Penegakan Hukum Terhadap Tindak Pidana Money Politik Pada Pemilu 2019

Abstract

In its development, election crime in Indonesia has undergone many changes, in the form of increasing types of criminal acts to differences in the addition of criminal sanctions. This is due to the fact that election crimes are increasingly becoming a more serious concern because the measure of the success of a democratic country is seen from its success in holding elections. The government then tightened the rule of law regarding elections by further increasing criminal sanctions for perpetrators of election crimes. Furthermore, with the hope that with the existence of Law Number 7 of 2017 as the latest Law on the election of members of the DPR, DPD and DPRD as the rules for implementing elections that have been perfected from the previous Law. This law anticipates a criminal act and states that there are 4 (four) institutions involved in handling election criminal cases, namely the Election Supervisory Committee (Panwaslu), the Police, the Attorney General's Office and the Court. With regard to money politics, Article 280 paragraph (1) letter j and Article 286 paragraph (1) of the Election Law stipulate prohibitions for election campaigners, participants, and election campaign teams as well as candidate pairs (candidates for President and Vice President), candidates for DPR, DPD, Provincial DPRD, Regency / Municipal DPRD, campaign executor, and / or campaign team promise and / or give money or other materials to influence election organizers and / or voters. Meanwhile, Article 282 contains prohibitions for state officials, structural officials, and functional officials in government positions, as well as village heads from making decisions and / or taking actions that benefit or disadvantage one of the election participants. The prohibition on money politics is also contained in Article 69 paragraph (1) letter j and Article 72 of KPU Regulation Number 23 of 2018 concerning the General Election Campaign. Furthermore, if there are elements that are detrimental to state finances, Law Number 31 of 1999 concerning Eradication of Corruption (Corruption Eradication Law) can also be applied. Even though there are laws and regulations, the practice of money politics in elections still occurs. Law enforcement regarding money politics in Indonesia has several shortcomings. This deficiency is caused by several factors, namely legal factors, infrastructure factors, community factors, and cultural factors. In addition, sometimes law enforcement officers themselves sometimes still participate in the successful implementation of money politic. Keyword : Crime; Money Politics; Elections.