POTENSI ANCAMAN PIDANA MELAKUKAN KERUMUNAN DI TENGAH PANDEMI COVID 19 DI INDONESIA

  • Musa Darwin Pane Fakultas Hukum Univerisitas Komputer Indonesia (UNIKOM) Bandung

Abstract

 
This study aims to determine the regulation of criminal threats for crowding in the midst of the COVID-19 pandemic according to positive law in Indonesia and to find out the criminal threats (prison or fines) against those who crowd in the midst of the COVID-19 pandemic according to the penal system. The approach method used in this research is normative juridical and the research specification uses descriptive analytical method. The results of the study show that in positive law there are administrative criminal sanctions that are threatened for perpetrators who gather in the in the time of COVID-19 pandemic, namely Article 14 paragraph (1) of Law No. 4, 1984 concerning Outbreaks of Infectious Diseases, Article 93 of Law Number 6, 2018 concerning Quarantine, Article 212, Article 214, Article 216, and Article 218 of the Criminal Code. Meanwhile, the criminal threat for those attracting crowds amidst the COVID-19 pandemic can be subject to criminal penalties if the perpetrators resist as stipulated in the legislation, but this criminal sanction is a last resort or ultimum remedium. Thus, the author is of the view that it is necessary to have a functioning agency or institution that is concerned with prevention and supervision through massive approach and layered supervision.
Keywords: Criminal, Crowd, COVID-19.

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Published
Oct 7, 2021
How to Cite
PANE, Musa Darwin. POTENSI ANCAMAN PIDANA MELAKUKAN KERUMUNAN DI TENGAH PANDEMI COVID 19 DI INDONESIA. JURNAL LITIGASI (e-Journal), [S.l.], v. 22, n. 2, p. 230-241, oct. 2021. ISSN 2442-2274. Available at: <https://journal.unpas.ac.id/index.php/litigasi/article/view/4119>. Date accessed: 23 jan. 2022. doi: http://dx.doi.org/10.23969/litigasi.v22i2.4119.
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Articles