PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU YANG MEMBERIKAN SUARANYA LEBIH DARI SATU KALI DI SATU TEMPAT PEMUNGUTAN SUARA PADA PEMILIHAN UMUM LEGISLATIF (Studi Perkara Nomor 57/Pid.Sus/2019/PN.TjP)

Abstract

In general elections, voters are part of the election participants to cast their votes. Voters can be convicted of giving their voting rights more than once at a polling station (TPS) as regulated in Article 516 of Law No. 7 of 2017. 57 /Pid.Sus/2019/PN.TJP. Formulation of the problem (1) What is the criminal responsibility for the perpetrator who casts his vote more than once in one polling place in the legislative general election (Case Study Number 57 / Pid.Sus / 2019 / PN.TJP)? (2) What is the judge's consideration in imposing a criminal offender who casts his vote more than once in one polling place in the legislative general election (Case Study Number 57 / Pid.Sus / 2019 / PN.TJP)? data, namely secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The technique uses document data study and qualitative analysis. Research conclusions (1) The criminal responsibility of a defendant who gave his voting rights more than once at a polling station has been charged and convicted of violating Article 516 of Law Number 7 of 2017 with a prison sentence of two months and no need to run it and a fine of Rp. 5,000,000.0 (five million rupiah) (2) Consideration of the judge in the verdict that imposes a crime on the defendant based on the indictment, evidence, evidence in the form of letters, instructions and evidence. Non-juridical considerations are burdensome and mitigating matters.