Disagree With DKI Jakarta COVID-19 Regional Regulation Regulating Criminal Law, Nasdem: Habib Rizieq's Case Can Use Quarantine Law, Isn't That Enough?

Member of the Regional Regulation Formation Agency (Bapemperda) of the DKI DPRD from the Nasdem Faction, Wibi Andrino (Photo: personal Instagram @wibiandrino)

JAKARTA - Member of the Regional Regulation Formation Agency (Bapemperda) of the DKI DPRD from the Nasdem Faction, Wibi Andrino, admitted that he did not agree with the addition of criminal articles for violators of health protocols in Jakarta in the revision of DKI Regional Regulation Number 2 of 2020.

He conveyed this during a discussion meeting on the revision of Regional Regulation Number 2 of 2021 concerning COVID-19 Management at the DKI DPRD Building, Central Jakarta.

According to Wibi, the imposition of criminal articles has been contained in Law Number 6 of 2018 concerning Health Quarantine, such as the one that ensnared Rizieq Shihab in the case of violating health protocols.

"Should we add these spices to our regional regulation? Isn't the Health Quarantine Law enough? Mr. Habib Rizieq, his indictment is also included in the quarantine law," said Wibi, Thursday, July 22.

Wibi views that giving administrative sanctions to individuals and business entities that violate health protocols is sufficient as law enforcement.

He views that the approach to dealing with a pandemic that is directly related to the community is better persuasive.

"I think this regional regulation is quite perfect, well drafted. In fact, it is indeed a persuasive approach, a very humanist approach. However, today we are asked to add more pressing things to the public. a little bit refusing to accept it," said Wibi.

It is known, DKI Jakarta Governor Anies Baswedan wants criminal sanctions for people who violate health protocols during the pandemic in the revised Regional Regulation Number 2 of 2020.

In the draft regional regulation amendment, Anies added two articles between Articles 32 and 33, namely Articles 32A and 32B. This article adds a criminal threat.

He explained, if there are violators who repeat the act of not wearing a mask after being given social and administrative work sanctions, they will be sentenced to a maximum of three months in prison or a maximum fine of Rp. 500,000.

Furthermore, for business actors such as offices, industry, hotels, transportation, and restaurants who repeat acts of violating health protocols and have received a license revocation, they will be sentenced to a maximum imprisonment of three months or a maximum fine of IDR 50,000,000.

In reading the speech at the plenary meeting with the DPRD, Anies viewed that the provision of criminal sanctions was needed as a legal umbrella for the DKI Provincial Government to provide public health protection from the spread of COVID-19.

Unfortunately, Anies views that the administrative sanctions that are currently in effect have not been effective in providing a deterrent effect to people who violate health protocols.

The regulation of several criminal provisions is regulated by an ultimum remidium. The ultimum remidium principle is applied when administrative sanctions do not cause a deterrent effect for violators of health protocols

"We can see for ourselves that administrative sanctions have not been able to tap people's hearts in implementing the COVID-19 prevention protocol," Anies said in a speech read by DKI Deputy Governor Ahmad Riza Patria at the DKI DPRD Building, Wednesday, July 21.