Arief\'s Dismissal Becomes an Institutional Evaluation

Kompas/Heru Sri Kumoro

Chairperson of the Commissioner of the General Election Commission Arief Budiman wearing masks and face shields in the Supplementary Electoral Data Submission, Socialization of Stages and Launching of the 2020 Election Stages at the KPU Office, Jakarta, Thursday (18/6/2020).

JAKARTA, KOMPAS — The Election Organization Ethics Council (DKPP) on Wednesday (13/1/2021) dismissed Arief Budiman as the chairman of the General Elections Commission (KPU). The DKPP evaluated that Arief had violated the code of ethics and code of conduct for the election organizers regarding the reactivation of Evi Novida Ginting as a member of the KPU.

The DKPP’s decision indicates there is a design of institutional relations between the KPU and the DKPP, which lawmakers need to fix.

In court case No. 123-PKE-DKPP/X/2020, five of the seven members of the DKPP council judged that Arief was proven to have violated Article 14 Letter c in conjunction with Article 15 Letter a and in conjunction with Article 19 Letter c and e of DKPP Regulation No. 2/2017 on the Code of Ethics and the Code of Conduct of the Election Organizers. Meanwhile, one DKPP member abstained and another member expressed a dissenting opinion.

Also read: Developing Political Infrastructure

A complaint about Arief was previously filed with the DKPP for accompanying inactive KPU member Evi when she filed a lawsuit with the Jakarta State Administrative Court (PTUN) regarding her dismissal by the DKPP on March 18, 2020. A complaint about Arief was also filed because he made a decision that allegedly exceeded his authority, namely issuing KPU letter No. 663/SDM.13-SD/05/KPU/VIII/2020 dated Aug. 18, 2020, which asked Evi to return to actively carry out her duties as a member of the KPU.

"Imposing the final harsh warning sanction and dismissal from the position of the chairman of the KPU to defendant Arief Budiman as the KPU chairman since this decision was read," said DKPP chairman Muhammad.

KOMPAS/PRADIPTA PANDU

Muhammad, Chairman of the Election Organization Ethics Council (DKPP)

When met after the trial, Arief admitted that he had not yet decided on the next legal step. He was still waiting for a copy of the verdict from the DKPP before taking a stand. "I have never committed violations and crimes that hurt the integrity of the elections," he said.

Institutional design

Titi Anggraini from the Association for Elections and Democracy (Perludem) said the DKPP decision showed there was an election management institutional design that lawmakers needed to fix. Because, said Titi, the root of the DKPP decision was the Evi case. The DKPP decision that dismissed Evi was annulled by the Jakarta PTUN because it was judged to have violated procedures.

Therefore, Titi said Arief\'s decision could not be separated from the problems arising from the problematic institutional relations between the KPU and the DKPP. "The current design creates rivalries between the organizers, where there is institutional hegemony that one institution tries to show over the other institution," she said.

Also read: Learning from America

According to Titi, the election institutions must be designed to maintain the independence and integrity of the election management institutions. An internal mechanism can be an option as long as it is accompanied by a clear working mechanism and a clear design of authority.

So, what is tested in the PTUN is the KPU decision, not the DKPP decision

"Arief can take legal action to the PTUN, but must wait for the dismissal decision as the chairman from the KPU plenary meeting. So, what is tested in the PTUN is the KPU decision, not the DKPP decision. There is already a precedent on this matter, such as in the Evi case," said Titi.

The founder of the Network for Democracy and Electoral Integrity, Hadar Nafis Gumay, hoped the KPU would evaluate the decision and continue to work better. "I hope Arief respects the DKPP decision which is final and binding," he said.

The secretary-general of the Independent Election Monitoring Committee, Kaka Suminta, considered the DKPP decision to be the tip of the iceberg in terms of election organizer ethics. There is concern that this will have an impact on public confidence in the behavior of election administrators.

Disrespecting the DKPP

DKPP member Didik Supriyanto said Arief should have been able to place himself at the right time and place in the public space and not be trapped in personal and emotional actions that dragged the institution and had implications for disobedience and disrespect for the DKPP decision which was final and binding.

The council also assessed that without any legal basis, Arief asked Evi to return to be actively on duty as a member of the KPU through a letter dated Aug. 18, 2020. The letter referred to the Letter of the Ministry of the State Secretariat of the Republic of Indonesia No. B.210. "The defendant\'s action is a form of abuse of authority," said Didik.

Kompas

Ida Budhiati, member of the Election Organization Ethics Council (DKPP).

Another DKPP member, Ida Budhiati, added that Arief did not have a legal and ethical basis to order Evi to be active again as a member of the KPU. According to law and ethics, Evi is considered no longer eligible as an election organizer after being dismissed based on DKPP Decision No. 317-PKE-DKPP/X/2019.

Another DKPP member, Pranomo Ubaid Tanthowi, when reading out his dissenting opinion, said that Arief signed a letter dated Aug. 18, 2020, in his capacity as the KPU chairman not in his personal name. This action was considered not to be a serious violation that hurt the integrity of the election process or results. (REK/SYA)

(This article was translated by Hyginus Hardoyo).