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Fedila Wica Tsabitah; Intan Nuraini

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The practice of money politics remains a serious challenge in the implementation of the 2024 General Election and the 2024 Regional Elections in Indonesia, as it has the potential to undermine the principles of fairness, honesty, and democratic integrity. This study aims to analyze the role of the Election Organizer Ethics Council (DKPP) in adjudicating violations related to money politics, particularly from the ethical perspective of election organizers. The method used is a qualitative approach through literature study of laws, regulations, and DKPP decisions. The findings indicate that DKPP plays a strategic role in maintaining the neutrality and professionalism of election organizers by enforcing the code of ethics, imposing sanctions, and supervising behaviors that may involve or tolerate money politics practices. Although DKPP's authority is limited to the ethical domain and does not extend to criminal law enforcement, its existence remains crucial as a moral guardian within the electoral system. Therefore, synergy between DKPP, law enforcement institutions, and public participation is necessary to minimize money politics and to realize democratic and integrity-based elections.

Mulianto Mulianto; Stevanus Alpha; Ipan Morris Panggaribuan

REDOMINATE : Jurnal Teologi dan Pendidikan Agama Kristiani 2026 Sekolah Tinggi Teologia Kerusso Indonesia

The development of information technology and the use of social media have increased the potential for defamation against various institutions, including educational institutions. The reputation of schools or educational institutions is an important social asset because it is directly related to public trust, institutional credibility, and the continuity of the educational process. However, the Indonesian legal system still places greater emphasis on protecting individual reputation than institutional reputation, creating a need to reexamine the legal position of educational institutions in responding to attacks on their good name. This study aims to analyze legal protection for the reputation of educational institutions within the Indonesian legal system and to formulate a more comprehensive reconstruction of legal protection that is relevant to the development of digital spaces. This research uses a normative legal method with statutory and conceptual approaches. Data sources consist of primary legal materials, including Law Number 1 of 2023 concerning the Criminal Code and the Electronic Information and Transactions Law, as well as secondary legal materials in the form of legal literature and educational theory. The results show that defamation provisions in the Criminal Code and the ITE Law have not explicitly provided adequate protection for the reputation of educational institutions. Therefore, legal protection reconstruction is needed through affirming educational institutions as legal subjects whose reputation deserves protection, strengthening reputation recovery mechanisms, and integrating educational ethics perspectives into legal regulation.

Wilma Silalahi; Fitri Natasha Dachi

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) technology has created various digital innovations, but it has also generated new forms of crime through the misuse of deepfake technology. This study aims to analyze the legal liability of social media platforms for the dissemination of AI-based deepfake content and the forms of legal protection for victims of digital fraud, particularly elderly groups, in the case of the “magical money ritual” scam using the identity of Ujang Busthomi. This research employs normative legal research methods using statutory and case approaches. The results show that perpetrators of deepfake fraud can be held criminally liable under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Electronic Information and Transactions Law and Article 378 of the Indonesian Criminal Code concerning fraud. In addition, social media platforms as Electronic System Providers also bear preventive and repressive responsibilities under the ITE Law, Government Regulation on Electronic Systems and Transactions, and the Personal Data Protection Law to prevent the spread of illegal content. Legal protection for victims is carried out through criminal law enforcement, personal data protection, restitution mechanisms, and the enhancement of digital literacy in society.

Fitriyah Nurrahmah; Berlian Ahsanul Husna

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) has brought a fundamental paradigm reconstruction to the Indonesian criminal justice system through the explicit recognition of the "living law" (hukum yang hidup di masyarakat). This study aims to analyze the legal standing of living law within the Indonesian legal system and examine the juridical and sociological implications of integrating these unwritten norms from the perspective of Article 2 of Law Number 1 of 2023. The research method employed is normative legal research with a statutory approach. The results indicate that the positioning of living law holds a strategic standing rooted in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and is further reinforced by the Constitutional Court Decision Number 35/PUU-X/2012. Following the promulgation of Law Number 1 of 2023, Article 2 paragraph (1) formally deconstructs the rigidity of the colonial-inherited formal legality principle (Wetboek van Strafrecht) and transforms it toward a material legality principle. Consequently, living law is now recognized as a valid basis for criminal liability and acts as a complement to national law, manifested through additional criminal penalties in the form of fulfilling local customary obligations to support restorative justice. Nonetheless, the state imposes limitations through a codification mechanism into Regional Regulations guided by Government Regulations, which must be aligned with Pancasila, the 1945 Constitution, Human Rights, and general principles of law recognized by civilized nations to prevent legal uncertainty and subjective interpretations of the law.

