Regulation of Criminal Acts of Misuse of Microorganisms in Indonesia

Legal Literacy - Criminal act of misuse microorganisms is a complex legal challenge along with the development of biotechnology. Indonesia has various regulations governing the use of microorganisms in various aspects, such as biosafety, bioterrorism, environmental pollution, and food and drug production. However, weak regulations and law enforcement mechanisms are a challenge in themselves. This article analyzes the legal arrangements related to criminal acts of misuse of microorganisms with a normative juridical approach.

Introduction

Microorganisms have broad benefits in various fields, ranging from the pharmaceutical industry to agriculture. However, their misuse can have serious impacts on public health, the environment, and national security. Therefore, clear and effective legal arrangements are needed to address the misuse of microorganisms. Several regulations have been implemented in Indonesia, but the effectiveness and coordination between regulations still need to be further reviewed.

Legal Regulations in Indonesia

Law No. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism - This regulation governs the use of biological weapons, including microorganisms, as part of acts of terrorism. In Article 10, the spread of harmful microorganisms can be categorized as a criminal act of terrorism with the threat of a maximum sentence of death. Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine - Although not directly mentioned, this regulation prohibits the import, export, or distribution of microorganisms that may endanger public health and the environment without permission. Violations of this regulation may be subject to criminal sanctions in the form of fines and imprisonment. Presidential Regulation of the Republic of Indonesia Number 1 of 2021 concerning the Management of Microorganisms - Regulates the mechanism for guidance and supervision of the Management of Microorganisms carried out by the Storage Institution.

Analysis of Weaknesses in Legal Regulations

Although Indonesia has various regulations related to the misuse of microorganisms, there are still some weaknesses in their implementation. For example, the fragmentation of existing regulations is scattered across various sectors, so there is no specific regulation that comprehensively governs the misuse of microorganisms in various contexts. In addition, the lack of supervisory bodies often lack the resources and authority to effectively take action against the misuse of microorganisms. There are No Specific Regulations on Bioterrorism. Although the Terrorism Law regulates the misuse of microorganisms as biological weapons, there are no detailed provisions regarding specific aspects of control and prevention.

Conclusions and Recommendations

To improve the effectiveness of the law in dealing with criminal acts of misuse of microorganisms, a more comprehensive approach and better harmonization of regulations are needed. Some recommendations that can be considered are: Drafting a specific law that specifically regulates the misuse of microorganisms in various sectors. Strengthening Supervisory Institutions with the allocation of larger budgets and authorities to oversee the use of microorganisms in various industries. Increased Inter-Agency Coordination to prevent legal loopholes due to overlapping regulations. Implementation of stricter sanctions to provide a deterrent effect against perpetrators of biological crimes. With the strengthening of regulations and a better oversight system, Indonesia is expected to be better prepared to face the threat of misuse of microorganisms in the context of bioterrorism, environmental pollution, as well as health and food crimes.