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Criminal Sanction for PPKM Violators, Too Excessive ICJR Says

Translator

Non Koresponden

Editor

Laila Afifa

20 July 2021 23:02 WIB

TEMPO.CO, Jakarta - The Institute for Criminal Justice Reform (ICJR) expressed its strong disagreement towards the implementation of criminal sanctions against individuals considered to have violated the Public Activities Restriction Implementation (PPKM Darurat). ICJR asserted that the PPKM Darurat regulation has been unclear since the very beginning.

"The government made a policy concerning sanctions without considering the existing legal system, too often breaches authority," said ICJR Director Erasmus Napitupulu in a written statement on Tuesday, July 20, 2021.

Regulation on sanctions for PPKM Darurat violators is stated in Minister of Home Affairs Instruction No. 15 of 2021. Point 10 of the Instruction states that everyone who committed violations in relation to efforts to control an epidemic will be sanctioned.

The sanction was based on the Indonesian Criminal Code Article 212 through Article 218, Law No. 4 of 1984 concerning Epidemic and Infectious Disease, Law No. 6 of 2018 concerning Health Quarantine, regional laws, regional heads regulation, and other provisions.

Erasmus said that the Minister of Home Affairs Instruction suggests that it is so easy to declare someone to have committed a crime. Whereas, Erasmus asruged that criminal law cannot be immediately enforced without taking into consideration elements of a crime. Criminal sanctions can only be regulated in law and regional regulations, not in ministerial instruction.

Erasmus asserted that the mismanagement of the sanction has been happening since the beginning of the pandemic when the government impose the large scale social restriction. The mistake repeated itself in the implementation of the PPKM Darurat. According to Erasmus, this condition signals that the government did not discuss matters concerning the PSBB and PPKM Darurat seriously.

"Whereas the imposing of sanctions include violation of human rights," Erasmus said.

ICJR highlighted a number of cases that punish civilians with fines and confiscation of goods without any legal due process and without any possible remedy. Meanwhile, on the other hand, officers gathering around were not punished.

According to Erasmus, officers were insensitive and lacking in a progressive mindset in enforcing the law. For example, officers impose imprisonment sanctions against civilians who cannot pay fines for violating PSBB or PPKM Darurat.

Erasmus said that the purpose of restricting public mobility. Therefore, he was confused when people who violates the PSBB or PPKM Darurat are being sent to prison, a place in which it is difficult to uphold the health protocol.

"Punishment not always have to be fines or imprisonment, it can be progressively imposed, starting from house arrest, social works, and other examples," Erasmus said.

Previously, an owner of a coffee shop in Tasikmalaya, West Java, prefers to go to jail for three days instead of paying a IDR 500 thousand fine.

BUDIARTI UTAMI PUTRI | ANTARA



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