INTRODUCTION
The outbreak of Covid-19 in Wuhan, Hubei Province,
China at the beginning of 2020 was relatively fast and had a relatively high
fatality rate, but it was enough to shake the lives of people and nations in
all parts of the world. Several countries immediately responded to the outbreak
of the deadly virus by issuing various policies. Several countries have set
policies by closing migration routes to China or by isolating people who have just
returned from China and conducting rapid checks to predict the spread of the
virus (Agustino, 2020). Covid-19
has claimed more than 5.62 million lives worldwide. The main cause of death due
to Covid-19 is due to thrombotic complications (Sung et al., 2022). Moreover, the
daily pattern of cases reveals that the handling of COVID-19 cases in
Indonesia, both worldwide and nationally, has seen insignificant improvements (Putera et al., 2022).
The escalating pandemic across major and emerging
nations resulted in strict lockdowns and massive interruptions in economic
activity at an unprecedented rate and magnitude (Padhan & Prabheesh, 2021). Due to the
presence of Covid-19 not only poses complex problems to solve for the health
aspect but also causes problems in almost all aspects of the implementation of
national and state life including in this is in the field of law, namely the
state is obliged to carry out judicial trials quickly (Basuki, 2020). Because of its
emphasis on people's choices and interactions, economics has an edge in
understanding (a subset of) epidemiological events, notably the Covid-19
pandemic (Shin & Vandenbroucke, 2022). This is a form of
human rights protection so that the accused can quickly obtain legal certainty
for their actions. The defendant has the right to be tried quickly without any
undue delay.
The implementation of the trial by applying the
principle of fast, cheap and visits for perpetrators of criminal acts so far as
a form of protection of human rights for perpetrators of criminal acts has so
far been no problem, because the mechanism has been regulated firmly and
clearly. However, with the emergence of the Covid-19 pandemic, one form of
government policy is to limit gatherings, limiting crowds directly so that the
spread of COVID-19 causes problems in the implementation of the trial. To
overcome this situation, the Republic of Indonesia adopted a policy to hold
online criminal case trials.
As a human being, someone who is suspected or convicted even though he has
been sentenced as a prisoner, the state is still obliged to protect their human
rights. Human rights are fundamental rights that are universally recognized as
rights inherent in humans, regardless of skin color, gender, age, cultural
background, religion or belief (Riyadi, 2019). The
perpetrators of criminal acts who in fact are considered as people who are
suspected or accused of committing acts that violate the human rights of
others, but they still have the right to obtain protection of their human
rights.
The state's policy of holding criminal case trials
online in the midst of the COVID-19 pandemic is a form of state responsibility
so that trials can still be carried out quickly, even though it cannot be
offline. The
Government Regulation was also issued in response to an increase in the number
of incidents of Covid-19 spreading across borders, which has an impact on the
political, economic, social, cultural, defense, and security dimensions, as
well as the welfare of the Indonesian people (Hasrul, 2020).
However, people now have symptoms of opposing or
rejecting the rules and guidelines set by the state. In this case, including
the guidelines issued by the government to deal with the COVID-19 pandemic.
Even though this policy was set by the government to overcome the COVID-19
pandemic in general, especially the safety of the community itself. For the
South Kalimantan area, the distribution of Covid-19 on July 19, 2022 was
positive, amounting to 84,764 people. With details, 272 people were treated,
2,542 people died and 81, 950 people recovered. Even for the city of Banjarmasin
some time ago it was included in the black category so that residents of the
City of Banjarmasin in isolation were not allowed to travel out of the city of
Banjarmasin.
This is interesting to study, namely about the
attitude of the community in responding to the provisions issued by the
Republic of Indonesia which stipulates online criminal case trials, because the
policies issued by the government will not provide benefits if they are not
implemented by the community.
METHOD
The method used in this study is the sociological
normative legal method (Efendi & Ibrahim, 2016), which is
analyzing public attitudes regarding policies issued by the state regarding
changes in criminal case trials that should be held offline to online, with the
type of inventory related to the problem. Then processed and analyzed with
normative steps.
RESULTS AND DISCUSSION
A.
Public Attitude
towards Government Policy to Restrict Activities in Public Places or Facilities
Covid-19 is an infectious disease that can quickly
infect many people. Slowing the spread of the coronavirus (COVID-19) is the
only way to end the pandemic. The wider community can take an active role in
disaster management and risk reduction (Quyumi & Alimansur,
2020).
