An Analysis of The Imposition of Criminal Sanction to COVID-19 Vaccination Objectors Through the Lens of Criminal Law and Qiyas Shafi’i Mazhab in Indonesia

<table width="595" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p><em>This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially </em></p></td></tr></tbody></table>

Legal implications of the criminal policy of returning state financial losses by corporations in corruption criminal acts to restore state financial losses

The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations.

PRIMUM REMEDIUM ACTION SANCTIONS AGAINST CHILDREN IN CONFLICT WITH THE LAW

Criminal sanctions are more popular than action sanctions at the application level. Action sanctions formulation is regulated in Articles 82 and 83 of the Juvenile Criminal Justice System Law, while criminal sanctions are the last resort. However, criminal sanctions are still the "prima donna" in law enforcement practices against children in conflict. This condition raises various problems such as the overcapacity of correctional institutions, burdens the state budget, and creates a stigma against children in conflict with the law. Because the purpose of implementing the juvenile criminal justice system is in the child's best interests, action sanctions should be prioritised, even though criminal sanctions are needed in law enforcement against children in conflict with the law. Therefore, an idea emerged to restore criminal sanctions as ultimum remedium and strengthen action sanctions as primum remedium. The problem discussed in this study is how to implement primum remedium action sanctions against children in conflict with the law? And how to strengthen primum remedium action sanctions against children in conflict with the law? This study uses a normative juridical, an empirical juridical, and a comparative methods. The data in this article are sourced from primary and secondary data processed through description, prescription, and system. The results indicate that criminal sanctions still dominate judges' decisions in children in conflict with the law, and action sanctions are complementary sanctions because it is rarely applied.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

Hospital Criminal Liability for Patient's Damages due to Health Service Errors during the Covid-19 Pandemic

During the Covid-19 pandemic, many mass media reported various cases of health service errors at hospitals that resulted in material losses, there were even cases of patients dying. The criminal aspect is explicitly stated in the provisions of Article 190 of Law No. 36 Year 2009 and Article 62 and Article 63 of Law No. 44 Year 2009 and Article 46 of Law Number 44 Year 2009 concerning Hospitals where it is stated that hospitals are legally responsible for all losses due to negligence or health service errors. This research used descriptive normative research through a statutory approach, carried out by reviewing all laws related to legal issues that are being handled. In addition, criminal sanctions in Law Number 36 Year 2009 are formulated cumulatively, such as in the case of criminal acts as referred to in Article 190 paragraph (1), Article 191, Article 192, Article 196, Article 197,Article 198, Article 199, and Article 200, accumulated so that the general provisions inArticle 30 of the Criminal Code are ineffective, that the maximum sanction if not paid the perpetrators are only subject to a substitute imprisonment of 6 months or 8 months.

The Effort to Reduce Over Capacity in Correctional Facilities through Social Work Alternative Punishment

Overcapacity in prisons usually happens due to the high number of incoming inmates which is not directly proportional to the capacity of the correctional institution. It is a problem in realizing the aim of both the correctional system and the criminal justice system and raises the urgency of alternative penalties application. This research aims twofold: First, to uncover the causes of prison overcapacity, Second, to elaborate on how policy is being developed toward alternative punishment to reduce overcapacity. This study takes a normative and empirical legal approach, with data gathered through literature reviews and field studies. In conclusion, it would appear that alternative punishments are essential to change the negative views regarding the application of criminal sanctions in prison into the application of alternative criminal sanctions for social work that have a positive impact. The punishment that can be used as an alternative to imprisonment is the social work penalty. The social work penalty is considered to reduce the negative impact on the implementation of imprisonment in prisons that experience overcapacity. This research suggests that the social work criminal formulation policy should be immediately formulated in the Draft of Criminal Code (RUU KUHP).

Law Enforcement towards Online Mass Media Abuse According to the Press Law

The resolution process of law enforcement related to press offences differs in Indonesia. The disparity in resolving legal issues arising from press violations in Indonesia is due, in part, to differing interpretations of press regulations. Some actions were taken under Law No. 40 of 1999 Concerning the Press (Press Law). Some issues were resolved through the Criminal Code or the Kitab Undang-Undang Hukum Pidana (KUHP). This study is interested in looking into law enforcement against the abuse of mass media through online media in terms of press law and the Criminal Code and the barriers to its enforcement. The method used in this research is a normative juridical and empirical juridical approach. Subsequently, data analysis uses qualitative analysis methods. The paper concludes by arguing that enforcing press law against abuse of mass media through online media is accomplished by enforcing Article 5 paragraph (1) of the Press Law. However, Article 5 paragraph (1) of the Press Law does not regulate or formulate the delusions of defamation and insults as regulated in Article 310 of the Criminal Code. The absence of norms and conditions for when and in what cases the press can and cannot be brought to court for violating criminal law and sentenced to criminal sanctions is a barrier in law enforcement on the misuse of mass media through online media associated with press laws.

CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA

The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.

The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

Ultimum Remedium in Law Enforcement of Large-Scale Social Restrictions in Indonesia during the Covid-19 Pandemic

The new variant of corona virus from Wuhan is indeed very infectious. The Covid-19 has shocked the world because it is so deadly and takes many lives. So this has a significant impact on each country. Indonesia, to tackle the spread of this virus, has also implemented several ways, namely by encouraging people to live clean and healthy lives, implementing the 5M (Wearing masks, Washing hands, Keeping a distance, Staying away from crowds, Limiting mobilisation and interaction) and imposing restrictions. The government's efforts are solely for the common good. However, it is undeniable the large-scale social restrictions or Pembatasan Sosial Berskala Besar (PSBB) implementation also has an unfavourable impact on the community because their movement is restricted. This indirectly also harms the people's economic movement. So there are still some people who violate this PSBB rule. This study was conducted to determine whether the ultimum remedium is applied in law enforcement for PSBB violations. The research will use qualitative research by collecting data and news analyzation. The study results show that the government applies criminal sanctions and fines as an alternative to deter people.