Penegakan Hukum terhadap Pelanggaran Pemilihan Umum Kepala Daerah (Pemilukada) oleh Badan Pengawas Pemilu (Bawaslu) di Kabupaten Bandung dalam Perspektif Siyasah Dusturiyah

Abstract

State policies have a direct impact on the lives of citizens. Therefore, democracy places the people as the holders of the highest sovereignty, who have the right to determine the direction of their lives, including choosing leaders. The Regional Head Election (Pemilukada) is an important indicator in measuring the extent to which law enforcement has been implemented in Bandung Regency. This study analyzes the dynamics of law enforcement in the Regional Head Election (Pilkada) of Bandung Regency through the siyasah dusturiyah approach and the theory of benefit. Based on Law Number 7 of 2017 concerning General Elections, there are three types of violations, namely administrative violations, election crimes, and violations of the code of ethics. This study aims to, Analyze law enforcement against Pilkada violations by the Election Supervisory Body (Bawaslu), Identify obstacles and efforts by Bawaslu in law enforcement, Evaluate the suitability of law enforcement with the principles of siyasah dusturiyah. This study uses a qualitative method with a descriptive approach, through interviews and document studies. The results of the study show that Bawaslu has enforced the law in accordance with Bawaslu Regulation (Perbawaslu) Number 9 of 2024. In handling Pilkada violations, Bawaslu collaborates with various agencies, including the police, prosecutors, and the Integrated Law Enforcement Center (Gakkumdu). The obstacles faced by the Bandung Regency Bawaslu in enforcing the law include: Lack of concern for political education, Lack of public awareness of potential election violations, and Public fear of reporting violations for fear of being involved. Efforts made by Bawaslu to minimize violations include Providing education on the importance of political awareness and Socialization to various villages in Bandung Regency. From the perspective of siyasah dusturiyah, the principle of benefit has been applied in an effort to minimize election violations. However, there is still an imbalance in public awareness to report violations. Therefore, the application of the principle of benefit needs to be improved to ensure that the Theory of benefit provides a strong ethical foundation in the implementation of the Pilkada. By prioritizing benefit, it can realize a quality, fair, and good Pilkada for the entire community. On the other hand, violations of regional elections will have negative impacts that are detrimental to democracy, society and development.