THE CRIMINAL LIABILITY OF UNREGISTERED CAMPAIGN TEAMS FOR ELECTORAL VIOLATIONS: MONEY POLITICS AND CAMPAIGNS IN PLACES OF WORSHIP

Abstract

Elections in Indonesia, as a means of democracy, face major challenges such as money politics and campaigns in places of worship, which violate ethics and undermine democratic principles. Money politics creates inequality and benefits those with large capital, while campaigns in places of worship threaten neutrality. Although both are prohibited in the Election Law, there are still legal loopholes for violations committed by campaign teams that are not registered with the election organizers, who can be involved without criminal liability. Based on this background, the following problems can be raised: first, what is the criminal arrangement for campaign teams that are not registered with election organizers who carry out money politics and campaign violations in places of worship in Law No. 7 of 2017 concerning General Elections? Second, what are the legal and procedural obstacles in law enforcement against money politics and campaigns in places of worship carried out by campaign teams that are not registered with election organizers? Third, how is the application of criminal law to campaign teams that are not registered with election organizers who conduct money politics and campaigns in places of worship, to ensure fair and democratic elections? Meanwhile, the research method used in this study is a normative juridical law research method, where the data used in this study uses secondary data. Furthermore, the collected data is then analyzed using the qualitative analysis method. Based on the results of the analysis and discussion, it can be concluded as follows: first, that the lack of clarity of regulations in the Election Law that does not include campaign teams that are not registered with the election organizers causes legal loopholes, making it easier for perpetrators to evade sanctions, especially in the case of money politics and campaigns in places of worship. Second, that law enforcement is hit by difficulties in proof, coordination between institutions, and unclear legal status of perpetrators. Third, that clearer regulations and strengthening supervision are needed to ensure fair and democratic elections, as well as so that violations can be processed effectively. The suggestions that can be put forward include the following: first, it is necessary to update the regulations governing campaigns by campaign teams that are not registered with the election organizers so that the perpetrators can still be subject to appropriate sanctions. Second, it is necessary to increase cooperation between law enforcement agencies, including Bawaslu, the police, and the prosecutor's office, for the smooth and effective legal process. Third, efforts are needed to increase public and voter awareness about the importance of maintaining places of worship as a space free of political campaigns and the dangers of money politics.