Indonesian Criminal Justice System In Covid-19 Pandemic

Indonesian Criminal Justice System In Covid-19 Pandemic

A.A Ngurah Oka Yudistira Darmadi

Fakultas Hukum Universitas Udayana, Email : oka_yudistira@unud.ac.id

Corona Virus or Corona Virus Disease (Covid-19) has become a world pandemic at this time, recorded more than 10 million cases, 5.4 million more recovered and 500 thousand died. This has made several countries in the world directly affected by the corona virus adopt strategic emergency policies to prevent and cope with the spread of the corona virus. Indonesia is also one of the countries affected by the spread of the corona virus, several policies have been issued by the government such as economic policies, social policies, educational policies, including legal policies (in this article the emphasis is on criminal law policies). Criminal law policy is related to two things namely criminal policy and legal politics.

Criminal policy consists of two components, namely Non Penal Policy (preventive and pre-emptive measures) and Penal Policy (repressive measures consisting of the stages of formulation, application and execution). Preventive and preventive efforts continue to be carried out by the Indonesian government to prevent people from violating government policies that implement Large-scale Social Implementation (PSBB) and also Restricting Community Activities (PKM) in accordance with Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters Spreading Corona Virus Disease 2019 (COVID-19) as a national disaster on Monday, April 13, 2020, which was previously to overcome the epidemic caused by the Corona Virus. The President has issued Presidential Decree Number 7 of 2020 concerning the Task Force for the Acceleration of 2019 Corona Virus Disease Handling (COVID-19) which was signed by the President on March 13, 2020, Law No. 6 of 2018 concerning Health Qualiosity and Government Regulation (PP) Number 21 of 2020 concerning Large-Scale Social Restrictions (PSBB). Even though the government has issued the above regulations, the condition of the people in Indonesia at this time there are still many people who commit violations related to the PSBB or the PKM, it is not surprising that the trend of the number of positive cases of corona virus in Indonesia is increasing every day. Of course this will have an impact on all sectors, including the legal sector. Repressive efforts have also been carried out by the Indonesian government, namely, for PSBB violators will be threatened with imprisonment and a fine of 100 million rupiah if they fight officers in accordance with Article 93 in conjunction with Article 9 of Law No. 6 of 2018 concerning Health Qualiosity. As explained earlier, repressive efforts consist of formulation, application, and execution stages. The problematic is the execution stage, where people who violate the PSBB or PKM are classified as violations in criminal law not as a form of crime so the question will arise whether the effective imprisonment of imprisonment for PSBB customers and the PKM. This policy would be contrary to government policy that provides assimilation for prisoners who have served 2/3 of their sentences in prison with the aim of preventing the spread of corona virus in correctional institutions.

The corona virus pandemic will also have an impact on the criminal justice system in Indonesia, especially in terms of law enforcement mechanisms for suspects / defendants by law enforcement officials. The trial process in this pandemic condition is carried out virtually or online, of course, contrary to Law No. 8 of 1981 concerning the Criminal Procedure Code as a legal basis for the law enforcement process in Indonesia. In the criminal justice system, due process of law is defined as a legal process that is good, right and fair. Such a legal process occurs, if law enforcement officials are associated with the process, not only carry out their duties in accordance with existing regulations, but also provide all the rights of the suspect / defendant that has been determined, and implement the principles and principles that underlie the process the fair law (although the principle or principle does not constitute a positive legal rule). With regard to the rights of suspects / defendants guaranteed by law, the existence of a virtual / online trial mechanism mechanism limits the legal advisory team in the process of assisting and defending during the trial, because only one legal adviser is allowed to provide assistance when running virtual examination of the hearing, even though the legal advisory team could have more than one person. Such conditions will be contrary to the purpose of the Law according to Gustav Radburch namely, Justice, certainty and expediency.

Political law is related to the establishment of good criminal law. Legislative and executive institutions are expected to be able to form regulations (criminal law) that are appropriate to the needs and conditions of the community so as to create justice, certainty and benefit not only in the context of the formation of material criminal law, but also the formation of formal criminal law, so that it works as a criminal justice system integrated even in an emergency like now.