The repository administrator has not yet configured an RDF license.
DISHARMONI PENGATURAN POLITIK UANG DALAM UNDANG-UNDANG PEMILIHAN UMUM DAN UNDANG-UNDANG PEMILIHAN KEPALA DAERAH
The Disharmony in the Regulation of Money Politics in Law Number 7 of 2017 on General Elections and Law Number 10 of 2016 on Regional Head Elections has become a crucial issue in Indonesia’s electoral system. Although both laws share similarities in principles, objectives, participants, and election organizers, there are significant differences in the regulation of sanctions for money politics. Article 523 of the Election Law differentiates sanctions based on election stages, while Article 187A of the Regional Head Election Law imposes stricter sanctions regardless of when the violation occurs. This discrepancy creates legal uncertainty and inconsistency in law enforcement. This research employs a normative juridical approach or library research. The study is descriptive-analytical, examining legislation in relation to legal theory. The research approach includes a statute approach, comparative approach, and philosophical approach. The data sources consist of primary and secondary data. Data analysis is conducted using qualitative deductive methods, incorporating the perspectives of statutory regulations and Jasser Auda’s maqāṣid sharī‘ah. The research findings indicate that Article 523 of the Election Law and Article 187A of the Regional Election Law both prohibit vote-buying, impose criminal sanctions, and uphold democratic integrity based on the principles of Pancasila and the luber-jurdil (direct, general, free, and fair) election principles under the supervision of the General Election Commission (KPU), the Election Supervisory Board (Bawaslu), and the Election Organizer Honorary Council (DKPP). However, the Regional Election Law focuses more on suppressing vote-buying with harsher sanctions, including criminal penalties and candidate disqualification, whereas the Election Law imposes lighter sanctions and primarily focuses on campaign violations. Harmonization of these two articles is necessary for legal certainty due to the disparity in sanctions, where the Election Law only penalizes organizers, participants, and campaign teams based on the timing of the violation, while the Regional Election Law imposes stricter sanctions regardless of when the offense occurs. This lack of clarity creates loopholes for vote-buying and contradicts the principle of equality before the law. Based on the maqāṣid sharī'ah analysis using Jasser Auda’s systems theory, the Regional Election Law better aligns with Islamic legal principles in six aspects: it is more adaptive to social developments (cognitive nature), more comprehensive in considering systemic impacts (wholeness), more flexible in accommodating legal dynamics (openness), more consistent in aligning regulations with legal principles (interrelated hierarchy), more considerate of socio-political-economic factors (multi-dimensionality), and more effective in achieving justice through stricter sanctions (purposefulness). Therefore, a revision of the Election Law is necessary to enhance its effectiveness in combating vote-buying practices.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
DISHARMONI PENGATURAN POLITIK UANG DALAM UNDANG-UNDANG PEMILIHAN UMUM DAN UNDANG-UNDANG PEMILIHAN KEPALA DAERAH (Text)
DISHARMONI PENGATURAN POLITIK UANG DALAM UNDANG-UNDANG PEMILIHAN UMUM DAN UNDANG-UNDANG PEMILIHAN KEPALA DAERAH (Other)
HTML Summary of #71156 DISHARMONI PENGATURAN POLITIK UANG DALAM UNDANG-UNDANG PEMILIHAN UMUM DAN UNDANG-UNDANG PEMILIHAN KEPALA DAERAH
342.07 Hukum Pemilihan Umum, Hukum Pemilu