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All Journal Law & Pass : International Journal of Law, Public Administration and Social Studies
Sri Rahayu Werdiningih
Universitas Muhammadiyah Yogyakarta, Indonesia
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Reformulation of the Regulation on Money Politics in the Regional Head Election Law in the Context of Criminal Law Reform in Regional Head Elections Sri Rahayu Werdiningih; Nanik Prasetyoningsih
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 2 (2026): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i2.63

Abstract

Direct regional head elections (Pilkada) in Indonesia, implemented since 2005, have not fully guaranteed the realization of democracy due to the widespread practice of money politics. Money politics, involving the exchange of money or material goods for votes, undermines the integrity of elections and distorts democratic processes. This study aims to examine the regulation of prohibitions and sanctions related to money politics within the Election Law and to formulate a concept for criminal law reform regarding money politics in Pilkada. Using a normative juridical method with a qualitative approach, the research analyzes existing legal provisions, identifies gaps and ambiguities, particularly concerning Article 73 of the Election Law, and explores the scope of subjects covered by the regulation. The findings indicate that although legal reforms have been made several times, ambiguities and loopholes remain, especially the unclear explanation of Article 73 and limited subject coverage. Therefore, this study proposes reformulating the legal norms to clarify prohibitions, broaden the scope of subjects beyond just candidates and campaign teams, and introduce protections for whistleblowers. The results of this research are expected to serve as a reference for policymakers and stakeholders in improving the legal framework for elections to ensure democratic integrity and legal certainty.
Co-Authors Nanik Prasetyoningsih