Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Unlawful Crime Management of Election

Author(s): Lalu Parman

The purpose of this study was to analyze the handling and obstacles in the handling of election crimes in Lombok Island. This study used an empirical legal research method with the research location at the Election Supervisory Board (Bawaslu), West Nusa Tenggara NTB Province with area coverage on the island of Lombok. The approach method used is the statutory approach, conceptual approach and sociological approach. The handling and handling of election crimes in the West Nusa Tenggara (NTB) Provincial Election Supervisory Board on the island of Lombok was 59 cases. In Bawaslu NTB, there were 11 cases handled, 7 cases for Bawaslu for Mataram City, 12 for Bawaslu for West Lombok Regency, 2 for Bawaslu for North Lombok Regency, 20 for Bawaslu for Central Lombok Regency, 7 for Bawaslu for East Lombok Regency. Of the total 59 cases, 50 cases did not fulfill the elements according to the provisions of Law no. 7 of 2017, while 9 cases have permanent legal force (inkracht). The mechanisms for handling that are: First, investigating preliminary information on alleged election violations in the province. Second, examine and study alleged election violations in the province. Third, submit a criminal investigation to the Gakkumundu Center in this case the Police. Fourth, submit the results of the supervision. Most of the settlements of election crimes in the island of Lombok are not fulfilled by formal and material elements. Prevention constraints: First, legal substance constraints include differences in interpretation of the provisions of election crimes, fulfillment of formal and material elements, time restrictions, minimal administration, management, and election justice arrangements. Second, the obstacle to law enforcement is the lack of understanding of the law, such as a misunderstanding of hand-catching operations in election crimes known as surveillance results in Bawaslu. Third, the society's obstacle is that the community has taken sides with certain candidates who commit violations and are still tolerant of money politics.

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