On-Time Recapitulation Is a Joint Role
The General Elections Commission (KPU) has started the national recapitulation of votes cast in the 2019 elections from two provinces. In order complete the recapitulation process on time, the commitment of all parties is necessary.
JAKARTA, KOMPAS — Candidates, KPU, Election Supervisory Body (Bawaslu) and election witnesses have the shared responsibility of ensuring the accurate and timely recapitulation of votes before the deadline. Failing to meet the deadline is considered a violation of the Elections Law.
According to Law No. 7/2017 on elections, the deadline for the recapitulating of votes is no later than 35 days after voting day, or on May 22.
As of Friday (10/5/2019), the recapitulation of votes from 129 Overseas Election Committees (PPLNs) had been completed out of a total of 130 PPLNs. Meanwhile, on Friday, national recapitulation began in two provinces, namely Bali and Bangka Belitung.
Moreover, there are four other provinces that have also completed the counting process and are ready to undergo national recapitulation, namely Central Kalimantan, North Kalimantan, Gorontalo and Bengkulu. The other provinces are still in the recapitulation process.
In addition, there are still regencies, cities and districts that have not completed the process. The KPU has extended the recapitulation deadline for subdistricts from May 5 to May 10. However, KPU data shows that as of Friday, 19 districts from eight provinces had not completed the recapitulation process. Five of them were in Jakarta, Maluku (seven districts), South Sumatra (two districts) and respectively one district in South Sulawesi, Riau, the Riau Islands, North Sumatra and West Java.
"We have encouraged [regional KPU offices] to speed up the recapitulation process at the district level. Later, we will review whether the district recapitulation can be completed immediately or not, and whether it will be extended. This is beyond our calculations. Recapitulation in a number of regions did not run smoothly because of various factors, for example, a revote or because of the large number of polling stations in the district," said KPU official Ilham Saputra.
Several districts in Jakarta, for example, have more than 1,000 polling stations (TPS), exceeding the national average of around 500 polling stations per district.
There have also been objections from election witnesses, stretching out recapitulation process. In East Java, for example, the recapitulation of votes from 38 regencies and cities scheduled for May 5 to May 9, has been extended to the deadline, the recapitulation was completed in 34 regencies/cities. Recapitulation in four other regencies/cities that have not been completed until Thursday at midnight was in Madura, namely Bangkalan, Sampang, Pamekasan, and Sumenep.
The vote count for Pamekasan began on Thursday night, but because of various objections from witnesses representing candidates, the recapitulation process was stopped early on Friday at around 2:00 a.m.
Legal implications
The executive director of the Association for Elections and Democracy, Titi Anggraini, said that the KPU, Bawaslu and election participants needed to have a better understanding of recapitulating votes.
"The understanding and good intention of the three parties to meet the deadline and accuracy is very necessary," she said.
If the process goes beyond May 22, there will be legal implications. The election organizer must at least propose the issuance of a government regulation in lieu of law (Perppu) if the deadline is not met. Another solution is to submit a judicial review to the Constitutional Court if there are any indications that the recapitulation will be delayed.
"To propose a Perppu involves a political process and takes time. So, does the filing of a judicial review to the Constitutional Court. Therefore, all parties should work hard and agree in implementing an effective recapitulation mechanism," he said.
With regard to maintaining calm while waiting for the recapitulation process to complete, in a breaking of the fast event with President Joko “Jokowi” Widodo, Vice President Jusuf Kalla and leaders of state institutions, People\'s Consultative Assembly (MPR) Speaker Zulkifli Hasan expressed his hope that the political elite will band together.
"Even though I do not support Pak Jokowi, my regular invitation to break the fast together was welcomed by Pak Jokowi openly and happily. We can get along and sit side by side at one table. This is the kind of event that can sew the red and white together again," said Zulkifli, who is also the general chairman of the National Mandate Party.
Manipulation of legislative votes
Numerous regions have reported allegations of vote manipulation.
In Papua, five members of KPU Yahukimo after being questioned by the Papua Bawaslu admitted that they had changed the voting data for members of the House of Representatives. Papua Bawaslu member Amandus Situmorang said he had issued a recommendation for KPU Yahukimo to improve the data on recapitulation results from the district level up to the regency level.
In North Jakarta, the local Bawaslu found indications of fraud in the vote recapitulation of candidates for the Jakarta Legislative Council. The votes were suspected to have been shifted to other candidates from the same party.
A member of North Jakarta Bawaslu, Benny Sabdo, said that his institution received many complaints from candidates who claimed that their votes were lost during the vote recapitulation process. They included members of the Indonesian Democratic Party of Struggle (PDI-P), Golkar Party, Democratic Party and Nasdem Party.
In North Sumatra, indications of fraud were also received by the local Bawaslu. "We have not received reports regarding alleged fraud in the presidential election. A lot of reports we received precisely deal with allegation of fraud in the legislative elections," said North Sumatra Bawaslu chairman Syafrida R Rasahan.
(REK/FLO/VIO/IDO/SYA/NSA/FRD/AIN/INK)