Jusuf Leiwakabessy; Michael R. Singkery; Riski Putri Nurani; Risda Ilyas; Deo Augusti Luhulima +3 more

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service activity aims to improve the community’s legal understanding and awareness through outreach on the National Criminal Code (KUHP) in Waisarisa Village, West Kairatu Subdistrict, West Seram Regency. The issues identified include the community’s limited understanding of the provisions of the New Criminal Code and a lack of legal awareness in daily life. The method used in this activity was a quantitative descriptive approach with a one-group pre-test and post-test design. Data collection was conducted through pre-tests, post-tests, and observations of 46 respondents who participated in the dissemination activity. The results of the activity showed an increase in the community’s legal understanding and awareness after participating in the outreach. The average pre-test score of 68.48% increased to 100% on the post-test, representing a 46.03% increase. The most significant improvement occurred in the indicators of understanding of the new Criminal Code and community legal awareness, each of which increased by 96%. These results indicate that legal outreach activities using an educational and participatory approach are effective in improving the community’s legal literacy. It is hoped that this initiative will foster a culture of legal awareness and enhance the community’s compliance with legal regulations in social life.

Ivander Juahta; Ujuh Juhana

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The enactment of Indonesia's Law Number 20 of 2025 on the Code of Criminal Procedure (KUHAP 2025), effective January 2, 2026, introduces a paradigmatic shift in the coordination between investigators and public prosecutors: Article 58 mandates active coordination from the investigation stage, fundamentally departing from the sequential-passive model of the former KUHAP, while Article 70 imposes a strict seven-day deadline for indictment drafting after case files are declared complete. This study examines two interconnected questions: (1) how the legal framework governing investigator–prosecutor coordination is structured under KUHAP 2025 and related legislation; and (2) how that framework is implemented in practice at the Purwakarta District Prosecutor's Office. A normative–empirical mixed-method design was employed, integrating statutory, conceptual, and case-study approaches. Data were gathered through in-depth interviews with prosecutors and investigators at Purwakarta District Prosecutor's Office and Purwakarta Police Resort, case document analysis, and field observation. The theoretical framework combines Lawrence M. Friedman's Legal System Theory and Soerjono Soekanto's Law Enforcement Theory. Findings reveal that KUHAP 2025 delivers substantial normative advancement yet harbours three critical regulatory gaps: the absence of binding technical protocols for implementing mandatory active coordination, the lack of uniform and measurable case-file completeness standards, and no formal mechanism for resolving institutional disagreements on legal interpretation. On the ground, coordination at Purwakarta still operates under the old sequential-passive pattern despite the new law: case-file returns (P-19) remain frequent, driven primarily by absent expert testimony, insufficient factual narration in examination records, and mismatches between charged articles and legal facts. A Friedman–Soekanto diagnostic reveals simultaneous dysfunction across all three legal system components substance, structure, and legal culture with the entrenched 'waiting culture' between the police and the prosecution identified as the most resistant obstacle to reform.

Jaya, Indra; Slamet Tri Wahyudi; Supardi

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The gap between state financial losses adjudicated and assets actually recovered in corruption cases is commonly attributed to institutional weaknesses or the absence of an Asset Forfeiture Act, while the temporal dimension of seizure is rarely examined. This article argues that the timing of seizure is the key operational determinant of state financial loss recovery. Two research questions are addressed: the normative construction of seizure across the stages of investigation, prosecution, and execution, and how seizure timing affects recovery effectiveness when analysed through Economic Analysis of Law, together with a reconstruction of relevant provisions. Using a juridical-normative method, the research combines comparative approaches, with Jiwasraya as the primary case study and Asabri, alongside comparisons with Singapore, South Korea, and Italy. The analysis identifies the investigation stage as the golden time for seizure because it offers the opportunity to preserve and recover assets, whereas the execution stage yields the lowest marginal benefit. The widening asset recovery gap between these stages can be interpreted as a social cost that may be reduced without changing the prevailing conviction-based system. Furthermore, the 2025 Criminal Procedure Code, the institutional consolidation of the Asset Recovery Agency, and Attorney General Guideline No. 7 of 2025 strengthen the role of the Public Prosecution Service as dominus litis in the asset recovery cycle. Five reconstruction proposals are formulated, most of which can be implemented within the existing legal framework.

