CD Skripsi
Alasan Peniadaan Pidana Atas Terjadinya Tindak Pidana Pencurian Di Masa Pandemi Corona Virus Disease 2019 (Covid-19)
ABSTRACT
At the beginning of 2019 the world faced health problems due to the virus
originating from Wuhan which was Corona Virus Disease (Covid-19), and on
March 11, 2020 this outbreak was declared a pandemic. The spread of this virus
spread extensively throughout the world, including Indonesia. The impact of this
pandemic affects crime rates, crime rates and distribution maps in various worlds.
One of the influencing variables is the government's policy on social distancing and
lockdown, which in Indonesia was modified into Large-Scale Social Restrictions
(PSBB). Another impact is the slump in the economy, the number of individuals
being laid off, and the increasing number of poor people. Seeing the difficult
situation causes various changes in human behavior. The urge to meet the
necessities of life encourages someone to commit crimes because it is difficult to
earn money. Restrictions on people's freedoms in the pandemic era have reduced
people's rights. The Indonesian state has the ideals stated in the Preamble to the
1945 Constitution, namely "The government of the state of Indonesia which protects
the entire Indonesian nation and the entire homeland of Indonesia." This means
that the state was formed to protect and prosper its people. This study aims to
determine the forms of criminal acts that occurred during the Covid-19 pandemic
and to find out the reasons for the elimination of criminal acts for the occurrence
of criminal acts during the Covid-19 pandemic.
This type of research is normative legal research because it uses literature
study in searching the data. This research is descriptive in nature which provides
detailed data on the existing problems. This study uses qualitative data analysis
which means explaining and concluding the forms of criminal acts that occurred
during the Covid-19 pandemic and the reasons for eliminating the occurrence of
criminal acts during the Covid-19 pandemic. This research uses secondary data or
scientific data that has been codified.
The results of the study explain that first, the forms of criminal acts that
occurred during the Covid-19 pandemic were cybercrime, domestic violence and
street crimes. Second, a state of emergency in criminal law is called overmacht as
stated in Article 48 of the Criminal Code. In the current Covid-19 disaster, the state
declared that this condition had become an emergency. Jonkers' view is that when
it comes to the Covid-19 pandemic situation, the relevant emergency situation is
noodtostand. According to Jonkers, people who commit offenses during a pandemic
must consider the inner attitude of the person committing the offense, whether the
mental attitude is evil or the inner attitude to save himself from an emergency
situation. An action that can be waived if the maker's mental attitude is to save
himself from this situation is not because of an evil mental attitude to hoard goods
or take advantage.
Keywords: Crime, Covid-19 Pandemic, Reasons for Abolition of Crime
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