Urgensi Pengaturan Sanksi Bagi Pejabat Negara yang Melakukan Kampanye Pemilihan Umum dengan Menggunakan Fasilitas Negara

Auliyah, Addiini Fitrah (2024) Urgensi Pengaturan Sanksi Bagi Pejabat Negara yang Melakukan Kampanye Pemilihan Umum dengan Menggunakan Fasilitas Negara. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The widespread cases of politicization of social assistance (bansos) and cash transfers (BLT) during the 2024 election campaign, which constitute violations of Article 304 of Law No.7 of 2017, specifically the prohibition on the use of state facilities by state officials for election campaigns, have spurred the Author's interest in conducting this research. This study aims to understand the provisions for state officials in conducting election campaigns before and after Law No. 7 of 2017 and their differences, as well as to identify the legal vacuum and the aspect of ius constituendum in regulating sanctions for state officials who conduct election campaigns using state facilities. The research method employed is normative juridical with conceptual and legislative approaches. The provisions for election campaigns by state officials before Law No. 7 of 2017 are found in Law No. 42 of 2008 and Law No. 8 of 2012. The differences in provisions for election campaigns before and after Law No. 7 of 2017 include the merging of articles, addition of norms within articles, and alignment of articles. The current legal vacuum in the Election Law is the absence of regulations on sanctions for state officials who violate the prohibition in Article 304 of Law No. 7 of 2017. The aspect of ius constituendum in regulating sanctions for state officials who violate Article 304 of Law Law No.7 of 2017 is by establishing sanctions, whether administrative or criminal, for violators of Article 304 of Law No. 7 of 2017, in accordance with Law No. 12 of 2011. Sanctions for state officials who violate Article 304 of Law No. 7 of 2017 should be formulated clearly in positive law form to achieve legal certainty. Keywords: Urgency of Sanction Regulation, State Officials, Election Campaign, State Facilities.

Item Type:

Thesis (Undergraduate)

Contributors: