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Reformulation of the Regulation on Money Politics in the Regional Head Election Law in the Context of Criminal Law Reform in Regional Head Elections Rahayu Werdiningih, Sri; Prasetyoningsih, Nanik
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.63

Abstract

Direct regional head elections (Pilkada) in Indonesia, implemented since 2005, have not fully guaranteed the realization of democracy due to the widespread practice of money politics. Money politics, involving the exchange of money or material goods for votes, undermines the integrity of elections and distorts democratic processes. This study aims to examine the regulation of prohibitions and sanctions related to money politics within the Election Law and to formulate a concept for criminal law reform regarding money politics in Pilkada. Using a normative juridical method with a qualitative approach, the research analyzes existing legal provisions, identifies gaps and ambiguities, particularly concerning Article 73 of the Election Law, and explores the scope of subjects covered by the regulation. The findings indicate that although legal reforms have been made several times, ambiguities and loopholes remain, especially the unclear explanation of Article 73 and limited subject coverage. Therefore, this study proposes reformulating the legal norms to clarify prohibitions, broaden the scope of subjects beyond just candidates and campaign teams, and introduce protections for whistleblowers. The results of this research are expected to serve as a reference for policymakers and stakeholders in improving the legal framework for elections to ensure democratic integrity and legal certainty.
Community Participation in Combating Money Politics Practices in Murtigading Village, Yogyakarta Rahayu Werdiningih, Sri; Prasetyoningsih, Nanik
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i1.65

Abstract

Murtigading Village, located in Sanden District, Bantul Regency, has achieved notable success in combating money politics in the village chief elections (Pilurdes), general elections, and regional elections. This study explores how the community of Murtigading mobilized a movement to counter money politics, identifies the key factors contributing to the movement’s success, and examines strategies to ensure the sustainability of this anti-money politics effort. Employing a qualitative descriptive approach, the research collected primary and secondary data through observations, literature review, and interviews with key movement initiators and members of the Bantul Regency Election Supervisory Committee (Bawaslu). The findings reveal that the anti-money politics movement in Murtigading significantly contributed to the reduction and eventual eradication of money politics practices in the village during the 2019 and 2020 elections. Two primary factors influenced this success: the presence of community leaders as catalysts and active community participation. To maintain the movement’s momentum, continuous promotion and internalization of anti-money politics values through political literacy and socialization are essential. This study highlights the critical role of community-driven initiatives in fostering clean electoral processes and strengthening democratic governance at the grassroots level.