Research Article
Application of General Criminal Articles in Cases Related to Covid-19
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319726, author={Gafar Hartatiyanto}, title={Application of General Criminal Articles in Cases Related to Covid-19}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={coronavirus disease; general criminal articles special laws}, doi={10.4108/eai.16-4-2022.2319726} }- Gafar Hartatiyanto
Year: 2022
Application of General Criminal Articles in Cases Related to Covid-19
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319726
Abstract
COVID-19 outbreak in Indonesia has brought forth several regulations created as efforts to overcome the COVID-19 outbreak. However, violations are still committed by the community in dealing with the outbreak, for example, rejection of the COVID-19 patients' bodies being laid to rest, family's rejection of the handling of COVID-19 patients, and a case in which a hospital director was sentenced to 1 year prison time for reporting false positive-PCR-swab results. In the last example, the article imposed is of the general criminal article, namely the first paragraph Law No. 1 of 1946, Concerning the Regulation of Criminal Procedure Law, Article 14 The purpose of this research is to examine whether the use of standard criminal articles in circumstances involving COVID-19 is appropriate even though special law regulating outbreaks has been made. We expect this paper to be able to consider carrying out law enforcement cases in the health sector in which a special law regulating them has been made before Normative legal procedures were used to perform this study, consisting of primary and secondary legal materials as well as by conducting interviews with related parties. A study found the application of general criminal articles to violations of the COVID-19 outbreak was not appropriate.
