Perppu to Protect Right to Vote

KOMPAS/WAWAN H PRABOWO

Banners about the 2019 simultaneous general election color the sidewalk in front of the Communications and Information Ministry on Jl. Merdeka Barat, Jakarta, Friday (22/2/2019). The General Elections Commission (KPU) is aiming for a voter participation rate of 77.5 percent in the 2019 election.

JAKARTA, KOMPAS – A government regulation in lieu of law (Perppu) is believed to be effective in resolving problems unregulated by the Election Law, including the provision of ballots for transferee voters.

Law No. 7/2017 on elections in believed to be inadequate to address all potential problems surrounding the 2019 general election. A Perppu is required to resolve the problems.

The Perppu will be necessary, for instance, to provide extra ballots for transferee voters at certain polling stations. The Perppu is also needed to ensure that eligible voters without electronic ID cards and not included on the final voter list (DPT) can still vote by only showing their electronic ID registration letter.

Kompas also found concerns over the complexity of the voting and vote tabulation mechanisms. Article 383 Point 2 of the Election Law stipulates that vote tabulation must be done at polling stations on voting day.

KPU simulation shows that, in a normal situation, vote tabulation will be finished at around midnight. There is the possibility that vote tabulation at certain polling stations will only be finished the next day.

In regions with districts comprising more than 1,000 polling stations, such as Jakarta, there are requests for alternative solutions for vote tabulation at the district level. Law No. 7/2017 stipulates that vote tabulation at district level is to be conducted by the district polling committee (PPK), which has five members, over three weeks. However, as some districts have more than 1,000 polling stations, there are concerns that it will be difficult to achieve this.

Comprehensive solution

House of Representatives Commission II member Achmad Baidowi of the United Development Party (PPP) said in Jakarta on Friday (22/2/2019) that people’s right to vote must be protected as it is guaranteed by the Constitution. He said the Perppu could be an alternative solution but it must not merely regulate the provision of extra ballots. The Perppu must also regulate other things unregulated by the Election Law.

“It will be a waste it the Perppu only regulates one thing. There are many weaknesses in the Election Law. If we are talking about the Perppu, it must address all problems to make it comprehensive,” Achmad said.

Previously, the General Elections Commission (KPU) faced difficulties in accommodating transferee voters concentrated in certain regions. Under the current law, the KPU can only provide ballots in line with the DPT, plus 2 percent extra ballots. The stipulation, which exists in the Election Law, makes it difficult for the KPU to provide sufficient ballots in these certain polling stations.

As of Feb. 17, 275,923 voters have requested transfers in 87,483 polling stations spread in 496 regencies and cities. The KPU still opens registration for transferee voters to be included in the provisional voters list (DPTb) until March 17.

Baidowi said there are many other issues that the Perppu must address. This includes a guarantee to vote for eligible voters without e-ID cards and not included on the DPT, vote tabulation at polling stations ending after midnight on voting day and vote tabulation extension at district level.

Different opinions

KPU commissioner Viryan Aziz said there were two alternative solutions on the provision of ballots for transferee voters, namely a Perppu and a judicial review of Article 344 Point 2 of the Election law, which stipulates the maximum number of printed ballots.

“The KPU needs a legal basis to provide ballots for transferee voters. The government has the authority to issue a Perppu while transferee voters can file a judicial review with the Constitutional Court [MK] as they may lose their right to vote,” he said.

Home Minister Tjahjo Kumolo said a Perppu would not be necessary. He asked the KPU to use prevailing regulations.

House Commission II head Zainuddi Amali of the Golkar Party said a Perppu would not be necessary as it would take a long time to deliberate it. An agreement between the House, the government, the KPU, the Elections Supervisory Agency (Bawaslu) and political parties to allow the KPU to print extra ballots for transferee voters was preferable.

Network for Democracy and Electoral Integrity (Netgrit) founder Hadar Nafis Gumay said filing a judicial review on the Election Law could be an alternative solution if Perppu deliberation was protracted. “I predict a speedy process at the MK. The MK has experience in making speedy decisions. It can be done right now as this relates to people’s constitutional right to vote,” he said.

Election and Democracy Syndicate (SPD Indonesia) researcher Erik Kurniawan said the Perppu should not be issued hastily to resolve these problems. (AGE/BOW/MTK/INK)