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KEBIJAKAN HUKUM MONEY POLITIK: PATRONASE DAN KLIENTELISME DALAM PENYELENGGARAAN PEMILIHAN UMUM DIHUBUNGKAN DENGAN ASAS KEPASTIAN HUKUM
Legal Policy in the context of money Politics, patronage and clientelism in organizing elections is important. This research aims to find out and examine the problems and explore the factors that contribute to money Politics, patronage Politics and clientelism in elections in Indonesia, apart from that it also discusses the legal policies needed to overcome these problems.
This research is descriptive in nature and is a type of normative legal research, namely analyzing binding norms and regulations. This study relies on primary data obtained directly from sources, for example through material reviews of election laws. Data was collected through literature study and analyzed qualitatively.
The results of this research discuss the prohibition on money Politics in election law, emphasizing that this prohibition must apply to "anyone” who carry out such practices during elections. This research suggests not only relying on election law, but the general criminal provisions in the Criminal Code should also be used. Apart from criminal provisions, administrative sanctions or disqualification from participation in elections are necessary. The essence of elections as a means of implementing people's sovereignty must achieve legal certainty regarding sanctions for election violations. However, the weakness of the current election law in dealing with money Politics means that Article 149 of the Criminal Code which specifically relates to money Politics cannot be used. Unclear regulations regarding money Politics and the potential for Political patronage and clientelism were identified as legal gaps that need to be addressed.
Detail Information
Statement of Responsibility |
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Description |
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Publisher | STHB : Bandung., 2024 |
Language |
Indonesia
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ISBN/ISSN |
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Content Type |
Master Theses
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