The Credibility of Election Organizers
KPU.Reflecting on previous elections, at these stages, complaints of alleged ethical violations began to emerge, especially regarding the alleged violation of the requirements to become a member of Panwaslu.
Fair and open elections are the main requirements of a democratic order.
Through elections, all citizens of the nation have the same opportunity to determine a leader who will carry out state administrative affairs within the next five years.
In order for the elections to produce leaders with integrity and trust, we must start by ensuring that election organizers also have integrity and trust. The Indonesian nation needs the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) to be morally and professionally qualified as the key to realizing a fair, clean, open and accountable election.
In the context of maintaining the integrity of the election organizers, our legislation institutes the Election Organizer Honorary Council (DKPP). Its job is to handle violations of the code of ethics for election organizers (the KPU and Bawaslu).
Currently, the KPU has completed the administrative verification process of political parties and is entering the stage of factual verification of the eligibility of political parties for participating in the 2024 General Election. Meanwhile, Bawaslu is currently recruiting members of Panwaslu at the district level throughout Indonesia, which will be followed by the recruitment process of the District Election Committee (PPK) by the KPU.
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Reflecting on previous elections, at these stages, complaints of alleged ethical violations began to emerge, especially regarding the alleged violation of the requirements to become a member of Panwaslu. On the other hand, the DKPP has confirmed members of the Regional Examination Team (TPD) from 34 provinces, which will be centered in Yogyakarta on October 31, 2022.
In this way, the discourse of postponing the elections that had appeared should be ignored.
In addition, the government, in this case the Home Ministry, is preparing government regulations in lieu of laws to accommodate the implementation of elections in three new autonomous regions: Central Papua Province, South Papua and Papua Mountains. In this way, the discourse of postponing the elections that had appeared should be ignored.
While election day is still far away, the issue of integrity and professionalism of the election organizers must receive careful attention. Moreover, the political situation has recently begun to warm up. Consolidation between political parties is already visible at the top of the national political landscape. The process of the candidacy for the president and vice president has also garnered much attention from the public.
Legitimacy of democracy
The 2024 election is likely to be as colorful and lively as previous elections. Public attention is not only focused on national leadership candidates and political parties, but also on the readiness and alertness of the election organizers.
Basically, the election organizers are community representatives who are entrusted with holding quality democratic parties. They are the chosen people who are considered morally, intellectually, professionally capable and qualified to carry out a very difficult, noble and sensitive task, namely to become election organizers.
It must be admitted that being an election organizer is the same as holding a form of power that directly determines the political dignity of a nation. Such a form of power is very important and at the same time risky.
Election organizers need to always be aware that the foundation of legitimate power is the legitimacy of democracy. Referring to the British philosopher who is also known as the father of liberal democracy, John Locke, the authority to govern or exercise power must always be based on the mandate and will of the people.
In the context of organizing elections, what are the mandates and interests of the people? The people here must be understood as citizens of the nation as a whole, not as a community that has been divided into clusters of groups supporting prospective leaders.
Common sense will emphasize that the mandates and interests of the people in question are in organizing elections that are honest, clean and fair, regardless of who will win or lose. Carrying out the mandates and interests of the people is the foundation of the existence, decisions and actions of the election organizers.
As emphasized by Franz Magnis-Suseno in his book Political Ethics and Basic Moral Principles of a Modern State (2003), the absolute implementation of state power, which is based on the mandate and will of the people, has the consequence that the exercise of power must always be carried out based on and within the limits of the existing law.
In the same law, mechanisms have been provided to monitor the behavior and performance of election administrators.
Laws or legislation is a manifestation of the mandate and will of the people. Of course, what is meant by this is the law that was born in a democratic regime, which was formulated in a participatory and democratic manner. In the context of elections, the actions and decisions of election organizers must always refer to what is regulated/ordered by the Election Law. In the same law, mechanisms have been provided to monitor the behavior and performance of election administrators.
