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All Journal Yustisia Arena Hukum Jurnal Bina Mulia Hukum JURNAL MERCATORIA Media Iuris Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Supremasi International Journal of Educational Review, Law And Social Sciences (IJERLAS) Yuridika
Shinta Hadiyantina
Universitas Brawijaya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Yuridika

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Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia Jamil Jamil; Moh. Fadli; Shinta Hadiyantina; Ngesti Dwi Prasetyo
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.48338

Abstract

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile,  for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.
Co-Authors Abdul Rachmad Budiono Afifulloh Amir, Irfan Angga Dwi Prasetyo Dewi Cahyandari Dewi Cahyandari Dhiana Puspitawati Dina Imam Supaat Dwi Kukuh Verdyandika Endang Sri Kawuryan Indah Dwi Qurbani Intan Meitasari Jamil Jamil Moh. Fadli Ngesti Dwi Prasetyo Nur Auliya Rahmatika Nur Faisyah Qurni Annamalia Sudarsono Sudarsono Tiara Maharani Tunggul Ansari Setia Negara Xaviera Qatrunnada Djana Sudjati