Principles of Criminal Justice for Hoarders of Medical Devices in the Era of Pandemic Alertness
Abstract
The complexity that arises from the balance between the motivation of the perpetrator of the crime and the situation that creates the basis for committing the crime. The emergence of scarcity due to the actions of the perpetrators of hoarding medical devices is a reality in society, so the regulation of criminal penalties must pay attention to the elements of aggravation during the emergency during the Pandemic. Thus, there are interesting legal issues to study, namely 1) What is the legal basis for the regulation of criminal penalties for perpetrators of hoarding medical devices in the era of epidemic alertness? And 2) What are the limits of hoarding medical devices in the era of epidemic alertness based on applicable positive law from the perspective of the principle of justice? The article manuscript uses a normative legal methodology with a statutory, conceptual, and case approach both in Indonesia and other countries. answering the problems contained in this article, the regulation of criminal penalties for perpetrators of hoarding medical devices in the era of epidemic alertness, both in Indonesia and the United States, aims to protect the public interest by avoiding a shortage of essential goods. Minister of Trade Regulation Number 34 of 2020, which temporarily prohibits the export of PPE during the pandemic, emphasizes that PPE is an essential item, as interpreted systematically by the Regulation. So that the Regulation becomes the legal basis for increasing criminal sanctions for perpetrators of hoarding medical devices during a crisis. The concept of criminalization of hoarding medical devices during an emergency reflects the principle of justice. Both distributive, restorative, and procedural justice. Distributive justice aims to correct the imbalance caused by the antisocial behavior of business actors who exploit emergency conditions for personal gain. Restorative justice emphasizes the restoration of losses caused by criminal acts and seeks a more humane solution by involving perpetrators, victims, and the community in the problem-solving process. And procedural justice prioritizes the rights of every individual to receive a fair and transparent legal process.
How to Cite This Article
Romi Prasetiya Nitisasmito, Ainul Azizah, Moh. Ali (2024).
Principles of Criminal Justice for Hoarders of Medical Devices in the Era of Pandemic Alertness
. International Journal of Social Science Exceptional Research (IJSSER), 3(6), 76-85.