Batasan Kewenangan Bawaslu Provinsi Sulawesi Barat Dalam Penanganan Pelanggaran Pidana Pemilu Tahun 2019

Abstract

The Election Supervisory Body (Bawaslu) has the authority to treat Election violations, but election criminal offenses are mandatory through Gakkumdu. Gakkumdu is an activity center for handling election crimes, which consists of the Bawaslu, the police, and the prosecutor's office. Gakkumdu is expected to be able to effectively and efficiently assist Bawaslu in handling election criminal offenses. Especially the concern about not processing a report because it was over the deadline. This research to find out the authority of the Bawaslu in handling election criminal reports in Gakkumdu. This research use qualitative methods with a descriptive approach. The data used in the form of primary data and secondary data were collected through interviews and documentation review. The results showed handling in Gakkumdu has been running efficiently but not effectively. The existence of Gakkumdu does not always make it easier for the Bawaslu to carry out its duties to forward election criminal reports. In addition, the duties of the Bawaslu in Gakkumdu are not in line with the authorities they have. The authority of Bawaslu to forward reports is constrained by different perspectives with the Police and the Attorney General's Office, which results in reports that the handling process cannot be improved. Bawaslu as the front guard in receiving reports can't provide preliminary evidence of an election criminal report. Time limits and its authority are factors that cause Bawaslu to be unable to collect sufficient preliminary evidence to forward the report to the investigation stage.

Legal Arrangements for the Enforcement of the Neutrality Violation of the State Civil Apparatus (Asn) in Simultaneous Regional Head Elections (Case Study in Sragen Regency)

“…In article 3 of Perbawaslu Number 6 of 2018, there is a provision that reads: "The neutrality of ASN Employees, TNI Members, and POLRI Members can become objects of supervision of Bawaslu, Provincial Bawaslu, and Regency/City Bawaslu if the actions of ASN Employees, TNI Members, and Polri Members have the potential to violate provisions as regulated in the provisions of the laws and regulations regarding Elections as well as violating the code of ethics and/or discipline of each institution." (Ibrahim et al, 2021) Observing the sound of this article, it is also necessary to know that Bawaslu functions not only as a law enforcer but also as an election supervisor, monitoring the neutrality of ASN, TNI, and Polri. On that basis, Bawaslu's authority in dealing with ASN neutrality is not only in the context of law enforcement ansich (pro justitia) but also in the context of supervising or, in other words, the entrance to Bawaslu's authority in dealing with ASN neutrality can be through the supervisory function.…”