ANALISA PUTUSAN LEPAS DARI SEGALA TUNTUTAN (ONTSLAG VAN RECHTSVERVOLGING) PADA TINDAK PIDANA PEMILIHAN UMUM DITINJAU DARI ASPEK KEADILAN PEMILU (Studi Putusan Pengadilan Tinggi Manado Nomor 69/Pid/2024/PTMnd)

Abstract

A concrete manifestation of electoral justice must be given to all parties, including the public as users of voting rights, political parties and individuals as participants and the election organisers themselves. The method used is normative juridical through analysis of the Manado High Court decision number 69 / Pid / 2024 / PTMnd, which will be studied from the aspect of electoral justice. The data collected and managed is sourced from primary data, secondary data and other relevant sources either through interview methods or other methods that are processed into answers to the problems. The results of this study found that if the regulations as contained in Law Number 7 of 2017 concerning elections become the basis for the judge's consideration in passing a decision, namely in Article 551 as a substantive aspect that the elements of a criminal act have been fulfilled, then the article in question becomes invalid or is set aside by the existence of a formal aspect in the form of provisions in Article 484, paragraph (1), which regulates whether or not the imposition of punishment is based on the time side (expiration), which indirectly in this decision no longer protects the interests of the wider community. In conclusion, in efforts to realise and implement electoral justice, a joint evaluation is needed in the regulation of criminal sanctions for elections that prioritises formal aspects and prioritises substantive aspects.

Keywords: verdict, acquittal, charges, justice, elections.