Syntax Literate: Jurnal Ilmiah Indonesia p–ISSN:
2541-0849 e-ISSN: 2548-1398
Vol. 9, No. 3, Maret 2024
POLICIES RELATING TO
CRIMINAL ECONOMIC LAW TO OVERCOME THE COVID-19 PANDEMIC IN INDONESIA
Apri Ando Simanjuntak1, Firmansyah Nasution2
Universitas Airlangga, Surabaya, East Java, Indonesia1,2
Email: [email protected]1, [email protected]2
Abstrak
The legal vacuum (leemten in het
recht) surrounding Criminal Economic Law in Indonesia amid the
unprecedented Covid-19 pandemic necessitates the formulation of appropriate
legal policies to address this novel phenomenon. This study aims to elucidate
the existing legal policies pertaining to Criminal Economic Law in Indonesia
and to propose policies specifically tailored to mitigate the impact of the
Covid-19 pandemic. Adopting a normative legal research approach with a
legislative and conceptual focus, the study examines both substantive and
procedural legal aspects. The findings reveal two main categories of policies:
those of substantive law and procedural law. These policies strive to strike a
balance between providing deterrence against economic crimes while considering
the unique challenges posed by the Covid-19 pandemic. In conclusion, the study
underscores the importance of formulating legal policies that reflect
proportional justice, effectively deterring economic crimes while considering
the context of the ongoing public health crisis.
Keywords:
Economic
Criminal Law, Criminal Law Policy, Covid-19 Pandemic
Introduction
Corona
Virus Disease 2019 has become a world pandemic which causes various risks
throughout the world
In Indonesia, the
Covid-19 virus first entered on Monday, March 2 2020
In the Decree Of The President Of The Republic Of Indonesia 11/2020 it is
explained: "To establish: Decree Of The President On The Stipulation Of
Public Health Emergency Corona Virus Disease 2019 (COVID-19). FIRST: Establish
the Corona Virus Disease 2019 (COVID-19) as a type of disease that causes a
Public Health Emergency. SECOND: Establish that the Public Health Emergency
Corona Virus Disease 2019 (COVID-19) in Indonesia must be mitigated in
accordance with the provisions of the laws and regulations. THIRD: This Decree
of the President comes into force from the date of its promulgation.” From
these provisions, it can be understood that there are 2 (two) important things
stipulated by the Indonesian Government: 1) Establish the Corona Virus Disease
2019 (COVID-19) as a type of disease that causes Public Health Emergency; 2)
Establish that the Public Health Emergency Corona Virus Disease 2019 (COVID-19)
in Indonesia must be mitigated in accordance with the provisions of the laws
and regulations
The existence of
the Decree of the President of the Republic of Indonesia 11/2020 which later
became legitimacy, that Indonesia was in a state of emergency, due to Covid-19,
so that many aspects of Indonesia were affected and had to be adjusted, for
example related to social life, the economy, law and so on
One of the things
that must be changed in a structured, fast and comprehensive manner by the
Indonesian Government is related to existing legal policy
In order to deal
with the conditions of the Covid-19 Pandemic to adapt to existing conditions,
the Indonesian Government issued several regulations, including:
1.
Circular Of The Chief Of The
Tax Court Number Se-06/Pp/2020 Of 2020 On The Third Amendment To
Circular Of The Chief Of The Tax Court Number Se-03/Pp/2020 On Guidelines For
Adjusting The Implementation Of Trials And Administrative Services During The
Prevention Of The Spread Of Corona Virus Disease 2019 (Covid-19) Within The Tax
Court
2.
Task Force For The Handling Of
Covid-19 Circular Number 4 Of 2020 On
Health Protocols For Personal Travel During The Corona Virus
Disease 2019 (Covid-19) Pandemic
3.
Circular The Minister Of Trade
Number 12 Of 2020 The Resumption Of Trading Activities During The Corona Virus
Disease 2019 (Covid-19) Pandemic And The New Normal
4.
Circular Of The Head Of Task
Force For The Handling Of Covid-19 Number 2 Of 2021 On Health Protocols For
International Travel During The Corona Virus Disease 2019 (Covid-19) Pandemic
5.
Circular Of The Minister Of
Agrarian Affairs And Spatial Planning/The Head Of The National Land Agency
Number 1/Se-100.Hr.01.01/Ii/2021 Of 2021 On The Ease Of Services In The
Stipulation And Registration Of Land Titles During The Corona Virus Disease
2019 (Covid-19) Emergency Response Period
6.
Circular Of The Minister Of Industry
Number 4 Of 2020 On The
Implementation Of Factory Operations During The Period Of Public Health
Emergency Of Corona Virus Disease 2019
7.
Circular Of The Minister Of
Industry Number 7 Of 2020 On
Guidelines For The Submission Of Applications For Industrial Activity
Implementation Permits During The Period Of Public Health Emergency Of Corona
Virus Disease 2019 (Covid-19)
8.
