TESTING THE NEED FOR SETTING CRIMINAL PROVISIONS IN ADMINISTRATIVE CRIMINAL LAW TO REDUCE OVERCRIMINALIZATION
Overcriminalization has become a severe problem in establishing a legal and regulatory regime. Therefore, standards must test the need for setting criminal provisions, especially in administrative, criminal law, to reduce overcriminalization. The study uses a mixed quantitative and qualitative methods. Quantitative approaches are used to simulate the need for testing the regulation of criminal provisions in the administration of criminal law in the health field. The Delphi method conducted simulations to gain consensus from seven respondents. Qualitative approaches are used to analyze simulation results with normative juridical approaches. The normative juridical approach is carried out regarding laws and regulations in health and relevant principles. Based on the test results, many administrative actions should not be criminalized if the criminal function is a request remedial. Therefore, this test can be used to determine the need for setting criminal provisions to reduce overcriminalization.
Criminal Provisions, Administrative, Criminal Law, Overcriminalization, Ultimum Remedium