Ancaman Pidana Terhadap Pelaku Kampanye Golput Dalam Perspektif Peraturan Perundang-Undangan Di Indonesia

Abstract

This study aims to 1) determine and analyze the legal regulations for campaigners who abstain from voting according to Indonesian laws and regulations; 2) determine and analyze the formulation policy for criminal threats against campaigners who abstain from voting according to Indonesian laws and regulations in the future. The research method used is the normative legal research method and the approaches used are the legislative approach and the conceptual approach and the case approach. The analysis of the legal materials used in this study was carried out by interpreting, evaluating and assessing all laws and regulations and assessing relevant legal materials. The results of the study indicate that 1) The legal regulations for campaigners who abstain from voting according to Indonesian laws and regulations that the criminal act of campaigning for abstain from voting is regulated in Article 515 of Law Number 7 of 2017 concerning General Elections and Articles 146 to 152 of the Criminal Code which clearly determine several acts that can be punished related to the Election. Golput campaigns cannot be prosecuted using the ITE Law, there are no provisions in the ITE Law that can be used to prosecute calls to abstain from voting. Provisions regarding prohibited acts in the ITE Law and its amendments can currently only be used to prosecute acts such as the distribution of information or electronic documents that contain moral violations, gambling content, insults and/or defamation, extortion and/or threats, fake news that results in consumer losses, information that causes hatred or hostility, threats of violence or intimidation that are directed personally, unauthorized access, destruction of electronic information, and other acts; 2) The formulation policy regarding criminal threats against golput campaigners according to Indonesian laws and regulations in the future is that the criminalization of golput movements can only be carried out if the movement is accompanied by money politics or by using violence, threats of violence, and obstructing someone who will exercise their right to vote. Criminalization against golput campaigners cannot be carried out as long as it does not create chaos or interfere or does not cause the loss of other people's right to vote. People can be punished for elections when they disrupt the election process, cause others to lose their right to vote, and cannot use their right to vote.

 Keywords: Formulation Policy, Criminal Threats, Golput Campaigners