Jurnal Justiciabelen
Vol 6 No 2 (2023): Justiciabelen

Criminal Law Perspective In The General Elections That Occurred In Indonesia

Hidayatulloh, Syarif (Unknown)



Article Info

Publish Date
19 Dec 2023

Abstract

The enactment of Law Number 7 of 2017 concerning General Elections is proof that Indonesia really designs elections on a strong, constitutional, legal basis and regulates everything related to elections on a legal basis. Enforcement of election crimes in Indonesia needs to be improved as an effort to create a democratic system that is certain and just. Without legal certainty it will lead to anarchism and result in death, therefore democracy must provide legal certainty to all parties who seek justice. So the supremacy of law must be prioritized in guarding the democratic process in Indonesia. Whether the election criminal law enforcement mechanism is enforced from the start in accordance with the provisions of procedural law (due process of law) or not (undue process), if it has been implemented in accordance with the provisions of procedural law then justice has been carried out and upholds the ideology envisioned by the supremacy of law ( Rechtstaat) is based on democratic ideals to realize comprehensive justice so that election criminal law is used as a tool to postpone the ideological commitment to the ideals of establishing the Indonesian state. The aim of this research is to determine the perspective of criminal law on the implementation of elections in Indonesia. The method used in writing this research is normative juridical using statutory regulations and context.

Copyrights © 2023






Journal Info

Abbrev

justiciabelen

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Journal Justiciabelen is published by the law Departement, University of Muhammadiyah Gresik, twice a year in February and September. The purpose of this journal is to facilitate research about Law. The article essentially contains topics on Criminal Law, Civil Law, Consultation Law, Government Law, ...