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INDONESIA
Jurnal Keadilan Pemilu
Published by Bawaslu Provinsi Jawa Barat
ISSN : 27467880     EISSN : 28090926     DOI : https://doi.org/10.55108/jkp.v2i2.134
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Jurnal Keadilan Pemilu adalah Jurnal yang dihasilkan dari rumusan isue update pengawasan dan penegakan hukum elektoral. Dalam membangun keselarasan dinamika politik, hukum yang berkembang dalam proses penyelenggaraan Pemilu dan Pilkada. Hal tersebut dimaksudkan agar nilai-nilai demokrasi dan keadilan elektoral benar-benar bersifat mendasar dapat difahami dan diaplikasikan dalam pelaksanaan tugas dan fungsi Pengawas Pemilu.
Arjuna Subject : Umum - Umum
Articles 88 Documents
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PROBLEMATIKA PENEGAKAN HUKUM TERHADAP TINDAK PIDANA POLITIK UANG DALAM PEMILIHAN UMUM DI INDONESIA Kania, Dede
Jurnal Keadilan Pemilu Vol. 4 No. 1 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i1.418

Abstract

Money politics is one of the offenses regulated in election crimes. Whatever the amount and whatever form, money politics remains dangerous because it has an impact on the quality of democracy. The determination of money politics as a form of criminal act shows the desire of legislators to prevent money politics in elections. In fact, money politics is increasingly common and is even considered inseparable from elections. The specifications of this research are descriptive-analytical, to describe the phenomena and legal facts of money politics that occurred in the Indonesian elections. The research approach uses normative juridical. The results of the research show that law enforcement against criminal acts of money politics has not been effective. Problems in law enforcement are found in 3 (three) things, namely legal substance which is limited to the target perpetrator, understanding and consistency of law enforcement officials at election law enforcement centers in handling money crimes, as well as guaranteeing political education and public legal awareness.
NETRALITAS TNI DAN POLRI DALAM PENYELENGGARAAN PEMILIHAN UMUM GUNA MEWUJUDKAN KONSOLIDASI DEMOKRASI DI INDONESIA Hakim, Yusup Rahman
Jurnal Keadilan Pemilu Vol. 4 No. 1 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i1.419

Abstract

This article discusses the crucial role of the neutrality of the TNI and Polri in holding general elections with the aim of realizing the consolidation of democracy in Indonesia. This research details the impact and contribution of the TNI and Polri in maintaining the integrity and security of the democratic process. By utilizing the theory of democratic consolidation, this article identifies crucial conditions, such as competitive elections, recognition of human rights, civilian control of the military, a strong party system, and the role of a consensus political elite. This writing uses qualitative research methods. This writing is supported by empirical data and in-depth analysis of violations of the neutrality of ASN including the TNI and Polri and their impact on democratic consolidation. The results of this article show that the neutrality of the TNI and Polri is not only a security guard element, but also plays an important role in supporting Indonesia's democratic foundations. Conclusions and suggestions are provided to strengthen this neutrality, including strengthening training, transparency, and community involvement as an integral part of the democratic process.
DYNAMICS OF MONEY POLITIC LAW ENFORCEMENT BY SENTRA GAKKUMDU IN THE E-MONEY ERA Iskandar; Qolbi, Latifatul
Jurnal Keadilan Pemilu Vol. 4 No. 1 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i1.420

Abstract

The operation of a democratic system with the implementation of general elections to search for and elect candidates for leaders and public officials cannot be separated from the issue of criminal violations committed. The issue of support is a problem for candidates for office who run in electoral contests, both in holding elections and elections, so that many try to gain votes instantly to influence voters by providing material rewards, be it money or other materials, so that their choice is given to a particular candidate. Integrated Law Enforcement Centers which are mandated by law, both by election and election laws, to carry out handling of criminal violations often have difficulty in proving cases of money politics. Today's problems are increasingly becoming because transactions are carried out not only by carrying out conventional transactions but have entered the era of electronic transactions. The issue of limited authority is an obstacle in itself because the complexity of proof in electronic transactions cannot be easily carried out.
MENDUDUKAN ULANG PERAN DAN WEWENANG PENANGANAN PELANGGARAN TINDAK PIDANA PEMILU OLEH BADAN PENGAWAS PEMILIHAN UMUM Jamaludin, Ahmad
Jurnal Keadilan Pemilu Vol. 4 No. 1 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i1.421

