PELANGGARAN PROTOKOL KESEHATAN COVID-19: ULTIMUM REMEDIUM ATAU PRIMUM REMEDIUM (STUDI KASUS MRHS)
| Main Authors: | Alfarisy, Salman, Tias, Nadrya Ning, Sahbudin, Johan |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
|
| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/iclr/vol1/iss1/3 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1003&context=iclr |
Daftar Isi:
- Indonesia as one of the countries affected by the Covid-19 pandemic has implemented various policies to implement health protocol rules in an effort to minimize the spread of the virus. The policy starts at the socialization stage to the imposition of sanctions. There are administrative sanctions and criminal sanctions which have also begun to be applied, as a strong threat to those who try to underestimate the implementation of health protocols. In late 2020, Indonesia was shocked by the violation of health protocols which were directly threatened with criminal sanctions even though the suspect had carried out administrative sanctions from the local government by paying a number of fines when there was a mass crowd came to his daughter. Wedding. From these legal events, the authors are interested in examining the application of the ultimum remedium and primum remedium principles in the violations on health protocols. The purpose of this study was to determine the application of the ultimum remedium principle or the primum remedium principle to violations of health protocols. Through this study, it was found that the ultimum remedium principle should be prioritized for violations of health protocols, but in this case if the state has other considerations, then the primum remedium principle can be applied to everyone, including in this case MRHS Brothers who violate health protocols based on considerations of public interest. In addition, in this study it is known that criminal sanctions and administrative sanctions can be carried out simultaneously.