Erwida Maulia, Jakarta – The government has been slammed for issuing a regulation-in-lieu-of-law to allow double marking on ballots and to update the permanent voter list.
At least three political parties – the Indonesian Democratic Party of Struggle (PDI-P), the National Awakening Party (PKB) and the Crescent Star Party (PBB) – questioned the motives behind the issuance of Government Regulation-in-Lieu-of-Law No. 1/2009, signed Thursday by President Susilo Bambang Yudhoyono.
PKB deputy secretary-general Marwan Jafar said the new regulation was "highly controversial" because it was issued only a few days before the House went into recess from March 3 to April 19.
He added he was worried the ruling on voter capitulation could be used to benefit certain parties by allowing new names to be included in the list.
Similar concerns were voiced by PBB chief patron Yusril Ihza Mahendra, also a constitutional law expert and former state secretary in Yudhoyono's Cabinet. The regulation will only benefit the "interests of power holders" currently seeking reelection, Yusril said.
"We couldn't possibly discuss the regulation because there is hardly any time left. Legislators are busy preparing to campaign across the country, while discussions on this issue require a lot of debates," Marwan argued.
He added the regulation also failed to provide clarity over how to mark ballots, while expressing concern it would lead to numerous "technical problems".
The regulation, Marwan went on, could mislead the public because of its ruling on marking ballots, which differed from the method now being publicized by the General Elections Commission (KPU) through its public service announcements.
Under to the Constitution, a regulation-in-lieu-of-law must be approved or rejected by the House of Representatives.
Presidential expert staff for legal affairs Denny Indrayana said the government had submitted the new regulation to the House soon after it had been signed by the President.
Senior PDI-P legislator Ganjar Pranowo said his party was not troubled by the contents of the regulation, but rather questioned why the government had not instead issued a "more urgent" regulation on the distribution of votes among legislative candidates.
He said parties were still confused over how exactly to distribute seats they won to their candidates, since the Constitutional Court ruled that seats would go to candidates who won the most votes.
However, Denny said such a regulation was not needed after the court had issued the ruling. KPU chairman Abdul Hafiz Anshary said his office was ready to follow up on the new regulation.
Government Regulation-in-Lieu-of-Law No. 1/2009
Article 47(4): "For those registered as voters but with their names not appearing on the permanent voter list, the KPU can revise the list by including them as eligible voters."
Article 176(1a): "In the case where election workers find – while tallying the ballots – more than one marking on the same column for a party and/or column for a candidate and/or column of legislative candidates from the same party, the vote is declared valid and counted as one."
Article 176(2a): "In the case where poll workers – while tallying the ballots – find one or more markings on the same number and/or photo column and/or name of Regional Representatives Council (DPD) candidate, the vote is declared valid and counted as one."
Article 176(3): "Technical guidance for the implementation of the regulation is regulated further by the KPU."