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Perppu and PKPU Have Not Issued Yet, Abuse of Authority for Local Elections is Still Enforced

Member of Bawaslu Fritz Edward Siregar when participating in discussions held by the Konstitusi Demokrasi (Kode) Inisiatif via online, Thursday 2 April 2020/Photo: Muhtar (Public Relations of Bawaslu RI)

Jakarta- Election Supervisory Body - Bawaslu Member Fritz Edward Siregar asserted, the process of handling violations of the abuse of authority of regional heads and local government officials for the interests of the elections regulated in Article 71 of Law Number 10 of 2016 on Election of Governors, Regents and Mayors or commonly referred to as the Election Law will still be enforced. The reason, he said, until now, the regulation on the Local Election Law 10/2016 is still running, and there are no replacement regulations.

"The application of article 71 when referring to today's date, the date of the determination of candidates for July 8, 2020, before the regulation amended, then every violation of Article 71 paragraph 1 or paragraph 3 is still valid because there is no stage that says the determination of candidates changes from July 8, 2020, "said Fritz in discussions held by the Konstitusi Demokrasi (Kode) Inisiatif via online, Thursday (2/4/2020).

He said, although there will be a Government Regulation in lieu of Law (Perppu), which regulates it must be implemented first through the KPU Regulation (PKPU). "Only about the date of nomination of candidates," he said.
"Regulation has also had to be implemented to PKPU. We are still waiting for the new PKPU regarding the date of nomination of candidates, as long as the date of nomination of candidates has not changed and is still July 8, if some regional heads or officials violate Article 71 this will continue the process of handling violations, "he said.

It should be noted, the Election Law 10/2016 in Article 71 paragraph (1) reads state officials, regional officials, state civil service officials, members of the TNI/Polri, and village heads or other names/headman prohibited from making decisions and/or actions that benefit or harm one of the candidate pairs.

Then, paragraph (2) reads the Governor or Deputy Governor, Regent or Deputy Regent, and the Mayor or Deputy Mayor is prohibited from changing officials 6 (six) months before the date of the determination of the candidate pairs until the end of the term of office unless written approval from the Minister is given.

Then paragraph (3) Governor or Deputy Governor, Regent or Deputy Regent, and Mayor or Deputy Mayor may not use authority, programs, and activities that benefit or harm one of the candidate pairs either in their area or in other regions within 6 ( six) months before the date of the determination of the candidate pair.

Chairman of the Kode Inisiatif Veri Junaidi agreed that as long as there were no substitute regulations, law enforcement Article 71 remained in force. He mentioned in the Act on Regional Election 10/2016 mentioned the prohibition of regional heads to use the authority that harms or benefits one of the candidate pairs as of six months before the determination of the candidate pairs.

"So, if there is currently law enforcement related to article 71, it should continue to run under existing regulations, as long as there has been no change with and will continue to apply as before (existing regulations)," he explained.

Editor: Ranap THS

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