PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PESERTA KAMPANYE PEMILU YANG MENGGUNAKAN FASILITAS PEMERINTAH (StudiPerkara No 23/Pid.sus/2019/PN.Bkt)

Abstract

ABSTRACT

The criminal act of election campaign using state facilities is regulated in Article 521 paragraph (1) Jo Article 280 paragraph (1) letter h of Law No. 7 of 2017 concerning General Elections. Case Number. 23 / Pid.sus / 2019 / PN.Bkt, MN actions have been proven to violate Article 280 paragraph (1) letter h. The judge sentenced him to 7 months in prison and a fine of Rp.10,000,000. Problem Formulations are  (1). What is the criminal liability of election campaign participants who use Government facilities in decision No. 23 / Pid.sus / 2019 / PN.Bkt? (2). How is the judge's judgment in imposing a crime against an election participant using Government facilities in case No. 23 / Pid.sus / 2019 / PN.Bkt.? This type of research is normative law, Data sources is secondary data consist of primary, secondary, and tertiary legal material. The technique of data collection is done by studying documents and analyzing the data qualitatively. Conclusion of research result are. (1) Criminal liability against perpetrators of election campaign participants who use government facilities in decision Number 23 / Pid.sus / 2019 / PN.Bkt, the defendant violates Article 521 paragraph (1) Jo article 280 paragraph (1) letter h of the Law Law No. 7 of 2017, and the elements have been fulfilled based on legal facts both through the testimony of witnesses and defendants, as well as evidence seen in the trial. (2) Based on the judge's consideration in the decision Number 23 / Pid.sus / 2019 / PN.Bkt before dropping the judge's decision first consider various juridical and non-juridical aspects.

Keywords: accountability, criminal, election, government