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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS) Journal of Innovation Research and Knowledge
Mompang L. Panggabean
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Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Effectiveness Implementation of Fine Criminal Sanction in Extraordinary Events or Pandemic Outbreak According to the Law Number 17 of 2023 Concerning Health (Health Omnibus Law) Renfred Valdemar; Rospita Adelina Siregar; Mompang L. Panggabean
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.7823

Abstract

Pandemic outbreak is a non-natural disaster that is physically invisible and difficult to detect. Along with the experience and high death rate in Covid-19, it has encouraged the Government to issue Law No. 17 of 2023 concerning Health (Health Omnibus Law). Criminalization is the path chosen by the government as a form of state priority for the people in overcoming the spread and transmission of the pandemic outbreak. However, currently there is still a polemic about how legal action uses criminal sanctions during a pandemic. The study was conducted using a descriptive method, which aims to examine the effectiveness of the application of criminal sanctions for anyone who obstructs the implementation of efforts to control pandemic outbreak or violates health protocols. The results of this study indicate that Article 446 of Law No. 17 of 2023 concerning Health (Omnibus Law of Health) is the basis for criminalization for violators of the pandemic outbreak response, with the imposition of a maximum criminal fine of IDR 500,000,000 (Five hundred million Rupiah). With restrictions on movement accompanied by administrative sanctions alone, it has made the people's economy very difficult, especially if it is added to criminal fine. The sense of justice and legal certainty for the community is increasingly absent. The application of criminal sanctions should not be applied during a pandemic, because everyone has the right to maintain their own lives. This only adds to the suffering of people who do not agree with government policies by forcing them to follow health protocol rules that are contrary to their conscience.
PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DALAM KONSTRUKSI CONCURSUS REALIS DENGAN TINDAK PIDANA PENCUCIAN UANG (Studi Kasus Putusan Nomor : 43/Pid.Sus-TPK/2022/PN Jkt.Pst) Saut Horas Tamba; Mompang L. Panggabean; Hendri Jayadi
Journal of Innovation Research and Knowledge Vol. 5 No. 8 (2026): Januari 2026
Publisher : Bajang Institute

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Abstract

The increasing number of corruption crimes accompanied by money laundering in Indonesia has resulted in significant losses to state finances. This study aims to: (1) analyze whether law enforcement against perpetrators of corruption accompanied by money laundering in the context of concursus realis in Decision Number: 43/Pid.Sus-TPK/2022/PN.Jkt.Pst has fulfilled the sense of justice; and (2) examine the judicial considerations and the court’s decision in imposing criminal sanctions based on the legal construction philosophy of concursus realis. This research employs a normative juridical method with a statute approach and a case approach. The results show that the imprisonment sentence of 5 (five) years imposed on the Defendant, Johan Darsono, is disproportionate to the substantial financial losses suffered by the state, and therefore may be regarded as failing to satisfy public sense of justice and insufficient to create a deterrent effect. The judges’ considerations in this case relied more heavily on factual and non-juridical aspects, while juridical considerations particularly Supreme Court Regulation (Perma) No. 1 of 2002 concerning sentencing guidelines for offenders proven to have violated Article 2 and Article 3 of the Anti-Corruption Law were not fully taken into account in determining the punishment. As a result, the integration of law enforcement between corruption and money laundering offenses has not yet been optimal in realizing justice and a strong deterrent effect
Co-Authors Hendri Jayadi Renfred Valdemar Rospita Adelina Siregar Saut Horas Tamba