Eddy, Ecky Fajrian (2024) Kedudukan Hukum Presiden Dalam Melaksanakan Kampanye Pada Pemilhan Presiden Dan/atau Wakil Presiden Berdasarkan Undang-undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum. Masters thesis, Universitas Islam Riau.

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Abstract

President Jokowi stated that the President and Ministers could take sides in the presidential election, as long as they did not use state facilities. The President also stated that this was related to the citizens' political rights and political positions held by each state official. The type of research that will be conducted is Normative Law research, which is a study that lays down law as a norm system. The norm system referred to in this study is about the comparison of laws to address the legal problems faced. The results show that the President's implementation of the campaign is actually allowed as referred to by the provisions of Article 281 paragraph (1) of Law Number 7 of 2017 on General Elections which states that the Election Campaign includes the President, Vice President, Minister, governor, deputy governor, regent, deputy regent, and deputy regent. the mayor, and the deputy mayor shall comply with the provisions of not using the facilities in office, except for security facilities for state officials as provided for by the provisions of the legislation, and shall be on leave outside the dependency of the state. However, based on the dissent from the 3 judges of the Constitutional Court in the cases No.1/PHPU.PRES.XXII/2024 and No.2/PHPU.PRES.XXII/2024 is fundamental evidence that President Joko Widodo is involved in winning one of the 2024 presidential and vice presidential candidates through the deployment of ministries and institutions from the central level to the regional level in the use of social assistance, Of course this is a bad record in holding elections in Indonesia. And that the legal implications of the President who is still in office to carry out the Campaign in the Presidential Election and/or Vice President have a potential adverse impact if the ethics of this campaign continue to be violated by the President. First, opening a veiled campaign room, the campaign carried out by the President under the provisions of not using facilities in his office, except for security facilities for state officials and having to be followed by a leave of absence will be difficult to implement. How could state facilities not be used if a President made regular visits to areas using planes, cars and other presidential needs. The President's actions in the form of distributing social assistance to the public will only be a veiled campaign. As a result, the Election Supervisory Agency will also find it difficult to distinguish the President from campaigning or carrying out government work. Second, undermining the neutrality of the apparatus, the President should understand that campaigning and neutrality of a President are very dangerous, because it will trigger a wave of non-neutrality of the apparatus below him, such as the Minister, TNI/Polri, State Civil Apparatus (ASN), Acting Regional Heads to Village Heads. The neutrality of the apparatus in the election is certainly important to maintain a fair and equal contestation climate for all contestants, not just candidates supported by the President.

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