PENEGAKAN HUKUM TINDAK PIDANA POLITIK UANG (MONEY POLITIC) DITINJAU DALAM PERSPEKTIF SOSIOLOGIS YURIDIS (STUDI KASUS DI BAWASLU KOTA MALANG)

The constitutional mandate regarding the rule of law provides the foundation for social and political life, with democracy as the governing system that underpins the people's power. However, challenges such as money politics in elections highlight the gap between democratic ideals and political practices in reality, necessitating stronger and more effective law enforcement. This study aims to analyze the legal construction of money politics regulation in elections in Indonesia and examine the practices and challenges faced by Bawaslu Kota Malang in handling money politics cases during elections. The research method used is empirical juridical legal research (Socio-Legal), employing field studies, interviews, and literature studies for data collection. The conclusions of this study are: (1) Money politics in elections undermines democracy by threatening electoral integrity, reducing people's sovereignty, and fostering corruption. Various practices, such as vote-buying and gift-giving, worsen social conditions. Firm actions are needed to eliminate money politics for fair and honest elections. (2) The enforcement of electoral criminal law follows the procedures outlined in the Election Law; however, Bawaslu Kota Malang faces challenges in its implementation. In 2019, there were three reported cases, but one case was not pursued due to budget constraints and difficulties in presenting key witnesses. Meanwhile, in 2024, no violations were found. The recommendation of this study is that the enforcement of electoral criminal law is hindered by unclear bureaucracy and Bawaslu's limited authority. The difficulty of presenting witnesses and budget constraints, as experienced by Bawaslu Kota Malang, should be addressed through a tiered mechanism and institutional synergy to ensure more effective and accountable law enforcement.