CD Skripsi
Analisis Yuridis Pelanggaran Pasal 550 Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum Berdasarkan Asas Legalitas
ABSTRACT
The main challenge in organizing elections is law enforcement against
election crimes for violations that occur. Weak electoral law enforcement poses a
serious threat to the survival of democracy. In Article 550 of Law Number 7 of
2017 concerning General Elections (PEMILU) it is explained that "Every
campaign implementer or participant who is proven intentionally or negligently
causing disruption of the stages of organizing the Election, shall be punished with
imprisonment for a maximum of 2 (two) years and a maximum of Rp.
24,000,000.00 (twenty four million rupiah)”.
This legal research is a normative legal research. It is called normative
legal research because this research is carried out or aimed only at written
regulations or other legal materials. This research is included in normative
juridical research, namely, based on legal principles, namely the principle of
Legality.
The conclusions that can be obtained from the results of the study are
First, a juridical analysis of violations of article 550 of law number 7 of 2017
concerning general elections based on the principle of legality, where article 550
explains that every implementer or participant who is proven intentionally or
negligently can result in disruption of the stages holding an election may be
sentenced to a maximum imprisonment of 2 (two) years and a maximum fine of
Rp. 24,000,000.00 (twenty four million rupiah). This article contains disturbances
that can cause delays in the implementation of elections, but the disturbance
referred to in Article 550 of Law Number 7 of 2017 concerning General Elections
(PEMILU) does not explain in detail what kind of disturbance is a criminal act. If
the election is tainted and flawed in its implementation, namely the occurrence of
violations, the parties who intentionally or unintentionally must be given legal
sanctions and take firm action both according to the Criminal Code and the
Election Law. Second, the ideal formulation of Article 550 of Law number 7 of
2017 concerning general elections based on the principle of legality which
basically when it comes to Indonesian criminal law must remain based on
codified written law. The main basis in imposing a sentence on a person who has
committed a criminal act is an unwritten norm, which is not punished if there are
no mistakes. The principle of legality is the pillar of criminal law, which is
implied in Article 1 of the Criminal Code, there is no act that can be punished,
except for the strength of the criminal rules in the legislation that existed before
the act was committed.
Keywords: Analysis, Violation, General Election, Legality Principle
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