KPU Special Gate for Corruptors

The legal framework for elections must protect voter sovereignty. However, the KPU actually turned its back on it by making it easier for former corruptors to become candidates without fulfilling the five-year gap period.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI.

SUPRIYANTO

Illustration

The integrity of the election received threats from internal election organizers. The General Election Commission or KPU as an institution that should strictly protect the integrity of elections is doing the opposite. The KPU's policy in regulating the nomination of members of the legislature has provided a smooth path for former corruption convicts to be able to immediately advance to become candidates for the legislature in the 2024 General Election.

Destroying the legal framework for elections is not enough to give way to ex-corruption convicts. Removing the Wealth Report (LHK) requirement for candidates for legislative members (caleg) and reports on recipients of campaign fund donations is also a policy choice that goes against the principle of holding elections that are democratic and with integrity conducted by the KPU.

Also read: Requesting the Return of Former Corruption Convicts to the Political Stage

Make it easier for criminals

In every election, the public actually awaits for new breakthroughs that can be done by the KPU to increase voter participation and improve transparency in the election process. Therefore, KPU commissioners must be selected through a very long process. The goal is to obtain individuals who are truly capable, have integrity, and have a commitment to ensure that the election contest runs democratically.

However, for the current KPU, the situation is actually very concerning. Not to mention expecting new ideas to be poured into a policy to encourage the democratization of election management, what is being done is actually damaging the well-established system of election management. In fact, the damage done by KPU is already in violation of the Election Law and the Constitutional Court's decision (MK).

KOLEKSI PERLUDEM

The Clean Election Watch Coalition held a demonstration to protest against two KPU regulations that are deemed to provide a red carpet for former corruption convicts to run for the 2024 Legislative Elections, on Sunday (28/5/2023).

The General Election Commission in the Regulation on the Nomination of Members of the DPR and DPRD, as well as the Candidacy of DPD members, excludes a five-year pause for former corruption convicts who receive the additional penalty of revocation of political rights. In fact, the provision to equalize conditions for former convicts for all types of elections in Indonesia is a steep step that is not easy. Many parties and groups attempted to arrange this pause, and in the end it was decided by the Constitutional Court.

The Constitutional Court, through three verdicts No. 56/XVII/2019 for regional head elections, No. 87/PUU-XX/2019 for the nomination of DPR and DPRD members, and No. 12/PUU-XXI/2023 for the nomination of DPD members, provides the same standard for former convicts to become candidates again in a general election. In the three verdicts, the Constitutional Court firmly and progressively regulates that anyone who has the status of a former convict who is threatened with a prison sentence of five years or more must undergo a five-year interval before being able to participate in the election. This interval is calculated from the time the former convict has a pure free status.

According to the Constitutional Court, in a direct election system, it cannot be fully left to the voters to choose any candidate presented by political parties.

The three decisions by the Constitutional Court have a very thorough consideration and try to position the sovereignty of the voters that must be protected by the electoral legal framework. The Constitutional Court stated that for former convicts, especially those with corruption convictions related to public office, they need to be given time to improve themselves.

A five-year break is considered sufficient time for a former convict to reintegrate into society. This break is also intended to provide space for a former corruption convict to improve their wrongdoing related to the public office entrusted by the voters.

INDONESIA CORRUPTION WATCH

The list of former corruption convict candidates for legislators released by Indonesia Corruption Watch (ICW) on January 16, 2019.

Furthermore, according to the Constitutional Court (MK), in a direct election system, it cannot be left solely to voters to choose any candidate proposed by political parties. In the legal considerations of MK, the legal framework in organizing elections must provide protection to voters so that they are not presented with candidates in the election who are entirely determined by the party. According to MK, political parties also need to be given early limitations in selecting candidates to be chosen by voters.

In a situation where the requirements for candidates with the status of ex-convicts have been stated by the Constitutional Court to protect voters, the KPU is actually looking for illogical reasons to make it easier for former corruption convicts to become candidates without fulfilling the five-year respite requirement. In two KPU Regulations (PKPU), namely Article 11 Paragraph (6) PKPU No. 10 of 2023 and Article 18 Paragraph (2) PKPU No. 11 of 2023, an exception is made for ex-convicts corruption that is sanctioned by the revocation of political rights.

Also read: KPU Assesses Gives Red Carpet to Corruptors

The General Election Commission has set a requirement for those who have been sanctioned with the revocation of political rights from a decision in a general court that the five-year hiatus period does not need to be fulfilled. This provision is clearly incorrect. In fact, there is no relationship between criminal sanctions of revocation of political rights and the cumulative requirements that must be fulfilled by each candidate.

The reason given by the Chairman of the Election Commission who was trying to find excuses that the incorrect provisions made by the Election Commission also referred to the Constitutional Court's decision is a lie and deceiving the public. The Constitutional Court's decision does not mention at all that the cooling-off period is bypassed or not applicable to former convicts who have been stripped of their political rights, either in the considerations of the decision or in the operative clauses of the decision.

ADRYAN YOGA PARAMADWYA

The atmosphere of the verdict hearing at the Constitutional Court Building in Jakarta on Wednesday (30/11/2022). The Constitutional Court (MK) has added a requirement for a waiting period of five years for former convicts who wish to run as candidates for legislative members, both at the national, provincial, or district/city levels.

Material test in MA

These two KPU regulations that provide free rein for former corruptors are currently being submitted for judicial review to the Supreme Court (MA) to be annulled. Attempts to review the judicial review to the Supreme Court after attempts to ask the KPU to revise two regulations did not yield positive results.

The explanations from many civil society groups, including media highlights, were actually met with irrelevant and misleading explanations from the KPU. Material testing at the Supreme Court is expected to be decided soon. The Supreme Court is a source of support for restoring former convict requirements back to constitutional paths.

Also read: Political Room of Former Corruption Convicts

If looking at the normative conflict created by the Elections Committee (KPU) in two regulations regarding the nominations of members of the House of Representatives (DPR) and regional legislative councils (DPRD), including the nomination of members of the Regional Representative Council (DPD), it will not be too difficult for the Supreme Court (MA) to annul the two provisions made by the KPU.

The verdict of the Supreme Court can be directly implemented without disrupting the electoral process. Moreover, the General Elections Commission (KPU) is currently verifying the compliance of candidacy requirements at all levels. If the Supreme Court upholds the current material test, KPU is obliged to declare that all former corruptors who have not completed the five-year hiatus period do not meet the eligibility requirements as legislative candidates.

Fadli Ramadhanil, Program Manager of the Association for Elections and Democracy (Perludem)

KOMPAS/NIKOLAUS HARBOWO

Fadli Ramadhanil