The revision of the Election Law (UU) is planned to be discussed in early 2021. Not wanting to be left behind by issues such as previous revisions, election activists and academics are pushing the issue of electoral management institutional design to become one of the crucial issues in the discussion. A number of ideas were put forward by election activists and academics in a limited virtual discussion (12/28).
Researcher from Pusat Studi Konstitusi [Center for Constitutional Studies] (Pusako) at Andalas University, Charles Simabura, suggested that the General Election Commission (KPU) and Election Supervisory Body (Bawaslu) institutions at the regency/city level should not be made permanent. The note is that if all elections are held simultaneously so that there is only one election in five years.
The same proposal was submitted by an academic of constitutional law at Andalas University, Khairul Fahmi. If the design of the simultaneous election chosen by the DPR and the Government is a national election that is separate from the regional elections for two years, then the permanent nature of the KPU and Bawaslu needs to be at the regency/city level.
"The separation of the national and regional elections requires the need to maintain the institutional nature of the KPU and Bawaslu until the regencies/cities are permanent," said Fahmi.
Professor of Political Science at Airlangga University, Ramlan Surbakti, is of the view that there needs to be a division of tasks between KPU members and the KPU secretariat general. KPU members are tasked with making implementing regulations and policies as well as supervising the general secretariat. The secretariat general carries out the technical stages of the election.
Redesign of Bawaslu?
A senior researcher at the Network for Democracy and Electoral Integrity (Netgrit), Hadar Nafis Gumay, views that Bawaslu should be transformed into an election dispute resolution institution, and its authority as supervisor should be abolished. Therefore, the quality of human resources (HR) of Bawaslu members must be adjusted to the function of the institution as an adjudication institution.
“We need to be firm with an institution that is given strong authority. Bawaslu does not need to be burdened with very broad oversight but who can handle the legal issues that occur: will it become an electoral court or a transitional election court? But the focus is on resolving disputes, deciding in a final and quick manner. Maybe the name Bawaslu needs to be changed, but the changes are in that direction," said Hadar.
Just like Hadar, Chair of the Constitution and Democracy Initiative (KoDe), Veri Junaidi also sees the need to separate supervisory powers from dispute resolution. The RI Bawaslu and the provincial Bawaslu can be transformed into bodies for handling disputes and election violations. The provincial Bawaslu handles disputes and violations at the first level and the RI Bawaslu at the level of appeal. Regency/city Bawaslu supervises and strengthens participation.
Well, the Constitutional Court (MK) continues to handle disputes over election results. Administrative disputes and election violations are handled by Bawaslu. Election crimes are handed over to the Police for certain cases,” explained Veri.
A researcher at the Center for Constitutional Studies (Pusako) at Andalas University, Charles Simabura, also proposed a similar idea about the division of authority between the RI Bawaslu, the provincial Bawaslu, and the regency/city Bawaslu. The regency/city Bawaslu and the District Supervisory Committee (Panwascam) are only given supervisory duties.
“Disputes are removed from the regency/city Bawaslu, but are withdrawn to the provincial level. The authority to take over also needs to be regulated in the Election Law," said Charles.
The term electoral justice must also be considered carefully. The reason is, if you use the term judiciary, then the election court must be under the Supreme Court. Charles suggested using the term electoral dispute resolution agency, not electoral court.
Andalas University academic, Fahmi reminded the need for continuity between the institutional design of Bawaslu in special areas in the Election Law and the Aceh Governance Law. The lack of synchrony between these two laws has led to the dualism of the Bawaslu institution in Aceh.
"The institutional design of Bawaslu in special areas, such as the Province of Nangroe Aceh Darussalam, is not yet coherent, because there is still institutional dualism due to the incompatibility of the Election Law with the Aceh Government Law," said Fahmi.
Fahmi added regarding the membership of KPU and Bawaslu. The number of district/city Bawaslu members is proposed to be 3 to 5 people, provincial Bawaslu 5 people, and RI Bawaslu 5 people.
Khairul Fahmi suggested that the total number of KPU RI members remain at 7 people, the provincial KPU to change to 5 people, and the Regency/Municipal KPU members to 5 people.
Recruitment
Not only the institutional design of the election organizers, the design of the election organizers' recruitment also received input. Member of the Supervisory Board of the Association for Elections and Democracy (Perludem), Titi Anggraini proposed that the recruitment of election organizers be carried out in a decentralized manner. The goal is that recruitment does not become a burden for the Indonesian KPU.
This decentralization of recruitment is also important for the involvement of women in elections. With the decentralization of recruitment of organizers, women's affirmation rules will be more optimal and participatory in their registration and monitoring.
University of Indonesia academic, Sri Budi Eko Wardani, proposed the simultaneous debriefing and recruitment of election organizers. Adding to Titi's explanation, Dani emphasized the affirmation of women in the selection process for election organizers. There are many women who have interest and ability in electoral issues, but face challenges in the selection process.
“In the field, many women have started to have an interest in electoral issues. The problem of women's selection is not simple, such as the need for family support," concluded Dani.
Based on Dani's observation, patronage occurs in the selection of national election organizers, especially at the fit and proper test stage in the DPR. The recruitment time which is very close to the election stage also makes the elected election organizers do not have enough time for regulatory adaptation and orientation. As a result, there will be professional problems in the future.
“When they are inaugurated, they must immediately face the stages of the election, there is no orientation. So there is a problem of professionalism,“ said Dani.
