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PENEGAKAN HUKUM PIDANA TENTANG PEMILIHAN UMUM (STUDI KASUS PADA PEMILIHAN ANGGOTA DPR, DPD DAN DPRD DI SUMATERA BARAT TAHUN 2009) Ardyan, Ardyan; Ismansyah, Ismansyah; Yoserwan, Yoserwan
Jurnal Kepemimpinan dan Pengurusan Sekolah Vol. 9 No. 2 (2024): June
Publisher : STKIP Pesisir Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34125/jkps.v9i2.454

Abstract

The criminal provisions in each law regarding General Elections (Elections) always increase, this is because there are still acts which in previous elections were not regulated as election crimes. The 2004 and 2009 Election Laws regulate procedural law and time limits for enforcing election criminal law. The Chairman of the Indonesian Election Supervisory Agency (Bawaslu), the Chief of the Indonesian Police and the Attorney General have made a Memorandum of Agreement to form an Integrated Law Enforcement Center (Sentra Gakkumdu) which contains elements from the Police, Prosecutor's Office and Election Supervisory Committee (Panwaslu) and is formed at the center, province and districts/cities which aims to effectively handle election crimes in accordance with the principles of justice, namely fast, simple and low cost as well as free, honest and impartial. The enforcement of election criminal law in the 2009 elections should have been more effective, but it turns out that based on Bawaslu's report the enforcement of election criminal law was very ineffective. This can be seen from the 2629 cases of election criminal violations, only 215 of which were decided in court. Referring to this problem, using a sociological juridical (empirical) legal research method, namely research carried out by analyzing data sources and then conducting interviews to reveal what problems occurred, what the coordination pattern actually was carried out by the Panwaslu with the Gakkumdu Center, how the Panwaslu and The Gakkumdu Center follows up on reports/findings of violations of election crimes, to determine whether many cases forwarded by the Panwaslu to the Gakkumdu Center are declared not to be election crimes, or there is not enough evidence, or the time for resolving election crimes will exceed the time limit, as well as looking for any factors which is an obstacle for both Panwaslu and the Gakkumdu Center in enforcing the law for election crime violations. From the research results, it turns out that coordination between the Panwaslu and the Gakkumdu Center went well, but enforcement of the criminal law for the election of members of the DPR, DPD and DPRD in 2009 failed, this was because reports submitted to the Panwaslu were reviewed and then submitted to the Gakkumdu Center to be reviewed again before being forwarded. to investigators. In the end, the Gakkumdu Center is no longer a forum for speeding up the resolution of handling election crimes, instead it acts as a filter for cases that will be passed on to the trial stage. Apart from that, there is a problem of differences in perception between who has the authority to declare suspected criminal acts, whether the Panwaslu or the Police, and then there is a shifting of duties between each other. for collecting evidence between Investigators and Panwaslu, and it cannot be denied that the quality of Panwaslu's human resources is very limited, most recently due to time restrictions for enforcing election criminal law as regulated in the law on elections. Therefore, it would be better if the law on elections strengthens the position of the Gakkumdu Center as the central institution for reporting and enforcing election criminal law, no longer the Panwaslu.
The Form Of Resolving The Laka Lalu Case With A Restorative Justice Approach According To Police Regulation Number 8 Of 2021 On Handling Criminal Acts Based On Restorative Justice Ardyan, Ardyan; Sitompul, Ariman; Ruslan, Ruslan
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3752

Abstract

AbstractJudicial procedures in Indonesia in resolving criminal cases have not been in accordance with the wishes society to feel fair in law. People who feel less Justice issued opinion or criticism of judicial procedures in indonesia. The problem of traffic accidents refers to the act No. 22/2009 on LLAJ and Criminal Procedure Code. The second legal basis for the settlement of traffic accident cases it is not yet possible to solve problems based on restorative justice. This research aims to find out and analyze procedures to solve the problems of past accidents traffic that can cause casualties both serious injuries and fatalities using the approach of Justice restorative justice according to police Regulation Number 8 of 2021 on handling criminal acts based on Justice Restorative, a form of settlement of accident cases and then with a restorative justice approach according to the police Perarturan Number 8 of 2021 on handling criminal acts based on restorative justice and legal certainty to resolve the issue of laka and then with a restorative justice approach. Methods used in this research using empirical approach and normative juridical approach to the paradigm of analysis qualitative data. Research and Discussion: 1. Legal arrangement for settlement of traffic accident cases it is not based on restorative justice. 2. Legal weaknesses in the settlement of traffic accident cases using a restorative justice approach. 3. Reconstruction of last accident settlement law cross with restorative justice approach, namely by revising the provisions of Article 230 and Article 235 U.S. No. 22/2009 on LLAJ, so that the case of traffic accidents light, medium and heavy can based on restorative justice. Excluded against traffic accidents that cause casualties soul, the resolution of things based on restorative justice does not drop the prosecution of thingsKeywords: Settlement Of Traffic Matters, Justice, Restorative.