JAKARTA, KOMPAS – Stakeholders in the 2019 general election are urged to sit down together to reach an understanding and find a solution to the possible shortage of ballot papers for voters who have transferred their registration. Apart from protecting citizens’ constitutional right to vote, action is also necessary to avoid unnecessary suspicion and chaos.
The General Elections Commission (KPU) has yet to find a solution to the possible shortage of ballot papers due to an influx of transferee voters in certain regions, such as mining regions. The KPU is prevented from providing extra ballots, as the Election Law stipulates that it may only provide ballot papers according to the final voter list (DPT), plus an extra 2 percent.
Several alternatives have been suggested as possible solutions, such as issuing a government regulation in lieu of law (perppu), filing a judicial review of the Election Law with the Constitutional Court (MK) to enable the KPU to print more ballot papers, and issuing a technical regulation to allow ballot papers to be transferred between polling stations.
National Commission on Human Rights (Komnas HAM) commissioner Choirul Anam said in Jakarta on Tuesday (2/26/2019) that the MK reaffirmed in its ruling on July 6, 2009 that the right to vote was a basic human right. The potential shortage of ballot papers at polling stations must therefore be resolved.
Any eventual resolution to the problem, he said, should involve discussion between the government, the House of Representatives, the KPU and the Elections Supervisory Board (Bawaslu). It was hoped such discussion could lead to mutual understanding and prevent suspicion among stakeholders, especially because disinformation with the potential to delegitimize the election was spreading like wildfire. “If [all stakeholders] sit down together and reach mutual understanding, suspicion can be averted,” said Anam.
Network for Democracy and Electoral Integrity (Netgrit) founder Hadar Nafis Gumay said that President Joko Widodo, as the head of state, should summon all stakeholders to determine a comprehensive solution to the problem. Stakeholders had all proposed solutions, but no coordination existed that could effectively solve the problem.
Urgency
Bawaslu official Fritz Edward Siregar urged the KPU to make a decision soon to protect the rights of transferee voters on the provisional voter list (DPTb), as the election was drawing near. The decision should concern logistical provisions for transferee voters.
Bawaslu head Abhan said that the KPU could still resolve the problem in time by optimally mapping potential transferee voters.
State Secretary Pratikno said that no plans yet existed to issue a perppu on printing extra ballot papers for transferee voters, as the Home Ministry had not received a relevant request from the KPU.
Meanwhile, KPU commissioner Viryan Azis said that the KPU would not take the perppu option as it requires House deliberation and may be rejected in its legislation process. He added that filing a judicial review with the Constitutional Court was the most reasonable option, particularly as the KPU has encouraged the avenue to ordinary citizens.
House Commission II member Achmad Baidowi said that filing a judicial review only on printing additional ballot papers would not be enough. Another judicial review was also needed to ensure that citizens were able to exercise right to vote, covering all those included on the DPT and those not on the list. (SAN/INK/GAL/NOW/HAR)