Juridical Analysis of Law Enforcement against Criminal Acts Harding Management of An Outbreak of Communicable Diseases Reviewing from A Criminological Perspective

Abstract

The rejection of Covid-19 bodies is a phenomenon that only occurs in Indonesia. Even though the bodies that died due to Covid-19 had been carried out with proper handling procedures. The slanted stigma related to Covid-19 corpses has also triggered various rejections of funerals in an area. On that basis, this thesis aims to: (1) analyze the regulation of criminal acts preventing the prevention of infectious disease outbreaks from a criminological perspective, (2) analyze the judges' considerations in Decision No. 76/Pid.Sus/2020/PN.Unr, and ( 3) analyze the obstacles faced in law enforcement efforts against criminal acts hindering the prevention of infectious disease outbreaks. The method used is qualitative with a sociological legal and juridical approach. The results of the study indicate that (1) The refusal of burial of the corpse of a confirmed Covid-19 case can be qualified as an action that can be held accountable because it has fulfilled the elements of error, (2) In its legal considerations, the judge considered that the actions committed by the defendants were included in the classification elements of the offense in Article 14 paragraph (1) Jo. Article 5 paragraph (1) letter e of the Law on Outbreaks of Infectious Diseases Jo. Article 55 paragraph (1) of the 1st Criminal Code. The judge also considered that the actions of the defendants met the elements of active action in Article 14 paragraph (1) Jo. Article 5 paragraph (1) letter e of the Law on Outbreaks of Infectious Diseases Jo. Article 55 paragraph (1) 1 of the Criminal Code because it has resulted in the failure of funeral activities for confirmed cases of Covid-19, and (3) Factors that become obstacles in overcoming outbreaks and infectious diseases include: