Zubairi, Zubairi
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Inconsistency in Political Bride Price (Mahar) Criminal Arrangements in Presidential Elections Zubairi, Zubairi
Law Research Review Quarterly Vol 4 No 3 (2018): L. Research Rev. Q. (August 2018) "Law and Democracy in General Election: Between
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i03.27020


Setting the threshold of the nomination of the President in Article 222 of Law Number 7 of 2017 makes political parties election participants who do not meet must join with other political parties. This has the potential to lead to political dowry actions because a combination of political parties can only carry one pair of candidates for President and Vice President. Mahar politics have actually been banned in Article 228 of the Election Law, but they are not equipped with clear sanctions. This type of research is legal research. The Election Law does not regulate criminal sanctions against political dowry measures. The only sanctions that can be imposed are only administrative witnesses in the form of a ban on nominating candidates in the next period. Unfortunately the sanctions only apply to political party recipients of political dowry (Article 228 paragraph [2] and [4] of the Election Law). Though in principle the political dowry is certainly a crime so there must be criminal sanctions. This is certainly different from the provisions in Article 47 juncto Article 187B-187C Law Number 10 Year 2016 (UU Pilkada), which regulates dowry actions in the process of nominating a regional head qualified as a criminal offense in which the giver and the recipient are threatened with criminal sanctions in the form of criminal prison and fines. There are different arrangements in the Election Law and the Election Law. The Election Law does not regulate criminal dowry politics, whereas the Election Law regulates it.
Investigation Policy on Crime of Unfair Business Competition After the Enforcement of the Omnibus Law Zubairi, Zubairi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.31736


Violations of Law 5/1999 may be subject to administrative and criminal sanctions. Administrative sanctions are imposed by KPPU, while for criminal sanctions it is not clear by whom. The legal problem is how are the investigation arrangements in Law 5/1999 in conjunction with Law 11/2020? and What is the investigation policy in the RUU Monopoly Practices?. This is a legal research with statute and conceptual approach. Primary and secondary sources were collected using the literature search and analyzed using a prescriptive method. The institution authorized to conduct investigations in Law 5/1999 in conjunction with Law 11/2020 is not clearly regulated whether from the Police or PPNS, in addition, legal subjects that can be investigated are not clearly regulated. Likewise, RUU Monopoly Practices does not improve the investigation arrangements. The only investigation setting is only in Article 39 paragraph (2) of the Monopoly Practices Bill which stipulates that KPPU in conducting searches and/or confiscations may request assistance from Polri and is not given other powers. Whereas RUU Monopoly Practices, but it is not clear how the investigation will be carried out. Suggestions for solving these legal problems are that Law 5/1999 needs to improve the investigation arrangements. Should be in English, maximum 250 words, contain the background of research, facts, research problems, method, findings, suggestions.