Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Law Enforcement of General Election Crime as An Effort To Establish A Just Election

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312447,
        author={Tony  Hermawan},
        title={Law Enforcement of General Election Crime as An Effort To Establish A Just Election},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={general election law enforcement criminal offense},
        doi={10.4108/eai.14-4-2021.2312447}
    }
    
  • Tony Hermawan
    Year: 2021
    Law Enforcement of General Election Crime as An Effort To Establish A Just Election
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312447
Tony Hermawan1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: tohermawan95@gmail.com

Abstract

The handling of general election violations is mainly related to law enforcement issues. Violations always occurred in every election in Indonesia. This normative juridical research was supported by empirical juridical research, in which secondary data consisting of primary, secondary and tertiary legal materials were analyzed. The results showed that the ideal concept of general election criminal offenses eradication is an effort uphold the justice in elections by solving institutional problems. To overcome these problems, Ius Constituendum, the formation of a new independent institution (Auxiliary Organ), namely the Election Criminal Enforcement Commission is needed. This institution holds the direct responsibility from the public. The Election Criminal Enforcement Commission is required to enforce the values of democracy and sovereignty. This institution can be established based on the law, and its headquarter should be in the capital cities of the state, province and district / city. Election Criminal Enforcement Commission is in-charge of carrying out inquiry, investigation and prosecution to avoid institutional problem. Further, the objectives of elections and regional elections can be properly achieved.