Relasi Hukum Dan Moral Dalam Sistem Penegakan Etika Penyelenggara Pemilihan Umum Di Indonesia

Legal positivism overshadows the legal system applied in Indonesia in the legal concept of"rechtstaat", according to valid legal positivism is a formalized law, law is not a social or moralfact that must be avoided by non-legal elements. The doctrine of positivism was born as arejection of the school of natural law, they rejected the laws of nature because they wereconsidered too metaphysical and idealistic, thus failing to provide legal certainty. On the otherhand, if positivism separates law from morality, the current of natural law argues that society,morality, and positive law are inseparable. Mainstream positivism is interesting to studytogether with the Indonesian socio-cultural context in a system that supports the ethics ofelection organizers. Using normative legal methods, this study examines how legal and moralrelations support the ethical system of Indonesian election organizers. The results of this studyconcluded that in the ethical enforcement system of Indonesian election organizers, therelationship between law and morality in the context of legal substance shows an integrativerelationship, and there cannot be attached a constitutional difference between morality and law.Even the value in Election Organizer Regulation Number 2 of 2017 and DKPP RegulationNumber 3 of 2017, DKPP Regulation 3 is amended by DKPP Regulation Number 3 of 2019 asa formal law that is taken into account as a moral right. However, in its implementation in thefield, the integrative relationship becomes an independent whole, giving rise to two differentinstitutions, each independent in its handling, regarding ethical violations and lawlessness