Circular Of The Minister Of
Industry Number 8 Of 2020 Reporting Obligation For Industrial Companies And
Industrial Areas Companies With Operational And Mobility Permits For Industrial
Activities
9.
Circular The Minister Of
Transportation Number Se 16 Of 2023 On Health Protocols For Travelers By Air
Transportation During The Coronavirus Disease 2019 (Covid-19) Endemic
Transition Period
10.
Circular The Minister Of
Transportation Number Se 17 Of 2023 On
Health Protocols For Travelers By Railway Transportation During
The Coronavirus Disease 2019 (Covid-19) Endemic Transition Period
One type of legal
policy that is needed to undergo significant changes in dealing with the
Covid-19 problem is legal policy related to criminal economic law
Table 1. Number of Crimes from 2021-2022
Region |
Number of
Crimes Based on Regional Police Data |
|
2021 |
2022 |
|
Aceh |
6651 |
10137 |
North Sumatra |
36534 |
43555 |
West Sumatra |
5666 |
7691 |
Riau |
7512 |
12389 |
Jambi |
3701 |
5359 |
South Sumatra |
13037 |
11453 |
Bengkulu |
3493 |
3613 |
Lampung |
9764 |
11022 |
Kep. Bangka Belitung |
1566 |
2072 |
Kep. Riau |
2481 |
3358 |
Metro Jaya |
29103 |
32534 |
West Java |
7502 |
29485 |
Central Java |
8909 |
30060 |
In Yogyakarta |
4774 |
10591 |
East Java |
19257 |
51905 |
Banten |
3434 |
5038 |
Bali |
2404 |
6304 |
West Nusa
Tenggara |
6296 |
5296 |
East Nusa
Tenggara |
4909 |
5991 |
West
Kalimantan |
4048 |
3975 |
Central
Kalimantan |
2399 |
3189 |
South
Kalimantan |
4973 |
5016 |
East
Kalimantan |
4564 |
4221 |
North
Kalimantan |
971 |
1280 |
North Sulawesi |
6215 |
9618 |
Central
Sulawesi |
5139 |
5453 |
South Sulawesi |
14636 |
28679 |
Southeast
Sulawesi |
2431 |
3828 |
Gorontalo |
2445 |
2488 |
West Sulawesi |
1500 |
2027 |
Maluku |
3139 |
2383 |
North Maluku |
1008 |
1220 |
West Papua |
2784 |
4083 |
Papua |
6236 |
7584 |
Total
Crime in Indonesia |
239481 |
372897 |
Source:
Bps.go.id
The legal problem
that arises is a legal vacuum (leemten in het recht) related to the form of
legal policy regarding Criminal Economic Law To
Overcome The Covid-19 Pandemic In Indonesia, considering that a pandemic like
this is something new in Indonesia that has never happened before. Therefore,
it is necessary to have an appropriate legal policy description. The legal
policy description must reflect proportional justice, which must provide a
deterrence effect, but on the other hand must also pay attention to the
conditions of the Covid-19 Pandemic.
Based on the
description above, the problem formulation in this article is: 1) How are
Policies Relating to Criminal Economic Law in Indonesia? 2) How do Policies
Related to Criminal Economic Law to Overcome the Covid-19 Pandemic in
Indonesia?
To ensure the
novelty of this article, several articles that are similar and different from
this article will be described; (1) Estella Baker's article entitled: "The
Crisis that Changed Everything: Reflections of and Reflections on
COVID-19" was published in the European Journal of Crime, Criminal Law and
Criminal Justice Volume 28, Number 4, 2020. In this article, the focus of the
discussion is related to handling criminal acts during the Covid-19 Pandemic in
Europe
Research methods
This research is legal research. Legal research
is the process of finding legal rules, legal principles and legal doctrines to
answer the legal issues faced
e of approach in legal research that provides an
analytical perspective on solving problems in legal research seen from the
aspect of legal concepts and the doctrine behind them, or can even be seen from
the values contained in the norming of regulations relating to these
concepts. concepts and doctrines used
In this article use primary and secondary
materials for analysis. The primary and secondary legal materials selected are
legal materials to answer legal issues related to the Formulation of Policies
Related to Criminal Economic Law to Overcome the Covid-19 Pandemic
Results and Discussion
Policies Relating to Criminal Economic Law in Indonesia
In order to resolve economic criminal disputes
in Indonesia in Indonesia, they must be classified into 2 (two), namely
settlements related to material law and formal law
In
Indonesia, regarding related material lawPolicies Relating to Criminal Economic
Law, generally qualify into 2 (two), namely criminal acts regulated in the
Indonesian Penal Code (KUHP) and criminal acts regulated outside the Criminal
Code or commonly referred to as special criminal acts
Table
2. Classification of Economic Crimes in the Criminal Code
Number |
Chapter |
Classification of Crimes |
Chapter |
1.
|
Chapter X |
Counterfeiting Currency and
Banknotes |
244-252 of the Criminal Code |
2.
