Black Campaign in Legal Perspective
Juridically, the activity of black campaign is not explicitly regulated in the Law. However, Article 280 paragraph (1) of the Election Law regulates what shall not be conducted in a campaign, one of which is the prohibition black campaign.
The content of the article affirms that implementers, participants, and election campaign teams are prohibited from:
- Questioning the state ideology of Pancasila, the Preamble to the 1945 Constitution of the Republic of Indonesia, and the form of the Unitary State of the Republic of Indonesia.
- Conducting activities that endanger the integrity of the Unitary State of the Republic of Indonesia.
- Insulting a person, religion, ethnicity, race, group, candidate, and/or other election participants.
- Inciting and pitting individuals or communities against each other.
- Disrupting public order.
- Threatening to commit violence or advocating the use of violence against a person, a group of community members, and/or other election participants.
- Damaging and/or removing campaign props of election participants.
- Using government facilities, places of worship, and educational institutions.
- Carrying or using images and/or attributes other than the images and/or attributes of the election participant in question.
- Promising or giving money or other materials to election campaign participants.
Sanctions for Perpetrators Black Campaign
As mentioned in Article 512 of Law 7/2017 that every implementer, participant, and/or campaign team who intentionally commits a violation as written in Article 280 paragraph (1), has the potential to be sentenced to a maximum imprisonment of 2 (two) years and a maximum fine of Rp24,000,000.00 (twenty-four million rupiah).
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