Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat

Herdi Munte
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Abstract

Abstract Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.
尊严正义视角下的选举犯罪政治执法
摘要 选举刑法是作为根除选举犯罪行为的法律工具而制定和实施的。事实上,人们要求从尊严正义的角度改革选举犯罪执法的法律政治,以创造诚实、公平和有尊严的选举。所研究的问题是,当前的选举犯罪执法是如何政治化的,以及为什么必须基于尊严正义来改革选举犯罪的执法政治。研究采用了法学-规范方法,包括法定方法和理论方法。研究结果表明,《选举法》(2017 年第 7 号 UU,后经 2023 年第 7 号法律修订)一书中对选举犯罪的规定包含了多达 67 条的违法行为和犯罪行为。许多刑事条款都是无关紧要的,选举刑法的执行与预期还相差甚远,因此有必要从实质、结构和法律文化三个方面进行有组织、有系统的执法改革。目前,选举刑法的政治学将惩罚作为最主要的法律手段,而人们所期待的选举刑法执法的发展要求是将惩罚作为最后的手段,在保证法律目标(公平、利益和确定性)和目标的前提下,基于有尊严的正义(人性化的正义)的选举刑法执法改革是必要的、利益和确定性)和举行公正、廉洁、法律确定性、有效的选举的目标,这些目标的基础是植根于民族精神(volksgeid),即潘查希拉(Pancasila)的价值观、原则、规范和规则。关键词法律政治、犯罪、有尊严的选举。
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