Political Law Crime Money Politics in General Elections and Regional Head Elections

DOI

10.2991/assehr.k.201209.315How to use a DOI?

Keywords

Money Politics, Criminal Sanctions, General Elections

Abstract

Money politics in organizing general elections and regional head elections still occurs using a variety of methods. Money politics criminal acts are regulated in Article 523 paragraph (1) to paragraph (3) of Law no. 7 of 2017 concerning Elections, which are divided into 3 categories, namely during the campaign, quiet period and during voting. If observed, there are relatively similarities in the elements of actus reus in paragraph (1) to paragraph (3) in that article. The mens rea elements are formulated deliberately. Election of regional heads for handling money politics is stated in Law no. 10 of 2016 concerning the Election of Governors, Regents, and Mayors or commonly referred to as the Pilkada Law, Articles 73, 187 A that givers and recipients of money in a democratic party can be subject to criminal sanctions. This study aims to determine the criminal sanctions against criminal acts of money politics. This study uses qualitative methods and the approach used is the legal approach. Identification of the problem as follows 1) How effective are the regulations regarding money politics crimes in Indonesia? 2) What are the criminal sanctions against money politics crimes that fulfill the aspect of legal certainty? Criminal sanctions against crimes of money politics in both general elections and regional head elections should be imposed not only by field actors but also by all actors involved in money politics crimes including intellectual actors.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sugiyatno
PY  - 2020
DA  - 2020/12/14
TI  - Political Law Crime Money Politics in General Elections and Regional Head Elections
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 372
EP  - 379
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.315
DO  - 10.2991/assehr.k.201209.315
ID  - 2020
ER  -