|
Chapter XI |
Forgery of Seals and Brands |
253-262 of the Criminal Code |
3.
|
Chapter XII |
Letter Forgery |
263-276 of the Criminal Code |
4.
|
Chapter XVII |
Unlocking Secrets |
322-323 of the Criminal Code |
5.
|
Chapter XXII |
Theft |
362-367 of the Criminal Code |
6.
|
Chapter XXIII |
Blackmail and Threats |
368-371 of the Criminal Code |
7.
|
Chapter XXIV |
Embezzlement |
372-377 of the Criminal Code |
8.
|
Chapter XXV |
Fraudulent Acts |
378-395 of the Criminal Code |
9.
|
Chapter XXVI |
Actions that harm debtors or
people who have rights |
396-405 of the Criminal Code |
10. |
Chapter XXVII |
Destroying or Damaging Items |
406-412 of the Criminal Code |
11. |
Chapter XXVIII |
Malfeasance |
413-437 of the Criminal Code |
12. |
Chapter XXIX |
Shipping Crimes |
438-479 of the Criminal Code |
13. |
Chapter XXIX A |
Aviation Crimes and Crimes
Against Aviation Facilities/Infrastructure |
479a-r of the Criminal Code |
14. |
Chapter XXX |
Publishing and Printing
Protection |
480-485 of the Criminal Code |
Source: Indonesian Penal Code
(KUHP)
In
the Criminal Code, some of these offenses are no longer valid, because they
have been specifically regulated (lex specialis) in separate laws or are
usually referred to as special criminal offenses. This special law also regulates
material criminal law specifically, so that when there is a conflict between
the Criminal Code and special rules, the special rules are used, in accordance
with the principle of lex specialis derogat legi generali
One
of the laws outside the Criminal Code which is often said to be the main source
regarding Criminal Economic Law policies in Indonesia is the Emergency Law of
the Republic of Indonesia Number 7 of 1955 concerning the Investigation,
Prosecution and Trial of Economic Crimes. In fact, in view. In fact, there are
parties who interpret criminal acts in the economic sector in a narrow sense as
only all actions listed in the Emergency Law of the Republic of Indonesia
Number 7 of 1955 concerning Investigation, Prosecution and Trial of Economic
Crimes
What is called an economic crime is:
1e. violation of a provision in or based on: a.
"Ordonnantie Gecontroleerde Goederen 1948" ("Staatsblad"
1948 No. 144), as amended and supplemented by "Staatsblad" 1949 No.
160; b. "Prijsbeheersing-ordonnantie 1948" ("Staatsblad"
1948 No. 295); c. "Hoarding of Goods Act 1951" (State Gazette 1953
No.4); d. "Rijsterdonnantie 1948" ("Staatsblad" 1948 No.
253); e. "Emergency Law on rice milling obligations" (State Gazette
of 1952 No.33); f. "Deviezen Ordonnantie 1940" ("Staatsblaad"
1940 No. 205).
2e. the criminal acts referred to in articles
26, 32 and 33 of this emergency law;
3e. violation of a provision in or based on
another law, simply the law calls the violation an economic crime."
Thus, according to this narrow view, criminal
acts outside the qualifications contained in the Emergency Law of the Republic
of Indonesia Number 7 of 1955 concerning Investigation, Prosecution and Trial
of Economic Crimes do not qualify as economic crimes.
According
to the author, this view is not entirely correct, because apart from the
Emergency Law of the Republic of Indonesia Number 7 of 1955 concerning the
Investigation, Prosecution and Trial of Economic Crimes, there are other laws
that regulate economically motivated criminal acts, even in the Criminal Code
alone, as described above also exists. However, the Emergency Law of the
Republic of Indonesia Number 7 of 1955 concerning the Investigation,
Prosecution and Trial of Economic Crimes can be said to be the central law that
regulates Economic Crimes in Indonesia
There
are several laws which are the embodiment of economic criminal law policy
regulations, including
Table
3. Classification of Economic Crimes in Various Legislation
Number |
Type of Offense |
Constitution |
1.
|
Offenses related to
Corruption |
Law Of
The Republic Of Indonesia Number 31 Of 1999 On Eradication Of The Crime Of
Corruption Jo. Law No. 20/2001 on Amendment To Law
No. 31/1999 On Corruption Eradication |
2.
|
Offenses related to Money
Laundering |
Law Of
The Republic Of Indonesia Number 8 Of 2010 On The Prevention And Eradication
Of Money Laundering Crime |
3.
|
Banking Offenses |
Law N0.7/1992 On The Banking System Jo. Law No.10/1998 Concerning Amendment
To Law N0.7/1992 On The Banking System |
4.
|
Offenses against Monopoly
Practices and Unfair Business Competition |
Law Of
The Republic Of Indonesia Number 5 Of 1999 On Prohibition Of Monopolistic
Practices And Unfair Business Competition |
5.
