Election Crime Research Articles

Analysis of the Effeectiveness of the Integrated Law Enforcement Center (Gakkumdu) in Criminal Enforcement of the 2024 Election in Central Java based on the Principle of Legal Certainty

This study aims to analyze and examine the effectiveness of the Integrated Law Enforcement Center (Gakkumdu) in criminal enforcement of the 2024 Election in Central Java. This type of research is empirical or non-doctrinal law, the nature of analytical descriptive research. Using a qualitative approach with primary data from interviews and observations. Secondary data from books, scientific journal articles and legislative review. The results of the study show that the Central Java Gakkumdu Center has carried out its functions and authorities as a center for criminal law enforcement activities in accordance with the Election Law and Perbawaslu, but it has not been effective and legally certain. Because in handling election crime cases in 35 districts/cities as many as 110 cases, only 5 cases have permanent legal force, 2 cases stopped at the Police investigation, and 103 cases stopped at the discussion of the Gakkumdu Center. The causal factors are not in accordance with the theory of the legal system of law: (1) Legal substance: (a) the time to handle the case of election crimes is short (Speedy trial), (b) the legal subject of the perpetrator of the election crime is not fulfilled, (c) lack of evidence in the investigation of election crimes, and (d) difficulties in finding witnesses in the investigation of election crimes. (2) Legal structure: (a) many institutions in the Gakkumdu Center make coordination difficult, (b) different perceptions between institutions in the Gakkumdu Center make it difficult to determine election crimes, (c) the Gakkumdu Center is a non-institutional coordination forum in election crime enforcement, (d) the election crime enforcement coordinator Bawaslu only forwards reports and not as an election crime investigator. (3) Legal culture: (a) lack of understanding of election crime violations, (b) lack of public awareness of reporting election crimes to the gakkumdu center, (c) lack of public willingness to witness election crime cases, and (d) weak legal awareness of election participants to comply with the election law. The solutions to overcome the ineffectiveness of the Gakkumdu Center in election crime enforcement in the future: (a) the need for a single institution in election crime enforcement, and (b) the strengthening of Bawaslu's authority in election crime enforcement

SentraGakkumdu Challenges in Enforcing Election Crimes Under Law Number 7 of 2017: A Comparative Research of Indonesia and Nigeria

General elections in Indonesia are designed to ensure equality and justice for all voters and candidates, regardless of party affiliation. Despite these principles, election violations do occur, including criminal acts, breaches of ethical standards by election organizers, and administrative violations related to election procedures. To protect the integrity of elections, which is crucial for democracy, lawmakers have classified certain electoral frauds as criminal offenses. The Election Law not only outlines the procedures for conducting elections but also prohibits actions that undermine the fairness of the process and imposes penalties on offenders. The type of research in this study is normative legal research, which is a research method that focuses on written legal norms. accompanied by a comparative study of the country of Nigeria The results showed that the small number of reports of election crimes that continued to the level of investigation, prosecution, and examination in court until the issuance of a permanent legal force decision (inkracht van gewisjde) showed that the handling of election crimes in the elections had not been effective. The same is true for Nigeria through INEC. Although INEC has the authority to initiate cases of electoral offenses, it rarely does so due to a lack of supervisory capacity due to understaffing and the inability or unwillingness of the police to collect evidence and conduct investigations.

Juridical Analysis Of Handling Optimization Election Crimes At The Gakkumdu Center

Juridical Analysis Of Handling Optimization Election Crimes At The Gakkumdu Center

Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.

Industrialization of Election Infringement in Simultaneous Elections: Lessons from Sweden

Election violations are increasingly occurring on a massive scale. In Indonesia, by early 2024, 1,032 violations had been handled only for the simultaneous general elections for president, vice president, and members of national and regional legislatures. Meanwhile, the results of handling violations in the 2019 simultaneous elections increased sharply to 21,169 cases, or an increase of 58.3% from 2014. This was due to the material on Indonesia's general election regulations, which overlapped and were not in harmony with the Constitution and judges' decisions. This research aims to analyze the issues surrounding simultaneous general elections in Indonesia and outline alternative progressive policies for achieving democratic governance with dignity and integrity during the next general election. This research focuses on normative law, utilizing statutory and conceptual approaches that pertain to democracy, elections, and various types of violations. To get an overview of the new policy, this research compares the handling of election violations in Indonesia with that in Sweden. The research results show violations of the general election administration, the code of ethics for election organizers, election crimes, and other legal violations in Indonesia and Sweden. However, Sweden still maintains its democratic stability. Several election manipulation factors that become fraud or violations are the manipulation of election rules, the manipulation of vote conditioning in the form of money politics, the updating of voter lists, and the conditioning of candidate requirements to cyberattacks. Therefore, it is crucial for regulations, participants, and the voting public to reevaluate the integrity of elections.

