Problematika Kepastian Hukum Dalam Pemeriksaan Sentragakkumdu Pada Pemilihan Kepala Daerah Tahun 2024

Abstrak

Legal certainty is needed to create orderliness, peace, sense of security in society by providing clear direction regarding the rights and obligations of each person. Without legal certainty, there is no standard code of conduct, which can create to chaos, injustice and arbitrariness. This paper analyzes the phenomenon of the reportee absence (in absentia) in the Sentragkkumdu Investigations in the 2024 Bandung Election, using the Positivism Utilitarianism framework, specially the thoughts of John Austin (Positivism) and Jeremy Bentham (Utilitarianism). The case study focuses on the Sentragakkumdu Investigations Bandung Election, money politic`s crime cases, where investigators decided to stop the investigations process, because the reportee not present. This paper argues that decision to stop the investigation election crimes, because the reportee was`nt present is very contrary to the principle of legal certainty and the principle of criminal law to find material truth. Positivism Utilitarianism become a solution where election crime cases must be processed without the presence of the reportee, so that providing guarantee of good enforcement of regional election law and providing sense of justice for the society and all parties involved in the stages of the election regional process.