Justice Aswanto: KPU Must Follow Bawaslu Recommendations
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Deputy Chief Justice Aswanto talking at a webinar on progressive lecturers’ scientific studies of the State Islamic University (UIN) Alauddin Makassar with the Makassar City Elections Supervisory Agency (Bawaslu), Saturday (5/9) in Jakarta. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The general elections (pemilu) organizers’ role in the regionalhead election (pilkada) is to implement the norms truthfully so that the elected leaders reflect the conscience and confidence of the people, said Deputy Chief Justice Aswanto at a webinar on progressive lecturers’ scientific studies of the State Islamic University (UIN) Alauddin Makassar with the Makassar City Elections Supervisory Agency (Bawaslu) on Saturday, September 5, 2020.

At the event, which was entitled “Regional Head Election: Contest between Idealism and Pragmatism,” Justice Aswanto said that election organizers issued made firm, clear regulations. He said that Bawaslu had evolved. It used to comply with the regional government prior to the enactment of the election legislation. It used to be the Elections Supervisory Committee (Panwaslu), elected by regency/city Legislative Council (DPRD) members. It couldn’t work optimally as it was entangled with the competing powers in the regions. With the enactment of election legislation, it broke free from contesting political elite and gained independence to carry out supervision over the election.

“Bawaslu has a crucial role in giving recommendations, which must be followed up by the KPU [General Elections Commission]. If the KPU fails to do so, it may face criminal sanctions. This means, the regulation of Bawaslu’s work, both in the provinces or regencies/cities, is already excellent because Law No. 10 of 2016 has given Bawaslu an authority. Bawaslu’s power to enforce its recommendations is strong, but it is slow,” Justice Aswanto explained before Makassar City Bawaslu Commissioner Abdillah Mustari and UIN Alauddin Makassar professor Rasyid Masri through Zoom.

In his presentation on “Pilkada, Sovereignty, and Welfare,” Justice Aswanto observed the correlation between pilkada as a mechanism to elect leaders and the people’s welfare. Pilkada serves to select leaders that reflect the people’s aspirations, and Bawaslu must participate in it.

He admitted that in the Constitutional Court’s pilkada dispute resolution, Bawaslu’s recommendations are essential. The Court also consider the petitioners’ petitions and the KPU, following regulations that the Court has set.

He added that pilkada correlates with the people’s welfare. Swift pilkada, without petitions lodged in the Constitutional Court, is ideal. The state must expend significant funding for pilkada dispute cases. In contrast, petitioners are not required to pay for submitting their petitions.

“After the KPU passes its decisions, all parties can accept the results with an open heart. However, election organizers must educate the people so that everyone can use their right to vote well and elect trustworthy leaders who reflect their conscience,” Justice Aswanto said.

Writer: Sri Pujianti
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 9/7/2020 12:29 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.


Monday, September 07, 2020 | 08:24 WIB 234