Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Dilemma of the Functionalization of Administrative Criminal Sanctions in the Covid-19 Pandemic

Author(s): Maroni, Rini Fathonah, Nenny Dwi Ariani, Damanhuri Warganegara, Mashuril Anwar

Administrative criminal sanctions in the Covid-19 response policy are expected to make the public obey and provide a deterrent effect for violators. However, this sanction was criticized and deemed inappropriate. The reason is that the essence of criminal sanctions is the last resort. Therefore, the policy of criminal sanctions in dealing with Covid-19 needs to be reviewed. The results of the study indicate that there has not been a specific discussion regarding the basics of administrative criminal sanctions policies in dealing with Covid-19. In addition, a dilemma arises in the functionalization of administrative criminal sanctions during the Covid-19 pandemic. The dilemma that occurs is that law enforcement is selective about prokes violations during the Covid-19 pandemic. There are still many who ignore health protocols, but there is no action from the government. Especially the violation of health protocols by the policymakers and implementers themselves, being made a suspect, not even is made a defendant and a convict.

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