Legal Issues Related to The Defense of Persons or Accused Persons as Witnesses in Election Cases

Abstract

This research aims to study 1) the meaning, concepts, and patterns related to elections. Witnessing basic principles in the procedural system 2) analyzing the power of the Election Commission to exclude persons as witnesses; and 3) comparing the checks and balances of the Election Commission's exercise of discretion in keeping individuals or accused persons as witnesses and the period of witness protection when there is a resolution to allow each other to be a witness. This research is qualitative. In-depth interviews together with focus group discussions that the researcher specifically selected from prosecutors or judges, lawyers, legal academics, and the general public—two people per group—for a total of four groups of eight people. The research results found that there should be amendments to the provisions. By specifying that the accused person has the right to submit a request to enter the process as a witness. Apart from cases in which the Election Commission uses its discretion to select any accused person as having appropriate qualifications. In addition, a joint working group between the prosecutor and the Election Commission should be set up to consider requests to be witnesses from the accused and provide checks and balances in the exercise of discretion in keeping the accused as a witness. The matter of keeping witnesses must be submitted to the Attorney General to examine whether it is appropriate or not and if there is a resolution to exclude the accused from being a witness. The committee shall protect those who are excluded from being witnesses immediately after the resolution to be reserved as witnesses is passed.