Functionalization Of Criminal Sanctions In The Relation With Administrative Sanction A Review Of Indonesian Election System

Abstract In the post-reformation era in Indonesia there is a trend of increasing productivity in legislations and it can be seen from the various Administrative Laws despite not in a consistent growth. Administrative laws are all regulations that govern the nation to execute their duties and obligations as public and state servants. For identify whether a regulation belongs to administrative laws or not there are at least two criterions the first is title approach and the second is content approach. This research has chosen Law Number 8 Year 2012 as an object of study considering that the law was passed in the post-reformation era which is regulating general election as a very central point of democracy and as an indicator of a democratic state. Functionalization of criminal sanctions in administrative laws basically is to combining two legal systems and disciplines of administrative laws and criminal laws has delivered problems in their implementation but all of them are ignored without any solution. Criminal sanctions that are essentially ultimum remedium have changed to a substantial coercive tool that in the end has weakened the criminal sanctions themselves in their practical implementations. Some of un-uniformities of criminal sanction system are that there are laws implementing special straft minima minimum penalty there are laws using straft maxima maximum penalty there are laws using special cumulative penalties and incisive cumulative penalties and there are laws using double track system. Any development of law that deviates away from its principles and theories will push its legal implementation away from its true direction and in the end of the day it will depart far away from the essence of legal development