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All Journal Ius Poenale Journal of Legal Contemplation
Hasan, Aslan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Dynamics of 2024 Election Crimes in North Maluku Hasan, Aslan; Rada, Arisa Murni
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.4023

Abstract

This research examines the characteristics of election crimes at each stage of the electoral process in North Maluku and analyzes the handling patterns employed by Sentra Gakkumdu, focusing on data that has been largely overlooked in previous research. Using an empirical legal research method with a conceptual and statutory approach, the research provides a comprehensive assessment of election crime enforcement. The findings reveal that the highest number of reported violations occurred during the plenary recapitulation stage (42 cases), followed by the voting and vote-counting stage (33 cases), the campaign stage (32 cases), and the nomination stage (2 cases). Despite the high number of reports, Sentra Gakkumdu faced significant challenges in case handling. Of the 109 reported cases, only 7 reached a court decision, while the majority were halted at the discussion, investigation, or administrative correction stages. These findings highlight the low success rate in prosecuting election crimes and underscore the need for improved coordination and enforcement mechanisms within Sentra Gakkumdu. This research contributes to the development of election law and provides valuable insights for strengthening the effectiveness of election crime enforcement.
Legal Analysis of the Application of Article 363 of the Criminal Code in the Sekayu District Court Decision Number 70/Pid.B/2021/PN Sky Regarding Theft in a Plantation Area M. Saleh, Tri Wahyuni; Malik, Faissal; Hasan, Aslan
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288//jlc.v1i3.12

Abstract

This study aims to examine the suitability of the indictment with Article 363 paragraph (1) 4 of the Criminal Code used by the Public Prosecutor in decision Number 70/Pid.b/2021/PN Sky and whether the Judge's considerations in decision Number 70/Pi.B/2021/PN Sky were in accordance with the facts of the trial. The type of research used is normative legal research, which is a method of legal research conducted by examining library materials or secondary data. Based on research, it can be seen that there is a discrepancy between the indictment and Article 363 paragraph (1) point 4 of the Criminal Code used by the Public Prosecutor, as well as between the verdict and the judge's consideration, which does not or does not fully correspond with the facts of the trial, so that the article in the Public Prosecutor's indictment is still used. Both prosecutors and judges should apply the principle of lex specialis derogate lex generali in applying articles in indictments and in court decisions, so that justice can truly be upheld.
Co-Authors M. Saleh, Tri Wahyuni Malik, Faissal Rada, Arisa Murni