Province. ? Then, a few questions arise?
1. Is the DKI Jakarta Governor’s policy by making a regulation governing
administrative sanctions against violators appropriate for the construction of legal
thinking (style of thought) and the enforcement of the criminal law system in
Indonesia (enforcement of the criminal law system in Indonesia), the formulation of
types of criminal sanctions / strafsoort, the formulation of the page sanksipidana / stafmaat and the formulation of rules and guidelines for punishment / staaftoemetingsregel ?
2. What should be done by the Governor of DKI Jakarta and the 20 regencies of cities
that have implemented the PSBB, do they the heads of regions have to rush to make
new regulations in the form of Pergub, Perbup and Perwali in implementing legal
order in the context of implementing legal action for Criminal Offenses Health
quarantine especially for large sclae social restrictions violations ?
The two questions I will describe in terms of juridical optics according to relevant
laws and regulations. Answering the question point a, above, is the policy of the
Governor of DKI by creating a regulation governing administrative sanctions to violators
that is appropriate according to the construction of legal thinking (style of thought) and
the enforcement of the criminal law system in Indonesia (enforcement of the criminal law
system in Indonesia) formulation of types of criminal sanctions / strafsoort, formulation
of the page sanctions / staffmaat and formulation of rules and guidelines for punishment /
staaftoemetingsregel ?. As is known, that regional heads, ranging from governors,
mayors and regents throughout Indonesia, are shaded by Law No. 23 of 2014 concerning
Regional Government. Authorities that hold positions in themselves, a governor, mayor
and regent, which are related to the arrangement of regional autonomy tasks for co-
administration and further elaboration of the provisions of higher statutory regulations,
related to regional regulations regulated in Article 236 Paragraph (3) letters a and b.
Furthermore, in Article 238 Aayat 1 to 5, governs the governor, mayor, regent are
allowed to make provincial and district municipal regulations, to compile charges of
coercion, 6 months criminal sanction of 50 million fines, threat of imprisonment,
restitution or administrative sanctions and can regulate regulations in local regulations
related to administrative sanctions one of them in Paragraph (5), letter g, “administrative
fines”. 1It means, in the optical aspect of the legal sanctions, administrative fines applied
through the DKI Jakarta governor’s Regulation are the most appropriate according to the
hierarchy and content of the laws and regulations, as stipulated in Article 7 Paragraph
(1) of Law No. 12 of 2011 concerning Formation of Regulations Legislation, explained,
types of hierarchy of statutory regulations, Basic Law 45, Provisions of the People’s
Consultative Assembly of the Republic of Indonesia, Laws, Government Actions in lieu of
Laws, Government Regulations, Presidential Regulations, Provincial Regional
Regulations, Regional Regulations /city. Paragraph (2), “that, the legal force of laws and
regulations in accordance with the hierarchy as regulated in Paragraph 1. Juridical
optical foundation in Pergub No. 33 of 2020, DKI Jakarta, concerning the
implementation of Large-Scale Social Restrictions, refers to Article 27 which states, that,
Pergub No. 33 of 2020, is a follow-up of the implementation of the elaboration of the
implementation of Law No. 6 of 2020, so that it is strengthened by technical implementation in Pergub No. 41 of 2020 concerning Imposition of Sanctions against the implementation of PSBB. Meanwhile, in Pergub No. 41 of 2020, administrative fines are imposed on violators ranging from social sanctions, and fines of 100 thousand to Rp 50 million, where the results of paying administrative fines, due to violations as set out in 5 up to article 14 deposited to the Regional Treasury. Is not it, governor regulation under the Regional Regulation cannot regulate the sanction of fines, because sanctions are
fined in law, including part of the sanctions as set forth in Article 10 of the Criminal Law
Code. Article 15 Paragraph (1) of Law No. 12 of 2011 Concerning the formation of Laws
and Regulations, it is explained, “Material content regarding criminal provisions can only be contained in laws, provincial regulations and regency and city regencies. And, the criminal provisions in the provincial and regional regulations of the city regency in the form of a threat of imprisonment for a maximum of 6 months and a maximum fine of Rp 50 million rupiah. Legally, if Pergub 41/200 2020 is said to be the implementation of Law No. 6 of 2018 on Health Quarantine, then the executing agency in law enforcement and enforcement is the National Police, prosecutors and judges in the scope of the judiciary with the Criminal Procedure Code as a formal legal tool to implement the material law, namely Law No. 6 of 2018.
