Criminal policy needed for the recovery of socio-political conditions for resilience following the covid 19 pandemic

Criminal policy needed for the recovery of socio-political conditions for resilience following the covid 19 pandemic

Criminal policy needed for the recovery of socio-political conditions for resilience following the covid 19 pandemic

Author – BHAVYA. S, Student at ALLIANCE UNIVERSITY, BANGALORE

Best Citation – BHAVYA. S, Criminal policy needed for the recovery of socio-political conditions for resilience following the covid 19 pandemic, ILE Monthly Review, 1 (3) of 2023, Pg. 27-31, ISBN – 978-81-961828-8-5

ABSTRACT

The Enforcement of Community Activity Restrictions (PPKM), formerly known as the Large-Scale Social Restriction Policy (PSBB), forbids public gatherings. Activities within the community are restricted, which has an impact on social life and law enforcement. The steps of criminal law enforcement in Indonesia are expressly regulated by Law Number 8 of 1981 governing the Criminal Process Code, which must be followed. All of these phases have one thing in common: they all involve some sort of in-person examination of all criminal procedural law topics. As a result, there is an issue under unusual conditions. In order to achieve the restoration of the socio-political condition of national resilience following the COVID-19 pandemic, this study intends to investigate criminal law enforcement practises during the COVID-19 pandemic in Indonesia. A qualitative descriptive method was adopted in this study. According to the study’s findings, criminal processes only involve face-to-face exams when following Law Number 8 of 1981 concerning Criminal Procedure Law (lex generalis). There hasn’t been a regulation governing online exams since COVID-19, leaving a void in the law (rechtsvakum) that needs to be filled. The Attorney General’s Office, the Supreme Court, and the Ministry of Law and Human Rights were awarded a Collaboration Agreement (PKS) for the Execution of Trials Using Teleconferencing During the COVID-19 Pandemic on April 13, 2020. Discretion or criminal policy is required to resolve issues.

Keywords: criminal policy, covid-19 pandemic, national resilience