Questioning the Criminal Threat Formulation Policy on Electoral Crime

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.

Pencegahan Pelanggaran Tindak Pidana Pemilu melalui Pendaftaran dan Verifikasi Partai Politik Berdasarkan Undang-Undang Pemilu

After 24 years of reform, the people passionately anticipate direct general elections as a process of power transition and evaluation of the performance of political parties over the previous five years. Similarly, the registration and verification phases of political parties participating in the 2024 Election, which began on Friday, July 29, 2022, and ended on Tuesday, December 13, 2022, have concluded for the 2024 Election. The requirement for verification of political parties is an effort to improve the institutions of political parties to make them more professional in their management, as well as to verify the readiness and fulfillment of the requirements of political parties, both new and those that have participated in previous elections. In addition, if the registration and verification of political parties process proceeds smoothly, the subsequent stages will also go smoothly. One is to minimize or prevent violations of election criminal acts that can diminish the wisdom and efficiency of the 2024 Election process and stages. This study uses normative and empirical research methods and qualitative analysis to examine the relationship between the registration and verification of political parties and efforts to prevent election crime violations. This study demonstrates that verifying political party candidates can assist electors in selecting credible and competent public officials. However, verification provisions and procedures can increase the chance of election crimes and electoral misconduct. Therefore, the election commission (KPU) and Bawaslu must be resolute and unaffected by any interference that could harm the integrity of elections and democracy. The community is also responsible for supervising and providing aspirations so that election regulations do not diminish enthusiasm for conducting elections with integrity.

The Role of Bawaslu Bekasi Regency in Law Enforcement on Violations of Election Crimes in 2024

The Role of Bawaslu Bekasi Regency in Law Enforcement on Violations of Election Crimes in 2024

Reformulasi Sentra Penegakan Hukum Terpadu menjadi Lembaga Independen Pemberantasan Tindak Pidana Pemilu

The practice of implementing elections in Indonesia from time to time becomes an antinomy of the principle of honesty and fairness. This practice is evidenced by the increasing number of election violations, especially election crimes. This shows that the role of the Sentra Gakkumdu, which specifically functions to eradicate election crimes, has not been effective. The most highlighted issue regarding the existence of the Sentra Gakkumdu is the weak coordination and its limited nature as a forum between Bawaslu, the Police, and the Prosecutor’s Office. This research aims to describe the problematics of election criminal law enforcement in Indonesia and the reformulation of Sentra Gakkumdu into an Independent Institution for Eradicating Election Crimes. This research was conducted using normative juridical research. The results of this study show: First, the ineffectiveness of election criminal enforcement is caused by the limited time for handling cases, the weak institutional building of Gakkumdu which includes institutional nature, authority, human resource capacity and coordination between institutions in it. Second, it is necessary to reformulate the Gakkumdu Center into an Independent Institution for the Eradication of Election Crimes. The idea of making Gakkumdu an Independent Institution departs from several weaknesses in the existing institutional building plus the complexity of handling election crimes and speedy trial design requires a special institution that focuses on handling the eradication of election crimes. The institution will later take the form of an independent institution with prevention and prosecution functions, while. The institutional structure will consist of investigators, investigators, and permanent public prosecutors led by commissioners.

Application of The Concept “Ngugemi Ajaran Leluhur” To Prevent Mon-ey Politics in Sedulur Sikep Community in Pati, Central Java

The practice of money politics is one type of electoral and regional election crime. In practice, not all money politics cases can proceed to the Courts. For example,based on data from the Bawaslu of Central Java Province, the number of alleged money politics in the 2019 election was 66 cases. Of the 66 cases that can be processed to court, only 5 cases. This can be stated that so far law enforcement against cases of money political practices in elections has not been optimal. Therefore, repressive and preventive efforts are needed. One of the preventive efforts as carried out by the Sedulur Sikep community living in Baturejo Village, Sukolilo District, Pati Regency. This community applies the concept of "ngugemi ajaran leluhur" which contains ancestral principles and teachings to reject money politics. This study is interesting because currently the values of local wisdom are starting to fade but the people of Sedulur Sikep are still implementing and maintaining the values of local wisdom. The urgency of this research is as a reference or input for the government or related institutions in the context of conceptualizing the prevention of money politics in elections. The results of this study concluded that the concept of "ngugemi ajaran leluhur" containing ancestral principles and teachings is still applied and used as a guideline for life by the Sedulur Sikep community until now. The Sedulur Sikep community's rejection of money politics in elections is based on its adherence to ancestral principles and teachings.

