CD Skripsi
Penerapan Sanksi Pidana Terhadap Pelanggar Pembatasan Sosial Berskala Besar Di Pengadilan Negeri Pekanbaru
ABSTRACT
Through the news, it was known that on April 30, 2020, the Pekanbaru District Court sentenced 16 PSBB violators in Pekanbaru. By the Public Prosecutor (PU) they were charged with violating Article 216 of the Criminal Code and Pekanbaru Mayor Regulation (Perwako) No. 74 of 2020 regarding the implementation of PSBB. According to the Public Prosecutor in the news, this was because the trial was related to violations during the PSBB period. Because the Perwako does not contain criminal sanctions, PU uses Article 216 of the Criminal Code. The basis for applying criminal sanctions to large-scale social violations in Pekanbaru City is based on Article 31 of Pekanbaru Mayor Regulation (Perwako) Number 74 of 2020 concerning the implementation of PSBB. Therefore, in the Perwako no sanctions are issued, law enforcement officers use the rules in the Criminal Code. This is of course contrary to Article 28J of the 1945 Constitution of the Republic of Indonesia.
Which aims to determine the application of criminal sanctions against violators of large-scale social restrictions in the Pekanbaru District Court. To find out the reasons and considerations used by the Pekanbaru District Court judge in imposing criminal sanctions on violators of large-scale social restrictions in Pekanbaru City.
Using Research Methods Sociological juridical research. Whereas sociological legal research can be in the form of research that wants to see the correlation between law and society. Legal research is a scientific activity, which is based on certain methods, systematics and thoughts, which aims to study one or several certain legal phenomena, by analyzing them.
Based on the research results and conclusions, the basis for the application of criminal sanctions against violators of large-scale social restrictions at the Pekanbaru District Court is Pekanbaru Mayor Regulation Number 74 of 2020 concerning Large-Scale Social Restrictions. The application of the criminal sanctions is contrary to the 1945 Constitution Article 28 letter (J). The reasons and considerations used by the Pekanbaru District Court judge in imposing criminal sanctions on violators of large-scale social restrictions in Pekanbaru City were because the suspect committed a criminal act by not carrying out the orders of the authorized officials. Which violates article 216 of the Criminal Code.
Keywords: Determination of Large-Scale Criminal Sanctions-Social Restriction
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