Analysis of the Settlement of Money Political Criminal Actions in the Election of Regional Head in Majene District

Authors

  • Desi Amalia Anwar Universitas Hasanuddin
  • Syamsuddin Muchtar Universitas Hasanuddin
  • Amir Ilyas Universitas Hasanuddin

Keywords:

Settlement, Money Political Criminal, Money Political

Abstract

This study aims to determine and analyze the settlement of Money Politics Crimes in the Regional Head Election in Majene Regency. In this study, the author uses a juridical empirical research method, The legal materials are analyzed using a statutory approach and a conceptual approach. The results of the study indicate that: (1) The process of resolving criminal acts of money politics in the Regional Head Election of Majene Regency is considered not optimal, due to frequent conflicts of opinion related to regulations between the Sentragakkumdu parties, namely Bawaslu, the Prosecutor's Office, and the Police, which is an obstacle for the Agency. General Election Oversight (BAWASLU) in handling cases of money politics. This difference of opinion should not have occurred because the regulations governing the Violation of Money Politics Crimes have been specifically regulated in Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors, which in these rules are very clear on which ones can be categorized as Violations. Money Politics Crime. (2) A person can be held criminally responsible if he has fulfilled the elements or formulation of the offense that has been determined in the laws and regulations. Besides that, the most important thing from criminal responsibility is the existence of errors inherent in the perpetrators.

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References

Adbul Aziz, 2011. The State of Law and Democracy in Indonesia. Jogjakarta: Student Library

Abdul Kholiq, 2014, "Criminal Law Perspective on the Phenomenon of Political Money and Political Corruption in Elections".

Abdul Mannan. 2016. Comparative Study of Legal Politics in Islamic State Administration Practices and Western Legal Systems, Jakarta; date.

Adami Chazawim, 2018. Criminal Law Lessons 1. Jakarta: PT. Rajagrafindo Persada.

Andi Hamzah, 1996, Criminal Procedure Law, Sabta Artha Jaya. Jakarta

Amir Ilyas. (2020). Regional Head Election Crime. Depok: Rajawali Press.

Asfar, M. 2014. Elections and Voting Behavior 1955-2014. Surabaya: Main Library

Aspinall, E., & Sukmajati, M. (2015). Money Politics in Indonesia. Yogyakarta: PolGov.

Bambang, Poernomo, 1982. Principles of Criminal Law, G Haliya, Indonesia, Jogjakarta.

Barda Nawawi Arief, 1999. Problems with Law Enforcement and Crime Prevention Policies, PT. Citra Aditya Bhakti, Bandung.

Bima Arya Sugiyarto. (2009). Money Politics and Political Fund Management in the Reformation Era, in Wijayanto and Ridwan Zachrie (Editors). Corruption Corrupts Indonesia: Causes, Effects, and Prospects of Eradication. Main Library Gramedia. Jakarta.

Djoko Prakoso. 1987. Election Crime, Jakarta: CV Rajawali.

Fajrurrahman Jurdi. 2018. Introduction to General Election Law, Jakarta: Kencana.

Hamdan Zoelva, 2014, Legal Instruments and Money Politic Enforcement.

Hamzah Andi, 1996. Indonesian Criminal Procedure Law. Septa Arta Jaya. Jakarta

Hariyani. (2015). Pilkada Campaign Model Overcome Money Politics and Pessimistic Attitude of Voters (Theoretical Study and Concept of Implementation). Scientific Journal of Communication

Indra Ismawan. 1999. Money Politic (The Influence of Money in Elections). Jogjakarta: Mendia Persindo.

Kumolo, T. (2015). Simultaneous Election Law Politics. Bandung: PT. Mizan Publica.

Laden Marpaun. 2011. Process for Handling Criminal Cases at the Prosecutor's Office and District Court Legal Efforts and Executions Part 2. Sinar Graphic. Jakarta.

Moeljatno (2008). Principles of Criminal Law. Rineka Cipta. Jakarta.

Moeldjatno, 1987. Principles of Criminal Law. Jakarta Literacy Development.

Moeldjatno, 2000. Principles of Criminal Law. PT Rineka Cipta. Jakarta.

Nabila, N., Prananingtyas, P., & Azhar, M. (2020). The Influence of Money Politics in the Election of Legislative Members on the Continuity of Democracy in Indonesia.

Panjaitan, M. (2013). The Logic of Democracy Welcoming General Elections. Jakarta: Literary Gem. Seran, A. (2016). Democracy, People's Sovereignty, and Elections. response,

Soedjono Dirdjosisworo. (1984). Sociology of Criminology. New Light. Bandung.

Sudarto. (1983). Criminal Law and Community Development: A Study of Criminal Law Reform. New Light. Bandung.

Republic of Indonesia, 2017, Law Number 7 of 2017 concerning General Elections

Criminal Procedure Code (KUHAP)

Law Number 10 of 2016 concerning Regional Head General Elections

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Published

2022-01-15

How to Cite

Anwar, D. A., Muchtar, S. . ., & Ilyas, A. . . (2022). Analysis of the Settlement of Money Political Criminal Actions in the Election of Regional Head in Majene District. LEGAL BRIEF, 11(2), 419–436. Retrieved from https://legal.isha.or.id/index.php/legal/article/view/147

Issue

Section

National and International Criminal Law