Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Abstentions Phenomenon: Is It Truly a Recognized Human Right?

Download262 downloads
  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326256,
        author={Lita Tyesta Addy Listya Wardhani and Untung Sri Hardjanto and Kadek Cahya Susila Wibawa},
        title={Abstentions Phenomenon: Is It Truly a Recognized Human Right?},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={abstentions election human rights election crimes},
        doi={10.4108/eai.27-7-2022.2326256}
    }
    
  • Lita Tyesta Addy Listya Wardhani
    Untung Sri Hardjanto
    Kadek Cahya Susila Wibawa
    Year: 2023
    Abstentions Phenomenon: Is It Truly a Recognized Human Right?
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326256
Lita Tyesta Addy Listya Wardhani1,*, Untung Sri Hardjanto1, Kadek Cahya Susila Wibawa1
  • 1: Universitas Diponegoro
*Contact email: litatyestalita@gmail.com

Abstract

The phenomenon of “abstentions” is an act of someone intentionally not voting in the General Election for certain reasons. It often becomes a problem in society. This study aims to analyze the phenomenon of abstention from the perspective of laws and human rights. It also aims to analyze the act of abstention from the perspective of crime and punishment. This research is normative juridical research using a statute and case study approaches. The results of the study show that the act of abstention is an action that is fully guaranteed by the constitution and various existing laws and regulation, such as the Election Law to the Human Rights Law. People who consciously choose to abstain cannot be subject to criminal sanctions. However, anyone who instigates other people to act abstentions can be subject to criminal sanctions. Based on the results, the act of abstention should be recognized by the General Elections Commission (KPU) as a valid non-voting ballot, and its presence can still be counted.