刑事制裁对违反选举权行为的影响

Rizka Amaliatus Syafaah
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引用次数: 0

摘要

在印度尼西亚,违反选举罪并不是什么新鲜事。事实上,几乎在每一个选举时期都有违反选举罪的行为。确切地说,在2019年最后一次选举期间,进入法院审查阶段的选举犯罪调查和报告约有548件。而在前一时期(2014年大选),也有大约70起刑事违法行为被发现。尽管有严格规范这一问题的法规和制裁,但这些违规行为仍然发生。本文旨在对违反选举罪的刑事制裁效力进行实证分析。本研究采用的研究方法是实证研究,研究的重点是社会中发生的现实与现有法律之间的和谐。本研究的结论是,如果没有社会中存在的法律意识、社会中存在的法律文化和民族主义意识的支持,刑事制裁作为防止选举犯罪发生的工具的有效性就无法得到适当的发挥,从而实现诚实、清洁和公平的选举,公平而不只是关心权力和胜利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EFEKTIVITAS SANKSI PIDANA BAGI PELANGGARAN TINDAK PIDANA PEMILU
In Indonesia, violations of election crimes are not something new. In fact, violations of election crime are almost always found in every election period that take place. During the last election period in 2019 to be exact, there were around 548 findings and reports of election crimes that reached the court examination stage. And in the previous period (2014 election) there were also around 70 findings of criminal violations. Even though there are regulations and sanctions that strictly regulate this matter, these violations still occur. This Article aims to analyze empirically regarding the effectiveness of criminal sanction for violations of election crimes. The research method used in this research is empirical research, where this research focuses on harmony between the reality that occurs in society and existing laws. This study concludes that the effectiveness of criminal sanction as a tool to evercome the occurrence of election crimes cannot be properly practiced if they are not supported by the existence of legal awareness in society, the legal culture that exists in society and a sense of nationalism in order to achieve honest, clean and fair election, fair and not concerned with power and victory alone.
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