Journal PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PEMILU

Abstract

The purpose of this research is to find out how the classification of acts included in General Election Crimes according to positive law in Indonesia and what the criminal responsibility for perpetrators of General Election Crimes according to Law Number 7 of 2017 which uses normative legal research methods is concluded: 1. Provisions The Election Law has various juridical paradigms in enforcing election law in Indonesia, including those related to Election Results Disputes, Election Administrative Violations, and violations of election criminal law, where these three things are different from one another. General election crime is one of the most important elements in the enforcement of election criminal law. The classification of election crimes has been regulated in the Criminal Code as the main rules relating to crimes in Indonesia, namely in Articles 148 to Article 151. Apart from that, as a special rule that covers election criminal law in Indonesia, Law Number 7 of 2017 also regulates related acts. election crimes contained in Articles 488 to Article 554. 2. Criminal provisions for perpetrators of general election crimes have been regulated in a separate chapter in Law No. 7 of 2017. Based on various existing literature, perpetrators of criminal acts election can be responsible for violations of election crimes, as long as it fulfills the elements. This means that as long as the perpetrators of election crimes have fulfilled the elements of error, the legal subject must be held criminally responsible for the errors committed in the election act based on the election crime provisions regulated in Law No. 7 of 2017.