Coronavirus Disease 2019 (COVID-19) is a new type of disease that has
never been previously identified in humans. The virus that causes COVID-19 is
called Sars-CoV-2. Corona virus is zoonotic (transmitted between animals and
humans). The average incubation period is 5 - 6 days with an incubation period
of fever, cough, and shortness of breath. In severe cases, COVID-19 can cause
pneumonia, acute respiratory syndrome, kidney failure, and even death.
Indonesia is a developing country and the fourth most populous country in the
world, and thus is expected to suffer greatly and over a longer period of time.
Corona virus 2019 or COVID-19 is a pandemic that has resulted in high mortality
rates in various parts of the world. Good knowledge about the COVID-19 pandemic
and clean and healthy living behavior as an effort to
prevent the transmission of COVID-19 is important (Waqfin, 2020).
The government's efforts to overcome the spread of
Covid-19, which has a high spread, have covered many aspects of life. According
to Arifa, in the field of education, the government
implements learning from home programs (Paramadina & Roosemella,
2021). According to Yunus and Rezki in the social
field, the government has aggressively launched the concept of community
mitigation, in the form of reducing the frequency of large gatherings, limiting
the distance between people in facilities. general, to the application of the
concept of activities that are better carried out at home. Then according to Telaumbanua in the health sector, the government is
intensively educating the public regarding the importance of clean and healthy
living, the need to wear masks when outside the home, implementing
self-quarantine for people who have high risk, as well as various guidelines
aimed at preventing the transmission of COVID-19 (Paramadina &
Roosemella, 2021).
Restrictive Policy The Indonesian government issues
a policy through Government Regulation Number 21 of 2020 concerning Large-Scale
Social Restrictions, which includes school and workplace holidays; restrictions
on religious activities; and/or restriction of activities in public places or
facilities due to the Covid-19 Pandemic causing various reactions in the
community. Many people are taking this pandemic lightly, but quite a lot of
people are taking it seriously. Differences in perception in responding to the
Covid-19 outbreak affect the shape of people's behavior.
For people who have the perception that Covid-19 is the same as other types of
disease, they tend to ignore it. The government's appeal to always comply with
the Covid-19 protocol in every activity tends to be disobeyed. The government
continues to urge the public to always wear masks, maintain distance, and
always maintain health by washing hands with soap. Based on observations of
people's behavior, only a few people want to wear
masks. Even the police and related agencies often carry out mask raids on major
roads to increase public awareness in using masks. Not only on the streets, the
police also routinely raid markets and other shopping centers.
This is done because public awareness of the use of masks is still low. On the
other hand, there are groups of people who take advantage of the pandemic as an
area of activity, for example monopolizing sales for pandemic
needs such as masks and hand sanitizer. The implication is that some people
choose not to buy these items because the prices have soared (Widodo, 2020).
Not all people take the Covid-19 pandemic lightly.
Many people also take the Covid-19 pandemic very seriously. People who are
members of this group tend to do things excessively in the face of a pandemic.
One of the consequences is the emergence of discriminatory attitudes in
society. From several residents it can be seen that this pandemic has caused
tremendous fear in the community. Moreover, with the news in the mass media
that is getting more and more intense, people are getting more and more
anxious. The implication is that there is an over-protective attitude. The goal
is to avoid contracting the Corona virus. But on the other hand, this
overprotective attitude actually has a bad impact on society. This attitude has
given birth to a new form of discrimination in society. Social relationships
that have existed for a long time can be lost due to the pandemic. They are
suspicious of each other. Even if a neighbor sneezes
or coughs, it is not uncommon for people around him to stay away (Widodo, 2020).
According to
Leo Agustino, residents' indifference to government
policies is caused by several things. First, public ignorance about the deadly
dangers of COVID-19 is very high. This ignorance is due to the weak
socialization carried out by the government, including local governments and
their staff. The Indonesian government has not been maximal in campaigning for
the necessity of clean and healthy living, including the use of masks and
washing hands, because some media can spread the coronavirus. For example, van Doremalem's study explains that the corona virus can
survive for hours to days on different mediums. Corona virus can survive
several hours in the air, survive 4 to 8 hours in copper medium, survive 24
hours in cardboard medium, and can also survive up to 3 days in plastic or
stainless-steel medium. This virus resistance must be anticipated through a
clean and healthy lifestyle. Second,
there is an interest in meeting the needs of life, causing some residents to
ignore physical or social distancing orders. This ignorance was even seen
during the implementation of Large-Scale Social Restrictions (PSBB) in several areas. Third, the absence of strict
sanctions keeps human migration high; and physical or social distancing
policies are less impactful. For example, the Ijtima Jamaah Tabligh Asia Zone 2020
event at the Darul Ulum
Complex, Gowa Regency, South Sulawesi Province which
was originally going to last four days from 19 to 22 March 2020 is an example
of how the sanctions are not firm (Widodo, 2020).
