Saturday, October 9, 2021 | 17:21 WIB

JAKARTA, Public Relations—Deputy Chief Justice Aswanto gave a keynote speech at the Book Review of an Evaluative Study of the Handling of the Simultaneous 2020 Regional Head Elections Violations by Bawaslu and Tadulako University on Saturday, October 9, 2021. Bawaslu member Ratna Dewi Pettalolo was also in attendance.

Justice Aswanto said the book on Bawaslu’s (Elections Supervisory Body) performance is an interesting study to enhance Bawaslu’s role of in guarding general and regional head elections (pilkada). In 2004, the presidential election was held alongside direct regional head elections. However, the government had a difficulty determining the organizers to oversee the implementation because Law No. 32 of 2004 states that the pilkada is a regional and not a general election. Similarly, Article 22E of the 1945 Constitution states that the General Elections Commission (KPU) is the organizer of the presidential and legislative elections, not pilkada. So, in the beginning, the pilkada disputes were to be settled by the Supreme Court (MA) at the provincial level and by the High Court at the regency/city level. However, the Supreme Court found it very difficult to carry out so Perppu No. 1 of 2018 states that before a special court is established, the Constitutional Court is to settle pilkada cases.

Justice Aswanto explained that in 2020, out of the 271 regions that participated in the pilkada, 151 were cases registered at the Constitutional Court. So, not only Bawaslu was prepared with regulations for its main duties and functions, he added, the Constitutional Court also prepared Article 158 for the formal requirements for filing for pilkada dispute petitions. Many recommendations from Bawaslu in the last pilkada and the proof leading to revote or re-counting should have been carried out by the election organizers. However, Bawaslu’s recommendations was considered final and binding, but awaiting follow-up by the KPU.

“The KPU carried out its main functions based on [its regulations], but in pilkada there are also operational provisions in Law No. 16 of 2019. Therefore, any norm and the norms above it should not be contradictory. That’s why, one of the things that needs to be fixed in Bawaslu’s function is the regulations. There are lots of information from Bawaslu in the hearings where the material criteria for violations can be fulfilled, but often it was declared overdue,” Justice Aswanto said.

Election Organizers

Seeing the phenomenon that happened with Bawaslu in the elections in Indonesia, Justice Aswanto gave his views on election organizers in Australia and Thailand. In both countries, only graduates in law and politics can become election organizers, to maintain professionalism in the implementation of elections.

This is not the case in Indonesia, so Bawaslu must work very hard to provide training on the implementation of elections to potential organizers. It must provide training on to the legal bases of elections and consolidate insights into elections.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/11/2021 20:07 WIB

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