Penerapan Sanksi Pidana Bersyarat pada Kasus Pidana Pemilihan Umum di Pengadilan Negeri Banda Aceh Tahun 2019 (Studi Putusan Pengadilan Negeri Banda Aceh Nomor: 170/PID.SUS/2019/PN-BNA dan Nomor: 171/PID.SUS/2019/PN-BNA)

Abstract

General Election (Election) crimes are criminal acts of violation and/or crime as stipulated in Law Number 7 of 2017 concerning General Elections. Criminal acts in elections are actually contained in the Criminal Code, which is contained in Chapter IV of the Second Book of the Criminal Code, namely regarding "crimes against the implementation of state obligations and rights". Conditional punishment for election crimes is not regulated in Law Number 7 of 2017 concerning General Elections, but judges in several cases of election crimes use conditional sentences to convict defendants of election crimes. The problem raised in this thesis is how the implementation, application and consideration of judges in deciding election crimes with conditional criminal sanctions. The research carried out is normative legal research and the research approach used is a statute approach and a case approach, namely by using secondary data sources of legal materials, namely those consisting of primary legal materials, secondary legal materials and legal materials. tertiary, namely by analyzing it using qualitative methods to be able to draw conclusions deductively. The imposition of conditional criminal sanctions does not exist and is not regulated in Law Number 7 of 2017 Concerning General Elections, instead it is regulated in the Criminal Code Article 14a. The Panel of Judges in giving a decision on the election crime case Number 170/Pid.Sus/2019/PN. BNA and decision Number 171/Pid.Sus/2019/PN. BNA applied conditional sentences against the two defendants. The considerations of the Panel of Judges in deciding the two cases do not reflect legal objectives based on justice and expediency. Law enforcement officials, in this case judges, in enacting and implementing or giving legal considerations to election criminal acts, must be guided by the legal principle, namely lex specialis derogat legi generali (special law overriding general law) and prioritize fair law enforcement, namely justice for electoral democracy and society. as a whole in order to create honest and fair General Elections (Pemilu) which will ultimately create and produce leaders who are good, have integrity and are responsible to the people.