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Cipto Hardoyo; Yasmirah Mandasari Saragih; Biner Sihotang

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

Endah Astuti; Ade Maman Suherman; Tri Setiady

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the legal implications of personal data misuse during the 2024 Jakarta gubernatorial election involving Dharma Pongrekun. The research highlights systemic challenges in safeguarding data privacy in Indonesia, particularly in electoral contexts. Employing a normative juridical method, the study focuses on the application of the Personal Data Protection Law (UU PDP) and its enforcement mechanisms. Findings reveal that unauthorized use of voter data, such as identity theft, poses a severe threat to electoral integrity and public trust. The lack of coordination among regulatory bodies, combined with insufficient public awareness, exacerbates the issue. The study emphasizes the urgent need for comprehensive reforms, including stricter law enforcement, increased institutional accountability, and improved technological infrastructure. Furthermore, the findings advocate for public education on the importance of data privacy, especially in democratic processes. These measures aim to bolster electoral transparency, protect individual rights, and ensure justice in cases of data misuse. The research provides a valuable contribution to discussions on data protection and electoral governance in Indonesia. Strengthening the enforcement of the UU PDP is crucial to addressing these challenges and fostering trust in both the legal system and democratic processes.

Alven Patrick Tanggo; Deddy R. Ch. Manafe; Rosalind Angel Fanggi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze law enforcement against money politics crimes by legislative candidates in the 2024 general election in East Nusa Tenggara Province. This research is a normative judicial legal research sourced from primary legal materials and secondary legal materials with  a case approach and a legislative approach. Data collection in this study uses interviews and documentation Furthermore, the legal materials that have been collected are described in a qualitative descriptive manner in order to obtain a picture that can be understood clearly and directed to answer the problem. The results of the study show that (1) Money politics actors have not been fully held criminally accountable for what they have done. Law enforcers must provide criminal penalties to perpetrators who have fulfilled the elements of criminal responsibility fairly so that they can have a deterrent effect so that it is hoped that in the future money politics cases will be minimized. (2)  The role of the Integrated Law Enforcement Center (Gakkumdu) in handling cases of violations of the 2024 simultaneous elections in East Nusa Tenggara Province is to resolve violations of election crimes.

Ervin Fitianingrum; Ramlan Ramlan; Lagat Parroha Patar Siadari; Soerya Respationo; Erniyanti Erniyanti

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement

La Ode Risman

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of the Council's Honorary Court as a supporting tool is contained in Article 119 of Law Number 17 of 2014 concerning MD3 in conjunction with Law Number 2 of 2018 concerning MD3 in conjunction with Law Number. 13 of 2019 concerning MD3. That the Council's Honorary Court was established by the DPR with the aim of maintaining and upholding the honor and dignity of the DPR as a representative institution of the people. That the implementation of the Election which is carried out directly is a manifestation of the implementation of democracy which is a manifestation of the sovereignty of the people. In the election, violations of the law were found as regulated in Law Number 7 of 2017 concerning Elections. That election crimes are a form of violation of the law related to acts of falsification of documents, money politics and there is also intimidation of voters and others. That these actions are alleged violations of election crimes because they are contrary to laws and regulations. That to ensure the existence of an election crime, it must go through a court process with a judge's decision, which must first be processed by the Gakkumdu Center, which is an element of Bawaslu, the National Police, and the Attorney General's Office of the Republic of Indonesia. That if proven to have committed an election crime as stated in the district court decision, the legislative candidate has committed an ethical violation, although this must be processed legally in accordance with the mechanism regulated in the DPR Council's Ethics Court, namely referring to the MD3 Law, Regulation of the People's Representative Council Number. 1 of 2015 concerning the Code of Ethics of the People's Representative Council of the Republic of Indonesia and Regulation of the People's Representative Council Number. 2 of 2014 concerning the Procedures of the Council's Ethics Court.