E ISSN: 2583-049X
logo

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 4, 2024

Implementation of Restorative Justice in the Enforcement of Election Crimes in Pidie Jaya Regency and Bireuen Regency



Author(s): Novi Niazari, Mohd. Din, Iskandar A Gani

Abstract:

One form of people's participation in politics in a democratic country is the existence of General Elections (Pemilu) which are free and impartial as well as honest and fair, because elections are a means of electing leaders to change the positions of head of state and members of the legislature. Election law enforcement is one of the important principles for implementing fair elections. Election criminal law regulations are regulated in Law No.7 of 2017 concerning General Elections (often called Election Act). The Election Act gives authority to the Election Supervisory Body (Bawaslu) to handle violations. The forms of election violations themselves consist of violations of the code of ethics, election administrative violations and election crimes, as well as other legal violations. These forms of election violations have their own resolution mechanisms. The mechanism for resolving election crime violations uses the criminal justice system, involving all law enforcement officers. Meanwhile, the other three types of violations are resolved through other mechanisms. Currently, in criminal law, discussions about Restorative Justice are developing, which can be considered as a basis for resolving violations. The concept of restorative justice offers a form of resolution with the aim of fulfilling the wishes of the parties with a win-win solution, so that no party feels disadvantaged any more. The concept of restorative justice in criminal law is aimed at providing protection to victims accompanied by providing compensation and rehabilitation for victims affected by criminal acts. Alternative forms of dispute resolution in the electoral legal system have begun to be implemented, namely mediation and adjudication of election disputes based on Bawaslu Regulation No.9 of 2022 concerning procedures for resolving disputes in the general election process. Therefore, it is necessary to carry out a study on the possibility of restorative justice being applied in election law enforcement, especially in the enforcement of election crimes.


Keywords: General Election (Election), Restorative Justice, Election Crime

Pages: 797-804

Download Full Article: Click Here