|
Offenses Relating to Consumer
Protection |
Law Of
The Republic Of Indonesia Number 8 Of 1999 On Consumer Protection |
6.
|
Offenses related to Bank
Indonesia |
Law Of
The Republic Of Indonesia Number 23 Of 1999 On Bank Indonesia |
7.
|
Foreign Exchange Traffic
Offenses and the Exchange Rate System |
Law Number 24 of 1999 on
Foreign Exchange Traffic and the Exchange Rate System |
8.
|
Offenses related to the
Exclusive Economic Zone |
Law Number 5 of 1983
concerning the Indonesian Exclusive Economic Zone |
9.
|
Offenses related to Fiduciary |
Law Of
The Republic Of Indonesia Number 42 Of 1999 On Fiduciary Security |
10. |
Offenses related to Oil and
Gas |
Law Of
The Republic Of Indonesia Number 22 Of 2001 On Oil And Gas |
Source: Andi Hamzah (2017)
Regarding
the regulation of formal criminal law as an embodiment of Policies Related to
Criminal Economic Law, it generally refers to Law Number 8 of 1981 concerning Criminal
Procedure Law (KUHAP). The Criminal Procedure Code regulates procedures related
to handling Criminal Economic Law which must be adhered to by law enforcers.
However, when there is a law that specifically regulates the procedural law of
a criminal act, then that special law is used, as in Article 284 paragraph (2)
of the Criminal Procedure Code which regulates: "Within two years after
this law is promulgated ", then the provisions of this law apply to all
cases, with the temporary exception of special provisions on criminal
procedures as stated in certain laws, until there are changes and/or they are
declared no longer valid." Furthermore, in the Elucidation of Article 284
paragraph (2) of the Criminal Procedure Code: “a. What is meant by all cases are
cases that have been submitted to court; b. What is meant by "special
provisions on criminal procedures as stated in certain laws" are special
provisions on criminal procedures as stated in, among other things: 1. Law
concerning the investigation, prosecution and trial of economic crimes (Law
Number 7 Drt. 1955); 2. Law concerning the eradication of criminal acts of
corruption (Law Number 3 of 1971); provided that all special provisions of
criminal procedures as stated in certain laws will be reviewed, changed or
revoked within the shortest possible time."
The
above description of Material and Formal Criminal Law is a manifestation Formulation
of Policies Related to Criminal Economic Law in Indonesia. With proportional
enforcement of these two laws, it is hoped that there will be enforcement of
economic criminal law that reflects justice, usefulness and legal certainty, in
accordance with the legal ideals (rechtsidee) of Gustav Radbruch
Policies Related to Criminal Economic Law to
Overcome the Covid-19 Pandemic in Indonesia
Associated with policies related to criminal economic law to overcome the
Covid-19 pandemic in Indonesia, can be qualified into 2 (two), namely related
to material law and formal law. This is to ensure that the policies formed by
the Government related to criminal economic law to overcome the Covid-19
pandemic in Indonesia can be comprehensive. Thus, not only materially, but
formally it does not cause problems
Materially,
one of the policies taken by the Government is related tocriminal economic law
to overcome the covid-19 pandemic in Indonesia is to issue Regulation Of The
Government In Lieu Of Law Of The Republic Of Indonesia Number 1 Of 2020 On
State Financial And The Stability Of The Financial System Policies For The
Mitigation Of Coronavirus Disease 2019 ( Covid-19) Pandemic And/Or To Deal With
Threats That Are Potentially Harmful To The National Economy And/Or The
Stability Of The Financial System. This policy is in the form of a Regulation Of The Government In Lieu Of Law, so that means, this policy
was issued, because of a compelling emergency
One of the
essential regulations in the Regulation Of The Government In Lieu Of Law Of The
Republic Of Indonesia Number 1 Of 2020 On State Financial And The Stability Of
The Financial System Policies For The Mitigation Of Coronavirus Disease 2019
(Covid-19) Pandemic And /Or To Deal With Threats That Are Potentially Harmful
To The National Economy And/Or The Stability Of The Financial System related to
Policies Related to Criminal Economic Law to Overcome the Covid-19 Pandemic in
Indonesia are Articles 27 and 28. The following are the complete arrangements :
a) Article
27 Regulation Of The Government In Lieu Of Law Of The Republic Of Indonesia
Number 1 Of 2020 On State Financial And The Stability Of The Financial System
Policies For The Mitigation Of Coronavirus Disease 2019 (Covid-19) Pandemic
And/Or To Deal With Threats That Are Potentially Harmful To The National
Economy And/Or The Stability Of The Financial System:
(1) Costs that have been incurred by the Government and/or
agency which is a member of KSSK for the purpose of implementation of state
revenue including policies in the sector of taxation, state expenditure
policies including policies in the regional financial sector, financing
policies, financial system stability policies, and national economic recovery
programs, shall be a part of economic costs to rescue the economy from crisis
and not a state loss.