Law No. 6 of 2018 concerning Health Quarantine explicitly regulates the
formulation regarding the imprisonment of imprisonment, criminal fines against the
perpetrators of criminal acts against Health. Therefore, DKI Jakarta Governor
Regulation No. 41 Year 2020 which regulates the imposition of sanctions for violations of
the implementation of the PSBB in handling corvida covidus 19 regulates administrative
sanctions that are not appropriate for the designation of their legal objects. , in terms of
the principle of legal law known (lex superior derogat legi inferior), which says that a
higher law takes precedence over a lower law. Therefore legally according to judicial
optical observations, the authors argue that the Governor of the Republic of Indonesia
Regulation No. 41 of 2020 DKI Jakarta, Perbup and Perwali are used as a basis for the
main legal sources in sanctioning administrative fines throughout Indonesia for issuing legal products legally. And, if implemented continues to be carried out then the regional head participates in breaking the law (breaking down the law) and participate in
damaging the order of harmonization of the national criminal law unit in Indonesia. Let’s
look at the considerations in point a, Pergub No. 41 of 2010, which in its legal
considerations states, “based on Article 27 of Governor Regulation No. 33 of 2020
concerning large scale social restrictions in handling corona virus disease covid 19 in
DKI Jakarta Province, violations of the implementation of PSBB are subject to sanctions in accordance with the provisions of the legislation including criminal sanctions “: This means that in the basic consideration of the Pergub No. 33 of 2020 before the Pergub No. 41 of 2020 is made and ratified, the basic reference as a basis for legal guidance in the
determination of criminal law in Pergub No 33 of 2020 still refers to the basic foundation
of criminal provisions in Act No. 6 of 2018 concerning quarantine aan Health. Because
only this Law specifically regulates how to implement the Large-Scale Social
Restrictions. It means, considering that the analysis from the juridical optic side can be
concluded from the legal facts, the governor’s regulation No. 41 of 2020 should not be
made regarding the sanction of his speech, because Law No. 6 of 2018 has clearly and
clearly governed the implementation of enforcement. criminal law and the imposition of criminal sanctions and criminal penalties for violators. Therefore, automatically the
regulations governing the imposition of criminal sanctions for fines, or administrative
penalties in Governor Regulation No. 41 of 2020 cannot be implemented as a source of
legal action and can be requested to be canceled through legal remedies through
material requests by individual legal subjects or entities the law to the institution of the
Supreme Court of the Republic of Indonesia based on the Republic of Indonesia Supreme
Court Regulation No. 1 of 2011 regulates the methyl meter testing of legal products under
the legislation.
It should be noted, by the central government government, as well as the regency /
city province, that a product of legislation that has been clearly regulated regarding the
provisions of the formulation of criminal sanctions, such as Law No. 6 of 2018
concerning Health Health Outrage as regulated in Articles 90 to Article 94, is a legal product that is certain and clear. So that there is no need to make new regulations that
repeat and that fosters the competence of other institutions, such as the authority of the
police, prosecutors, judges, as a Criminal Justice System institution, which has authority
in the process of law enforcement and law enforcement. Do not be mixed with terms of
imprisonment and fines, merged and merged into administrative fines as if the criminal
provisions in Law No. 6 of 2018. Administrative fines must be based on the main legal
source, if in Law No 6 In 2018, the Health Quarantine did not regulate administrative
fines, so the implementing regulations below must not exceed the law, let alone raised in
the Governor’s Regulation. Under the Law, which can regulate criminal penalties for
fines are provincial and district / city regional regulations, and the rest, rules under
district / city provincial regulations, are not allowed to provide criminal penalties or
imprisonment and confinement to legal subjects / individuals or legal entities. Whatever
the form, the law clearly regulates the limits and scope of authority, lest the executive
body seize the authority of the judiciary, so that it becomes lawful among the government
apparatus and the law enforcement itself. In Article 17 of the Governor’s Regulation No.
41 of 2010, DKI Jakarta, it was explained, the handling of criminal sanctions against
violations of the PSBB was carried out by the police. This means that law enforcement
and legal action must refer to Law No. 6 of 2018 and Criminal Procedure Code
Provisions in the legal process as regulated in Article 84 regulating the process of
investigating criminal acts of Health Quarantine in the PSBB determination phase. So,
even if someone is proven to have committed a crime, the payment of a criminal sanction
is fined, paid to the State Treasury, not at the Regional Treasury of the Province of DKI
Jakarta. As the legal basis is the Republic of Indonesia Government Regulation No. 39 of
2018 concerning Types of Tariffs on Non-Tax State Revenues Applicable to the
Indonesian Attorney General’s Office, Article 1 paragraph (1) letter e, “payment of
criminal acts of violation (regional regulations) criminal penalties in cash deposited
Country,”. The legal umbrella should be in the framework of establishing Large Scale
Social Restrictions in DKI Jakarta and possibly other regions, which is the most
appropriate in making Provincial Regulations or Regency / City Regulations, so that in
terms of imprisonment or imprisonment a legal fine can be justified and in line with
hierarchy according to the applicable laws and regulations.
