ENFORCEMENT OF FAIR ELECTION LAW IN INDONESIA

Resumo

Direct elections by the people are a means of realizing people's sovereignty in order to produce a democratic state government based on Pancasila and the 1945 Constitution. The 1945 Constitution in Article 1 paragraph (2) and paragraph (3) states that "sovereignty is in the hands of the people and is carried out according to the Constitution", paragraph (3) states that the State of Indonesia is a state of law. The consequence of these provisions is the implementation of the concept of people's sovereignty and the concept of the State of Law, while the concept of people's sovereignty means that the state puts the highest power in the hands of the people which is carried out according to the Constitution and the concept of the state of law, namely the administration of the state based on the law. General elections in Indonesia as one of the efforts to realize a democratic country must be carried out properly in order to create elections that are professional and have credibility that can be accounted for. Constitution of the Republic of Indonesia of 1945 Article 1 paragraph (2). The implementation of direct, public, free, confidential, honest and fair general elections can be realized if carried out by general election organizers who have integrity, professionalism and accountability. This research is a normative juridical research. Normative juridical research is a method of legal research that is carried out by examining literature materials or mere secondary materials.[1]  This research is a normative or doctrinal legal research complemented by empirical data, which will examine and analyze fair law enforcement in general elections. The approach used in the research is adjusted to the problem being studied. The source of legal materials in this study comes from library research, where literature research uses primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials are materials whose content is binding because they are issued by the government or institutions that have authority. And secondary legal sources are materials in the form of books and other printed materials, as well as software, namely by accessing a number of data through the internet (downloading) various books, scientific journals and research results, and tertiary legal materials are legal materials that support primary legal materials and secondary legal materials. The results obtained in this study are; Philosophically, the essence of election law enforcement is not just to punish violators, but to purify the democratic process so that the elected leaders truly represent the pure will of the people.