Village Head Violating PPKM Only Fined Rp. 48 Thousand, Banyuwangi District Court: Not The Value But Social Punishment

BANYUWANGI - Village Head (Kades) Temuguruh Asmuni was sentenced to pay a fine of IDR 48 thousand for violating PPKM rules for holding a celebration.

Deputy Chairman of the Banyuwangi District Court Khamozaru Waruwu said there was nothing wrong with the judge's verdict. The judge, according to him, referred to the East Java Provincial Regulation Number 1 of 2019 concerning the implementation of peace, public order, and community protection. In the regulation, the maximum fine is Rp. 50 thousand.

"Perhaps the judge referred to the regional regulation because it says there is a maximum fine of 50,000," he said, Tuesday, July 27.

Meanwhile, on the same day, member of the Banyuwangi DPRD, Syamsul Arifin, also underwent a minor criminal trial (tipiring) at the Banyuwangi District Court. He was found guilty and sentenced to a fine of Rp. 500 thousand for holding his son's celebration.

Khamozaru explained that the reason for the different fines was because the panel of judges might refer to different rules.

In Syamsul's trial, the judge referred to the East Java Governor's Regulation number 53 of 2020 regarding the implementation of Prokes during the Covid-19 pandemic. In this regulation, the maximum fine is stated at Rp. 500 thousand.

Khamozaru said that the nominal or the value of the fine cannot be a measure of the deterrent effect. According to him, the deterrent effect is subjective because social punishment can actually provide a more deterrent effect.

"When there is social punishment from the community, he becomes embarrassed. So it's not based on the value or value," he said.

According to him, when an official is found guilty, it can be called a social punishment.

"It has become a social punishment, he cannot be a role model for the community. This is a deterrent effect, not a value or a fine," he said.