B. The Defendant's Attitude towards the Policy for
Online Trial of Criminal Cases
A policy issued
by the state is essentially aimed at the interests and benefits of all its
citizens. However, no matter how good a policy is, it will not provide benefits
in accordance with what is the purpose of the policy being made, if it is not
supported and implemented by the community. A policy is just a collection of
writings on paper that have no meaning without the support of the community as
the implementer (Airlangga, 2019).
As in the case
that became the theme in this study. Although Article 195 of the Criminal
Procedure Code stipulates that all court decisions are only valid and have
legal force if they are pronounced in a trial open to the public, the state
must take the opposite attitude from this provision due to the fact that the Covid-19
pandemic with its high death rate is not a disease. circumstances that can be
ignored. With the argument that the state is in an emergency, the
implementation of criminal case trials that should be offline will be online.
Regarding emergency conditions in constitutional
law, there are two kinds of emergency constitutional law (staatsnoodrecht).
The emergency constitutional law has its constitutional basis in the 1945
Constitution of the Republic of Indonesia. There are two constitutional
foundations for state and administrative law in the 1945 Constitution of the
Republic of Indonesia, namely Article 12 and Article 22 and Article 12 of the
1945 Constitution of the Republic of Indonesia which regulates the country in a
dangerous condition, while Article 22 of the 1945 Constitution The 1945
Constitution of the Republic of Indonesia gives the President the authority to
issue Perppu. Article 12 of the 1945 Constitution of
the Republic of Indonesia enlivens the legislators to form a law regarding the
conditions for a state of danger. The state of danger is regulated in Law/Prp/No. 23 of 1959.
Law/Prp/No. 23 of 1959 is
the legal basis for President Jokowi in tackling the Covid-19 pandemic by
implementing a civil emergency status. At first, the government seemed confused
about how to respond to the Covid-19 pandemic, because this was the first time
Indonesia was tested with a disease outbreak on a global scale. Before the
central government took action to deal with the impact of the transmission of
Covid-19, various regions had already moved to cope so that the impact of the
transmission did not spread. After about two weeks, the local government took
measures to deal with Covid-19 on its own without coordinating with the central
government, after that the central government issued several policies regarding
the handling of Covid-19.
The product is Presidential Decree no. 11 of 2020
concerning the Determination of Public Health Emergency Corona Virus Disease
2020 (Keppres No.11/2020), Government Regulation No. 21
of 2020 concerning Large-Scale Social Restrictions in the Context of
Accelerating the Handling of Corona Virus Disease 2019 (PP No. 21/2020) (Widodo & Disantara,
2021).
From the results of the study, it is known that
regarding the attitude of suspects in criminal cases who undergo trial in their
cases individually. online is divided into two groups, namely attitudes that
are classified as positive and attitudes that are classified as negative.
The attitude of the suspects who are classified as
positive regarding the trial of the criminal cases they face are as follows:
1.
Can accept
because of the covid-9 pandemic condition 2.
2.
Instead feel
happy because there is no need to meet directly with the victim/victim's family
3.
Take part in
suppressing the spread of Covid-19 9
4.
More efficient
in terms of time and transport
5.
Able to attend
the hearing immediately when it is your turn / without waiting long
6.
Not tired
because the trial is in prison
7.
No need to
mobilize from the detention center to court
8.
Protected / not
worried about contracting covid-19 from outside the prison
Then the attitude of the suspects who are classified
as negative regarding the trial of the criminal cases they face are as follows:
1.
Feeling less
clear in attending the trial because of network problems that are often
disconnected
2.
Lack of
communication with their legal advisors
3.
Some are
dissatisfied because they cannot meet directly with the victim/victim's family
to eyewitnesses
4.
Because the
network is sometimes unclear, the speaker a prosecutor
5.
Unable to
communicate freely due to network constraints
6.
Not used to
online trial
The data above shows that the attitude of the
defendants towards the existence of online courts shows that more people
respond positively than negatively. The comparison is 8 positive response items
(53.3%) and 7 negative response items (46.7%).
From the discussion of the defendant's attitude
towards the online trial, what should be the focus of the discussion here is
the fact that the majority of the negative responses from the defendants were
not due to their disagreement with the existence of their online trial, but due
to technical reasons for holding the online trial, which still had many
obstacles, namely network problems that are often disrupted so that the sound
or image of the parties involved in online court hearings is less clear. This
fact shows that the defendants, who incidentally are the most interested
parties in the implementation of online trials, can understand the urgency of
state policy to change the implementation of courts that should be offline to
online.
