Criminal Sanctions For Violators Of DKI Prokes Is Unfair, PSI: There Are Still Many Undisciplined Police Service Personnel

Illustration- Satpol PP/Antara

JAKARTA - A member of the Regional Regulations Formation Agency (Bapemperda) of the DPRD from the PSI faction, Anthony Winza, considers the proposed criminal sanctions for violators of health protocols to be unfair and effective.

This proposal was submitted by the Governor of DKI Jakarta Anies Baswedan through the submission of a revised Regional Regulation Number 2 of 2020 concerning COVID-19 Management. This revision is being discussed by the DPRD.

Anthony considers the existence of criminal sanctions inappropriate. Because, according to him, there are still many undisciplined officers and Satpol PP officers in carrying out their duties.

"The terror approach using the deterrent effect of criminal instruments is not appropriate. Also considering that there are still many individuals in the service and Satpol PP who have not been able to show discipline or enforce the COVID Regional Regulations that have been made in 2020," said Anthony in his statement, Friday, July 23.

Anthony considers that the application of criminal law to provide a deterrent effect in the midst of a pandemic seems to make the community a scapegoat without trying to reflect on the failures of the Provincial Government in implementing Regional Regulation Number 2 of 2020.

"Failures in anticipating these problems should have been foreseen by the DKI Jakarta Provincial Government, such as increasing the ICU capacity, procuring oxygen generators, procuring crematoriums and still finding disciplinary actions from agencies and Satpol PP," said Anthony. If a criminal sanction is required, its application should not only focus on punishing the community, said Anthony.

"There is also a need for special arrangements in this COVID-19 regulation related to criminal and administrative sanctions such as the dismissal of PPNS including Satpol PP who are proven to have committed violations and disciplinary actions," he explained.

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.