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A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election

IJCLS (Indonesian Journal of Criminal Law Studies) · Vol. 7 No. 1 (2022) · pp. 99–126

DOI
10.15294/ijcls.v7i1.38376
ISSN
2548-1576, 2548-1568
Published
2022-05-31
Publisher
Universitas Negeri Semarang
Language
eng
License
creativecommons.org/licenses/by/4.0

Abstract

This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.

Keywords

Collaboration network of the authors

16 authors · 32 co-authorship links

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Co-authorOrganisationJoint articles
NURUL HIKMAHAffiliation unknown2
AHMAD BASHRIAffiliation unknown1
ROJIL NUGROHO BAYU AJIAffiliation unknown1
Rena Arya FebriantiAffiliation unknown1
Dandi Akbar PutraAffiliation unknown1
Firda Yanis HardiantiAffiliation unknown1
Syahid Akhmad FaisolAffiliation unknown1
Aditya Wiguna SanjayaAffiliation unknown1
Anisa Deny SetiawatiAffiliation unknown1
Dewi SetyowatiAffiliation unknown1
Sonny ZulhudaAffiliation unknown1
Irfa RonaboydAffiliation unknown1
Arinto NugrohoAffiliation unknown1
Dicky Eko PrasetioAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/ijcls/oai, first harvested 5 Nov 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election</dc:title>
	<dc:creator xml:lang="en">Rusdiana, Emmilia</dc:creator>
	<dc:creator xml:lang="en">Maharani, Rizkiyah Putri</dc:creator>
	<dc:subject xml:lang="en">Violation of Neutrality, Criminalization, Civil Servant Criminalization, Punishment, Criminal Sanction</dc:subject>
	<dc:description xml:lang="en">This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of&amp;nbsp; economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2022-05-31</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/journals/ijcls/article/view/38376</dc:identifier>
	<dc:identifier>10.15294/ijcls.v7i1.38376</dc:identifier>
	<dc:source xml:lang="en">IJCLS (Indonesian Journal of Criminal Law Studies); Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022); 99-126</dc:source>
	<dc:source>2548-1576</dc:source>
	<dc:source>2548-1568</dc:source>
	<dc:source>10.15294/j73kmr22</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/ijcls/article/view/38376/7454</dc:relation>
	<dc:rights xml:lang="en">https://creativecommons.org/licenses/by/4.0</dc:rights>
</oai_dc:dc>