Perludem DKPP Does Not Investigate Fraud Order from the Central Office

Perludem: DKPP Tak Mendalami Perintah Kecurangan dari Pusat
Image credit: rumahpemilu.org

The Election Organizer Honor Council (DKPP) has decided on ethics case No.10-PKE-DKPP/I/2023 filed by Jeck Stephen Seba, a member of the Election Commission (KPU) of Sangihe Islands Regency. In its decision, DKPP rehabilitated KPU RI member Idham Holik, North Sulawesi KPU Chair Meidy Tinangon, and North Sulawesi KPU members Salman Sahelangi and Lanny Ointoe.

Although Idham Holik was stated by DKPP not proven to have committed an offense, DKPP reminded Idham to be more careful in communicating publicly. Idham did not deny that he said he would "hospitalize" election organizers who were not upright. This was conveyed in a joking atmosphere at the National Consolidation of KPU, at the Convention Hall Beach City Entertainment Center (BCEC), Ancol, North Jakarta, December 2, 2022.

"As an Election Organizer, Complainant X must understand that in every act and action, the identity of the position is always attached. Therefore, Complainant X must avoid all actions and words that can cause noise and negative perceptions in the public and stakeholders," quoted from DKPP Decision No.10-PKE-DKPP/I/2023.

Meanwhile, Lucky Firnandy Majanto, Secretary of North Sulawesi KPU and Carles Y Worotitjan, Head of Technical Section for Organizing Community Participation Law and Human Resources of North Sulawesi KPU, received warning sanctions. A severe warning was given to Elsye Philby Sinadia, Chairperson of the Sangihe Regency KPU, as well as Tommy Mamuaya and Iklam Patonaung, members of the Sangihe Regency KPU.

"It is true that the Gelora Party submitted a letter of objection regarding party members who were not accommodated in factual verification through video call facilities based on DPN Gelora Party Letter Number: 155 A/EK/DPN-GLR/XI/2022 regarding Verification of Members of Sangihe Islands Regency, North Sulawesi Province dated November 6, 2022. However, the objection should have been followed up by the KPU of Sangihe Islands Regency in accordance with the procedures and mechanisms of factual verification as per KPU Regulation Number 4 of 2022..."

It was revealed during the trial that the accommodation of 33 Gelora Party members in factual verification through video calls was not based on the procedures and mechanisms in accordance with KPU Regulation Number 4 of 2022 regarding Registration, Verification and Determination of Political Parties Participating in the General Election of Members of the House of Representatives and the Regional House of Representatives. There are no administrative documents in the form of factual verification worksheets through video calls, or documentation of factual verification activities that have been carried out.

In this decision, only Jelly Kantu, Head of Technical Subdivision and Public Participation Relations of the KPU of Sangihe Islands Regency, was given a permanent dismissal sanction from his position. Jelly Kantu was considered by DKPP to have violated the code of ethics. He, who is the Sipol admin of the Sangihe Islands Regency KPU, was the one who inputted data on changes to the factual verification results of the Gelora Party and the Nusantara Awakening Party or PKN into Sipol.

"DKPP considers that the actions of Complainant IX are not justified according to the law and ethics of election organizers. The data changes and uploading of the Gelora Party factual verification results carried out by Complainant IX on November 7, 2022 violated the procedures and verification mechanisms as stipulated in KPU Regulation Number 4 of 2022."

It is known from the trial that Jelly Kantu's wife's family members are members of Gelora Party.

 

The related parties' testimonies

DKPP summoned a member of the North Sulawesi Provincial KPU, Yessy Momongan, and a member of the Sangihe Islands Regency KPU, Sri Mulyani, as related parties. In their testimonies, both said that data manipulation did occur in the factual verification process. Yessy, for example, emphasized that fraud was committed in three stages. First, one day before the open plenary meeting of the Indonesian KPU, on November 7, 2022. Two, one day after the start of the factual verification, or on November 25, 2022. Three, one day before the open plenary meeting of the North Sulawesi Provincial KPU, December 9, 2022.

"On November 8, 2022, an open plenary meeting was held by the KPU RI to recapitulate the verification results of the management and membership of political parties throughout Indonesia.  The results are outlined in the BA (Minutes) of KPU RI No.254/Pl.01.1-BA/05/2022. Based on the BA, the membership status of the Gelora Party in North Sulawesi from 11 regencies / cities was originally unqualified has changed into qualified."

Yessy also explained that the data used by the KPU RI is much different from the status and data of the North Sulawesi KPU recapitulation results which were officially issued on November 6, and have been uploaded into Sipol. The data used by KPU RI on November 8, 2022, said Yessy, was the result of data changes on November 7, 2022.

"On November 7, the Secretary of the Provincial KPU communicated through private chat to me, basically there is WA (Whats App) for the Secretary General of KPU RI to be followed up. On the same date, KPU RI member August Mellaz called me via VC (video call) but I did not enable the camera. He informed me that he was sitting together with Mr. Idham Holik, Mr. Drajat, and Mr. Secretary General, while communicating with Mr. Hasyim who was in Padang. - Mr. Agust Mellaz asked me to cooperate because in a moment the Secretary General of KPU RI would contact the secretary of the North Sulawesi Provincial KPU regarding the order to change the Gelora party data from BMS to MS, but I firmly refused."

Testimony from a member of the Sangihe Islands Regency KPU, Sri Mulyani, revealed that the data changes made by Jelly Kantu were carried out on the orders of the head of the Technical Section for the Implementation of Legal Community Participation, Carles Y Worotitjan, and the Secretary of the North Sulawesi KPU, Lucky Firnandy Majanto on November 7, 2022 in the hall of the North Sulawesi Provincial KPU Office.

"...and as a show of loyalty to the leadership, Respondent IX did this."

 

DKPP did not uncover the order of structured manipulation

The DKPP's decision was criticized by the Association for Elections and Democracy  or Perludem as a decision that failed to expose structured manipulation. The order to change the data from the factual verification results came from the Central KPU, not the initiative of organizers in the regions.

"DKPP has not investigated the manipulation committed by election organizers, because from what was conveyed by the complainant, it seems that this fraud exists because there is a structural order, while sanctions are only given to organizers in Sangihe Regency," said Perludem Executive Director, Khoirunnisa Nur Agustyati, to electionhouse.org (4/4).

Ninis regretted that the DKPP did not consider the evidences submitted by the complainant, including a number of video recordings spread in the media, which showed an order from the center to make changes to the data.

"From the video recordings published by the media, it was caught that the alleged fraud was carried out because of an order from the center, not Sangihe Regency's own initiative. That's why it's a shame that the DKPP did not delve deeper into this matter during the trial," Ninis firm. []

 
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Amalia Salabi is a researcher at Perludem and electionhouse.org organizer. Amalia has an interest in women's issues, alternative politics, Islamic politics, election technology, and digital campaigns. Amalia's work can be read at Perludem.org. She loves read and watching movies.
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