ANALISIS YURIDIS TERHADAP TINDAK PIDANA POLITIK UANG STUDI KOMPARATIF UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM DAN UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN KEPALA DAERAH

Abstract

This study raises three issues: 1) How to regulate money politics in Law Number 7 of 2017 concerning General Elections. 2) How to regulate the criminal act of money politics in Law Number 10 of 2016 concerning Regional Head Elections. 3) What is the ideal arrangement of sanctions for money political crimes in Law Number 7 of 2017 concerning General Elections. The type of research used is qualitative literature research that explains descriptively, using a normative juridical approach. The sources of research data include primary, and secondary data. Primary data are sourced from research subjects, namely Law Number 7 of 2017 concerning General Elections and Law Number 10 of 2016 concerning Regional Head Elections. While secondary data is sourced from written documents in the form of scientific journals, documents, books and various other references. The data analysis technique used is a qualitative data analysis technique which then the data is collected and done systematically by analyzing deductively, inductively, and descriptively.

The results of this study show that the criminal act of money politics is regulated in Article 523 paragraph (1) to paragraph (3) of Law Number 7 of 2017 concerning General Elections, which is divided into three categories, namely during campaigns, quiet periods and during voting. If you pay attention, there are relative similarities in the elements of actus reus in paragraphs (1) to paragraphs (3) in the article. The mens rea element is formulated with a deliberate pattern. The formulation of criminal sanctions for money political crimes uses an idefinite sentence pattern. The prevention of money political crime can be done through the doctrine of crime prevention from a criminological perspective. Then the unification of the criminal act of Regional Head Election in Law Number 10 of 2016 concerning Regional Head Elections has been very effective, in this case where the giver and recipient are subject to the same sanctions contained in Article 187A if proven to be doing money politics. The process of enforcing the crime of Regional Head Election by the Gakumdu center which is a forum of understanding consisting of 3 (three) legal institutions, namely Panwaslu, the Police, and the Prosecutor's Office. The three institutions handle the findings and reports that Panwaslu has received previously from the community. And also in the minutes of the formation of Law Number 7 of 2017 concerning General Elections still causes widespread debates and there is no uniformity in viewing actors rather than money politics. This is what causes misalignment in determining the perpetrators of money political crimes.