Criminal Law Enforcement Against Vote Inflation In The Medan City Legislative General Elections (Analysis Of Decision No. 03/Pid.S/2024/Pn Mdn)

Abstract

The democratization that has occurred in Indonesia provides an opportunity for communities to maintain and preserve the values, norms, and beliefs of their ancestors, manifested in cultural traditions and customs. To strengthen these traditions, traditional institutions have emerged as a form of legitimacy and community identity . Customary Law Communities (MHA), with their various forms of existence, have provided serious considerations in various studies and recognitions. This is clearly evident in the views of experts, legislation, and the indigenous communities themselves regarding the recognition of MHA. However, all of this has not been able to provide a definitive answer regarding their legitimacy as a subject with all its communal rights. Differing perspectives and parameters also result in ambiguity regarding the concept of MHA and communal rights in concrete situations within society. This study focuses on the views of experts and legislation as well as indigenous communities regarding the MHA in question. Then it also provides answers to the conditions, steps and/or processes that must be met in providing legitimacy and legal certainty to MHA with all its communal rights, and ultimately there is an answer to the problem so far as the cause of MHA and its communal rights not providing legitimate status with all forms of legal consequences that have.