Abstract

The Election Supervisory Body Regulation No. 7 of 2022 and the Republic of Indonesia Election Supervisory Body Regulation No. 3 of 2023 concerning the Integrated Law Enforcement Center for Elections underline the role of Bawaslu in handling election violations, including criminal election acts, which are serious legal infringements in the context of elections. Bawaslu acts in a law enforcement capacity, tasked with investigating alleged election violations. This includes verifying the fulfillment of formal and material requirements of the reports and identifying types of suspected violations, akin to the investigative function in the Criminal Code, which should be conducted by officers of the Indonesian National Police. This study aims to explore the conception of handling criminal election violations by Bawaslu, particularly in its involvement in the Gakkumdu structure. The methodology employed in this research is juridical-normative. As a finding, this study concludes that the history of Indonesian democracy records a significant shift in the role of Bawaslu, occurring in line with the changing political dynamics and societal demands for transparency and accountability in elections. With the basis of Law No. 7/2017, Bawaslu also functions in the enforcement of election law, analogous to judicial institutions. Despite contradictions with the principle of separation of powers, the ‘new separation of powers’ approach categorizes it as an independent body. Bawaslu plays a critical role in overseeing administrative election violations, including monitoring, prevention, and enforcement actions. As part of Gakkumdu alongside the police and the prosecutor's office, Bawaslu coordinates in the enforcement of criminal election law, yet it should only act as a reporting entity, not as a direct handler of criminal election cases. The effectiveness of Gakkumdu is sometimes impeded by differing legal perceptions, necessitating an evaluation of its processes and work structure.
PENGUATAN BADAN PENGAWAS PEMILU DALAM PROSES PENEGAKAN HUKUM PEMILU Rosidin, Utang
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.422

Abstract

The 2019 general election is considered a complex election in terms of organization and types of violations. Allegations of election violations prompted changes in the various laws governing them. In preparation for the 2024 election, the General Election Supervisory Agency (Bawaslu) is working to strengthen election laws. This includes improving enforcement institutions and establishing Bawaslu as a permanent institution. Additionally, they are addressing the increasingly complex types of violations and the severity of sanctions. A normative-legal approach is the research methodology employed in this study. The study found that Bawaslu addressed election violations in two ways: settling election administrative violations through an open hearing conducted by the examining panel and settling election administrative violations through a fast event, in accordance with Law Number 7 Year 2017 on General Elections, which specifically refers to Perbawaslu Number 7 Year 2022 on Handling Election Violation Findings and Reports, Perbawaslu Number 8 Year 2022 on Completion of General Election Administrative Violations, and Perbawaslu Number 3 Year 2023 on Integrated Law Enforcement Center.
PELANGGARAN KODEK ETIK PANITIA PEMILIHAN LUAR NEGERI DI MALAYSIA PADA PEMILU SERENTAK 2019 Islami, Moh. Iqbal Alam
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.423

Abstract

This research discusses violations of the Ethical Code of the Overseas Election Committee in Malaysia in the 2019 Simultaneous Elections. There are two problems in this study: first, what causes the occurrence of election violations in voting by postal methods in Malaysia; and second, how is the follow-up handling of these violations and what sanctions are in place for the Overseas Election Committee (PPLN) in Malaysia. This research uses a qualitative method with a case study approach through an organized plan or research procedure, from broad assumptions to detailed methods in data collection, analysis, and interpretation. The research findings reveal that two members of the Overseas Election Committee (PPLN) in Kuala Lumpur violated the voting process through the postal method, indicating a breach of the Ethics Code of the Overseas Voting Committee in Malaysia. The study reveals that a deputy ambassador in Kuala Lumpur, who was appointed as a member of PPLN, was involved in a conflict of interest. According to the DKPP decision, two former PPLN members are no longer eligible as election organizers. The research suggests that some election organizers may not be neutral in their decision-making and may attempt to manipulate vote results through the postal method.
PENGARUH METODE SAINTE LAGUE DALAM PENENTUAN ALOKASI KURSI DI DPR/DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Yakub, Sandra Leoni Prakasa; Fathin, Siti Labiba
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.424

