Analisis Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan Berdasarkan Asas Persamaan Didepan Hukum

Abstract

To minimize the spread of Covid-19 in Indonesia, a Health Protocol has been implemented.
However, the infection rate continued to increase until it spread throughout Indonesia. This happens
because there are still many violations of the Health Protocol, especially not wearing masks and
keeping a safe distance. Lack of public awareness of the importance of maintaining health is a factor
causing an increase in cases. As well as in the law enforcement process, health protocol violations are
considered to have occurred selectively in the application of the law by law enforcers, such as in the
case of Rizieq Sihab when he held his daughter's wedding compared to Atta Halilintar's wedding and
violations committed by state officials where no legal action was taken. So it tends to result in people
not taking their health seriously and complying with the rules. This makes the law in Indonesia does
not put forward the principle of equality before the law which is the basis that all are treated the same,
there is no difference before the law.
The type of research used is normative legal research, which is research conducted by
examining secondary data or research based on standard rules that have been recorded, called library
research. This research is descriptive in nature, namely a study that aims to make a clear and detailed
description of the problem.
The results of this study are the process of law enforcement against health protocol violations,
namely applying Article 93 of Law No. 6 of 2018 for those who violate it by imposing a 1 year prison
sentence and a 100 million fine, but it is still not running optimally and does not reflect equality before
the law. There is a disparity in legal treatment of fellow violators and the attitude of selective logging
by law enforcement officials both in imposing sanctions and not taking action against officials who
violate the health protocol. when compared to other countries' health protocol law enforcement, the
sanctions are quite heavy but effective and the apparatus has strong firmness. So the law enforcement
process should have strong integrity from law enforcement officials in enforcing the law in the midst of
society. As well as the need for additional studies in Law No. 6 of 2018 concerning health protocols
not wearing masks, maintaining distance, avoiding crowds so that there are no multiple
interpretations and the proper application of articles to actions so that justice can be properly realized
and applies equally to all Indonesian people.

Keywords: Health protocol, Law Enforcement, Equality Before the Law