Expert Bambang Eka Cahya Widodo for Petitioners delivering his expertise in the judicial review hearing of the Election Law, Wednesday (13/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA—Lawmakers are actually aware of the need to add more Elections Supervisory Agency (Bawaslu) members, but the current provision on three members was made after consideration of the number of population and voters. However, it is irrelevant because electoral political dynamics actually depends on the election participants and the professionalism of the organizers, rather than on voters.

This was stated by the state administration expert of the Muhammadiyah University of Yogyakarta Bambang Eka Cahya Widodo, who was presented by the Petitioners of case No. 93/PUU-XVI/2018 in the judicial review hearing of Law Number 7 of 2017 on General Elections (Election Law) on Wednesday morning (13/2/2019). Petitioners Palaloi, Abdul Rasyid, Sitefano Gulo, and Alex and Melianus Laoli (the Petitioners) challenge Article 92 paragraph (2) letter c of the Election Law along the phrase "3 (three) or 5 (five) persons." 

Bambang further explained that electoral disputes were basically institutionalized conflicts, so the potential for disputes would always be there. "And if an adequate (Bawaslu) institution is not prepared to handle election disputes, election conflicts will likely escalate," Bambang said in the session chaired by Chief Justice of the Constitutional Court Anwar Usman. 

Additional Authority 

In his statement, Bambang also conveyed his experience when he served as Chairperson of the Election Supervisory Board in 2011. He mentioned at that time, Bawaslu had an additional authority based on the a quo law. In the beginning, Bawaslu was only authorized to prevent electoral conflicts, now it must seek resolution of electoral disputes, whose examination is open, as ordered by the law.

"If [there are] only 2 members of the District/Municipal Bawaslu, it will be difficult to make a decision. If 3 becomes 5, the addition of burden will also be adjusted to the high index of election vulnerability in areas far from the center, so that it can be used as a basis to determine [the number]. Even though it really cannot be used as an absolute basis," explained Bambang. 

In a previous session, the Petitioners conveyed that elections of integrity and dignity will not take place optimally considering there are only five organizing members to only three Bawaslu (Elections Supervisory Agency) members in carrying out the elections. The addition of personnel is necessary to balance the personnel or members of the District/Municipal Bawaslu in supervisory in order to achieve democratic elections. In addition, according to Mustafa, in the implementation of the 2019 Elections Bawaslu will have a lot of workload and meet complex issues so there is concern that election-related violations will be on District/Municipal Bawaslu.  Therefore, in the petitum, the Petitioners requested the Court to declare the a quo article along with the elucidation and attachment to the phrase "3 (three) or 5 (five) people" contrary to the 1945 Constitution and not have binding legal force insofar as it is not interpreted as 5 (five) people. (Sri Pujianti/LA/Yuniar Widiastuti)