E ISSN: 2583-049X
logo

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 4, 2024

Policy Formulation of Actions of a Carrier of an Infectious Virus Disease



Author(s): Alfiah Yustiningrum, YA Triana Ohoiwutun, I Gede Widhiana Suarda

Abstract:

The role of law in eradicating the spread of infectious disease viruses, especially those caused by carriers, is related to public health, but the law does not yet contain sanctions for these violations. So there needs to be a formulated policy regarding a person's actions as a carrier of an infectious disease virus. This article describes the relationship between criminal law in its function of preventing the spread of infectious disease viruses, examines the existence of positive law which regulates the prevention of the spread of infectious disease viruses; and projections of criminal law policies in preventing and dealing with viral diseases. This research is normative juridical, with conceptual, statutory and comparative approaches. Research results: It is necessary to formulate criminal provisions for perpetrators of the spread of infectious diseases by paying attention to basic principles, namely the principle of harmonizing the unity of the system, both internal and external harmonization. External harmonization: Synchronization with general rules in the Criminal Code as the parent of the entire material criminal law system, while internal harmonization: Synchronization with special laws. So, there is a need for legal protection for people who are victims of the spread of infectious diseases from the State. The position of criminal law meets the criteria to be applied as control over infectious disease outbreaks. This appears when a disease is spread by someone who causes illness to the point of death, which indirectly gives rise to criminal liability. The element of responsibility related to public nuisance policy is an unlawful act that causes a threat to life, health, property, morality or comfort. Management of disease outbreaks carried by carriers from a criminal law perspective is a law that has special characteristics, namely sanctions. Applying Article 351 of the Criminal Code to people who deliberately spread infectious disease viruses. The spread of an infectious disease virus by someone is considered an act of persecution. Persecution is an act that causes unpleasant feelings, pain, or injury. Using Article 90 of the Health Law combined with Article 351 of the Criminal Code because the Health Law does not contain it.


Keywords: Policies, Actions, Carriers of Infectious Viruses

Pages: 448-457

Enter your details to download article