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Violators of Emergency PPKM Can Be Sentenced to 1 Year in Prison

Jakarta, CNN Indonesia — Law enforcement officials will use Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases, or the Criminal Code (KUHP) against violators of the Emergency Community Activity Restriction (PPKM).

The maximum penalty is imprisonment for one year and a fine of IDR 1 million. The Head of the AGO Legal Information Center, Leonard Eben Ezer Simanjuntak, said that the instruction was contained in Letter Number: B-132/A/SKJA/06/2021 dated June 30, 2021.

“Ensuring that every violator of the health protocol is subject to strict and indiscriminate sanctions and ensuring that the sanctions imposed are able to provide a deterrent effect to both perpetrators and other members of the community,” Leonard said in a written statement, Monday (5/7).

He said violators of the Emergency PPKM rules were not only subject to minor criminal offenses (tipiring). “For certain violators, the provisions of Article 14 of Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases can also be applied, or Articles 212 and 216 of the Criminal Code,” Leonard said.

Article 14 of Law 4/1984 states: Whoever deliberately obstructs the implementation of epidemic control as regulated in this Law, is threatened with imprisonment for a maximum of 1 (one) year and/or a maximum fine of Rp. 1.000.000,- ( one million rupiah).

Meanwhile, Article 212 of the Criminal Code, states: Whoever by force or threat of violence against an official who is carrying out a legitimate task, or a person who according to statutory obligations or at the request of an official provides assistance to him, is threatened for fighting an official, with a maximum imprisonment one year and four months or a maximum fine of Rp. 4,500.

Leonard added that Attorney General ST Burhanuddin had ordered the Head of the High Prosecutor’s Office and the Head of the District Attorney’s Office to ensure that any health violators during the Emergency PPKM period were subject to strict sanctions indiscriminately.

The Attorney General, Leonard said, also asked his staff to ensure that every procurement and distribution of goods related to the handling of the Covid-19 pandemic ran smoothly.

“And take firm action against any efforts that have the potential to hinder or thwart the procurement and distribution of the said goods,” said Leonard.

The Head of the High Prosecutor’s Office and the Head of the District Attorney’s Office were also asked to coordinate with the Covid-19 Task Force, the Police, the Regional Government / Civil Service Police Unit, and the Court in conducting judicial operations to enforce the Emergency PPKM disciplinary law.

Leonard said Burhanuddin as the Attorney General emphasized to his staff to carry out the Letter of the Attorney General of the Republic of Indonesia Number: B-132/A/SKJA/06/2021 dated June 30, 2021, without hesitation.

“To be able to provide a deterrent effect on violations of government policies regarding Covid-19 Emergency PPKM in the context of controlling the spread of Covid-19 by providing support and special attention to the implementation of PPKM activities,” he said. For the law enforcement process on the results of the judicial operation, Leonard said, it can be carried out by strictly implementing the health protocol according to the Attorney General’s Letter Number: B-049/A/SUJA/03/2020 dated March 27, 2020 concerning Optimizing the Implementation of Duties, Functions, and Authorities. In the midst of efforts to prevent the spread of Covid-19.