Wisnu Wardani, Vebby Audia; Mansyur, Alfian; Nahariah, Fitrahtun; Bayu, Kresna

Perigel: Jurnal Penyuluhan Masyarakat Indonesia 2026 Universitas 17 Agustus 1945 Semarang

This study aims to analyze the position of customary law in the new Criminal Code and the integration of restorative justice in resolving criminal cases in Indonesia. The method used is a qualitative approach with normative juridical research through legislative and conceptual approaches. The results indicate that the new Criminal Code recognizes living law, including customary law, as part of the national legal system. However, its status remains complementary and subordinate to state law. The integration of restorative justice into the criminal justice system is a progressive step that emphasizes restoring relationships between perpetrators, victims, and the community. This approach aligns with customary law values ​​that prioritize deliberation, balance, and social harmony. However, its implementation still faces various challenges, such as unclear regulations, limited official capacity, and potential conflicts with human rights principles. Therefore, regulatory strengthening, procedural standardization, and institutional capacity building are needed to ensure the integration of customary law and restorative justice can be implemented effectively, fairly, and sustainably within the Indonesian criminal justice system.

Kadek Purbhawadi; I Nengah Suastika; Dewa Gede Herman Yudiawan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study discusses the reform of criminal law regarding acts of abuse of power within the Indonesian legal system. Abuse of power committed by public officials constitutes a serious violation of the rule of law and the principle of equality before the law because it can harm society and weaken public trust in the government. The old Criminal Code inherited from the colonial era was considered incapable of providing an optimal deterrent effect against perpetrators of abuse of authority. Therefore, the enactment of Law Number 1 of 2023 concerning the New Criminal Code became an important step in the reform of criminal law in Indonesia. This study aims to analyze criminal law reform policies in overcoming abuse of power and the effectiveness of their implementation in law enforcement. The results show that the new Criminal Code expands regulations regarding abuse of authority with stricter criminal sanctions and additional penalties in the form of revocation of office rights. However, its implementation still faces challenges such as political intervention, low integrity of law enforcement officials, and the potential overlap with the Corruption Eradication Law. Therefore, the success of criminal law reform requires the support of legal substance, legal structure, and legal culture that work in harmony.

I Gede Wisnu Darma Suta; Ni Ketut Sari Adnyani; Komang Febrinayanti Dantes

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the urgency of foreign nationals' (WNA) legal status and visa compliance in the vehicle rental business in Bali, as well as its impact on business disputes involving local entrepreneurs. The increasing number of international tourists visiting Bali has spurred the growth of vehicle rental services, yet it has also given rise to illegal practices by foreign nationals such as misuse of tourist visas for commercial purposes, tax evasion, and unfair business competition. This research adopts a normative juridical method using statute, conceptual, and case approaches, referring to key legal documents including Law No. 6 of 2011 on Immigration, Law No. 6 of 2023 on Manpower, Ministerial Regulation No. 21 of 2016, and Bali Regional Regulation No. 5 of 2016 on Tour Guiding. The findings highlight the vulnerability of rental contracts under Article 1548 of the Indonesian Civil Code, risks of breach of contract, and widespread violations of the Electronic Traffic Law Enforcement (ETLE) system, the penalties of which are imposed on rental owners. Nationality disparities and weak immigration oversight further undermine the effectiveness of law enforcement. This study concludes that legal protection for local business actors relies heavily on the legal clarity of WNA status, the appropriateness of 1 visa categories, and strong inter-agency coordination. The novelty of this research lies in integrating legal analysis of WNA legitimacy with a dispute resolution framework specific to the vehicle rental sector in Bali’s tourism landscape a perspective that has been largely overlooked in prior studies. The recommendations include strengthening rental contracts, enhancing coordinated supervisory mechanisms, and harmonizing civil and criminal law to establish a stronger deterrent effect.

Putu Khanha Khilana Putra Bukian; Ni Luh Wayan Yasmiati; Seni Kamalia Rizki Fathullah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the regulatory gaps in digital forensics regarding the handling of natural resource crimes and the state’s constitutional responsibilities following the enactment of Law No. 1 of 2024. Modern natural resource crimes, such as illegal logging and illegal mining, have evolved to leverage digital technology, leaving complex electronic traces in the form of GPS data and digital documents. However, Indonesia still faces procedural gaps in the Criminal Procedure Code (KUHAP), unclear technical standards (SNI 27037:2014 is voluntary in nature), and conflicts between the Information and Electronic Transactions Law (UU ITE) and sectoral NRE laws. This normative legal study employs legislative, conceptual, and case-based approaches. The research findings indicate that the absence of digital forensic authentication standards has fatal implications, as evidenced by the Sidoarjo District Court Decision No. 488/Pid.B/2024/PN Sda, which rejected electronic evidence. This situation constitutes state negligence (staatsverzuim) that violates Article 1(3) and Article 33(3) of the 1945 Constitution of the Republic of Indonesia. The study recommends the development of standard digital forensic procedures, the acceleration of ISO/IEC 17025 laboratory accreditation, and the harmonization of sectoral regulations

