Handling of Criminal Actions of the 2019 Election and the Criminal Action of Election of Regional Head in 2020 by the Integrated Center of Law Enforcement in the Lima Puluh Kota Regency

Hadi Saputra, Yoserwan Yoserwan, Khairul Fahmi

Abstract


General Elections and Regional Head Elections are a political contestation in choosing and determining the leader of a region as well as determining people's representatives based on their electoral area. In the context of holding General Elections and Regional Head Elections every 5 (five) years as part of the democratic system in Indonesia, it is possible that there will be violations related to the General Election and Regional Head Election. Violations that occur can be carried out by the organizers of the General Election and/or Regional Head Election, candidate pairs in the General Election and Regional Head Election as well as a successful team or volunteers from certain pairs of candidates. Criminal violations of the 2019 general election that occurred in the Lima Puluh Kota Regency, Sumatera Barat province,  there are 10 (ten) cases. Meanwhile, there are 6 (six) cases of alleged violations of the 2020 regional head elections that occurred in Lima Puluh Kota Regency, which were sourced from the findings of. Based on this, the formulation of the problem in this writing, namely: (1) How is the handling of criminal acts in the 2019 general election by the Integrated Law Enforcement Center in the Lima Puluh Kota Regency; (2) How is the handling of the criminal act of the 2020 Regional Head election by the Integrated Law Enforcement Center in Lima Puluh Kota Regency. The research used in this article is empirical legal research where the data are obtained from the community. From the results of the study, it was concluded that : In terms of handling general election crimes by the Lima Puluh Kota Integrated Law Enforcement Center out of 10 (ten) cases, only 1 (one) case originated from findings that were raised to the stage of investigation until examination by the court where evidence was found. evidence of violations of criminal acts of general election as described in article 516 of Law Number 7 of 2017 concerning general elections, namely by imprisonment for 2 (two) months and a fine of Rp. 5,000,000 (five million rupiah) provided that the fine is not paid is replaced with imprisonment for 2 (two) months. Then, in terms of handling the crime of Regional Head Elections by the Lima Puluh Kota Integrated Law Enforcement Center out of 6 (six) cases, only 1 (one) case stems from findings that are raised to the investigation stage until examination by the court as regulated in the General Election Commission Regulation. Number 11 of 2020 concerning Amendments to General Election Commission Regulation Number 4 of 2017 concerning Election Campaigns for Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors, and General Election Commission Regulation Number 13 of 2020 concerning Second Amendments to Regulations General Election Commission Number 6 of 2020 concerning Implementation of Elections for Governors and Deputy Governors, Regents and Deputy Regents, and/or Mayors and Deputy Mayors Simultaneously Continued in Non-Natural Disaster Conditions Corona Virus Disease (Covid-19). Against this conclusion, the authors suggest that the handling of criminal violations of general elections and regional head elections by the Lima Puluh Kota Integrated Law Enforcement Center has human resources (HR) with educational qualifications in the field of law, so that the stages of handling criminal elections and regional head elections can be carried out, running well as it should. 


Keywords


Crime; General Election; Regional Head Election; Law Enforcement

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References


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DOI: http://dx.doi.org/10.18415/ijmmu.v9i2.3481

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