Tindak Pidana Pemilihan Umum Indonesia: Pengaturan, Penegakan Hukum, dan Problematika dalam Mewujudkan Pemilu yang Demokratis dan Berintegritas

Abstrak

General elections are a key instrument in realizing the sovereignty of the people and serve as one of the vital foundations for the administration of a democratic state based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The integrity of elections is determined not only by sound technical management but also by the effectiveness of law enforcement against various forms of election violations and crimes. Election-related criminal offenses have specific characteristics because they are directly related to the democratic process, the political rights of citizens, the integrity of election participants, and the legitimacy of election results. This study aims to analyze the legal framework governing election-related criminal offenses in Indonesian positive law, the forms of such offenses, the mechanisms for law enforcement, and the various obstacles encountered in practice. The study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. Primary legal sources include the 1945 Constitution of the Republic of Indonesia, Law No. 7 of 2017 on General Elections and its amendments, as well as various related regulations. The results of the study indicate that the regulations governing election-related criminal offenses have provided a relatively comprehensive legal basis, ranging from the criminalization of acts, criminal penalties, the handling process, to coordination mechanisms through the Integrated Law Enforcement Center (Gakkumdu). Nevertheless, the effectiveness of law enforcement still faces challenges in the form of differing interpretations of legal norms, time constraints in handling cases, the burden of proof, inter-agency coordination, and the evolution of information technology-based methods of violation. Therefore, it is necessary to strengthen the capacity of law enforcement officials, harmonize interpretations, improve the quality of evidence, and strengthen participatory public oversight to ensure elections that are honest, fair, transparent, and conducted with integrity.