IDEAS home Printed from https://ideas.repec.org/a/prv/pssjpv/1996.html

Legal certainty in sentencing of local legislative candidates involving village heads in election campaigns (Case study of Bireuen District Court decisions No. 29/Pid.Sus/2024/PN.Bir and No. 30/Pid.Sus/2024/PN.Bir)

Author

Listed:
  • Anzilahata Anzilahata

    (Universitas Islam Negeri Ar-Raniry)

  • Riza Afrian Mustaqim

    (Universitas Islam Negeri Ar-Raniry)

  • Nurul Fitria

    (Universitas Islam Negeri Ar-Raniry)

  • Arifin Abdullah

    (Universitas Islam Negeri Ar-Raniry)

  • Ihdi Karim Makinara Jamhir

    (Universitas Islam Negeri Ar-Raniry)

Abstract

This study examines an election violation case in Bireuen District, where a DPRK candidate involved a village head (keuchik) in campaign activities, raising legal issues regarding the application of Articles 490 and 493 of the Election Law. The research focuses on analyzing judicial considerations and reviewing legal certainty in the decisions of PN Bireuen No. 29/Pid.Sus/2024/PN. Bir and 30/Pid.Sus/2024/PN. Beer. Using a qualitative normative juridical method with case, statute, and conceptual approaches, the primary data consist of court rulings and the Election Law, supported by legal literature. Findings reveal that the judges established both formal and material elements of the offense but imposed relatively light sentences, which undermined consistency and predictability of rulings. Although the legal norms were upheld, the decisions did not fully realize the principle of legal certainty, highlighting the need for harmonization in sentencing patterns to strengthen certainty in electoral law enforcement.

Suggested Citation

  • Anzilahata Anzilahata & Riza Afrian Mustaqim & Nurul Fitria & Arifin Abdullah & Ihdi Karim Makinara Jamhir, 2026. "Legal certainty in sentencing of local legislative candidates involving village heads in election campaigns (Case study of Bireuen District Court decisions No. 29/Pid.Sus/2024/PN.Bir and No. 30/Pid.Sus/2024/PN.Bir)," Priviet Social Sciences Journal, Privietlab Research Center, vol. 6(7), pages 155-169, July.
  • Handle: RePEc:prv:pssjpv:1996
    DOI: 10.55942/pssj.v6i7.1996
    as

    Download full text from publisher

    File URL: https://journal.privietlab.org/download.php?id=12897
    Download Restriction: no

    File URL: https://libkey.io/10.55942/pssj.v6i7.1996?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:prv:pssjpv:1996. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Mochammad Fahlevi (email available below). General contact details of provider: https://journal.privietlab.org/index.php/PSSJ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.