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Original Research

CONFORMITY OF LEGAL SUBSTANCE OF THE ELECTION LAW, GENERAL ELECTION CRIMES, AND THE PRINCIPLES OF CONDUCTING ELECTIONS IN INDONESIA

ANDI BASO ZULFAKAR AR. 1, SLAMET SAMPURNO S 2, MUHADAR 3, and AMIR ILYAS 4.

Vol 18, No 01 ( 2023 )   |  DOI: 10.17605/OSF.IO/RF9HA   |   Author Affiliation: Doctoral Program in Law, Faculty of Law Hasanuddin University, Makassar, Indonesia 1; Professor, Faculty of Law Hasanuddin University, Makassar, Indonesia 2,3,4.   |   Licensing: CC 4.0   |   Pg no: 2575-2588   |   Published on: 31-01-2023

Abstract

This study aims to analyze and evaluate the legal substance of legislative election crimes in Indonesia that has accommodated the principles of direct, general, free, secret, honest, and fair based on the 1945 Constitution, to analyze and evaluate the implementation of law enforcement on legislative election crimes in Indonesia in realizing elections direct, public, free, secret, honest and fair in Indonesia, to understand and analyze the ideal concept of upholding the law on criminal acts on legislative general elections in Indonesia in realizing optimal law enforcement on criminal acts on legislative general elections. This type of research is Socio-Legal research, using statutory and conceptual approaches. Research data collected through interviews, literature, and documentation were then analyzed qualitatively. This research shows the results that the legal substance of Law No. 7 Year 2017 concerning Elections which regulates legislative election crimes is incomplete/inadequate so that it has not fully accommodated the principles of holding elections, especially general and fair principles, in addition to the light threat of criminal sanctions regulated so that they cannot have an effective deterrent for violators of legislative election crime provisions, does not create a sense of justice, and does not reflect equality before the law.


Keywords

Legal Substance; Election Crimes, Implementation of Legislative Elections