Reorientation Of The Ultimum Remedium Principle In Handling Economic Crime Regarding Protective Equipment And Covid-19 Medications

Christianto, Hwian (2023) Reorientation Of The Ultimum Remedium Principle In Handling Economic Crime Regarding Protective Equipment And Covid-19 Medications. Jurnal Bina Mulia Hukum, 7 (2). pp. 171-186. ISSN 2528-7273; EISSN: 2540-9034

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Abstract

Applying the ultimum remedium principle to economic crimes needs to be studied from a regulatory perspective concerning the situation during the Covid-19 pandemic. The normative juridical research method combines a statutory approach with a conceptual approach. Both approaches provide a comprehensive understanding of the ultimum remedium principle in legislation and a contextual understanding of economic crimes during the Covid-19 pandemic. The results show that Emergency Law 7/1955 applies the primum remedium principle with a double-track punishment system, while Trade Law applies the ultimum remedium principle. Handling economic crimes related to providing personal protective equipment and/or medications to prevent and recover from Covid-19 infections can be considered essential goods and important commodities are given the situation and conditions during the Covid-19 pandemic in Law Number 7 2014. Applying Trade Law meets the ultimum remedium principle but does not prioritize the recovery of economic losses suffered.

Item Type: Article
Uncontrolled Keywords: covid-19 pandemic; economic crime; ultimum remedi
Subjects: H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
R Medicine > R Medicine (General)
Divisions: Faculty of Law > Department of Law
Depositing User: HWIAN CHRISTIANTO
Date Deposited: 18 Apr 2023 04:35
Last Modified: 18 Apr 2023 04:35
URI: http://repository.ubaya.ac.id/id/eprint/44021

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