Sonya Airini Batubara; Timotius Reynata Sinuraya; Teresia Oktaviani Napitupulu; Rizal Maruli Lambok Sitorus

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The proliferation of hoaxes in the era of information transparency, committed not only by the public but also by journalists, forms the background of this research. This phenomenon raises legal concerns because journalists are required to provide accurate, balanced, and responsible information in accordance with Law Number 40 of 1999 concerning the Press. This study aims to examine the legal implications for journalists who engage in false reporting and to analyze how the law regulates the dissemination of false news by journalists. The research employs a normative juridical method using statutory, conceptual, and case approaches. Data were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively using a deductive approach. The findings reveal that Law Number 40 of 1999 does not specifically regulate criminal sanctions for false reporting by journalists, but instead prioritizes settlement through the Press Council and the Journalistic Code of Ethics, including the right of reply and correction. Nevertheless, journalists may still face legal responsibility under the Indonesian Criminal Code and the Electronic Information and Transactions Law if false reporting fulfills criminal elements. Therefore, law functions both as a protector of press freedom and as a limitation to prevent abuse, with ethical, administrative, and criminal sanctions applicable to journalists and press institutions.

Apitta Fitria Rahmawati; Yuris Tri Naili; Monica Puspa Dewi

ARDHI : Jurnal Pengabdian Dalam Negri 2026 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

The development of digital technology and artificial intelligence (AI) has increased youth interaction in cyberspace, while also elevating the risk of digital crimes, both as perpetrators and victims. This community service program AIms to strengthen legal awareness and AI-based self-protection skills among students of SMKN 1 Kaligondang, \Purbalingga Regency. The implementation methods include interactive workshops, digital security trAIning, case simulations, and the use of a mini AI assistant as a preventive educational tool. Evaluation was conducted through pre-test and post-test assessments, participatory observation, and participant reflection. The results indicate an improvement in participants’ understanding of digital law, particularly regarding the provisions of the Law on Electronic Information and Transactions and its relevance to the Indonesian Criminal Code. In addition, participants’ technical skills in securing digital accounts, identifying phishing attempts, and responding to cyber risks have also improved. The use of AI has proven to enhance participation and contextual understanding. Overall, the program is effective in fostering legal awareness, improving digital protection capabilities, and shaping responsible behavior in cyberspace.

Alika Puteri Handaka; Jeanette Emmanuelle Gozali; Qinaya Putri Kusuma

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research focuses on the criminal liability of Notary Dewi Farni Dja'far (the Defendant) in the criminal case concerning corruption relating to the granting of a Refinancing Investment Loan (KIR) by PT Bank Negara Indonesia (BNI) to PT Barito Riau Jaya. The legal issue lies with the Defendant in issuing a number of letters of certification or cover notes, stating that the process of obtaining certificates for 502 (five hundred and two) plots of land used as collateral was underway at her office. However, in reality, the land parcels, which were still based on Land Certificates (SKT), were problematic and could not be upgraded to Certificates of Ownership and Certificates of Right to Use, meaning the bank disbursed the loan without valid collateral. The Defendant’s actions are deemed to have assisted the debtor Esron Napitupulu (Director of PT Barito Riau Jaya) in securing the loan, resulting in a financial loss to the state amounting to Rp22,650,000,000.00. The results of this study indicate that, based on Article 16 of Law No. 2 of 2014 amending Law No. 30 of 2004 on the Office of the Notary, a Notary is liable under civil law (compensation), criminal law (offences), and administrative law (code of ethics) if found to have committed a breach in the performance of their duties. The objective of this study is to analyse the liability of notaries regarding covernote in problematic credit agreements. The research method employed is normative in nature, with a descriptive qualitative approach. Data sources were obtained from court decisions, legislation, and other supporting sources.

Faidhul Rasyid; Reza Fitri Ananda

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Protection of rape victims’ rights within the Indonesian criminal justice system continues to face significant challenges, particularly regarding the role of advocates, who have traditionally focused more on assisting suspects or defendants. This study aims to analyze and describe the role of advocates in protecting the rights of rape victims, including the rights to legal assistance, restitution, and physical as well as psychological recovery. The research employs a normative juridical approach through the analysis of statutory regulations and relevant legal literature. The findings reveal that the role of advocates in assisting rape victims remains limited due to the absence of explicit provisions in the Indonesian Criminal Procedure Code (KUHAP) granting advocates full authority to represent victims throughout all stages of criminal proceedings. Consequently, victims frequently encounter obstacles in accessing justice and obtaining adequate legal protection. This condition demonstrates the need for legal reform to strengthen the position and authority of advocates in representing victims within the criminal justice process. Strengthening the role of advocates is expected to improve legal protection, ensure the fulfillment of victims’ rights, and support the recovery process for rape victims in Indonesia.

