The Civil Society Coalition for the Integrity of the 2024 Election assesses that the vacancy in the leadership of the Election Supervisory Body in 514 regions is unconstitutional. The Decision Letter of the Chairperson of the Bawaslu in August 2023 postponing the election and inauguration of the 2023–2028 Bawaslu members in 514 regencies and cities contradicts Law Number 7 of 2017 concerning General Elections. The vacancy in the Bawaslu members also has an impact on the vacancy for monitoring the ongoing 2024 election stages.
"The basis used by Bawaslu in point 2 of the a quo Decree is a form of Bawaslu's haphazardness in interpreting the clause of Article 556 (3) of the Election Law," said Network For Indonesian Democratic Society (Netfid) chairman Muh Afit Khomsani.
Afit stated that the Bawaslu decision has made election supervision vacant since August 14, 2023. This was unavoidable even though the RI Bawaslu had issued the Republic of Indonesia Bawaslu letter Number 565/KP.05/K1/08/2023 regarding the takeover of the duties and authority of the Regency Bawaslu/Panwaslih/City.
Article 556 paragraph (3) of Law 7/2017 states that if something happens that causes the Provincial Bawaslu or Regency/City Bawaslu to be unable to carry out their duties, the Bawaslu or Provincial Bawaslu will carry out the stages of supervising the conduct of elections temporarily until the Provincial Bawaslu or Regency/City Bawaslu can carry out their duties again.
Furthermore, Afit stated that the context of Article 556 (3) can be implemented if Regency or City Bawaslu personnel do not carry out their duties due to illness, being subject to sanctions, or other reasons. In fact, Regency and Municipal Bawaslu cannot carry out their duties because the Bawaslu personnel have not been elected and appointed in an unprofessional, transparent, and legally baseless manner. This is a form of action that has corruptive and political nuances that constitutionally harm society's right to legal certainty.
Bram from the Indonesian Independent Election Monitoring Committee (KIPP) added that the taking over of authority from the vacancy in the Bawaslu leadership was contrary to the election law. Article 99, letter e, of Law 7/2017 reads, Regency or Municipal Bawaslu after receiving the opinion of the Bawaslu if the Regency or City Bawaslu is temporarily absent as a result of being subject to sanctions or other consequences in accordance with statutory provisions.
"This article does not apply to the postponement of the announcement of the selection, for which there is no commissioner yet," said Bram.
Previously, Bawaslu issued a Decree of the Chairman of the Election Supervisory Body Number 285/HK.01.00/K1/08/2023 concerning the Fourth Amendment to the Decree of the Chairman of the Election Supervisory Board Number 280/KP.01.000/K1/08/2023 concerning Guidelines for the Implementation of Bawaslu/Regency Panwaslih/City Term of Office 2023-2028. Through this Decree, the Bawaslu of the Republic of Indonesia changed the arrangements regarding the Schedule for Announcement of Elected Members and Appointments as stated in the schedule for selecting Regency/City Bawaslu members for the 2023-2028 term of office, page ii, Number 13.
Initially, the RI Bawaslu scheduled the announcement for August 12, 2023, but it was postponed to August 14. Through a decree issued on August 14, 2023, the Indonesian Bawaslu again changed the announcement schedule to August 16, 2023, and the inauguration to August 20, 2023 (Sunday). []
NUR AZIZAH
