Intellectual Law Review (ILRE)
Vol 2 No 2 (2024): October

Criminal Verdicts Under the Special Minimum in Regional Head Elections: A Perspective of Justice

M. Herris Priyadi (Graduate School of Islamic University Bandung)
Iip Saripudin (Mayasari Bakti University)



Article Info

Publish Date
18 Oct 2024

Abstract

The purpose of this research is to examine criminal judgements made below the specific minimum threshold in regional head election cases that pose a dilemma between justice and legal certainty. This research uses secondary data collected from literature study; normative juridical method and descriptive analysis are used. The results show that the objectives of punishment are affected by verdicts below the specific minimum, especially in terms of public order and the integrity of the democratic process. Although this may override the principle of legal certainty, judges usually prioritise a sense of justice by considering the defendant's mitigating factors. In summary, a clearer revision of the regulations should be included with the penal policy and its implementation. This will help judges balance substantive justice and legal certainty.

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Journal Info

Abbrev

ILRE

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Intellectual Law Review (ILRE) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not ...