Legal Analysis of Money Politics Crimes in General Election Law

Authors

  • Dwi Irawan Sekolah Tinggi Ilmu Hukum IBLAM
  • I Gusti Agung Ngurah Agung Sekolah Tinggi Ilmu Hukum IBLAM
  • Resi Pranacitra Sekolah Tinggi Ilmu Hukum IBLAM
  • Suardi Sekolah Tinggi Ilmu Hukum IBLAM

DOI:

https://doi.org/10.37010/postulat.v2i1.1460

Keywords:

democracy, general elections, money politics, law enforcement, democratic integrity, pancasila

Abstract

Democracy in Indonesia, based on Pancasila, emphasizes the freedom and rights of citizens, including the right to express opinions, vote and be elected. However, the democratic system in Indonesia has certain limitations. General Elections (Pemilu) are one of the important instruments in the democratic system, which were first implemented in 2004. Elections aim to fulfill the principles of popular sovereignty and representation. One of the key stages in elections is the political campaign, which includes various aspects of persuasive communication. However, in its implementation, violations often occur, including the practice of money politics. Money politics, especially during the 2014 Legislative Election, became a serious problem that influenced political dynamics and public perception. This research uses a qualitative approach with a normative legal framework as the basis. Data was collected through various sources, including documents, interviews, and observations of research subjects. Elections in Indonesia are an important instrument in democracy, but they are not enough as the only indicator of democracy's health. A constitutionally regulated electoral system must take place freely, honestly and fairly. Election administration must be independent and neutral, with institutions such as the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) playing a key role in overseeing the election. Money politics is a serious problem in general elections in Indonesia. This practice involves various parties, including large capital owners, political elites and voters. The practice of money politics can influence election results and create challenges in law enforcement. Law Number 7 of 2017 concerning General Elections regulates criminal acts of money politics in various stages of elections, with criminal sanctions as a consequence.

Published

2024-02-01
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