Jakarta, Election Supervisory Board – Non-Governmental Organization (NGO) FERMAK (Forum Etalase Rakyat Menggugat dan Anti Korupsi) Tasikmalaya Regency visited the Election Supervisory Board office 4th floor to report the case occurred in the implementation of stages of election for local leaders in Tasikamalaya Regency on Thursday night (15/10). Representatives of NGO FERMAK, Dadan MR and Ikbal Nasihin, were met directly by the Head of Technical Analysis of Supervision and Potential Violations, Feizal Rahman and Head of Sub-Section of Potential Violations of Region II, Edi Supriyanto.
This NGO questioned about the Decree of Tasikmalaya Regency Election Commission on the repeal of the decree on the postponement of stages of election for local leaders. According to FERMAK, there was a very principle mistake made by Tasikmalaya Regency Election Commission in addressing the Constitutional Court decision and the letter from the Election Commission of the Republic of Indonesia.
The Constitutional Court Injunction No. 100 / PUU-VIII / 2015 did not apply at all to the postponement of stages of election for local leaders in Tasikmalaya Regency, said Dadan. The Constitutional Court Injunction only granted article 49, 50 paragraph 9 and Article 51, 52 paragraph 2 of Law No. 8 of 2015.
Implicitly, he continued, the Constitutional Court affirmed that the one which can continue the stages of election for local leaders was the Provincial Election Commission, Regency and Municipality that has a single candidate whose requirements had been verified and had been determined as a candidate for Regent and Vice Regent.
Meanwhile, in the Election in the Tasikmalaya Regency there was no a single candidate yet but there was a single registrant. "So we assess that the Decree of Tasikmalaya Regency Election Commission No. 84 / Kpts / KPU-Kab-011.239078 / X / 2015 is legally flawed and the implementation of stages in the Tasikmalaya Regency Election Commission is illegal," said Dada.
In the stages of election for local leaders made by Tasikmalaya Regency Election Commission No. 85 / Kpts / KPU-Kab-011.239078 / X / 2015 regarding the implementation of further stages of election of the regent and vice regent of Tasikmalaya 2015, there is re-registration for 3 days as affirmed in the Injunction of Constitution Court No. 100 / PUU-VIII / 2015. Therefore, the Decree of Election Commission relating to the stages of election of the Regent was considered violating the rules outlined by the Injunction of Constitutional Court, said Dadan.
Responding to the report, Feizal Rahman said that previously the local parliament of Tasik Malaya had also been consulted on how the legal basis for the implementation of the further stages of election for local leaders of Tasikmala Regency. There are 3 regencies, namely Tasikmalaya, Blitar and Timur Tengah Utara which actually had not established any candidates. Furthermore, the Election Supervisory Board would also conduct studies related to this issue.
"In essence, we (Election Supervisory Board) accept this report as information and materials to make a decision at the national level. However, it should be understood when it is associated with the breach reporting mechanism, then the one who has the jurisdiction over the violence is the Tasikmalaya Regency Supervisory Committee. But, of course we will keep monitoring from the headquarters," said Feizal.
Author: Ali Imron