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Journal : Al-'Adl

The Effectiveness of Election Administrative Law Enforcement by the General Election Supervisory Agency Bahari Bahari; Laode Bariun; Winner Agustinus Siregar
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2842

Abstract

This research examines the the effectiveness of election administration law enforcement by the General Election Supervisory Agency in the application of Law no. 7 of 2017 concerning Elections related to handling violations, namely Article 461 paragraph 6 and  Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi.  With the various forms of Administrative Election violations found in the 2019 General Election, it takes hard work from the Election Supervisory Agency (Bawaslu) to handle administrative violations in order to create the 2019 Election that is fair, honest, and free of various kinds of violation. The method of this research uses empirical normative legal research with a statue approach. The results showed that administrative violations processed by Bawaslu of Southeast Sulawesi Province reflect the effectiveness of the application of Article 461 paragraph 6 and Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi. Bawaslu of Southeast Sulawesi Province has handled 5 (five) administrative violations with verdicts that do not meet the formal and material requirements, 2 (two) administrative violations with a verdict not proven legally and a verdict proven legally. This achievement is an effective performance of making verdict that lead to doing things right, which contributes to fulfill mission or achieve goals of agency. The violation was caused by the reported party's unconsciousness that it qualifies as a violation and the reported lack of awareness in implementing direct, general, free, confidential, honest and fair in the administration of elections. From the aspect of legal culture, the general public or the parties misunderstand that their actions are classified as violatios in election.
Implementation of Regency/Municipal Bawaslu Authority in Handling Election Criminal Violations Committed by Children Darma, Darma; Bariun, La Ode; Siregar, Winner
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.3101

Abstract

The study aims to determine the authority of Regency/Municipal Bawaslu in handling election criminal violations and election criminal violations and to find out the implementation of the handling of election criminal violations and election criminal violations committed by children in the 2019 and 2020 elections. Cities in handling election criminal violations, starting from receiving and following up on findings and reports related to alleged election criminal violations, examining and reviewing election criminal violations, collecting evidence, requesting information needed from related parties or clarification, and forwarding the results review of findings and reports to authorized agencies for follow-up. Meanwhile, the handling of election criminal violations is carried out at each stage of the election implementation based on findings and reports. Following up on reports related to the alleged election criminal violations by conducting studies and clarifications, these were then forwarded to Gakkumdu. Meanwhile, the implementation of the handling of election criminal violations and election crimes committed by children during the 2019 elections in Bombana Regency as well as the 2020 elections in South Konawe Regency and East Kutai Regency used diversion efforts at the investigative level. The Diversion process is conducted through deliberations involving children and their parents or guardians, the Gakkumdu Sentra Team, Community Advisors, and the community. This provision refers to the formal provisions of the juvenile justice system as stipulated in Law Number 11 of 2012.