Termination of Investigation on Election Crime Cases in 2019

Authors

  • Arham Syah Universitas Hasanuddin Makassar
  • Syukri Akub Universitas Hasanuddin Makassar
  • Audyna Mayasari Muin Universitas Hasanuddin Makassar

DOI:

https://doi.org/10.35335/legal.v12i1.367

Keywords:

Termination of Investigation, Criminal act, Election

Abstract

This study aims to analyze what is the basis for stopping the investigation of election crimes and analyze the ideal concept of handling election crimes in Indonesia. The type of research carried out is descriptive analysis, which is a study that intends to provide an overview of something about social phenomena that aims to provide a systematic, factual and accurate description and the discussion in this thesis uses an empirical juridical approach, namely examining existing problems juridically by using laws and regulations. -applicable legislation and legal theories supported by the study of library data. The results of the study show Termination of the investigation of cases of election crimes, based on 2 (two) reasons, namely juridical reasons and non-juridical reasons. The juridical reason is that there is not enough evidence to prosecute, this is based on the provisions of Article 7 paragraph (1) letter i in conjunction with Article 109 paragraph (2) of the Criminal Procedure Code. The non-juridical reason is that in the main case (principal) there has been a Court decision stating Liberation (Vryspraak), while the Election Crime investigated is an assessor (following) on ??the main case. Because the main case has been acquitted, the logical consequence is that the investigation of the election crime case which is assessor in nature must be stopped. 2) The ideal concept in handling election crimes in Indonesia is to strengthen the Bawaslu Institution. The granting of authority to the Bawaslu Institution needs to be carried out, that authority includes the appointment of investigators and public prosecutors. Institutionally, Bawaslu must also be independent in making decisions. Decisions issued are no longer influenced by other institutions.

Downloads

Download data is not yet available.

References

Achwan, A. (2021). OPTIMIZATION OF THE ROLE OF ELECTION MONITORS IN HELPING THE 2019 ELECTION TO REALIZE DIRECT, GENERAL, FREE, CONFIDENTIAL, HONEST AND FAIR ELECTIONS IN PATI REGENCY. Sultan Agung Islamic University, Semarang.

Alwy, S., & Afdhal, A. (2019). THERAPEUTIC AGREEMENT AS THE BASIS FOR DOCTORS IN MEDICAL TREATMENT. JOURNAL OF JUDICIAN ACT, 4(1), 1–22.

Amini, DA (2019). Legal Protection Against Traditional Cultural Expressions To Realize Creative Economy Development In Review of Law Number 28 of 2014 concerning Copyright in conjunction with Law Number 5 of 2017 concerning Cultural Advancement. Faculty of Law, Pasundan University.

Anshori, A. (2019). Medan City Public Opinion on the 2019 Presidential and Legislative Simultaneous Election. Journal of Interaction: Journal of Communication Studies, 3(2), 142–156.

ANTHONI, M., Pettanasse, S., & Nashriana, N. (2019). REFORM ARTICLE 109 KUHAP CONCERNING TERMINATION OF INVESTIGATIONS AS PART OF THE RECONSTRUCTION EFFORT OF INDONESIAN CRIMINAL LAW. Sriwijaya University.

AYUDA, F. (nd). The study of the Constitutional Court Decision Number 20/PUUXVII/2019 regarding the protection of citizens' voting rights in general elections. FACULTY OF LAW.

Bambang, S. (2021). ELECTION CRIMINAL ACTION AT INTEGRATED LAW ENFORCEMENT CENTER OF THE GENERAL ELECTION SUPERVISORY AGENCY. 17 August 1945 University, Surabaya.

Bayo, LN, Santoso, P., & Samadhi, WP (2018). Local regimes in Indonesia: redefining our democracy. Indonesian Torch Library Foundation.

DING, A. (nd). The KPU's Responsibility for the Implementation of Citizens' Suffrage in the Election of Members of the Regional People's Legislative Assembly Based on Law no. 8 of 2012 concerning General Elections for Members of the People's Representative Council, Regional Representative Council, and People's Representative Council. Nestor's Journal of Master of Laws, 1(1), 209770.

Dyah, AY (2019). Analysis of the reporting frame for the case of Ratna Sarumpaet's hoax spread in the online media of Kompas and Republika for the period of October 2018. UIN Sunan Ampel Surabaya.

Febriandi, RM (2021). INVESTIGATION OF ELECTION CRIMINAL ACTIONS DURING THE 2019 ELECTION CAMPAIGN BY SOLOK CITY POLICE SATRESKRIM INVESTIGATORS. UNES Journal of Swara Justisia, 4(4), 357–364.

Hudia, L., Arie, M., & Bariun, LO (2021). BAWASLU'S AUTHORITY IN HANDLING ELECTION VIOLATIONS BY STATE CIVIL APPARENTS. SYATTAR, 2(1), 1–17.

Muhammad, SIP (nd). THE ROLE OF THE DKPP's ETHICAL INSTITUTIONAL IN REALIZING A DEMOCRATIC ELECTION.

Pratama, RA, & Wahyudhi, D. (2020). The Problems of Settlement of Money Politic Crime Cases in General Elections. PAMPAS: Journal Of Criminal, 1(2), 152–175.

Sihombing, ENAM, Harahap, M., & Syahrir, Y. (2021). The Development of the Legislative Election System in Indonesia Before and After the Amendment to the 1945 Constitution. UMSU.

Tornado, USA (2018). Intervention of Pretrial Judges in Investigations by the Prosecutor's Office (Pretrial Decision Study Number: 19/Pra. Per/2016/Pn. Sby). Intervention of Pretrial Judges in Investigations by the Prosecutor's Office (Pretrial Decision Study Number: 19/Pra. Per/2016/Pn. Sby).

Yuliawati, N. (2021). THE EFFECTIVENESS OF HANDLING ELECTION CRIMINAL ACTIONS BY GAKUMDU BASED ON LAW NUMBER 7 OF 2017 CONCERNING GENERAL ELECTIONS. Literacy, 3(1).

Downloads

Published

2022-07-27 — Updated on 2022-07-29

Versions

How to Cite

Syah, A. ., Syukri Akub, & Audyna Mayasari Muin. (2022). Termination of Investigation on Election Crime Cases in 2019. LEGAL BRIEF, 11(3), 1525–1538. https://doi.org/10.35335/legal.v12i1.367 (Original work published July 27, 2022)

Issue

Section

National and International Criminal Law