Limitation of Indonesian Administrative Criminal Law For Pandemic Treatment Against Health Protocols Violation

Criminal Law to deal with Corona Virus Disease 2019 (Covid-19) is under the spotlight during the handling of the pandemic. Criminal Law is intended to be used when the patient's moral responsibility to declare that he has been abroad has not been fulfilled, and the government's health protocols are ignored. Meanwhile, various laws for Covid-19 pandemic treatment do not provide strict norms; on the contrary, it is sometimes using blanket offence formulation. This study explores the limits of Administrative Criminal Law in the health sector and pandemic management to impose penalties for health protocols violation. Using the normative systematic interpretation method, the study results show no difference formulation of criminal law norms in special laws, which are administrative with criminal law norms in special laws. However, the difference exists within the theoretical realm. Administrative criminal law is not aimed at free individuals and is not socially and psychologically illegal. Still, it is aimed at humans as players of particular roles required to conform with other forms of action according to their role. Unfortunately, administrative criminal law exists outside the Criminal Code, primarily aimed at freeing individuals and socially and psychologically illegal. Law enforcement practices cannot provide a gradation for these two groups of laws—conditions where the fundamental rights of citizens are threatened by the power to impose penalties. This study proposes broadening justification and excuse in the Indonesian Criminal Code, which is appropriate for the character of administrative criminal law