Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research Article

The Enforcement of Election Criminal Law in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.18-11-2020.2311733,
        author={Diding  Rahmat and Junaedi  Junaedi},
        title={The Enforcement of Election Criminal Law in Indonesia},
        proceedings={Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={BIS-HSS},
        year={2021},
        month={9},
        keywords={law enforcement criminal acts general elections},
        doi={10.4108/eai.18-11-2020.2311733}
    }
    
  • Diding Rahmat
    Junaedi Junaedi
    Year: 2021
    The Enforcement of Election Criminal Law in Indonesia
    BIS-HSS
    EAI
    DOI: 10.4108/eai.18-11-2020.2311733
Diding Rahmat1,*, Junaedi Junaedi2
  • 1: Law Faculty of Universitas Kuningan, Indonesia
  • 2: Law Faculty of Universitas Swadaya Gunung Jati, Cirebon, Indonesia
*Contact email: didingrahmat@uniku.ac.id

Abstract

The purpose of this study was to determine the regulation of election criminal acts in Indonesia and how to enforce the law. Election crime regulations are regulated in Law Number 7 of 2017 Concerning Elections, namely Article 488 through Article 554. Election criminal law enforcement in Indonesia there are 116 cases consisting of 29 cases of money politics, 22 cases of acts harming election participants, 15 cases counterfeiting, 10 cases of campaigning in places of worship or educational institutions, 9 cases of campaigning outside the schedule, 17 cases of campaigning involving banned parties, 7 cases of campaigning using government facilities, 5 cases of destruction of props and 2 cases concerning the election of participants and their data still, then, in general, the implementation has run well even though at the level of implementation there are only weaknesses such as the substance of the regulation and sanctions for election crimes are multiple interpretations along with severe sanctions, from the structure in this case there are still law enforcement officers in this case GAKUMDU, Bawaslu, and the police. The weaknesses experienced by weaknesses such as in terms of budget, human resources and facilities and infrastructure aside from the side, culture namely the culture of the community which is still low in the awareness of elections in Indonesia, makes violations of election criminal offenses still high.