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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan
Sulistiorini, Yayuk Dwi Agus
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pendanaan Kampanye Pemilihan Kepala Daerah oleh Negara dalam Perspektif Kejahatan Korporasi Sulistiorini, Yayuk Dwi Agus
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 3 (2022): November 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.539 KB) | DOI: 10.17977/um019v7i3p570-578

Abstract

This study aimed to analyze regional head election campaigns as a form of implementing democracy and regional head election campaign funds from the perspective of corporate crime. This study used a type of normative juridical research with a conceptual approach, statutory approach, and historical approach. Source of data used in the form of secondary legal materials. Data analysis used a qualitative descriptive technique. The study results showed that the regional head election campaign aimed to bring the community closer to the dynamics of democracy. The General Election Commission could facilitate regional head election campaign activities at the Provincial and Regency/City levels. The government's policy regarding funding campaigns for pairs of regional head candidates using the Regional Expenditure Budget in Article 65 paragraph (2) of the Regional Head Election Law was an irrelevant action. It could be categorized as the state has committed a covert corporate crime.
Dynamics of the Application of the Percentage of Vote Difference in the Resolution of Disputes Over the Results of Local Head Elections Munib, M. Abdim; Sulistiorini, Yayuk Dwi Agus
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 10, No 3 (2025): November 2025
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v10i3p263-272

Abstract

The objective of this study is to analyze the formal requirements for filing a petition to annul the results of regional head elections and to examine the issues surrounding the application of the vote margin threshold in resolving disputes over regional head election results. This study employs a normative legal research method, using a statutory, conceptual, and case approach. The findings indicate that a petition for the annulment of regional head election results must satisfy two requirements, namely the existence of discrepancies in vote calculations between the election organizers and the petitioner, and the fulfillment of the vote margin threshold ranging from 0.5 percent to 2 percent as stipulated in Article 158 of Law Number 10 of 2016. The implementation of simultaneous regional head elections from 2015 to 2024 has generated a significant number of disputes totaling 743 registered cases. The Constitutional Court has demonstrated inconsistency in applying the vote margin threshold, as 24 out of 181 accepted cases did not meet the required percentage. The Constitutional Court's decision to accept cases that failed to meet the vote margin threshold is considered to deviate from the principle of legal certainty.
Co-Authors M. Abdim Munib