Repeated Ethical Violations, KPU Asked to Be More Careful

The KPU commissioners again violated the code of ethics. Compliance with a code of ethics is one of the parameters of democratic elections.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Pelanggaran Etik Berulang, KPU Diminta Lebih Cermat

KOMPAS/HENDRA A SETYAWAN

The Chairman of the General Elections Commission (KPU), Hasyim Asyari (left), accompanied by KPU members (left to right) Parsadaan Harahap, Betty Epsilon Idroos, Idham Holik, Yulianto Sudrajat, August Mellaz, and Mochamad Afifuddin pose during the registration of political parties as candidates for the 2024 elections at the KPU Building in Jakarta on Tuesday (2/8/2022).

JAKARTA, KOMPAS - Election Commission commissioners were reminded to be more careful in conducting elections. The Election Law or code of ethics for election organizers must be adhered to. Continued violations have the potential to undermine public trust in organizers and the conduct of elections, leading to a lack of confidence in the election results.

On Monday (5/2/2024), the Election Organizers Honorary Council (DKPP) declared that the chairman and six members of the General Election Commission (KPU) violated ethics regarding the follow-up to the Constitutional Court's decision on the requirements for presidential and vice presidential candidates. KPU Chairman Hasyim Asy'ari was given a final stern warning sanction, while six KPU members were given stern warning sanctions, namely M Afifuddin, Parsadaan Harahap, Betty Epsilon Idroos, Yulianto Sudrajat, Idham Holik, and August Mellaz. The decision was read alternately by DKPP Assembly Chairman Heddy Lugito and members J Kristiadi and I Dewa Kade Wiarsa Raka Sandi.

This is not the first ethical violation committed by the commissioners. In late October 2023, Hasyim also received a strong warning sanction and six other commissioners received warning sanctions for violating ethics in the preparation of regulations related to female legislative candidates.

In early April 2023, Hasyim was also given a final warning sanction for violating professional principles and tarnishing the honor of the election organizer institution in his relationship with the Chairman of the Republican Party One, Hasnaeni.

Also read: DKPP Says KPU Chairman and Members Violated Ethics in Complaint Regarding Gibran's Registration

KOMPAS/RONY ARIYANTO NUGROHO

The atmosphere was tense as expert witness testimony was heard during the Ethics Hearing held by the Elections Organizers Honorary Council (DKPP) against the Commissioner of the General Elections Commission (KPU) of Indonesia regarding the registration of Gibran Rakabuming Raka as a vice presidential candidate (cawapres). The hearing took place in the DKPP hearing room in Jakarta on Monday, January 15, 2024.

Although Hasyim has already been given a final warning sanction, Heddy Lugito said that a heavier sanction cannot be imposed because the DKPP's decision is not accumulative and is different in each case.

Professor of Comparative Politics, Faculty of Social and Political Sciences, Airlangga University, Ramlan Surbakti, when contacted, reminded that the main parameter for realizing democratic elections is holding elections based entirely on the Election Law and the organizers' code of ethics election. Otherwise, the legitimacy of the election organizers and administration could be in doubt. In the end, election results may be declared valid, but are not trusted by the public.

"The effectiveness of government will be disrupted if legitimacy is questioned," said Ramlan.

Therefore, commissioners of the KPU should be more careful. Not only that, the DKPP should impose sanctions that can create a deterrent effect. Repeated violations by KPU commissioners indicate that DKPP sanctions cannot create deterrence.

Also read: Final Debate, Presidential Candidates Be More Careful

KOMPAS/WISNU WIDIANTORO

Ramlan Surbakti

Administrative violations

In its consideration, the DKPP assembly stated that the actions of the KPU commissioners in following up on the MK decision regarding the requirements for the presidential/vice-presidential candidacy are already in accordance with the constitution. The decision in question, Number 90/PUU-XXI/2023, ruled that someone who is under 40 years old but has served as a regional head can run as a presidential or vice-presidential candidate. With this decision, President Joko Widodo's son, Gibran Rakabuming Raka, can register as a vice-presidential candidate paired with Prabowo Subianto.

However, the panel assessed that the implementation of the Constitutional Court's decision which was read out on October 16 was considered not in accordance with the administrative governance of the election stages. The reason is, the KPU commissioners followed up by issuing a letter addressed to the leaders of political parties (political parties) participating in the 2024 Election . The essence of the letter dated October 17 asked political parties to guide the Constitutional Court's decision. On the same date, the KPU commissioners also issued KPU Decree Number 1378 of 2023, which essentially adjusted the requirements for presidential/vice presidential nominations to the Constitutional Court's decision.