(2) Members of KSSK, Secretary of KSSK, members of KSSK
secretariat, and officials or employees of the Ministry of Finance, Bank
Indonesia, the Financial Services Authority, as well as Indonesia Deposit
Insurance Company, and other officials, who are related to the implementation
of this Regulation of Government in Lieu of Law, shall not be prosecuted based
on both civil and criminal procedures if the implementation of their duties is
based on good faith and in accordance with laws and regulations.
(3) Any actions, including decisions that are made based on
this Regulation of the Government in Law, are not lawsuit claims that may be
filed to state administrative justice.
b) Article 28 Regulation Of The Government In Lieu Of Law Of The
Republic Of Indonesia Number 1 Of 2020 On State Financial And The Stability Of
The Financial System Policies For The Mitigation Of Coronavirus Disease 2019
(Covid-19) Pandemic And/Or To Deal With Threats That Are Potentially Harmful To
The National Economy And/Or The Stability Of The Financial System:
At the time this Regulation of the Government in Lieu of Law comes
into force:
1)
provisions on the periods that
are regulated in Article 11 paragraph (2), Article 17B paragraph (1), Article
25 paragraph (3), Article 26 paragraph (1), and Article 36 paragraph (1c) of
Law Number 6 of 1983 on General Provisions and Procedures for Taxation (State
Gazette of the Republic of Indonesia of 1983 Number 49, Supplement to the State
Gazette of the Republic of Indonesia Number 3262) as amended several times,
most recently by Law Number 16 of 2009 on Stipulation of Regulation of the
Government in Lieu of Law Number 5 of 2008 on Fourth Amendment to Law Number 6
of 1983 on General Provisions and Procedures for Taxation into Law (State Gazette
of the Republic of Indonesia of 2009 Number 62, Supplement to the State Gazette
of the Republic of Indonesia Number 4999);
2)
Article 55 paragraph (4) of
Law Number 23 of 1999 on Bank Indonesia (State Gazette of the Republic of
Indonesia of 1999 Number 66, Supplement to the State Gazette of the Republic of
Indonesia Number 3843), as amended several times, most recently by Law Number 6
of 2009 on Stipulation of Regulation of the Government in Lieu of Law Number 2
of 2008 on Second Amendment to Law Number 23 of 1999 on Bank Indonesia into Law
(State Gazette of the Republic of Indonesia of 2009 Number 7, Supplement to the
State Gazette of the Republic of Indonesia Number 4962);
3)
Article 12 paragraph (3) along
with its elucidation, Article 15 paragraph (5), Article 22 paragraph (3),
Article 23 paragraph (1), Article 27 paragraph (3), and Article 28 paragraph
93) in Law Number 17 of 2003 on State Finances (State Gazette of the Republic
of Indonesia of 2003 Number 47, Supplement to the State Gazette of the Republic
of Indonesia Number 4286);
4)
Article 3 paragraph (3) of Law
Number 1 of 2004 on State Treasury (State Gazette of the Republic of Indonesia
of 2004 Number 5, Supplement to the State Gazette of the Republic of Indonesia
Number 4355);
5)
Article 22 paragraph (2) and
paragraph (3) of Law Number 24 of 2004 on Indonesia Deposit Insurance
Corporation (State Gazette of the Republic of Indonesia of 2004 Number 96,
Supplement to the State Gazette of the Republic of Indonesia Number 4420) as
amended by Law Number 7 of 2009 on Stipulation of Regulation of the Government
in Lieu of Law Number 3 of 2008 on Amendment to Law Number 24 of 2004 on
Indonesia Deposit Insurance Corporation into Law (State Gazette of the Republic
of Indonesia of 2009 Number 8 , Supplement to the State Gazette of the Republic
of Indonesia Number 4963);
6)
Article 27 paragraph (1) along
with its elucidation, Article 36, Article 83, and Article 107 paragraph (2) of
Law Number 33 of 2004 on Financial Balance between the Central Government and
Regional Governments (State Gazette of the Republic of Indonesia of 2004 Number
126, Supplement to the State Gazette of the Republic of Indonesia Number 4438);
7)
Article 171 of Law Number 36
of 2009 on Health (State Gazette of the Republic of Indonesia of 2009 Number
144, Supplement to the State Gazette of the Republic of Indonesia Number 5063);
8)
Article 72 paragraph (2) along
with its elucidation of Law Number 6 of 2014 on Village (State Gazette of the
Republic of Indonesia of 2014 Number 7, Supplement to the State Gazette of the
