ANALISIS YURIDIS PENGATURAN KAMPANYE PEMILU DI MEDIA SOSIAL DALAM HUKUM POSITIF DI INDONESIA DITINJAU DARI ASPEK KEPASTIAN HUKUM

This study is motivated by the imbalance between the rapid development of digital technology and election campaign regulations on social media, which are not yet fully capable of accommodating the dynamics of cyberspace, particularly in relation to the incompleteness of campaign material norms, the limited definition of social media, and the weak monitoring and sanctioning mechanisms for unofficial accounts that have the potential to cause legal uncertainty. This study formulates two main questions, namely: How are election campaigns on social media regulated in positive law in Indonesia, and What is the ideal regulation of social media campaigns to ensure legal certainty. This study uses a normative juridical research method with a legislative approach. The types of legal materials consist of primary legal materials in the form of legislative regulations, secondary and tertiary legal materials as supporting materials, with legal material collection techniques, literature studies, and document studies, which are then analyzed descriptively and qualitatively. The results of the research and discussion show that the regulation of election campaigns on social media in Law No. 7 of 2017, PKPU No. 15 of 2023, and Perbawaslu No. 11 of 2023 are indeed formally valid and aim to maintain the quality of democracy, but they do not yet meet formal and material principles due to the vague definition of social media, unclear monitoring mechanisms, and norms that are not yet adaptive to digital dynamics. Although the rules are valid, these regulations do not yet reflect the digital reality, such as anonymous accounts, encrypted media, and quiet period content. Furthermore, many of the provisions are still open to interpretation and lack clear sanctions, making the overall regulation of digital campaigns vulnerable and in need of improvement to ensure legal certainty. In conclusion, this study recommends refining digital campaign regulations to be more specific and responsive by formulating a clear definition of social media, strengthening coordination of oversight, establishing proportional digital sanctions, ensuring transparency in political advertising, and creating specific rules for digital campaigns that include electronic evidence standards, integrated law enforcement SOPs, and improved digital literacy. These recommendations are expected to bring about adaptive and progressive digital campaign regulations that ensure legal certainty.