Audyna Mayasari Muin
Universitas Hasanuddin Makassar

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SISTEM PEMBUKTIAN PEMALSUAN DOKUMEN DALAM TINDAK PIDANA PEMILU DI INDONESIA M. Khaerul; Amir Ilyas; Audyna Mayasari Muin
JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i1.5305

Abstract

In the proof system for falsifying documents in election crimes, of course, it requires a good process in terms of applying sanctions for violators if they are proven to have committed an election crime, seen from material and formal legal facts and supported by evidence submitted starting from the investigation process, investigation to the court so that the trial process can determine whether the defendant is guilty or not, based on the evidence presented. As well as the application of sanctions regulated in the law, both specifically and generally. The proof system for falsification of documents in election crimes in Indonesia refers to Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHP), and is also based on evidence presented at trial. 2) The legal implications of the document falsification system in electoral crimes in Indonesia in terms of formal and material legal regulations in Law Number 7 of 2017 concerning General Elections, and the administration of elections as well as law enforcement officers in election crimes
Termination of Investigation on Election Crime Cases in 2019 Arham Syah; Syukri Akub; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (453.495 KB) | DOI: 10.35335/legal.v12i1.367

Abstract

This study aims to analyze what is the basis for stopping the investigation of election crimes and analyze the ideal concept of handling election crimes in Indonesia. The type of research carried out is descriptive analysis, which is a study that intends to provide an overview of something about social phenomena that aims to provide a systematic, factual and accurate description and the discussion in this thesis uses an empirical juridical approach, namely examining existing problems juridically by using laws and regulations. -applicable legislation and legal theories supported by the study of library data. The results of the study show Termination of the investigation of cases of election crimes, based on 2 (two) reasons, namely juridical reasons and non-juridical reasons. The juridical reason is that there is not enough evidence to prosecute, this is based on the provisions of Article 7 paragraph (1) letter i in conjunction with Article 109 paragraph (2) of the Criminal Procedure Code. The non-juridical reason is that in the main case (principal) there has been a Court decision stating Liberation (Vryspraak), while the Election Crime investigated is an assessor (following) on ??the main case. Because the main case has been acquitted, the logical consequence is that the investigation of the election crime case which is assessor in nature must be stopped. 2) The ideal concept in handling election crimes in Indonesia is to strengthen the Bawaslu Institution. The granting of authority to the Bawaslu Institution needs to be carried out, that authority includes the appointment of investigators and public prosecutors. Institutionally, Bawaslu must also be independent in making decisions. Decisions issued are no longer influenced by other institutions.