Analisis Terhadap Putusan Bebas Dalam Tindak Pidana Pemilihan Calon Wakil Wali Kota Pangkalpinang (Studi Kasus: Putusan Pengadilan Tinggi Bangka Belitung Nomor 14/PID-SUS/2018/PT.BBL)

Riadi, Aryan (2022) Analisis Terhadap Putusan Bebas Dalam Tindak Pidana Pemilihan Calon Wakil Wali Kota Pangkalpinang (Studi Kasus: Putusan Pengadilan Tinggi Bangka Belitung Nomor 14/PID-SUS/2018/PT.BBL). Masters thesis, Universitas Islam Riau.

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Abstract

Transactional politics is the division of political power based on agreements made by several political parties or political elites and their clients. This act is prohibited by Article 187A of the Election Law because it can violate the principle and injure the nature of election contestation itself. In case Number 14/PID- SUS/2018/PT.BBL which is the object of the author's research, the Defendant is suspected of committing a transactional political crime by charging electricity tokens directly to residents' homes during the campaign. In accordance with the KPU regulations, electricity tokens are not included in the campaign materials that can be shared with campaign participants. Nevertheless, the decision of the judges at the first level stated that the public prosecutor's indictment was unacceptable is not known in the criminal law, then at the level of appeal The judge handed down an acquittal to the Defendant. Based on the description above, the writer is interested in examining the case, how to regulate criminal sanctions for the perpetrators and how the legal considerations of the Panel of Judges are based in passing an acquittal in this case. When viewed from the type, this research is classified as normative legal research by means of document studies, then when viewed from the character writing is descriptive analytical, namely writing that is intended to provide a detailed, clear, and systematic description of the arrangement of sanctions against perpetrators of alleged transactional political crime and the legal considerations of the Panel of Judges in deciding the acquittal of the perpetrators in this case. From the results of the study found legal facts that the application of criminal sanctions is not limited to the giver but also to the recipient of the reward, in this case the recipient is not made a defendant, but only as a witness, regardless of the reason, Sentra Gakkumdu as a law enforcer is the implementer of the Act. Law, regarding sentencing should be submitted to the Panel of Judges. In addition, the consideration of the Panel of Judges in this case has been wrong and has no legal basis, because it makes an analogy of giving electricity tokens as a permissible gift, even though regarding prizes it has been specifically regulated in the KPU Regulation that prizes can only be given in campaigns with the competition method, so it can't be avoided anymore that electricity token pulses are included in the category of other materials that are prohibited and threatened with criminality, therefore the Panel of Judges should decide on the punishment of the perpetrators.

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