Republic of Indonesia Number 5495);
9)
Article 316 and Article 317 of
Law Number 23 of 2014 on Regional Governments (State Gazette of the Republic of
Indonesia of 2014 Number 244, Supplement to the State Gazette of the Republic
of Indonesia Number 5587) as amended several times, most recently by Law Number
9 of 2015 on Second Amendment to Law Number 23 of 2014 on Regional Governments
(State Gazette of the Republic of Indonesia of 2015 Number 58, Supplement to
the State Gazette of the Republic of Indonesia Number 5679);
10)
Article 177 letter c number 2,
Article 180 paragraph (6), and Article 182 of Law Number 17 of 2014 on People's
Consultative Assembly, House of Representatives, and Regional Representative
Council, Regional House of Representatives (State Gazette of the Republic of
Indonesia of 2014 Number 182, Supplement to the State Gazette of the Republic
of Indonesia Number 5568) as amended several times, most recently by Law Number
13 of 2019 on Third Amendment to Law Number 17 of 2014 on People's Consultative
Assembly, House of Representatives, and Regional Representative Council,
Regional House of Representatives (State Gazette of the Republic of Indonesia
of 2019 Number 181, Supplement to the State Gazette of the Republic of
Indonesia Number 6396);
11)
Article 20 paragraph (2) and
paragraph (3) of Law Number 9 of 2016 on the Prevention and Control of
Financial System Crisis (State Gazette of the Republic of Indonesia of 2016
Number 70, Supplement to the State Gazette of the Republic of Indonesia Number
5872); and
12)
Article 11 paragraph (22),
Article 40, Article 42, and Article 46 of Law Number 20 of 2019 on State Budget
of 2020 (State Gazette of the Republic of Indonesia of 2019 Number 198,
Supplement to the State Gazette of the Republic of Indonesia Number 6410),
shall
be declared invalid insofar that they are related to state financial policies
to handle the spread of Coronavirus Disease 2019 (COVID-19) and/or for the
purpose of facing threats that harm the national economy and/or financial
system stability based on this Regulation of the Government in Law.
The importance of
these two provisions is because these provisions provide forgiving reasons for
perpetrators who have the potential to commit criminal acts. This provision
provides legal protection so that policy makers do not experience fear in
making policies, during the Covid 19 Pandemic which incidentally must be
responsive
As time went by, there was a Constitutional Court Decision Number
37/PUU-XVIII/2020 which basically stated Article 27 paragraphs (1) and (3)
Regulation Of The Government In Lieu Of Law Of The Republic Of Indonesia Number
1 Of 2020 On State Financial And The Stability Of The Financial System Policies
For The Mitigation Of Coronavirus Disease 2019 (Covid-19) Pandemic And/Or To
Deal With Threats That Are Potentially Harmful To The National Economy And/Or
The Stability Of The Financial System conditionally unconstitutional
The form of formal legal policy, related to Criminal Economic Law
to Overcome the Covid-19 Pandemic in Indonesia, is the implementation or use of
online examination mechanisms. For example, Regulation of the Supreme Court of
the Republic of Indonesia Number 4 of 2020 concerning the Administration and
Trial of Criminal Cases in Court Electronically (which has now been amended by
Regulation of the Supreme Court of the Republic of Indonesia Number 8 of 2022
concerning 'Amendments to Regulation of the Supreme Court Number 4 of 2020
concerning Administration and Trial Criminal Cases in Court Electronically)
Conclusion
Regarding the Criminal Economic Law to Overcome the
Covid-19 Pandemic in Indonesia policy, there are 2 (two), namely policies that
are material law and formal law. The material legal policy that is regulated is
related to the reasons for forgiveness and the formal law is related to the
implementation or use of online examination mechanisms. In order to prepare for
the future, the Indonesian government should repair and improve existing
infrastructure, so that the infrastructure will be ready, in case similar
conditions will be established when the pandemic attacks Indonesia again.
BIBLIOGRAPHY
Abrianto, B. O., Ibrahim, F., & Nugraha, X. (2020).
Reformulating The Concept of State Principles Based
on Ideological and Technocratic Strategic as A Sustainable Development
Direction. LAW REFORM, 16(1), 112–126.