Iklan

However, the KPU should have followed up on the decision of the Constitutional Court by first revising Regulation No. 19/2023 on Presidential Election Nomination. This is as stipulated in Article 10 of Regulation No. 1/2022 on Procedures for the Formation of Regulations and Decisions within the KPU. As part of the preparation of the draft regulation, KPU commissioners should also consult with the DPR and the government, as stipulated in Article 75 paragraph (4) of the Election Law.

Meanwhile, according to the council, the KPU commissioners have only sent a request for consultation to the DPR on October 23, 2023, or seven days after the MK's decision was announced. "The actions of the accused (KPU commissioners) cannot be justified," the council said.

Also read: Final Strong Warning Sanctions for KPU Chairman Hasyim Asy'ari

KOMPAS/RONY ARIYANTO NUGROHO

Chairman of the Honorary Council of Election Organizers (DKPP) Heddy Lugito led an ethics hearing against a commissioner of the Indonesian General Elections Commission (KPU) regarding the registration of Gibran Rakabuming Raka as a vice presidential candidate (cawapres) in the hearing room of the Honorary Council of Election Organizers (DKPP), Jakarta, Monday (15/1/2024).

In addition, the council states that the actions of the respondents who issued a record of the acceptance of registration of presidential and vice-presidential candidates on October 27, 2023 are also unusual because they do not comply with the principles of administrative law. The record should be issued according to the day and date of registration conducted by each presidential and vice-presidential candidate pair.

"Moving forward, the accused are expected to be more diligent in carrying out their duties and responsibilities, in order to avoid speculation and tumultuous reactions from the public," said the assembly."

KPU Chairman Hasyim Asy’ari refused to comment on the decision as it is under the full authority of DKPP. However, in every trial of the case, he and six other KPU leadership members always attend and provide argumentative answers, statements, and evidence regarding the case.

Meanwhile, the complainant's lawyer, Sunan Diantoro, stated that the decision of the Election Supervisory Agency (DKPP) once again shows the existence of ethical problems in Gibran's candidacy. "It is proven and clear that Gibran caused some state institutions to be damaged and the people within them to violate ethics. We certainly remember the Constitutional Court (MK) and its judges violating ethics heavily, and now the General Election Commission (KPU) violates ethics. Although we are disappointed, the commissioners should have been dismissed dishonorably," he said.

Vice presidential candidate (cawapres) number 2, Gibran Rakabuming Raka together with his wife Selvi Ananda toured the city on a motorbike or usually called "Sunmori" (Sunday morning ride) from in front of the Senayan City mall towards Kemang, Sunday (4/2/2024).

Gibran's candidacy

Heddy Lugito said that the DKPP decision had no impact on Gibran's candidacy. This is because the case being complained of is an alleged violation of the code of ethics by election organizers and is not related to the election process. "This decision is purely an ethical decision, it has nothing to do with Gibran's candidacy," he said.

When asked for his response regarding the decision made by DKPP, Gibran said that he will first review the decision.

Vice Chairman of the National Campaign Team for Prabowo Subianto-Gibran Rakabuming Raka, Habiburokhman, said that although the decision of the Election Supervisory Board (DKPP) has no impact on Gibran's candidacy, they anticipate the possibility of the DKPP decision being used as a political attack against Prabowo-Gibran. "Surely, there will be a damaged tape played repeatedly by those who are afraid of losing, bringing up ethics and so on," he said.

Also read: Not having an electronic ID card, novice voters can still vote

KOMPAS/RONY ARIYANTO NUGROHO

The presidential and vice-presidential candidate pair Prabowo Subianto-Gibran Rakabuming Raka entered the room where the final debate in the 2024 Presidential Election will be held at Jakarta Convention Center, Jakarta on Sunday (4/2/2023).

Meanwhile, vice presidential candidate number 1, Muhaimin Iskandar, considers the decision of the DKPP to be a question for all parties. "We must continue discussions and strive for KPU to still be able to carry out the general election. However, on the other hand, justice must truly be realized," said Muhaimin.

In Yogyakarta, the Chairman of the Department of Constitutional Law at the Faculty of Law of Gadjah Mada University, Zainal Arifin Mochtar, considers the DKPP decision to be late. "It's no longer possible for there to be a disqualification effect, right?" said Zainal.

The chairman of the Muhammadiyah Central Board, Busyro Muqoddas, considers DKPP's decision as a historic honesty. "This means that with the decision, there is an ethical problem that is increasingly escalating," said Busyro. (BOW / SYA / PDS / WER / NIA / TIO / MTK / ENG / NCA)