The Sanction For Not Wearing Masks in Public Places West Sumatera Provincial on 2020 Year of Regulation in Fiqh Jinayah

Abstrak

The purpose of this study is due to the issuance of Regional Regulation (Perda) Number 6 of 2020 concerning the Adaptation of New Habits in the Prevention and Control of Covid-19 and also the obligation for every community to comply with health protocols by wearing masks in public places, washing hands and maintaining distance. As well as criminal provisions against people who violate the rules of the Regional Regulation with the threat of punishment in the form of administrative sanctions and confinement. Based on this, the author wants to know in depth how the Islamic Criminal Law reviews the sanctions for not wearing masks in public places in the provisions of Regional Regulation Number 6 of 2020. This research uses library research (Library Research) which is normative. Library research can be interpreted as a method of data collection carried out using literature (literature), both in the form of books, notes, and reports on previous research results. The research conducted included quantitative research, namely normative juridical. The primary data used in this study are West Sumatra Regional Regulation No. 6 of 2020 and the Qur'an and Hadith as  legal problems in Islamic teachings. Meanwhile, secondary data is from data collected from journals, theses, and other media by searching, recording, and studying books, documents and laws and regulations from the data obtained analyzed and reviewed using inductive, descriptive methods to obtain a review of Islamic Law on sanctions for not wearing masks in public places in Regional Regulation number 6 of 2020 concerning the adaptation of new habits in the prevention and control of Covid-19. The result of this study, that the sanction of not wearing a mask in public places contained in Regional Regulation Number 6 of 2020article 101 of Regional Regulation Number 6 of 2020 paragraph (1) is punishable by imprisonment for a maximum of 2 (two) days or a maximum fine of Rp.250,000.00 (two hundred fifty thousand rupiah). This crime can only be imposed if the administrative sanctions that have been imposed are not complied with or the violation is committed more than once. Meanwhile, in the Islamic Penal Law, the sanction of not wearing masks in public places includes takzir punishment because the application of the punishment is carried out by a judge or authority. As explained in the elements in the takzir jarimah, namely the formal, material, and moral elements contained in the punishment of takzir and the penalty of fines (tahdid) are determined by Islamic shari'a as a form of takzir punishment