That, in fact, it is not a problem if the government adopts a discretion policy in
taking a strategic step in the emergency situation or in an urgent condition for actions for
general relief in dealing with the corona virus outbreak. Because the law provides space
and opportunity for the government to take quick steps in the interests of the state and the
people, as regulated in Article 8 Paragraphs (1) and (2) of Law No. 12 of 2011
concerning the Formation of Legislation. Legislation other than as intended in Article 7
Paragraph (1), such as the Basic Law 45, MPR Decree, Laws, Presidential Regulations
Terminating laws, Government Regulations, Presidential Regulations, Provincial
Regulations / Regencies / Regencies cities and regulations, the People’s Consultative
Assembly, the People’s Consultative Council, the Supreme Court, the Constitutional
Court, the Supreme Audit Board, the Judicial Commission, Bank Indonesia, ministers,
bodies, institutions, or commissions, the Provincial Representative Council, the Regional
Representative Council of the Regency / city, governor / regent / mayor, village head or
equivalent but can be recognized and valid as a product of legislation. However, it must
still pay attention to other legal guidelines so that discretion can be recognized as a true
law according to the Act and may not conflict with a higher law, repeat, or exceed the
authority of the Act.
As an example of administrative fine regulation in Governor Regulation No. 41 of
2020, which regulates SKDA-Large-Scale Social Restrictions on administrative fines,
which are deposited into the DKI Jakarta Regional Treasury, as stipulated in the General
provisions of Article 1 of the 6th angke. This is seen as a mistake in the formulation,
application and execution because the higher law has specifically regulated the
procedure for payment of criminal penalties. Government Regulation (PP) RI No. 39 of
2007 concerning Management of State / Regional Money, explained the difference
between the State Treasury and Regional Treasury. State Treasury, is a place for storing
state money determined by the Minister of Finance as the general treasurer and the
Regional Treasury is a place for storing state money determined by the governor / mayor
/ regent to collect regional income. Article 11 Paragraph (2) and Article 12 Paragraph
(2), have also explained what is the difference between state and regional money, it needs
to be understood for legislators at the level of Provincial Regulations, Regency /
Municipal Regulations, Governors’ Regulations, Regulations regents, mayor regulations.
It is very impossible to be justified by law, if the result of a fine for violating the crime of
health quarantine during the PSBB determination in the Regional Cash Deposit of DKI
Jakarta Province, there is a double system that only sourced Pergub No. 41 of 2020 and
Article 48 Paragraph 1 to Paragraph 6 of Law Law No. 6 of 2018 already regulates the
formulation of the provision of criminal sanctions for administrative fine. This has
become a double track system of rules that are ineffective and detrimental to society,
because the legal object can be subject to two sanctions, namely criminal administrative
penalties according to Law No. 6 of 2018 and Governor’s Regulation No. 41 of 2020
concerning administrative fine sanctions. Not to mention if the subject of the law against
officers when they will be arrested or in legal proceedings applies Article 212 jo 216 jo
218 Kiatab Criminal Law law. While Article 76 Paragraph (1) of the Criminal Code,
applies the principle of nebis in idem / a person may not be prosecuted twice because the
act has received a decision that has permanent legal force. For example, someone
violates Article 93 of Law No. 6 of 2018 concerning Health Quarantine, because it
violates PSBB, law enforcement officials want to use Law No. 6 of 2018 or Governor
Regulation No. 41 of 2020 ?? Which, the most powerful law in providing sanctions
imprisonment and criminal fines or administrative fines with the same article violations! Of course Law No. 6 of 2018 which has competence in the legal process in imposing
criminal sanctions because Article 63 Paragraph (2) of the Criminal Code has governed, the Law which has been specifically regulated overrides general laws. Another
explanation regarding the payment of criminal fines is regulated in Article 42 of the
Criminal Code, “all costs of imprisonment and imprisonment will be paid by the state and
all fines and savings become state profits”. This should be a concern of the government,
so that in the formulation of regulations in the form of regulations or regulations,
regulations and guardians, always involving legal experts and first asking for academic
texts, so that the results of legal products can be synchronized with the provisions of the
criminal law system in a manner national in Indonesia. Criminal law must be integrated
and synchronized with the national criminal law unity system, because the general law in
Book I of the Criminal Code is as a source of general rules / general provisions that serve
as a benchmark for special laws outside the Criminal Code as a foothold in the
regulation and formulation of criminal provisions. So that the provisions of the provisions of the main criminal sanctions, imprisonment, fines, etc. and additional penalties as
stipulated in Article 10 of the Criminal Code become guidelines in the regulation of
criminal sanctions for all special laws outside the Criminal Code, as referred to in
Articles 1 to Article 85 of the Criminal Code. If, the Law regulates criminal sanctions
outside the provisions of Book I of the Criminal Code, Article 103 of the Criminal Code provides space in the regulation of criminal service provisions, in special laws must be
regulated separately and clearly stated in the formulation of criminal provisions.