CONCLUSION
The public's attitude towards the government's policy of
limiting activities in public places or facilities is that they do not comply
and take it seriously. The attitude of not complying is due to the lack of
public knowledge about the dangers of Covid-19 so they tend to ignore and
because of the urgency of economic needs. While the attitude of complying is
serious because they know the dangers of Covid-19, which spreads very high and
the threat can result in death.
The defendant's attitude towards the holding of online
criminal cases shows that more people respond positively than negatively. The
comparison is 8 positive response items (53.3%) and 7 negative response items
(46.7%).
REFERENCES
Agustino, L. (2020). Analisis Kebijakan Penanganan Wabah
Covid-19 : Pengalaman Indonesia Analysis Of Covid-19 Outbreak Handling
Policy : The Experience Of Indonesia. Junal Borneo Administrator, 16(2),
253�270. Google Scholar
Airlangga, S. P. (2019). Hakikat Penguasa Dalam Negara Hukum
Demokratis. Cepalo, 3(1), 1�10. Google Scholar
Basuki, U. (2020). 75 Tahun Negara Hukum: Refleksi Atas Upaya
Meningkatkan Kesadaran Hukum Dalam Kerangka Penegakan Hukum Di Indonesia. Literasi
Hukum, 4(2), 1�20. Google Scholar
Efendi, J., & Ibrahim, J. (2016). Metode Penelitian
Hukum: Normatif dan Empiris (Pertama). Prenadamedia Group. Google Scholar
Hasrul, M. (2020). Aspek hukum pemberlakuan pembatasan sosial
berskala besar (psbb) dalam rangka penanganan corona virus disease 2019
(covid-19). Jurnal Legislatif, 385�398. Google Scholar
Padhan, R., & Prabheesh, K. P. (2021). The economics of
COVID-19 pandemic: A survey. Economic Analysis and Policy, 70,
220�237. Scopus
Paramadina, D. R. D. (2021). Edukasi Bahaya Covid-19 Daerah
Pedesaan Di Era New Normal. Pembelajaran Pemberdayaan Masyarakat, 2,
No. 1, 35. Google Scholar
Putera, P. B., Widianingsih, I., Ningrum, S., Suryanto, S.,
& Rianto, Y. (2022). Overcoming the COVID-19 Pandemic in Indonesia: A
Science, technology, and innovation (STI) policy perspective. Health Policy
and Technology, 11(3), 100650. Scopus
Quyumi, E., & Alimansur, M. (2020). Upaya Pencegahan
Dengan Kepatuhan Dalam Pencegahan Penularan Covid-19 Pada Relawan Covid. Jph
Recode, 4(1), 81�87. Google Scholar
Riyadi, E. (2019). Title Hukum Hak Asasi Manusia
(Pertama). PT RajaGrafindo Persada. Google Scholar
Shin, Y., & Vandenbroucke, G. (2022). Covid-19 Economics:
Introduction. Journal of Economic Dynamics & Control, 140,
104429. Google Scholar
Sung, P.-S., Yang, S.-P., Peng, Y.-C., Sun, C.-P., Tao,
M.-H., & Hsieh, S.-L. (2022). CLEC5A and TLR2 are critical in
SARS-CoV-2-induced NET formation and lung inflammation. BioRxiv, 1�14.
https://doi.org/10.1186/s12929-022-00832-z Google Scholar
Waqfin, M. S. I. (2020). Langkah Dasar Memutus Rantai
Penyebaran Covid-19 melalui Edukasi Protokol Kesehatan Siswa MI Al-Ikhsan. Jurnal
Pengabdian Masyarakat Bidang Pendidikan, 41. Google Scholar
Widodo, A. (2020). Pandemi dan Bentuk Diskriminasi Baru:
Sebuah Kritik Terhadap Perilaku Masyarakat Dalam Menghadapi Wabah Covid-19. Jurnal
Pendidikan Sosial Keberagaman, 7(2), 149�159.
https://doi.org/10.29303/juridiksiam.v7i2.138 Google Scholar
Widodo, H., & Disantara, F. P. (2021). Problematik
Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19. Jurnal
Suara Hukum, 3(1), 197. https://doi.org/10.26740/jsh.v3n1.p197-226 Google Scholar
THE URGENCY OF PUBLIC ATTITUDES OF
ONLINE SESSION RULES
IMPLEMENTATION IN CRIMINAL CASES DURING COVID-19 PANDEMIC