Legal Reconstruction of Government's Political Regulation in the Election of Regional Heads Based on Pancasila Justice Values

This research analyzes the weaknesses of the government's political and legal regulations in the current implementation of regional head elections and finds a legal reconstruction of the government's legal politics in regional head elections based on Pancasila justice values in Indonesia. In a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the weakness of the government's political and legal regulations regarding regional elections, the substance of which regulates the resolution of election crimes; Requirements as Candidates for Governor and Candidates for Deputy Governor, Candidates for Regent and Candidates for Deputy Regent, as well as Candidates for Mayor and Candidates for Deputy Mayor; Prohibition in campaigning; Criminal Sanctions Regional head elections; Simultaneous regional head elections; Community participation in organizing elections and the existence of a special electoral judicial body. Therefore, the reconstruction of the government's political and legal regulations for regional head elections as a whole based on the values of Pancasila justice in its formation can be done by synchronizing vertically with the 1945 Constitution and horizontally with the national election law starting from the planning, preparation, discussion, stipulation, and promulgation stages with adhere to principles in the formation of laws that Pancasila guides as the source of all sources of law in Indonesia by reconstructing the provisions governing the requirements for regional head candidates, candidate registration, voter data collection, campaigns, community participation, violations of the code of ethics, administration, dispute resolution, election crimes, state administration disputes, disputes over election results, formulation of criminal sanctions, implementation of simultaneous regional elections, as well as the formation of a tribunal for election crimes.

The Criminal Law Policy on the General Election System in Indonesia

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.

THE LAW ENFORCEMENT BY THE INDONESIAN NATIONAL POLICE (POLRI) TO ADDRESS THE TRIGGERS OF SOCIAL CONFLICT DURING THE 2019 ELECTIONS IN BANDAR LAMPUNG

To address the social conflict triggers during the 2019 elections in Bandar Lampung, it is necessary to implement effective law enforcement. Simply relying on repressive penal measures is insufficient to deter potential perpetrators of election crimes, hoaxes, and hate speech. Likewise, preventive non-punitive approaches are unable to effectively curb the growth of social conflict triggers. Political actors take advantage of Bandar Lampung's history of social conflict, utilizing emotional manipulation as a primary tool in fueling conflicts. Therefore, the Bandar Lampung Police, through their law enforcement authority, must take action to prevent the escalation of these conflict triggers. This paper utilizes a descriptive qualitative approach to conduct research. It focuses on studying the optimization of law enforcement by the Police to minimize social conflicts during the 2019 Election. The research gathers primary data directly from respondents and secondary data from literature studies. The discovery reveals that enforcing the law to minimize social conflicts during the 2019 elections in Bandar Lampung is a challenging task for the police. Both repressive and preventive measures face difficulties. The enforcement of penal law lacks the necessary competence and resources, resulting in limited effectiveness in reducing social conflicts through criminal sanctions. On the preventive side, cooperation between institutions is lacking, polmas policies are not implemented properly, candidate socialization is not optimal, and the SPIS function is not maximized. As a result, hoaxes, hatespeech, and money politics easily spread, causing emotional distress among affected community groups.

The Problems in Implementing the Function of the Integrated Law Enforcement Center (Gakkumdu) as an Election Law Enforcement Institution

The Integrated Law Enforcement Center, hereinafter referred to as Gakkumdu, is the center of law enforcement activities for election crimes consisting of elements. The purpose of establishing Gakkumdu is to encourage the election judicial process to take place quickly and accurately. This research aims to analyze the implementation of the Sentra Gakkumdu function in Lampung Province and the inhibiting factors in the implementation of the Sentra Gakkumdu function in election law enforcement in Lampung Province. The results showed that the implementation of the function of the Sentra Gakkumdu in law enforcement of election criminal offenses by the Sentra Gakkumdu in the elections in Lampung Province was ineffective. This can be seen from the many cases handled; not all of them have been followed up on by the Gakkumdu center. The main problem in implementing the law enforcement function of election crimes by the Gakkumdu center is that there are often differences in legal perceptions among Gakkumdu members in determining whether a violation meets the elements of an election violation.

Criminal Law Perspective In The General Elections That Occurred In Indonesia

The enactment of Law Number 7 of 2017 concerning General Elections is proof that Indonesia really designs elections on a strong, constitutional, legal basis and regulates everything related to elections on a legal basis. Enforcement of election crimes in Indonesia needs to be improved as an effort to create a democratic system that is certain and just. Without legal certainty it will lead to anarchism and result in death, therefore democracy must provide legal certainty to all parties who seek justice. So the supremacy of law must be prioritized in guarding the democratic process in Indonesia. Whether the election criminal law enforcement mechanism is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then justice has been carried out and upholds the ideology envisioned by the supremacy of law ( Rechtstaat) is based on democratic ideals to realize comprehensive justice so that election criminal law is used as a tool to postpone the ideological commitment to the ideals of establishing the Indonesian state. The aim of this research is to determine the perspective of criminal law on the implementation of elections in Indonesia. The method used in writing this research is normative juridical using statutory regulations and context.

