ALASAN PENIADANAAN 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. 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 Pembatasan Sosial Berskala Besar
(PSBB). 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, one of the reasons for the abolition of the crime is the power of
coercion (overmacht). Overmacht is a condition where a person commits a crime
because of a forced situation and due to unavoidable power. When the Covid-19
pandemic is an emergency situation that is faced between human safety and obedience
to the law, the choice is human safety. However, Covid-19 does not necessarily become
the reason for eliminating all criminal acts, one must pay attention to an evil mental
attitude or an inner attitude to save oneself from an emergency situation. Prosecution
can be abolished if the mental attitude is to save itself, not the evil mental attitude to
take advantage or cause great loss.
Keywords: Crime-Covid-19 Pandemic-Reasons for Abolition of Crime.