PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMILU YANG MELAKUKAN KAMPANYE PEMILU DILUAR JADWAL YANG DITETAPKAN KOMISI PEMILIHAN UMUM (Studi PerkaraNo.30/Pid.Sus/2019/PN Bsk)

Abstract

ABSTRACT

Election campaigns are carried out by candidates for legislative members with a schedule determined by the General Election Commissions regulated in Article 276 Paragraph (2). Violations of this article will be sentenced to Article 492 with a maximum imprisonment of 1 (one) year and a maximum fine of Rp. 12,000,000. The case of ASR as a candidate for legislative member from the Gerindra Party in the chosen region of Tanah Datar District who had conducted a campaign before the schedule determined by the General Election Commissions of Tanah Datar Regency. Problem Formulation are: 1) How is criminal liability for the perpetrators of criminal acts intentionally conducting election campaigns outside the schedule determined by the General Election Commissions? 2) How is the judge's consideration in imposing a criminal act against a criminal offense by deliberately conducting a campaign outside the schedule set by the General Election Commissions? This studi used normative legal approach. Data sources were secondary data consistingof primary, secondary and tertiary legal materials. The Data was collected by documentary study with analized qualitatively. Base on the study show: 1) Criminal liability by the defendant in the verdict is charged with a sentence of imprisonment of 2 (two) months and a fine of Rp. 3,000,000 (three million rupiah). 2) Judges' considerations in issuing decisions against perpetrators of election crimes who carry out election campaigns outside the schedule set by the General Election Commission are based on juridical considerations and non-juridical considerations.

Keywords: accountability, criminal, campaign, schedule