PENERAPAN SANKSI PIDANA TERHADAP PELANGGAR PEMBATASAN SOSIAL BERSKALA BESAR DI PENGADILAN NEGERI PEKANBARU

Abstract

Article 28J of the 1945 Constitution of the Republic of Indonesia clearly
emphasizes that restrictions on the implementation of human rights can only be
limited by law, should violations of large-scale social restrictions (PSBB) not be
subject to criminal penalties based on Article 216 of the Criminal Code. Criminal
sanctions are more of a deterrent effect. Criminal sanctions can only be based on
law
In writing this thesis, the type of research is sociological juridical law
research, sociological juridical law 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.
From the results of the study, it can be seen that the application of
criminal sanctions against violators of large-scale social restrictions at the
Pekanbaru District Court has been implemented, but it has caused
disappointment and objections from the defendant because it is considered that
the criminal decision is burdensome. As well as 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 in the form of
mitigating reasons and aggravating reasons. Keywords: Determination of Large-Scale Criminal Sanctions-Social
Restrictions