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All Journal JURNAL DE JURE MUHAMMADIYAH CIREBON
Ikhsan Bayanulloh
Komisioner Bawaslu Kabupaten Kuningan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENANGANAN PELANGGARAN TINDAK PIDANA POLITIK UANG OLEH PANITIA PENGAWAS KABUPATEN KUNINGAN PADA PILKADA KUNINGAN DITINJAU DARI UU NO. 10 TAHUN 2016 Ikhsan Bayanulloh; Sarip Sarip
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3177

Abstract

The characteristics of a democratic state can be applied that in the hands of the people the ownership of the highest sovereignty is located, this is also in line with the contents of the constitution as stated in the provisions of Article 1 paragraph (2) of the 1945 Constitution. The concrete form of the implementation of democracy can be seen from the implementation of elections both to elect members of the legislature and or executive as well as regional head elections which are held directly by prioritizing the priority of the indicators, namely implementation in the implementation process, applicable legal rules, and how to enforce election law. As a system and mechanism, elections are expected to be carried out freely and equally/freely and fairly. Theories and ideas regarding the definition of the rule of law are numerous to be our reference in understanding it. According to Immanuel Kant in his book Methaphisiche Ansfangsgruunde der Rechtslehre, he expressed his opinion on the concept of a liberal rule of law state. The role and authority of the Kuningan Panwaskab in handling election crime violations is quite good although it still has limitations in carrying out its authority, in addition to problems in handling criminal offenses in Law no. 10 of 2016, the Panwaskab often found indecision as well as law enforcers, the prosecutor's office and the police who were members of the Gakkumdu center. Keywords: Crime, Money Politics, Pilkada, Supervisor.
PEMBUKTIAN TINDAK PIDANA POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH TAHUN 2019 Ikhsan Bayanulloh; Fahmi Fajar Mustopa; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3201

Abstract

In almost every election event in Indonesia, it can be seen that there are many violations that often characterize it, the criminal behavior of money politics, for example, is always repeated even though the threat of criminal punishment lurks the perpetrators and recipients. This situation makes it difficult to enforce the law by the Panwaslu, the Police, and the Prosecutor's Office, which are members of the Gakkumdu center, this is because there are obstacles at the time of legal proof from the interpretation and perspective of the meaning of money politics itself which is considered to still have different views/perspectives. . The application of the law and the handling of violations by the Panwaskab against money politics based on formal offenses is a criminal act that has been committed and the act matches the formulation in Article 187 A paragraph (1) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors which requires an act that is prohibited or required to be completed without mentioning the consequences or prohibited by law is the act. Keywords: Crime, Money Politics, Pilkada.
Co-Authors Fahmi Fajar Mustopa Nur Rahman Sarip Sarip