COVID-19 Health Protocol Violations Increase

As the 2020 simultaneous regional elections near, violations of COVID-19 health protocols are getting more rampant. A regulation in lieu of law, therefore, is necessary to strengthen the prevention of violations

KOMPAS/JUMARTO YULIANUS

The candidate pair for governor and deputy governor of South Kalimantan, Denny Indrayana-Difriadi Darjat (wearing flowers) was paraded by a mass of supporters when registering with the South Kalimantan General Election Commission in Banjarmasin, on Saturday (5/9/2020).

JAKARTA, KOMPAS — Violations of health protocols imposed to curb COVID-19 transmission have begun to increase. A regulation in lieu of law (Perppu), therefore, is necessary to strengthen the enforcement and the punishments for those who violate protocols, undermining public health and the quality of the elections.

General Elections Commission regulation (PKPU) No. 13/2020 on the implementation of the 2020 regional elections amid the COVID-19 pandemic is the legal foundation for handling violations of COVID-19 health protocols. Article 88 of the regulation stipulates that the Elections Supervisory Agency (Bawaslu) will punish violations with letters of reprimand. If the offenders ignore the written reprimand, Bawaslu can recommend that the police impose a stricter punishment based on established laws.

Also read: Candidates Announced as COVID-19 Risks Rise

Based on Bawaslu data obtained by Kompas, as of Wednesday evening, 177 regions were holding political campaigns from Sept. 28 to 30. Bawaslu had come across health protocol violations in 34 of those regions. The violations included face-to-face electoral campaign events that were attended by more than 50 people, failure to wear masks and failure to keep a safe physical distance. The figure was an increase from the previous discovery of health protocol violations in 19 regions during the first two days of the 2020 regional elections campaign period on Sept. 26 and 27.

Unable to disperse

Local Bawaslu offices in a number of regions have issued written reprimands for electoral candidate pairs and campaign teams that have violated health protocols. Not all electoral campaign events in violation of protocols, however, could be dispersed.

Also read: Strict Action and Sanctions Imperative

In North Sulawesi, for example, the campaign team of the Vonnie Anneke Panambunan-Hendry Runtuwene gubernatorial ticket, have gotten their share of written reprimands from the elections supervisory team in Wori, North Minahasa.

KOMPAS/KRISTIAN OKA PRASETYADI

North Sulawesi gubernatorial candidate Vonnie Anneke Panambunan (center, in tinted glasses) leaves the local General Elections Commission (KPU) as her running mate Hendry Runtuwene (rear left, in black mask and top) gestures amidst a throng of media and supporters on 24 Sept. 2020, after drawing their ballot number in Manado.

North Minahasa Bawaslu member Rahman Ismail said the Vonnie-Hendry campaign team had violated health protocols by gathering more than 50 people and exceeding the permitted campaign period. The local supervisory team, therefore, decided to give the pair’s campaign team a written reprimand and wrote a recommendation that the Wori Subprecinct Police disperse the electoral campaign activity.

“The recommendation letter was issued to no avail, as the Wori Subprecinct Police were hesitant to take any action. Our party, however, has implemented PKPU No. 13/2020. We could not disperse the crowd as it was the police’s authority,” Rahman said.

The head of the Vonnie-Hendry campaign team, Victor Mailangkay, did not respond to Kompas’ phone call for confirmation. Through text message, he suggested contacting the campaign team’s secretary, Decky Senduk, for further information. Victor did not provide Decky’s contact information.

Also read: Risk of Pilkada 2020

In a separate incident, the Jambi Bawaslu has reprimanded the Al Haris-Abdullah Sani pair for convening a large crowd close to the campaign period. Jambi Bawaslu head Asnawi said his party had discovered two such violations, once on Sept. 24 and once on Sept. 25.

Al Haris-Abdullah Sani campaign team spokesperson Musri Nauli, when asked for confirmation, said his party was still determining which campaign activities were being referred to.

Also read: Risk Mitigation of Regional Elections During Pandemic

KOMPAS/WILIBRORDUS MEGANDIKA WICAKSONO

The Purbalingga Maju Coalition Declaration of Change in support of Purbalingga regent candidate M Sulhan Fauzi and Purbalingga vice regent candidate Zaini Makarim Supriyatno in Rembang, Purbalingga, Central Java after registration at KPU Purbalingga, Central Java, Sunday (6/9/2020). The crowd was inevitable.

In Pekalongan, Central Java, two candidate pairs for regent, namely the Asip Kholbibi-Sumarwati pair and the Fadia A Rafiq-Riswadi pair, were reprimanded for allegedly violating the health protocols.

Asip confirmed the report, saying that his party was being reprimanded for gathering a large entourage during a preparatory stage of the elections. “However, it was their initiative. We were not intentionally bringing the large entourage. It was hard to prevent [them from accompanying us],” Asip said, referring to his supporters.

Issuance of Perppu considered

Bawaslu member M Afifudin said the agency could not take action on the violations beyond what was stipulated by the PKPU. For stricter measures, a Perppu was required.

However, Afifudin said that to ensure better compliance to the health protocols, local Bawaslu offices had been asked to coordinate with local police or military forces. Any discovery of health protocol violations, Afifudin added, would be directly reported to the Bawaslu offices at the regency level. If any criminal violations were found, they would be handled by the police.

To avoid large crowds, smaller crowds could first be dispersed. Such a measure could be conducted by the police

Bawaslu member Rahmat Bagja added that there were two measures that could be taken. First, the police, with or without Bawaslu’s recommendation, could take action to disperse crowds.

“What should be prevented is crowds. To avoid large crowds, smaller crowds could first be dispersed. Such a measure could be conducted by the police,” said Bagja.

Kompas/Wawan H Prabowo

Citizens cast their voting rights in the Simultaneous Regional Election 2020 voting simulation activity in the Cilenggang area, Serpong, South Tangerang on Saturday (12/9/2020).

The second measure, according to Bagja, was to enforce criminal sanctions based on the country’s Epidemic Law, Health Quarantine Law or the Criminal Code (KUHP).

Centre for Strategic and International Studies (CSIS) political researcher Arya Fernandes said violations of health protocols would occur if no detailed regulation stipulating the enforcement for violations was issued. According to Arya, the regulations issued by certain state agencies, such as the PKPU or Bawaslu, were not enough to deter electoral candidates from holding large gatherings.

Also read: Promoting Public Participation in Regional Elections Amid Pandemic Remains a Challenge

Arya said clear coordination between state agencies was required to handle violations, which could be regulated through a Perppu.

Meanwhile, KPU commissioner Ilham Saputra said that since the PKPU N0. 13/2020 was issued, overlapping responsibilities between related state agencies had been fixed. “Bawaslu can provide recommendations for sanctions. PKPU No.13/2020 also stipulates the police’s authority to disperse [crowds],” said Ilham.