Putriani, Mutiara (2025) Pembuktian dan Pertimbangan Hukum Tindak Pidana Merusak Alat Peraga Kampanye Peserta Pemilu (Studi Putusan Nomor 42/Pid.Sus/2024/Pn. Dum). Other thesis, Universitas Islam Riau.

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Abstract

General elections as a means of realizing democracy in Indonesia are an important momentum for the community in determining the direction of the nation's leadership. In the implementation process, various rules and legal protections have been formulated to ensure that elections take place in an orderly, honest, and fair manner. One of them is the protection of campaign props as part of the political expression of election participants. However, in practice, violations of this provision are not uncommon, as reflected in case Number 42/Pid.Sus/2024/PN Dum. The main problem in this study is how is the process of proving a crime by intentionally damaging campaign props of election participants based on (study of decision number 42/Pid.Sus/2024/PN Dum) and what is the basis for the judge's consideration of the crime of intentionally damaging campaign props of election participants based on (study of decision number 42/Pid.Sus/2024/PN Dum). This study uses a type of normative legal research, namely research that seeks to examine legal norms in criminal cases, namely case Number 42/Pid.Sus/2024/PN Dum. The nature of this research is descriptive, namely describing in detail with the intention of providing a complete picture and description of the Evidence and Legal Considerations for the Criminal Act of Damaging Election Participants' Campaign Equipment (Study of Decision Number 42/Pid.Sus/2024/Pn Dum). Based on the results of the study, it can be understood that the results of the evidence carried out by the public prosecutor against the defendant. First, As regulated and threatened with criminal penalties in Article 521 Jo Article 280 paragraph (1) letter G of Law of the Republic of Indonesia Number 7 of 2017 concerning General Elections. Second, As regulated and threatened with criminal penalties in Article 406 paragraph (1) of the Criminal Code, where the elements charged by the public prosecutor which are considered legally and convincingly proven are declared guilty of committing a crime by intentionally damaging the campaign equipment of election participants. Therefore, based on the consideration of the facts in the trial that arose. The Panel of Judges proved the legal considerations submitted by the Public Prosecutor, before the panel of judges imposed a sentence, they first considered the aggravating and mitigating factors for the defendant. In this case, the panel of judges, after obtaining more than 2 items of evidence from the public prosecutor with full confidence, the panel of judges imposed a prison sentence of 3 (three) months and a fine of Rp. 1,000,000.00 (one million rupiah) with the provision that if the fine was not paid it would be replaced by imprisonment for 1 (one) month.

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