The implementation of elections that abuse identity politics by spreading hate speech, hoaxes, slander, and defamation carried out by election participants, their campaign teams, and among the people of each candidate's supporters, began to rampant massively, especially in the election of candidates for the Governor of DKI Jakarta 2017, thus making the implementation of elections in Indonesia polluted, with the emergence of friction between the people of DKI Jakarta and the people throughout Indonesia because he supports a candidate pair who is not the same identity as him. If something like this is allowed and repeated, it can give an open space for division and pitting against the people of Indonesia. The politicization of identity is in the form of politicizing religious and ethnic symbols as a political tool. This study examines three problems, namely first, how to politicize identity from a legal perspective, second, how to enforce the law of identity politicization, and third, how to implement democracy without politicizing identity. The approach methods used in this study are the Legislative Approach, the Case Approach, and the Sociological Jurisprudence Approach. This study utilizes primary and secondary data which are then analyzed qualitatively to interpret the legislation that is the juridical basis for the implementation of elections, especially regional elections in Indonesia. The findings of this research are expected to benefit the implementation of elections in Indonesia in the future, in order to avoid the use of Identity Politics in every campaign period, as well as recommendations to the Government, especially the President of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia as authorized officials and have the right to take the initiative in making and changing laws. to include phrases and criminal sanctions related to identity politics expressly in articles related to General Elections.