Regarding the authority of the DKPP, it needs to be emphasized that the sanctions that can be imposed by the DKPP do not change or cancel the election results. The object of the problem handled by the DKPP is the integrity and professionalism of election organizers. Sanctions can be imposed in stages, from a written warning and temporary dismissal to permanent dismissal as an election organizer.
Then comes the question: Is it necessary for the DKPP to issue permanent dismissal sanctions for election organizers?
In this case, the DKPP is carrying out the mandate of Election Law No. 7/2017. Even though what the DKPP is dealing with is a violation of the Election Organizer's Code of Ethics, the Election Law authorizes the DKPP to impose severe sanctions on election organizers, namely the permanent dismissal from their respective positions as members of the KPU or Bawaslu.
Here, the imposition of sanctions against election administrators is carried out by considering the impact caused by the ethical violations that occur. Ethical violations that seriously interfere with the legitimacy of the election organization clearly need to be given strict and severe sanctions. There should be no doubts, because the legitimacy of organizing elections determines the legitimacy of the overall election results.
Public sense of justice
In this context, the integrity, morality and professionalism of the organizers are key factors. Violations of integrity, morality and professionalism need to be given weight in their handling. The DKPP's firmness on ethical violations of election organizers is also very important to maintain public trust in the implementation of elections. The public needs to be convinced that the independence, neutrality and impartiality of election organizers are truly guaranteed and controlled through a system of enforcement of the Election Organizer's Code of Ethics which is carried out proportionally, firmly and indiscriminately.
These sanctions are considered not to have a deterrent effect and do not fulfill the public's sense of justice that has been harmed by the actions of the officials concerned.
Moreover, the factual situation shows that so far there have been expressions of disappointment in society over the legal sanctions imposed on public officials and public officials in certain cases. These sanctions are considered not to have a deterrent effect and do not fulfill the public's sense of justice that has been harmed by the actions of the officials concerned.
Fulfilling the public's sense of justice is a fundamental issue for public institutions such as the KPU and Bawaslu. To quote Magnis-Suseno (2003), "The public's recognition of the state's authority to establish laws and to ensure their enforcement is part of the essence of the state. The stability of a country depends on the extent of public recognition of the authority of the state."
The KPU and Bawaslu are state institutions that organize the elections. Of course they realize that the recognition and legitimacy of the community is the foundation of their existence. Recognition and legitimacy are inevitably determined by the extent to which the KPU and Bawaslu are able to work and act professionally, honestly and fairly.
Being fair is very important and problematic here. It is problematic because the KPU and Bawaslu are facing elements with their own particular interests: political parties, presidential and vice presidential candidates, legislative candidates, the campaign teams, volunteers, monitoring groups, the mass media and the public.
It is natural for political parties and candidates to have an interest in “good relations” with the KPU and Bawaslu. It is common for the campaign teams or sympathizers to want to influence the independence and neutrality of the KPU and Bawaslu. Here, the moral strength and integrity of the election organizers are really tested. Civil society and the press will always be watching them from a distance.
The Greek philosopher Plato once postulated that a good state life would be achieved if society was organized according to the ideals of justice. Justice here is not just how the rights of all people can be guaranteed, but how to make the order of the whole society harmonious and balanced. Plato emphasized the morality and integrity of state administrators.
Therefore, the recruitment and selection phase of election organizers, the variables of integrity, credibility and impartiality have always been emphasized.
The administrators or guardians of the state, according to Plato, “must live in a way that does not allow the development of personal interests. They must have the ability to overcome attachment to personal gain.” The problem is that election organizers are also human beings. And as humans, they have personal interests and self-interest. Therefore, the recruitment and selection phase of election organizers, the variables of integrity, credibility and impartiality have always been emphasized.
Likewise, in the phase of performance monitoring, integrity, impartiality and credibility are also the main benchmarks. This is solely to fulfill the public's sense of justice related to the implementation process and the results of the elections as momentum for the realization of the people's sovereignty in a democratic country.
Heddy Lugito, Chairman of the Honorary Council for Election Organizers (DKPP) of the Republic of Indonesia for the 2022-2027 period.
(This article was translated by Kurniawan Siswo.)