https://doi.org/10.14710/LR.V16I1.30309
Afiyanto, M., Herini, R. R., Aisyah, S., Nugraha, X., Mashuri, M., & Firmansyah, R. (2021). Analisis Pengujian Keputusan Penganugerahan Gelar Doktor Kehormatan (Doktor Honoris Causa) di Pengadilan Tata Usaha Negara: Studi Kasus Putusan Mahkamah Agung Nomor 79/Pk/Tun/2013. Syntax Literate ; Jurnal Ilmiah Indonesia, 6(2), 1727–1746. https://doi.org/10.36418/Syntax-Literate.V6I2.5472
Aziani, A., Bertoni, G. A., Jofre, M., & Riccardi, M. (2023). COVID-19 And Organized Crime: Strategies Employed By Criminal Groups To Increase Their Profits And Power In The First Months Of The Pandemic. Trends in Organized Crime, 26(2), 114–135. https://doi.org/10.1007/S12117-021-09434-X/FIGURES/1
Azmi Sitorus, A., & Firdaus Rahmadi, M. (2021). Disinkronisasi Kebijakan Pemerintah Indonesia Dalam Penanganan COVID-19. Jurnal Renaissance, 6(1), 721–732. https://doi.org/10.53878/JR.V6I1.137
Bachmid, F. (2023). Pembentukan Peraturan Pemerintah Pengganti Undang-Undang Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020. REFORMASI, 13(2), 195–203. https://doi.org/10.33366/RFR.V13I2.4479
Baker, E. (2020). The Crisis that Changed Everything: Reflections of and Reflections on COVID-19. In European Journal of Crime, Criminal Law and Criminal Justice (Vol. 28, Issue 4, pp. 311–331). Brill Nijhoff. https://doi.org/10.1163/15718174-28040001
Dongmei, P., & Jiahui, M. (2022). Criminal Law Regulation Of Criminal Acts Involving COVID-19 Epidemic. Vestnik Sankt-Peterburgskogo Universiteta. Pravo, 13(1), 181–205. https://doi.org/10.21638/spbu14.2022.110
Firdaus, A., & Pakpahan, R. H. (2020). Kebijakan Hukum Pidana Sebagai Upaya Penanggulangan Kedaruratan COVID-19. Majalah Hukum Nasional, 50(2), 201–219. https://doi.org/10.33331/MHN.V50I2.61
Fitri, W. (2020). Implikasi Yuridis Penetapan Status Bencana Nasional Pandemi Corona Virus Disease 2019 (COVID-19) Terhadap Perbuatan Hukum Keperdataan. Supremasi Hukum: Jurnal Kajian Ilmu Hukum, 9(1), 76–93. https://doi.org/10.14421/SH.V9I1.2125
Hamzah, A. (2017). Kejahatan di Bidang Ekonomi: Economic Crimes. Sinar Grafika.
Hartini, T. (2022). Legal Policy of Protection COVID-19 Patients in Hospitals. Journal of Human Rights, Culture and Legal System, 2(1), 45–57. https://doi.org/10.53955/jhcls.v2i1.25
Jeremiah Setiawan, P., Nugraha, X., & Putri Tanbun, E. (2023). The Paradigm of Termination of Employment Relationship Againts Worker/Labor Suspected in Criminal Action. Pena Justisia: Media Komunikasi Dan Kajian Hukum, 22(3), 263–282. https://doi.org/10.31941/PJ.V22I3.2239
Juliani, H. (2020). Analisis Yuridis Kebijakan Keuangan Negara dalam Penanganan Pandemi Covid-19 Melalui Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2020. Administrative Law and Governance Journal, 3(2), 329–348. https://doi.org/10.14710/ALJ.V3I2.329-348
Kurniawan, F., Nugraha, X., & Srihandayani, L. (2020). Implementing the Undue Influence Doctrine (Misbruik Van Omstandigheden) as a Reason for Annulment of Agreement in Indonesia: An Evolution of the Law Through Court Decisions. Journal of Talent Development and Excellence, 12(1), 3035–3047.
Kurniawan, F., Taufiqurrohman, Moch. M., & Nugraha, X. (2022). Legal Protection of Trade Secrets over the Potential Disposal of Trade Secrets Under the Re-Engineering Precautions. Jurnal Ilmiah Kebijakan Hukum, 16(2), 267–282. https://doi.org/10.30641/Kebijakan.2022.V16.267-282
Mulyadi, M. (2021). Tindak Pidana Korupsi Sebagai Tindak Pidana Khusus Dalam Rancangan Kitab Undang-Undang Hukum Pidana. Jurnal Hukum Pidana Dan Kriminologi, 2(1), 96–112. https://doi.org/10.51370/JHPK.V2I1.40
Nainggolan, I. L. (2022). Politik Hukum Penanggulangan COVID-19: Kajian Hukum Administrasi Kesehatan. Scripta : Jurnal Kebijakan Publik Dan Hukum, 2(1), 141–152. https://journal.puskapkum.org/index.php/scripta/article/view/13
Nugraha, X., Felicia, S. A., & Hartono, J. (2022). Public Participation in Constitutional Amendments with Deliberation Requirements in the Unamendability Framework: A Comparative Study. Mulawarman Law Review, 102–118. https://doi.org/10.30872/MULREV.V7I2.904
Nugraha, X., Izzaty, R., & Putri, A. A. (2019). Reconstruction of Minimum Age for Marriage as a Form of Legal Protection for Women (Analysis of Constitutional Court Decision No. 22/PUU-XV/2017). Lex Scientia Law Review, 3(1), 40–54. https://doi.org/10.15294/LESREV.V3I1.30727
Nugraha, X., Murti, K., & Putri, S. (2019). Third Parties’ Legal Protection over Agreed Authorized Capital Amount by Founders in Limited Liability Companies. Lentera Hukum, 6(2), 173–188. https://doi.org/10.19184/EJLH.V6I1.9676
Nugraha, X., Raharjo, K. W., Ardhiansyah, A., & Raharjo, A. P. (2021). An Analysis of The Offense of Unpleasant Action in Article 335 Paragraph (1) of The Indonesian Criminal Code. Jurnal Hukum Volkgeist, 5(2), 151–159. https://doi.org/10.35326/VOLKGEIST.V5I2.678
Pradita, A., Widodo, W., Susandy, A., Budiastuti, D. K., & Triana, Y. (2022). Penolakan Pasien Non Covid oleh Rumah Sakit di Masa Pandemi Covid-19. Jurnal Ilmiah Multidisplisn Indonesia, 2(1), 156–162.
Rahman, K. (2021). Modernisasi Persidangan Perkara Pidana Pasca Diterbitkannya Peraturan Mahkamah Agung Nomor 4 Tahun 2020 Tentang Administrasi Dan Persidangan Perkara Pidana Di Pengadilan Secara Elektronik. Lex Renaissance, 6(4), 705–718. https://doi.org/10.20885/JLR.VOL6.ISS4.ART5
Ramdania, D. (2021). Eksistensi Undang-Undang Drt Nomor 7/1955 Dalam Penegakan Hukum Di Bidang Ekonomi (Economic Crimes). Wacana Paramata, 20(1), 1–14.
Rinaldy Bima, M. (2019). Hal Ikhwal Kegentingan Yang Memaksa Sebagai Landasan Pembentukan Peraturan Pemerintah Pengganti Undang-Undang. Jurnal IUS Kajian Hukum Dan Keadilan, 7(1), 97–106. https://doi.org/10.29303/IUS.V7I1.595
Setiawan, P. J., Nugraha, X., & Wibowo, W. (2021). Equating Villa with Theft Offense"House" in Aggravated. Lambung Mangkurat Law Journal, 6(1). https://doi.org/10.32801/lamlaj.v6i1.224
Setiawan, P., Nugraha, X., & Enrick, M. (2020). Analisis Kedudukan Keterangan Korban Terkait Kejahatan Terhadap Harta Kekayaan Dalam Lingkungan Keluarga: Sebuah Antinomi Antara Hukum Materil Dengan Formil. Al-Daulah: Jurnal Hukum Pidana Dan Ketatanegaraan, 9(1), 99–118.
Solihin, D., & Verahastuti, C. (2020). Profitabilitas Sektor Telekomunikasi di Tengah Pandemi Covid-19. AKTUAL, 5(2), 91–98. https://www.e-journal.stie-aub.ac.id/index.php/aktual/article/view/775
Sukmana, M., & Yuniarti, F. A. (2020). The Pathogenesis Characteristics and Symptom of Covid-19 in the Context of Establishing a Nursing Diagnosis. Jurnal Kesehatan Pasak Bumi Kalimantan, 3(1), 21–28. https://doi.org/10.30872/J.KES.PASMI.KAL.V3I1.3748
Syarifudin, A., Khoiriyah, F., Saputro, H. E., & Malik, A. (2021). Evaluasi Kampanye Pilkada Serentak Pada Masa Pandemi COVID. Jurnal Hukum Samudra Keadilan, 16(2), 204–217. https://doi.org/10.33059/JHSK.V16I2.4212
Taufiqurrohman, Moch. M., Fahri, M. T., Wijaya, R. K., & Wiranata, I. G. P. (2021). The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia. Jurnal Penelitian Hukum De Jure, 21(4), 473. https://doi.org/10.30641/dejure.2021.v21.473-488
Telaumbanua, D. (2020). Tinjauan Yuridis Penetapan Kedaruratan Kesehatan Masyarakat Akibat COVID-19. Jurnal Education And Development, 8(2), 30–30. https://doi.org/10.37081/ED.V8I2.1659
Temnov, E. I. (Evgeniĭ I. (2010). Zvuchashchai︠a︡ i︠u︡risprudent︠s︡ii︠a︡ = Iurisprudentia eloquenta. Wolters Kluwer.
Wahyu, S., Waruwu, N., & Siahaan, C. (2021). Kebijakan Pemerintah Dalam Mencegah Penyebaran COVID-19 Di Kepulauan Nias. Jurnal Ekonomi, Sosial & Humaniora, 3(04), 1–7. https://www.jurnalintelektiva.com/index.php/jurnal/article/view/652
Wicaksana, Y. A. (2021). Dualisme Pemaknaan Asas Lex Specialis Derogat Legi Generali. Jurnal Verstek, 9(3), 680–685.
Winarsi, S., Oktafian Abrianto, B., Nugraha, X., & Shevierra, D. (2021). Optimization the Role of APIP (Government Internal Supervisory Apparatus) in the Region as a Preventive Action in the Criminal Act of Corruption in Indonesia | Psychosocial. Review of International Geographical Education Online, 11(4), 208–215. https://www.psychosocial.com/article/PR280151/16398
Zaman, M. N. U., Puji, D., & Simatupang, N. (2023). Pengecualian Objek Gugatan Tata Usaha Negara Dalam Keadaan Darurat COVID-19. 20(1), 1829–8117.
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