Abstract

The main problem of this research is the use of the Sainte Lague vote conversion method in electing members of the House of Representatives (DPR)/Regional Legislative Council (DPRD) Province or the Regional Legislative Council (DPRD) Regency/City. The application of the sainte lague method is contained in Article 415 paragraphs (2) and (3) of Law Number 7 of 2017 concerning general elections. The approach method used is normative juridical, with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results of the study show: first, in the 1999, 2004, 2009, and 2014 elections, Indonesia used the hare vote conversion method, and in the 2019 elections, Indonesia used the sainte lague vote conversion method; second, the application of the vote conversion method will actually injure human rights, the principle of popular sovereignty, the concept of democracy, and the purpose of elections. To create a democratic electoral system, the author proposes abolishing the vote conversion method and calculating the winners of the DPR/DPRD Provincial and DPRD Regency/City elections based on the majority of votes they receive.
PEMILU BERSIH: ANTARA HARAPAN DAN KENYATAAN Gunawan, Deni
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.425

Abstract

Elections are a celebration of the people's democracy and should be conducted honestly and openly. The primary objective of elections is to identify leaders who are able to improve the condition of society, particularly for those who have difficulties fulfilling their own and their families’ basic needs. Indonesians expect elections to be a path to prosperity, as mandated by the 1945 Constitution. However, elections in Indonesia still face various difficult challenges that must be faced by all Indonesians. One of them is the existence of fraudulent practices that are difficult to fully control by the state, in this case, the election organizers. These fraudulent practices occur on all sides: organizers, voters, and election participants. They are intertwined with each other. The apathy of the public towards the organization of elections is one of the reasons. Another reason is the massive practice of money politics. The high demand for money in society increases the risk of manipulation by those with financial power during elections. This is a serious threat to the future of Indonesian democracy. A successful election is crucial for the advancement of Indonesian democracy. As a sovereign country, elections are a way for Indonesia to achieve the ideals of prosperity for all its citizens.
IMPLEMENTASI KEBIJAKAN AFIRMATIVE ACTION PADA BADAN PENGAWAS PEMILU PROVINSI JAWA BARAT Wulandari, Rafih Sri
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.426

Abstract

Affirmative Action Policies passed and set by political decision makers to pay attention to the optimization of Affirmative groups in politics, especially election organizers as stated in the Law. No. 17 of 2017.This law has a very important role to show the government's special attention in responding to the emerging issues of Gender, people with disabilities, indigenous peoples. This implementation is relatively difficult to carry out due to the many challenges faced by the relevant parties. The policy implementation model conceptually seeks to make it easier for policy analysts, policy implementers, policy objectives and stakeholders to be able to measure the success of this policy running appropriately. The implementation of this Law is the obligation and full attention of the central/regional government and related parties, in this case, election organizers to be able to answer and realize this Affirmative Action on target according to regulations set in the West Java Province.
PENGAWASAN PARTISIPATIF DAN UPAYA MENINGKATKAN LEVEL DEMOKRASI KITA Satria, Iqbal Reza; Rahman , M. Ridha Taufiq
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.427

Abstract

The Election Supervisory Board (Bawaslu), mandated by the law as the leading actor in overseeing the electoral process, holds the potential to enhance the quality of elections, which correlates with the quality of democracy through a Participatory Oversight Program. Active participation of the community, a crucial aspect in elections, needs improvement to ensure that the quality of general elections elevates, both in procedural and substantive aspects. The trust of the public in the electoral process and its outcomes is a growing concern, as community participation has so far been limited to statistical figures. Utilizing qualitative research methods and analytical descriptive techniques In this article, we make a case for the potential of participatory oversight initiated by Bawaslu to enhance the community's role in ensuring fair and transparent elections. By using participatory approaches, public education, and technology, Bawaslu can engage the public and increase their awareness in ensuring integrity-driven elections, which can help boost the quality of our democracy

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