MODEL PERADILAN TINDAK PIDANA PEMILU, ANTARA CRIME CONTROL MODEL, DUE PROCESS MODEL, ATAU PERADILAN KHUSUS ?

saleh darmawan

Abstract


The criminal proceedings for the 2019 Election are carried out based on the Criminal Procedure Code, as long as Law Number 7 of 2017. That is not stipulated otherwise by Law Number 7 of 2017. That is the essence of what is contained in Article 477 of Law Number 7 of 2017 concerning General Elections. The rules regarding the procedural process for election criminal justice contained in Law Number 7 of 2017 along with its implementing regulations have created a framework for a separate judicial system that is different from the general criminal procedural law as regulated in the KUHAP, even though the KUHAP is stated as the main basis for implementation. Election criminal procedure law. The use of the Criminal Procedure Code as the main guideline for handling election crimes has consequences for the criminal justice model Crime Control Model and the Due Process Model in the election criminal justice process.

Keywords: Election Crime Court


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DOI: https://doi.org/10.20884/1.jih.2021.7.2.186

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