¹Muhamad Arifianto ,²Retno Mawarini Sukmariningsih

^1,2University of 17 Agustus 1945 Semarang, Indonesia

DOI : https://doi.org/10.47191/ijsshr/v5-i11-35

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ABSTRACT

The forced retrieval of the bodies of COVID-19 patients from the hospital occurred during the COVID-19 outbreak, such as the case that occurred in the Surabaya District Court Decision No. 1857/Pid.sus /2021/PN.Sby, in which the decision explains that the defendants forced the bodies of Covid-19 patients to be taken from the hospital and improperly managed the bodies, as in the decision the perpetrators who committed these acts by The panel of judges were declared legally and convincingly guilty of committing a crime: "Intentionally obstructing the implementation of epidemic control". This study is to find out the judge's considerations in imposing criminal penalties on perpetrators of crimes that hinder the prevention of epidemics in Decision No. 1857/Pid.sus/2021/PN. Sby and the analysis of the judge's decision were viewed from the perspective of Lawrence Friedman's Legal System Theory. Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN. Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN.Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN.Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) legal culture (legal culture), is a living law (living law) that adopted in a society. The Judge's Decision Number: Number: 1857/Pid.sus/2021/PN. Sby is one of the efforts to carry out law enforcement so that it runs effectively and successfully.

KEYWORDS:

Crime; Outbreak Management; Lawrence Friedman.

REFERENCES

1) Hanafi Y, Ikhsan MA, Saefi M, Diyana TN, Arifianto ML. Pendidikan Agama Islam Dimasa Pandemi COVID-19: Tantangan dan respon [Internet]. Vol. 2, Banjarbaru: Grafika Wangi Kalimantan. 2017. 1–111 p. Available from: https://www.academia.edu/download/56062916/SUMBER_-_SUMBER_HUKUM_DALAM_ISLAM.pdf Justilikasi Hukum.

2) Marzuki PM. Penelitian Hukum. Jakarta: Kencana; 2011. 35 p.

3) Diantha IMP. Metodologi Penelitian Hukum Normatif dalam Justifikasi Teori Hukum. Jakarta: Kencana Prenadamedia Group; 2016. 12 p.

4) Amiruddin, Asikin Z. Pengantar Metode Penelitian Hukum. Jakarta: Rajawali Pers; 2016. 164–165 p.

5) Law of the Republic of Indonesia Number 6 of 2018 concerning Health Quarantine, Copy of Decision Number: 1857/Pid.sus/2021/PN.Sby

VOlUME 05 ISSUE 11 NOVEMBER 2022