Intersect of Money Laundering and Electoral Crimes in the Context of Election Campaign Finance

This paper aims to analyze the intersection between the PPTPPU Law and the Election Law in the context of election campaign funding, compare money laundering arrangements in the PPTPPU Law and the Election Law, and recommend ideal arrangements for handling money laundering in the context of future election campaign funding. The intersection between the PPTPPU Law and the Election Law regarding the provisions prohibiting receiving money from criminal acts has raised legal issues, namely which law should be applied, since both are special laws, furthermore this will also lead to different arrangements in each law. - the law, as well as PPATK not being involved in the handling of money laundering, which has been transformed into an election crime under the regime of the Election Law. The problem continues with the unregulated prohibition of giving election campaign fund contributions originating from criminal acts in the Election Law, and this shows the inconsistency of legislators in adopting the concept of money laundering into the Election Law. The method used is the normative legal research method. The results of the study show that based on the lex specialist systematic principle, the law that is applied is the Election Law. The Election Law does not stipulate active money laundering provisions, only regulates passive money laundering, while the PPTPPU Law regulates both; in the future, it is necessary to formulate active money laundering provisions in the Election Law.

PENEGAKAN HUKUM TINDAK PIDANA PEMILU PADA PEMILIHAN KEPALA DAERAH DI KABUPATEN LOMBOK UTARA TAHUN 2020

Pilkada is the implementation of people's sovereignty to elect regional leaders directly and democratically. It is known that the number of Election Crimes in North Lombok Regency is eight cases where only one case reached trial and was convicted. The purpose of this research is to find out the law enforcement efforts of Election Crimes in the 2020 regional head elections in North Lombok Regency. The benefits of this research are expected to contribute as a reference for election law enforcers to maintain and uphold elections in accordance with electoral principles. This type of research is empirical legal research using a case approach, conceptual approach, and statutory approach. This research then results in that election crimes are resolved by the North Lombok Regency Gakkumdu Center consisting of elements of the North Lombok Resort Police, the Mataram District Attorney's Office and the North Lombok Regency Bawaslu, which in its implementation, the understanding and focus of knowledge regarding elections and law enforcement of criminal acts are different, resulting in many events registered as alleged violations of election crimes at the North Lombok Regency Bawaslu that cannot be handled until the trial in court, due to factors of fulfillment of the elements of the article, evidence and interpretation of the article among the North Lombok Regency Gakkumdu Center personnel who mostly do not find conclusions that are in agreement with each other.

Pemilu Adil dan Bermartabat: Suatu Tinjauan Sistem Hukum Lawrence M. Friedman

The effectiveness of regulations regarding elections that are able to provide fair and appropriate sanctions in any election violations that have been committed based on the applicable legal system can determine the success of organizing transparent and accountable elections. Lawrence M. Friedman explains the elements of the legal system consist of legal structure, legal substance, and legal culture. This research is a normative legal research that uses a conceptual research approach using primary legal materials, secondary legal materials, and non-legal materials. The result of this research is that the legal structure related to general elections still has obstacles related to the efforts to process the handling of alleged election criminal violations. In terms of legal substance, Law Number 7 Year 2017 needs to explain in more detail about election crimes and the qualifications of actions taken are offenses or crimes. As well as in terms of legal culture, both election organizers, election participants and the public as voters have not fully realized the nature or purpose of general elections. So that law enforcement in general elections based on Law Number 17 of 2017 concerning General Elections has not been effective based on a review of the legal system according to Lawrence M. Friedman.

Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat

Abstract
 Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.

Legal Aspects in Handling Criminal Acts in the 2019 Election

This research meticulously examines the legal framework and the procedures involved in addressing election crimes in Indonesia, as outlined in Law No. 7 of 2017, and evaluates the effectiveness of Sentra Gakkumdu, a pivotal coordination forum in the electoral crime enforcement process. The primary objective is to dissect and analyze the legal intricacies and practical challenges in enforcing laws against election crimes, with a spotlight on the ambiguities and potential conflicts within the current system. Through normative legal research methodology, the study delves into the statutory regulations and engages with various primary, secondary, and tertiary legal materials to construct a comprehensive understanding of the election crime handling procedures. It highlights the absence of clear election crime definitions, identifies several weaknesses in Law No. 7 of 2017, and critiques the ambiguous role and limited effectiveness of Sentra Gakkumdu. The paper concludes by calling for significant improvements and clarifications in the existing legal frameworks to ensure fair, efficient, and effective handling of election crimes, thereby bolstering public confidence in the electoral process and upholding the principles of legal certainty and justice in the realm of Indonesian elections.