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Police Observer Pol. General Ins. Purn Sisno Adiwinoto: We need to express action of crimes use under rapid test tools, ordinary crimes with lethal wimpact.

By Cpiet Senin, 17 Mei 2021 Pengunjung (22) 4 Mins Read
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Inp.polri.go.id - Jakarta .Whereas a crime, even though it is classified as an ordinary crime, if the impact it causes has the potential to cause material loss and casualties both qualitative and quantitative, certainly attracts the attention of the public, who generally demand that justice be upheld optimally through the provision of heavy sanctions commensurate with the actions committed by the perpetrators. . An actual example, among others, is the crime of using used Antigen rapid test equipment by Kimia Farma officers which was successfully revealed by the Police at Sukarno Hatta Airport and Medan's Kualanamu Airport recently. In connection with this case, the Police Press conference which explained about the law enforcement activities carried out by the Resort Police, both from the aspect of the modus operandi and the background of the perpetrators, has received positive responses from both the wider community and the government. On the other hand, there is an impression that there is an injustice in the handling of this case because the perpetrators are only threatened with punishment. a maximum of 6 years, some even argue that the perpetrators should be subject to a sentence of ten years in prison or life imprisonment because the consequences it can cause could endanger human lives and have the potential to transmit the Covid 19 virus directly. In accordance with the spirit of the Resort Police's precision, in taking legal action against the perpetrators, what the Police must do is to reveal the perpetrator's network to its roots. not only the lower level executors but the master mind, including tracing the flow of proceeds from crime through Money Laundering Crime to create a deterrent effect that is deterrent. In addition, it is necessary to issue a verdict that can create a deterrent effect on the perpetrators according to the principle of "Salus populi suprema lex esto" (public safety is the highest law) which can be a consideration for judges in deciding the severity of the verdict in court based on mensrea (intention) and the concern of the perpetrators of the consequences for the safety of the souls of the victims. Using a used rapid antigen test can have fatal consequences for the community, especially since the scope of its distribution is very wide, so the perpetrator should receive the maximum penalty. Thus the demands of a sense of justice for society will be fulfilled, in addition to creates a strong deterrent effect on other potential new offenders to prevent similar acts. For this reason, the Resort Police should act firmly and harshly go against the perpetrators of these serious crimes who have counterfeited Covid 19 antigen test equipment, so that they can show the public that the role of the Police as a justice enforcer, providing a sense of security and protection of the community can be realized. Of course, the case handling process carried out by the Police will be perfect if in the end the perpetrator receives a punishment that is appropriate based on the applicable legal provisions. However, to be able to determine a verdict worthy of the perpetrators is in the realm of public prosecutors and judges, because in the Criminal Justice System there are institutions other than the Resort Police, namely the Attorney General's Office and the Judiciary. It is the judge who ultimately has the authority to impose sentences that are in proportion to the perpetrators. We all hope that "the principle of Salus populi suprema lex esto, public safety is the highest law" can be a guide in making a legal decision. In addition, from the normative aspect, the use of used Antigen rapid test equipment by Kimia Farma officers at Kualanamu Airport, North Sumatra and Soekarno Hatta Airport can be subject to a health law with a penalty of 10 years or a consumer protection law with a penalty of 5 years. . Law Number 36 of 2009 concerning Health which regulates the prohibition of producing or distributing pharmaceutical preparations and / or medical devices that do not meet the standards and / or safety requirements of efficacy or benefit and quality with the threat of 10 years of punishment. Law Number 8 of 1999 concerning Consumer Protection which regulates the prohibition of business actors from producing and / or trading goods and / or services that do not meet or do not comply with the standards required in the statutory provisions with a penalty of 5 years. The imposition of cumulative sanctions based on the provisions of the law will be able to provide appropriate sanctions for the perpetrators. Now is the time for law enforcement officials to prevent a similar incident from happening again throughout Indonesia. Jakarta, May 15 2021 IJP Purn Sisno Adiwinoto MM./Police Observer, ISPPI Member, KBPP Resort Police Advisor, Chief Expert Advisor to the Resort Police Chief.
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