KONSTRUKSI HUKUM HAKIM DALAM TINDAK PIDANA PERUSAKAN ALAT PERAGA KAMPANYE SEBAGAI TINDAK PIDANA UMUM BERDASARKAN PUTUSAN PENGADILAN NEGERI PEKANBARU NO.70/Pid.b/2019/PN.PBR

Abstract

The constitutional position of the election is stated in Article 22E
paragraph (2) of the 1945 Constitution which affirms that "General elections are
held to elect members of the People's Representative Council, Regional
Representative Council, President and Vice President, and the Regional People's
Representative Council. , a legal entity or organization that deliberately violates
the law, disrupts, obstructs, or disrupts the course of general elections held
according to the law. The destruction of APK is an election crime because it has
been regulated in Law Number 7 Year 2017 concerning Elections. The prohibition
against tampering with APK is regulated in Article 280 paragraph (1) letter g of
the Election Law. This article states that executors, election participants and
campaign teams may not damage and / or lose the GER of election participants.
In this context, election participants are pairs of presidential-cawapres
candidates, candidates for political parties and candidates for members of the
Regional Representative Council (DPD). Therefore, the researcher took the title
Legal Construction of Judges in the Crime of Destruction of Campaign Props as a
General Crime based on the Pekanbaru District Court Decision No.70 / Pid.B /
2019 / PN.PBR.
The purpose of this study is to determine the synchronization of general
criminal law against the criminal act of destroying campaign props based on the
provisions of Indonesian criminal law and to find out the ideal arrangements for
the perpetrators of the crime of destroying campaign props based on the
provisions of Indonesian criminal law. The type of research in this research is
normative research which is carried out by researching literature or secondary
data alone.
Keywords: Legal construction, Judge, Crime, Destruction of Campaign Props