Questioning the Criminal Threat Formulation Policy on Electoral Crime
Main Article Content
Abstract
Law Number 10 of 2016 should be formulated differently from other laws, as it pertains to the second amendment to Undan-Law Number 1 of 2015, which stipulates government regulations instead of Law Number 1 of 2014, which deals with the election of governors, regents, and mayors into Law. The enactment of the Law coincides with the conduct of elections, which is not less significant, and the Law's unique nature makes it so that regional head election activities are essentially administrative. The Law is enacted every five (five) years. It is essential to take these specifics into account when forming. Both at the time of application and execution, poorly formulated policies will have consequences. Furthermore, the issue that this tulip will highlight is how the Law's policy was formulated, particularly regarding the inclusion of criminal threats for those who commit electoral offenses. This study uses a normative methodology. It is a qualitative kind of study. Secondary data is what is utilized. Researching the literature is how data is gathered. Presenting the facts in a descriptive format, the analysis is prescriptive. As per the study's findings, electoral crimes are defined as administrative infractions or crimes against election provisions. The legal penalties for electoral crimes consist of imprisonment and fines, with no enforcement measures. Election crime resolution is comparatively quick and applies across Indonesia without considering the specific circumstances in each area.
Article Details
References
Dedi Mulyadi, Perbandingan Tindak Pidana Pemilu Legislatif dalam Perspektif Hukum di Indonesia, Refika Aditama, Bandung, 2013
Barda Nawawi Arief, Beberapa Aspek Kebijakan Penegakan Hukum dan Pengembangan Hukum Pidana, PT. Citra Aditya Bakti, Bandung, 2005
Satjipto Rahardjo, Penegakan Hukum Suatu Tinjauan Sosiologis, Genta Publishing, Yogyakarta, 2011
Soerjono Soekanto, Faktor-Faktor yang Mempengaruhi Penegakan Hukum, Rajawali Pers, Jakarta, 2011
Otje Salman, Beberapa Aspek Sosiologi Hukum, Alumni, Bandung, 1993
Waluyadi, Pengantar Ilmu Hukum dalam Perspektif Hukum Positip, PT. Penerbit Djambatan, Jakarta, 2001
Ibnu Artadi, Diskresi Polisi dan Realitas Penegakan Hukum (Studi tentang penanganan kasus kriminal tertentu versi keadilan restoratif, Deepublish, Yogyakarta, 2013