Hayatullah, Hengki (2022) MALAPRAKTIK DALAM PENYELENGGARAAN PEMILIHAN UMUM LEGISLATIF TAHUN 2019 (Studi Tentang Kemelut Perolehan Suara dan Penetapan Hasil Pemilu untuk PDI Perjuangan Dapil Kalimantan Barat 1). Masters thesis, Faculty of Social and Political Science.

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Abstract

In holding the 2019 Legislative Elections, the PDI Perjuangan Dapil West Kalimantan 1 is
entitled to two seats out of the eight seats in the DPR. As for the order of the highest
consecutive votes, first, Cornelis received 285,797 votes, second, Alexius Akim received
38,750 votes, third, Michael Jeno received 36,243 votes, fourth, Maria Lestari received
33,006 votes. However, there was an adverse malpractice in which there were dismissals and
resignations of the elected DPR RI legislative candidates before they were determined, thus
changing the configuration of the filling of legislators.
This study aims to analyze the malpractice that occurred in the acquisition of votes and the
determination of election results for the PDI Perjuangan Dapil of West Kalimantan 1. The
analysis uses the theory of election malpractice by Sarah Birch in her book electoral
malpractice (2011). The research method uses a qualitative descriptive analysis through a
case study approach, namely a single instrumental case. Data collection uses in-depth
interviews and document study techniques. The data analysis technique uses the Creswell
model through the stages of processing data, reading, coding, applying coding, describing
and making interpretations.
The results of this study indicate that election malpractice occurred which affected the
determination of the elected DPR RI candidate for the PDI Perjuangan Dapil of West
Kalimantan 1, in the form of manipulation of the legal framework of the laws and regulations
governing elections by political parties, carried out by using loopholes in Article 426 of Law
No. . 7/2017 concerning Elections, if the elected candidate in question dies, resigns, and no
longer fulfills the requirements to become a member of the DPR, DPRD before being
determined by the KPU. Alexius Akim as the elected candidate was fired and Michael Jeno
was forced to resign for no apparent reason. Meanwhile, administrative manipulation
occurred in the form of maladministration adjudication of election disputes by the West
Kalimantan Bawaslu. The factors that influence the occurrence of election malpractice are
general factors; ad hoc organizers take sides/not neutral, the follow-up results of Bawaslu
decisions are not used, and special factors; There is an internal party conflict.
The conclusion of this study is that the determination of election results must be based on an
open proportional election system (open list representation), that is, it must be persistent in
defending the elected legislative candidates who have been elected by the public (voters)
based on the results of the most votes obtained from the votes acquired by each candidate.
The advice that can be given in this paper is the need to revise Law No. 7/2017 concerning
Elections, Article 426 relating to the replacement of elected candidates, so that the
mechanism for dismissing elected legislative candidates by political parties is regulated in
the Election Law, the aim so that no one is harmed.
Keywords: Malpractice, Election, Determination of Elected Candidates.

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