PENERAPAN PIDANA TERHADAP TINDAK PIDANA PEMBERIAN SUARA LEBIH DARI SATU KALI PADA PEMILIHAN UMUM DISATU TEMPAT PEMUNGUTAN SUARA ATAU LEBIH (Putusan No. 79/Pid.SuS/2019/PN BSK)

Abstract

ABSTRACT

 

One of the stages of the election is to vote at the polling station (TPS). Voters who vote more than once, can be criminal as Article 516 of Law No. 7 of 2017 concerning Elections. As in case No. 79 / Pid.Sus / 2019 / PN.Bsk. Formulation of the problem (1) How is the application of the crime against the perpetrators of the crime of voting more than once at the TPS in case No. 79 / Pid.sus / 2019 / PN BSK? (2) How is the consideration in dropping a criminal case against a criminal offense when voting gives more than one vote in TPS in case No. 79 / Pid.sus / 2019 / PN Bsk ?. The type of research used is normative legal research, the source of the data used is secondary data consisting of primary, secondary and tertiary legal material with document study data collection techniques, the data were analyzed qualitatively. Conclusions of the author's results (1) The application of a criminal act against a criminal offense voting more than once at the TPS in case No. 79 / Pid.Sus / 2019 / PN.Bsk has been convicted of violating Article 516 of the Election Law with a hukman for 3 months in prison and a fine of Rp. 1,000,000 (one million rupiah) with a trial for 6 months. (2) Judge's considerations in complying with a criminal offense against a criminal offense at the time of voting casts more than one vote at a polling station by giving judicial and non-juridical considerations.

 

Keywords: Application, Criminal, Votes, Polling Place