Research Article
Analysis of Criminal Aspects in Health Quarantine Law
@INPROCEEDINGS{10.4108/eai.28-5-2022.2320568, author={Adi Sofa Zulfia and Imawan Sugiharto and Suci Hartati}, title={Analysis of Criminal Aspects in Health Quarantine Law}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia}, publisher={EAI}, proceedings_a={MALAPY}, year={2022}, month={8}, keywords={quarantine pandemic criminal}, doi={10.4108/eai.28-5-2022.2320568} }- Adi Sofa Zulfia
Imawan Sugiharto
Suci Hartati
Year: 2022
Analysis of Criminal Aspects in Health Quarantine Law
MALAPY
EAI
DOI: 10.4108/eai.28-5-2022.2320568
Abstract
Indonesia as a state of law has an obligation to make regulations regarding the COVID-19 pandemic. One of the health measures to reduce the spread of COVID-19 is quarantine. The difficulty of implementing criminal sanctions in the Health Quarantine Act. The purpose of this study is to analyze the form of criminalization in the Health Quarantine Act and analyze aspects of criminal liability in the Health Quarantine Act. The results show that the formulation of Article 93 of the Health Quarantine Act is problematic because it contains a rubber word clause, cannot be measured, and its application is potentially arbitrary. The clause in question is not complying with and must comply with the implementation of health quarantine. In addition, there is the term obstructing and causing a public health emergency. So there is ambiguity and liberal interpretation. Sentencing as an effort to provide appropriate criminal responsibility for violators of health quarantine is in the form of a restorative punishment, namely the restoration of the situation to the perpetrator and his environment and an integrative punishment, namely in the form of comprehensive prevention of a fatality in a public health emergency.