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 |
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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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