Pemberian sanksi terhadap pelanggaran protokol kesehatan berdasarkan peraturan walikota nomor 68 tahun 2020 dalam perspektif pembentukan peraturan perundang-undangan

Abstract

The research objective is to find out how the legitimacy of the Mayor's Regulation which regulates sanctions for violations of health protocols is viewed from the perspective of the formation of laws and regulations. The type of research used is normative legal research by examining primary legal materials, secondary legal materials and tertiary legal materials. The nature of the research used is prescriptive, namely research by studying various sources in overcoming problems related to imposing sanctions on violations of health protocols based on Perwali no. 68 of 2020.. The type of research used is descriptive, that is, it is descriptive in nature to obtain an overview of certain conditions, at certain times, or regarding certain legal events in society. The results of this study are: First, Perwali no 68 of 2020. The application of discipline and law enforcement of health protocols as an effort to prevent and handle Covid 19. Where the perwali cannot regulate administrative fines, but because the president and minister have instructed the regents and mayors to make regulations regarding the application of the health protocol must contain sanctions in the regulations as well as a state of emergency regulated in "Law of the Republic of Indonesia number 27 of 1959 concerning the establishment of emergency law no. 3 of 1953 concerning the extension of the formation of level II regions in Kalimantan (State Gazette of 1953 no. 9), as a second law, the mayor of Banjarmasin number 68 of 2020 has regulated administrative fines in his guardianship but the guardianship regulates fines Administrative law is still very foreign to society. Because in the formation of laws and regulations and in the law on regional formation, it does not contain provisions on guardianship. It can regulate administrative fines in the form of paying fines. It would be even better to use administrative punishment. In administrative law, there is something called administrative crime.