IV. Conclution
In the Study of Juridical Optics in the Formulation of Execution Application
Formulation of Law No. 6 of 2018 Concerning Health Qantity After the End of the
Implementation of Large-Scale Social Restrictions and the Imposition of New Normal and Safe Life Coordination Period 19 To Achieve Criminal Justice for Every Indonesian
Citizen.) That , the central and regional governments in carrying out their authority and
service duties to the public in relation to the implementation of the CBDR and the
Implementation of the New Normal and Safe Covid Life Period 19 throughout Indonesia,
have not yet fully implemented the main criminal provisions in accordance with Law No.
6 of 2018 concerning Health Harmony and Government Regulation No. 21 of 2020 as a
follow-up to the implementing regulations of the Act. In juridical optics, the author
believes that the central and regional governments still have many considerations and doubts in carrying out the mandate of the constitution properly and correctly according
to the Law d the level of implementation of the application and execution of Law No. 6 of
2018 relating to the enforcement of criminal sanctions in the determination of the
implementation of the Large-Scale Social Restrictions in DKI Jakarta and regions in
Indonesia. As indicators of a double track system, multiple regulations emerge, under
regional regulations, namely, Governor’s Regulations, Regents of the Mayor’s Regents,
which have been legally enacted and used as the basis for legal action as the
implementation of criminal sanctions imposed on violators of the Periodic Social
Restriction Big. That fact, shows that the higher laws and regulations are not
implemented, but the lower Law Pergub, the regulation of the mayor / regent precisely
becomes the basis for legal action so that the effectiveness of law enforcement and legal
action becomes obcuurlibel / blurred is not optimal and out of the objectives and
substance the law. So that the implementation of criminal punishment / imprisonment of
criminal law / execution of punishments in the formulation of criminal provisions in Law
No. 6 of 2018 concerning Health Quarantine as the main legal source is actually not
implemented. It is ironic that maybe the government considers violations of the crime of
health violence as ordinary crimes or violations of bias so that the law is of lower
qualification that is applied in providing legal action. That, in the end, confused the
community because of their insecurity in running and operating Law No. 6 of 2018 on
Health Quarantine. The law was made was intended to create an atmosphere of peace,
order, happiness, prosperity, justice for the people, without people who obey the law, then
the law does not have self-respect and spirit, such as books in used racks, which are
neglected in the composition of texts obsolete eaten by termites. Laws like suspended
animation between there and no, (breaking the law), because the law is not able to
present the substance of its existence. law as a guideline for criminal conviction /
guidence of sentencing can be carried out properly and correctly. Hopefully the defect in
juridical optics related to the above matters can be input for the central and regional
governments and can be useful for the education of Indonesian people. There is no
intention to blame anyone, whether the government, state apparatus, or the community,
the purpose of this writing is only for the means of sharing knowledge and merely to find
the best way to uphold the criminal law system in Indonesia which is entirely aimed at the
Indonesian people. If there is a mistake due to the limitations of the author’s knowledge in
this legal study, according to the expert, it is not appropriate, please criticize and advise,
and to God I beg for forgiveness Aamiin. ***
Bibliography :
1. This article has been published on Kompas.com with the title “Corona Virus Update World 2 June 6.3 Million People Infected |
2. https://tirto.id/ePVK
3. The National Task Force’s Public Communications Team.
4. @BNPB_Indonesia
5. Lampung Province Covid-19 Task Force Handling Team.
6. Law No. 6 of 2018 concerning Health Outrage.
7. Criminal Code Article 63 Paragraph (2).
8. Law No. 23 of 2014 concerning Regional Government.
9. Law No. 12 of 2011 concerning the Formation of Legislation.
10. Governor Regulation No. 33 Year 2020 Regarding Large-Scale Social Restrictions in
handling corona virus disease covid 19 in DKI Jakarta Province.
11. Law No. 6 of 2018 concerning Health Outrage.
12. Republic of Indonesia Government Regulation No. 39 of 2018 concerning the Types of Tariffs for PNBP that Apply to the Indonesian Attorney General’s Office
13. Law No. 12 of 2011 concerning the Formation of Legislation.
14. Article 42 of the Criminal Code.
Download dokumen :