Rifdatul Riskiyanti; Syarifuddin Syarifuddin; Moh. Ali Hofi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The principle of the presumption of innocence is a fundamental principle in criminal law that aims to protect the rights of suspects from the beginning of the legal process. This principle is enshrined in the 1945 Constitution and regulated in Article 8 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), which states that a person cannot be considered guilty unless a court decision with permanent legal force declares them guilty. The application of this principle at every stage of examination (investigation, prosecution, and trial) is crucial to ensuring the protection of the rights of perpetrators (suspects or defendants) and preventing the abuse of power that may harm individuals who have not been proven guilty. This research focuses on examining the consequences of violations of this principle in investigations and the protection of suspects’ rights within the criminal justice system, along with efforts to prevent such violations. The method used is a literature review with a juridical-normative approach. The findings indicate frequent neglect of the presumption of innocence, leading to human rights violations. To prevent this, stricter supervision by external monitoring bodies, such as the National Commission on Human Rights, is necessary to safeguard the rights of suspects.

Arisman Suar Bhakti Ibrahim; Dewi Yulinang; Aswad Karimali

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the criminal liability of perpetrators with intellectual disabilities in child molestation crimes according to Indonesian criminal law. The background of this study arises from the complexity of child molestation cases involving perpetrators with intellectual disabilities, where the ability to understand and control actions is an important factor in determining criminal liability. This study uses a normative legal method with a statutory and conceptual approach, and collects data through literature review from primary and secondary legal sources. The results of the study indicate that perpetrators with mild intellectual disabilities can still be held criminally responsible with certain considerations, while perpetrators with severe disabilities are more appropriately subject to treatment rather than criminal penalties. Article 44 of the Criminal Code serves as the primary basis in determining the perpetrator's liability status. This study emphasizes the importance of a balance between victim protection and fair treatment of perpetrators, as well as the involvement of experts in the legal process. The research findings emphasize that criminal law does not only focus on imposing sanctions, but also takes into account the perpetrator's condition so that justice can be achieved proportionally. The implications of this study are the need for clear guidelines for law enforcement and public education regarding intellectual disabilities to reduce negative stigma.

Nur Aziz; Daryuti Daryuti; Marwan Marwan; Muhammad Fikri Jauhari; Aguk Nugroho +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

In this study, advocates are guaranteed legal protection to implement the right to defence in criminal cases.   to learn how criminal advocates are protected if they enforce the law.   The privilege of immunity shields advocates from civil or criminal litigation for good faith work inside and outside the court.   This study uses normative juridical research, which examines current laws and regulations.   Analysis of relevant legislation is needed for this research.   According to the study, Article 16 of Law Number 18 of 2003 concerning Advocates does not adequately describe advocates' immunity rights.   Lack of clear explanations of protection types, rights constraints, and good faith between advocates and other parties may lead to power abuses.   More extensive norms that are in keeping with other articles of the law are needed to apply advocates' immunity rights proportionately, guaranteeing freedom in performing their profession while maintaining society's and justice's legal interests.

Elita, Carlene Amalia; Salsabilla, Islama A’la Syifa; Ramadhani, Novalina Rizka Brillian; Ismawati, Rusida; Ramadhani, Zulfa Rozin

DINAMIKA HUKUM 2026 Universitas Stikubank

The case of medical malpractice involving a toddler in Bima has attracted public attention and raised the urgency of evaluating legal accountability mechanisms in healthcare. This study aims to analyze the law enforcement process and the forms of legal responsibility that can be imposed on medical personnel and healthcare institutions suspected of involvement. Using a normative juridical approach, this study examines relevant laws, doctrines, and legal literature, including provisions in the Medical Practice Law, the Health Law, the Hospital Law, and the Criminal Code. The results indicate that law enforcement in malpractice cases can be pursued through administrative, civil, and criminal channels, depending on the level of negligence and the resulting consequences. Medical personnel can be held personally liable for violations of professional standards, while healthcare institutions can be held accountable based on the principle of vicarious liability. This study concludes that the case in Bima underscores the importance of strengthening regulations, improving medical service standards, and ensuring transparency in law enforcement to protect patient rights, particularly children.

Cipto Hardoyo; Cecep Suhardiman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.